Mich. Admin. Code (Environment, Great Lakes and Energy) | Michigan Administrative Code — Department of Environment, Great Lakes and Energy

# Michigan Administrative Code — Department of Environment, Great Lakes and Energy

## **Water Resources Division** Water Resources Division

### **R 281.21 to R 281.26** Shorelands Protection and Management

##### **Mich. Admin. Code R 281.21** Definitions {#sec-r-281.21 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 281.21}

DEPARTMENT OF ENVIRONMENTAL QUALITY

LAND AND WATER MANAGEMENT

GREAT LAKES SHORELANDS

(By authority conferred on the department of environmental quality by section 32312 of Act No. 451 of the Public Acts of 1994, as amended, being S324.32312 of the Michigan Compiled Laws)

Rule 1. (1) As used in these rules:

(a) "Act" means Part 323 oF Act No. 451 of the Public Acts of 1994, as amended, being Section 324.32301 et seq. of the Michigan Compiled Laws, and known as shorelands protection and management.

(b) "Alteration of vegetation" means to change the natural density and composition of plants by human activity such as mowing, cutting, clearing, spraying, burning, trimming, thinning, and other means.

(c) "Erosion hazard line" means the line along the shoreland that is the landward edge of the zone of active erosion or the line where the 583.0 feet international Great Lakes datum contour on Lake Michigan, the 582.2 feet international Great Lakes datum contour on Lake Huron, or the 603.3 feet international Great Lakes datum contour on Lake Superior meets the shoreland, whichever is furthest landward.

(d) "High bluff" means a bluff or dune that is more than 25 feet in height measured from the appropriate elevation contour set forth in the definition of erosion hazard line.

(e) "Low bluff" means a bluff or dune that is 25 feet or less in height measured from the appropriate elevation contour set forth in the definition of erosion hazard line.

(f) "Nonconforming structure" means a permanent structure which does not conform to the required setback distance at the time of designation or which became nonconforming due to erosion or became nonconforming due to a change in the required setback distance.

Permanent structures that are constructed in violation of these rules shall not be considered to be nonconforming structures.

(g) "One hundred-year flood" means a flood that has a l% chance of being equaled or exceeded in any given year.

(h) "Parcel" means a continuous area or acreage of land that is under the same ownership at the time of designation.

(i) "Permanent structure" means any 1 of the following structures that is erected, installed, or moved on a parcel of property:

(i) A residential building.

(ii) A commercial building.

(iii) An industrial building.

(iv) An institutional building.

(v) A mobile home.

(vi) Accessory and related buildings.

(vii) A swimming pool or deck that has a roof or walls.

(viii) Septic systems.

(ix) Tile fields.

(x) Other waste-handling facilities.A permanent structure shall be considered small if it has a foundation size of 3,500 square feet or less and less than 5 individual living units. All other permanent structures shall be considered large. "Permanent structure" does not include recreational vehicles, travel trailers, swimming pools, or decks constructed on pilings if the pool or deck does not have a roof or walls. A "Permanent Structure" also does not include separate appurtenant structures which have less than 225 square feet, which are used for picnicking or storing of recreational or lawn equipment, and which are constructed in a manner that facilitates easy removal. The appurtenant structure shall not have a permanent foundation and shall not be used as a residential facility.

(j) "Projected recession distance" means the distance, in feet, determined by the department under R 281.22.

(k) "Readily moveable structure" means a small permanent structure which is designed, sited, and constructed to accomplish relocation at a reasonable cost relative to other structures of the same size and construction. Access to and from the site shall be of sufficient width and acceptable grade to permit the structure to be relocated. New construction and installations shall meet the following criteria to be considered readily moveable structures:

(i) The buildings shall be on pilings, a basement, or crawl space. Except as noted in paragraph (ii) of this subdivision, a slab-on-grade foundation does not meet this criterion.

(ii) Above-grade walls shall be stud wall or whole log construction. Above- grade walls that are constructed of masonry, including stone walls, concrete poured, or concrete block walls do not meet this criterion. Existing permanent structures shall be considered readily moveable structures if the cost of relocation landward of the required setback distance is not more than 25% of the replacement cost of the structure or if the existing structure meets the criteria for new construction in this subdivision. A 1- or 2-car garage which is bolted to a slab foundation and which does not have plumbing or interior walls is a readily moveable structure if it meets the remainder of the requirements specified in this subdivision. Septic systems, tile fields, or other waste-handling facilities are not readily moveable structures.

(l) "Required setback distance" means the least distance a permanent structure can be constructed from the erosion hazard line without a special exception. The required setback distance is calculated using the following criteria:

(i) For low bluffs, the required setback distance shall be at the projected recession distance from the erosion hazard line.

(ii) For high bluffs, the required setback distance is calculated by adding 1.0 to the product of the percentage points of slope over 25% and 0.05 to a maximum of 2.O. The answer is multiplied by the projected recession distance in feet. The following table shows sample calculations using this formula:

Required Setback Percent Slope 1.0 (Percent Slope over 25% x 0.05) Multiplier 25 1.0+ (0 x 0.05) = 1 30 1.0+ (5 x 0.05) = 1.25 35 1.0+ (10 x 0.05) = 1.5 40 1.0+ (15 x 0.05) = 1.75 45 1.0+ (20 x 0.05) = 2.0 The slope of the bluff or dune is measured over a 50-foot distance on the lower portion of the lakeward facing slope of the dune or bluff.

(iii) The required setback distance shall not be greater than the projected recession distance from the top of the lakeward facing slope of a dune or bluff.

(iv) For bluffs and dunes which have slopes of more than 60% and which are more than 100 feet in elevation above the appropriate lake elevation set forth in the definition of erosion hazard line, the required setback distance shall be established not less than 30 feet landward of the lakeward facing slope of the dune or bluff.

(m) "Structure zone" means an area within an environmental area where a permit under this part is not required to engage in the activities specified in R 281.23(6).

(n) "Setback line" means the line which is the required setback distance landward of the erosion hazard line and which is the lakeward limit for the construction of permanent structures without a special exception.

(o) "Substandard parcel" means a lot or parcel of record or a lot or parcel which is described in a land contract or deed that is executed and delivered before the designation of a high-risk erosion area and which does not have adequate depth to provide the required setback distance from the erosion hazard line for a permanent structure. “Substandard Parcel” also means those lots which are legally created after the designation of a high-risk erosion area and which have sufficient depth to meet setback requirements for permanent structures, but which subsequently become substandard due to erosion processes or become substandard due to a change in the required setback distance.

(p) "Wetland-oriented birds" means any of the following:

(i) Waterfowl.

(ii) Shorebirds.

(iii) Gulls.

(iv) Terns.

(v) Herons.

(vi) Rails.

(vii) Bitterns.

(viii) Other birds associated with coastal or wetland areas.

(q) "Wetland-oriented mammals" means any of the following:

(i) Muskrats.

(ii) Mink.

(iii) Beavers.

(iv) Otter.

(v) Other mammals associated with coastal or wetland habitats.

(r) "Zone of active erosion" means the area of the shoreland where the disturbance or loss of soil and substrate has occurred with sufficient frequency to cause unstable slopes or prevent vegetation of the area.

(2) The terms defined in the act have the same meanings when used in these rules.

**History**
- *History: 1979 AC; 1981 AACS; 1992 AACS; 1998-2000 AACS.*

##### **Mich. Admin. Code R 281.22** High-risk erosion areas {#sec-r-281.22 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 281.22}

Rule 2. (1) Not less than 30 days before the designation of a high-risk erosion area, the department shall mail predesignation letters to the affected landowners of record as shown in the last assessment rolls. The letters shall explain that the property is being considered for designation as a high-risk erosion area and shall invite comments from the affected landowners. The department shall schedule a meeting before the designation is made to explain the proposed designation to property owners and local governmental agencies.

(2) The department shall designate a high-risk erosion area upon its finding that recession of the landward edge of the zone of active erosion has been occurring at an average annual rate of 1 foot or more per year, based on a minimum period of 15 years. Similar recession rates along a reach of shoreland shall be grouped and an average calculated for each reach.

The designation shall contain the projected recession distance used to establish the setback line for any future permanent structure. The projected recession distance shall be based on a projected 30-year period of recession for small permanent structures and a projected 60year period for large permanent structures. An additional 15 feet shall be included in the projected recession distance to provide protection from severe short-term erosion losses. This additional 15 feet shall replace, and not be in addition to, the 15 feet previously added due to recession rate variability. If this change results in an increase in the projected recession distance, it shall not be effective until the landowner receives written notice.

(3) In designating a high-risk erosion area, the department shall notify the landowner of record and the local government agency affected thereby. The notice of designation shall be delivered personally or sent, by certified mail, to the landowner of record at the address given in the last assessment roll.

(4) The notice of designation to affected landowners and local governmental agencies shall include all of the following information:

(a) The authority and reasons for the designation of high-risk erosion areas.

(b) A description, graphic or otherwise, of the limits of the high-risk erosion area.

(c) An explanation of any regulatory measures which may be required in the high-risk erosion area and the regulatory role of the local governmental agency.

(d) The procedure by which the designation may be appealed.

(5) The department shall consider additional high-risk erosion areas as may be proposed by local governmental agencies, citizens, or interested groups.

(6) A high-risk erosion area designation may be removed or the projected recession distance may be modified on an individual parcel or parcels upon the presentation of topographic surveys, low-altitude, vertical, aerial photographs, or other documentation which the department can readily use to determine average annual recession rates. Upon department acceptance of the surveys, photographs, or other documentation as accurate, the department will determine an updated recession rate or rates for the affected parcel or parcels. If the updated data results in a modification of the recession rate or rates, consistent with the provisions of subrule (2) of this rule, the projected recession distance shall be modified or the designation shall be removed for the affected area within 60 days. Requests for modification can only be made once every 5 years or upon the sale of the property.

(7) In the absence of an approved local ordinance enacted pursuant to the provisions of sections 7, 8, 9, and 10 of the act, any person or local governmental agency proposing to erect, install, move, or enlarge a permanent structure on a parcel, any portion of which is in a designated high-risk erosion area, shall submit a permit application to the department for its review. The permit application shall contain all of the following information:

(a) A legal description of the property.

(b) A description of the proposed permanent structure.

(c) A sketch of the proposed site which shows the location of the proposed permanent structure in relation to the location of the property lines and prominent features.

(d) The signature and address of the applicant.

(8) A permit application to erect, install, or move a permanent structure in a designated high-risk erosion area shall be approved if the proposed permanent structure meets or exceeds all of the following requirements:

(a) The proposed permanent structure or addition is landward of the setback line.

(b) Small permanent structures that are erected, installed, or moved into the area between the setback line and a distance twice the required setback distance shall be readily moveable structures, except for those small permanent structures located on parcels which do not have access of sufficient width and acceptable grade to allow for relocation.

(c) A permanent structure shall not be erected, installed, or moved lakeward of the setback line in a high-risk erosion area without a special exception, as provided by subrules (9) and (10) of this rule.

(d) The proposed permanent structure meets the requirements of other applicable state laws, including the provisions of Act No. 222 of the Public Acts of 1976, as amended, being S281.651 et seq. of the Michigan Compiled Laws.

(e) Review and approval of the structure design to ensure the building is a readily moveable structure shall be incorporated into the department permit process.

(9) A special exception shall be granted and a portion of the required setback distance waived to erect, install, or move a small readily moveable structure lakeward of the setback line on a substandard parcel if all of the following provisions are complied with:

(a) If a sanitary sewer is not used, the septic system, tile field, or other waste-handling facility shall be located at least as far landward as the lakeward edge of the building.

(b) The readily moveable structure shall be located as far landward of the erosion hazard line as local zoning restrictions allow.

(c) The readily moveable structure shall be designed and constructed in accordance with proper engineering standards and building moving restrictions applicable to the subject area. Review and approval of the design to ensure that the building is a readily moveable structure shall be incorporated into the department permit process.

(d) The readily moveable structure is not less than 30 feet landward of the erosion hazard line and is not located on a lakeward facing slope of 60% or more.

(e) The readily moveable structure meets the requirements of other applicable state laws, including the provisions of Act No. 222 of the Public Acts of 1976, as amended, being S281.651 et seq. of the Michigan Compiled Laws.

(10) If a substandard parcel does not have access to and from the structure site of sufficient width and acceptable grade to erect or move a readily moveable structure, or if the application is for a large permanent structure on a substandard parcel, a special exception shall be granted to utilize a shore protection structure in place of a portion of the required setback distance. The special exception shall be granted only if all of the following provisions are complied with:

(a) If a sanitary sewer is not used, the septic system, tile field, or other waste-handling facility shall be located at least as far landward as the building.

(b) The permanent structure shall be located as far landward of the erosion hazard line as local zoning restrictions allow and shall be located landward of the erosion hazard line.

(c) The shore protection structure shall be designed to meet or exceed a 20-year storm event at the site for small permanent structures and a 50-year storm event at the site for large permanent structures and a professional engineer shall certify that the structure has been designed and will be constructed in accordance with these standards. If the structure is constructed in the waters of the Great Lakes or lies below the ordinary high watermark, a permit pursuant to the provisions of Act No. 247 of the Public Acts of 1955, as amended, being S322.701 et seq. of the Michigan Compiled Laws, shall be obtained for the shore protection structure.

(d) The permanent structure shall be a minimum of 30 feet from the shore protection structure. If the bluff or dune is unstable due to height, slope, wind erosion, or groundwater seepage, the department may require a setback of more than 30 feet or an engineered bluff stabilization plan, or both. In areas of steep slopes, a greater setback may be necessary to provide access for maintenance equipment and a safe building site.

(e) If the application is for a large permanent structure the department shall require compliance with both of the following provisions:

(i) The establishment of an escrow account to maintain the approved shore protection structure or bluff stabilization, or both. The amount required in the escrow account shall be reasonable and based on the project design.

(ii) Notice in the disclosure statement or deed that a portion of the required setback distance has been waived.

(f) The proposed permanent structure meets the requirements of other applicable state laws, including the provisions of Act No. 222 of the Public Acts of 1976, being S281.651 et seq. of the Michigan Compiled Laws.

(11) A special exception shall be granted, and a portion of the required setback distance waived, for the installation of an approved shore protection project if all of the following conditions are met:

(a) A local agency is contractually responsible for the perpetual care of the shore protection structure. The responsibility will be defined in a written agreement between the department and the local agency. The local agency shall agree to perform maintenance or repairs to maintain the integrity of the shore protection. The local agency shall submit to the department a financial plan for maintaining the structure.

(b) The shore protection structure is designed and constructed to meet or exceed a 50-year storm standard. The design and construction shall be certified by a professional engineer.

If the structure is constructed in the waters of the Great Lakes or lies below the ordinary high watermark, a permit pursuant to the provisions of Act No. 247 of the Public Acts of 1955, as amended, being S322.701 et seq. of the Michigan Compiled Laws, shall be obtained for the shore protection structure.

(c) A favorable finding is made by the local agency, with input by the department, that a greater public good exists to support the use of a shore protection structure rather than a natural shoreline in terms of all of the following:

(i) The preservation of fish and wildlife habitat.

(ii) The value to the entire community of a natural shoreline as opposed to the value to the entire community of additional development that is made possible by the shore protection.

(iii) The impact of the loss of sand movement along the shoreline.

(iv) The impact on erosion of land in the immediate area of the shore protection structure.

Before making the finding, the local agency shall hold a public hearing. Notice shall be sent to all riparians within 300 feet of the proposed shore protection structure and to the department.

(d) A favorable finding is made by the department that a greater public good exists to support the use of a shore protection structure rather than a natural shoreline in terms of all of the following:

(i) The preservation of fish and wildlife habitat.

(ii) Protection of the public trust.

(iii) The impact of the loss of sand movement along the shoreline.

(iv) The impact on the erosion of land in the immediate area of the shore protection structure.

(e) There is a minimum of 30 feet from the shore protection to any permanent structure.

If the bluff or dune is unstable due to height, slope, wind erosion, or groundwater seepage, the department may require a setback of more than 30 feet or an engineered bluff or dune stabilization plan, or both. In areas of steep slopes, a greater setback may be necessary to provide access for maintenance equipment and a safe building site. If the parcel has existing permanent structures which are less than 30 feet from the proposed shore protection, there shall be sufficient access to permit the maintenance and repair of the shore protection.

(f) Shore protection is already a common feature of the shoreline lying within 1,000 feet of the proposed shore protection structure.

(12) A permit application to make an addition to an existing permanent structure in a designated high-risk erosion area shall be approved if the addition meets or exceeds the required setback distance.

(13) A permit application to make an addition to an existing readily moveable structure which is not in compliance with the required setback distance of a designated high-risk erosion area shall be approved if all of the following provisions are complied with:

(a) The existing building with the addition will meet the definition of a readily moveable structure.

(b) The proposed addition does not reduce the permanent structure's distance from the erosion hazard line.

(d) On high bluffs, the existing permanent structure and the proposed addition are not less than 30 feet landward of the erosion hazard line.

(14) An application to make an addition to an existing small nonconforming permanent structure which is not a readily moveable structure shall be approved if, at the date of construction, the provisions of either subdivision (a) or (b) of this subrule and the provisions of either subdivision (c) or (d) of this subrule are complied with as follows:

(a) The total of all floor space added shall not exceed 25% of the foundation size of the permanent structure. The foundation size shall be determined as of the time the permanent structure became nonconforming. When the 25% limit on additions has been reached, no further additions can be made for the remaining life of the structure. The addition shall not reduce the permanent structure's distance from the erosion hazard line.

(b) The addition shall meet the definition of a readily moveable structure and the addition shall be on the landward side of the original permanent structure. A permit may only be issued if the property owner, as a condition for permit, agrees to relocate the readily moveable portion of the permanent structure to a location landward of the setback line when so ordered by the department. The department may make such an order only when the foundation of the existing structure is undermined by erosion.

(d) On high bluffs, the existing small permanent structure and the addition are not less than 30 feet landward of the erosion hazard line.

(15) If a nonconforming structure deteriorates or becomes damaged, it may be restored to its condition before the deterioration or damage if the repair cost is not more than 60% of the replacement value. If the cost of restoring the nonconforming structure is more than 60%, but less than 100%, of its replacement value, it may be reconstructed if all of the following conditions are met:

(a) The permanent structure was damaged by a force other than erosion.

(b) The permanent structure, if rebuilt in its existing location, would be not less than 20 feet landward of the erosion hazard line.

(c) The reconstructed building would be a readily moveable structure.If the building is 100% destroyed or declared a total loss for insurance purposes, the requirements for new permanent structures shall apply.

(16) If a permanent structure is relocated, all construction materials, including foundations, shall be removed or properly disposed of as a part of the moving operation.

(17) After the effective date of these rules, the slope and height of the dune or bluff shall not be artificially altered to affect the setback requirement under these rules unless the alteration is in compliance with a permit issued pursuant to the provisions of Act No. 347 of the Public Acts of 1972, as amended, being S281.101 et seq. of the Michigan Compiled Laws, and Act No. 247 of the Public Acts of 1955, as amended, being S322.701 et seq. of the Michigan Compiled Laws, if the alteration or fill extends into the waters of the Great Lakes or below the ordinary high watermark elevation.

(18) Not more than 60 days after receipt of a complete permit application, the department shall send notice of its approval or disapproval to the applicant. The reasons for disapproval shall be stated and sent by certified mail. A permit application which does not require field investigation shall be processed within 20 days.

(19) Approval of a permit does not exempt the applicant from complying with other statutes, ordinances, or rules and regulations.

(20) Any aggrieved party who contests the designation of a high-risk erosion area, the disapproval of a permit application, or the increase in a projected recession distance shall be granted a hearing if a petition is filed with the department not more than 60 days after the designation letter, the notice of disapproval, or the notice of increase in projected recession distance is sent. Such petition shall be sent to the director of the Department of Natural Resources, P.O. Box 30028, Lansing, Michigan 48909. The hearing shall be conducted in accordance with the provisions of Act No. 306 of the Public Acts of 1969, as amended, being S24.201 et seq.of the Michigan Compiled Laws.

(21) The landowner of record and the local governmental agency shall be sent a notice, by certified mail, if the high-risk erosion area designation is removed.

(22) The department shall update shoreland recession studies every 10 years to reflect varying lake levels and changes in erosion rates. Areas of the shoreland having updated long-term recession rates below one foot per year shall have the high-risk erosion area designation removed by the department. The department shall notify affected property owners and local units of government of changes in projected recession distances as a result of updated information. Notifications to property owners shall be sent by certified mail to the address listed in the last tax assessment roll.

(23) If the local unit of government has an approved ordinance enacted pursuant to the provisions of section 7, 8, 9, or 10 of the act, a period of 1 year from notification by the department of any change in setback requirements shall be provided to permit the local unit to amend the ordinance to meet the revised setback requirements.

(24) If the department determines that the requirements set forth in these rules are not being upheld by a local unit of government which has an approved ordinance, the department shall contact the local agency to identify, discuss and attempt to resolve any problems. If the problem cannot be informally resolved, the department shall then notify the community, in writing, of its determination. The notice shall contain the specific reasons why the department believes the local unit of government has not upheld the approved ordinance. The local unit of government shall be provided a period of 60 days to respond to the department. If the department further determines that the local unit of government has not made sufficient changes to its ordinance administration or otherwise explained its actions, the department shall withdraw its approval and resume its high-risk erosion area permitting authority within the jurisdiction.

(25) The setbacks established by the department shall not be construed as limiting local units of government from establishing larger setbacks.

(26) All high-risk erosion area designations in existence on the effective date of these rules shall remain in full force and effect.

**History**
- *History: 1979 AC; 1981 AACS; 1992 AACS.*

##### **Mich. Admin. Code R 281.23** Environmental areas {#sec-r-281.23 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 281.23}

Rule 3. (1) In determining whether an area is necessary for the preservation and maintenance of fish, all of the following uses shall be considered:

(a) Spawning, which is the placement and fertilization of eggs by fish for the propagation of young fish.

(b) Nursery, which is the utilization of an area by young fish as a sheltered habitat in which to feed and grow.

(c) Feeding, which is the process of obtaining and ingesting plant or animal matter necessary for maintaining growth and life functions.

(d) Protection, which is the utilization of an area as escape cover from predators or unsuitable environmental conditions.

(e) Migration, which is a daily or seasonal movement.

(2) In determining whether an area is necessary for the preservation and maintenance of wildlife, all of the following uses by wetland-oriented birds and wetland-oriented mammals shall be considered:

(a) Breeding, which is the process of courting, pairing, and mating.

(b) Nesting, which is the process of laying, incubating, and hatching eggs.

(d) Feeding, which is the process of obtaining and ingesting plant or animal matter necessary for maintaining growth and life functions.

(e) Resting, which is a period of inactivity in the daily routine or seasonal migration.

(3) Not less than 30 days before designation of environmental areas, the department shall mail predesignation letters to affected landowners of record as shown in the last assessment rolls. The letter shall explain that the property is being considered for designation as an environmental area and shall invite comments from the affected landowners. The department shall schedule a meeting before designation to explain the proposed designation to property owners and local governmental agencies.

(4) The department shall designate environmental areas determined to be necessary for the preservation and maintenance of fish or wildlife, or both. The department shall personally deliver the notice of designation or send it by certified mail to the landowner of record at the address given in the last assessment roll and to the local governmental agency.

(5) The notice of designation to affected landowners and local governmental agencies shall include all of the following information:

(a) The authority and reasons for designation of environmental areas.

(b) A description or map of the limits of the environmental area.

(c) An explanation of any regulatory measures that may be required in environmental areas and the regulatory role of the local governmental agency.

(d) The procedure by which the designation may be appealed.

(6) The following shoreland uses in an environmental area require a permit from the department in accordance with these rules or from a local governmental agency under an ordinance approved by the department:

(a) Dredging, filling, grading, or other alterations of the soil.

(b) Alteration of natural drainage, but not including the reasonable care and maintenance of established drainage improvement works. A permit is not required for maintenance of existing dikes.

(c) Alteration of vegetation utilized by fish or wildlife, or both, for the uses covered in subrules (1) and (2) of this rule. A permit may be issued if the department finds that the alteration of vegetation is dependent upon being located in an environmental area, no other feasible and prudent alternatives exist, and that the alteration will not adversely impact essential fish or wildlife habitat. A permit is not required for the following:

(i) The removal of tree branches that threaten existing permanent structures or public safety.

(ii) The pruning of trees that have a diameter at breast height of 3 inches or more for a view of a Great Lake if the area being pruned does not exceed 40 feet in width and 10 feet above ground level.

(iii) Maintenance of previously permitted trails and boardwalks through environmental areas. Maintenance is limited to the trail or boardwalk surface to a height of 10 feet above the ground.

(d) The placement of permanent structures.

(7) Farming of lands within the environmental area is allowed without a permit if all of the following provisions are complied with:

(a) Artificial draining, diking, dredging, or filling is not used.

(b) The natural contour of the land is not altered.

(d) The environmental area is utilized by a person who is engaged in the business of farming, and the land is to be used for the production and harvesting of agricultural products.

(8) The pumping of water into an environmental area is allowed without a permit.

(9) A structure zone that is not more than 12,000 square feet shall be delineated for all parcels of land which are totally included within the boundaries of an environmental area at the time of designation. Structure zones will typically be located adjacent to or in proximity to existing roadways, within upland ridges or previously disturbed areas, and to minimize human disturbance to surrounding fish and wildlife habitat. The structure zone shall be configured to minimize fragmentation of the environmental areas.If a parcel has less than 12,000 square feet of land outside the environmental area, then a structure zone shall be delineated which, in conjunction with the land outside the environmental area, shall total 12,000 square feet. Use of a structure zone is subject to all other statutes, ordinances, and rules and regulations.

(10) The department shall consider additional environmental areas as may be proposed by local governmental agencies, citizens, or interested groups.

(11) In the absence of an approved zoning ordinance enacted under sections 7,8,9, and 10 of the act, any person or local governmental agency proposing one of the uses regulated in subrule (6) of this rule outside the structure zone or proposing a change in the location of a structure zone shall submit to the department a permit application for the proposed use.

The permit application shall contain all of the following:

(a) A legal description of the property.

(b) A drawing of the site with the proposed project clearly shown.

(d) The signature and address of the applicant.

(12) A permit application, as described in subrule (11) of this rule, shall be approved if both of the following conditions are satisfied:

(a) The adverse effects to the uses described in subrules (1) and (2) of this rule are minimal and are mitigated to the maximum extent feasible.

(b) A feasible and prudent alternative to the proposed plan is not available.

(13) Not more than 60 days after receipt of a permit application, the department shall send to the applicant, by certified mail, a notice of its approval or disapproval. In case of disapproval, the department shall state the reasons for disapproval. The department shall process a permit application that does not require field investigation within 20 days.

(14) Approval of a permit does not exempt the applicant from complying with other statutes, ordinances, and rules and regulations.

(15) Any aggrieved party that contests the designation of an environmental area or the disapproval of a permit application shall be granted a hearing if the party files a petition with the department not more than 60 days after the designation letter or the notice of disapproval is sent. The party shall send the petition to the director of the Department of Environmental Quality, P.O.BOX 30458, Lansing, Michigan 48909-7958. The department shall conduct the hearing in accordance with sections 71 to 87 of Act No. 306 of the Public Acts of 1969, as amended, being ''24.271 to 24.287 of the Michigan Compiled Laws, and R 299.3071 to R 299.3081 of the Michigan Administrative Code.

(16) The department shall send the landowner of record and the local governmental agency a notice by certified mail if the environmental area designation is removed.

(17) All environmental area designations in existence on the effective date of these rules shall remain in full force and effect.

**History**
- *History: 1979 AC; 1981 AACS; 1998-2000 AACS.*

##### **Mich. Admin. Code R 281.24** Flood risk areas {#sec-r-281.24 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 281.24}

Rule 4. (1) Any area which is within the 100-year floodplain of a Great Lake or a connecting waterway, as identified in any of the approved floodplain delineation studies set forth in this subrule, is designated as a flood risk area. The following floodplain delineation studies are adopted in these rules by reference:

(a) Flood insurance study, city of Algonac, Michigan, St. Clair county, United States department of housing and urban development, federal insurance administration, April, 1977.

(b) Flood insurance study, township of Bangor, Michigan, Bay county, United States department of housing and urban development, federal insurance administration, January, 1979.

(c) Flood insurance study, township of Berlin, Michigan, Monroe county, federal emergency management agency, federal insurance administration, May 3, 1982.

(d) Flood insurance study, charter township of Brownstown, Michigan, Wayne county, federal emergency management agency, federal insurance administration, February 16, 1982.

(e) Flood insurance study, township of Caseville, Michigan, Huron county, United States department of housing and urban development, federal insurance administration, February, 1977.

(f) Flood insurance study, township of Chesterfield, Michigan, Macomb county, United States department of housing and urban development, federal insurance administration, January, 1978.

(g) Flood insurance study, township of Clay, Michigan, St. Clair county, United States department of housing and urban development, federal insurance administration, June, 1978.

(h) Flood insurance study, township of East China, Michigan, St. Clair county, United States department of housing and urban development, federal insurance administration, January, 1978.

(i) Flood insurance study, city of East Tawas, Michigan, Iosco county, United States department of housing and urban development, federal insurance administration, September, 1977.

(j) Flood insurance study, township of Erie, Michigan, Monroe county, United States department of housing and urban development, federal insurance administration, March, 1978.

(k) Flood insurance study, city of Escanaba, Michigan, Delta county, United States department of housing and urban development, federal insurance administration, September, 1977.

(l) Flood insurance study, village of Estral Beach, Michigan, Monroe county, federal emergency management agency, federal insurance administration, May 2, 1983.

(m) Flood insurance study, township of Ford River, Michigan, Delta county, United States department of housing and urban development, federal insurance administration, June, 1977.

(n) Flood insurance study, township of Fort Gratiot, Michigan, St. Clair county, United States department of housing and urban development, federal insurance administration, June, 1978.

(o) Flood insurance study, township of Fraser, Michigan, Bay county, federal emergency management agency, federal insurance administration, September, 1979.

(p) Flood insurance study, township of Frenchtown, Michigan, Monroe county, United States department of housing and urban development, federal insurance administration, March, 1977.

(q) Flood insurance study, city of Gibraltar, Michigan, Wayne county, United States department of housing and urban development, federal insurance administration, December, 1978.

(r) Flood insurance study, city of Gladstone, Michigan, Delta county, United States department of housing and urban development, federal insurance administration, September, 1977.

(s) Flood insurance study, township of Grosse Isle, Michigan, Wayne county, United States department of housing and urban development, federal insurance administration, February, 1980.

(t) Flood insurance study, township of Hampton, Michigan, Bay county, United States department of housing and urban development, federal insurance administration, February, 1978.

(u) Flood insurance study, city of Harbor Springs, Michigan, Emmet county, United States department of housing and urban development, federal insurance administration, November, 1976.

(v) Flood insurance study, township of Harrison, Michigan, Macomb county, federal emergency management agency, federal insurance administration, November 5, 1980.

(w) Flood insurance study, township of Ira, Michigan, St. Clair county, United States department of housing and urban development, federal insurance administration, September, 1979.

(x) Flood insurance study, township of Kawkawlin, Michigan, Bay county, United States department of housing and urban development, federal insurance administration, August, 1978.

(y) Flood insurance study, township of LaSalle, Michigan, Monroe county, United States department of housing and urban development, federal insurance administration, August, 1977.

(z) Flood insurance study, city of Luna Pier, Michigan, Monroe county, federal emergency management agency, federal insurance administration, December 1, 1981.

(aa) Flood insurance study, city of Monroe, Michigan, Monroe county, United States department of housing and urban development, federal insurance administration, December, 1976.

(bb) Flood insurance study, township of Monroe, Michigan, Monroe county, United States department of housing and urban development, federal insurance administration, June, 1977.

(cc) Flood insurance study, city of Muskegon, Michigan, Muskegon county, United States department of housing and urban development, federal insurance administration, December, 1976.

(dd) Flood insurance study, township of Muskegon, Michigan, Muskegon county, United States department of housing and urban development, federal insurance administration, August, 1977.

(ee) Flood insurance study, city of New Baltimore, Michigan, Macomb county, United States department of housing and urban development, federal insurance administration, March, 1978.

(ff) Flood insurance study, city of North Muskegon, Michigan, Muskegon county, United States department of housing and urban development, federal insurance administration, November, 1976.

(gg) Flood insurance study, city of Norton Shores, Michigan, Muskegon county, United States department of housing and urban development, federal insurance administration, September, 1977.

(hh) Flood insurance study, township of Pinconning, Michigan, Bay county, United States department of housing and urban development, federal insurance administration, March, 1978.

(ii) Flood insurance study, city of St. Clair, Michigan, St. Clair county, United States department of housing and urban development, federal insurance administration, December, 1977.

(jj) Flood insurance study, township of St. Clair, Michigan, St. Clair county, United States department of housing and urban development, federal insurance administration, February, 1978.

(kk) Flood insurance study, city of St. Clair Shores, Michigan, Macomb county, United States department of housing and urban development, federal insurance administration, February, 1978.

(ll) Flood insurance study, township of Sims, Michigan, Arenac county, United States department of housing and urban development, federal insurance administration, December, 1977.

(mm) Flood insurance study, village of Suttons Bay, Michigan, Leelanau county, United States department of housing and urban development, federal insurance administration, December, 1976.

(nn) Flood insurance study, township of Wisner, Michigan, Tuscola county, United States department of housing and urban development, federal insurance administration, November, 1977.

(oo) Flood insurance study, city of Wyandotte, Michigan, Wayne county, United States department of housing and urban development, federal insurance administration, November, 1977.

(2) The documents adopted in this rule are available from the Federal Insurance Administration, Federal Emergency Management Agency, 175 West Jackson Boulevard, Chicago, Illinois 60604, at a cost at the time of adoption of these rules of $5.00 each; the Michigan Department of Natural Resources, Land and Water Management Division, P.O.

Box 30028, Lansing, Michigan 48909, at no charge; and the local unit of government.

(3) The department may designate additional flood risk areas which are located within the 100-year floodplain of a Great Lake or a connecting waterway. The following information and studies may be used in delineating the flood risk areas:

(a) Current floodplain information reports by the United States army, corps of engineers.

(b) Report on Great Lakes open-coast flood levels by the United States army, corps of engineers.

(c) Current flood hazard analysis studies by the United States department of housing and urban development, federal insurance administration.

(d) Current flood hazard analysis studies by the United States soil conservation service.

(e) Engineering studies currently acceptable to the department.

(4) If the studies listed in subrule (3) of this rule are used to determine the flood risk area, all of the following procedures for designation shall be used:

(a) Not less than 30 days before designation of a flood risk area, the department shall mail predesignation letters to the affected landowners of record as shown in the last assessment roll. The letter shall explain that the property is being considered for designation as a flood risk area. The department shall schedule a meeting before designation to explain the proposed designation to property owners and local governmental agencies.

(b) The department shall designate a flood risk area upon its finding that the property lies within the 100-year floodplain of a Great Lake or a connecting waterway.

(c) In designating a flood risk area, the department shall notify the landowner of record and the local governmental agency affected thereby. The notice of designation shall be delivered personally or sent by certified mail to the landowner of record at the address given in the last assessment roll.

(d) The notice of designation to affected landowners and local governmental agencies shall include all of the following information:

(i) The authority and reasons for designation of flood risk areas.

(ii) A description, graphic or otherwise, of the limits of the flood risk area.

(iii) An explanation of any regulatory measures which may be required in the flood risk area and the regulatory role of the local governmental agency.

(iv) The procedure by which the designation may be appealed.

(5) The department shall consider additional flood risk areas as may be proposed by local governmental agencies, citizens, or interested groups.

(6) In the absence of an approved local ordinance enacted pursuant to the provisions of sections 7, 8, 9, and 10 of the act or other approved ordinance which meets or exceeds the requirements in these rules, a person or local governmental agency proposing a new permanent structure or an enlargement of an existing permanent structure on a parcel, any portion of which is in a designated flood risk area, shall submit a permit application to the department for its review. The permit application shall contain all of the following information:

(a) A legal description of the property.

(b) A description of the proposed permanent structure.

(c) An elevation survey of the building site by a professional engineer or registered land surveyor that shows both of the following:

(i) A temporary bench mark which is within 100 feet of the proposed construction and which states the elevation of the bench mark in relation to the national geodetic vertical datum.

(ii) The proposed elevation of the lowest structural member which supports the floor, including the basement, but excluding all of the following:

(A) The footing.

(B) Pile caps.

(D) Nonstructural slabs.

(E) Girders.

(F) Grade beams.

(d) The means to be undertaken to prevent property loss.

(e) The signature and address of the applicant.

(7) A permit application for a new permanent structure on a parcel, any portion of which is in a designated flood risk area, shall be approved if it meets or exceeds the minimum requirements established in subrule (10) or (11) of this rule.

(8) Not more than 60 days after receipt of a permit application, the department shall send a notice of its approval or disapproval to the applicant. The reasons for disapproval shall be stated and sent by certified mail. A permit application which does not require a field investigation shall be processed within 20 days.

(9) Approval of a permit does not exempt the applicant from complying with other statutes, ordinances, or rules and regulations.

(10) New residential structures in a flood risk area shall be elevated so that the lowest portion of all horizontal structural members which support floors, excluding footings, pile caps, piling, nonstructural slabs, girders, and grade beams, is located at or above the 100year flood elevation. All basement floor surfaces shall be located at or above the 100-year flood elevation. New and replacement electrical wiring and equipment and heating, ventilating, air conditioning, and other service facilities shall be either placed above the 100-year flood elevation or be protected so as to prevent water from entering or accumulating within the system components during floods up to the 100-year elevation.

Duct insulation subject to water damage shall not be installed below the 100-year elevation.

(11) New nonresidential structures in a flood risk area shall be in compliance with either of the following requirements:

(a) Meet the requirements of new residential structures as provided for in subrule (10) of this rule.

(b) Together with attendant utility and sanitary facilities, be certified by a professional engineer or architect to have been designed so that, below the elevation defining the flood risk area, the structure is watertight and able to withstand hydrostatic pressures from a water level equal to the elevation defining the flood risk area. All floor and wall penetrations for plumbing, mechanical, and electrical systems shall be made watertight to prevent flood water seepage or shall be provided with shutoff valves or closure devices to prevent backwater flow during flooding.

(12) An existing structure which is not in conformity with the elevation requirements of a designated flood risk area shall not be altered, enlarged, or otherwise extended in a manner that increases its nonconformity. If a nonconforming structure deteriorates or becomes damaged, it may be restored to its condition before the deterioration or damage if the repair costs are not more than 60% of the replacement value of the structure in any 12month period. If, in any 12-month period, the cost of restoring the nonconforming structure is more than 60% of its replacement value, the requirements for new permanent structures shall apply.

(13) Any aggrieved party who contests the designation of a flood risk area under subrule (4) of this rule or the disapproval of a permit application shall be granted a hearing if a petition is filed with the department not more than 60 days after the notice of designation or notice of disapproval is sent. Such petition shall be sent to the director of the Department of Natural Resources, P.O. Box 30028, Lansing, Michigan 48909. The hearing shall be conducted in accordance with the provisions of Act No. 306 of the Public Acts of 1969, as amended, being S24.201 et seq. of the Michigan Compiled Laws.

(14) If the local unit of government has an approved ordinance enacted pursuant to the provisions of section 7, 8, 9, or 10 of the act or other approved ordinance, the department shall provide a period of 1 year from the date of notification to allow the local unit of government to adopt standards which equal or exceed the requirements in these rules.

(15) If the department determines that the requirements set forth in these rules are not being upheld by a local unit of government which has an approved ordinance, the department shall contact the local agency to identify, discuss, and attempt to resolve any problems. If the problem cannot be informally resolved, the department shall then notify the community, in writing, of its determination. The notice shall contain the specific reasons why the department believes the local unit of government has not upheld the approved ordinance. The local unit of government shall be provided a period of 60 days to respond to the department. If the department further determines that the local unit of government has not made sufficient changes to its ordinance administration or otherwise explained its actions, the department shall withdraw its approval and assume its flood risk area permitting authority within the jurisdiction.

(16) The landowner of record and the local governmental agency shall be sent a notice by certified mail if the flood risk area designation is removed.

(17) All flood risk area designations in existence on the effective date of these rules shall remain in full force and effect.

**History**
- *History: 1979 AC; 1981 AACS; 1992 AACS.*

##### **Mich. Admin. Code R 281.26** Rescission {#sec-r-281.26 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 281.26}

Rule 6. R 281.1 to R 281.19 of the Michigan Administrative Code, appearing on pages 7129 to 7132 of the 1974 Annual Supplement to the Code and pages 6 to 8 of Quarterly Supplement No. 87 to the Code, are rescinded.

**History**
- *History: 1979 AC.*

## **Oil, Gas and Minerals Division** Oil, Gas and Minerals Division

### **R 281.401 to R 281.413** Sand Dunes Areas

##### **Mich. Admin. Code R 281.401** Lincoln--Lake--Chikaming sand dune area; Berrien county {#sec-r-281.401 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 281.401}

DEPARTMENT OF ENVIRONMENTAL QUALITY

GEOLOGICAL SURVEY DIVISION

SAND DUNE AREAS

(By authority conferred on the commission of natural resources by section 13 of Act No. 222 of the Public Acts of 1976, being S281.663 of the Michigan Compiled Laws)

Rule 1. The following described area is designated as a sand dune area under the designation of the Lincoln--Lake--Chikaming sand dune area:Northwest fractional 1/4 of southeast fractional 1/4, southwest fractional 1/4 of southeast fractional 1/4, section 9; west 3/4 fractional section 16; entire sections 17 and 20; northwest 1/4, west 1/2 of southwest 1/4, section 21; west 1/4, section 28; entire sections 29, 30, 31, and 32, T5S, R19W; entire sections 5, 6, and 7; west 3/4, section 8; west 1/2 of northeast 1/4, west 1/2, section 17; entire section 18, west 1/2 of northeast 1/4, west fractional 1/2, fractional section 19; northeast 1/4 of northwest fractional 1/4, west fractional 1/2 of northwest fractional 1/4, fractional section 30, T6S, R19W; entire sections 12, 13, 24, 25, 26, 34, and 35; northwest 1/4 of northeast 1/4, northwest 1/4, northwest 1/4 of southwest 1/4, section 36, T6S, R20W; north fractional 1/2 of northeast fractional 1/4, southwest 1/4 of northeast fractional 1/4, northwest fractional 1/4, north 1/2 of southwest 1/4, southwest 1/4 of southwest 1/4, fractional section 2; entire fractional sections 3, and 9; north 1/2 of northeast 1/4, southwest 1/4 of northeast 1/4, northwest 1/4, west 1/2 of southwest 1/4, section 10; northwest 1/4 of northwest 1/4, section 11; northwest of northeast 1/4, north fractional 1/2 of northwest fractional 1/4, fractional section 16; northeast fractional 1/4 of northeast fractional 1/4, fractional section 17, T7S, R20W, Berrien county.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 281.402** South Haven--Covert--Hagar sand dune area; Van Buren and Berrien counties {#sec-r-281.402 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 281.402}

Rule 2. The following described area is designated as a sand dune area under the designation of the South Haven--Covert--Hagar sand dune area:South fractional 1/2 of north fractional 1/2, south fractional 1/2, fractional section 21; south 3/4 section 22; west 1/2 of southwest 1/4, section 23; west 1/2 of northwest 1/4, northwest 1/4 of southwest 1/4, section 26; north 1/2, southwest 1/4, north 1/2 of southeast 1/4, section 27; entire sections 28, 29, 32, and 33; southwest 1/4 of northeast 1/4, west 1/2, section 34, T1S, R17W; northeast fractional 1/4 of northwest fractional 1/4, fractional section 3; entire sections 4, 5, 7, and 8; north 1/2 of northeast 1/4, southwest 1/4 of northeast 1/4, west 1/2, northwest 1/4 of southeast 1/4, section 9; northwest 1/4, north 1/2 of southwest 1/4, section 16; entire sections 17, 18, and 19; entire section 20 except southeast 1/4 of southeast 1/4; west 1/2, section 29; entire section 30; east 1/2 of northeast 1/4 and west 3/4, section 31, T2S, R17W; entire sections 24, 25, 35, and 36, T2S, R18W, Van Buren county.

Entire section 1 except east 1/2 of southeast 1/4; entire sections 2, and 10; northeast fractional 1/4, west fractional 1/2 and northwest 1/4 of southeast 1/4, fractional section 11; north 1/2 of northwest 1/4, section 14; northeast fractional 1/4 of northeast fractional 1/4, west fractional 1/2 of northeast fractional 1/4 and northwest fractional 1/4, fractional section 15, T3S, R18W, Berrien county.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 281.403** Park--Laketown--Saugatuck sand dune area; Ottawa and Allegan counties {#sec-r-281.403 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 281.403}

Rule 3. The following described area is designated as a sand dune area under the designation of the Park--Laketown--Saugatuck sand dune area:West 1/2 of southwest 1/4, section 14; south 1/2, section 15; south 1/2, section 16; entire sections 21, and 22; west 1/4, section 23; west 1/2 of northwest 1/4, section 26; north 40 acres of Government Lot 1, northwest 1/4, Government Lots 3, 4 and west 1/2 of southwest 1/4, section 27; entire sections 28, 33, and 34; west fractional 1/2 of southwest fractional 1/4, section 35, T5N, R16W, Ottawa county. West 1/4, section 2; entire sections 3, 4, 9, and 10; west 1/4, section 11; west 1/4, section 14; entire sections 15, 16, 21, and 22; west 1/4, section 23; west 1/2 of northwest 1/4 and northwest 1/4 of southwest 1/4, section 26; entire sections 27, 28, 33, and 34, T4N, R16W; entire section 3 except east 1/2 of southeast 1/4; entire sections 4, 5, and 8; Government Lots 1, 2, 3, 4, 5, and 6; north fractional 1/2 of northeast 1/4, southwest 1/4 of northeast 1/4, south 1/2 of southeast 1/4 and northwest 1/4 of southeast 1/4, section 9; west 1/2 of northeast 1/4, north 1/2 of northwest 1/4, southeast 1/4 of northwest 1/4, southwest 1/4 of southwest 1/4, section 10; Government Lots 1, 2, and 3, section 15; entire section 16 except southwest 1/4 of southwest 1/4; entire section 17 except southeast 1/4 of southeast 1/4, Government Lots 1, 2, and 3, section 20; north 1/2 of northeast 1/4, southeast 1/4 of northeast 1/4, northeast 1/4 of northwest 1/4, section 21, T3N, R16W, Allegan county.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 281.404** Laketon--Fruitport--Spring Lake--Grand Haven sand dune area; {#sec-r-281.404 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 281.404}

Muskegon and Ottawa counties.

Rule 4. The following described area is designated as a sand dune area under the designation of the Laketon--Fruitport--Spring Lake--Grand Haven sand dune area:

Southeast 1/4 of southeast 1/4, Government Lot 10, section 6; entire sections 7, and 8; entire section 9 except east 1/2 of northeast 1/4; entire section 16 except southeast 1/4 of southeast 1/4; entire section 21 except Government Lot 1; entire sections 17, 20, 28, 33, and 34; Government Lots 2, 3, and 4, south 1/2 of southwest 1/4, southeast 1/4, section 35, T10N, R17W; west 1/2 of northwest 1/4, west 1/2 of southwest 1/4, southeast 1/4 of southwest 1/4, section 1; entire sections 2, 3, 10, and 11; southwest 1/4 of northeast 1/4,northwest 1/4, west 1/2 of southwest 1/4, northeast 1/4 of southwest 1/4, Government Lot 3, northwest 1/4 of southeast 1/4, section 12; entire sections 13, 14, 23, 24, 25, 26, and 36, T9N, R17W; southwest fractional 1/4 of northwest fractional 1/4, west fractional 1/2 of southwest fractional 1/4, southeast 1/4 of southwest fractional 1/4, section 18; southwest 1/4 of northeast 1/4, northwest fractional 1/4, southwest fractional 1/4, west 1/2 of southeast 1/4, section 19; west 1/2 of southwest 1/4, section 29; entire fractional sections 30, and 31; Government Lot 1, section 32, T9N, R16W, Muskegon county.

Entire section 1, T8N, R17W; entire section 5 except east 1/2 of northeast 1/4; entire sections 6, 7, and 8; southwest 1/4 of northwest 1/4, west 1/2 of southwest 1/4, section 9; northwest 1/4, section 16; entire sections 17, 18, 19, and 20; Government Lot 12, southwest 1/4, west 1/2 of southeast 1/4, section 21; entire section 28 except northeast 1/4 of northeast 1/4; entire sections 29, 32, and 33; southwest 1/4 of northwest 1/4, west 1/2 of southwest 1/4, section 34, T8N, R16W; west 1/2 of northwest 1/4, southwest 1/4, section 3; entire sections 4, 5, 8, and 9; west 1/2, southwest 1/4 of southeast 1/4, section 10; west 3/4, section 15; entire sections 16, 17, and 20; entire section 21 except southeast 1/4 of southeast 1/4; northwest 1/4 of northeast 1/4, northwest 1/4, north 1/2 of southwest 1/4, section 22; northeast 1/4 of northwest 1/4, Government Lots 1 and 2, section 28, T79, R16W, Ottawa county.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 281.405** Golden--Benona--Claybanks sand dune area; Oceana county {#sec-r-281.405 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 281.405}

Rule 5. The following described area is designated as a sand dune area under the designation of the Golden--Benona--Claybanks sand dune area:Government Lot 3, section 5; entire section 7; west 1/2 of northeast 1/4, Government Lots 1, 2, and 3, southwest 1/4 of southwest 1/4, east 1/2 of southwest 1/4, west 1/2 of southeast 1/4, section 8; entire sections 17, 18, and 19; north 1/2, Government Lots 1 and 2, northeast 1/4 of southwest 1/4, northwest 1/4 of southeast 1/4, section 20; west 1/2, section 30; north 1/2 of Government Lot 4, section 31, T15N, R18W; entire sections 13, 24, 25, 26, and 35; entire section 36 except east 1/2 of southeast 1/4, T15N, R19W; west 1/2 of northeast 1/4, northwest 1/4, north 1/2 of southwest 1/4, southwest 1/4 of southwest 1/4, section 1; entire sections 2 and 11; northwest 1/4 of northwest 1/4, south 1/2 of northwest 1/4, southwest 1/4, southwest 1/4 of southeast 1/4, section 12; entire section 13 except east 1/2 of northeast 1/4; entire sections 24 and 25, T14N, R19W; southwest 1/4 of northwest 1/4, west 1/2 of southwest 1/4, southeast 1/4 of southwest 1/4, section 19; entire section 30 except northeast 1/4 of northeast 1/4; entire section 31; southwest 1/4 of northwest 1/4, Government Lots 3 and 4, section 32, T14N, R18W; Government Lots 2, 3, and 4, southwest 1/4, west 1/2 of southeast 1/4, section 5; entire section 6; west 1/2 of northeast 1/4, Government Lots 1, 2, and 3, northwest 1/4 of southeast 1/4 section 8, T13N, R18W, Oceana county.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 281.406** Grant--Hamlin--Pere Marquette sand dune area; Mason county {#sec-r-281.406 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 281.406}

Rule 6. The following described area is designated as a sand dune area under the designation of the Grant--Hamlin--Pere Marquette sand dune area: South 1/4, section 13; entire sections 14, 23, and 24; entire section 25 except southeast 1/4 of southeast 1/4; entire sections 26, 27, 28, 32, 33, and 34; entire section 35 except southeast 1/4 of southeast 1/4, north 1/2 of northwest 1/4, southwest 1/4 of northwest 1/4, section 36, T20N, R18W, Government Lot 1, section 2; Government Lots 1, 2, 3, 4, and 5, section 3; north fractional 1/2, Government Lots 1, 2, and 3, northwest 1/4 of southwest 1/4, section 4; entire sections 5, 6, 7, 8, 9, 17, 18, 19, 20, and 21; northwest fractional 1/4 of northwest fractional 1/4, south 1/2 of northwest fractional 1/4, southwest 1/4, southwest 1/4 of southeast 1/4, section 27; entire sections 28, 29, 30, 32, and 33; northwest 1/4 of northeast 1/4, south 1/2 of northeast 1/4, northwest 1/4, northwest 1/4 of southwest 1/4, southeast 1/4 of southeast 1/4, north 1/2 of southeast 1/4, section 34; southwest 1/4 of southwest 1/4 section 35, T19N, R18W; northwest 1/4 of northwest 1/4, section 2; northeast 1/4 of northeast 1/4, Government Lot 1, south 13.8 acres of Government Lot 2, section 3; entire sections 4, and 9; Government Lots 2 and 3, southwest 1/4 of northwest 1/4, section 10, T18N, R18W, Mason county.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 281.407** Hendricks--Moran sand dune area; Mackinac county {#sec-r-281.407 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 281.407}

Rule 7. The following described area is designated as a sand dune area under the designation of the Hendricks--Moran sand dune area: Southeast 1/4 of southeast 1/4, section 25; east 1/4, section 36, T43N, R8W; south 1/2 of southwest 1/4, section 27; south 1/4, section 28; south 1/4, section 29; south 1/4, section 30; entire sections 31, 32, 33, and 34; southwest 1/4 of northwest 1/4, southwest 1/4, northwest 1/4 of southeast 1/4, south 1/2 of southeast 1/4, section 35; south 1/2 of southwest 1/4, southwest 1/4 of southeast 1/4, section 36, T43N, R7W; entire sections 1, 2, 3, 4, and 5; northeast 1/4, Government Lot 1, section 6; entire sections 7, 8, 9, 10, 11, 12, and 13, T42N, R7W; southwest 1/4 of southwest 1/4, section 5; south 1/2 of northwest 1/4, southwest 1/4, northwest 1/4 of southeast 1/4, south 1/2 of southeast 1/4, section 6; entire section 7; entire section 8 except north 1/2 of northeast 1/4; southwest 1/4 of northwest 1/4, south 1/2, section 9; southwest 1/4, south 1/2 of southeast 1/4, section 10; southwest 1/4 of southwest 1/4, section 11; southwest of northwest 1/4, southwest 1/4, southwest 1/4 of southeast 1/4, section 13; entire section 14 except north 1/2 of northeast 1/4; entire sections 15, 16, 17, 18, 19, 20, 21, 22, and 23; entire section 24 except east 1/2 of northeast 1/4; entire sections 25, 26, and 36, T42N, R6W; Government Lots 3, 4, and 5, west fractional 1/2 of northwest fractional 1/4, southwest fractional 1/4 of southwest fractional 1/4, section 19; entire sections 30, 31, 32, and 33, T42N, R5W; entire sections 3, 4, 5, 6, 8, and 10; southwest 1/4 of southeast 1/4, of southeast 1/4, section 11; entire sections 14, 15, 16, and 22; north 1/2, north 1/2 of southwest 1/4, southwest 1/4 of southwest 1/4, north 40 acres of Government Lot 1, north 40 acres of Government Lot 2, Government Lot 3, section 23; entire sections 26 and 27, T41N, R5W, Mackinac county.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 281.408** Grand Haven--Port Sheldon--Park sand dune area; Ottawa county {#sec-r-281.408 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 281.408}

Rule 8. The following described area is designated as a sand dune area under the designation of the Grand Haven--Port Sheldon--Park sand dune area: West fractional 1/2 of northwest fractional 1/4, west 1/2 of southwest 1/4, fractional section 2; entire fractional sections 3, 4, and 9; entire section 10; west 1/2 of northwest 1/4, west 1/2 of southwest 1/4, section 11; northwest 1/4 of northwest 1/4, section 14; section 15; north 1/4 of fractional section 16, T5N, R16W; entire fractional sections 3, 4, 9, and 10; southwest 1/4 of southwest 1/4, section 11; west 1/2 of northwest 1/4, west 1/2 of southwest 1/4, section 14; entire fractional sections 15, 16, 21, and section 22; west 1/2 of northwest 1/4, west 1/2 of southwest 1/4, section 23; west 1/2 of northwest 1/4, west 1/2 of southwest 1/4, section 26; entire section 27; entire fractional sections 28 and 33; entire section 34; west 1/2 of northwest 1/4, west 1/2 of southwest 1/4, section 35, T6N, R16W; southwest 1/4 of southwest 1/4, section 27; southwest fractional 1/4, south 1/2 of southeast 1/4, fractional section 28; entire fractional section 33; northwest 1/4, west 1/2 of northwest 1/4, southwest 1/4, southeast 1/4, section 34, T7N, R16W, Ottawa county.

**History**
- *History: 1981 AACS.*

##### **Mich. Admin. Code R 281.409** Pentwater--Summit sand dune area; Oceana and Mason counties {#sec-r-281.409 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 281.409}

Rule 9. The following described area is designated as a sand dune area under the designation of the Pentwater--Summit sand dune area: West 3/4 of fractional section 1; entire sections 2 and 11; west 1/2, southeast 1/4, west 1/2 of northeast 1/4 of section 12; north 1/4 of section 13; north 1/2 of northeast 1/4, southwest 1/4 of northeast 1/4, east 1/2 of northwest 1/4, government lots 1, 2, 3, and 4, northeast 1/4 of southwest 1/4, northwest 1/4 of southeast 1/4, section 14; entire sections 15 and 22; government lots 1, 3, and 4, west 1/2 of southwest 1/4, southeast 1/4 of southwest 1/4, section 23; northwest 1/4 of northwest 1/4 of section 26; entire section 27; government lot 1 section 33; northwest 1/4 of northeast 1/4, northwest 1/4, section 34, T16S, R18W, Oceana county.

West fractional 1/4 of section 30, T17N, R17W; northwest 1/4 of northeast 1/4, south 1/2 of northeast 1/4, government lots 1, 2, 3, and 4, southeast 1/4, section 23; south 1/2 of northeast 1/4, south 1/2, section 24; entire sections 25, 26, 35, and 36, T17N, R18W, Mason county.

**History**
- *History: 1981 AACS.*

##### **Mich. Admin. Code R 281.410** Onekama--Manistee sand dune area; Manistee county {#sec-r-281.410 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 281.410}

Rule 10. The following described area is designated as a sand dune area under the designation of the Onekama--Manistee sand dune area: Northwest fractional 1/4 of northwest fractional 1/4, fractional section 3; north fractional 1/2 of northeast fractional 1/4, southeast 1/4 of northeast fractional 1/4, north fractional 1/2 of northwest fractional 1/4, southeast 1/4 of northwest fractional 1/4, fractional section 4; entire section 5; entire section 7; east 1/2 of northeast 1/4, southwest 1/4 of northeast 1/4, government lots 1 and 2, south 1/2 of northwest 1/4, southwest 1/4, north 1/2 of southeast 1/4, section 8; northwest 1/4 of southwest 1/4, section 9; northwest 1/4, north 1/2 of southwest 1/4, government lots 1 and 2, section 17; entire section 18; government lots 1, 2, 3, and 4, section 19, T22N, R16W; northeast fractional 1/4, government lot 1, section 24, T22N, R17W; west 1/2 of southwest 1/4, section 14; south 1/2 of northeast 1/4, south 1/2 of northwest 1/4, northwest 1/4 of northwest 1/4, southwest 1/4, southeast 1/4, section 15; entire fractional section 16; entire section 21; northwest 1/4, northwest 1/4, government lot 1, north 1,320 feet of government lot 2, and north 1,320 feet of government lot 3, northeast 1/4 of southeast 1/4, section 22; west 1/2 of northwest 1/4, section 23; entire fractional section 27; entire fractional sections 28 and 32; entire section 33; government lots 1, 2, and 3, southwest 1/4 of southwest 1/4, section 34, T23N, R16W;

Manistee county.

**History**
- *History: 1981 AACS.*

##### **Mich. Admin. Code R 281.411** Sleeping Bear Dunes sand dune area; Benzie and Leelanau counties {#sec-r-281.411 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 281.411}

Rule 11. The following described area is designated as a sand dune area under the designation of the Sleeping Bear Dunes sand dune area: South 1/2 of northeast 1/4, northwest fractional 1/4 of northwest fractional 1/4, south 1/2 of northwest fractional 1/4, southwest 1/4, southwest 1/4 of southeast 1/4, north 1/2 of southeast 1/4, section 2; entire sections 3 and 10; northwest 1/4 of northeast 1/4, south 1/2 of northeast 1/4, northwest 1/4, southwest 1/4 of southeast 1/4, section 11; west 1/2 of northwest 1/4, west 1/2 of southwest 1/4, section 13; entire sections 14, 15, and 22; government lots 1, 2, 3, southeast 1/4 of northeast 1/4, southwest 1/4, southwest 1/4 of southeast 1/4, north 1/2 of southeast 1/4, section 23; west 1/2 of northwest 1/4, section 24; west 1/2, section 26; entire section 27; government lots 1 and 2, east 1/2 of northeast 1/4, section 34; west 1/2 of northwest 1/4, section 35, T25N, R16W; fractional section 3; entire sections 4 and 9; government lot 4, west 1/2 of southwest 1/4, section 15; entire fractional sections 16 and 21; entire section 22; west 1/2 of northwest 1/4, section 23; government lots 1, 5, 6, 7, and 8, section 27; entire fractional sections 28 and 34; government lot 2, except east 1,320 feet, west 1/2 of southwest 1/4, section 35, T26N, R16W; northwest fractional 1/4, southwest fractional 1/4, north 1/2 of southeast 1/4, southwest 1/4 of southeast 1/4, fractional section 7; northeast fractional 1/4, northeast 1/4 of southwest fractional 1/4, west fractional 1/2 of southwest fractional 1/4, section 18; northwest fractional 1/4 of northwest fractional 1/4, fractional section 19, T27N, R14W; government lots 1, 2, 3, and 4, northwest fractional 1/4 of northeast fractional 1/4 of southwest 1/4 of northeast fractional 1/4, west 1/2 of southeast 1/4, fractional section 1; entire sections 11, 12, 13, 14, 19, 20, 21, 22, and 23; northeast 1/4, northwest 1/4, southwest 1/4, north 1/2 of southeast 1/4, southwest 1/4 of southeast 1/4, section 24; north 1/2 of northwest 1/4, north 1,320 feet of government lot 1, section 25; northeast 1/4, northwest 1/4, southwest 1/4, northwest 1/4 of southeast 1/4, section 26; northeast 1/4, northwest 1/4, government lots 2, 3, and 4, section 27; north 1/2 of northeast 1/4, except Mud lake, section 28; north 1/2 of northeast 1/4, southwest 1/4 of northeast 1/4, northwest 1/4, southwest 1/4, section 29; entire fractional section 30; east 1/2 of northeast 1/4, northwest 1/4 of northeast 1/4, north fractional 1/2 of northwest fractional 1/4, government lots 1, 2, 3, and 4, section 31; north 1/2 of northwest 1/4, southwest 1/4 of northwest 1/4, government lot 1, section 32, T27N, R15W; entire sections 25, 26, 27, 33, and 34; northeast 1/4, north 1/2 of northwest 1/4, southeast 1/4 of northwest 1/4, section 35; government lot 1, northwest 1/4 of northeast 1/4, northwest 1/4, southwest 1/4, section 36, T27N, R16W; Benzie county.

Northwest fractional 1/4, fractional section 6; entire fractional section 7; northwest 1/4, southwest 1/4, section 8; northwest 1/4, northwest 1/4, of southwest 1/4, section 17; northeast 1/4, northwest fractional 1/4, southwest fractional 1/4, north 1/2 of southeast 1/4, fractional section 18; south 1/2 of northeast 1/4, northwest fractional 1/4 of northwest fractional 1/4, south fractional 1/2 of northwest fraction 1/4, southwest fractional 1/4, southeast 1/4, fractional section 19; northwest 1/4, southwest 1/4, section 20; north 1/2 of northwest 1/4, southwest 1/4 of northwest 1/4, northwest 1/4 of southwest 1/4, section 29, T28N, R14W; entire sections 1, 12, 13, and 24; northeast 1/4, government lots 1, 2, 3, and 4, east 1/2 of southwest 1/4, southwest 1/4 of southeast 1/4, north 1/2 of southeast 1/4, section 25; west 1/4 of northeast 1/4, east 1/2 of northwest 1/4, government lots 1, 2, 3, and 4, west 1/2 of southeast 1/4, section 36, T28N, R15W; northwest fractional 1/4 of northwest fractional 1/4, fractional section 5; northeast fractional 1/4 of northeast fraction 1/4, 1/2 of northeast fractional 1/4, government lots 1, and 2, south fractional 1/2 of northwest fractional 1/4, southwest fractional 1/4, northwest 1/4 of southeast 1/4, fractional section 6; north fractional 1/2 of northwest fractional 1/4, fractional section 7, T29N, R12W; entire sections 1, 2, 3, and 4; government lots 1, 2, 3, 6, and 7, southeast 1/4 of southeast 1/4, section 5; northeast 1/4, north 1/2 of northwest 1/4, southeast 1/4 of northwest 1/4, government lot 2, northeast 1/4 of southeast 1/4, section 9; northeast 1/4, northwest 1/4, north 1/2 of southwest 1/4, government lots 2 and 3, section 10; entire section 11; northeast 1/4, north 1/2 of northwest 1/4, government lots 1, 2, and 3, northwest 1/4 of southeast 1/4, section 12; northwest fractional 1/4 of northwest 1/4 section 13; government lots 1, 2, 3, northeast 1/4 of southwest 1/4, section 14, T29N, R13W; fractional section 17; entire section 18; entire fractional section 19; entire section 20; government lot 4, section 21; northwest 1/4 of northwest 1/4, south 1/2 of northwest 1/4, west 1,320 feet of government lot 3, west 1/2 of southwest 1/4, northeast 1/4 of southwest 1/4, section 27; entire sections 28 and 29; entire fractional section 30; fractional northeast 1/4, fractional northwest 1/4, fractional southwest 1/4, northwest 1/4 of southeast 1/4, fractional section 31; government lot 1, section 32; northeast 1/4, east 1/2 of northwest 1/4, northwest 1/4 of northwest 1/4, government lots 1, 2, and the north 1,320 feet of government lot 3, northeast 1/4 of southeast 1/4, section 33; northwest 1/4 of northwest 1/4, government lots 1, 2, and 3, section 34, T29N, R14W; entire sections 24, 25, and 36, T29N, R15W; entire section 31; government lot 2, west 1/2 of southwest 1/4, section 32 T30N, R12W; government lots 1, 2, 3, 4, 5, and 6, south 1/2 of northeast 1/4, south 1/2 of northwest 1/4; northeast 1/4 of southwest fractional 1/4, north 1/2 of southeast 1/4, section 31; entire sections 32 and 33, T30N, R13W; government lots 1 and 2, section 36, T30N, R14W; entire fractional section 3; entire section 4; entire fractional sections 5, 6, 7, 8, 9, 10, 11, T30N, R15W; entire fractional sections 26, 27, 28, 29, and 32; entire section 33; entire fractional sections 34 and 35, T31N, R15W; government lot 4, section 3; government lot 1, except west 1,320 feet, government lots 2, 3, and 4, section 10; entire section 15; south 1/2 of southeast 1/4, southwest 1/4, section 16, southwest 1/4 of northeast 1/4, northwest 1/4, northeast 1/4 of southwest 1/4, government lots 1 and 2, southeast 1/4, section 17; entire sections 18, 20, 21, and 22; entire fractional sections 23 and 27; entire section 28, T31N, R14W; government lot 4, west 1/2 of southwest 1/4, section 19; northeast 1/4, west 1/2 of southwest 1/4, section 30; west 1/2 of northwest 1/4, section 31, T32N, R14W; entire fractional sections 24 and 25; east 1/2 of northeast1/4, government lots 1, 2, and 3, northeast 1/4 of southeast 1/4, section 36, T32N, R15W; Leelanau county.

**History**
- *History: 1981 AACS.*

##### **Mich. Admin. Code R 281.412** Leelanau--Leland sand dune area; Leelanau county {#sec-r-281.412 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 281.412}

Rule 12. The following described area is designated as a sand dune area under the designation of the Leelanau--Leland sand dune area: Government lot 4, section 18; northwest fractional 1/4, southwest fractional 1/4, fractional section 19; west fractional 1/2 of northwest fractional 1/4, section 30, T31N, R11W; entire fractional section 13; entire sections 24, 25, 26, and 27; government lots1, 2, 6, and 7, section 34; north 1/2 of northeast 1/4, government lots 1 and 2, section 35; northwest 1/4 of northwest 1/4, section 36, T31N, R12W; government lot 1, section 6; southwest 1/4 of northeast 1/4, east 1/2 of northwest 1/4, government lots 1 and 2, southwest fractional 1/4, west ½ of southeast 1/4, southeast 1/4 of southeast 1/4, fractional section 7; northeast 1/4, northwest fractional 1/4, southwest fractional 1/4, northwest 1/4 of southeast 1/4, section 18; northeast 1/4 of northwest 1/4, government lot 1, section 19, T32N, R10W; entire fractional sections 12, 13, 14, 15, and 16; government lot 1, section 21; east 1/2 of northeast 1/4, section 22; northeast 1/4, government lots 1, 2, and 3, southwest 1/4 of northwest 1/4, north 1/2 of southwest 1/4, section 23; government lots 1 and 2, northwest 1/4, northeast 1/4 of southwest fractional 1/4, fractional section 24, T32N, R11W; Leelanau county.

**History**
- *History: 1981 AACS.*

##### **Mich. Admin. Code R 281.413** Wawatam--Bliss--Cross Village--Readmond said dune area; Emmet county {#sec-r-281.413 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 281.413}

Rule 13. The following described area is designated as a sand dune area under the designation of the Wawatam--Bliss--Cross Village--Readmond sand dune area: Northwest fractional 1/4 of northwest fractional 1/4 of section 3; northeast fractional 1/4 of northeast fractional 1/4, northwest fractional 1/4 of northeast fractional 1/4, southwest 1/4 of northeast fractional 1/4, northwest fractional 1/4, southwest 1/4, northwest 1/4 of southeast 1/4 of section 4; south 1/2 of northeast 1/4, government lots 1, 2, 3, and 4, southwest 1/4, section 5; north 1/2 of northeast 1/4, government lots 1 and 2, section 8; northwest 1/4 of northwest 1/4, section 9, T37N, R6W; entire fractional sections 13, 23, and 24; government lots 1, 2, and 3, northeast 1/4 of northeast 1/4, northwest 1/4, section 25; entire fractional sections 26, 27, 32, and 33; government lots 1, 2, 3, and 4, southeast 1/4 of northeast 1/4, southwest 1/4, north 1/2 of southeast 1/4, section 34; northeast 1/4, northwest 1/4, northeast 1/4 of southwest 1/4, north 1/2 of southeast 1/4, section 35; northwest 1/4 of northeast 1/4, south 1/2 of northeast 1/4, northwest 1/4, north 1/2 of southwest 1/4, north 1/2 of southeast 1/4, section 36, T38N, R6W; northwest fractional 1/4 of northwest fractional 1/4, southwest 1/4 of northwest fractional 1/4, southwest 1/4, section 3; entire fractional sections 4, 5, and 8; north 1/2 of northwest 1/4, southwest 1/4 of northwest 1/4, section 9; north 1/2 of northwest 1/4, southeast 1/4 of northwest 1/4, section 10; northwest 1/4 of northeast 1/4, northwest 1/4, southwest 1/4, section 17; entire fractional sections 18 and 19; southwest 1/4 of northeast 1/4, northwest 1/4, southwest 1/4, northeast 1/4, of southeast 1/4, section 20; government lots 1 and 2, northwest fractional 1/4, section 30; southwest fractional 1/4 of northwest fractional 1/4, section 31, T38N, R5W; entire section 19; government lots 1, 2, 3, and 4, south 1/2 of southeast 1/4, section 20; entire fractional sections 21 and 23; government lots 2 and 3, section 24; west 1/2 of section 25; northeast 1/4, government lots 1 and 2, southeast 1/4 of northwest 1/4, north 1/2 of southwest 1/4, southeast 1/4, section 26; government lots 1, 2, and 3, except south 1,320 feet, northwest 1/4 of southeast 1/4, section 27; government lot 1, section 28; government lots 1 and 2, southwest 1/4 of southeast 1/4, section 29; entire section 30; northwest 1/4 of northeast 1/4, government lots 1, 2, 3, and 4, section 32; southwest 1/4 of northeast 1/4, southwest 1/4, southeast 1/4, section 33; southwest 1/4 of southwest 1/4, section 34;northeast 1/4, northeast 1/4 of southwest 1/4, north 1/2 of southeast 1/4, section 35; northwest 1/4 and north 1/2 of southwest 1/4, section 36, T39N, R5W; government lot 5, section 15; entire section 22; west 1/2 of northeast 1/4, northwest 1/4, northwest 1/4 of southwest 1/4, government lots 1, 2, and 3, section 23; northwest fractional 1/4, section 26; entire fractional section 27, except southwest 1/4 of southwest 1/4, T39N, R4W; Emmet county.

**History**
- *History: 1981 AACS.*

## **Water Resources Division** Water Resources Division

### **R 281.811 to R 281.846** Inland Lakes and Streams

##### **Mich. Admin. Code R 281.811** Definitions {#sec-r-281.811 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 281.811}

DEPARTMENT OF ENVIRONMENTAL QUALITY

WATER RESOURCES DIVISION

INLAND LAKES AND STREAMS

(By authority conferred on the director of the department of environmental quality by section 30110 of Act 1994 PA 451, MCL 324.30110.)

Rule 1. (1) As used in these rules:

(a) "Act" means Act No. 451 of the Public Acts of 1994, as amended, being S324.101 et seq. of the Michigan Compiled Laws.

(b) "Applicant" means a person applying for a permit under the act.

(c) "Bottomland dredging" means dredging of channels and canals and the removal of any rock, stone, soil, or other material from bottomlands.

(d) "Bottomland filling" means the placement of rock, stone, soil, or other material on bottomlands.

(e) "Placement of structures on bottomlands" does not mean the installation of clear span overhead utility wires if they do not restrict navigation for watercraft that typically ply the waterway and if they provide equal or greater clearance than other permanent overhead restrictions in the immediate area or utility lines installed as an integral part of a bridge superstructure and above the elevation of the low beam or utility lines immediately above the top of a culvert.

(f) "Public trust" means all of the following:

(i) The paramount right of the public to navigate and fish in all inland lakes and streams that are navigable.

(ii) The perpetual duty of the state to preserve and protect the public's right to navigate and fish in all inland lakes and streams that are navigable.

(iii) The paramount concern of the public and the protection of the air, water, and other natural resources of this state against pollution, impairment, and destruction.

(iv) The duty of the state to protect the air, water, and other natural resources of this state against pollution, impairment, or destruction.

(g) "Reasonable sanding of beaches to the existing water's edge" means placing a layer of sand which is free of organic or other pollutant materials and which does not shift the location of the existing ordinary high watermark or shoreline contour.

(2) "Riparian rights," as defined in the act, means all the rights accruing to the owners of riparian property, including the following rights, subject to the public trust:

(a) Access to the navigable waters.

(b) Dockage to boatable waters, known as wharfage.

(d) Title to natural accretions.

(3) Terms defined in the act have the same meanings when used in these rules.

**History**
- *History: 1979 AC; 1982 AACS; 1985 AACS; 1998-2000 AACS; 2015 AACS.*

##### **Mich. Admin. Code R 281.812** Permit applications {#sec-r-281.812 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 281.812}

Rule 2. (1) An application for permit shall be made on a form as prescribed and provided by the department. Application forms may be obtained from the land resource programs division of the department of natural resources or from any designated field office of the department.

(2) An application for a permit shall not be deemed as received or filed with the department until all information requested on the application form, the application fee, and any other information requested by the department have been received by the department.

For purposes of determining when the period for granting or denying a permit begins, an application shall not be deemed to be filed with the department until all information requested by the department has been received.

(3) Application fees shall be submitted to the department with the initial submittal of an application form. The fee shall be paid by check, money order, or draft made payable to:

"State of Michigan."

(4) After receipt of an otherwise complete application, the department may request such additional information, environmental assessments, waterway design calculations, records, or documents as are determined to be necessary to make a decision to grant or deny a permit.

(5) An application shall be considered to be withdrawn and the file for the application shall be closed if an applicant fails to respond to any written inquiry or request from the department within 30 days of the request.

(6) An application for a permit to construct or replace a bridge or culvert shall include complete plans and specifications describing the proposed work.

(7) When the proposed project includes activities at multiple locations or numerous lakes or streams, the applicant may submit a preliminary site plan showing the proposed work and all lakes or streams involved. After completing a timely field investigation, the department shall advise the applicant of those activities which require a permit.

(8) An application to construct a new marina or expand the watercraft handling capacity of an existing marina shall include documentation as to how the facility will provide watercraft sanitary holding tank pumpout services as required under section 5 of Act No. 167 of the Public Acts of 1970, as amended, being S323.335 et seq. of the Michigan Compiled Laws.

**History**
- *History: 1979 AC; 1982 AC; 1985 AACS.*

##### **Mich. Admin. Code R 281.813** Permit conditions {#sec-r-281.813 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 281.813}

Rule 3. (1) A permit shall provide that the work authorized in the permit shall be completed within a specified term, normally not more than 1 year from the date of issuance, or as otherwise determined by the department. For long- term projects, the department may authorize a permit for up to 5 years. The department may grant an extension of time. The department shall not require an administrative fee for processing requests for an extension of time.

(2) The department shall ensure that a permit that authorizes a project which involves a lake or stream crossing by pipelines or utilities specifically conditions the activity to be subject to the requirements and specifications of R 281.832.

(3) A permit does not obviate the necessity of receiving approval from the Drinking Water and Radiological Protection Division of the department or a local unit of government when applicable, including a local unit of government responsible for administering parts 91 and 323 of the act and the United States army corps of engineers, where applicable.

(4) The department shall not issue a permit, except for a conditional permit or a permit under a minor project category, until 20 days after the mailing of the list to each eligible subscriber as provided for in section 30105(1) of the act.

(5) Upon request, the department shall provide any person with a copy of a permit application and supporting documents under Act No. 442 of the Public Acts of 1976, as amended, being S15.231 et seq. of the Michigan Compiled Laws.

(6) The department may consider a mitigation plan submitted by the applicant and incorporate the mitigation actions as permit conditions for the improvement of the existing resources or the creation of a new resource to offset resource losses resulting from the proposed project, if acceptable.

(7) The department may reissue a permit for an expired permit without an additional fee if a written request is made within 1 year of the expiration date of the expired permit. The department must find that the basis for issuing the original permit is still valid before reissuing an expired permit.

**History**
- *History: 1979 AC; 1982 AACS; 1985 AACS; 1998-2000 AACS.*

##### **Mich. Admin. Code R 281.814** Environmental assessment {#sec-r-281.814 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 281.814}

Rule 4. In each application for a permit, all existing and potential adverse environmental effects shall be determined and the department shall not issue a permit unless the department determines both of the following:

(a) That the adverse impacts to the public trust, riparian rights, and the environment will be minimal.

(b) That a feasible and prudent alternative is not available.

**History**
- *History: 1979 AC; 1998-2000 AACS.*

##### **Mich. Admin. Code R 281.815** Structure maintenance {#sec-r-281.815 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 281.815}

Rule 5. The following structures may be maintained in accordance with section 30103(j) of the act:

(a) Seawalls, if the repair is only of the seawall facing or sheeting or support piling and if the maintenance does not encompass more than 25% of the permitted seawall length. Cap maintenance or replacement can be done for 100% of permitted seawalls.

(b) Riprap shore protection structures, if original materials have been displaced by erosion or ice damage and the placement of earthen fill will not be required as part of the maintenance and if retrieval of the riprap will not cause disruption of adjacent bottomland.

(d) Boat ramps if the maintenance does not require dredging.

(e) Bridges and culverts, if the maintenance is of an existing in-place structure and does not involve removal of the structure or alteration of the watercourse, streambed, or adjacent banks.

(f) Dams and lake level control structures, if the maintenance will be conducted without drawing down the lake or impoundment and is limited to minor surface repairs; the repair or replacement of stop logs, racks, and gates; or surface stabilization of earthen embankment-type structures where the work is above the existing water surface.

(g) Docks and pilings of a marina that has a current operating permit from the department.

(h) Lake level control structures, if the temporary variance (winter-summer) is established by court order or previously permitted by the department as an impoundment operational variation from the crest elevation if adverse environmental impacts have not occurred.

**History**
- *History: 1982 AACS; 1985 AACS; 1998-2000 AACS.*

##### **Mich. Admin. Code R 281.816** Rescinded {#sec-r-281.816 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 281.816}

**History**
- *History: 1982 AACS; 1985 AACS; 2012 AACS.*

##### **Mich. Admin. Code R 281.817** Minor drainage structures and facilities {#sec-r-281.817 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 281.817}

Rule 7. All of the following structures are minor drainage structures and facilities that do not require a permit under section 30103(f) of the act:

(a) Cross road culverts that serve only to equalize the existing water surfaces at the ends of the culvert.

(b) Cross road culverts constructed to continue the existence of drainage courses other than inland lake and streams.

(c) Roadside ditches which serve to convey storm water runoff from the highway rightof-way and which do not serve as a stream.

(d) Standard appurtenances, including riprap or other shore protection, for storm water runoff facilities, such as manholes, catch basins, headwalls, and outlets from off-line water retention/detention systems.

**History**
- *History: 1982 AACS.*

##### **Mich. Admin. Code R 281.818** Mainstream portions of natural watercourses {#sec-r-281.818 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 281.818}

Rule 8. The following legally established drains are deemed to be mainstream portions of natural watercourses and are not subject to permit exemption pursuant to section 4(g) of the act:

(a) Grand River basin (Jackson county). Point of beginning: The intersection of Liberty and Milwaukee streets in the city of Jackson. Point of ending: The west line of Rives township, Jackson county, 1,165 feet south of the northwest corner of section 7, T1S, R1W.

(b) Rogue River basin (Newaygo and Kent counties).

Point of beginning: At its intersection with the southline of section 2, T10N, R12W, Tyrone township, Kent county.

Point of ending: At Ransom lake in section 12, T11N, R12W, Grant township, Newago county.

Point of beginning: At the junction of the Shiawassee river and the Flint river in section 9, T11N, R4E, James township, Saginaw county.

Point of ending: At a point in mid-channel of said river in section 34, T10N, R3E, Charles township, Saginaw county, approximately 0.2 mile from the south line of the section.

(d) Clinton river drain.

(i) Macomb county Point of beginning: The Market street bridge in the city of Mount Clemens.

Point of ending: The Red Run drain outlet.

(ii) Oakland county Point of beginning: At the intersection with Orchard Lake road on the north line of section 32, T3N, R10E, city of Pontiac.

Point of ending: At the intersection with Auburn road on the east line of section 27, T3N, R10E, city of Pontiac.

(e) Black river drain (Sanilac county).

Point of beginning: At the south line of section 6, T10N, R16E, Lexington township, Sanilac county.

Point of ending: At the north line of section 1, T12N, R14E, Custer township, Sanilac county.

(f) Maple river drain (Gratiot and Shiawassee counties).

Point of beginning: At Highway US-27, section 28, T9N, R2W, Washington township, Gratiot county.

Point of ending: At its upper terminus in section 3, T6N, R3E, Shiawassee township, Shiawassee county.

(g) Little Thornapple river drain (Barry and Ionia counties).

Point of beginning: At the south line (M-43) of section 13, T4N, R8W, Carlton township, Barry county.

Point of ending: At the outlet from Tupper lake where the outlet enters Jordan lake in section 34, T5N, R7W, Odessa township, Ionia county.

(h) Kawkawlin river drain (Bay county).

Point of beginning: Mouth of river on Saginaw bay, in section 33, T15N, R5E, Bangor township, Bay county.

Point of ending: At the intersection with Euclid avenue on the west side of section 5, R14N, R5E, Bangor township, Bay county.

(i) St. Joseph river drain (Hillsdale county).

Point of beginning: At the intersection of the line between sections 8 and 9, T8S, R4W, Camden township, Hillsdale county.

Point of ending: At a point 715 feet southeast of the line between sections 25 and 26, T8S, R4W, Camden township, Hillsdale county.

(j) East Branch of St. Joseph river drain (Hillsdale county).

Point of beginning: At the intersection of the line between sections 33 and 34, T7S, R1W, Pittsford township, Hillsdale county.

Point of ending: At the intersection with the state line.

(k) Pigeon river drain (Huron county).

Point of beginning: At the mouth of the Pigeon River on Saginaw bay in the village of Caseville, including the mouth of the Pigeon river cut-off drain.

Point of ending: At a point 3/4 of a mile south of Kinde road in section 1, T17N, R10E, Caseville township, Huron county.

**History**
- *History: 1982 AACS.*

##### **Mich. Admin. Code R 281.819** Rescinded {#sec-r-281.819 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 281.819}

BRIDGE CONSTRUCTION

**History**
- *History: 1982 AACS; 1985 AACS; 2010 AACS.*

##### **Mich. Admin. Code R 281.821** Conditional permits {#sec-r-281.821 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 281.821}

Rule 11. (1) The department may issue a conditional permit when emergency conditions warrant a project to protect property or the public health, safety, or welfare.

(2) Conditional permits shall be issued only under emergency conditions. Upon a determination by the department that a project would be in the best interest of both the applicant and the public, the department may declare an emergency condition to exist and issue a conditional permit. Physical and economic factors shall be considered in determining whether an emergency condition exists.

(3) Bridge or culvert repairs or replacements may be made under emergency conditions upon submitting an application and receiving a conditional permit. A written report which includes details of the needed emergency repairs shall accompany the application. The department shall give such applications timely response.

**History**
- *History: 1979 AC; 1982 AACS.*

##### **Mich. Admin. Code R 281.822** Rescinded {#sec-r-281.822 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 281.822}

**History**
- *History: 1979 AC; 1982 AACS.*

##### **Mich. Admin. Code R 281.823** Bridge construction procedures {#sec-r-281.823 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 281.823}

Rule 13. (1) Each construction project shall be completed so as to prevent erosion and subsequent damaging siltation of streams or lakes. The area of erodible land exposed to the elements by the grading operations at any one time shall be controlled by the owner's engineer and the duration of such exposure before final trimming, finishing, or maintenance of the area shall be as short as practicable.

(2) Gravel or stone consisting of durable particles of rock and containing only negligible quantities of fines shall be used for construction pads, haul roads, and temporary roads in or across streams.

(3) When required by the department, a sedimentation basin shall be constructed downstream from the work site to trap silt and sediment resulting from construction operations. A detailed sketch of a sedimentation basin is available on request from the department. The collected silt and sediment shall be removed as directed by the owner's engineer and the sedimentation basin shall be removed on completion of the project if directed by the department. If found necessary, the department may assist the owner in the design of a sedimentation basin.

(4) The disturbance of lands and waters that are outside the limits of construction as staked shall be avoided.

(5) The owner shall give written notice 5 days before the start of work.

**History**
- *History: 1979 AC; 1985 AACS.*

##### **Mich. Admin. Code R 281.824** Specifications; bridge and culvert projects {#sec-r-281.824 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 281.824}

Rule 14. (1) The department of transportation standard specifications (1970 or later editions) listed in this rule are necessary for the protection of natural resources. These specifications are intended to cover all construction and related work as it affects natural resources found in and adjacent to work areas.

(2) General coverage in proposal or specifications as follows:

(a) Protection and restoration of property......Sec. 1.07.07 Std. Specs.

(b) Forest protection...........................Sec. 1.07.13 Specs.

(d) Borrow areas................................Sec. 2.08.01 Std. Specs.

(e) Borrow area restoration.....................Supp. Specs.

(f) Channel excavation..........................Sec. 2.09.05 Std. Specs.

(3) The following are additional department of transportation standard specifications covering measures for prevention of erosion and siltation:

(a) Topsoil surface.............................Sec. 6.53 Std. Specs.

(b) Mulching....................................Sec. 6.54 Std. Specs.

(d) Fertilizing.................................Sec. 6.52 Std. Specs.

(e) Riprap (plain-heavy)........................Sec. 6.01 Std. Specs.

(f) Cobble gutter (plain-grouted)...............Sec. 6.03 Std. Specs.

(g) Slope planting..............................Sec. 6.55 Std. Specs.

(h) Dune grass planting.........................Sec. 6.56 Std. Specs.

(i) Sodding.....................................Sec. 6.51 Std. Specs.

(j) Slope protection............................Sec. 6.01 Std. Specs.

(k) Crushed limestone surface...................Supp. Specs.

(l) Paved ditches...............................Supp. Specs.

(m) Rye seeding.................................Sec. 6.52 & Supp. Specs.

(4) The state highway design office has information for the design engineer on control of erosion through sodding; water control by catch basins, downspouts, concrete shoulders, and spillways; borrow restoration, particularly adjacent to highway limits; and seeding, mulching, and plantings. The following standard plans are available:

(a) Special outlet headwalls, etc.................E-4-A-9F.

(b) Sodding, etc..................................E-4-A-10D.

(d) Shoulder gutter and spillway..................E-4-A-128.

PIPELINE AND OTHER UTILITY WATER CROSSING

**History**
- *History: 1979 AC; 1982 AACS.*

##### **Mich. Admin. Code R 281.831** Rescinded {#sec-r-281.831 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 281.831}

**History**
- *History: 1979 AC; 1982 AACS.*

##### **Mich. Admin. Code R 281.832** Pipelines and conduits generally {#sec-r-281.832 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 281.832}

Rule 22. (1) In the planning stages for pipeline and other utility water course crossings, the applicant shall consider and evaluate the economic and environmental feasibility of using existing utility corridors for new installations. Applicants shall also consider and evaluate the economic and environmental feasibility of using directional drilling/boring technology and other available methods to conduct lake and stream crossings. Based on the applicant's evaluations, the applicant shall propose to use corridors and watercourse crossing methods that, with all factors considered, represent the least overall environmental impact while still allowing the project to be completed in a reasonable and cost effective time frame.

(2) The use of directional drilling/boring methods to conduct lake and stream crossings will not be regulated by part 301 of the act if all of the following provisions are satisfied:

(a) A minimum of 10 feet is maintained from the top of the conduit and the bottom of the lake or stream.

(b) The entry and exit points are located far enough away from the lake or stream banks to assure that bank disturbance does not occur.

(c) The drilling or boring sites (pits) are located outside of any applicable natural river designation setback requirements.

(d) The drilling or boring operations will not result in the eruption/release of any drilling fluids up through the ground and into the lake or stream. If, however, the eruptions/releases occur below the ordinary high watermark of the water body, then an after-the-fact permit application shall be submitted with a detailed description of how the crossing was completed, how the eruption was minimized, contained, and cleaned up, and how the site was restored.

(3) As part of the permit application other than as specified in subrule (2) of this rule, an applicant shall submit to the department 5 copies of general construction plans, including, but not limited to, a complete route map that identifies each lake, stream, and wetland crossing, soil erosion control plans, if a soil erosion and sedimentation control permit from the state is required, and an explanation, together with plans and specifications, of the methods to be used to complete all crossings. Before solicitation of bids and acquisition of rightsof-way, a permit applicant may submit an application to the department for review and permit issuance under part 301 of the act.

(4) If either the department or the applicant deem it necessary, a preconstruction meeting shall be held in order to thoroughly acquaint all concerned parties with the measures that must be taken to minimize erosion and siltation and properly protect the natural resources in the project area.

(5) A permittee shall give the department 10 days' written notice before beginning work.

(6) A permittee shall take all necessary steps to prevent damage to fish and game habitat and to preserve the natural resources of the state. A permittee shall carry out excavation so as to minimize the discharge of damaging material into any stream, lake, or reservoir.

(7) A permittee shall complete the work of clearing, scalping, grading, slope erosion protection, ditching, backfilling, and final cleanup within 50 feet of streams, lakes, and reservoirs within as short a period as reasonably possible, but not more than 24 hours, in order to minimize erosion occurring from wind and precipitation.

(8) A permittee shall complete final site stabilization measures within 3 days of completing the final site grading and final site cleanup.

(9) A permittee shall stop trench excavation on any 1 spread when 10,000 feet remain open, except as authorized in the permit issued by the department.

(10) A permittee shall accomplish replacing bank plugs and grading stream banks within 50 feet immediately after laying pipe.

**History**
- *History: 1998-2000 AACS.*

##### **Mich. Admin. Code R 281.833** Rescinded {#sec-r-281.833 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 281.833}

**History**
- *History: 1998-2000 AACS.*

##### **Mich. Admin. Code R 281.834** Sedimentation basins and cofferdams {#sec-r-281.834 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 281.834}

Rule 24. (1) A permittee shall construct sedimentation basins or cofferdams, where required by permit condition, before any other work is performed at the site crossing. The permittee shall maintain sediment removal efficiency of sediment basins during the development period by regular cleaning of sediment from the basins and proper spoil disposal. A detail sketch of a sediment basin is available on request from the department.

(2) A permittee shall remove temporary weirs or cofferdams, including any materials trapped by them in the control of siltation, within 2 weeks of final cleanup. The department may require the intermittent removal of silt or sand by the permittee during construction for proper operation of sedimentation basins. In any event, a permittee shall clean the sedimentation basins before removal of weirs and coffer dams.

(3) A permittee shall construct weirs of continuous interlocking steel sheeting, except where the department authorizes other substitute materials. When specified by the department, a permittee shall furnish a detail sheet of the weir installation.

(4) A applicant is responsible for securing the necessary approval of private land owners where temporary additional right-of-way or easement is necessary to construct and operate a settling basin. An easement is not required in locations where the crossing is made on state-owned lands.

**History**
- *History: 1998-2000 AACS.*

##### **Mich. Admin. Code R 281.835** Haul roads {#sec-r-281.835 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 281.835}

Rule 25. (1) The method for crossing streams where temporary haul roads are being constructed shall involve technologically available clear span structures, such as bailey bridges or flat beds or, alternatively, haul roads shall be constructed of coarse aggregate with culverts or logs, or both, laid parallel to the stream. A permittee may use only course aggregate or metal or wood mats as a running surface on log construction. A permittee shall protect the side slopes with permanent riprap, as specified in R 281.837, up to a level 2 rows above the normal water level and over the ends of the culverts.

(2) A permittee shall ensure that permanent haul roads crossing streams, that is roads that are to be left in place at the request of the property owner comply with part 31 of the act.

The property owner shall submit plans and specifications for the crossing to the department together with his application for a permit to construct the facilities.

(3) A permittee shall ensure that both temporary and permanent haul roads have adequate top width to permit passage of all construction equipment without sloughing of side slopes.

(4) A permittee shall ensure that culverts which are of an adequate size and length and which are approved by the department are utilized in the construction of both temporary and permanent haul roads.

(5) The fording of streams which causes only minimal disturbance of stream banks or bottomland and which results in no more than momentary sedimentation or siltation is not regulated by this rule. Where temporary fording areas are potentially available to the public, such as along utility easements, a permittee shall place vehicle barriers to deter continuous use by the public for reasons other than the original purpose of the ford.

**History**
- *History: 1998-2000 AACS.*

##### **Mich. Admin. Code R 281.836** Trench excavation {#sec-r-281.836 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 281.836}

Rule 26. (1) All pipe trenches shall be excavated to a depth which will provide a minimum cover of 30 inches from the bed of the stream to the top of the pipe. This minimum cover shall control except where special conditions at certain water crossings may warrant a lesser or greater depth of cover.

(2) Appropriate trench excavation methods shall be employed to minimize material from the pipe trench flowing into the stream, giving due consideration to the soil, terrain, cover, side slopes and weather conditions involved.

(3) The pipe trench excavation shall stop some distance from the stream to leave a protective plug of 10 to 20 feet of unexcavated material at each bank. The plugs shall be left in place until the pipe-laying operation across the stream has begun. Bypassing of water in the trench to the side by diversion ditches or by pumping may be required at certain water crossings.

(4) The trench in the stream bed may be backfilled if the material used does not cause excessive siltation. Stone, coarse aggregate or washed gravel shall be used where backfill is required and where use of existing material will cause excessive siltation.

(5) Pumping or draining from trench excavations shall be made on either side of the pipeline and not into the waters of the state. The owner shall secure the necessary approval of private landowners before discharging water from the trench excavation onto private lands.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 281.837** Stream bank protection; pipeline and utility projects {#sec-r-281.837 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 281.837}

Rule 27. (1) Following the installation of the pipeline or cable, A permittee shall immediately restore all work areas along or across streams or lakes and shall stabilize the exposed beds and banks within 7 days, except where subsequent permission is provided for a pumping and testing operation.

(2) A permittee shall ensure that all disturbed stream banks have a finished slope not steeper than 1 vertical to 2 horizontal to prevent sloughing until stabilized by vegetative cover or riprap. A permittee shall ensure that the 1 on 2 slope is graded up and back to the high waterline. A permittee shall ensure that if the top of the natural bank is more than 3 feet above the high waterline, a minimum 10-foot long berm is constructed at the highwater line and the remaining slope is constructed upward parallel with, or on a flatter slope than, the original natural bank.

(3) A permittee shall ensure that all raw soil exposed above the permanent riprap protection line is sodded, riprapped, or seeded, fertilized, and mulched. A permittee may use temporary riprap (sandbags).

(4) A permittee shall ensure that mulching, seeding, and fertilizing is done in accordance with natural resource conservation service standards and specific soil test analysis for appropriate fertilizer application rates.

(5) A permittee shall ensure that permanent riprap is placed from the bed of the channel to an elevation necessary to assure bank stabilization. A permittee shall ensure that permanent riprap is a 5-to-1 mix of sand to cement in burlap or canvas bags or biodegradable sacks, fitted broken concrete, properly sized rock, or other material approved by the department. A permittee shall ensure that riprap is free of protruding reinforcing metal.

(6) A permittee shall ensure that deflecting dikes, which are reinforced by 1 row of sandbags, are used to divert runoff and minimize slope erosion from steep slopes adjacent to water crossings where the contributing runoff could be great enough to cause slope erosion. A permittee shall ensure that water is diverted to undisturbed areas adjacent to the right-of-way.

(7) A permittee shall ensure that deflecting dikes are placed along the top of all stream banks where the entire slope is not protected with riprap. A permittee shall also place deflecting dikes at the top of, and at 100-foot intervals or less on, slopes greater than 20%.

**History**
- *History: 1979 AC; 1982 AACS; 1985 AACS.*

##### **Mich. Admin. Code R 281.838** Final clean-up {#sec-r-281.838 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 281.838}

Rule 28. Final clean-up shall consist of removing the temporary haul road across the stream; reshaping the stream as nearly as possible to its original configuration, width, depth and bottom material; protection of the stream banks as specified in R 281.837; and removing all construction material and debris from the crossing site, including any material and debris downstream from the site as a result of the pipeline construction.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 281.839** Rescinded {#sec-r-281.839 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 281.839}

**History**
- *History: 1979 AC; 1985 AACS; 1998-2000 AACS.*

##### **Mich. Admin. Code R 281.841** Rescinded {#sec-r-281.841 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 281.841}

**History**
- *History: 1979 AC; 1982 AACS; 1998-2000 AACS.*

##### **Mich. Admin. Code R 281.842** Notification of pending applications {#sec-r-281.842 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 281.842}

Rule 32. The list prepared and mailed by the department under section 6(1) of the act shall include permit applications received during each week. The department shall mail the list monthly to each subscriber. The list shall include all of the following information:

(a) Process number.

(b) Applicant's name and address.

(d) Location of proposal by town, range, and section.

(e) Project description.

**History**
- *History: 1979 AC; 1982 AACS; 1985 AACS; 1998-2000 AACS.*

##### **Mich. Admin. Code R 281.843** Hearings {#sec-r-281.843 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 281.843}

Rule 33. (1) The department may hold a public informational hearing when a proposed project appears to be controversial or when additional information is desired before action by the department.

(2) All other hearings shall be conducted under section 30110(2) of the act.

(3) All persons who receive notification under section 30105(1) of the act shall receive not less than 10 days' prior notification of any hearings held under the act.

(4) An aggrieved person requesting a formal hearing under section 30110(2) of the act shall request the hearing within 60 days of the department's decision on an application.

**History**
- *History: 1979 AC; 1982 AACS; 1985 AACS; 1998-2000 AACS.*

##### **Mich. Admin. Code R 281.844** Notification and inspection of completed project {#sec-r-281.844 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 281.844}

Rule 34. An applicant shall notify the land and water management division of the department within 10 days of completion of a project to facilitate scheduling a final inspection. An applicant need not notify the land and water management division of a minor project unless required as a permit condition.

**History**
- *History: 1979 AC; 1982 AACS; 1998-2000 AACS.*

##### **Mich. Admin. Code R 281.845** Special conditions {#sec-r-281.845 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 281.845}

Rule 35. Whenever vertically upward bottomland displacement, also called surcharge, results from filling or other activity immediately adjacent to the displacement area by the applicant, he shall be responsible for its timely removal at the direction of the department.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 281.846** Rescission {#sec-r-281.846 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 281.846}

Rule 36. The rules of the department entitled "Inland Lakes and Streams" being R 281.801 to R 281.810 of the Michigan Administrative Code and appearing on pages 4120 to 4122 of the 1967 Annual Supplement to the Code, are rescinded.

**History**
- *History: 1979 AC.*

### **R 281.921 to R 281.925** Wetlands Protection

##### **Mich. Admin. Code R 281.921** Definitions {#sec-r-281.921 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 281.921}

DEPARTMENT OF ENVIRONMENTAL QUALITY

LAND AND WATER MANAGEMENT DIVISION

WETLANDS PROTECTION

By authority conferred on the department of environmental quality by section 30319 of 1994 PA 451, as amended, MCL 324.30319.

Rule 1. (1) As used in these rules:

(a) "Act" means Act No. 203 of the Public Acts of 1979, being S281.701 et seq. of the Michigan Compiled Laws.

(b) "Contiguous" means any of the following:

(i) A permanent surface water connection or other direct physical contact with an inland lake or pond, a river or stream, one of the Great Lakes, or Lake St. Clair.

(ii) A seasonal or intermittent direct surface water connection to an inland lake or pond, a river or stream, one of the Great Lakes, or Lake St. Clair.

(iii) A wetland is partially or entirely located within 500 feet of the ordinary high watermark of an inland lake or pond or a river or stream or is within 1,000 feet of the ordinary high watermark of one of the Great Lakes or Lake St. Clair, unless it is determined by the department, pursuant to R 281.924(5), that there is no surface water or groundwater connection to these waters.

(iv) Two or more areas of wetland separated only by barriers, such as dikes, roads, berms, or other similar features, but with any of the wetland areas contiguous under the criteria described in paragraph (i), (ii), or (iii) of this subdivision. The connecting waters of the Great Lakes, including the St. Marys, St.Clair, and Detroit rivers, shall be considered part of the Great Lakes for purposes of this definition.

(c) "General permit" means a permit which, as authorized by section 10 of the act, is issued for categories of minor activities, as defined in subdivision (f) of this subrule.

(d) "Individual permit" means a permit which, as authorized by sections 7, 8, and 9 of the act, is issued for categories of activities that are not classified as minor.

(e) "Inland lake or pond, a river or stream" means any of the following:

(i) A river or stream which has definite banks, a bed, and visible evidence of a continued flow or continued occurrence of water.

(ii) A natural or permanent artificial inland lake or impoundment that has definite banks, a bed, visible evidence of a continued occurrence of water, and a surface area of water that is more than 5 acres. This does not include lakes constructed by excavating or diking dry land and maintained for the sole purpose of cooling or storing water and does not include lagoons used for treating polluted water.

(iii) A natural or permanent artificial pond that has permanent open water with a surface area that is more than 1 acre, but less than 5 acres. This does not include ponds constructed by excavating or diking dry land and maintained for the sole purpose of cooling or storing water and does not include lagoons used for treating polluted water.

(f) "Minor activities" means activities that are similar in nature, that will cause only minimal adverse environmental effects when performed separately, and that will have only minimal cumulative adverse effects on the environment.

(g) "Wetland vegetation" means plants that exhibit adaptations to allow, under normal conditions, germination or propagation and to allow growth with at least their root systems in water or saturated soil.

(2) As used in the act:

(a) "Electric distribution line" means underground lines below 30 kilovolts and lines supported by wood poles.

(b) "Electric transmission line" means those conductors and their necessary supporting or containing structures located outside of buildings that are used for transmitting a supply of electric energy, except those lines defined in subdivision (a) of this subrule.

(c) "Pipelines having a diameter of 6 inches or less" means a pipe which is equal to or less than what is commonly referred to as a 6-inch pipe and which has an actual measured outside diameter of less than 6.75 inches.

(3) Terms defined in the act have the same meanings when used in these rules.

Editor's Note: An obvious error in R 281.921 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in AACS 1988. The memorandum requesting the correction was published in Michigan Register, 2008 MR 18.

**History**
- *History: 1988 AACS.*

##### **Mich. Admin. Code R 281.922** Permit applications {#sec-r-281.922 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 281.922}

Rule 2. (1) An application for a permit shall be made on a form prescribed and provided by the department.

(2) An application for a permit shall not be deemed as received or filed until the department has received all information requested on the application form, the application fee, and other information authorized by the act and necessary to reach a decision. The period for granting or denying an application begins as soon as all such information and the application fee are received by the department.

(3) Application fees shall be submitted to the department with the initial submittal of an application form. The fee shall be paid by check, money order, or draft made payable to:

"State of Michigan."

(4) An application may be considered to be withdrawn and the file for the application may be closed if an applicant fails to respond to any written inquiry or request from the department for information requested as a part of the application form within 30 days of the request or such longer period of time as needed by the applicant to provide the information agreed to, in writing, between the applicant and the department.

(5) Upon request, the department shall provide any person with a copy of a permit application and supporting documents consistent with all provisions of Act No. 442 of the Public Acts of 1976, as amended, being S15.231 et seq. of the Michigan Compiled Laws.

(6) Decisions reached by the department which deny or modify an application for a permit shall be supported by written documentation to the applicant based upon the applicable criteria contained in section 9 of the act. The department shall create a form based on the criteria from section 9 of the act to be completed and placed into each application file.

When a proposed activity involves a coordinated review by federal agencies as provided for under the act and section 404 of title IV of the clean water act of 1977, 33 U.S.C. S1344, the department shall prepare a fact sheet pursuant to 40 C.F.R. S124.8 (April 1, 1983) and 40 C.F.R.S233.39 (April 1, 1983) for inclusion in the application file.

**History**
- *History: 1988 AACS.*

##### **Mich. Admin. Code R 281.922a** Permit application review criteria {#sec-r-281.922a omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 281.922a}

Rule 2a. (1) The department shall review a permit application to undertake an activity listed in section 30304 of the act according to the criteria in section 30311 of the act.

(2) As required by subsection 30311(4) of the act, a permit applicant shall bear the burden of demonstrating that an unacceptable disruption to aquatic resources will not occur as a result of the proposed activity and demonstrating either of the following:

(a) The proposed activity is primarily dependent upon being located in the wetland.

(b) There are no feasible and prudent alternatives to the proposed activity.

(3) A permit applicant shall provide adequate information, including documentation as required by the department, to support the demonstrations required by section 30311 of the act. The department shall independently evaluate the information provided by the applicant to determine if the applicant has made the required demonstrations.

(4) A permit applicant shall completely define the purpose for which the permit is sought, including all associated activities. An applicant shall not so narrowly define the purpose as to limit a complete analysis of whether an activity is primarily dependent upon being located in the wetland and of feasible and prudent alternatives. The department shall independently evaluate and determine if the project purpose has been appropriately and adequately defined by the applicant, and shall process the application based on that determination.

(5) The department shall consider a proposed activity as primarily dependent upon being located in the wetland only if the activity is the type that requires a location within the wetland and wetland conditions to fulfill its basic purpose; that is, it is wetland-dependent.

Any activity that can be undertaken in a non-wetland location is not primarily dependent upon being located in the wetland.

(6) An alternative is feasible and prudent if both of the following provisions apply:

(a) The alternative is available and capable of being done after taking into consideration cost, existing technology, and logistics.

(b) The alternative would have less adverse impact on aquatic resources. A feasible and prudent alternative may include any or all of the following:

(i) Use of a location other than the proposed location.

(ii) A different configuration.

(iii) Size.

(iv) Method that will accomplish the basic project purpose.

The applicant shall demonstrate that, given all pertinent information, there are no feasible and prudent alternatives that have less impact on aquatic resources. In making this demonstration, the applicant may provide information regarding factors such as alternative construction technologies; alternative project layout and design; local land use regulations and infrastructure; and pertinent environmental and resource issues. This list of factors is not exhaustive and no particular factor will necessarily be dispositive in any given case.

(7) If an activity is not primarily dependent upon being located in the wetland, it is presumed that a feasible and prudent alternative exists unless an applicant clearly demonstrates that a feasible and prudent alternative does not exist.

(8) Unless an applicant clearly demonstrates otherwise, it is presumed that a feasible and prudent alternative involving a non-wetland location will have less adverse impact on aquatic resources than an alternative involving a wetland location.

(9) An area not presently owned by the permit applicant that could reasonably be obtained, utilized, expanded, or managed in order to fulfill the basic purpose of the proposed activity is a feasible and prudent alternative location.

(10) An alternative may be considered feasible and prudent even if it does not accommodate components of a proposed activity that are incidental to or severable from the basic purpose of the proposed activity.

(11) An alternative may be considered feasible and prudent even if it entails higher costs or reduced profit. However, the department shall consider the reasonableness of the higher costs or reduced profit in making its determination.

(12) The department may offer a permit for a modification of an activity proposed in an application if the proposed activity cannot be permitted under the criteria listed in section 30311 of the act and if the modification makes that activity consistent with the criteria listed in section 30311 of the act.

(a) The applicant may accept the permit for the modification of the proposed activity by signing it and returning it to the department within 30 days of the date of the offer. The permit shall be considered issued upon countersignature by the department.

(b) The permit application is considered denied if the applicant does not sign and return the permit for the modification of the proposed activity to the department within thirty days of the date of the offer. The permit applicant may then appeal the denial pursuant to sections 30307(2) and 30319(2) of the act.

(c) The date on which the modification is offered shall be considered the date of the department's approval or disapproval of the application pursuant to section 30307(2) of the act.

**History**
- *History: 1988 AACS.*

##### **Mich. Admin. Code R 281.923** Permits {#sec-r-281.923 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 281.923}

Rule 3. (1) An application for a proposed activity which is within a general permit category may be processed and issued by the department without the noticing or hearings specified under sections 7, 8, and 9 of the act. The department may process, by public notice, an application which would normally qualify under a general permit category to allow more opportunity for public review and comment. Categories of minor activities will be established in the general permit in accordance with section 10 of the act. The factors set forth in sections 3 and 9 of the act shall be considered in determining whether such a permit is in the best interest of the public.

(2) Applications for activities that are not classified as minor shall be reviewed through the process prescribed under sections 7, 8, and 9 of the act. The department may issue an individual permit 21 days after the mailing of notification of the permit application if comments of nonobjection have been received from the municipality, if a public hearing has not been requested, and if the proposed activities are otherwise in accordance with the act.

(3) If the department does not approve or disapprove the permit application within the time provided by section 8(2) of the act, the permit application shall be considered approved and the department shall be considered to have made the determination required by section 9 of the act.

(4) When a project involves activities regulated under Act No. 247 of the Public Acts of 1955, as amended, being S322.701 et seq. of the Michigan Compiled Laws, or Act No. 346 of the Public Acts of 1972, as amended, being S281.951 et seq. of the Michigan Compiled Laws, or the act, the applicant shall submit 1 application for all activities regulated under these acts. Only 1 permit for these activities will be issued or denied by applying the criteria of the appropriate acts. If a permit is issued, conditions shall reflect the requirements of all appropriate acts.

(5) A permit may be issued for a period extending until the end of the following calendar year. A permit may be issued for a longer period of time if agreed to, in writing, between the applicant and the department. Before a permit expires, extensions of time may be granted by the department upon receipt of a written request from the permit holder explaining why such an extension is needed to complete the project. Up to two 12-month extensions shall be granted if there is no change in the activity for which the permit was originally issued. Administrative fees shall not be required for such extensions.

(6) Any permit issued under the act does not obviate the necessity of receiving, when applicable, approval from other federal, state, and local government agencies.

(7) Any permit issued by the department under the act may be revoked or suspended, after notice and an opportunity for a hearing, for any of the following causes:

(a) A violation of a condition of the permit.

(b) Obtaining a permit by misrepresentation or failure to fully disclose relevant facts in the application.

**History**
- *History: 1988 AACS.*

##### **Mich. Admin. Code R 281.924** Wetland Identification and Assessment {#sec-r-281.924 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 281.924}

Rule 4. (1) When assessing whether a parcel of property or portion of a parcel is wetland, as required by section 30321 of the Act, the department shall utilize criteria consistent with the definition of "wetland" provided in section 30301(d) of the act. The department shall provide a written assessment report to the person who owns or leases the property or his or her agent within 30 days of the on-site evaluation, whether the parcel contains wetland or nonwetland, or both, and the basis for the determination. The department shall evaluate a parcel or any portion of a parcel as identified by the person making the request.

(2) An assessment of wetlands on a parcel of property by the department may include any of the following, at the discretion of the person making the request:

(a) The provision of maps and supporting information that show currently mapped wetlands on the property.

(b) An on-site identification of areas containing wetland and non-wetland on the property.

(3) When identifying wetlands, the department shall rely on visible evidence that the normal seasonal frequency and duration of water is above, at, or near the surface of the area to verify the existence of a wetland. Under normal circumstances, the frequency and duration of water that is necessary to determine an area to be a wetland will be reflected in the vegetation or aquatic life present within the area being considered. A wetland that has not been recently or severely disturbed will contain predominance, not just an occurrence, of wetland vegetation or aquatic life. If there is a predominance of wetland vegetation, and if there is no direct visible evidence that water is, or has been, at or above the surface, then the department shall use the following characteristics of the soils or substrate to verify the existence of a wetland:

(a) The presence of a soil that is saturated, flooded, or ponded long enough during the growing season to develop anaerobic conditions in the upper part of the soil that favor the growth and regeneration of wetland vegetation.

(b) Physical or chemical characteristics of a soil column that provide evidence of the current and recent degree of saturation or inundation. Characteristics, such as a gleyed or low chroma matrix, mottling, or chemically demonstrated anaerobic conditions, can be utilized to identify the current and recent depth and fluctuation of the water table or inundation.

(4) If the department makes a determination that a wetland otherwise outside of the jurisdiction of the act is essential to the preservation of the natural resources of the state under section 30301(d)(iii) of the act, the department shall provide the findings, in writing, to the legal landowner or lessee stating the reasons for the determination. In making the determination, the department must find that 1 or more of the following functions apply to a particular site:

(a) It supports state or federal endangered or threatened plants, fish, or wildlife specified in section 36501 of 1994 PA 457, MCL 324.36501.

(b) It represents what the state has identified as a rare or unique ecosystem.

(d) It provides groundwater recharge documented by a public agency.

(5) Upon the request of a person who owns or leases a parcel of property or his or her agent, the department shall determine if there is no surface or groundwater connection that meets the definition of "contiguous" under R 281.921(l)(b)(iii). The department shall make the determination in writing and shall provide the determination to the person making the request within a reasonable period of time after receipt of the request.

(6) (a) A person who requests an assessment shall submit a form provided by the department. The form shall contain all information required under section 30321(3) of the act, and shall be accompanied by a check for the appropriate fee as set forth in this rule.

(b) All fees are nonrefundable.

(c) A person who owns or leases a parcel of property or his or her agent may request any of the following 3 levels of assessment with corresponding levels of fees:

(i) For a fee of $100.00, the department will provide copies of wetland information immediately available for an identified area, including state and federal maps on file with the department that show the approximate location of wetlands on the parcel. In addition, information specified by section 30321(e), (f), and (g) of the act, regarding regulatory processes, limitations, and appeals will be provided to a person who makes a request. An application for this service is limited to not more than an area covering 4 adjoining square miles. This level of service shall be available in counties where the preliminary or final wetland inventory maps in section 30321 of the act have not been completed. The department shall provide the preliminary or final wetland inventory map in electronic form or a paper copy at cost. Since the information and maps provided will not be based upon an on-site review, they will be useful for planning purposes, but the department will not certify where wetlands are and are not specifically located on the given parcel.

(ii) For a fee of $500.00 for 1 acre or less, the department will perform an on-site wetland identification of a parcel or portion of a parcel that has its boundaries marked by the person who makes the request, to identify and describe areas that are and are not wetland on the site, unless identification and description are not possible due to site conditions, as outlined under subrule (7) of this rule. The fee for the service will increase by $250.00 per acre or fraction thereof for an assessment area larger than 1 acre. An application for this service is limited to an area of 5 acres or less. If the assessment report determines that the area or part of the area evaluated is not wetland, then the report shall state that the department lacks jurisdiction over the area that is not wetland, if any, and that the determination that an area is not wetland is binding on the department for 3 years from the date of the assessment.

(iii) For a fee of $500.00 for 1 acre or less, the department will perform an on-site review of a mapped, flagged, and otherwise identifiable area to confirm specific boundaries established by a wetland professional between wetlands and areas that are not wetlands.

The fee for the service will increase by $50.00 per acre or fraction thereof to confirm areas identified as wetland and $20.00 per acre or fraction thereof to confirm areas identified as non wetland. The wetland and nonwetland boundaries must be flagged by a wetland professional representing the person who made the request. The boundaries must have been established utilizing methods and procedures consistent with the Act and these rules. If the department finds substantial errors during the confirmation process and the person making the request wishes to proceed, then the department will require that a new wetland boundary be identified by a wetland professional representing the person who made the request and that new fees in the amount of 1/2 of the original fee be submitted for the onsite confirmation of the new wetland boundary and the assessment report. If the assessment report determines that the area or part of the area evaluated is not wetland, then the report will state that the department lacks jurisdiction over the area that is not wetland and that the determination that an area is not wetland is binding on the department for 3 years from the date of the assessment. If documentation of the specific boundary is desired, then the person who is making the request will provide, for department approval, an acceptable and reproducible survey of the agreed upon boundaries.

(iv) The department will provide the report within 20 calendar days of a complete request, for an increased fee reflecting the additional cost to the department. For subsection (c)(ii), this increased fee will be $1500.00 for 1 acre or less and $750.00 per acre or fraction thereof for an assessment area larger than 1 acre. For subsection (c)(iii), this increased fee will be $1500.00 for 1 acre or less, $150.00 per each additional acre or fraction thereof to confirm areas identified as wetland, and $60.00 per each additional acre or fraction thereof to confirm areas identified as non wetland. If weather or other conditions prohibit the completion of the report within 20 calendar days, the department will refund the difference between the higher fee and the normal fee.

(7) If recent severe disturbances of the site have occurred, for example, removal of native vegetation, disturbance of soils, or diversion of drainage, making it impossible during a routine site visit to determine whether or not the area requested for assessment contains or has contained wetland or nonwetland, then the department will provide the person who made the request with a report that specifies the reasons for its inability to make a determination. The department will include with the report a description of the necessary technical information to be provided by the person who made the request in order for the department to make a final wetland identification or confirm a boundary.

(8) A written request for a reassessment, pursuant to section 30321(5) of the act, shall be submitted to the department no later than 60 days after the receipt of the written assessment report. The department shall conduct the reassessment, if possible, during the same calendar year as the original assessment or as soon as weather or other conditions allow.

**History**
- *History: 1988 AACS; 1998 AACS; 2006 AACS.*

##### **Mich. Admin. Code R 281.925** Mitigation {#sec-r-281.925 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 281.925}

Rule 5. (1) As authorized by section 30312(2) of the act, the department may impose conditions on a permit for a use or development if the conditions are designed to remove an impairment to the wetland benefits, to mitigate the impact of a discharge of fill material, or to otherwise improve the water quality.

(2) The department shall consider mitigation only after all of the following conditions are met:

(a) The wetland impacts are otherwise permittable under sections 30302 and 30311 of the act.

(b) No feasible and prudent alternative to avoid wetland impacts exists.

(c) An applicant has used all practical means to minimize impacts to wetlands. This may include the permanent protection of wetlands on the site not directly impacted by the proposed activity.

(3) The department shall require mitigation as a condition of a wetland permit issued under part 303 of the act, except as follows:

(a) The department may waive the mitigation condition if either of the following provisions applies:

(i) The permitted wetland impact is less than 1/3 of an acre and no reasonable opportunity for mitigation exists.

(ii) The basic purpose of the permitted activity is to create or restore wetlands or to increase wetland habitat.

(b) If an activity is authorized and permitted under the authority of a general permit issued under section 30312(1) of the act, then the department shall not require mitigation. Public transportation agencies may provide mitigation for projects authorized under a general permit at sites approved by the department under a memorandum of understanding between the department and public transportation agencies.

(4) The department shall require mitigation to compensate for unavoidable wetland impacts permitted under part 303 of the act utilizing one or more of the following methods:

(a) The restoration of previously existing wetlands.

(b) The creation of new wetlands.

(d) In certain circumstances, the preservation of existing wetlands. The preservation of existing wetlands may be considered as mitigation only if the department determines that all of the following conditions are met:

(i) The wetlands to be preserved perform exceptional physical or biological functions that are essential to the preservation of the natural resources of the state or the preserved wetlands are an ecological type that is rare or endangered.

(ii) The wetlands to be preserved are under a demonstrable threat of loss or substantial degradation due to human activities that are not under the control of the applicant and that are not otherwise restricted by state law.

(iii) The preservation of the wetlands as mitigation will ensure the permanent protection of the wetlands that would otherwise be lost or substantially degraded.

(5) The restoration of previously existing wetlands is preferred over the creation of new wetlands where none previously existed. Enhancement of existing wetlands is not considered mitigation. For purposes of this rule, wetland restoration means the reestablishment of wetland characteristics and functions at a site where they have ceased to exist through the replacement of wetland hydrology, vegetation, or soils.

(6) An applicant shall submit a mitigation plan when requested by the department. The department may incorporate all or part of the proposed mitigation plan as permit conditions. The mitigation plan shall include all of the following elements:

(a) A statement of mitigation goals and objectives, including the wetland types to be restored, created, or preserved.

(b) Information regarding the mitigation site location and ownership.

(d) A description of baseline conditions at the proposed mitigation site, including a vicinity map showing all existing rivers, lakes, and streams, and a delineation of existing surface waters and wetlands within the proposed mitigation area.

(e) Performance standards to evaluate the mitigation.

(f) A monitoring plan.

(g) A schedule for completion of the mitigation.

(h) Provisions for the management and long-term protection of the site.The department shall, when requested by the applicant, meet with the applicant to review the applicant's mitigation plan.

(7) An applicant shall provide mitigation to assure that, upon completion, there will be no net loss of wetlands. The mitigation shall meet the following criteria as determined by the department:

(a) Mitigation shall be provided on-site where it is practical to mitigate on site and where beneficial to the wetland resources.

(b) If subdivision (a) of this subrule does not apply, then an applicant shall provide mitigation in the immediate vicinity of the permitted activity if practical and beneficial to the wetland resources. "Immediate vicinity" means within the same watershed as the location of the proposed project. For purposes of this rule, a watershed refers to a drainage area in which the permitted activity occurs where it may be possible to restore certain wetland functions, including hydrologic, water quality, and aquatic habitat functions.

Watershed boundaries are shown in Figure 1 in R 281.951.

(c) Mitigation shall be on-site or in the immediate vicinity of the permitted activity unless the department determines that subdivisions (a) and (b) of this subrule are infeasible and impractical.

(d) The department shall require that mitigation be of a similar ecological type as the impacted wetland where feasible and practical.

(e) If the replacement wetland is of a similar ecological type as the impacted wetland, then the department shall require that the ratio of acres of wetland mitigation provided for each acre of permitted wetland loss shall be as follows:

(i) Restoration or creation of 5.0 acres of mitigation for 1.0 acre of permitted impact on wetland types that are rare or imperiled on a statewide basis.

(ii) Restoration or creation of 2.0 acres of mitigation for 1.0 acre of permitted impact on forested wetland types, coastal wetlands not included under (i) of this subdivision, and wetlands that border upon inland lakes.

(iii) Restoration or creation of 1.5 acres of mitigation for 1.0 acre of permitted impact on all other wetland types.

(iv) 10 acres of mitigation for 1.0 acre of impact in situations where the mitigation is in the form of preservation of existing wetland as defined in subrule (4) of this rule.

(f) The department may adjust the ratios prescribed by this rule as follows:

(i) The ratio may be increased if the replacement wetland is of a different ecological type than the impacted wetland.

(ii) If the department determines that an adjustment would be beneficial to the wetland resources due to factors specific to the mitigation site or the site of the proposed activity, then the department may increase or decrease the number of acres of mitigation to be provided by no more than 20 percent. This shall not limit the amount which a ratio may be increased under subdivision (f)(i) of this subrule.

(g) The mitigation shall give consideration to replacement of the predominant wetland benefits lost within the impacted wetland.

(h) The department shall double the required ratios if a permit is issued for an application accepted under section 30306(5) of the act.

(i) The department shall determine mitigation ratios for wetland dependent activities on a site-specific basis.

(8) Except where mitigation is to occur on state or federally owned property or where the mitigation is to occur in the same municipality where the project is proposed, the department shall give notice to the municipality where the proposed mitigation site is located and shall provide an opportunity to comment in writing to the department on the proposed mitigation plan before a mitigation plan is approved by the department.

(9) An applicant shall complete mitigation activities before initiating other permitted activities, unless a concurrent schedule is agreed upon between the department and the applicant, and an adequate financial assurance mechanism is provided by the applicant.

(10) The department may require financial assurances to ensure that mitigation is accomplished as specified.

(11) An applicant shall protect the mitigation area by a permanent conservation easement or similar instrument that provides for the permanent protection of the natural resource functions and values of the mitigation site, unless the department determines that such controls are impractical to impose in conjunction with mitigation that was undertaken as part of state funded response activity under Act No. 451 of the Public Acts of 1994, as amended.

(12) An applicant, with the approval of the department, may provide all or a portion of the mitigation through the acquisition of approved credits from a wetland mitigation bank established under R 281.951 et seq. One credit shall be utilized for each acre of mitigation required under subrule (7) of this rule.

**History**
- *History: 1988 AACS.*

### **R 281.951 to R 281.961** Wetland Mitigation Banking

##### **Mich. Admin. Code R 281.951** Mitigation banking definitions {#sec-r-281.951 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 281.951}

DEPARTMENT OF ENVIRONMENTAL QUALITY

LAND AND WATER MANAGEMENT

WETLAND MITIGATION BANKING

These rules take effect 15 days after filing with the Secretary of State (By authority conferred on the department of environmental quality by section 30319 of Act No. 451 of the Public Acts of 1994, as amended, being §324.30319 of the Michigan Compiled Laws)

Rule 1. As used in the wetland mitigation banking rules:

(a) "Act" means Act No. 451 of the Public Acts of 1994, as amended, being §324.101 et seq. of the Michigan Compiled Laws.

(b) "Bank sponsor" means a person who independently or in cooperation with another person is responsible for the establishment, operation, and long-term management of a wetland mitigation bank.

For the purposes of the wetland mitigation banking rules, the mapped sub-subsections found in the publication entitled "Regional Landscape Ecosystems of Michigan, Minnesota, and Wisconsin," Dennis A. Albert, 1994, north central forest experiment station, United States department of agriculture, shall be used to identify ecoregion boundaries.

(d) "Department" means the department of environmental quality.

(e) "In-kind mitigation" means replacement of unavoidably lost wetland resources with created, restored, or, in exceptional circumstances, preserved wetlands of a similar physical/biological type, with the goal of replacing as fully as possible the functions of the lost wetland.

(f) "Mitigation bank" means a site where wetlands are restored, created, or, in exceptional circumstances, preserved expressly for the purpose of providing compensatory mitigation in accordance with the provisions of the act in advance of authorized, unavoidable impacts to wetlands.

(g) "Mitigation banking" means the process of restoring or creating self-sustaining functioning wetlands, or, in exceptional circumstances, preserving high-quality and threatened wetlands, as prior replacement for wetlands that are expected to be unavoidably impacted by development within a watershed or ecoregion.

(h) "Mitigation banking agreement" means a formal written agreement between the bank sponsor and the department of environmental quality that identifies all relevant establishment, operation, and management considerations of a wetland mitigation bank.

(i) "Mitigation credit" means a unit of value generally equivalent to 1 acre of created or restored functioning wetland that may be bought and sold on the open market.

(j) "Out-of-kind mitigation" means the replacement of unavoidably lost wetland resources with created, restored, or, in exceptional circumstances, preserved wetlands that are physically or biologically different than the wetlands that were lost. Out-of-kind mitigation may result in the replacement of different wetland functions than the functions that were lost.

(k) "Service area" means an area in which a bank can reasonably be expected to provide appropriate compensatory mitigation for impacts to wetlands. The service area will be defined on a watershed or ecoregion basis.

(l) "Unavoidably lost" means a wetland impact which has been approved by the department in accordance with permit review criteria specified by the act.

(m) "Watershed" means a drainage area within which the replacement of certain wetland functions, including hydrologic, water quality, and aquatic habitat functions, may be authorized by the use of a mitigation bank. Mitigation bank watersheds are illustrated in figure 1 in R 281.961.

(n) "Wetland creation" means the physical and biological establishment of a wetland where a wetland did not formerly exist.

(o) "Wetland function" means the physical, chemical, or biological processes which provide benefits to the public and which are recognized by the Michigan legislature in section 30302(1)(b) of the act.

(p) "Wetland preservation" means the protection of an ecologically critical wetland in perpetuity through the implementation of appropriate legal and physical mechanisms.

(q) "Wetland restoration" means the reestablishment of wetland characteristics and functions at a site where they have ceased to exist through the replacement of wetland hydrology, vegetation, or soils.

**History**
- *History: 1997 AACS.*

##### **Mich. Admin. Code R 281.952** Purpose {#sec-r-281.952 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 281.952}

Rule 2. (1) The purpose of the wetland mitigation banking rules is to provide for the statewide establishment and operation of mitigation banks as an alternative wetland mitigation option that will protect and enhance the wetland resources of the state while expediting the regulatory process.

(2) Mitigation banking may benefit the state's wetland resources as follows:

(a) By providing for the establishment of replacement wetlands in advance of wetland losses.

(b) By consolidating small wetland mitigation areas at a single location in a manner that enhances the integrity of the wetland ecosystem.

(d) By providing for and encouraging the integration of wetland creation or restoration for purposes of compensatory mitigation with watershed, ecoregion, or community resource planning.

(3) The use of mitigation banking may benefit a wetland permit applicant as follows:

(a) By reducing the total permit processing time.

(b) By reducing the cost of compensatory mitigation due to the economy of scale associated with the consolidation of individual mitigation projects.

(d) By providing increased certainty as to the availability of wetland mitigation sites.

(e) By facilitating compliance with the mitigation requirements of the act.

**History**
- *History: 1997 AACS.*

##### **Mich. Admin. Code R 281.953** Applicability {#sec-r-281.953 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 281.953}

Rule 3. (1) Any person may establish a mitigation bank and may buy, sell, or use mitigation credits as approved by the department to meet the requirements of the act.

(2) The department may authorize the use of credits from an approved mitigation bank to satisfy all or a part of the wetland mitigation requirements associated with any permit application in accordance with applicable statutory criteria.

(3) The department may authorize the use of credits from an established mitigation bank only to offset the unavoidable loss of wetlands as approved in accordance with the act.

Before approving the use of a mitigation bank, the department shall determine that the applicant has taken all feasible and prudent steps to avoid the loss of wetland resources and has used all practical means to minimize impacts to wetlands. The establishment of, or purchase of, credits from a mitigation bank does not eliminate the need to comply with the permit review criteria established in the act.

(4) Site-specific functions shall be replaced on site where practical and where the department has determined that on-site replacement is environmentally preferable. In these instances, use of a mitigation bank is not appropriate.

**History**
- *History: 1997 AACS.*

##### **Mich. Admin. Code R 281.954** Mitigation banks generally {#sec-r-281.954 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 281.954}

Rule 4. (1) A mitigation bank is a site where wetlands are restored, created, or, in exceptional circumstances, preserved expressly for the purpose of providing compensatory mitigation in advance of the unavoidable loss of wetlands authorized by the act. A mitigation bank shall be maintained in perpetuity.

(2) The objective of mitigation banking is to provide for the replacement of chemical, physical, and biological wetland functions that are lost as a result of authorized impacts.

To the extent possible, the bank shall provide multiple functions. Single function, lowquality wetlands, such as wastewater ponds, will not qualify as mitigation sites. The wetlands in a mitigation bank are quantified as mitigation credits that are available for use by the bank sponsor or other persons to compensate for adverse impacts.

(3) The number of credits in a mitigation bank will normally be based on the acres of created and restored wetland in the bank after monitoring by the bank sponsor demonstrates that wetland functions have been established.

(4) In exceptional circumstances, the preservation of certain existing wetlands may also contribute to the number of mitigation credits. Not more than 15% of the total wetland acreage in any mitigation bank shall be for the preservation of existing wetlands. Mitigation credit for preserved wetlands shall only be given if the department determines that all of the following provisions apply:

(a) The preserved wetlands perform exceptional physical or biological functions that are essential to the preservation of the natural resources of the state or the preserved wetlands are an ecological type that is rare or endangered.

(b) The preserved wetlands are under a demonstrable threat of loss or substantial degradation due to human activities that are not under the control of the bank sponsor and that are not otherwise restricted by state law.

(c) Inclusion of the preserved wetlands in a mitigation bank and implementation of other actions identified in the mitigation bank plan will serve to protect functions associated with the wetlands that would otherwise be lost. Mitigation credit for preserved wetlands meeting these criteria will be given at a rate of 0.1 (one tenth) credit for each acre of preserved wetland.

(5) A mitigation bank shall generally be planned and managed in a watershed or ecoregion context, or both and shall include restored, created, or, in exceptional circumstances, preserved wetlands that will provide functions which meet the needs of the watershed or ecoregion, or both.

(6) Mitigation banks may be located on either public or private lands. However, a mitigation bank shall be established on public lands only if it furthers established management objectives that have been defined by the agency responsible for managing the public land, and with the approval of the agency responsible for management of that land.

(7) A wetland mitigation bank shall provide a minimum of 10 acres of new wetland. The new wetland may consist of multiple sites that are a minimum size of 1 acre each and shall be administered under a single banking agreement.

**History**
- *History: 1997 AACS.*

##### **Mich. Admin. Code R 281.955** Mitigation banks; establishment {#sec-r-281.955 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 281.955}

Rule 5. (1) The establishment and use of a mitigation bank are voluntary. The permit applicant has the option of providing compensatory mitigation for a single permitted action at the time of permit issuance. A mitigation bank shall be established in accordance with the wetland mitigation banking rules in order for credits from the mitigation bank to be authorized by the department as compensatory mitigation for wetland losses authorized under the act.

(2) A person who chooses to establish and operate a mitigation bank shall enter into a written mitigation banking agreement with the department before construction of the mitigation bank or any sale or use of credits from the bank. The agreement shall define the size of the bank, the ecological type of wetlands to be included, wetland functions to be provided, the area to be served by the mitigation bank, and the requirements for establishment, operation, and long-term maintenance by the bank sponsor. The bank sponsor shall provide the department with all of the information needed to prepare the agreement. A mitigation banking agreement shall include all of the following elements and provisions:

(a) A legal identification of the bank sponsor.

(b) The mitigation bank’s location and size, including a legal description of the property.

(c) Ownership of the site and documentation that the bank sponsor is authorized to use the property. If the owner is not the bank sponsor, then the owner shall sign the mitigation banking agreement.

(d) Bank goals and objectives and the geographic area to be served. The goal statement shall indicate the types of wetlands to be developed and the types of wetland losses for which the bank is to be used.

(e) An analysis of the ability of the site to support a diverse wetland system.

(f) Consistency with existing watershed or ecoregion management plans.

(g) Long-term development trends in the area and their potential impact on the long-term viability of the wetland mitigation bank.

(h) A description of baseline conditions at the proposed bank site, including delineation of all existing surface waters or wetlands.

(i) The site development plan.

(j) A long-term site management plan. If the person responsible for ongoing management of the site is not the bank sponsor, then the person shall sign the mitigation banking agreement.

(k) The accounting procedures to be used to track the availability, sale, and use of mitigation credits and the procedures for notifying the department of the sale or use of credits.

(l) Performance standards for determining mitigation bank success and certification of credits.

(m) A monitoring plan to evaluate the achievement of performance standards and reporting protocol.

(n) Provisions for financial assurances to be used to complete remedial action in the event of bank default or failure, and provisions for the release of financial assurances once an approved bank is determined by the department to be self-sustaining.

(o) Provisions for the protection of the site in perpetuity, generally through a conservation easement or deed restriction.

(p) Assumption of liability for construction and operation by the bank sponsor.

(q) If the bank will also be used to meet mitigation requirements of other federal, state or local agencies, the agencies also need to sign the agreement.

(3) Before submitting a mitigation banking proposal to the department, the bank sponsor shall notify all affected local units of government and adjacent property owners of the proposed wetland mitigation bank and shall take reasonable steps to address any objections to the project. The bank sponsor shall provide copies of any comments received and documentation of efforts to resolve local issues to the department with the mitigation banking proposal.

(4) The bank sponsor shall obtain the necessary construction permits for the alteration of existing wetlands or surface waters and all other required federal, state, or local approvals before initiating wetland creation or restoration activities. The permit review criteria in the act will be applied in reviewing an application to construct a mitigation bank.

(5) Nothing in these rules preempts the need to obtain local approval for construction of a wetland mitigation bank under local zoning ordinances or other local regulations.

**History**
- *History: 1997 AACS.*

##### **Mich. Admin. Code R 281.956** Mitigation bank credits; use standards {#sec-r-281.956 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 281.956}

Rule 6. (1) In determining whether credits from a particular mitigation bank may be used to meet the requirements of the act, the department shall consider all of the following factors:

(a) The location of the mitigation bank relative to the permitted wetland impact.

(b) The wetland types represented in the bank.

(d) The area of wetland provided as mitigation relative to the impact.

(2) In-kind mitigation is required unless the department determines that it is not practical or that in-kind mitigation is not essential and that out-of-kind wetland mitigation provides a greater benefit to the wetland resources of the state. The department may consider the use of an out-of-kind wetland mitigation bank based on 1 or more of the following criteria:

(a) The types of wetlands restored or created in the wetland mitigation bank help to restore the historic balance of wetland types within the watershed or ecoregion.

(b) The mitigation bank provides particular wetland functions that meet defined resource management needs and goals articulated in an established watershed or ecosystem plan and will contribute to the overall health of the ecosystem.

(c) The mitigation bank supports a diverse wetland complex that offsets cumulative primary and secondary impacts within the watershed.

(d) The mitigation credits will be used to offset the loss of wetland types that cannot readily be recreated in a manner that is consistent with the permit review criteria of the act.

(3) The service area of a mitigation bank shall be appropriate to the functions provided.

The department shall use all of the following criteria in defining the service area of a mitigation bank:

(a) Functions that are dependent upon the location of the wetland in the subwatershed shall be replaced by mitigation credits from a bank or other site within the same subwatershed.

(b) Wetland functions which are watershed dependent, but which are not specific to a subwatershed, will be replaced in the same watershed as the impact.

(c) Wetland functions, such as migratory bird habitat, that are not dependent upon location in the watershed shall be replaced either within the same watershed or within the same ecoregion.

(d) The mitigation required by an individual permit may be split so that location-specific wetland functions are replaced on site or within the same subwatershed area, while other functions are replaced through a bank that has a larger defined service area.

(4) When credits from a mitigation bank are used, the mitigation ratio shall be determined based on the nature of the permitted wetland loss in accordance with R 281.925.

**History**
- *History: 1997 AACS.*

##### **Mich. Admin. Code R 281.957** Certification and approval of mitigation credits {#sec-r-281.957 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 281.957}

Rule 7. (1) Before use of mitigation credits, the bank sponsor shall assess the establishment of wetlands in accordance with a monitoring program defined in the mitigation banking agreement and shall certify the extent to which performance standards defined in the mitigation banking agreement have been met. The design of the monitoring program shall measure the achievement of performance standards associated with the targeted wetland functions. Monitoring shall begin at least 1 year before use of credits.

Once credits in the bank are used, monitoring shall continue on an annual basis until performance standards for the full establishment of the bank are met. Monitoring parameters shall include all of the following:

(a) Hydrology.

(b) Plant community structure.

(d) Design acreage.

(e) Other measures as defined in the mitigation banking agreement.

(2) The bank sponsor shall certify that appropriate wetland functions have been established in the mitigation bank pursuant to the banking agreement by submitting a report to the department that includes all of the following information:

(a) All data collected during the monitoring program.

(b) An evaluation of the status of wetlands in the mitigation bank as compared to design criteria.

(3) The department shall approve or disapprove the certification of the bank sponsor within 60 days of receipt of the sponsor's report. The department may determine that mitigation credits cannot be approved because the wetlands have not achieved design wetland functions or because of a lack of adequate information to document wetland functions. The department's evaluation may include an on-site inspection of the mitigation bank site if deemed necessary. If the department determines that wetland conditions have been established in accordance with the mitigation banking agreement, then the department shall issue a letter to the bank sponsor approving the number and type of wetland credits that are available for use and shall list the approved credits in a mitigation bank registry as required in R 281.958.

(4) The department shall not authorize the use of credits from a mitigation bank in advance of initial restoration or creation of wetlands in the bank except as provided in R 281.960.

The department may authorize the use of approved credits from the mitigation bank in accordance with the following schedule:

(a) The use of 50% of approved mitigation bank credits will be allowed after the department determines that construction has been completed in accordance with plans and specifications included in the banking agreement and design hydrology has been achieved and maintained for at least 1 calendar year.

(b) The use of an additional 25% of total credits will be allowed when the mitigation bank wetland plant community achieves 50% of design cover based on performance standards defined in the mitigation banking agreement.

(c) The use of the final 25% of credits will be allowed when the created and restored wetlands in the bank are fully functional and meet performance standards defined in the mitigation banking agreement.

(5) If the department agrees to inclusion of preserved wetlands in a mitigation bank in accordance with R 281.954, then the bank sponsor shall provide documentation of permanent protection of the wetlands through appropriate legal instruments and shall complete and document all other steps defined in the mitigation banking agreement needed to permanently protect the preserved wetland area before department approval of the use of the credits.

(6) The department may audit a mitigation bank at any time to evaluate the status of the wetlands in the bank and to confirm the number of mitigation credits available. The department may inspect the physical premises of the bank at all reasonable times.

**History**
- *History: 1997 AACS.*

##### **Mich. Admin. Code R 281.958** Registry of mitigation bank credits {#sec-r-281.958 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 281.958}

Rule 8. (1) The department shall maintain a registry of established wetland mitigation banks and approved mitigation credits to track the generation and use of credits and to provide information to the public regarding the availability of credits. The mitigation bank registry shall include all of the following information:

(a) A general description of the bank.

(b) The total number of credits (acres) in the bank, the number previously used to meet mitigation requirements, the number offered for sale by the bank sponsor, and the number sold.

(d) The defined service area of the bank.

(e) The name and address of the bank sponsor.

(f) The date of bank establishment by mitigation banking agreement, and the date of approval of mitigation credits.

(g) An identification code for each approved mitigation bank.

(2) Within 60 days of the sale of approved mitigation bank credits, the bank sponsor shall report the sale and the per credit sale price to the department. The sale price shall not be included in the registry.

(3) The department shall list approved mitigation credits in the mitigation bank registry.

Inclusion of uplands in mitigation bank plans is encouraged and may be essential to fully meet functional goals, however, uplands will not be included in the mitigation credits available in the bank, except as provided in R 281.960.

(4) All information contained in the registry shall be readily available to the public.

**History**
- *History: 1997 AACS.*

##### **Mich. Admin. Code R 281.959** Long-term management and protection of wetland mitigation banks {#sec-r-281.959 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 281.959}

Rule 9. (1) The bank sponsor shall assure, through legally binding instruments, including leases, contracts, deed restrictions, or conservation easements, that the mitigation bank shall be maintained in perpetuity. Restrictive covenants that provide for long-term management shall be included in any lease, sale, or other conversion and shall run with the property.

(2) Long-term management is the responsibility of the mitigation bank sponsor and shall include site maintenance, monitoring of wetland conditions, remedial action needed to fully establish and maintain wetland characteristics in accordance with permit requirements, and notification of subsequent owners of limitations on the property. The bank sponsor shall submit a long term management plan as part of the mitigation banking agreement.

Responsibility for the long-term management of a wetland mitigation bank may be transferred through the sale or lease of the property or through an agreement with another person if the department approves of the transfer and if the mitigation banking agreement is amended accordingly.

(3) The bank sponsor may enter into a legal agreement with a state or local agency or a nonprofit resource management organization to manage the mitigation bank for a particular purpose as defined in the banking agreement. In this instance, the long-term management entity shall sign the banking agreement.

(4) Before the use of any credits from an approved wetland mitigation bank, the bank sponsor shall provide financial assurances in the form of a performance bond, irrevocable letter of credit, or equivalent legal instrument that is sufficient to guarantee that mitigation bank establishment, monitoring, and, if necessary, remedial action will be carried out in accordance with the mitigation banking agreement. The mitigation banking agreement shall define the form and amount of the financial assurance to be provided and shall also define the temporal limits on the financial assurances tied to the achievement of performance standards that define the establishment of a fully functional, self-sustaining wetland. If the wetland by design is not self-sustaining, that is, if maintenance is required for dikes, dams, water control structures, or other components essential to the preservation of functional wetlands on the site, then the bank sponsor shall make financial provisions for perpetual management and maintenance. A state agency that sponsors a mitigation bank may enter into a formal interagency agreement with the department to guarantee long-term protection and management of the mitigation bank instead of providing financial assurances.

**History**
- *History: 1997 AACS.*

##### **Mich. Admin. Code R 281.960** State priority wetland restoration areas {#sec-r-281.960 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 281.960}

Rule 10. (1) The department may, in cooperation with the department of natural resources, designate priority wetland restoration areas in large former wetland complexes which have been impacted by significant historic loss or degradation of wetlands and which have a high potential for successful wetland restoration. Areas so designated may include either public or private lands, but must have the potential to provide the public with vital wetland functions after ecologically sensitive restoration of wetland areas.

(2) The department shall develop a management plan for each designated priority wetland restoration area and shall consider the concerns of the department of natural resources and the potential of the area to provide critical wetland for any of the following:

(a) Habitat.

(b) Wildlife and fish production.

(d) Water quality protection.

(e) Groundwater recharge.

(f) Recreation. Management plans which impact lands administered by the department of natural resources are subject to their approval.

(3) The department may enter into partnerships with other state agencies, local units of government, or private parties to promote the restoration and protection of wetlands within a priority wetland restoration area in accordance with the management plan. The department may provide funding or in-kind services to the partnership to support the management plan.

(4) Any person may establish a wetland mitigation bank within a priority wetland restoration area. All of the general requirements that apply to mitigation banks apply to mitigation banks established in priority areas, except for the special provisions specified in subrules (5) and (6) of this rule. The department may assist in the establishment of a wetland mitigation bank by identifying state lands suitable for use in the bank or by providing technical assistance.

(5) The department may establish a mitigation bank within a priority wetland restoration area if a mitigation bank is not established by other parties within 1 year after designation of the priority wetland restoration area or if existing banks do not provide adequate capacity or wetland functions.

(6) A wetland mitigation bank established within a priority wetland restoration area may utilize any or all of the following incentives if approved by the department in the mitigation banking agreement:

(a) Up to 15% of planned wetland credits may be used before the establishment of wetland conditions if the department has approved the site plan and signed the mitigation banking agreement, the bank sponsor has obtained all state and local permits and approvals required for construction of the mitigation bank, and the bank sponsor has provided adequate financial assurances to ensure the timely establishment of wetland functions.

(b) The department may approve partial mitigation credit for uplands within the priority wetland restoration area mitigation bank that are vital to the successful functioning of wetlands in the mitigation bank. The condition of these uplands shall be protected under a conservation easement or equivalent instrument. The mitigation banking agreement shall specify the credit received for uplands based on the extent to which the uplands directly enhance or maintain the integrity of the aquatic ecosystem, but in no case shall more than 0.5 credits be authorized for each acre of upland. Not more than 10% of the total acreage for which mitigation credit is given in a mitigation bank shall be upland.

(c) The department may approve mitigation credit for the preservation of certain existing wetlands which provide exceptional functions or which represent rare wetland types, such as lakeplain wet prairie. Not more than 25% of the wetland acreage approved in a priority wetland restoration area mitigation bank shall be for the preservation of existing wetlands.

The incentives specified in this subrule do not apply to any other mitigation bank.

**History**
- *History: 1997 AACS.*

##### **Mich. Admin. Code R 281.961** Figure 1; Michigan wetland mitigation banking watersheds {#sec-r-281.961 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 281.961}

Rule 11. Figure 1 reads as follows: **** See "Figure below" ****

**History**
- *History: 1997 AACS.*

### **R 281.1301 to R 281.1313** Dam Safety

##### **Mich. Admin. Code R 281.1301** Definitions {#sec-r-281.1301 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 281.1301}

DEPARTMENT OF ENVIRONMENTAL QUALITY

LAND AND WATER MANAGEMENT

DAM SAFETY

(By authority conferred on the department of natural resources by section 57 of Act No. 300 of the Public Acts of 1989, being §281.1357 of the Michigan Compiled Laws)

Rule 1. (1) As used in these rules, "Act" means Act No. 300 of the Public Acts of 1989, being §281.1301 et seq. of the Michigan Compiled Laws.

(2) Terms defined in the act have the same meanings when used in these rules.

**History**
- *History: 1993 AACS.*

##### **Mich. Admin. Code R 281.1302** Permit applications and procedures {#sec-r-281.1302 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 281.1302}

Rule 2. (1) An application for a permit for a proposed project shall be made on a form that is prescribed and provided by the department. The application form shall be the same form that is used for other department-administered statutes that require permits at the landwater interface. Application forms may be obtained from the land and water management division or from any district or regional office of the department.

(2) An application fee for a permit to repair, alter, remove, or abandon a dam shall be submitted with the application form. Submission of an application fee for a permit to construct, reconstruct, or enlarge a dam may be deferred until plans and specifications are submitted. The fee for enlargement of a dam that is part of a mine tailings basin system shall be based on the height of the new embankment section as measured by the vertical distance from the lowest point of the embankment crest to the lowest tailings foundation elevation. The fee shall be paid by check, money order, or draft made payable to: "State of Michigan".

(3) When the proposed project includes related multiple impoundments, an applicant may apply for a single permit, but an appropriate fee shall be required for each impoundment.

(4) An application for a permit to construct a new dam, enlarge an existing dam, or reconstruct a failed dam shall be reviewed by the department in a 2-step process. The first step shall be a review of the conceptual plans to determine if the proposed project may have a significant adverse effect on public health, safety, welfare, property, or natural resources or the public trust in those natural resources. The second step shall be the review of plans and specifications to determine if the engineering design is acceptable.

(5) An application for a permit to construct a new dam, enlarge an existing dam, or reconstruct a failed dam shall include all of the following:

(a) A description and evaluation of the loss of natural resources that are associated with the project.

(b) A description of the natural resources that are associated with or created by the impoundment and how they offset the natural resources lost by the creation of the impoundment.

(c) The project assessment required pursuant to the provisions of R 281.1304. However, an assessment is not required for a permit to enlarge an existing dam when the purpose of the impoundment will remain the same as the original impoundment and the surface area of the impoundment will be increased by 10% or less.

(d) Conceptual plans that are adequate to evaluate the project's impacts on public health, safety, welfare, property, or natural resources or the public trust in those natural resources.

Conceptual plans shall include, at a minimum, all of the following:

(i) A site plan that shows all of the following:

(A) The location of the dam.

(B) The existing stream channel.

(D) Property lines.

(E) Dimensions or proper scale.

(ii) Transverse and longitudinal cross-sections through the dam that show all of the following:

(A) The spillway or spillways.

(B) Upstream and downstream water levels.

(iii) The location of all occupied dwellings within 1/4 of a mile of the proposed impoundment if the dam is new or if the impoundment elevation is changed. Projects that do not propose an impoundment elevation change are excluded from this requirement.

(iv) Ingress and egress routes for construction activities.

(6) The first step of the review shall commence once the department has received all of the following:

(a) The application form with all necessary information filled in.

(b) All additional information requested by the department that is required to evaluate the proposed activity's effects on the public health, safety, welfare, property, or natural resources or the public trust in those natural resources. Requests by the department for additional information shall be made in writing.

(d) The assessment described in R 281.1304 when required pursuant to the provisions of subrules (5) and (7) of this rule.

(e) Conceptual plans for the project as described in this subrule and subrules (5), (7), and (8) of this rule.

Engineering plans and specifications are not required for the department to complete the first step of the review.

(7) An application for a permit to abandon or remove a dam shall include all of the following:

(a) A site plan that shows all of the following:

(i) The location of the dam.

(ii) The impoundment.

(iii) The existing stream channel.

(iv) The proposed location of the stream channel.

(b) A description of the method to be employed in removing or abandoning the dam.

(c) An evaluation of the capacity of the remaining structure to pass flood flows after the proposed work is completed, including hydraulic computations to support the evaluation.

(d) An evaluation of the quantity and quality characteristics of the sediments that have accumulated in the dam impoundment.

(e) A description of the methods to be employed to control sediments during and after removing or abandoning the dam.

(f) The project assessment required pursuant to the provisions of R 281.1304.

(8) An application for a permit to repair or alter a dam shall include both of the following:

(a) A description of the proposed work, including the volumes of materials to be dredged or filled.

(b) Engineering plans and specifications for the proposed work.

(9) After receipt of an application, the department may request, in writing, from the applicant, such additional information, assessment, design calculations, records, or documents as are determined to be necessary to evaluate the proposed project.

(10) Based in part on the information provided by the applicant and in part on comments received by the department during the 20-day comment period as provided by section 23 of the act, the department shall conduct the first step of the review to determine the effects of the proposed project on public health, safety, welfare, property, or natural resources or the public trust in those natural resources and riparian rights. The department shall make 1 of the following determinations:

(a) The proposed activity is permitable as submitted.

(b) The proposed activity is permitable if certain described modifications are made.

(11) An application for a permit shall not be considered complete until the assessment required in R 281.1304 has been completed and the department has received all of the following:

(a) All information that is requested on the application form.

(b) Any other information that is required by written notice from the department.

(d) Acceptable conceptual plans and specifications. The department shall grant or deny a permit within 60 days after the submission of a complete application or within 120 days after the submission of a complete application if a public hearing is held.

(12) An application shall be considered to be withdrawn and the file for the application shall be closed if an applicant fails to respond to any written inquiry or request from the department within 30 days of the request. If the applicant cannot provide the specific information that the department requests within the 30-day period, the applicant may keep the application open by advising the department, in writing, within the 30-day period, of when the information can be submitted. The applicant's proposed deadline shall be reasonable. If the information is not provided by the applicant's deadline, the application shall then be closed.

(13) The department shall advise an applicant of its determination. If an activity is permitable as submitted or is permitable if modified, the department shall then review engineering plans and specifications. If the department has not yet received required application fees or engineering plans and specifications, the department shall request the fees or plans and specifications at the time an applicant is advised of the department's determination.

(14) When the department determines that engineering plans and specifications are acceptable, a permit shall be issued or, if a permit has already been issued, the applicant shall be notified, in writing, that plans and specifications are acceptable and the project may commence. If the engineering plans and specifications are determined to be unacceptable, the department shall advise the applicant of why the plans and specifications are unacceptable and provide a concise written statement explaining how the plans and specifications may be corrected.

**History**
- *History: 1993 AACS.*

##### **Mich. Admin. Code R 281.1303** Permit conditions {#sec-r-281.1303 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 281.1303}

Rule 3. (1) A permit shall provide that the work authorized by the permit shall be completed within a specified time period, which shall not be more than 2 years after the date that the permit is issued. Extensions of time of up to 2 years each may be granted by the department for good cause shown by the applicant. An administrative fee shall not be required for an application for extensions of time.

(2) A permit does not obviate the necessity of receiving approval from the United States army corps of engineers, when applicable, the state department of public health, or a local unit of government, when applicable, including a local unit of government that is responsible for administering the provisions of Act No. 245 of the Public Acts of 1970, as amended, being §281.631 et seq. of the Michigan Compiled Laws, and Act No.347 of the Public Acts of 1972, as amended, being §282.101 et seq. of the Michigan Compiled Laws.

(3) The department shall not issue a permit, except for a permit pursuant to the provisions of section 25(2) of the act or a permit under a minor project category, until 20 days after the mailing of the list to each eligible subscriber as provided for in sections 21(1) to (3) and 23(1) of the act.

(4) Upon request, the department shall provide any person with a copy of a permit application and supporting documents pursuant to the provisions of Act No. 442 of the Public Acts of 1976, as amended, being §15.231 et seq. of the Michigan Compiled Laws.

(5) If the mitigation proposed in a mitigation plan that is submitted by an applicant is approved by the department, the department may incorporate the mitigation actions as permit conditions for the improvement of the existing resources or the creation of a new resource to offset resource losses that result from the proposed project.

(6) A temporary emergency action plan may be required by permit condition which would be effective during, and applicable to, the construction period.

**History**
- *History: 1993 AACS.*

##### **Mich. Admin. Code R 281.1304** Project assessment {#sec-r-281.1304 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 281.1304}

Rule 4. (1) In each application for a permit as required pursuant to the provisions of R 281.1302, (5) and (7), an assessment of all known existing and potential adverse effects within the scope of the project shall be provided by the applicant and reviewed by the department to determine whether the project will have a significant adverse effect on public health, safety, welfare, property, or natural resources or the public trust in those resources.

This assessment shall include evaluations of both positive and negative impacts of the project commensurate with the scope of the project and mitigating measures to minimize impacts on all of the following:

(a) Wetlands.

(b) Fisheries.

(d) Threatened and endangered species.

(e) Water quality.

(f) Streamflows.

(g) Sediment transport.

(h) Turbidity.

(i) Water chemistry.

(j) Water temperature.

(k) Riparian rights. The assessment shall include impacts of the impoundment on the stream below the impoundment and shall address impacts both during construction and after completion of the project.

(2) If the department determines that more detailed study is needed, it may require the applicant to provide the additional information or cause such a study to be made. The department shall state, with specificity, in writing, the requirements or criteria for such additional information or study. All available data shall be evaluated by the department in its review of an application for a permit.

**History**
- *History: 1993 AACS.*

##### **Mich. Admin. Code R 281.1305** Engineering plans and specifications {#sec-r-281.1305 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 281.1305}

Rule 5. (1) Engineering plans and specifications for the construction of new dams, the reconstruction of failed dams, or the enlargement of dams shall be prepared by a licensed professional engineer, be submitted to the department, be approved by the department before the commencement of construction, and include, at a minimum, all of the following:

(a) A map that shows the location of the project and a topographic map of the dam site and impoundment area. Mapping shall show all of the following:

(i) Maximum flood storage elevations of the impoundment.

(ii) Property boundaries of the site, including flowage easements.

(iii) Borrow area or areas.

(iv) Ingress and egress routes.

(v) Work limits.

(b) Detailed design plans that show all of the following:

(i) A profile along the centerline of the embankment and the spillway or spillways.

(ii) Cross-sections of the dam at representative locations that show suitable detail of the upstream and downstream slopes and crest.

(iii) The findings of investigations and analyses of embankment and foundation materials, including the locations of soil borings, soil boring logs, and proposed foundation treatment.

(iv) Other drawings that are necessary to fully depict the project as determined by the department upon consultation with the applicant.

(v) Other analyses that are necessary to document the adequacy of the design of the structure and protection of natural resources, public safety, and public trust as determined by the department upon consultation with the applicant.

(d) Technical specifications related to the scope of work for the dam and appurtenant structures. Specifications shall reference nationally recognized and acceptable engineering specifications.

(2) Engineering plans and specifications for the repair, alteration, removal, or abandonment of a dam, with the exception of minor alteration or repair projects, shall be prepared by a licensed professional engineer, be submitted to the department, and be approved by the department before commencement of construction. Plans and specifications for repair and alteration shall include sufficient detail and analyses for the department to determine whether the proposed activity adequately protects the structural integrity of the dam. Plans and specifications for removal and abandonment of a dam shall include sufficient detail and analyses for the department to determine whether the proposed activity adequately protects natural resources, public safety, and the public trust.

(3) The hazard potential classification and spillway design flood determination of a dam site shall be determined by the department. The department may require the applicant to provide additional information for the department's use in these determinations. Spillway capacity requirements are fulfilled if the specified design flood is stored in the impoundment, attenuated in the impoundment system, or passed through the spillway.

(4) When mitigation for the loss of natural resources is required for a proposed activity, plans and specifications for the mitigation may be required.

**History**
- *History: 1993 AACS.*

##### **Mich. Admin. Code R 281.1306** Minor project categories {#sec-r-281.1306 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 281.1306}

Rule 6. (1) The department shall grant or deny an application for a minor project after all of the following steps have been completed:

(a) Submission of a complete application.

(b) An on-site inspection by a department representative.

(2) A review of a minor project does not require any of the following:

(a) Submission of the application materials by the department to any of the individuals or agencies listed in section 23(1) of the act.

(b) A 20-day comment period as provided for in section 23 of the act.

(3) Required plans and specifications for a minor project do not need to be prepared by a licensed professional engineer.

(4) The following alterations and repairs shall be considered minor projects pursuant to section 27 of the act if the activity involves a temporary drawdown of 2 feet or less or involves a temporary drawdown where the dam owner is the sole riparian to the lands surrounding the impoundment:

(a) Dredging or filling of more than 25 cubic yards, but less than 300 cubic yards, as a single and complete project. For dredging projects, the project will not be considered minor unless evidence is provided with the application that the materials to be dredged are not contaminated pursuant to the provisions of Act No. 64 of the Public Acts of 1979, as amended, being §299.501 et seq. of the Michigan Compiled Laws.

(b) Erosion protection measures that fulfill an identifiable need for erosion protection, bank stabilization, or the protection or improvement of the dam and its inlet and outlet channels. The fill material that is associated with erosion protection measures shall be in compliance with any of the following provisions:

(i) It shall have a volume of more than 25 cubic yards, but shall not have a volume of more than 300 cubic yards.

(ii) It shall not have a surface area of more than 10,000 square feet.

(iii) There shall not be more than 2 cubic yards per lineal foot.

(5) Dredging or filling in volumes of less than 25 cubic yards shall be considered maintenance and does not require a permit pursuant to the provisions of the act.

**History**
- *History: 1993 AACS.*

##### **Mich. Admin. Code R 281.1307** Performance bonds {#sec-r-281.1307 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 281.1307}

Rule 7. (1) As authorized by the provisions of section 31(5) of the act, a permit to construct a new dam or reconstruct a failed dam may require a performance bond. A performance bond may be in the form of any of the following:

(a) A surety bond.

(b) A secured trust fund.

(d) Insurance.

(e) A financial test.

(f) A corporate guarantee.

(g) Another suitable instrument or mechanism.

(h) A combination of the items listed in subdivisions (a) to (g) of this subrule as approved by the department. The department shall consider an applicant's past performance in determining if a performance bond shall be required.

(2) The performance bond shall be secured and documentation shall be submitted to the department before the commencement of construction. The bond, instrument, mechanism, or fund or combination of these methods of assurance shall be in the amount equal to a reasonable estimate of the cost, adjusted for inflation, that is required to adequately complete a project or remove a completed or partially completed dam and to provide for complete or partial restoration of a project site. Performance bonds may be required in the following instances if there is a reasonable possibility that the permittee may not complete the project:

(a) Where total project completion is essential for the protection of public health, welfare, or safety or to protect natural resources and the public trust in those natural resources.

(b) For temporary dams or dams that are constructed or reconstructed for a specific purpose and period of time after which removal is planned.

(c) For phased construction projects where dam construction or reconstruction is an integral and necessary part of the total project and is to be phased in over a number of years.

(d) Projects to be constructed in the future to mitigate the loss of natural resources or environmental degradation.

**History**
- *History: 1993 AACS.*

##### **Mich. Admin. Code R 281.1308** Project completion explained {#sec-r-281.1308 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 281.1308}

Rule 8. Pursuant to the provisions of section 35(1)(a) of the act, completion of a new, reconstructed, enlarged, repaired, or altered dam occurs when all the work depicted on all approved drawings and all specification requirements have been accomplished and all permit conditions have been implemented before the expiration of a permit.

**History**
- *History: 1993 AACS.*

##### **Mich. Admin. Code R 281.1309** Inspection schedule {#sec-r-281.1309 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 281.1309}

Rule 9. Inspection reports that are prepared pursuant to the provisions of R 281.1310 are due on a calendar year basis. The department shall notify the dam owner of the due date, by certified mail, not later than January 31 of the year in which the inspection report is due.

In establishing an inspection schedule, as authorized pursuant to the provisions of section 37(2) of the act, the department shall compile an alphabetical listing of dams in each hazard potential classification of high, significant, and low. The inspection schedule shall be established based on the following provisions:

(a) For high hazard potential dams, every third dam in the alphabetical listing of these dams shall be inspected each year as follows:

(i) The first, fourth, seventh, tenth, and so on dam in the alphabetical listing will be due for inspection the first year.

(ii) The second, fifth, eighth, eleventh, and so on dam in the alphabetical listing will be due for inspection the second year.

(iii) The third, sixth, ninth, twelfth, and so on dam in the alphabetical listing will be due for inspection the third year.

(iv) The cycle shall be repeated every 3 years.

(b) For significant hazard potential dams, every fourth dam in the alphabetical listing of these dams shall be inspected each year as follows:

(i) The first, fifth, ninth, thirteenth, and so on dam in the alphabetical listing shall be due for inspection the first year.

(ii) The second, sixth, tenth, fourteenth, and so on dam in the alphabetical listing shall be due for inspection the second year.

(iii) The third, seventh, eleventh, fifteenth, and so on dam in the alphabetical listing shall be due for inspection the third year.

(iv) The fourth, eighth, twelfth, sixteenth, and so on dam in the alphabetical listing shall be due for inspection the fourth year.

(v) The cycle shall be repeated every 4 years.

(c) For low hazard potential dams, every fifth dam in the alphabetical listing of these dams shall be inspected each year as follows:

(i) The first, sixth, eleventh, sixteenth, and so on dam in the alphabetical listing shall be due for inspection the first year.

(ii) The second, seventh, twelfth, seventeenth, and so on dam in the alphabetical listing shall be due for inspection the second year.

(iii) The third, eighth, thirteenth, eighteenth, and so on dam in the alphabetical listing shall be due for inspection the third year.

(iv) The fourth, ninth, fourteenth, nineteenth, and so on dam in the alphabetical listing shall be due for inspection the fourth year.

(v) The fifth, tenth, fifteenth, twentieth, and so on dam in the alphabetical listing shall be due for inspection the fifth year.

(vi) The cycle shall be repeated every 5 years.

(d) Depending on its hazard potential classification, a new, reconstructed, or enlarged dam shall be scheduled for inspection 3, 4, or 5 years after the date of written notice of final project approval as required pursuant to the provisions of section 35(2) of the act or 3, 4, or 5 years after the expiration date of the permit if final approval cannot be granted.

The cycle shall be repeated every 3, 4, or 5 years according to the dam's hazard potential classification.

(e) If the hazard potential classification of a dam changes, its next inspection shall be scheduled based on the date of its previous inspection and the cycle of inspections required for the new hazard potential rating.

(f) If an existing dam is discovered that falls under the authority of the act, it shall be added to the end of the appropriate alphabetical listing, and its first inspection shall be scheduled based on the system described in subdivisions (a) to (c) of this rule. If the department determines that a condition may exist that endangers the dam, an inspection shall be required immediately.

(g) The department may alter the inspection schedule in consideration of the dates of recent inspections and department-permitted and approved repairs and alterations.

(h) Owners of more than 1 dam may request that the department schedule their inspection reports to be due the same year if the dams have the same hazard potential classification.

**History**
- *History: 1993 AACS.*

##### **Mich. Admin. Code R 281.1310** Inspection reports {#sec-r-281.1310 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 281.1310}

Rule 10. (1) Inspection reports shall include all of the information required in section 37(3) of the act.

(2) An inspection report shall include all of the following parts:

(a) A title sheet that includes all of the following information:

(i) The name of the dam.

(ii) The inventory identification number.

(iii) The county and river or stream where the dam is located.

(iv) The owner's and operator's names, addresses, and telephone numbers.

(v) The hazard potential classification.

(vi) The names of inspectors.

(vii) The date of inspection.

(viii) The name, address, registration number, and signature of the licensed professional engineer who is in charge of the inspection report.

(b) A conclusions and recommendations section that includes all of the following information:

(i) An evaluation of the dam's overall condition and a summary of the findings of the field inspection and analyses contained in the report.

(ii) Identification of any deficiencies that, if left uncorrected, could lead to the failure of the dam.

(iii) Prioritization of recommendations to correct observed deficiencies or operation and maintenance items for the dam.

(iv) Recommendations for further detailed studies or investigations, including an assessment of the adequacy of the current hazard potential classification if appropriate.

(i) A description of the dam, outlet, spillway, and other principal features, together with pertinent data.

(ii) The purpose of the dam.

(iii) A summary of available design, geotechnical, maintenance, construction, repair, and alteration information and operating history.

(iv) A reference to past inspection reports.

(v) The date of construction, if known.

(d) A field inspection section that briefly describes the physical condition of the principal features of the dam and appurtenant structures, including the impoundment level, as they were observed during the field inspection.

(e) A structural stability section that includes a visual assessment of the stability of the dam on the basis of available data, together with the observations of the field inspection and the results of any calculations performed.

(f) A hydrologic and hydraulic section that includes an evaluation of spillway adequacy, including a description of pertinent available information, such as any of the following:

(i) Hydrologic design data provided by the department.

(ii) Drainage area.

(iii) Floods of record.

(iv) Previous evaluations.

(g) An operation and maintenance section that includes all of the following:

(i) An assessment of operating equipment and procedures.

(ii) Evaluation of the current maintenance plan.

(h) Appendices that include all of the following:

(i) A map that shows the location of the dam.

(ii) Engineering plans of the dam, if available, or sketches of the dam and its principal parts, including a plan view and cross sectional views of pertinent features. If there have been changes to the dam since the submittal of previous plans or sketches, supplemental plans or sketches that depict the changes shall be submitted. If engineering plans or sketches have been submitted in a previous inspection report and if there have been no changes to the dam, it is not necessary to submit duplicate plans or sketches in subsequent reports.

(iii) Photographs of the dam, downstream channel, and deficiencies cited in the report.

**History**
- *History: 1993 AACS.*

##### **Mich. Admin. Code R 281.1311** Emergency action plans {#sec-r-281.1311 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 281.1311}

Rule 11. (1) An emergency action plan for a high or significant hazard potential dam shall be submitted to the county or local emergency management coordinator for review for consistency with county or local emergency operations plans and the Michigan emergency preparedness plan. An emergency action plan for an existing dam shall be submitted to the department with documentation that the plan has been submitted to the county or local emergency management coordinator not later than the time that the first inspection report for the dam is due or at another time agreed to by the department. An emergency action plan for a newly constructed dam shall be submitted to the department with documentation that the plan has been submitted to the county or local emergency management coordinator not later than the date of expiration of the permit for construction of the dam, including any extensions of time for completion.

(2) At the time subsequent inspection reports are due, the owner shall determine if the plan is up to date. The owner shall advise the department of the findings of this review and shall submit any revisions to the department and to the county or local emergency management coordinator.

(3) The emergency action plan shall include a description of the circumstances under which it shall be activated, what actions shall be taken, and who shall be responsible to take those actions when the plan is activated.

(4) The emergency action plan shall include the name, address, and telephone number of all of the following entities:

(a) The person who is responsible for the operation of the dam.

(b) The alternate person who is responsible for the operation of the dam.

(5) The emergency action plan shall include either of the following:

(a) A listing of occupied facilities, buildings, and residences that may be threatened with flooding due to the failure of the dam.

(b) Mapping that is adequate to clearly delineate the areas of potential inundation resulting from a failure of the dam. The degree of detail for mapping or listings shall be determined through consultations between the dam owner and the appropriate emergency services agencies that are responsible for implementing the emergency action plan.

**History**
- *History: 1993 AACS.*

##### **Mich. Admin. Code R 281.1312** Administrative monetary penalties {#sec-r-281.1312 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 281.1312}

Rule 12. (1) As authorized pursuant to the provisions of section 51(8) of the act, an administrative penalty of not more than $500.00 per day may be assessed to a person as set forth in the schedule in subrule (2) of this rule for any of the following reasons:

(a) Violation of any or all of the conditions of a minor project permit that is issued pursuant to the provisions of section 27 of the act.

(b) Failure to submit an inspection report as required pursuant to the provisions of section 37 of the act.

(c) Failure to provide a more detailed investigation or evaluation of certain dam features as required by section 37(5) of the act.

(d) Failure to comply with a first department order to limit dam operations as authorized pursuant to the provisions of section 39(1) of the act where significant impairment of resources has not resulted.

(e) Failure to notify the department and affected off-site public authorities and safety agencies, pursuant to the provisions of section 41(1) of the act, of any flood or unusual circumstance or occurrence, within 24 hours of the circumstance or occurrence, that endangers the safety of a dam, but where significant damage to property or natural resources does not occur.

(f) Failure to notify the department of actions taken in response to emergency conditions pursuant to the provisions of section 41(2) of the act.

(g) Failure to comply with the provisions of an emergency order that relates to any of the following as authorized pursuant to the provisions of section 43(2) of the act:

(i) Maximum drawdown levels and discharge rates.

(ii) Conducting required sediment surveys, water quality sampling, or monitoring.

(iii) Any other requirement where significant impairment of resources has not resulted.

(h) Failure to prepare, keep current, and submit to the department an emergency action plan as required pursuant to the provisions of section 47 of the act.

(i) Failure to comply with a first order to comply with permit conditions or to restore the site affected to its original condition pursuant to the provisions of section 49(1) of the act.

(j) Violation of any of the following permit conditions:

(i) Failure to supply data or information.

(ii) Failure to provide required minimum flow releases where significant impairment of resources has not resulted.

(iii) Violation of any permit condition where significant impairment of resources has not occurred.

Each violation and act of noncompliance and each day such a violation or act occurs or continues to occur will be considered a separate violation.

(2) The following administrative penalty schedule shall apply for noncompliance or violations as set forth in subrule (1) of this rule:

(a) First through the fifth day the violation occurs - not more than $100.00 per day.

(b) Sixth through the tenth day the violation occurs - not more than $200.00 per day.

(d) Sixteenth through the twentieth day the violation occurs - not more than $400.00 per day.

(e) Twenty-first day until the violation is resolved - not more than $500.00 per day.

(3) All administrative penalties will be assessed by written notice from the department.

The notice shall state the specific reasons for the penalty, the number of days the department considers the person in violation, and the total amount due based on the schedule in subrule (2) of this rule.

(4) If so requested, the department shall provide a person, subject to the administrative penalty provisions of section 51(8) of the act, an opportunity for a hearing pursuant to the provisions of Act No. 306 of the Public Acts of 1969, as amended, being §24.201 et seq. of the Michigan Compiled Laws.

(5) Notice of intent to assess administrative penalties pursuant to section 51(8) of the act shall be given either through written notice by certified mail or personal service on the person by the director, his or her designated representative, or a peace officer.

(6) Penalties that are administered pursuant to the provisions of section 51(8) of the act may be in addition to any other penalties or remedies authorized by the act or its rules.

**History**
- *History: 1993 AACS.*

##### **Mich. Admin. Code R 281.1313** Dams exempt from rules {#sec-r-281.1313 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 281.1313}

Rule 13. A dam is exempt from these rules if it is exempt from the act pursuant to the provisions of section 13(2) and (3) of the act.

**History**
- *History: 1993 AACS.*

## **Remediation and Redevelopment Division** Remediation and Redevelopment Division

### **R 299.1 to R 299.50** Cleanup Criteria Requirements for Response Activity

##### **Mich. Admin. Code R 299.1** Definitions; A to I {#sec-r-299.1 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.1}

DEPARTMENT OF ENVIRONMENT, GREAT LAKES, AND ENERGY

REMEDIATION AND REDEVELOPMENT DIVISION

ENVIRONMENTAL CONTAMINATION RESPONSE ACTIVITY

(By authority conferred on the director of the department of environment, Great Lakes, and energy by sections 20104, and 20120a of the natural resources and environmental protection act, 1994 PA 451, MCL 324.20104 and 324.20120a)

CLEANUP CRITERIA REQUIREMENTS FOR RESPONSE ACTIVITY

Rule 1. As used in this part:

(a) “Act” means 1994 PA 451, MCL 324.101 to 324.90106, known as the Natural Resources and Environmental Protection Act.

(b) "Acute toxicity" means the ability of a hazardous substance to cause a debilitating or injurious effect in an organism as a result of a single or short-term exposure.

(d) “Applicable criterion” means a cleanup criterion for a relevant pathway. A criterion is not an applicable criterion if the exposure pathway is not a relevant pathway at the facility or if the exposure it addresses is reliably restricted by a restrictive covenant or institutional control or other mechanism allowed for under part 201 of the act and these rules.

(e) “Aquifer” means a geological formation, group of formations, or part of a formation capable of yielding a significant amount of groundwater to wells or springs.

(f) "Best available information" means, when used in relation to a risk assessment or the development of cleanup criteria, the most scientifically credible and relevant data available about a particular hazardous substance. Such information may include, but is not limited to, any of the following:

(i) The peer reviewed scientific literature.

(ii) Information sources recognized by the risk assessment community, such as the integrated risk information system database maintained by the United States environmental protection agency or other scientifically reliable databases.

(iii) Other scientific studies that are acceptable to the department.

(g) “Cancer slope factor” means a plausible upper-bound estimate of the probability of a response per unit dose of a hazardous substance over a lifetime. The cancer slope factor is used to estimate an upper bound probability of an individual developing cancer as a result of a lifetime exposure to a particular level of a potential carcinogen.

(h) "Carcinogen" means a hazardous substance which, based on the weight of evidence, causes an increased incidence of benign or malignant neoplasms in animals or humans or that substantially decreases the time in which neoplasms develop in animals or humans.

(i) "Chronic toxicity" means the ability of a hazardous substance to cause an injurious or debilitating effect in an organism that results from repeated exposure to the hazardous substance for a time period representing a substantial portion of the natural life expectancy of the organism.

(j) “C sat ” means the concentration in soil at which the solubility limits of the soil pore water, the vapor phase limits of the soil pore air, and the absorptive limits of the soil particles have been reached. As used in these rules, C sat is a theoretical threshold above which a free-phase liquid (non-aqueous phase liquid) hazardous substance may exist.

(k) “Direct contact” means exposure to hazardous substances through ingestion or dermal contact.

(l) “Generic residential” means the cleanup criteria established by the department under section 20120a(1)(a) of the act and these rules.

(m) “Groundwater” means water below the land surface in a zone of saturation.

(n) "Increased cancer risk of 1 in 100,000" means the 95% upper bound on the calculated risk of 1 additional cancer above the background cancer rate per 100,000 individuals continuously exposed to a carcinogen at a given average daily dose for a 70-year lifetime.

(o) “Inhalation unit risk factor” means the additional lifetime cancer risk occurring in a population in which all individuals are exposed continuously for life to a concentration of 1 microgram per cubic meter of the hazardous substance in the air they breathe. The inhalation unit risk factor shall be calculated under the provisions of part 55 of the act and the rules promulgated under that part.

(p) “Initial threshold screening level” means a concentration in air of a toxic air contaminant which is used to evaluate noncarcinogenic health effects and is calculated under part 55 of the act and the rules promulgated under that part.

(q) “Institutional control” means a measure which is approved by the department, which takes a form other than a restrictive covenant, and which limits or prohibits certain activities that may interfere with the integrity or effectiveness of a remedial action or result in exposure to hazardous substances at a facility, or which provides notice about the presence of a hazardous substance at a facility in concentrations that exceed only an aesthetic-based cleanup criterion.

(r) "Ionizing organic hazardous substance" means an organic hazardous substance that has functional chemical groups that become ions when exposed to varying pH conditions.

**History**
- *History: 2013 AACS.*

##### **Mich. Admin. Code R 299.2** Definitions; L to V {#sec-r-299.2 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2}

Rule 2. As used in this part:

(a) “Land or resource use restrictions” means the provisions of any of the following measures that are used to limit or prohibit activities that may interfere with the integrity or effectiveness of a response activity, or to limit or prohibit activities that may result in exposure to hazardous substances at a facility, or to provide notice about the presence of a hazardous substance at a facility in concentrations that exceed only an aesthetic-based cleanup criterion:

(i) A restrictive covenant.

(ii) A notice of approved environmental remediation.

(iii) An institutional control, which may be a local ordinance or any form of preapproved institutional control, such as a notice of aesthetic impact.

(b) "Leachate" means liquid, including any suspended components in the liquid, that has percolated through or drained from a hazardous substance or soil contaminated with a hazardous substance.

(c) "Linearized multistage model" means a dose-response model which assumes that there are a number of distinct biological stages or changes that must occur for a normal cell to be transformed into a tumor and which assumes the dose-response relationship to be linear at low doses.

(d) “Notice of aesthetic impact” means a document that describes conditions at a facility that result from the presence of hazardous substances at concentrations which exceed only cleanup criteria that are based on aesthetic impacts.

(e) "Reference dose" or "RfD" means a conservative estimate of the daily intake of the human population, including sensitive subgroups, that is likely to be without appreciable risk of deleterious effect during a lifetime. The reference dose is expressed in units of milligrams per kilogram body weight per day.

(f) “Relative source contribution factor” or “RSC” means that portion of a person’s total daily intake of a noncarcinogenic hazardous substance that comes from the medium being addressed by the cleanup criterion.

(g) “Relevant pathway” means an exposure pathway that is reasonable and relevant because there is a reasonable potential for exposure to a hazardous substance to occur to a human or nonhuman receptor. The components of an exposure pathway are a source or release of a hazardous substance, an exposure point, and, if the exposure point is not the source or point of release, a transport medium. The existence of a municipal water supply, exposure barrier, or other similar feature does not automatically make an exposure pathway irrelevant.

(h) "Risk assessment" means the analytical process used to determine the risk to the public health, safety, or welfare or to the environment associated with a release or threat of release of a hazardous substance at a facility.

(i) "Secondary maximum contaminant level" means the United States environmental protection agency's secondary maximum contaminant level for protection of the public welfare for substances that may adversely affect the taste, odor, color, appearance, or any aesthetic quality of drinking water, as set forth in 40 C.F.R. part 143 (revised as of July 1, 2012), which is adopted by reference in these rules and which is available for inspection at the Lansing office of the department, 525 West Allegan Street, Lansing, Michigan. Copies of the provisions may be purchased, at a cost as of the time of adoption of these rules of $55.00, from the Superintendent of Documents, Government Printing Office, Washington, DC 20401 (Stock Number 869-044-00152-7), or from the Department of Environmental Quality, Remediation and Redevelopment Division, 525 West Allegan Street, Lansing, Michigan 48933, at cost.

(j) "Toxicological interaction" means simultaneous exposure to 2 or more hazardous substances which will produce a toxicological response that is greater or less than their individual responses.

(k) "Weight of evidence," a term of art used in risk assessment, means an evaluation of the relevant scientific data conducted to determine the likelihood that a hazardous substance is a human carcinogen or causes noncancer adverse health effects, or both. The evaluation may include any of the following information in addition to toxicological bioassays:

(i) Structure-activity relationships.

(ii) chemical-physical properties.

(iii) Short-term test findings.

(iv) Results of appropriate physiological, biological, and toxicological observations.

(v) Comparative metabolism and pharmacokinetic studies.

(l) “Volatile” means any compound that exhibits a Henry’s law constant equal to or greater than 0.00001 atmosphere-cubic meter per mole at standard temperature and pressure.

**History**
- *History: 2013 AACS.*

##### **Mich. Admin. Code R 299.3** Response activities; protection of public health, safety, welfare, and environment required; rules applicable to interim response actions designed to meet cleanup criteria; degree of cleanup; modification of cleanup category; aquifers; unacceptability of response activity plan {#sec-r-299.3 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.3}

Rule 3. (1) All response activities shall be protective of the public health, safety, and welfare and the environment. Applicable generic cleanup criteria established by the department pursuant to section 20120a(1) and site specific cleanup criteria approved by the department under section 20120a(2) and 20120b of the act and these rules reflect the department’s judgment, at the time the criteria are established or approved by the department, about the numerical criteria required to meet this protectiveness requirement, subject to the provisions of R 299.4(3), R 299.28, and R 299.34(2).

(2) The rules in this part apply to interim response activities that are designed to meet cleanup criteria. References in this part to response activity also include those interim response activities.

(3) The category of land use-based remedial action under section 20120a(1) of the act or the site-specific cleanup criteria identified under sections 20120a(2) and 20120b of the act may be modified by the person proposing to conduct the response activity that will result in modification during implementation or after completion of a remedial action, if appropriate to the facility and if that modification is accomplished in a manner that is consistent with the act and these rules.

(4) If a revised land use-based remedial action includes characteristics that are required to be approved by the department, then the person implementing the change shall seek department approval as required by part 201 of the act and these rules.

(5) The horizontal and vertical extent of hazardous substance concentrations in an aquifer above the higher of either the concentration allowed by section 20120a(1)(a) or (10) of the act, as applicable, shall not increase after the initiation of remedial actions to address an aquifer, except as approved by the director as provided in section 20118(5) and (6) of the act.

(6) All remedial actions that address the remediation of an aquifer shall provide for removal of the hazardous substance or substances from the aquifer, either through active remediation or as a result of naturally occurring biological or chemical processes which can be documented to occur at the facility, except as provided in section 20118(5) and (6) of the act.

**History**
- *History: 2013 AACS.*

##### **Mich. Admin. Code R 299.4** General requirements for application of cleanup criteria {#sec-r-299.4 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4}

Rule 4.(1) All cleanup criteria used in response activity undertaken under part 201 of the act and these rules shall be based on best available information.

(2) The generic cleanup criteria developed by the department using the algorithms presented in these rules are derived primarily from data that reflect chronic toxicity endpoints. If a hazardous substance has a more sensitive toxic effect than those associated with the chronic toxicity data used to calculate a generic criterion, then a criterion shall be developed to address the most sensitive effect. The generic cleanup criteria established by the department shall be accepted as protective of the most sensitive toxic effect in a given exposure pathway for the hazardous substance in question.

(3) If the department has not calculated a criterion for a hazardous substance for a given exposure pathway, then the person proposing or implementing the response activity shall supply the necessary data for the department to calculate a criterion or establish a criterion under subrule (4) of this rule, unless the department determines that a numerical criterion is not required to assure that a given response activity will be protective.

(4) A generic or site-specific cleanup criterion may be established by the department based on best professional judgment instead of a calculation based on minimum toxicity data for a specific hazardous substance when the minimum toxicity data are not available for that hazardous substance, but data of sufficient quality are available to show that the hazardous substance in question can be adequately assessed by comparison to the toxicity of another hazardous substance for which sufficient data are available. A criterion may be established by the department in this manner when the hazardous substances are expected by the department to have similar fate and toxicity.

**History**
- *History: 2013 AACS.*

##### **Mich. Admin. Code R 299.6** Generic cleanup criteria; toxicological and chemical-physical properties; use of generic cleanup criteria as risk based screening levels; procedure for developing additional generic criteria {#sec-r-299.6 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.6}

Rule 6. (1) Except as provided in subrules (9), (10) and (11) of this rule, generic groundwater cleanup criteria for the residential and nonresidential categories shall be the values shown in table 1 of R 299.44. If a generic groundwater cleanup criterion is higher than the flammability and explosivity screening level shown in table 1 of R 299.44, then the person proposing or implementing response activity shall document whether additional response activity is required to protect against the acute hazard.

(2) Except as provided in subrules (9), (10), and (11) of this rule, generic soil cleanup criteria for the residential category shall be the values shown in table 2 of R 299.46. If soil concentrations are greater than C sat , then the person proposing or implementing response activity shall evaluate whether additional response activity is required to control free-phase liquids or to protect against risks associated with free-phase liquids that are not accounted for in development of the generic criteria.

(3) Except as provided in subrules (9), (10), and (11) of this rule, generic soil cleanup criteria for the nonresidential category shall be the values shown in table 3 of R 299.48.

(4) The generic cleanup criteria shown in R 299.44, R 299.46, and R 299.48 and identified under subrule (12) of this rule may be used and known as risk-based screening levels for corrective actions required under part 213 of the act.

(5) Generic cleanup criteria under R 299.44, R 299.46, and R 299.48 are based on the target detection limit or background concentration in the following cases:

(a) If a calculated cleanup criterion is less than the target detection limit for that hazardous substance in a given medium, then the target detection limit is the cleanup criterion.

Criteria to which this subdivision applies are designated with a footnote in the criteria tables.

(b) A background concentration may be substituted for a generic cleanup criterion when the background concentration is higher than a criterion shown in R 299.44, R 299.46, or R 299.48.

(6) If a hazardous substance imparts adverse aesthetic characteristics to groundwater at a concentration less than the health-based criterion for that hazardous substance, then the aesthetic-based criterion derived under R 299.9 is shown as the drinking water criterion in the table of generic cleanup criteria in R 299.44 and designated with a footnote.

(7) Except as provided in section 20120a(9) of the act, R 299.49(1)(l), and R 299.49(1)(o), the toxicological and physical-chemical input values used by the department to derive generic cleanup criteria with the equations and default assumptions provided in R 299.10, R 299.14, R 299.20, R 299.22, R 299.24, and R 299.26 are shown in table 4 of R 299.50.

(8) Toxicological and chemical-physical data in table 4 of R 299.50, if available, shall be used in conjunction with the equations and default assumptions that appear in these rules for the development of generic cleanup criteria under subrules (9) or (10) of this rule, except as provided in section 20120a(9) of the act, R 299.49(1)(l), and R 299.49(1)(o).

(9) For a substance that is not listed in the cleanup criteria tables in R 299.44, R 299.46, or R 299.48, the department may determine if the substance is a hazardous substance using best available information about the toxicological and physical-chemical properties of that substance and use that information to develop a generic or site-specific cleanup criterion.

(10) For a substance that is listed in the cleanup criteria tables in R 299.44, R 299.46, or R 299.48, if the department obtains sufficient information to support calculation of a cleanup criterion which is designated in the cleanup criteria tables or table 4 of R 299.50 with a footnote “ID” or “NA,” the department shall use best available information to calculate a cleanup criterion for the hazardous substance.

(11) If a new state drinking water standard is established or a state drinking water standard is changed after the effective date of this rule, the drinking water standard in effect under section 5 of 1976 PA 399, MCL 325.1005, shall become the generic residential cleanup criterion under R 299.44, as provided in section 20120a(5) of the act.

(12) If a generic cleanup criterion is developed under subrule (9) or (10) of this rule, or modified under subrule (11) of this rule, the department shall make the new toxicological and physical-chemical data and criterion available by announcing it on the department’s internet web site, and by publishing notice of the change in the department calendar, or by such other means that effectively notifies interested persons. The new criterion shall take effect when published and announced by the department as required in this rule. The new data and resulting cleanup criterion shall remain effective and be used as required under these rules until the department promulgates revised data and criteria pursuant to administrative procedures act, 1969 PA 306, MCL 24.201 to 24.328.

**History**
- *History: 2013 AACS.*

##### **Mich. Admin. Code R 299.8** Groundwater cleanup criteria generally {#sec-r-299.8 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.8}

Rule 8. (1) Except as provided in subrule (2) of this rule, the generic groundwater cleanup criteria applicable at a given facility shall be the most restrictive of the criteria developed under R 299.9, R 299.10, or R 299.14, considering those pathways that are reasonable and relevant to the facility and the category of cleanup criteria being proposed or implemented.

(2) If a generic groundwater cleanup criterion developed under R 299.9, R 299.10, or R 299.14 is greater than the solubility limit of that hazardous substance in water at 25 o Celsius, then the solubility limit shall be the generic criteria for that pathway.

**History**
- *History: 2013 AACS.*

##### **Mich. Admin. Code R 299.9** Calculation of generic cleanup criteria for groundwater in aquifer based on adverse aesthetic impacts {#sec-r-299.9 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9}

Rule 9. (1) If a hazardous substance, singly or in combination with other hazardous substances present at the facility, imparts adverse aesthetic characteristics to groundwater in an aquifer, then the cleanup criterion shall be the secondary maximum contaminant level, or, if there is no secondary maximum contaminant level, then the concentration that is documented as the taste or odor threshold concentration or the concentration below which appearance or other aesthetic characteristics are not adversely affected. The criteria of this subrule shall apply only when the level required by this subrule is less than the level required by section 20120a(4) of the act. A taste or odor threshold concentration or a concentration adversely affecting appearance shall be determined according to methods approved by the United States environmental protection agency.

(2) For the purposes of this rule, the point of exposure shall be presumed to be any point in the affected aquifer.

**History**
- *History: 2013 AACS.*

##### **Mich. Admin. Code R 299.10** Generic cleanup criteria for groundwater in aquifer based on ingestion of groundwater for drinking water {#sec-r-299.10 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.10}

Rule 10. (1) Exposure to groundwater by ingestion shall be considered a relevant pathway for groundwater that satisfies either of the following conditions:

(a) The groundwater is in an aquifer.

(b) The groundwater is not in an aquifer, but can reasonably be expected to transport a hazardous substance into an aquifer in a concentration that exceeds the generic residential criteria developed under subrule (2) of this rule.

(2) The criteria developed pursuant to R 299.9 and R 299.10 are not applicable if ingestion of the groundwater is, or as part of the response activity will be, reliably restricted by a restrictive covenant, a notice of approved environmental remediation, or an institutional control that is allowed for under these rules and approved by the department, if approval is required.

(3) Cleanup criteria for groundwater based on ingestion of groundwater for drinking water shall be calculated according to the following algorithms, except as provided for in R 299.34. Criteria calculated under this subrule shall be the generic cleanup criterion, unless a state drinking water standard is available or, if a criterion protective of adverse aesthetic characteristics is more restrictive, as provided for in section 20120a(5) of the act.

EQUATION FOR CARCINOGENIC EFFECTS: dw IREDEFSF CFATBWTR DWC    where, DWC(Drinking water criterion)=chemical-specific (ug/L or ppb)

TR(Target risk level)=10 -5 BW(Body weight)=70 kg AT (Averaging time in days) = 25,550 days (70 years x 365 days/year)

CF(Conversion factor)=1000 ug/mg SF(Oral cancer slope factor)=chemical-specific (mg/kg-day) -1 EF(Exposure frequency)=350 days/year (residential) =245 days/year (nonresidential)

ED(Exposure duration)=30 years (residential) = 21 years (nonresidential)

IR dw (Drinking water ingestion rate)=2 liters/day (residential) =1 liter/day (nonresidential)

EQUATION FOR NONCARCINOGENS: dw IREDEF CFRSCATBWRfDTHQ WCD    where, DWC(Drinking water criterion)=chemical-specific (ug/L or ppb)

THQ(Target hazard quotient) =1 RfD(Oral reference dose)=chemical-specific (mg/kg-day)

BW(Body weight)=70 kg AT(Averaging time) =10,950 days (30 years x 365 days/year -residential) 7,665 days (21 years x 365 days/year -nonresidential)

RSC (Relative source contribution) =chemical-specific or 0.2 if chemical-specific data are not available CF(Conversion factor)=1000 ug/mg EF(Exposure frequency)=350 days/year (residential) 245 days/year (nonresidential)

ED(Exposure duration)=30 years (residential) 21 years (nonresidential)

IR dw (Drinking water ingestion rate)=2 liters/day (residential) 1 liter/day (nonresidential)

(4) For the purposes of this rule, the point of exposure shall be presumed to be any point in the affected aquifer.

**History**
- *History: 2013 AACS.*

##### **Mich. Admin. Code R 299.14** Generic cleanup criteria for groundwater based on hazardous substance vapors emanating from groundwater to indoor air {#sec-r-299.14 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.14}

Rule 14. (1) Inhalation of hazardous substance vapors volatilizing from groundwater to indoor air shall be considered a reasonable and relevant exposure pathway for hazardous substances in groundwater that have a Henry’s law constant greater than or equal to 0.00001 atm-m /mole.

(2) Except as provided in subrule (1) of this rule, if any of the following conditions exist, the generic criteria developed pursuant to this rule shall not apply and a site-specific evaluation of indoor inhalation risks shall be conducted:

(a) There is a structure present or planned to be constructed at the facility which does not have a concrete block or poured concrete floor and walls.

(b) The highest water table elevation of a contaminated saturated zone at the facility, considering seasonal variation, is within 3 meters of the ground surface.

(c) There is a sump present that is not completely isolated from the surrounding soil by its materials of construction, or there is other direct entry of contaminated groundwater into the basement.

(3) Groundwater cleanup criteria based on inhalation of hazardous substance vapors volatilizing from groundwater to indoor air shall be called groundwater volatilization indoor air inhalation criteria (“GVIIC”). The GVIIC is determined by the following series of calculations, except as provided in R 299.34(3):

EQUATION FOR CARCINOGENIC EFFECTS: building CREDEFIURF x AIRATTR GVIIC    where, GVIIC (Groundwater volatilization indoor air inhalation criteria) = chemical-specific, ug/L TR(Target risk level)= 10 -5 AT(Averaging time)= 25,550 days (70 x 365)

AIR (Adjusted inhalation rate) = 1 (residential) = 2 (nonresidential)

IURF(Inhalation unit risk factor)= chemical-specific, (ug/m ) -1 EF (Exposure frequency) = 350 days/year (residential) = 245 days/year (nonresidential)

ED (Exposure duration) = 30 years (residential) = 21 years (nonresidential)

CR building (Ratio of indoor air concentration to groundwater concentration) = chemical-specific, (ug/m )/(ug/L)

EQUATION FOR NONCARCINOGENIC EFFECTS:  building CREDEFITSL1 ATTHQ GVIIC    where, GVIIC (Groundwater volatilization indoor air inhalation criteria) = chemical-specific, ug/L THQ(Target hazard quotient)= 1 AT (Averaging time) = 10,950 days (residential) = 7,665 days (nonresidential)

EF (Exposure frequency) = 350 days/year (residential) = 245 days/year (nonresidential)

ED (Exposure duration) = 30 years (residential) = 21 years (nonresidential)

ITSL(Initial threshold screening level)= chemical-specific, ug/m CR building (Ratio of indoor air concentration to groundwater concentration) = chemical-specific, (ug/m )/(ug/L)

The ratio of the indoor air concentration to the groundwater concentration is calculated as:  gw sourcebuilding CRCR where, CR building (Ratio of indoor air concentration to groundwater concentration) = chemical-specific, (ug/m )/(ug/L)  (Attenuation coefficient) = chemical-specific, unitless gw source CR (Ratio of soil vapor concentration to groundwater/source concentration) = chemical-specific, (ug/m )/(ug/L)

The soil vapor-phase concentration generated from a hazardous substance in groundwater is assumed to be in equilibrium with the aqueous phase concentration (C w ) of that substance as related by the dimensionless Henry’s law constant (H’) such that: w gw source /m10CTAF x HCRL' where, gw source CR(Ratio of soil vapor concentration to groundwater/source concentration) = chemical-specific, (ug/m )/(ug/L)

H’ (Dimensionless Henry’s law constant, where H’ = HLC x 41) = chemical-specific, unitless HLC (Henry’s law constant at 25 degrees Celsius) = chemical-specific, (atm-m /mol)

TAF(Temperature adjustment factor)= 0.5, unitless C w (Uniform unit groundwater concentration) = 1 ug/L The intrusion rate of hazardous substance vapors into buildings is predicted using an analytical solution which couples both diffusive and convective transport of vapors emanating from groundwater into enclosed spaces. An attenuation coefficient () is calculated that is expressed as the ratio of building indoor air concentration to the vaporphase concentration at the source. Values of  are calculated assuming infinite source conditions. For infinite source conditions  is written as follows:                                                                                        AD LQ exp LQ AD LQ AD AD LQ exp AD LQ exp LQ AD crack crack cracksoil Tsoil b Tbuilding b crack crack cracksoil crack crack cracksoil Tbuilding b eff T eff T eff T where,  (Attenuation coefficient) = unitless eff T D (Total effective diffusion coefficient) = chemical-specific, cm /s D crack (Effective diffusion coefficient through crack) = cm /s, (D crack = eff v D , see equation for eff v D below)

A b (Area of enclosed space below grade) = 1.96E+6 cm (residential) = 3.83E+6 cm (nonresidential)

Q building (Building ventilation rate) = 1.51E+5 cm /s (residential) = 5.04E+5 cm /s (nonresidential)

L crack (Building foundation thickness)= 15 cm L T (Source-building separation distance) = 115 cm (residential) = 300 cm (nonresidential)

Q soil (Volumetric flow rate of soil vapor into the building) = 0.81 cm /s (residential) = 2.10 cm /s (nonresidential)

A crack (Total area of cracks below grade) = 196 cm (residential) = 383 cm (nonresidential) exp(p) (The base of the natural logarithm raised to power p) = e p To characterize contaminant diffusion from groundwater into buildings a total effective diffusion coefficient ( eff T D ) is calculated to account for both liquid phase diffusion of the contaminant through the capillary fringe, ( eff cf D ) , and vapor phase diffusion through the vadose zone, ( eff v D ). The calculation is as follows:  eff cfcf eff vcrackv T eff T DhDLh L D   where, eff T D (Total effective diffusion coefficient) = chemical-specific, cm /s L T (Source-building separation distance) = 115 cm (residential) = 300 cm (nonresidential) h v (Thickness of vadose zone below enclosed space floor) = 75 cm (residential) = 260 cm (nonresidential)

L crack (Building foundation thickness)= 15 cm eff v D (Effective diffusion coefficient through vadose zone) = chemical-specific, cm /s h cf (Thickness of capillary fringe)= 25 cm eff cf D (Effective diffusion coefficient through capillary fringe) = chemical-specific, cm /s The effective diffusion coefficient calculation for the vadose zone ( eff v D ) is written as:           233.3 w w 233.3 aa eff v n TAF'H D nDD where, eff v D (Effective diffusion coefficient through vadose zone) = chemical-specific, cm /s D a (Diffusivity in air)= chemical-specific, cm /s  a (Soil air-filled porosity) = 0.13 cm /cm N(Total soil porosity)= 0.43 cm /cm D w (Diffusivity in water)= chemical-specific, cm /s H’ (Dimensionless Henry’s law constant, where H’ = HLC x 41) = chemical-specific, unitless HLC(Henry’s law constant = chemical-specific, (atm-m /mol)

TAF(Temperature adjustment factor)= 0.5  w (Soil water-filled porosity) = 0.3 cm /cm The effective diffusion coefficient calculation for the capillary fringe ( eff cf D ) is written as:          23.33 cfw, w 23.33 cfa,a eff cf nθ TAFH'

D nθDD where, eff cf D (Effective diffusion coefficient through capillary fringe) = chemical-specific, cm /s D a (Diffusivity in air)= chemical-specific, cm /s  a,cf (Soil air-filled porosity in capillary fringe) = 0.078 cm /cm D w (Diffusivity in water)= chemical-specific, cm /s H’ (Dimensionless Henry’s law constant, where H’ = HLC x 41) = chemical-specific, unitless HLC (Henry’s law constant) = chemical-specific, (atm-m /mol)

TAF(Temperature adjustment factor)= 0.5  w,cf (Soil water-filled porosity in capillary fringe) = 0.352 cm /cm N(Total soil porosity)= 0.43 cm /cm (4) Facility-specific measurements of the following parameters may be substituted individually for the generic assumptions and still allow the facility to satisfy the generic categorical criteria under section 20120a(1)(a) to (e) of the act:

(a) Dry soil bulk density.

(b) Fraction of organic carbon in soil.

(d) Temperature adjustment factor for Henry’s law constant.

(e) Source-building foundation separation distance.

(f) Vertical thickness of capillary fringe.

Facility-specific measurements shall be based on representative characterization.

Documentation of all facility specific values shall be provided in the response activity plan, no further action report, or other response activity documentation.

(5) The department may approve methods to demonstrate compliance with criteria for the exposure pathway if those methods are more representative of in-situ conditions at the facility. Methods acceptable to the department may include, but are not limited to, use of representative soil gas concentrations.

**History**
- *History: 2013 AACS.*

##### **Mich. Admin. Code R 299.18** Cleanup criteria for soil generally {#sec-r-299.18 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.18}

Rule 18. (1) The generic cleanup criteria for soil at a facility shall be the most restrictive of the applicable criteria developed under R 299.20 to R 299.28, considering those pathways that are reasonable and relevant at the facility and the category being proposed or implemented.

(2) If a generic soil cleanup criterion developed under R 299.20 to R 299.26 is greater than the C sat concentration for that hazardous substance, then the generic criteria may not apply. A site specific risk evaluation may be conducted for each relevant exposure pathway where free-phase liquids or non-aqueous phase liquids (NAPL) are present.

**History**
- *History: 2013 AACS.*

##### **Mich. Admin. Code R 299.20** Generic cleanup criteria for soil based on direct contact {#sec-r-299.20 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.20}

Rule 20. (1) Cleanup criteria for soil based on direct contact shall be calculated for the generic residential category according to the following algorithms, except as provided in R 299.34(3):

EQUATION FOR CARCINOGENS:

)]AEDF(EF)AEIF[(EFSF

CFATTR

DCC ddii    where, DCC(Direct contact criterion) =chemical-specific, ug/kg or ppb TR(Target risk level)=10 -5 AT (Averaging time) = 25,550 days (70 years x 365 days/year)

CF(Conversion factor)=1E+9 ug/kg SF (Oral cancer slope factor) = chemical-specific (mg/kg-day) - EF i (Ingestion exposure frequency)=350 days/year IF(Age-adjusted soil ingestion factor)=114 mg-year/kg-day* AE i (Ingestion absorption efficiency) = chemical-specific or default specified at R 299.20(3)

EF d (Dermal exposure frequency)=245 days/year DF(Age-adjusted soil dermal factor)=353 mg-year/kg-day** AE d (Dermal absorption efficiency) = chemical-specific or default specified at R 299.20(3)

EQUATIONS FOR NONCARCINOGENS:

)]AEDFEF()AEIF[(EF

RSCCFATRfDTHQ DCC ddii    where, DCC (Direct contact criterion) = chemical-specific (ug/kg or ppb)

THQ(Target hazard quotient)=1 RfD(Oral reference dose)=chemical-specific mg/kg-/day AT (Averaging time) = 10,950 days (30 years x 365 days/year)

CF(Conversion factor)=1E+9 ug/kg RSC(Relative source contribution)=1 EF i (Ingestion exposure frequency)=350 days/year IF(Age-adjusted soil ingestion factor)=114 mg-year/kg-day* AE i (Ingestion absorption efficiency) = chemical-specific or default specified at R 299.20(3)

EF d (Dermal exposure frequency)=245 days/year DF(Age-adjusted soil dermal factor)=353 mg-year/kg-day** AE d (Dermal absorption efficiency) = chemical-specific or default specified at R 299.20(3) and,                       adult adultadult 61age 61age61age BW EDIR BW EDIR IF* where, IR soil/age 1-6 (Soil ingestion rate)=200 mg/day ED age 1-6 (Exposure duration)=6 years BW age 1-6 (Body weight)=15 kg IR adult (Soil ingestion rate)=100 mg/day ED adult (Exposure duration)=24 years BW adult (Body weight)=70 kg and, **                       adult adultadultadult 61age 61age61age61age BW EDAFEVSA BW EDAFEVSA DF where, SA age 1-6 (Skin surface area)=2,670 cm /dayevent EV(Event frequency)=1 event/day AF age 1-6 (Soil adherence factor) =0.2 mg/cm ED age 1-6 (Exposure duration)=6 years BW age 1-6 (Body weight)=15 kg SA adult (Skin surface area)=5,800 cm /dayevent AF adult (Soil adherence factor)=0.07 mg/cm ED adult (Exposure duration)=24 years BW adult (Body weight)=70 kg (2) Cleanup criteria for soil based on direct contact shall be calculated for the generic nonresidential category according to the following algorithms, except as provided in R 299.34(3):

EQUATION FOR CARCINOGENS:

)]AEAFEVSA(EF)AEIR[(EFEDSF

CFATBWTR

DCC ddisi    where, DCC(Direct contact criterion)=chemical-specific, ug/kg or ppb TR(Target risk level)=10 -5 BW(Body weight)=70 kg AT (Averaging time) = 25,550 days (70 years x 365 days/year)

CF(Conversion factor)=1E+9 ug/kg SF(Oral cancer slope factor)=chemical-specific (mg/kg-day) -1 ED(Exposure duration)=21 years EF i (Ingestion exposure frequency)=245 days/year IR s (Soil ingestion rate) = 100 mg/day (residential)

AE i (Ingestion absorption efficiency) = chemical-specific or default specified at R 299.20(3)

EF d (Dermal exposure frequency) =160 days/year SA(Skin surface area)=3,300 cm /day event EV(Event frequency)=1 event/day AF(Soil adherence factor)=0.2 mg/cm (nonresidential)

AE d (Dermal absorption efficiency) = chemical-specific or default specified at R 299.20(3)

EQUATION FOR NONCARCINOGENS:

)]AEAFEVSA(EF)AEIR[(EFED

RSCCFATBWRfDTHQ DCC ddisi    where, DCC(Direct contact criterion)=chemical-specific, ug/kg or ppb THQ(Target hazard quotient)=1 RfD(Oral reference dose)=chemical-specific, mg/kg-/day BW(Body weight)=70 kg AT (Averaging time) = 7,665 days (21 years x 365 days/year)

CF(Conversion factor)=1E+9 ug/kg RSC(Relative source contribution)=1 ED(Exposure duration)=21 years EF i (Ingestion exposure frequency)=245 days/year IR s (Soil ingestion rate)=100 mg/day AE i (Ingestion absorption efficiency) = chemical-specific or default specified at R 299.20(3)

EF d (Dermal exposure frequency)=160 days/year SA(Skin surface area)=3,300 cm /day event EV(Event frequency)=1 event/day AF(Soil adherence factor)=0.2 mg/cm (nonresidential)

AE d (Dermal absorption efficiency) = chemical-specific or default specified at R 299.20(3)

(3) Absorption efficiencies used to calculate generic direct contact criteria are as follows:

(a) Chemical-specific data may be submitted to the department to support development of a new generic criterion under R 299.6(9) or (10) and shall be used in this rule if determined by the department to be the best available information.

(b) If chemical-specific data are not available, then the following default absorption efficiencies shall be used:

(i) AE i shall be 50% for organic hazardous substances which exhibit a log octanol water partitioning coefficient greater than 5 and a molecular weight greater than 200 grams per mole or which are not ionizing organic compounds, and 100% for all other organic hazardous substances.

(ii) AE i shall be 50% for inorganic hazardous substances.

(iii) AE d shall be assumed to be 10% for organic hazardous substances.

(iv) AE d shall be assumed to be 1% for inorganic hazardous substances.

(4) To demonstrate compliance with generic direct contact criteria, the criteria shall be applied without regard to the depth of contaminated soil.

**History**
- *History: 2013 AACS.*

##### **Mich. Admin. Code R 299.22** Generic cleanup criteria for soil based on leaching of hazardous substances into groundwater {#sec-r-299.22 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.22}

Rule 22. (1) To assure that soils do not pose a threat of aquifer contamination, the concentration of the hazardous substance in soil shall be below that which produces a concentration in leachate that is equal to the least restrictive of the applicable groundwater criteria specified in subdivisions (a) to (c) of this subrule, or below a criterion based on the soil-water partitioning characteristics of a hazardous substance as provided in subrule (4) of this rule, whichever is higher. The selection of the following least restrictive value, and comparison to the soil-water partitioning value, shall be done separately for each pathway that is relevant at the facility:

(a) The groundwater criteria developed under R 299.8 to 299.14.

(b) The leachate concentration generated by background soil.

(c) The groundwater concentration allowed by target detection limit, if it is higher than a risk-based criterion that would otherwise be the most restrictive.

(2) Leachate testing is not required to demonstrate compliance with subrule (1) of this rule if the total concentration of a hazardous substance in soil does not exceed 20 times the lowest groundwater cleanup criterion that is applicable at the facility or does not exceed the soil-water partitioning value established under subrule (4) of this rule, whichever is higher.

(3) Leachate concentrations shall be determined by a method that best represents in-situ conditions. For the purposes of this rule, the following test methods are acceptable:

(a) The United States environmental protection agency's toxicity characteristic leaching procedure (TCLP) (revised as of July 1992) or the synthetic precipitation leachate procedure (SPLP) (revised as of September 1994) as set forth in SW-846, Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, (revised to include Update III, June 13, 1997), published by the United States Environmental Protection Agency, which are adopted by reference in these rules and which are available for inspection at the Lansing office of the department, 525 West Allegan Street, Lansing, Michigan. Copies of the provisions may be purchased at a cost as of the time of adoption of these rules of $239.00 from the National Technical Information Service, United States Department of Commerce, 5285 Port Royal Road, Springfield, Virginia 22161 (publication number PB97- 156111GEI), or from the Department of Environmental Quality, Remediation and Redevelopment Division, 525 West Allegan, Lansing, Michigan 48909, at cost.

(b) Other methods accepted by the department to more accurately simulate conditions at the site than the test methods specified in subdivision (a) of this subrule.

(4) The department may, if adequate data are available, establish acceptable soil concentrations based on soil-water partitioning characteristics of a hazardous substance.

**History**
- *History: 2013 AACS.*

##### **Mich. Admin. Code R 299.24** Generic cleanup criteria for soil based on indoor inhalation of hazardous substance vapors volatilized from soil {#sec-r-299.24 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.24}

Rule 24. (1) Indoor inhalation of hazardous substance vapors volatilizing to indoor air from soil shall be considered a reasonable and relevant exposure pathway only for hazardous substances that have a Henry’s law constant greater than or equal to 0.00001 atm-m /mole.

(a) There is a structure present or planned to be constructed at the facility which does not have a concrete block or poured concrete floor and walls.

(b) There is a sump present that is not completely isolated from the surrounding soil by its materials of construction.

(3) Soil cleanup criteria based on indoor inhalation of volatile emissions from hazardous substances in soil shall be called soil volatilization indoor air inhalation criteria (“SVIIC”).

The SVIIC is determined by the following series of calculations, except as provided in R 299.34(3):

EQUATION FOR CARCINOGENIC EFFECTS: building CREDEFIURF AIRXATTR SVIIC    where, SVIIC (Soil volatilization indoor air inhalation criterion) = chemical-specific, ug/kg TR(Target risk level)= 10 -5 AT (Averaging time) = 25,550 days (70 years x 365 days/year)

AIR (Adjusted inhalation rate) = 1 (residential) = 2 (nonresidential)

IURF(Inhalation unit risk factor)= chemical-specific, (ug/m ) -1 EF (Exposure frequency) = 350 days/year (residential) = 245 days/year (nonresidential)

ED (Exposure duration) = 30 years (residential) = 21 years (nonresidential)

CR building (Ratio of indoor air concentration to soil concentration) = chemical-specific, (ug/m )/(ug/kg)

EQUATION FOR NONCARCINOGENIC EFFECTS:  building CREDEFITSL1 ATTHQ SVIIC    where, SVIIC (Soil volatilization indoor air inhalation criterion) = chemical-specific, ug/kg THQ(Target hazard quotient)= 1 AT (Averaging time) = 10,950 days (residential) = 7,665 days (nonresidential)

EF (Exposure frequency) = 350 days/year (residential) = 245 days/year (nonresidential)

ED (Exposure duration) = 30 years (residential) = 21 years (nonresidential)

ITSL(Initial threshold screening level)= chemical-specific, ug/m CR building (Ratio of indoor air concentration to soil concentration) = chemical-specific, (ug/m )/(ug/kg)

The contaminant vapor concentration in the building indoor air is written as:  soil sourcebuilding CRCR where, CR building (Ratio of indoor air concentration to soil concentration) = chemical-specific, (ug/m )/(ug/kg)  (Attenuation coefficient) = chemical-specific, Unitless soil source CR (Ratio of soil vapor concentration to soil/source concentration) = chemical-specific, (ug/m )/(ug/kg)

The vapor-phase contaminant concentration at the source for soil is written as:   abdw bs soil source TAF'Hk mcm10gkg10CTAF'H CR     where, soil source CR(Ratio of soil vapor concentration to soil/source concentration) = chemical-specific, (ug/m )/(ug/kg)

H’ (Dimensionless Henry’s law constant, where H’ = HLC x 41) = chemical-specific, unitless HLC (Henry’s law constant at 25 degrees Celsius) = chemical-specific, (atm-m /mol)

TAF(Temperature adjustment factor)= 0.5, unitless s C (Uniform concentration in soil) = 1 ug/kg b  (Dry soil bulk density) = 1.5 g/cm w  (Soil water-filled porosity) = 0.3 cm /cm d k (Soil-water partition coefficient) = chemical-specific, cm /g (equivalent to L/kg)

For organic compounds= K oc (cm /g) x f oc (g/g)

For inorganic compounds= chemical-specific, cm /g oc K (Soil organic carbon partition coefficient) = chemical-specific, cm /g oc f (Fraction of organic carbon content of soil) = 0.002 g/g (0.2%) a  (Soil air-filled porosity) = 0.13 cm /cm The intrusion rate of hazardous substance vapors into buildings is predicted using an analytical solution which couples both diffusive and convective transport of vapors emanating from subsurface soil into enclosed spaces. An attenuation coefficient () is calculated that is expressed as the ratio of building indoor air concentration to the vaporphase concentration at the source. Values of  are calculated assuming infinite source conditions. For infinite source conditions  is written as follows:                                                                                        AD LQ exp LQ AD LQ AD AD LQ exp AD LQ exp LQ AD crack crack cracksoil Tsoil b Tbuilding b crack crack cracksoil crack crack cracksoil Tbuilding b eff v eff v eff v where,  (Attenuation coefficient) = unitless eff v D (Effective diffusion coefficient through vadose zone) = chemical-specific, cm /s D crack (Effective diffusion coefficient through crack) = cm /s, (D crack = eff v D , see equation for eff v D below)

A b (Area of enclosed space below grade) = 1.96E+6 cm (residential) = 3.83E+6 cm (nonresidential)

Q building (Building ventilation rate) = 1.51E+5 cm /s (residential) = 5.04E+5 cm /s (nonresidential)

L crack (Building foundation thickness)= 15 cm L T (Source-building separation distance)= 15 cm (All land use categories)

Q soil (Volumetric flow rate of soil vapor into the building) = 0.81 cm /s (residential) = 2.10 cm /s (nonresidential)

A crack (Total area of cracks below grade) = 196 cm (residential) = 383 cm (nonresidential) exp(p) (The base of the natural logarithm raised to power p) = e p The effective diffusion coefficient calculation for the vadose zone ( eff v D ) is written as:           233.3 w w 233.3 aa eff v n TAF'H D nDD where, eff v D (Effective diffusion coefficient through vadose zone) = chemical-specific, cm /s D a (Diffusivity in air)= chemical-specific, cm /s  a (Soil air-filled porosity) = 0.13 cm /cm n(Total soil porosity)= 0.43 cm /cm D w (Diffusivity in water)= chemical-specific, cm /s H’ (Dimensionless Henry’s law constant, where H’ = HLC x 41) = chemical-specific, unitless HLC(Henry’s law constant = chemical-specific, (atm-m /mol)  w (Soil water-filled porosity) = 0.3 cm /cm (4) Facility-specific measurements of the following parameters may be substituted individually for the generic assumptions and still allow the facility to satisfy the categorical criteria in section 20120a(1)(a) to (e) of the act:

(a) Dry soil bulk density.

(b) Fraction of organic carbon in soil.

(d) Temperature adjustment factor for Henry’s law constant.

Facility-specific measurements shall be based on representative characterization.

Documentation of all facility specific values shall be provided in the response activity plan or no further action report.

(5) The department may approve methods to demonstrate compliance with criteria for this exposure pathway if those methods are more representative of in-situ conditions at the facility. Methods acceptable to the department may include, but are not limited to, evaluation of representative soil gas concentrations.

**History**
- *History: 2013 AACS.*

##### **Mich. Admin. Code R 299.26** Generic cleanup criteria for soil based on inhalation of hazardous substances in ambient air {#sec-r-299.26 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.26}

Rule 26. (1) Inhalation of hazardous substance emissions in ambient air from soil shall be considered a reasonable and relevant pathway for all facilities.

(2) Generic cleanup criteria for soil based on inhalation of volatile hazardous substance emission to ambient air shall be called volatile soil inhalation criteria (VSIC). Generic cleanup criteria for soil based on inhalation of particulate hazardous substance emission to ambient air shall be called particulate soil inhalation criteria (PSIC). The generic residential VSIC and PSIC are calculated as follows, except as provided in R 299.34(3):

EQUATIONS FOR CARCINOGENS:

VF)1(EDEFIURF

ATTR

VSIC    where, VSIC (Volatile soil inhalation criterion) =chemical-specific, ug/kg or ppb TR(Target risk level)=10 -5 AT (Averaging time) =25,550 days (70 years x 365 days/year)

IURF(Inhalation unit risk factor) =chemical-specific (ug/m ) -1 EF(Exposure frequency)=350 days/year ED(Exposure duration)=30 years VF(Volatilization factor)=chemical-specific, m /kg and, PEF)1(EDEFIURF ATTR PSIC    where, PSIC (Particulate soil inhalation criterion) =chemical-specific, ug/kg or ppb TR(Target risk level)=10 -5 AT (Averaging time) =25,550 days (70 years x 365 days/year)

IURF(Inhalation unit risk factor) =chemical-specific (ug/m ) -1 EF(Exposure frequency)=350 days/year ED(Exposure duration)=30 years PEF(Particulate emission factor)=chemical-specific, m /kg EQUATIONS FOR NONCARCINOGENS:

)VF1ITSL1(EDEF

ATTHQ

VSIC    where, VSIC (Volatile soil inhalation criterion) =chemical-specific, ug/kg or ppb THQ(Target hazard quotient)=1 AT (Averaging time) =10,950 days (30 years x 365 days/year)

EF(Exposure frequency)=350 days/year ED(Exposure duration)=30 years ITSL (Initial threshold screening level) =chemical-specific, ug/m VF(Volatilization factor)=chemical-specific, m /kg and, )PEF1ITSL1(EDEF ATTHQ PSIC    where, PSIC (Particulate soil inhalation criterion) =chemical-specific, ug/kg or ppb THQ(Target hazard quotient)=1 AT (Averaging time) =10,950 days (30 years x 365 days/year)

EF(Exposure frequency)=350 days/year ED(Exposure duration)=30 years ITSL (Initial threshold screening level) =chemical-specific, ug/m PEF(Particulate emission factor)=chemical-specific, m /kg (3) The soil to air volatilization factor (VF) relates the concentration of a contaminant in the soil to the concentration of volatilized contaminant in the ambient air. If the vertical extent of the contaminant source has not been characterized, then the VF shall be calculated based on the infinite equation presented in subdivision (a) of this subrule. If the vertical extent of the contaminant source has been adequately characterized throughout the facility, then the VF shall be calculated either by the finite source equation presented in subdivision (b) of this subrule or the mass balance equation presented in subdivision (c) of this subrule, whichever yields the highest VSIC.

(a)

)J/1()C/Q(VF ave s  ave s J , using the infinite source model shall be calculated as follows: 2242/1 Ab ave s m/cm10)t/D4(J and D A shall be calculated as:

TAF)H(K ])/nDTAF)H(D[( D awdb w 3.33 wa 3.33 a A        where, VF(Volatilization factor)=chemical-specific, m /kg ave s J (Normalized average flux from soil) = chemical-specific, g/m second D A (Apparent diffusivity)=chemical-specific, cm /second Q/C (Dispersion factor for 1/2 acre) = 82.33, g/m -second per kg/m T (Exposure time) = seconds (ED x 3.1536E+7 seconds/yr)  a (Soil air-filled porosity) = 0.28 L air /L soil N(Total soil porosity)=0.43 L pore /L soil  w (Soil water-filled porosity) = 0.15 L water /L soil  b (Dry soil bulk density) = 1.5 g/cm D a (Diffusivity in air)=chemical-specific, cm /second D w (Diffusivity in water)=chemical-specific, cm /second H (Dimensionless Henry’s law constant, where H= HLC x 41) = chemical-specific, unitless HLC (Henry’s law constant at 25 C) = chemical-specific, atmm /mol TAF(Temperature adjustment factor)=0.5 K d (Soil-water partition coefficient)=chemical-specific, cm /g For organic compounds=K oc (cm /g) x f oc (g/g)

For inorganic compounds=chemical-specific, cm /g K oc (Soil organic carbon partition coefficient) = chemical-specific, cm /g f oc (Organic carbon content of soil)=0.006 g/g (0.6%)

(b) The simplified finite source model equation for VF shall be calculated as follows:

)J1()C((Q/C)VF ave sb0  and,  tD4dexp1tDCJ A s 2/1 Aos  where, VF(Volatilization factor)=chemical-specific, m /kg Q/C (Dispersion factor for 1/2 acre) = 82.33, g/m -second per kg/m C (Uniform contaminant concentration at t=0) = 1.5 E-6 g/cm  b (Dry soil bulk density) = 1.5 g/cm ave s J (Normalized average flux from soil) = chemical-specific, g/m second J s (Instantaneous flux from soil at time t) = chemical-specific, g/m second D A (Apparent diffusivity - see equation above) = chemical-specific, cm /second T(Time)=seconds d s (Thickness of source)=site-specific, meters exp(p) (The base of the natural logarithm raised to power (p)) = e p (c) Mass balance VF shall be calculated as follows:   g/Mg10d ar)seconds/ye10(3.15AT Q/CVF sb -7    where, VF(Volatilization factor)=chemical-specific, m /kg Q/C (Dispersion factor for 1/2 acre)=82.33, g/m -second per kg/m AT(Exposure period)=scenario-specific, years  b (Dry soil bulk density) = 1.5 mg/m d s (Average source depth)=site-specific, meters (4) The particulate emission factor shall be calculated as follows: Ev))V1(Ew(1C/QPEF where, PEF(Particulate emission factor)=chemical-specific, m /kg Q/C (Dispersion factor for 1/2 acre)=82.33, g/m -second per kg/m Ew (Emission due to wind)=g/m per second Ev(Emission due to vehicle traffic)=g/m per second V(Vegetative cover)=0.5 (50%), unitless (5) VSIC and PSIC for nonresidential facilities shall be calculated as follows, except as provided in R 299.34(3):

EQUATIONS FOR CARCINOGENS:

)VF/1(EDEFIURF

AIRATTR

VSIC    where, VSIC (Volatile soil inhalation criterion) =chemical-specific, ug/kg or ppb TR(Target risk level)=10 -5 AT (Averaging time) =25,550 days (70 years x 365 days/year)

AIR(Adjusted inhalation rate)=(20 m /day)/(10 m /day)

IURF(Inhalation unit risk factor) =chemical-specific (ug/m ) -1 EF(Exposure frequency)=245 days/year ED(Exposure duration)=21 years VF(Volatilization factor)=chemical-specific, m /kg and, )PEF/1(EDEFIURF AIRATTR PSIC    where, PSIC (Particulate soil inhalation criterion) =chemical-specific, ug/kg or ppb TR(Target risk level)=10 -5 AT (Averaging time) =25,550 days (70 years x 365 days/year)

AIR(Adjusted inhalation rate)=(20 m /day)/(10 m /day)

IURF(Inhalation unit risk factor) =chemical-specific (ug/m ) -1 EF(Exposure frequency)=245 days/year ED(Exposure duration)=21 years PEF(Particulate emission factor)=chemical-specific, m /kg EQUATIONS FOR NONCARCINOGENS:

)VF/1ITSL/1(EDEF

ATTHQ

VSIC    where, VSIC (Volatile soil inhalation criterion) =chemical-specific, ug/kg or ppb THQ(Target hazard quotient)=1 AT (Averaging time) =7,665 days (21 years x 365 days/year)

EF(Exposure frequency)=245 days/year ED(Exposure duration)=21 years ITSL(Initial threshold screening level)=chemical-specific, ug/m VF(Volatilization factor)=chemical-specific, m /kg and, PEF)/1ITSL/(1EDEF ATTHQ PSIC    where, PSIC (Particulate soil inhalation criterion) =chemical-specific, ug/kg or ppb THQ(Target hazard quotient)=1 AT (Averaging time) =7,665 days (21 years x 365 days/year)

EF(Exposure frequency)=245 days/year ED(Exposure duration)=21 years ITSL(Initial threshold screening level)=chemical-specific, ug/m PEF(Particulate emission factor)=chemical-specific, m /kg (6) The generic SIC are calculated for a source area size of 1/2 acre. The generic SIC shall be adjusted for other source area sizes by multiplying the generic SIC by the modifiers given in the following table. Where the actual source area size falls between the sizes given in this subrule, generic SIC shall be multiplied by the modifier for the next largest source size.

Modifiers Source Size (ft or acres)

Q/C (g/m -s per kg/m )Modifier 400 ft 261.263.17 1000 ft 180.762.2 2000 ft 144.911.76 ¼ acre94.561.15 ½ acre82.331 1 acre71.740.87 2 acres63.510.77 5 acres54.620.66 10 acres49.130.6 32 acres41.550.5 100 acres35.660.43 (7) Facility-specific measurements of the following parameters may be substituted for the generic assumptions and still allow the facility to satisfy the categorical criteria in section 20120a(1)(a) to (e) of the act:

(a) Dry soil bulk density ( b ).

(b) Soil water-filled porosity ( w ).

(d) Fraction of organic carbon in soil (f oc ).

(e) Emission due to wind (Ew).

(f) Dispersion factor (Q/C).

Facility-specific measurements shall be based on representative characterization.

Documentation of all facility-specific values shall be provided in the response activity plan, no further action report, or other response activity documentation.

(8) A person who is implementing response activity may demonstrate compliance with the generic criteria developed under this rule through the collection and analysis of ambient air samples within the facility boundaries, if the hazardous substance concentration in surficial soil is representative of facility conditions.

**History**
- *History: 2013 AACS.*

##### **Mich. Admin. Code R 299.28** Cleanup criteria for contaminated environmental media based on other injury which requires consideration {#sec-r-299.28 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.28}

Rule 28. (1) To assure that hazardous substances in contaminated environmental media do not pose unacceptable risks not accounted for by other rules in this part, the concentration of a hazardous substance in a given environmental medium shall meet cleanup criteria based on sound scientific principles and determined by the department to be necessary to protect the public health, safety, and welfare and the environment from any of the following:

(a) Food chain contamination.

(b) Damage to soil or biota in the soil that impairs the use of such soil for agricultural purposes.

(d) Physical hazards.

(e) Nonsystemic or acute toxicity.

(f) Injury that may result from the direct transport or runoff of hazardous substances in soil into surface water.

(g) Injury to the groundwater resource which may impair its use for other purposes that are determined by the department to be reasonable and relevant considerations at a facility.

(h) Other injury that requires consideration.

(2) The basis for and information used by the department to develop cleanup criteria under this rule shall be made available to the public upon request.

**History**
- *History: 2013 AACS.*

##### **Mich. Admin. Code R 299.30** Surface water and surface water sediments; cleanup criteria {#sec-r-299.30 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.30}

Rule 30. (1) Any response activity plan that addresses surface water or sediments associated with waters of the state shall include site-specific cleanup criteria established by the department on the basis of sound scientific principles and evaluation of bulk sediment chemistry, sediment toxicity, and benthic community populations. Criteria shall be established considering the need to eliminate or mitigate the following use impairments, as appropriate to the facility in question:

(a) Restrictions on fish or wildlife consumption.

(b) Tainting of fish and wildlife flavor.

(d) Fish tumors or other deformities.

(e) Bird or animal deformities or reproductive problems.

(f) Degradation of benthos.

(g) Restrictions on dredging activities.

(h) Eutrophication or undesirable algae.

(i) Restrictions on drinking water consumption or taste or odor problems.

(j) Beach closings.

(k) Degradation of aesthetics.

(l) Added costs to agriculture, industry, or a local unit of government.

(m) Degradation of phytoplankton or zooplankton populations.

(n) Loss of fish and wildlife habitat.

(o) Unacceptable risk through human contact as a result of absorption of hazardous substances through the skin or by incidental ingestion of sediments.

(p) Other unacceptable risks to human receptors exposed to hazardous substances in sediments.

(2) The basis for, and information used by the department to develop, cleanup criteria under this rule shall be made available to the public upon request.

**History**
- *History: 2013 AACS.*

##### **Mich. Admin. Code R 299.34** Risk assessment and development of cleanup criteria for certain substances; special considerations {#sec-r-299.34 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.34}

Rule 34.(1) All polychlorinated and polybrominated dibenzodioxins and dibenzofurans shall be considered as 1 hazardous substance, expressed as an equivalent concentration of 2,3,7,8-tetrachlorodibenzo-p-dioxin, based upon the relative potency and concentration of the congeners present at the facility.

(2) If 2 or more hazardous substances are present and known to result in toxicological interaction, then the interactive effects shall be considered in establishing levels that are protective of the public health, safety, and welfare and the environment.

(3) The department may calculate generic cleanup criteria for certain hazardous substances using exposure assumptions other than those shown in the algorithms in these rules if either of the following conditions is satisfied:

(a) A hazardous substance causes an adverse effect in a sensitive subpopulation that is not adequately protected or represented by the generic exposure assumptions.

(b) The toxicokinetics of a hazardous substance are not best represented by the average daily dose, when accounting for the most sensitive effect.

**History**
- *History: 2013 AACS.*

##### **Mich. Admin. Code R 299.36** Calculation of criteria based on noncarcinogenic endpoints; minimum toxicity data {#sec-r-299.36 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.36}

Rule 36. (1) The minimum data required to calculate a cleanup criterion for a noncarcinogen when the route of exposure is ingestion or dermal absorption shall be the reference dose that is determined on the basis of the best available information and considering the weight of evidence.

(2) The minimum data required to calculate a cleanup criterion for a noncarcinogen when the route of exposure is inhalation shall be the minimum data required for calculation of an initial threshold screening level developed under part 55 of the act, and rules promulgated under part 55.

**History**
- *History: 2013 AACS.*

##### **Mich. Admin. Code R 299.38** Determination of cancer slope factors for use in calculation of criteria based on carcinogenic endpoints {#sec-r-299.38 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.38}

Rule 38. (1) A non-threshold mechanism of carcinogenesis shall be assumed unless biological data adequately demonstrate the existence of a threshold on a hazardous substance-specific basis.

(2) All appropriate human epidemiologic data, animal cancer bioassay data, and all other pertinent data shall be considered and a cancer slope factor developed if the weight of evidence for carcinogenicity is sufficient. Preferred data are those from studies which use the same route of exposure addressed by the criteria. However, in the absence of such data, route-to-route extrapolations may be conducted where appropriate, considering whether the critical effect is systemic and thus possible for each different route of exposure. The risk-associated dose shall be set at a level corresponding to an increased cancer risk of 1 in 100,000. If acceptable human epidemiologic data are available for a hazardous substance, then those data shall be used to derive the risk-associated dose. If acceptable human epidemiologic data are not available, then the risk-associated dose shall be derived from available animal bioassay data. Data from a species that is considered most biologically relevant to humans, that is, responds most like humans, is preferred where all other considerations regarding quality of data are equal. In the absence of data to distinguish the most relevant species, data from the most sensitive species tested, that is the species showing a carcinogenic effect at the lowest administered dose, shall generally be used.

(3) If animal bioassay data are used and a non-threshold mechanism of carcinogenicity is assumed, then the data shall be fitted to a linearized multistage model, for example, a Global ‘86 or equivalent computer model. Global ‘86 is the linearized multistage model that was derived by Howe, Crump, and Van Landingham (1986), which was prepared for the United States environmental protection agency under subcontract 2-251u-2745 to Research Triangle Institute, contract 68-01-6826, and which the United States environmental protection agency uses to determine cancer potencies. The upper-bound 95% confidence limit on risk, or the lower 95% confidence limit on dose, at the 1 in 100,000 risk level shall be used to calculate a risk-associated dose for individual hazardous substances. Other models, including modifications or variations of the linearized multistage model that are more appropriate to the available data, may be used where scientifically justified.

(4) If the duration of the study is significantly less than the natural lifespan of the test animal, then the slope factor may be adjusted on a case-by-case basis to compensate for latent tumors that were not expressed. The lifespan of a rat is assumed to be 104 weeks and the lifespan of a mouse is assumed to be 90 weeks. If the test animal is a rat and the study duration is less than 90 weeks, or if the test animal is a mouse and the study duration is less than 78 weeks, then the slope factor shall be multiplied by the following factor: the expected lifespan (L) divided by the study duration (L e ) raised to the third power, [(L/L e ) ].

(5) A species scaling factor shall be used to account for differences between test species and humans. It shall be assumed that scaling daily administered doses by body mass raised to the 3/4 power achieves equivalence in lifetime carcinogenic risk in different mammalian species. To derive a human slope factor from animal data, the default procedure shall be to multiply the animal slope factor by the ratio of human to animal body weights raised to the 1/4 power. However, if adequate pharmacokinetic and metabolism studies are available, then these data may be factored into the adjustment for species differences on a case-bycase basis.

(6) Additional adjustments shall be made to the data as appropriate. For some cancer data sets, it may be appropriate to combine incidences of multiple tumor types or combine benign and malignant tumors of the same histogenic origin. All doses shall be adjusted to give an average daily dose over the study duration. Adjustments shall be made to the tumor incidence for early mortality. Animals dying before the appearance of the first tumor within their dose group shall be removed from the data set. Before quantification of the dose response, a goodness-of-fit evaluation of the data shall be conducted.

(7) If human epidemiologic data, animal bioassay data, or other biological data indicate that a chemical causes cancer via a threshold mechanism, then the risk-associated dose may, on a case-by-case basis, be calculated using a method that assumes a threshold mechanism is operative.

(8) Inhalation unit risk factors shall be calculated in the same manner as cancer risk screening levels for inhalation risk under part 55 of the act.

**History**
- *History: 2013 AACS.*

##### **Mich. Admin. Code R 299.40** Availability of information used by department to establish cleanup criteria; public review and comment on revised criteria {#sec-r-299.40 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.40}

Rule 40. (1) The department shall make available to the public the detailed basis for calculation of any cleanup criterion established under these rules, including the references for original studies, papers, or other sources of information that were used or considered.

Requests for information under this rule shall specify the hazardous substance and exposure pathways for which information is desired.

(2) Any proposed change to a criterion shall be published by the department and subject to review and comment as part of the rule-making process.

CLEANUP CRITERIA REQUIREMENTS FOR RESPONSE ACTIVITY

**History**
- *History: 2013 AACS.*

##### **Mich. Admin. Code R 299.44** Generic groundwater cleanup criteria {#sec-r-299.44 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.44}

Rule 44. The generic groundwater cleanup criteria for all categories are shown in table 1 and table 1a.

TABLE 1. GROUNDWATER: RESIDENTIAL AND NONRESIDENTIAL

PART 201 GENERIC CLEANUP CRITERIA AND SCREENING LEVELS

All criteria, unless otherwise noted, are expressed in units of parts per billion (ppb). One ppb is equivalent to 1 microgram per liter (ug/L). Criteria with 6 or more digits are expressed in scientific notation. For example, 200,000 is presented as 2.0E+5. A footnote is designated by a letter in parentheses and is explained in the footnote pages that follow the criteria tables. When the risk-based criterion is less than the target detection limit (TDL), the TDL is listed as the criterion (§324.20120a(10)). In these cases, 2 numbers are present in the cell. The first number is the criterion (i.e., TDL), and the second number is the risk-based or solubility value, whichever is lower.

Acetone (I) 67641 730 2,100 1,700 1.0E+9 (D,S) 1.0E+9 (D,S) 1.00E+9 1.5E+7 Acetonitrile 75058 140 400 NA 2.4E+7 4.5E+7 2.00E+8 2.1E+7 Acetophenone 98862 1,500 4,400 ID 6.1E+6 (S) 6.1E+6 (S) 6.10E+6 ID Acrolein (I) 107028 120 330 NA 2,100 4,200 2.10E+8 6.7E+6 Acrylamide 79061 0.5 (A) 0.5 (A) 10 (X) NLV NLV 2.20E+9 NA Acrylic acid 79107 3,900 11,000 NA 1.2E+7 2.8E+7 1.00E+9 1.0E+9 (D)

Acrylonitrile (I) 107131 2.6 11 2.0 (M); 1.2 34,000 1.9E+5 7.50E+7 6.4E+6 Alachlor 15972608 2.0 (A) 2.0 (A) 11 (X) NLV NLV 1.83E+5 ID Aldicarb 116063 3.0 (A) 3.0 (A) NA NLV NLV 6.00E+6 ID Aldicarb sulfone 1646884 2.0 (A) 2.0 (A) NA NLV NLV 7.80E+6 ID Aldicarb sulfoxide 1646873 4.0 (A) 4.0 (A) NA NLV NLV 2.80E+7 ID Aldrin 309002 0.098 0.4 0.01 (M);

8.7E-6 180 (S) 180 (S) 180 ID

Aluminum (B) 7429905 50 (V) 50 (V) NA NLV NLV NA ID Ammonia 7664417 10,000 (N) 10,000 (N) (CC) 3.2E+6 7.1E+6 5.30E+8 ID t-Amyl methyl ether (TAME) 994058 190 (E) 190 (E) NA 2.6E+5 5.7E+5 2.64E+6 NA Aniline 62533 53 220 4 NLV NLV 3.60E+7 NA Anthracene 120127 43 (S) 43 (S) ID 43 (S) 43 (S) 43.4 ID Antimony 7440360 6.0 (A) 6.0 (A) 130 (X) NLV NLV NA ID Arsenic 7440382 10 (A) 10 (A) 10 NLV NLV NA ID Asbestos (BB) 1332214 7.0E MFL (A) 7.0E MFL (A) NA NLV NLV NA NA Atrazine 1912249 3.0 (A) 3.0 (A) 7.3 NLV NLV 70,000 ID Azobenzene 103333 23 94 ID 6,400 (S) 6,400 (S) 6,400 ID Barium (B) 7440393 2,000 (A) 2,000 (A) (G) NLV NLV NA ID TABLE 1. GROUNDWATER: RESIDENTIAL AND NONRESIDENTIAL

PART 201 GENERIC CLEANUP CRITERIA AND SCREENING LEVELS;

1.0 (M); 0.26

(S) ID NLV NLV 0.26 ID

Benzo(a)pyrene (Q) 50328 5.0 (A) 5.0 (A) ID NLV NLV 1.62 ID Benzoic acid 65850 32,000 92,000 NA NLV NLV 3.50E+6 ID Benzyl alcohol 100516 10,000 29,000 NA NLV NLV 4.40E+7 ID Benzyl chloride 100447 7.7 32 NA 12,000 77,000 4.90E+5 NA Beryllium 7440417 4.0 (A) 4.0 (A) (G) NLV NLV NA ID bis(2-Chloroethoxy)ethane 112265 ID ID ID NLV NLV 1.89E+7 ID bis(2-Chloroethyl)ether (I) 111444 2 8.3 1.0 (M); 0.79 38,000 2.1E+5 1.72E+7 1.7E+7 (S) bis(2-Ethylhexyl)phthalate 117817 6.0 (A) 6.0 (A) 25 NLV NLV 340 NA Boron (B) 7440428 500 (F) 500 (F) 7,200 (X) NLV NLV NA ID Bromate 15541454 10 (A) 10 (A) 40 (X) NLV NLV 38,000 ID Bromobenzene (I) 108861 18 50 NA 1.8E+5 3.9E+5 4.13E+5 ID Bromodichloromethane 75274 80 (A,W) 80 (A,W) ID 4,800 37,000 6.74E+6 ID Bromoform 75252 80 (A,W) 80 (A,W) ID 4.7E+5 3.1E+6 (S) 3.10E+6 ID Bromomethane 74839 10 29 35 4,000 9,000 1.45E+7 ID n-Butanol (I) 71363 950 2,700 9,800 (X) NLV NLV 7.40E+7 4.7E+7 2-Butanone (MEK) (I) 78933 13,000 38,000 2,200 2.4E+8 (S) 2.4E+8 (S) 2.40E+8 ID n-Butyl acetate 123864 550 1,600 NA 6.7E+6 (S) 6.7E+6 (S) 6.70E+6 2.5E+6 t-Butyl alcohol 75650 3,900 11,000 NA 1.0E+9 (D,S) 1.0E+9 (D,S) 1.00E+9 6.1E+7 Butyl benzyl phthalate 85687 1,200 2,700 (S) 67 (X) NLV NLV 2,690 ID n-Butylbenzene 104518 80 230 ID ID ID NA ID sec-Butylbenzene 135988 80 230 ID ID ID NA ID t-Butylbenzene (I) 98066 80 230 ID ID ID NA ID TABLE 1. GROUNDWATER: RESIDENTIAL AND NONRESIDENTIAL

PART 201 GENERIC CLEANUP CRITERIA AND SCREENING LEVELS;

2.0 (M);

0.00025 56 (S) 56 (S) 56 ID

Chloride 168870062.5E+5 (E) 2.5E+5 (E) (FF) NLV NLV NA ID Chlorobenzene (I) 108907 100 (A) 100 (A) 25 2.1E+5 4.7E+5 (S) 4.72E+5 1.6E+5 p-Chlorobenzene sulfonic acid 98668 7,300 21,000 ID ID ID NA ID 1-Chloro-1,1-difluoroethane 75683 15,000 44,000 NA 3.9E+6 (S) 3.9E+6 (S) 3.90E+6 NA Chloroethane 75003 430 1,700 1,100 (X) 5.7E+6 (S) 5.7E+6 (S) 5.74E+6 1.1E+5 2-Chloroethyl vinyl ether 110758 ID ID NA ID ID 1.50E+7 ID Chloroform 67663 80 (A,W) 80 (A,W) 350 28,000 1.8E+5 7.92E+6 ID Chloromethane (I) 74873 260 1,100 ID 8,600 45,000 6.34E+6 36,000 4-Chloro-3-methylphenol 59507 150 420 7.4 NLV NLV 3.90E+6 ID beta-Chloronaphthalene 91587 1,800 5,200 NA ID ID 6,740 ID 2-Chlorophenol 95578 45 130 18 4.9E+5 1.1E+6 2.20E+7 ID o-Chlorotoluene (I) 95498 150 420 ID 2.2E+5 3.7E+5 (S) 3.73E+5 ID Chlorpyrifos 2921882 22 63 2.0 (M); 0.002 2.9 6.6 1,120 ID Chromium (III) (B,H) 16065831100 (A) 100 (A) (G,X) NLV NLV NA ID Chromium (VI) 18540299100 (A) 100 (A) 11 NLV NLV NA ID Chrysene (Q) 218019 1.6 (S) 1.6 (S) ID ID ID 1.6 ID Cobalt 7440484 40 100 100 NLV NLV NA ID Copper (B) 7440508 1,000 (E) 1,000 (E) (G) NLV NLV NA ID Cyanazine 217254622.3 9.4 56 (X) NLV NLV 1.70E+5 ID TABLE 1. GROUNDWATER: RESIDENTIAL AND NONRESIDENTIAL

PART 201 GENERIC CLEANUP CRITERIA AND SCREENING LEVELS;

Diazinon 333415 1.3 3.8 1.0 (M); 0.004 NLV NLV 68,800 NA Dibenzo(a,h)anthracene (Q) 53703 2.0 (M); 0.21 2.0 (M); 0.85 ID NLV NLV 2.49 ID Dibenzofuran 132649 ID ID 4 10,000 (S) 10,000 (S) 10,000 ID Dibromochloromethane 124481 80 (A,W) 80 (A,W) ID 14,000 1.1E+5 2.60E+6 ID Dibromochloropropane 96128 0.2 (A) 0.2 (A) ID 220 1,200 (S) 1,230 NA Dibromomethane 74953 80 230 NA ID ID 1.10E+7 ID Dicamba 1918009 220 630 NA NLV NLV 4.50E+6 ID 1,2-Dichlorobenzene 95501 600 (A) 600 (A) 13 1.6E+5 (S) 1.6E+5 (S) 1.56E+5 NA 1,3-Dichlorobenzene 541731 6.6 19 28 18,000 41,000 1.11E+5 ID 1,4-Dichlorobenzene 106467 75 (A) 75 (A) 17 16,000 74,000 (S) 73,800 NA 3,3'-Dichlorobenzidine 91941 1.1 4.3 0.3 (M); 0.2 NLV NLV 3,110 ID Dichlorodifluoromethane 75718 1,700 4,800 ID 2.2E+5 3.0E+5 (S) 3.00E+5 ID 1,1-Dichloroethane 75343 880 2,500 740 1.0E+6 2.3E+6 5.06E+6 3.8E+5 1,2-Dichloroethane (I) 107062 5.0 (A) 5.0 (A) 360 (X) 9,600 59,000 8.52E+6 2.5E+6 1,1-Dichloroethylene (I) 75354 7.0 (A) 7.0 (A) 130 200 1,300 2.25E+6 97,000 cis-1,2-Dichloroethylene 156592 70 (A) 70 (A) 620 93,000 2.1E+5 3.50E+6 5.3E+5 TABLE 1. GROUNDWATER: RESIDENTIAL AND NONRESIDENTIAL

PART 201 GENERIC CLEANUP CRITERIA AND SCREENING LEVELS;

All criteria, unless otherwise noted, are expressed in units of parts per billion (ppb). One ppb is equivalent to 1microgram per liter (ug/L). Criteria with 6 or more digits are expressed in scientific notation. For example, 200,000 is presented as 2.0E+5. A footnote is designated by a letter in parentheses and is explained in the footnote pages that follow the criteria tables. When the risk-based criterion is less than the target detection limit (TDL), the TDL is listed as the criterion (§324.20120a(10)). In these cases, 2 numbers are present in the cell. The first number is the criterion (i.e., TDL), and the second number is the risk-based or solubility value, whichever is lower.

Diisopropylamine (I) 108189 5.6 16 NA 2.1E+7 3.7E+7 (S) 3.69E+7 4.6E+6 Dimethyl phthalate 131113 73,000 2.10E+05 NA NLV NLV 4.19E+6 NA N,N-Dimethylacetamide 127195 180 520 4,100 (X) NLV NLV 1.00E+9 NA N,N-Dimethylaniline 121697 16 46 NA 2.4E+5 1.3E+6 (S) 1.27E+6 NA Dimethylformamide (I) 68122 700 2,000 NA NLV NLV 1.00E+9 ID 2,4-Dimethylphenol 105679 370 1,000 380 NLV NLV 7.87E+6 ID 2,6-Dimethylphenol 576261 4.4 13 NA NLV NLV 6.14E+6 ID 3,4-Dimethylphenol 95658 10 29 25 NLV NLV 4.93E+6 ID Dimethylsulfoxide 67685 2.2E+5 6.3E+5 1.9E+5 NLV NLV 1.66E+8 ID 2,4-Dinitrotoluene 121142 7.7 32 NA NLV NLV 2.70E+5 ID Dinoseb 88857 7.0 (A) 7.0 (A) 1.0 (M); 0.48 NLV NLV 52,000 ID 1,4-Dioxane (I) 123911 7.2 (II) 350 2,800 (X) NLV NLV 9.00E+8 1.4E+8 Diquat 85007 20 (A) 20 (A) 20 (M); 6.0 NLV NLV 7.00E+5 ID Dissolved oxygen (DO) NA ID ID (EE) ID ID NA NA Diuron 330541 31 90 NA NLV NLV 37,300 ID TABLE 1. GROUNDWATER: RESIDENTIAL AND NONRESIDENTIAL

PART 201 GENERIC CLEANUP CRITERIA AND SCREENING LEVELS;

Hazardous Substance Chemical Abstract Service Number Residential Drinking Water Criteria Nonresidential Drinking Water Criteria Groundwater Surface Water Interface Criteria Residential Groundwater Volatilization to Indoor Air Inhalation Criteria Nonresidential Groundwater Volatilization to Indoor Air Inhalation Criteria Water Solubility Flammability and Explosivity Screening Level Endosulfan (J) 115297 44 130 0.03 (M); 0.029 ID ID 510 ID Endothall 145733 100 (A) 100 (A) NA NLV NLV 1.00E+8 ID Endrin 72208 2.0 (A) 2.0 (A) ID NLV NLV 250 ID Epichlorohydrin (I) 106898 5.0 (M); 2.0 (A) 5.0 (M); 2.0 (A) NA 3.2E+5 6.3E+5 6.60E+7 4.7E+7 Ethanol (I) 64175 1.9E+6 3.8E+6 ID NLV NLV 1.00E+9 9.7E+7 Ethyl acetate (I) 141786 6,600 19,000 NA 6.4E+7 (S) 6.4E+7 (S) 6.40E+7 4.2E+6 Ethyl-tert-butyl ether (ETBE) 637923 49 (E) 49 (E) ID 2.9E+6 5.6E+6 (S) 5.63E+6 ID Ethylbenzene (I) 100414 74 (E) 74 (E) 18 1.1E+5 1.7E+5 (S) 1.69E+5 43,000 Ethylene dibromide 106934 0.05 (A) 0.05 (A) 5.7 (X) 2,400 15,000 4.20E+6 ID Ethylene glycol 107211 15,000 42,000 1.9E+5 (X) NLV NLV 1.00E+9 NA Ethylene glycol monobutyl ether 111762 3,700 10,000 NA 2.9E+6 6.5E+6 2.24E+8 NA Fluoranthene 206440 210 (S) 210 (S) 1.6 210 (S) 210 (S) 206 ID Fluorene 86737 880 2,000 (S) 12 2,000 (S) 2,000 (S) 1,980 ID Fluorine (soluble fluoride) (B) 7782414 2,000 (E) 2,000 (E) ID NLV NLV NA ID Formaldehyde 50000 1,300 3,800 120 63,000 3.6E+5 5.50E+8 ID Formic acid (I,U) 64186 10,000 29,000 ID 7.7E+6 1.5E+7 1.00E+9 1.0E+9 (D) 1-Formylpiperidine 2591868 80 230 NA ID ID NA ID Gentian violet 548629 15 63 NA NLV NLV 1.00E+6 ID Glyphosate 1071836 700 (A) 700 (A) NA NLV NLV 1.16E+7 ID Heptachlor 76448 0.4 (A) 0.4 (A) 0.01 (M); 0.0018 180 (S) 180 (S) 180 ID Heptachlor epoxide 1024573 0.2 (A) 0.2 (A) ID NLV NLV 200 ID n-Heptane 142825 2,700 (S) 2,700 (S) NA 2,700 (S) 2,700 (S) 2,690 200 Hexabromobenzene 87821 0.17 (S); 20 0.17 (S); 58 ID ID ID 0.17 ID Hexachlorobenzene (C-66) 118741 1.0 (A) 1.0 (A) 0.2 (M); 0.0003 440 3,000 6,200 ID Hexachlorobutadiene (C-46) 87683 15 42 0.053 1,600 3,200 (S) 3,230 ID alpha-Hexachlorocyclohexane 319846 0.43 1.7 ID 2,000 (S) 2,000 (S) 2,000 ID beta-Hexachlorocyclohexane 319857 0.88 3.6 ID NLV NLV 240 ID Hexachlorocyclopentadiene (C-56) 77474 50 (A) 50 (A) ID 130 420 1,800 ID TABLE 1. GROUNDWATER: RESIDENTIAL AND NONRESIDENTIAL

PART 201 GENERIC CLEANUP CRITERIA AND SCREENING LEVELS;

Methanol 67561 3,700 10,000 5.9E+5 (X) 2.9E+7 (S) 2.9E+7 (S) 2.90E+7 4.5E+6 Methoxychlor 72435 40 (A) 40 (A) NA ID ID 45 ID 2-Methoxyethanol (I) 109864 7.3 21 NA NLV NLV 1.00E+9 ID 2-Methyl-4-chlorophenoxyacetic acid 94746 7.3 21 NA NLV NLV 9.24E+5 ID 2-Methyl-4,6-dinitrophenol 534521 20 (M); 2.6 20 (M); 7.3 NA NLV NLV 2.00E+5 ID N-Methyl-morpholine (I) 109024 20 56 NA NLV NLV 1.00E+9 ID Methyl parathion 298000 1.8 5.2 NA NLV NLV 50,000 ID 4-Methyl-2-pentanone (MIBK) (I) 108101 1,800 5,200 ID 2.0E+7 (S) 2.0E+7 (S) 2.00E+7 ID Methyl-tert-butyl ether (MTBE) 1634044 40 (E) 40 (E) 7,100 (X) 4.7E+7 (S) 4.7E+7 (S) 4.68E+7 ID Methylcyclopentane (I) 96377 ID ID NA 22,000 49,000 73,890 ID 4,4'-Methylene-bis-2- chloroaniline 101144 1.1 4.5 NA NLV NLV 14,000 ID Methylene chloride 75092 5.0 (A) 5.0 (A) 1,500 (X) 2.2E+5 1.4E+6 1.70E+7 ID TABLE 1. GROUNDWATER: RESIDENTIAL AND NONRESIDENTIAL

PART 201 GENERIC CLEANUP CRITERIA AND SCREENING LEVELS;

Hazardous Substance Chemical Abstract Service Number Residential Drinking Water Criteria Nonresidential Drinking Water Criteria Groundwater Surface Water Interface Criteria Residential Groundwater Volatilization to Indoor Air Inhalation Criteria Nonresidential Groundwater Volatilization to Indoor Air Inhalation Criteria Water Solubility Flammability and Explosivity Screening Level 2-Methylnaphthalene 91576 260 750 19 25,000 (S) 25,000 (S) 24,600 ID Methylphenols (J) 1319773 370 1,000 30 (M); 25 NLV NLV 2.80E+7 NA Metolachlor 51218452240 990 15 NLV NLV 5.30E+5 ID Metribuzin 21087649180 520 NA ID ID 1.20E+6 ID Mirex 2385855 0.02 (M); 6.8E-6 (S) 0.02 (M); 6.8E-6 (S) 0.02 (M); 6.8E-6 (S) ID ID 6.80E-6 NA Molybdenum (B) 7439987 73 210 3,200 (X) NLV NLV NA ID Naphthalene 91203 520 1,500 11 31,000 (S) 31,000 (S) 31,000 NA Nickel (B) 7440020 100 (A) 100 (A) (G) NLV NLV NA ID Nitrate (B,N) 1479755810,000 (A,N) 10,000 (A,N) ID NLV NLV NA ID Nitrite (B,N) 147976501,000 (A,N) 1,000 (A,N) NA NLV NLV NA ID Nitrobenzene (I) 98953 3.4 9.6 180 (X) 2.8E+5 5.5E+5 2.09E+6 NA 2-Nitrophenol 88755 20 58 ID NLV NLV 2.50E+6 ID n-Nitroso-di-n-propylamine 621647 5.0 (M); 0.19 5.0 (M); 0.77 NA NLV NLV 9.89E+6 ID N-Nitrosodiphenylamine 86306 270 1,100 NA NLV NLV 35,100 ID Oxamyl 23135220200 (A) 200 (A) NA NLV NLV 2.80E+8 ID Oxo-hexyl acetate 8823035773 210 NA ID ID NA ID Pendimethalin 40487421280 (S) 280 (S) NA NLV NLV 275 ID Pentachlorobenzene 608935 6.1 17 5.0 (M); 0.019 ID ID 650 ID Pentachloronitrobenzene 82688 32 (S) 32 (S) NA 32 (S) 32 (S) 32 ID Pentachlorophenol 87865 1.0 (A) 1.0 (A) (G,X) NLV NLV 1.85E+6 ID Pentane 109660 ID ID NA 38,000 (S) 38,000 (S) 38,200 340 2-Pentene (I) 109682 ID ID NA ID ID 2.03E+5 ID pH NA 6.5 to 8.5 (E) 6.5 to 8.5 (E) 6.5 to 9.0 ID ID NA NA Phenanthrene 85018 52 150 2.0 (M); 1.4 1,000 (S) 1,000 (S) 1,000 ID Phenol 108952 4,400 13,000 450 NLV NLV 8.28E+7 NA Phenytoin 57410 17 68 89 (X) NLV NLV 32,000 ID Phosphorus (Total) 7723140 63,000 2.40E+05 (EE) NLV NLV NA ID Phthalic acid 88993 14,000 40,000 NA NLV NLV 1.42E+7 ID TABLE 1. GROUNDWATER: RESIDENTIAL AND NONRESIDENTIAL

PART 201 GENERIC CLEANUP CRITERIA AND SCREENING LEVELS;

Propyl alcohol (I) 71238 1,400 4,000 NA NLV NLV 1.00E+9 7.1E+7 n-Propylbenzene (I) 103651 80 230 ID ID ID NA ID Propylene glycol 57556 1.5E+5 4.2E+5 2.9E+5 NLV NLV 1.00E+9 ID Pyrene 129000 140 (S) 140 (S) ID 140 (S) 140 (S) 135 ID Pyridine (I) 110861 20 (M); 7.3 21 NA 5,500 12,000 3.00E+5 81,000 Selenium (B) 7782492 50 (A) 50 (A) 5 NLV NLV NA ID Silver (B) 7440224 34 98 0.2 (M); 0.06 NLV NLV NA ID Silvex (2,4,5-TP) 93721 50 (A) 50 (A) 30 NLV NLV 1.40E+5 ID Simazine 122349 4.0 (A) 4.0 (A) 17 NLV NLV 4,470 ID Sodium 17341252 2.3E+S(HH ) 3.5E+5 NA NLV NLV NA ID Sodium azide 26628228 88 250 50 (M); 7.3 ID ID NA ID Strontium (B) 7440246 4,600 13,000 21,000 NLV NLV NA ID Styrene 100425 100 (A) 100 (A) 80 (X) 1.7E+5 3.1E+5 (S) 3.10E+5 1.4E+5 Sulfate 14808798 2.5E+5 (E) 2.5E+5 (E) NA NLV NLV NA ID Tebuthiuron 34014181 510 1,500 NA NLV NLV 2.50E+6 ID 2,3,7,8-Tetrabromodibenzo-p-dioxin (O) 50585416 (O) (O) (O) NLV NLV 0.00996 ID 1,2,4,5-Tetrachlorobenzene 95943 1,300 (S) 1,300 (S) 2.9 (X) 1,300 (S) 1,300 (S) 1,300 ID 2,3,7,8-Tetrachlorodibenzo-p-dioxin (O) 1746016 3.0E-5 (A) 3.0E-5 (A) 1.0E-5 (M); 3.1E-9 NLV NLV 0.019 ID 1,1,1,2-Tetrachloroethane 630206 77 320 ID 15,000 96,000 1.10E+6 ID TABLE 1. GROUNDWATER: RESIDENTIAL AND NONRESIDENTIAL

PART 201 GENERIC CLEANUP CRITERIA AND SCREENING LEVELS;

Hazardous Substance Chemical Abstract Service Number Residential Drinking Water Criteria Nonresidential Drinking Water Criteria Groundwater Surface Water Interface Criteria Residential Groundwater Volatilization to Indoor Air Inhalation Criteria Nonresidential Groundwater Volatilization to Indoor Air Inhalation Criteria Water Solubility Flammability and Explosivity Screening Level 1,1,2,2-Tetrachloroethane 79345 8.5 35 78 (X) 12,000 77,000 2.97E+6 ID Tetrachloroethylene 127184 5.0 (A) 5.0 (A) 60 (X) 25,000 1.7E+5 2.00E+5 ID Tetrahydrofuran 109999 95 270 11,000 (X) 6.9E+6 1.6E+7 1.00E+9 60,000 Tetranitromethane 509148 ID ID NA 580 3,200 85,000 ID Thallium (B) 7440280 2.0 (A) 2.0 (A) 3.7 (X) NLV NLV NA ID Toluene (I) 108883 790 (E) 790 (E) 270 5.3E+5 (S) 5.3E+5 (S) 5.26E+5 61,000 p-Toluidine 106490 15 62 NA NLV NLV 7.60E+6 NA Total dissolved solids (TDS) NA 5.0E+5 (E) 5.0E+5 (E) (EE) ID ID NA NA Toxaphene 8001352 3.0 (A) 3.0 (A) 1.0 (M); 6.8E-5 NLV NLV 740 ID Triallate 2303175 95 270 NA ID ID 4,000 ID Tributylamine 102829 10 29 ID 14,000 32,000 75,400 ID 1,2,4-Trichlorobenzene 120821 70 (A) 70 (A) 99 (X) 3.0E+5 (S) 3.0E+5 (S) 3.00E+5 NA 1,1,1-Trichloroethane 71556 200 (A) 200 (A) 89 6.6E+5 1.3E+6 (S) 1.33E+6 ID 1,1,2-Trichloroethane 79005 5.0 (A) 5.0 (A) 330 (X) 17,000 1.1E+5 4.42E+6 NA Trichloroethylene 79016 5.0 (A) 5.0 (A) 200 (X) 2,200 4,900 1.10E+6 ID Trichlorofluoromethane 75694 2,600 7,300 NA 1.1E+6 (S) 1.1E+6 (S) 1.10E+6 ID 2,4,5-Trichlorophenol 95954 730 2,100 NA NLV NLV 1.20E+6 ID 2,4,6-Trichlorophenol 88062 120 470 5 NLV NLV 8.00E+5 ID 1,2,3-Trichloropropane 96184 42 120 NA 8,300 18,000 1.90E+6 NA 1,1,2-Trichloro-1,2,2-trifluoroethane 76131 1.7E+5 (S) 1.7E+5 (S) 32 1.7E+5 (S) 1.7E+5 (S) 1.70E+5 ID Triethanolamine 102716 3,700 10,000 NA NLV NLV 1.00E+9 ID Triethylene glycol 112276 4,300 12,000 NA NLV NLV 1.00E+6 ID 3-Trifluoromethyl-4-nitrophenol 88302 4,500 13,000 NA NLV NLV 5.00E+6 ID Trifluralin 1582098 37 110 NA ID ID 8,100 ID 2,2,4-Trimethyl pentane 540841 ID ID NA 2,300 (S) 2,300 (S) 2,330 160 2,4,4-Trimethyl-2-pentene (I) 107404 ID ID NA ID ID 11,900 ID 1,2,4-Trimethylbenzene (I) 95636 63 (E) 63 (E) 17 56,000 (S) 56,000 (S) 55,890 56,000 (S) 1,3,5-Trimethylbenzene (I) 108678 72 (E) 72 (E) 45 61,000 (S) 61,000 (S) 61,150 ID TABLE 1. GROUNDWATER: RESIDENTIAL AND NONRESIDENTIAL

PART 201 GENERIC CLEANUP CRITERIA AND SCREENING LEVELS;

0.71 10 (M); 2.9 ID 4,700 (S) 4,700 (S) 4,700 ID

Urea 57136 ID ID NA NLV NLV NA ID Vanadium 7440622 4.5 62 27 NLV NLV NA ID Vinyl acetate (I) 108054 640 1,800 NA 4.1E+6 8.9E+6 2.00E+7 1.8E+6 Vinyl chloride 75014 2.0 (A) 2.0 (A) 13 (X) 1,100 13,000 2.76E+6 33,000 White phosphorus (R) 12185103 0.11 0.31 NA NLV NLV NA ID Xylenes (I) 1330207 280 (E) 280 (E) 41 1.9E+5 (S) 1.9E+5 (S) 1.86E+5 70,000 Zinc (B) 7440666 2,400 5,000 (E) (G) NLV NLV NA ID TABLE 1a. PER- AND POLYFLUOROALKYL SUBSTANCES GROUNDWATER: RESIDENTIAL AND NONRESIDENTIAL

PART 201 GENERIC CLEANUP CRITERIA AND SCREENING LEVELS

Pursuant to section 20120a(10) of the act, MCL 324.20120a, when the risk-based criterion is less than the target detection limit (TDL), the TDL is listed as the criterion. In these cases, 2 numbers are present in the cell. The first number is the criterion (i.e., TDL), and the second number is the risk-based or solubility value, whichever is lower.

**History**
- *History: 2013 AACS; 2017 AACS; 2022 AACS.*

##### **Mich. Admin. Code R 299.46** Generic soil cleanup criteria for residential catergory {#sec-r-299.46 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.46}

Rule 46The generic soil cleanup criteria for residential category shall be as shown in table 2.

TABLE 2. SOIL: RESIDENTIAL

PART 201 GENERIC CLEANUP CRITERIA AND SCREENING LEVELS

All criteria, unless otherwise noted, are expressed in units of parts per billion (ppb). One ppb is equivalent to 1 microgram per kilogram (ug/kg). Criteria with 6 or more digits are expressed in scientific notation. For example, 200,000 is presented as 2.0E+5. A footnote is designated by a letter in parentheses and is explained in the footnote pages that follow the criteria tables. When the risk-based criterion is less than the target detection limit (TDL), the TDL is listed as the criterion (§324.20120a(10)). In these cases, 2 numbers are present in the cell. The first number is the criterion (i.e., TDL), and the second number is the risk-based value.

Groundwater Protection Indoor Air Ambient Air (Y) (C) Contact Csat Hazardous Substance Chemic al Abstract Service Number Statewid e Default Backgrou nd Level Residentia l Drinking Water Protection Criteria Groundwater Surface Water Interface Protection Criteria Soil Volatilization to Indoor Air Inhalation Criteria Infinite Source Volatile Soil Inhalation Criteria (VSIC)

Finite VSIC for 5 Meter Source Thickness Finite VSIC for 2 Meter Source Thickness Particulate Soil Inhalation Criteria Direct Contact Criteria Soil Saturation Concentration Screening Levels Acenaphthene 83329 NA 3.0E+5 8,700 1.9E+8 8.1E+7 8.1E+7 8.1E+7 1.4E+10 4.1E+7 NA Acenaphthylen e 208968 NA 5,900 ID 1.6E+6 2.2E+6 2.2E+6 2.2E+6 2.3E+9 1.6E+6 NA Acetaldehyde (I) 75070 NA 19,000 2,600 2.2E+5 1.7E+5 1.7E+5 2.8E+5 6.0E+8 2.9E+7 1.1E+8 Acetate 71501 NA ID (G) ID ID ID ID ID ID ID Acetic acid 64197 NA 84,000 (G) NLV NLV NLV NLV 1.7E+10 1.3E+8 6.5E+8 Acetone (I) 67641 NA 15,000 34,000 2.9E+8 (C) 1.3E+8 1.3E+8 1.9E+8 3.9E+11 2.3E+7 1.1E+8 Acetonitrile 75058 NA 2,800 NA 4.8E+6 1.6E+6 1.6E+6 2.1E+6 4.0E+9 4.3E+6 2.2E+7 Acetophenone 98862 NA 30,000 ID 1.2E+8 (C) 4.4E+7 4.4E+7 4.4E+7 3.3E+10 4.7E+7 (C) 1.1E+6 Acrolein (I) 107028 NA 2,400 NA 410 310 310 610 1.3E+6 3.6E+6 2.3E+7 Acrylamide 79061 NA 10 200 (X) NLV NLV NLV NLV 2.4E+6 1,900 NA Acrylic acid 79107 NA 78,000 NA 2.4E+6 1.9E+5 2.3E+5 2.3E+5 6.7E+7 3.5E+7 (DD) 1.1E+8 Acrylonitrile (I) 107131 NA 100 (M);

52 100 (M); 40 6,600 5,000 5,100 10,000 4.6E+7 16,000 8.3E+6

Alachlor 159726 08 NA 52 290 (X) NLV NLV NLV NLV ID 93,000 NA Aldicarb 116063 NA 60 NA NLV NLV NLV NLV ID 2.3E+5 NA Aldicarb sulfone 164688 4 NA 200 (M);

40 NA NLV NLV NLV NLV ID 2.5E+5 NA

Aldicarb sulfoxide 164687 3 NA 200(M);

80 NA NLV NLV NLV NLV ID 2.9E+5 NA

Aldrin 309002 NA NLL NLL 1.3E+6 58,000 58,000 58,000 6.4E+5 1,000 NA Aluminum (B) 742990 5 6.9E+6 1,000 NA NLV NLV NLV NLV ID 5.0E+7 (DD) NA Ammonia 766441 7 NA ID (CC) ID ID ID ID 6.7E+9 ID 1.0E+7 t-Amyl methyl ether (TAME) 994058 NA 3,900 NA 58,000 3.4E+5 7.6E+5 1.8E+6 4.1E+9 2.9E+7 (C) 4.4E+5 Aniline 62533 NA 1,100 330 (M); 80 NLV NLV NLV NLV 6.7E+7 3.3E+5 4.5E+6 Anthracene 120127 NA 41,000 ID 1.0E+9 (D) 1.4E+9 1.4E+9 1.4E+9 6.7E+10 2.3E+8 NA Antimony 744036 0 NA 4,300 94,000 (X) NLV NLV NLV NLV 1.3E+7 1.8E+5 NA Arsenic 744038 2 5,800 4,600 4,600 NLV NLV NLV NLV 7.2E+5 7,600 NA Asbestos (BB) 133221 4 NA NLL NLL NLV NLV NLV NLV 1.0E+7 (M);

68,000 ID NA

Atrazine 191224 9 NA 60 150 NLV NLV NLV NLV ID 71,000 (DD) NA Azobenzene 103333 NA 4,200 ID 6.1E+6 6.3E+5 6.3E+5 6.3E+5 1.0E+8 1.4E+5 NA TABLE 2. SOIL: RESIDENTIAL

PART 201 GENERIC CLEANUP CRITERIA AND SCREENING LEVELS

Groundwater Protection Indoor Air Ambient Air (Y) (C) Contact Csat Hazardous Substance Chemical Abstract Service Number Statewide Default Background Level Residential Drinking Water Protection Criteria Groundwater Surface Water Interface Protection Criteria Soil Volatilization to Indoor Air Inhalation Criteria Infinite Source Volatile Soil Inhalation Criteria (VSIC)

Finite VSIC for 5 Meter Source Thickness Finite VSIC for 2 Meter Source Thickness Particulate Soil Inhalation Criteria Direct Contact Criteria Soil Saturation Concentration Screening Levels Barium (B) 7440393 75,000 1.3E+6 (G) NLV NLV NLV NLV 3.3E+8 3.7E+7 NA Benzene (I) 71432 NA 100 4,000 (X) 1,600 13,000 34,000 79,000 3.8E+8 1.8E+5 4.0E+5 Benzidine 92875 NA 1,000 (M); 6.0 1,000 (M);

6.0 NLV NLV NLV NLV 46,000

1,000 (M);

23 NA

Benzo(a)anthracene (Q) 56553 NA NLL NLL NLV NLV NLV NLV ID 20,000 NA Benzo(b)fluoranthene (Q) 205992 NA NLL NLL ID ID ID ID ID 20,000 NA Benzo(k)fluoranthene (Q) 207089 NA NLL NLL NLV NLV NLV NLV ID 2.0E+5 NA Benzo(g,h,i)perylene 191242 NA NLL NLL NLV NLV NLV NLV 8.0E+8 2.5E+6 NA Benzo(a)pyrene (Q) 50328 NA NLL NLL NLV NLV NLV NLV 1.5E+6 2,000 NA Benzoic acid 65850 NA 6.4E+5 NA NLV NLV NLV NLV ID 9.9E+8 NA Benzyl alcohol 100516 NA 2.0E+5 NA NLV NLV NLV NLV 3.3E+11 3.2E+8 (C) 5.8E+6 Benzyl chloride 100447 NA 150 NA 6,300 14,000 14,000 17,000 6.2E+7 48,000 2.3E+5 Beryllium 7440417 NA 51,000 (G) NLV NLV NLV NLV 1.3E+6 4.1E+5 NA bis(2- Chloroethoxy)ethane 112265 NA ID ID NLV NLV NLV NLV ID ID 2.7E+6 bis(2-Chloroethyl)ether (I) 111444 NA 100 100 (M); 20 8,300 3,800 3,800 3,800 9.4E+6 13,000 2.2E+6 bis(2- Ethylhexyl)phthalate 117817 NA NLL NLL NLV NLV NLV NLV 7.0E+8 2.8E+6 1.0E+7 Boron (B) 7440428 NA 10,000 1.4E+5 (X) NLV NLV NLV NLV ID 4.8E+7 (DD) NA Bromate 15541454 NA 200 800 (X) NLV NLV NLV NLV ID 17,000 NA Bromobenzene (I) 108861 NA 550 NA 3.1E+5 4.5E+5 4.5E+5 4.5E+5 5.3E+8 5.4E+5 7.6E+5 Bromodichloromethane 75274 NA 1,600 (W) ID 1,200 9,100 9,700 19,000 8.4E+7 1.1E+5 1.5E+6 Bromoform 75252 NA 1,600 (W) ID 1.5E+5 9.0E+5 9.0E+5 9.0E+5 2.8E+9 8.2E+5 8.7E+5 Bromomethane 74839 NA 200 700 860 11,000 57,000 1.4E+5 3.3E+8 3.2E+5 2.2E+6 n-Butanol (I) 71363 NA 19,000 2.0E+5 NLV NLV NLV NLV 2.3E+10 2.9E+7 (C) 8.7E+6 2-Butanone (MEK) (I) 78933 NA 2.6E+5 44,000 5.4E+7 (C) 2.9E+7 2.9E+7 3.5E+7 6.7E+10 1.2E+8 (C, DD) 2.7E+7 n-Butyl acetate 123864 NA 11,000 NA 5.6E+7 (C) 1.1E+8 2.6E+8 3.2E+8 4.7E+11 1.7E+7 (C) 1.1E+6 t-Butyl alcohol 75650 NA 78,000 NA 3.1E+8 (C) 9.7E+7 2.0E+8 2.0E+8 1.3E+11 1.2E+8 (C) 1.1E+8 Butyl benzyl phthalate 85687 NA 2.2E+6 (C) 1.2E+5 (X) NLV NLV NLV NLV 4.7E+10 3.6E+7 (C) 3.1E+5 n-Butylbenzene 104518 NA 1,600 ID ID ID ID ID 2.0E+9 2.5E+6 1.0E+7 TABLE 2. SOIL: RESIDENTIAL

PART 201 GENERIC CLEANUP CRITERIA AND SCREENING LEVELS

Groundwater Protection Indoor Air Ambient Air (Y) (C) Contact Csat Hazardous Substance Chemical Abstract Service Number Statewide Default Background Level Residential Drinking Water Protection Criteria Groundwater Surface Water Interface Protection Criteria Soil Volatilization to Indoor Air Inhalation Criteria Infinite Source Volatile Soil Inhalation Criteria (VSIC)

Finite VSIC for 5 Meter Source Thickness Finite VSIC for 2 Meter Source Thickness Particulate Soil Inhalation Criteria Direct Contact Criteria Soil Saturation Concentration Screening Levels sec-Butylbenzene 135988 NA 1,600 ID ID ID ID ID 4.0E+8 2.5E+6 1.0E+7 t-Butylbenzene (I) 98066 NA 1,600 ID ID ID ID ID 6.7E+8 2.5E+6 1.0E+7 Cadmium (B) 7440439 1,200 6,000 (G,X) NLV NLV NLV NLV 1.7E+6 5.5E+5 NA Camphene (I) 79925 NA ID NA 3,700 1.5E+5 9.1E+5 2.2E+6 5.3E+9 ID NA Caprolactam 105602 NA 1.2E+5 NA NLV NLV NLV NLV 6.7E+8 5.3E+7 (DD) NA Carbaryl 63252 NA 14,000 NA ID ID ID ID ID 2.2E+7 NA Carbazole 86748 NA 9,400 1,100 NLV NLV NLV NLV 6.2E+7 5.3E+5 NA Carbofuran 1563662 NA 800 NA NLV NLV NLV NLV ID 1.1E+6 NA Carbon disulfide (I,R) 75150 NA 16,000 ID 76,000 1.3E+6 7.9E+6 1.9E+7 4.7E+10 7.2E+6 (C, DD) 2.8E+5 Carbon tetrachloride 56235 NA 100 900 (X) 190 3,500 12,000 28,000 1.3E+8 96,000 3.9E+5 Chlordane (J) 57749 NA NLL NLL 1.1E+7 1.2E+6 1.2E+6 1.2E+6 3.1E+7 31,000 NA Chloride 16887006 NA 5.0E+6 (X) NLV NLV NLV NLV ID 5.0E+5 (F) NA Chlorobenzene (I) 108907 NA 2,000 500 1.2E+5 7.7E+5 9.9E+5 2.1E+6 4.7E+9 4.3E+6 (C) 2.6E+5 p-Chlorobenzene sulfonic acid 98668 NA 1.5E+5 ID ID ID ID ID ID 2.3E+8 ID 1-Chloro-1,1difluoroethane 75683 NA 3.0E+5 NA 2.9E+6 (C) 7.9E+7 5.6E+8 1.4E+9 3.3E+12 4.7E+8 (C) 9.6E+5 Chloroethane 75003 NA 8,600 22,000 (X) 2.9E+6 (C) 3.00E+07 1.2E+8 2.8E+8 6.7E+11 2.6E+6 (C) 9.5E+5 2-Chloroethyl vinyl ether 110758 NA ID NA ID ID ID ID ID ID 1.9E+6 Chloroform 67663 NA 1,600 (W) 7,000 7,200 45,000 1.2E+5 2.7E+5 1.3E+9 1.2E+6 1.5E+6 Chloromethane (I) 74873 NA 5,200 ID 2,300 40,000 4.1E+5 1.0E+6 4.9E+9 1.6E+6 (C) 1.1E+6 4-Chloro-3methylphenol 59507 NA 5,800 280 NLV NLV NLV NLV ID 4.5E+6 NA beta- Chloronaphthalene 91587 NA 6.2E+5 NA ID ID ID ID ID 5.6E+7 NA 2-Chlorophenol 95578 NA 900 360 4.3E+5 9.6E+5 9.6E+5 9.6E+5 1.2E+9 1.4E+6 1.9E+7 o-Chlorotoluene (I) 95498 NA 3,300 ID 2.7E+5 1.2E+6 2.9E+6 6.3E+6 4.7E+9 4.5E+6 (C) 5.0E+5 Chlorpyrifos 2921882 NA 17,000 1,500 130 4,600 23,000 55,000 1.3E+8 1.1E+7 NA Chromium (III)

(B,H) 16065831 18,000

(total) 1.0E+9 (D) (G,X) NLV NLV NLV NLV 3.3E+8 7.9E+8 NA Chromium (VI) 18540299 NA 30,000 3,300 NLV NLV NLV NLV 2.6E+5 2.5E+6 NA Chrysene (Q) 218019 NA NLL NLL ID ID ID ID ID 2.0E+6 NA TABLE 2. SOIL: RESIDENTIAL

PART 201 GENERIC CLEANUP CRITERIA AND SCREENING LEVELS

Groundwater Protection Indoor Air Ambient Air (Y) (C) Contact Csat Hazardous Substance Chemical Abstract Service Number Statewide Default Background Level Residential Drinking Water Protection Criteria Groundwater Surface Water Interface Protection Criteria Soil Volatilization to Indoor Air Inhalation Criteria Infinite Source Volatile Soil Inhalation Criteria (VSIC)

Finite VSIC for 5 Meter Source Thickness Finite VSIC for 2 Meter Source Thickness Particulate Soil Inhalation Criteria Direct Contact Criteria Soil Saturation Concentration Screening Levels Cobalt 7440484 6,800 800 2,000 NLV NLV NLV NLV 1.3E+7 2.6E+6 NA Copper (B) 7440508 32,000 5.8E+6 (G) NLV NLV NLV NLV 1.3E+8 2.0E+7 NA Cyanazine 21725462 NA 200 1,100 (X) NLV NLV NLV NLV ID 14,000 NA Cyanide (P,R) 57125 390 (total) 4,000 100 NLV NLV NLV NLV 2.5E+5 12,000 NA Cyclohexanone 108941 NA 5.2E+6 NA 17,000 1.0E+6 1.1E+7 2.7E+7 6.7E+10 1.0E+9 (C,D) 2.2E+8 Dacthal 1861321 NA 50,000 NA NLV NLV NLV NLV ID 2.3E+6 NA Dalapon 75990 NA 4,000 NA NLV NLV NLV NLV ID 1.9E+7 5.9E+7 4-4'-DDD 72548 NA NLL NLL NLV NLV NLV NLV 4.4E+7 95,000 NA 4-4'-DDE 72559 NA NLL NLL NLV NLV NLV NLV 3.2E+7 45,000 NA 4-4'-DDT 50293 NA NLL NLL NLV NLV NLV NLV 3.2E+7 57,000 NA Decabromodiphenyl ether 1163195 NA 1.4E+5 NA 1.0E+9 (D) 8.6E+7 8.6E+7 8.6E+7 2.3E+9 3.8E+6 NA Di-n-butyl phthalate 84742 NA 9.6E+5 (C) 11,000 NLV NLV NLV NLV 3.3E+9 2.7E+7 (C) 7.6E+5 Di(2-ethylhexyl) adipate 103231 NA 1.3E+7 (C) ID NLV NLV NLV NLV 9.2E+9 1.5E+7 (C, DD) 9.6E+5 Di-n-octyl phthalate 117840 NA 1.0E+8 ID NLV NLV NLV NLV 3.1E+10 6.9E+6 1.4E+8 Diacetone alcohol (I) 123422 NA ID NA NLV NLV NLV NLV 1.6E+11 ID 1.1E+8 Diazinon 333415 NA 95 72 NLV NLV NLV NLV ID 12,000 (DD) 3.1E+5 Dibenzo(a,h)anthracene (Q) 53703 NA NLL NLL NLV NLV NLV NLV ID 2,000 NA Dibenzofuran 132649 NA ID 1,700 2.0E+6 1.3E+5 1.3E+5 1.3E+5 6.7E+6 ID NA Dibromochloromethane 124481 NA 1,600 (W) ID 3,900 24,000 24,000 33,000 1.3E+8 1.1E+5 6.1E+5 Dibromochloropropane 96128 NA 10 (M); 4.0 ID 220 260 260 260 5.6E+5 4,400 (C) 1,200 Dibromomethane 74953 NA 1,600 NA ID ID ID ID ID 2.5E+6 (C) 2.0E+6 Dicamba 1918009 NA 4,400 NA NA NLV NLV NLV ID 3.4E+6 NA 1,2-Dichlorobenzene 95501 NA 14,000 280 1.1E+7 (C) 3.9E+7 3.9E+7 5.2E+7 1.0E+11 1.9E+7 (C) 2.1E+5 1,3-Dichlorobenzene 541731 NA 170 680 26,000 79,000 79,000 1.1E+5 2.0E+8 2.0E+5 (C) 1.7E+5 1,4-Dichlorobenzene 106467 NA 1,700 360 19,000 77,000 77,000 1.1E+5 4.5E+8 4.0E+5 NA 3,3'-Dichlorobenzidine 91941 NA 2,000 (M);

2,000 (M);

7.4 NLV NLV NLV NLV 6.5E+6 6,600 NA

Dichlorodifluoromethane 75718 NA 95,000 ID 9.0E+5 5.3E+7 5.5E+8 1.4E+9 3.3E+12 5.2E+7 (C) 1.0E+6 TABLE 2. SOIL: RESIDENTIAL

PART 201 GENERIC CLEANUP CRITERIA AND SCREENING LEVELS

Groundwater Protection Indoor Air Ambient Air (Y) (C) Contact Csat Hazardous Substance Chemical Abstract Service Number Statewide Default Background Level Residential Drinking Water Protection Criteria Groundwater Surface Water Interface Protection Criteria Soil Volatilization to Indoor Air Inhalation Criteria Infinite Source Volatile Soil Inhalation Criteria (VSIC)

Finite VSIC for 5 Meter Source Thickness Finite VSIC for 2 Meter Source Thickness Particulate Soil Inhalation Criteria Direct Contact Criteria Soil Saturation Concentration Screening Levels 1,1-Dichloroethane 75343 NA 18,000 15,000 2.3E+5 2.1E+6 5.9E+6 1.4E+7 3.3E+10 2.7E+7 (C) 8.9E+5 1,2-Dichloroethane (I) 107062 NA 100 7,200 (X) 2,100 6,200 11,000 26,000 1.2E+8 91,000 1.2E+6 1,1- Dichloroethylene (I) 75354 NA 140 2,600 62 1,100 5,300 13,000 6.2E+7 2.0E+5 5.7E+5 cis-1,2- Dichloroethylene 156592 NA 1,400 12,000 22,000 1.8E+5 4.2E+5 9.9E+5 2.3E+9 2.5E+6 (C) 6.4E+5 trans-1,2- Dichloroethylene 156605 NA 2,000 30,000 (X) 23,000 2.8E+5 8.3E+5 2.0E+6 4.7E+9 3.8E+6 (C) 1.4E+6 2,6-Dichloro-4nitroaniline 99309 NA 44,000 NA NLV NLV NLV NLV ID 6.8E+7 NA 2,4-Dichlorophenol 120832 NA 1,500 330 (M); 220 NLV NLV NLV NLV 5.1E+9 6.6E+5 (DD) 1.8E+6 2,4- Dichlorophenoxy acetic acid 94757 NA 1,400 4,400 NLV NLV NLV NLV 6.7E+9 2.5E+6 NA 1,2- Dichloropropane (I) 78875 NA 100 4,600 (X) 4,000 25,000 50,000 1.1E+5 2.7E+8 1.4E+5 5.5E+5 1,3- Dichloropropene 542756 NA 170 180 (X) 1,000 18,000 68,000 1.6E+5 7.8E+8 10,000 6.2E+5 Dichlorovos 62737 NA 50 (M); 32 NA NLV NLV NLV NLV 3.3E+7 10,000 2.2E+6 Dicyclohexyl phthalate 84617 NA ID NA ID ID ID ID ID ID NA Dieldrin 60571 NA NLL NLL 1.4E+5 19,000 19,000 19,000 6.8E+5 1,100 NA Diethyl ether 60297 NA 200 ID 2.8E+7 (C) 8.5E+7 1.5E+8 3.4E+8 8.0E+11 1.1E+8 (C) 7.4E+6 Diethyl phthalate 84662 NA 1.1E+5 2,200 NLV NLV NLV NLV 3.3E+9 1.7E+8 (C) 7.4E+5 Diethylene glycol monobutyl ether 112345 NA 1,800 NA NLV NLV NLV NLV 1.3E+9 2.7E+6 1.1E+8 Diisopropyl ether 108203 NA 600 ID 6.7E+5 (C) 3.4E+5 7.6E+5 1.8E+6 4.1E+9 9.2E+5 (C) 1,300 Diisopropylamine (I) 108189 NA 110 NA 5.5E+6 6.2E+6 6.2E+6 7.3E+6 1.3E+10 1.7E+5 6.7E+6 Dimethyl phthalate 131113 NA 1.5E+6 (C) NA NLV NLV NLV NLV 3.3E+9 1.0E+9 (C,D) 7.9E+5 N,N- Dimethylacetamide 127195 NA 3,600 82,000 (X) NLV NLV NLV NLV ID 5.6E+6 1.1E+8 N,N-Dimethylaniline 121697 NA 320 NA 1.7E+5 1.5E+5 1.5E+5 1.5E+5 2.6E+8 5.0E+5 8.0E+5 Dimethylformamide (I) 68122 NA 14,000 NA NLV NLV NLV NLV 2.0E+9 2.2E+7 1.1E+8 2,4-Dimethylphenol 105679 NA 7,400 7,600 NLV NLV NLV NLV 4.7E+9 1.1E+7 NA 2,6-Dimethylphenol 576261 NA 330 (M); 88 NA NLV NLV NLV NLV 1.3E+8 1.4E+5 NA 3,4-Dimethylphenol 95658 NA 330 (M); 200 500 NLV NLV NLV NLV 2.3E+8 3.2E+5 NA Dimethylsulfoxide 67685 NA 4.4E+6 3.8E+6 NLV NLV NLV NLV 1.3E+9 1.0E+9 (C,D) 1.8E+7 2,4-Dinitrotoluene 121142 NA 430 NA NLV NLV NLV NLV 1.6E+7 48,000 NA TABLE 2. SOIL: RESIDENTIAL

PART 201 GENERIC CLEANUP CRITERIA AND SCREENING LEVELS

Groundwater Protection Indoor Air Ambient Air (Y) (C) Contact Csat Hazardous Substance Chemical Abstract Service Number Statewide Default Background Level Residential Drinking Water Protection Criteria Groundwater Surface Water Interface Protection Criteria Soil Volatilization to Indoor Air Inhalation Criteria Infinite Source Volatile Soil Inhalation Criteria (VSIC)

Finite VSIC for 5 Meter Source Thickness Finite VSIC for 2 Meter Source Thickness Particulate Soil Inhalation Criteria Direct Contact Criteria Soil Saturation Concentration Screening Levels Dinoseb 88857 NA 300 200 (M); 43 NLV NLV NLV NLV 2.7E+8 66,000 (DD) 1.4E+5 1,4-Dioxane (I) 123911 NA 1,700 56,000 (X) NLV NLV NLV NLV 5.7E+8 5.3E+5 9.7E+7 Diquat 85007 NA 400 400 NLV NLV NLV NLV ID 5.0E+5 NA Diuron 330541 NA 620 NA NLV NLV NLV NLV 4.7E+8 9.7E+5 NA Endosulfan (J) 115297 NA NLL NLL ID ID ID ID ID 1.4E+6 NA Endothall 145733 NA NLL NLL NLV NLV NLV NLV 2.3E+9 3.8E+6 NA Endrin 72208 NA NLL NLL NLV NLV NLV NLV ID 65,000 NA Epichlorohydrin (I) 106898 NA 100 NA 64,000 31,000 31,000 35,000 6.7E+7 8,900 7.3E+6 Ethanol (I) 64175 NA 3.8E+7 ID NLV NLV NLV NLV 1.3E+12 1.0E+9 (C,D,DD) 1.1E+8 Ethyl acetate (I) 141786 NA 1.3E+5 NA 3.8E+7 (C) 4.9E+7 4.9E+7 9.8E+7 2.1E+11 2.0E+8 (C) 7.5E+6 Ethyl-tert-butyl ether (ETBE) 637923 NA 980 ID 5.4E+5 1.9E+6 4.5E+6 1.1E+7 2.5E+10 ID 6.5E+5 Ethylbenzene (I) 100414 NA 1,500 360 87,000 7.2E+5 1.0E+6 2.2E+6 1.0E+10 2.2E+7 (C) 1.4E+5 Ethylene dibromide 106934 NA 20 (M); 1.0 110 (X) 670 1,700 1,700 3,300 1.4E+7 92 8.9E+5 Ethylene glycol 107211 NA 3.0E+5 3.8E+6 (X) NLV NLV NLV NLV 6.7E+10 4.5E+8 (C) 1.1E+8 Ethylene glycol monobutyl ether 111762 NA 74,000 NA 7.4E+5 1.8E+7 1.5E+8 3.6E+8 8.7E+11 1.1E+8 (C) 4.1E+7 Fluoranthene 206440 NA 7.3E+5 5,500 1.0E+9 (D) 7.4E+8 7.4E+8 7.4E+8 9.3E+9 4.6E+7 NA Fluorene 86737 NA 3.9E+5 5,300 5.8E+8 1.3E+8 1.3E+8 1.3E+8 9.3E+9 2.7E+7 NA Fluorine (soluble fluoride) (B) 7782414 NA 40,000 ID NLV NLV NLV NLV ID 9.0E+6 (DD) NA Formaldehyde 50000 NA 26,000 2,400 12,000 13,000 23,000 52,000 2.4E+8 4.1E+7 6.0E+7 Formic acid (I,U) 64186 NA 2.0E+5 ID 1.5E+6 2.1E+5 1.4E+5 1.4E+5 1.3E+8 3.2E+8 (C) 1.1E+8 1-Formylpiperidine 2591868 NA 1,600 NA ID ID ID ID ID 2.5E+6 1.0E+7 Gentian violet 548629 NA 300 NA NLV NLV NLV NLV ID 96,000 NA Glyphosate 1071836 NA NLL NLL NLV NLV NLV NLV ID 1.1E+7 (DD) NA Heptachlor 76448 NA NLL NLL 3.5E+5 62,000 62,000 62,000 2.4E+6 5,600 NA Heptachlor epoxide 1024573 NA NLL NLL NLV NLV NLV NLV 1.2E+6 3,100 NA n-Heptane 142825 NA 4.6E+7 (C) NA 1.5E+6 (C) 2.1E+7 4.4E+7 1.0E+8 2.3E+11 9.9E+8 (C) 2.4E+5 Hexabromobenzene 87821 NA 5,400 ID ID ID ID ID ID 1.1E+6 NA TABLE 2. SOIL: RESIDENTIAL

PART 201 GENERIC CLEANUP CRITERIA AND SCREENING LEVELS

Groundwater Protection Indoor Air Ambient Air (Y) (C) Contact Csat Hazardous Substance Chemical Abstract Service Number Statewide Default Background Level Residential Drinking Water Protection Criteria Groundwater Surface Water Interface Protection Criteria Soil Volatilization to Indoor Air Inhalation Criteria Infinite Source Volatile Soil Inhalation Criteria (VSIC)

Finite VSIC for 5 Meter Source Thickness Finite VSIC for 2 Meter Source Thickness Particulate Soil Inhalation Criteria Direct Contact Criteria Soil Saturation Concentration Screening Levels Hexachlorobenzene (C-66) 118741 NA 1,800 350 41,000 17,000 17,000 17,000 6.8E+6 8,900 NA Hexachlorobutadiene (C-46) 87683 NA 26,000 91 1.3E+5 1.3E+5 1.3E+5 1.3E+5 1.4E+8 1.0E+5 3.5E+5 alpha- Hexachlorocyclohexane 319846 NA 18 ID 30,000 12,000 22,000 25,000 1.7E+6 2,600 NA beta-Hexachlorocyclohexane 319857 NA 37 ID NLV NLV NLV NLV 5.9E+6 5,400 NA Hexachlorocyclopentadiene (C-56) 77474 NA 3.2E+5 ID 30,000 50,000 50,000 50,000 1.3E+7 2.3E+6 (C) 7.2E+5 Hexachloroethane 67721 NA 430 1,800 (X) 40,000 5.5E+5 9.3E+5 9.3E+5 2.3E+8 2.3E+5 NA n-Hexane 110543 NA 1.8E+5 (C) NA 5.1E+5 (C) 3.0E+6 3.2E+6 6.2E+6 1.3E+10 9.2E+7 (C) 44,000 2-Hexanone 591786 NA 20,000 ID 9.9E+5 1.1E+6 1.1E+6 1.4E+6 2.7E+9 3.2E+7 (C) 2.5E+6 Indeno(1,2,3-cd) pyrene (Q) 193395 NA NLL NLL NLV NLV NLV NLV ID 20,000 NA Iron (B) 7439896 1.2E+7 6,000 NA NLV NLV NLV NLV ID 1.6E+8 NA Isobutyl alcohol (I) 78831 NA 46,000 NA 2.3E+8 (C) 7.9E+7 7.9E+7 7.9E+7 1.0E+11 7.2E+7 (C) 8.9E+6 Isophorone 78591 NA 15,000 26,000 (X) NLV NLV NLV NLV 1.2E+10 4.8E+6 (C) 2.4E+6 Isopropyl alcohol (I) 67630 NA 9,400 1.1E+6 (X) NLV NLV NLV NLV 1.5E+10 1.4E+7 1.1E+8 Isopropyl benzene 98828 NA 91,000 3,200 4.0E+5 (C) 1.7E+6 1.7E+6 2.8E+6 5.8E+9 2.5E+7 (C) 3.9E+5 Lead (B) 7439921 21,000 7.0E+5 (G,X) NLV NLV NLV NLV 1.0E+8 4.0E+5 NA Lindane 58899 NA 20 (M); 7.0 20 (M); 1.1 ID ID ID ID ID 8,300 NA Lithium (B) 7439932 9,800 3,400 8,800 NLV NLV NLV NLV 2.3E+9 4.2E+6 (DD) NA Magnesium (B) 7439954 NA 8.0E+6 NA NLV NLV NLV NLV 6.7E+9 1.0E+9 (D) NA Manganese (B) 7439965 4.4E+5 1,000 (G,X) NLV NLV NLV NLV 3.3E+6 2.5E+7 NA Mercury (Total) (B,Z) Varies 130 1,700 50 (M); 1.2 48,000 52,000 52,000 52,000 2.0E+7 1.6E+5 NA Methane 74828 NA ID NA 8.4E+6 ug/m3 (GG) ID ID ID ID ID ID Methanol 67561 NA 74,000 1.2E+7 (C) 3.7E+7 (C) 3.1E+7 4.4E+7 9.6E+7 2.2E+11 1.1E+8 (C) 3.1E+6 Methoxychlor 72435 NA 16,000 NA ID ID ID ID ID 1.9E+6 NA 2-Methoxyethanol (I) 109864 NA 150 NA NLV NLV NLV NLV 1.3E+9 2.3E+5 1.1E+8 2-Methyl-4chlorophenoxyacetic acid 94746 NA 390 NA NLV NLV NLV NLV ID 2.3E+5 NA 2-Methyl-4,6-dinitrophenol 534521 NA 830 (M);

400 NA NLV NLV NLV NLV 1.3E+8 79,000 NA

N-Methyl-morpholine (I) 109024 NA 400 NA NLV NLV NLV NLV ID 6.1E+5 1.1E+8 TABLE 2. SOIL: RESIDENTIAL

PART 201 GENERIC CLEANUP CRITERIA AND SCREENING LEVELS

Groundwater Protection Indoor Air Ambient Air (Y) (C) Contact Csat Hazardous Substance Chemical Abstract Service Number Statewide Default Background Level Residential Drinking Water Protection Criteria Groundwater Surface Water Interface Protection Criteria Soil Volatilization to Indoor Air Inhalation Criteria Infinite Source Volatile Soil Inhalation Criteria (VSIC)

(I) 108101 NA 36,000 ID 3.7E+7 (C) 4.5E+7 4.5E+7 6.7E+7 1.4E+11 5.6E+7 (C) 2.7E+6

Methyl-tert-butyl ether (MTBE) 1634044 NA 800 1.4E+5 (X) 9.9E+6 (C) 2.5E+7 3.9E+7 8.7E+7 2.0E+11 1.5E+6 5.9E+6 Methylcyclopentane (I) 96377 NA ID NA 92,000 2.3E+6 8.2E+6 2.0E+7 4.7E+10 ID 3.5E+5 4,4'-Methylene-bis-2chloroaniline (MBOCA) 101144 NA NLL NLL NLV NLV NLV NLV 8.4E+7 6,800 NA Methylene chloride 75092 NA 100 30,000 (X) 45,000 2.1E+5 5.9E+5 1.4E+6 6.6E+9 1.3E+6 2.3E+6 2-Methylnaphthalene 91576 NA 57,000 4,200 2.7E+6 1.5E+6 1.5E+6 1.5E+6 6.7E+8 8.1E+6 NA Methylphenols (J) 1319773 NA 7,400 1,000 (M);

600 NLV NLV NLV NLV 6.7E+9 1.1E+7 NA

Metolachlor 51218452 NA 4,800 300 NLV NLV NLV NLV ID 1.5E+6 (C, DD) 4.4E+5 Metribuzin 21087649 NA 3,600 NA ID ID ID ID ID 9.6E+6 NA Mirex 2385855 NA NLL NLL ID ID ID ID ID 9,600 NA Molybdenum (B) 7439987 NA 1,500 64,000 (X) NLV NLV NLV NLV ID 2.6E+6 NA Naphthalene 91203 NA 35,000 730 2.5E+5 3.0E+5 3.0E+5 3.0E+5 2.0E+8 1.6E+7 NA Nickel (B) 7440020 20,000 1.0E+5 (G) NLV NLV NLV NLV 1.3E+7 4.0E+7 NA Nitrate (B,N) 14797558 NA 2.0E+5 (N) ID NLV NLV NLV NLV ID ID NA Nitrite (B,N) 14797650 NA 20,000 (N) NA NLV NLV NLV NLV ID ID NA Nitrobenzene (I) 98953 NA 330 (M);

68 3,600 (X) 91,000 54,000 54,000 54,000 4.7E+7 1.0E+5 4.9E+5 2-Nitrophenol 88755 NA 400 ID NLV NLV NLV NLV ID 6.3E+5 NA n-Nitroso-di-n-propylamine 621647 NA 330 (M);

100 NA NLV NLV NLV NLV 1.6E+6 1,200 1.5E+6

N-Nitrosodiphenylamine 86306 NA 5,400 NA NLV NLV NLV NLV 2.2E+9 1.7E+6 NA Oxamyl 23135220 NA 4,000 NA NLV NLV NLV NLV ID 8.6E+6 NA Oxo-hexyl acetate 88230357 NA 1,500 NA ID ID ID ID 5.4E+9 2.3E+6 1.0E+7 Pendimethalin 40487421 NA 1.1E+6 NA NLV NLV NLV NLV ID 4.6E+7 NA Pentachlorobenzene 608935 NA 29,000 9,500 ID ID ID ID ID 3.2E+5 (C) 1.9E+5 Pentachloronitrobenzene 82688 NA 37,000 NA 1.2E+5 2.3E+5 2.3E+5 2.3E+5 3.3E+8 1.7E+6 NA Pentachlorophenol 87865 NA 22 (G,X) NLV NLV NLV NLV 1.0E+8 90,000 NA Pentane 109660 NA ID NA 9.7E+5 (C) 3.7E+7 3.1E+8 5.8E+8 1.2E+12 ID 2.4E+5 TABLE 2. SOIL: RESIDENTIAL

PART 201 GENERIC CLEANUP CRITERIA AND SCREENING LEVELS

Groundwater Protection Indoor Air Ambient Air (Y) (C) Contact Csat Hazardous Substance Chemical Abstract Service Number Statewide Default Background Level Residential Drinking Water Protection Criteria Groundwater Surface Water Interface Protection Criteria Soil Volatilization to Indoor Air Inhalation Criteria Infinite Source Volatile Soil Inhalation Criteria (VSIC)

Finite VSIC for 5 Meter Source Thickness Finite VSIC for 2 Meter Source Thickness Particulate Soil Inhalation Criteria Direct Contact Criteria Soil Saturation Concentration Screening Levels 2-Pentene (I) 109682 NA ID NA ID ID ID ID ID ID 2.2E+5 Phenanthrene 85018 NA 56,000 2,100 2.8E+6 1.6E+5 1.6E+5 1.6E+5 6.7E+6 1.6E+6 NA Phenol 108952 NA 88,000 9,000 NLV NLV NLV NLV 4.0E+10 4.0E+7 (C, DD) 1.2E+7 Phenytoin 57410 NA 830 4300 (X) NLV NLV NLV NLV 2.2E+8 1.0E+5 NA Phosphorus (Total) 7723140 NA 1.3E+6 (EE) NLV NLV NLV NLV 6.7E+7 1.0E+9 (D) NA Phthalic acid 88993 NA 2.8E+5 NA NLV NLV NLV NLV ID 4.3E+8 (C) 1.7E+6 Phthalic anhydride 85449 NA 3.0E+5 NA NLV NLV NLV NLV ID 4.7E+8 (C) 1.1E+6 Picloram 1918021 NA 10,000 920 NLV NLV NLV NLV ID 1.6E+7 NA Piperidine 110894 NA 64 NA NLV NLV NLV NLV 9.3E+9 99,000 1.2E+8 Polybrominated biphenyls (J) 67774327 NA NLL NLL NLV NLV NLV NLV ID 1,200 NA Polychlorinated biphenyls (PCBs) (J,T) 1336363 NA NLL NLL 3.0E+6 2.4E+5 7.9E+6 7.9E+6 5.2E+6 (T) NA Prometon 1610180 NA 4,900 NA NLV NLV NLV NLV ID 5.0E+6 NA Propachlor 1918167 NA 1,900 NA NLV NLV NLV NLV ID 2.9E+6 NA Propazine 139402 NA 4,000 NA NLV NLV NLV NLV ID 6.1E+6 NA Propionic acid 79094 NA 2.4E+5 ID NLV NLV NLV NLV 2.0E+10 3.8E+8 (C) 1.1E+8 Propyl alcohol (I) 71238 NA 28,000 NA NLV NLV NLV NLV 4.9E+10 1.3E+7 (DD) 1.1E+8 n-Propylbenzene (I) 103651 NA 1,600 ID ID ID ID ID 1.3E+9 2.5E+6 1.0E+7 Propylene glycol 57556 NA 3.0E+6 5.8E+6 NLV NLV NLV NLV 4.0E+11 1.0E+9 (C,D) 1.1E+8 Pyrene 129000 NA 4.8E+5 ID 1.0E+9 (D) 6.5E+8 6.5E+8 6.5E+8 6.7E+9 2.9E+7 NA Pyridine (I) 110861 NA 400 NA 1,100 8,200 40,000 97,000 2.3E+8 2.3E+5 (C) 37,000 Selenium (B) 7782492 410 4,000 400 NLV NLV NLV NLV 1.3E+8 2.6E+6 NA Silver (B) 7440224 1,000 4,500 100 (M); 27 NLV NLV NLV NLV 6.7E+6 2.5E+6 NA Silvex (2,4,5-TP) 93721 NA 3,600 2,200 NLV NLV NLV NLV ID 1.7E+6 NA Simazine 122349 NA 80 340 NLV NLV NLV NLV ID 1.2E+6 NA Sodium 17341252 NA 4.6E+6 NA NLV NLV NLV NLV ID 1.0E+9 (D) NA Sodium azide 26628228 NA 1,800 1,000 ID ID ID ID ID 2.7E+6 NA Strontium (B) 7440246 NA 92,000 4.2E+5 NLV NLV NLV NLV ID 3.3E+8 NA TABLE 2. SOIL: RESIDENTIAL

PART 201 GENERIC CLEANUP CRITERIA AND SCREENING LEVELS

Groundwater Protection Indoor Air Ambient Air (Y) (C) Contact Csat Hazardous Substance Chemical Abstract Service Number Statewide Default Background Level Residential Drinking Water Protection Criteria Groundwater Surface Water Interface Protection Criteria Soil Volatilization to Indoor Air Inhalation Criteria Infinite Source Volatile Soil Inhalation Criteria (VSIC)

Finite VSIC for 5 Meter Source Thickness Finite VSIC for 2 Meter Source Thickness Particulate Soil Inhalation Criteria Direct Contact Criteria Soil Saturation Concentration Screening Levels Styrene 100425 NA 2,700 2,100 (X) 2.5E+5 9.7E+5 9.7E+5 1.4E+6 5.5E+9 4.0E+5 5.2E+5 Sulfate 14808798 NA 5.0E+6 NA NLV NLV NLV NLV ID ID NA Tebuthiuron 34014181 NA 10,000 NA NLV NLV NLV NLV ID 4.6E+6 (DD) NA 2,3,7,8-Tetrabromodibenzo-pdioxin (O) 50585416 NA NLL NLL NLV NLV NLV NLV (O) (O) NA 1,2,4,5-Tetrachlorobenzene 95943 NA 1.5E+6 3,400 (X) 5.8E+5 2.3E+5 2.3E+5 2.3E+5 6.7E+7 7.7E+7 NA 2,3,7,8-Tetrachlorodibenzo-pdioxin (O) 1746016 NA NLL NLL NLV NLV NLV NLV 71 (O) 0.09 (O) NA 1,1,1,2-Tetrachloroethane 630206 NA 1,500 ID 6,200 36,000 54,000 1.0E+5 4.2E+8 4.8E+5 (C) 4.4E+5 1,1,2,2-Tetrachloroethane 79345 NA 170 1,600 (X) 4,300 10,000 10,000 14,000 5.4E+7 53,000 8.7E+5 Tetrachloroethylene 127184 NA 100 1,200 (X) 11,000 1.7E+5 4.8E+5 1.1E+6 2.7E+9 2.0E+5 (C) 88,000 Tetrahydrofuran 109999 NA 1,900 2.2E+5 (X) 1.3E+6 1.3E+7 6.7E+7 1.6E+8 3.9E+11 2.9E+6 1.2E+8 Tetranitromethane 509148 NA ID NA 500(M); 110 500 (M);

51 ID ID 2.1E+5 ID ID

Thallium (B) 7440280 NA 2,300 4,200 (X) NLV NLV NLV NLV 1.3E+7 35,000 NA Toluene (I) 108883 NA 16,000 5,400 3.3E+5 (C) 2.8E+6 5.1E+6 1.2E+7 2.7E+10 5.0E+7 (C) 2.5E+5 p-Toluidine 106490 NA 660 (M);

300 NA NLV NLV NLV NLV 1.0E+8 94,000 1.2E+6

Toxaphene 8001352 NA 24,000 8,200 NLV NLV NLV NLV 9.7E+6 20,000 NA Triallate 2303175 NA 95,000 NA ID ID ID ID ID 2.9E+6 (C) 2.5E+5 Tributylamine 102829 NA 7,800 ID 5.8E+5 6.0E+5 6.0E+5 6.0E+5 4.7E+8 7.9E+5 3.7E+6 1,2,4-Trichlorobenzene 120821 NA 4,200 5,900 (X) 9.6E+6 (C) 2.8E+7 2.8E+7 2.8E+7 2.5E+10 9.9E+5 (DD) 1.1E+6 1,1,1-Trichloroethane 71556 NA 4,000 1,800 2.5E+5 3.8E+6 1.2E+7 2.8E+7 6.7E+10 5.0E+8 (C) 4.6E+5 1,1,2-Trichloroethane 79005 NA 100 6,600 (X) 4,600 17,000 21,000 44,000 1.9E+8 1.8E+5 9.2E+5 Trichloroethylene 79016 NA 100 4,000 (X) 1,000 11,000 25,000 57,000 1.3E+8 1.1E+5 (DD) 5.0E+5 Trichlorofluoromethane 75694 NA 52,000 NA 2.8E+6 (C) 9.2E+7 6.3E+8 1.5E+9 3.8E+12 7.9E+7 (C) 5.6E+5 2,4,5-Trichlorophenol 95954 NA 39,000 NA NLV NLV NLV NLV 2.3E+10 2.3E+7 NA 2,4,6-Trichlorophenol 88062 NA 2,400 330 (M); 100 NLV NLV NLV NLV 1.0E+9 7.1E+5 NA 1,2,3-Trichloropropane 96184 NA 840 NA 4,000 9,200 9,200 11,000 2.0E+7 1.3E+6 (C) 8.3E+5 1,1,2-Trichloro-1,2,2trifluoroethane 76131 NA 9.0E+6 (C) 1,700 5.1E+6 (C) 1.8E+8 8.8E+8 2.1E+9 5.1E+12 1.0E+9 (C,D) 5.5E+5 Triethanolamine 102716 NA 74,000 NA NLV NLV NLV NLV 3.3E+9 1.1E+8 1.1E+8 TABLE 2. SOIL: RESIDENTIAL

PART 201 GENERIC CLEANUP CRITERIA AND SCREENING LEVELS

Groundwater Protection Indoor Air Ambient Air (Y) (C) Contact Csat Hazardous Substance Chemical Abstract Service Number Statewide Default Background Level Residential Drinking Water Protection Criteria Groundwater Surface Water Interface Protection Criteria Soil Volatilization to Indoor Air Inhalation Criteria Infinite Source Volatile Soil Inhalation Criteria (VSIC)

Finite VSIC for 5 Meter Source Thickness Finite VSIC for 2 Meter Source Thickness Particulate Soil Inhalation Criteria Direct Contact Criteria Soil Saturation Concentration Screening Levels Triethylene glycol 112276 NA 86,000 NA NLV NLV NLV NLV ID 3.9E+7 (C,DD) 1.1E+5 3-Trifluoromethyl-4nitrophenol 88302 NA 1.1E+5 NA NLV NLV NLV NLV ID 4.1E+7 (DD) NA Trifluralin 1582098 NA 1.9E+5 NA ID ID ID ID ID 2.0E+6 NA 2,2,4-Trimethyl pentane 540841 NA ID NA 1.1E+5 (C) 5.2E+6 3.9E+7 9.6E+7 2.3E+11 ID 19,000 2,4,4-Trimethyl-2-pentene (I) 107404 NA ID NA ID ID ID ID ID ID 56,000 1,2,4-Trimethylbenzene (I) 95636 NA 2,100 570 4.3E+6 (C) 2.1E+7 5.0E+8 5.0E+8 8.2E+10 3.2E+7 (C) 1.1E+5 1,3,5-Trimethylbenzene (I) 108678 NA 1,800 1,100 2.6E+6 (C) 1.6E+7 3.8E+8 3.8E+8 8.2E+10 3.2E+7 (C) 94,000 Triphenyl phosphate 115866 NA 1.5E+6 (C) NA NLV NLV NLV NLV ID 3.6E+7 (C) 1.1E+5 tris(2,3- Dibromopropyl)phosphate 126727 NA 930 ID 82,000 (C) 18,000 18,000 18,000 5.9E+6 4,400 27,000 Urea 57136 NA ID NA NLV NLV NLV NLV ID ID NA Vanadium 7440622 NA 72,000 4.3E+5 NLV NLV NLV NLV ID 7.5E+5 (DD) NA Vinyl acetate (I) 108054 NA 13,000 NA 7.9E+5 1.7E+6 2.6E+6 5.8E+6 1.3E+10 5.8E+6 (C,DD) 2.4E+6 Vinyl chloride 75014 NA 40 260 (X) 270 4,200 30,000 73,000 3.5E+8 3,800 4.9E+5 White phosphorus (R) 12185103 NA 2.2 NA NLV NLV NLV NLV ID 2,300 (DD) NA Xylenes (I) 1330207 NA 5,600 820 6.3E+6 (C) 4.6E+7 6.1E+7 1.3E+8 2.9E+11 4.1E+8 (C) 1.5E+5 Zinc (B) 7440666 47,000 2.4E+6 (G) NLV NLV NLV NLV ID 1.7E+8 NA

**History**
- *History: 2013 AACS.*

##### **Mich. Admin. Code R 299.48** Generic soil cleanup criteria for nonresidential category {#sec-r-299.48 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.48}

Rule 48. Generic soil cleanup criteria for nonresidential category shall be as shown in table 3.

TABLE 3. SOIL: NONRESIDENTIAL

PART 201 GENERIC CLEANUP CRITERIA AND SCREENING LEVELS

Finite VSIC for 5 Meter Source Thickn ess Finite VSIC for 2 Meter Source Thickn ess Particulate Soil Inhalation Criteria Direct Contact Criteria Soil Saturatio n Concentr ation Screening Levels Acenaphthene 83329 NA 3.0E+5 8.8E+5 8,700 3.5E+8 9.7E+7 9.7E+7 9.7E+7 6.2E+9 1.3E+8 NA Acenaphthylene 20896 8 NA 5,900 17,000 ID 3.0E+6 2.7E+6 2.7E+6 2.7E+6 1.0E+9 5.2E+6 NA Acetaldehyde (I) 75070 NA 19,000 54,000 2,600 4.0E+5 2.1E+5 2.1E+5 2.9E+5 2.6E+8 9.5E+7 1.1E+8 Acetate 71501 NA ID ID (G) ID ID ID ID ID ID ID Acetic acid 64197 NA 84,000 2.4E+5 (G) NLV NLV NLV NLV 7.4E+9 4.2E+8 6.5E+8 Acetone (I) 67641 NA 15,000 42,000 34,000 5.4E+8 (C) 1.6E+8 1.6E+8 2.0E+8 1.7E+11 7.3E+7 1.1E+8 Acetonitrile 75058 NA 2,800 8,000 NA 8.8E+6 1.9E+6 1.9E+6 2.2E+6 1.8E+9 1.4E+7 2.2E+7 Acetophenone 98862 NA 30,000 88,000 ID 2.1E+8 (C) 5.2E+7 5.2E+7 5.2E+7 1.4E+10 1.5E+8 (C) 1.1E+6 Acrolein (I) 10702 8 NA 2,400 6,600 NA 760 370 370 630 5.9E+5 1.2E+7 2.3E+7 Acrylamide 79061 NA 10 10 200 (X) NLV NLV NLV NLV 3.0E+6 8,700 NA Acrylic acid 79107 NA 78,000 2.2E+5 NA 5.5E+6 2.2E+5 2.7E+5 2.7E+5 2.9E+7 2.1E+8 (C,DD) 1.1E+8 Acrylonitrile (I) 10713 1 NA 100 (M); 52 220 100 (M);

40 35,000 17,000 17,000 31,000 5.8E+7 74,000 8.3E+6

Alachlor 15972 608 NA 52 52 290 (X) NLV NLV NLV NLV ID 3.9E+5 NA Aldicarb 11606 3 NA 60 60 NA NLV NLV NLV NLV ID 7.3E+5 NA Aldicarb sulfone 16468 84 NA 200 (M);

200 (M);

40 NA NLV NLV NLV NLV ID 8.0E+5 NA

Aldicarb sulfoxide 16468 73 NA 200(M);

200 (M);

80 NA NLV NLV NLV NLV ID 9.5E+5 NA

Aldrin 30900 2 NA NLL NLL NLL 7.1E+6 2.0E+5 2.0E+5 2.0E+5 8.0E+5 4,300 NA Aluminum (B) 74299 05 6.9E+6 1,000 1,000 NA NLV NLV NLV NLV ID 3.7E+8 (DD) NA Ammonia 76644 17 NA ID ID (CC) ID ID ID ID 2.9E+9 ID 1.0E+7 t-Amyl methyl ether (TAME) 99405 8 NA 3,900 3,900 NA 1.1E+5 4.0E+5 7.8E+5 1.8E+6 1.8E+9 9.5E+7 (C) 4.4E+5 Aniline 62533 NA 1,100 4,400 330 (M);

80 NLV NLV NLV NLV 2.9E+7 1.5E+6 4.5E+6

Anthracene 12012 7 NA 41,000 41,000 ID 1.0E+9 (D) 1.6E+9 1.6E+9 1.6E+9 2.9E+10 7.3E+8 NA Antimony 74403 60 NA 4,300 4,300 94,000 (X) NLV NLV NLV NLV 5.9E+6 6.7E+5 NA Arsenic 74403 82 5,800 4,600 4,600 4,600 NLV NLV NLV NLV 9.1E+5 37,000 NA Asbestos (BB) 13322 14 NA NLL NLL NLL NLV NLV NLV NLV 1.0E+7 (M);

85,000 ID NA

Atrazine 19122 49 NA 60 60 150 NLV NLV NLV NLV ID 3.3E+5 (DD) NA Azobenzene 10333 3 NA 4,200 17,000 ID 3.2E+7 2.1E+6 2.1E+6 2.1E+6 1.3E+8 6.6E+5 NA TABLE 3. SOIL: NONRESIDENTIAL

PART 201 GENERIC CLEANUP CRITERIA AND SCREENING LEVELS;

6.0 NLV NLV NLV NLV 59,000

1,000 (M);

110 NA

Benzo(a)anthracen e (Q) 56553 NA NLL NLL NLL NLV NLV NLV NLV ID 80,000 NA Benzo(b)fluoranthe ne (Q) 205992 NA NLL NLL NLL ID ID ID ID ID 80,000 NA Benzo(k)fluoranthe ne (Q) 207089 NA NLL NLL NLL NLV NLV NLV NLV ID 8.0E+5 NA Benzo(g,h,i)perylen e 191242 NA NLL NLL NLL NLV NLV NLV NLV 3.5E+8 7.0E+6 NA Benzo(a)pyrene (Q) 50328 NA NLL NLL NLL NLV NLV NLV NLV 1.9E+6 8,000 NA Benzoic acid 65850 NA 6.4E+5 1.8E+6 NA NLV NLV NLV NLV ID 1.0E+9 (D) NA Benzyl alcohol 100516 NA 2.0E+5 5.8E+5 NA NLV NLV NLV NLV 1.5E+11 1.0E+9 (C,D) 5.8E+6 Benzyl chloride 100447 NA 150 640 NA 33,000 48,000 48,000 52,000 7.8E+7 2.2E+5 2.3E+5 Beryllium 744041 7 NA 51,000 51,000 (G) NLV NLV NLV NLV 5.9E+5 1.6E+6 NA bis(2- Chloroethoxy)ethan e 112265 NA ID ID ID NLV NLV NLV NLV ID ID 2.7E+6 bis(2- Chloroethyl)ether (I) 111444 NA 100 170 100 (M);

20 44,000 13,000 13,000 13,000 1.2E+7 58,000 2.2E+6 bis(2- Ethylhexyl)phthalat e 117817 NA NLL NLL NLL NLV NLV NLV NLV 8.9E+8 1.2E+7 (C) 1.0E+7 Boron (B) 744042 8 NA 10,000 10,000 1.4E+5 (X) NLV NLV NLV NLV ID 3.5E+8 (DD) NA Bromate 155414 54 NA 200 200 800 (X) NLV NLV NLV NLV ID 91,000 NA Bromobenzene (I) 108861 NA 550 1,500 NA 5.8E+5 5.4E+5 5.4E+5 5.4E+5 2.4E+8 1.7E+6 (C) 7.6E+5 Bromodichlorometh ane 75274 NA 1,600 (W) 1,600 (W) ID 6,400 31,000 31,000 57,000 1.1E+8 4.9E+5 1.5E+6 Bromoform 75252 NA 1,600 (W) 1,600 (W) ID 7.7E+5 3.1E+6 3.1E+6 3.1E+6 3.6E+9 3.8E+6 (C) 8.7E+5 Bromomethane 74839 NA 200 580 700 1,600 13,000 57,000 1.4E+5 1.5E+8 1.0E+6 2.2E+6 n-Butanol (I) 71363 NA 19,000 54,000 2.00E+05 NLV NLV NLV NLV 1.0E+10 9.5E+7 (C) 8.7E+6 2-Butanone (MEK)

(I) 78933 NA 2.6E+5 7.6E+5 44,000

9.9E+7

7.0E+8

(C,DD) 2.7E+7 n-Butyl acetate 123864 NA 11,000 32,000 NA 1.0E+8 (C) 1.4E+8 3.1E+8 3.5E+8 2.1E+11 5.5E+7 (C) 1.1E+6 t-Butyl alcohol 75650 NA 78,000 2.2E+5 NA 5.8E+8 (C) 1.2E+8 2.4E+8 2.4E+8 5.6E+10 3.9E+8 (C) 1.1E+8 Butyl benzyl phthalate 85687 NA 2.2E+6 (C) 5.0E+6 (C) 1.2E+5 (X) NLV NLV NLV NLV 2.1E+10 1.2E+8 (C) 3.1E+5 n-Butylbenzene 104518 NA 1,600 4,600 ID ID ID ID ID 8.8E+8 8.0E+6 1.0E+7 TABLE 3. SOIL: NONRESIDENTIAL

PART 201 GENERIC CLEANUP CRITERIA AND SCREENING LEVELS;

Groundwater Protection Indoor Air Ambient Air (Y) (C) Contact Csat Hazardous Substance Chemic al Abstract Service Number Statewide Default Backgrou nd Levels Residenti al Drinking Water Protectio n Criteria & RBSLs Nonresident ial Drinking Water Protection Criteria & RBSLs Groundwat er Surface Water Interface Protection Criteria & RBSLs Soil Volatilizati on to Indoor Air Inhalation Criteria & RBSLs Infinite Source Volatile Soil Inhalation Criteria (VSIC) & RBSLs Finite VSIC for 5 Meter Source Thickne ss Finite VSIC for 2 Meter Source Thickne ss Particula te Soil Inhalatio n Criteria & RBSLs Direct Contact Criteria & RBSLs Soil Saturation Concentrati on Screening Levels sec-Butylbenzene 135988 NA 1,600 4,600 ID ID ID ID ID 1.8E+8 8.0E+6 1.0E+7 t-Butylbenzene (I) 98066 NA 1,600 4,600 ID ID ID ID ID 2.9E+8 8.0E+6 1.0E+7 Cadmium (B) 744043 9 1,200 6,000 6,000 (G,X) NLV NLV NLV NLV 2.2E+6 2.1E+6 NA Camphene (I) 79925 NA ID ID NA 6,700 1.8E+5 9.1E+5 2.2E+6 2.4E+9 ID NA Caprolactam 105602 NA 1.2E+5 3.4E+5 NA NLV NLV NLV NLV 2.9E+8 3.1E+8 (DD) NA Carbaryl 63252 NA 14,000 40,000 NA ID ID ID ID ID 7.0E+7 NA Carbazole 86748 NA 9,400 39,000 1,100 NLV NLV NLV NLV 7.8E+7 2.4E+6 NA Carbofuran 156366 2 NA 800 800 NA NLV NLV NLV NLV ID 3.6E+6 NA Carbon disulfide (I,R) 75150 NA 16,000 46,000 ID 1.4E+5 1.6E+6 8.0E+6 1.9E+7 2.1E+10 4.3E+7 (C,DD) 2.8E+5 Carbon tetrachloride 56235 NA 100 100 900 (X) 990 12,000 34,000 79,000 1.7E+8 4.4E+5 (C) 3.9E+5 Chlordane (J) 57749 NA NLL NLL NLL 5.9E+7 4.2E+6 4.2E+6 4.2E+6 2.1E+7 1.5E+5 NA Chloride 168870 06 NA 5.0E+6 5.0E+6 (X) NLV NLV NLV NLV ID 5.0E+5 (F) NA Chlorobenzene (I) 108907 NA 2,000 2,000 500 2.2E+5 9.2E+5 1.1E+6 2.1E+6 2.1E+9 1.4E+7 (C) 2.6E+5 p-Chlorobenzene sulfonic acid 98668 NA 1.5E+5 4.2E+5 ID ID ID ID ID ID 7.3E+8 ID 1-Chloro-1,1difluoroethane 75683 NA 3.0E+5 8.8E+5 NA 5.4E+6 (C) 9.4E+7 5.7E+8 1.4E+9 1.5E+12 1.0E+9 (C,D) 9.6E+5 Chloroethane 75003 NA 8,600 34,000 22,000 (X) 5.3E+6 (C) 3.6E+7 1.2E+8 2.8E+8 2.9E+11 1.2E+7 (C) 9.5E+5 2-Chloroethyl vinyl ether 110758 NA ID ID NA ID ID ID ID ID ID 1.9E+6 Chloroform 67663 NA 1,600 (W) 1,600 (W) 7,000 38,000 1.5E+5 3.4E+5 7.9E+5 1.6E+9 5.5E+6 (C) 1.5E+6 Chloromethane (I) 74873 NA 5,200 22,000 ID 10,000 1.2E+5 1.0E+6 2.5E+6 2.6E+9 7.4E+6 (C) 1.1E+6 4-Chloro-3methylphenol 59507 NA 5,800 16,000 280 NLV NLV NLV NLV ID 1.5E+7 NA beta- Chloronaphthalene 91587 NA 6.2E+5 1.8E+6 NA ID ID ID ID ID 1.8E+8 NA 2-Chlorophenol 95578 NA 900 2,600 360 8.0E+5 1.1E+6 1.1E+6 1.1E+6 5.3E+8 4.5E+6 1.9E+7 o-Chlorotoluene (I) 95498 NA 3,300 9,300 ID 5.0E+5 1.5E+6 3.1E+6 6.4E+6 2.1E+9 1.5E+7 (C) 5.0E+5 Chlorpyrifos 292188 2 NA 17,000 48,000 1,500 240 5,500 23,000 56,000 5.9E+7 3.4E+7 NA Chromium (III)

(B,H) 160658 18,000

(total)

1.0E+9

(D) 1.0E+9 (D) (G,X) NLV NLV NLV NLV 1.5E+8

1.0E+9

(D) NA

Chromium (VI) 185402 99 NA 30,000 30,000 3,300 NLV NLV NLV NLV 2.4E+5 9.2E+6 NA Chrysene (Q) 218019 NA NLL NLL NLL ID ID ID ID ID 8.0E+6 NA TABLE 3. SOIL: NONRESIDENTIAL

PART 201 GENERIC CLEANUP CRITERIA AND SCREENING LEVELS;

Groundwater Protection Indoor Air Ambient Air (Y) (C) Contact Csat Hazardous Substance Chemic al Abstract Service Number Statewide Default Backgrou nd Levels Residenti al Drinking Water Protectio n Criteria & RBSLs Nonresident ial Drinking Water Protection Criteria & RBSLs Groundwat er Surface Water Interface Protection Criteria & RBSLs Soil Volatilizati on to Indoor Air Inhalation Criteria & RBSLs Infinite Source Volatile Soil Inhalatio n Criteria (VSIC) & RBSLs Finite VSIC for 5 Meter Source Thickne ss Finite VSIC for 2 Meter Source Thickne ss Particula te Soil Inhalatio n Criteria & RBSLs Direct Contact Criteria & RBSLs Soil Saturation Concentrati on Screening Levels Cobalt 744048 4 6,800 800 2,000 2,000 NLV NLV NLV NLV 5.9E+6 9.0E+6 NA Copper (B) 744050 8 32,000 5.8E+6 5.8E+6 (G) NLV NLV NLV NLV 5.9E+7 7.3E+7 NA Cyanazine 217254 62 NA 200 200 1,100 (X) NLV NLV NLV NLV ID 66,000 NA Cyanide (P,R) 57125 390 (total)4,000 4,000 100 NLV NLV NLV NLV 2.5E+5 2.5E+5 NA Cyclohexanone 108941 NA 5.2E+6 1.5E+7 NA 32,000 1.3E+6 1.1E+7 2.7E+7 2.9E+10 1.0E+9 (C,D) 2.2E+8 Dacthal 186132 1 NA 50,000 1.4E+5 NA NLV NLV NLV NLV ID 7.3E+6 NA Dalapon 75990 NA 4,000 4,000 NA NLV NLV NLV NLV ID 6.2E+7 (C) 5.9E+7 4-4'-DDD 72548 NA NLL NLL NLL NLV NLV NLV NLV 5.6E+7 4.0E+5 NA 4-4'-DDE 72559 NA NLL NLL NLL NLV NLV NLV NLV 4.0E+7 1.9E+5 NA 4-4'-DDT 50293 NA NLL NLL NLL NLV NLV NLV NLV 4.0E+7 2.8E+5 NA Decabromodiphenyl ether 116319 5 NA 1.4E+5 1.4E+5 NA 1.0E+9 (D) 1.0E+8 1.0E+8 1.0E+8 1.0E+9 1.1E+7 NA Di-n-butyl phthalate 84742 NA 9.6E+5 (C) 2.7E+6 (C) 11,000 NLV NLV NLV NLV 1.5E+9 8.7E+7 (C) 7.6E+5 Di(2-ethylhexyl) adipate 103231 NA 1.3E+7 (C) 1.3E+7 (C) ID NLV NLV NLV NLV 1.2E+10 6.3E+7 (C,DD) 9.6E+5 Di-n-octyl phthalate 117840 NA 1.0E+8 2.9E+8 (C) ID NLV NLV NLV NLV 1.4E+10 2.0E+7 1.4E+8 Diacetone alcohol (I) 123422 NA ID ID NA NLV NLV NLV NLV 7.1E+10 ID 1.1E+8 Diazinon 333415 NA 95 280 72 NLV NLV NLV NLV ID 70,000 (DD) 3.1E+5 Dibenzo(a,h)anthrac ene (Q) 53703 NA NLL NLL NLL NLV NLV NLV NLV ID 8,000 NA Dibenzofuran 132649 NA ID ID 1,700 3.6E+6 1.6E+5 1.6E+5 1.6E+5 2.9E+6 ID NA Dibromochlorometh ane 124481 NA 1,600 (W) 1,600 (W) ID 21,000 80,000 80,000 98,000 1.6E+8 5.0E+5 6.1E+5 Dibromochloropropa ne 96128 NA 10 (M);

4.0 10 (M); 4.0 ID 1,200 900 900 900 7.0E+5 20,000 (C) 1,200

Dibromomethane 74953 NA 1,600 4,600 NA ID ID ID ID ID 8.0E+6 (C) 2.0E+6 Dicamba 191800 9 NA 4,400 13,000 NA NLV NLV NLV NLV ID 1.7E+7 NA 1,2-Dichlorobenzene 95501 NA 14,000 14,000 280 2.0E+7 (C) 4.6E+7 4.6E+7 5.5E+7 4.4E+10 6.3E+7 (C) 2.1E+5 1,3-Dichlorobenzene 541731 NA 170 480 680 48,000 94,000 94,000 1.1E+5 8.8E+7 6.6E+5 (C) 1.7E+5 1,4-Dichlorobenzene 106467 NA 1,700 1,700 360 1.0E+5 2.6E+5 2.6E+5 3.4E+5 5.7E+8 1.9E+6 NA 3,3'- Dichlorobenzidine 91941 NA 2,000 (M); 28 2,000 (M);

2,000 (M);

7.4 NLV NLV NLV NLV 8.2E+6 30,000 NA

Dichlorodifluorometh ane 75718 NA 95,000 2.7E+5 ID 1.7E+6 6.3E+7 5.5E+8 1.4E+9 1.5E+12 1.7E+8 (C) 1.0E+6 TABLE 3. SOIL: NONRESIDENTIAL

PART 201 GENERIC CLEANUP CRITERIA AND SCREENING LEVELS;

220 NLV NLV NLV NLV 2.3E+9

3.9E+6

(C,DD) 1.8E+6 2,4-

Dichlorophenoxyac etic acid 94757 NA 1,400 1,400 4,400 NLV NLV NLV NLV 2.9E+9 8.6E+6 NA 1,2- Dichloropropane (I) 78875 NA 100 100 4,600 (X) 7,400 30,000 51,000 1.2E+5 1.2E+8 6.6E+5 (C) 5.5E+5 1,3- Dichloropropene 542756 NA 170 700 180 (X) 5,400 60,000 2.0E+5 4.7E+5 5.9E+8 2.4E+5 6.2E+5 Dichlorovos 62737 NA 50 (M); 32 130 NA NLV NLV NLV NLV 1.5E+7 47,000 2.2E+6 Dicyclohexyl phthalate 84617 NA ID ID NA ID ID ID ID ID ID NA Dieldrin 60571 NA NLL NLL NLL 7.2E+5 64,000 64,000 64,000 8.5E+5 4,700 NA Diethyl ether 60297 NA 200 200 ID 5.2E+7 (C) 1.0E+8 1.6E+8 3.5E+8 3.5E+11 3.6E+8 (C) 7.4E+6 Diethyl phthalate 84662 NA 1.1E+5 3.2E+5 2,200 NLV NLV NLV NLV 1.5E+9 5.5E+8 (C) 7.4E+5 Diethylene glycol monobutyl ether 112345 NA 1,800 5,000 NA NLV NLV NLV NLV 5.9E+8 8.7E+6 1.1E+8 Diisopropyl ether 108203 NA 600 1,700 (C) ID 1.2E+6 (C) 3.2E+6 4.8E+6 1.0E+7 1.1E+10 3.0E+6 (C) 1,300 Diisopropylamine (I) 108189 NA 110 320 NA 1.0E+7 (C) 7.4E+6 7.4E+6 7.7E+6 5.9E+9 5.6E+5 6.7E+6 Dimethyl phthalate 131113 NA 1.5E+6 (C) 4.2E+6 (C) NA NLV NLV NLV NLV 1.5E+9 1.0E+9 (C,D) 7.9E+5 N,N- Dimethylacetamide 127195 NA 3,600 10,000 82,000 (X) NLV NLV NLV NLV ID 1.8E+7 1.1E+8 N,N- Dimethylaniline 121697 NA 320 920 NA 8.9E+5 (C) 5.2E+5 5.2E+5 5.2E+5 3.3E+8 1.6E+6 (C) 8.0E+5 Dimethylformamide (I) 68122 NA 14,000 40,000 NA NLV NLV NLV NLV 8.8E+8 7.0E+7 1.1E+8 2,4-Dimethylphenol 105679 NA 7,400 20,000 7,600 NLV NLV NLV NLV 2.1E+9 3.6E+7 NA 2,6-Dimethylphenol 576261 NA 330 (M);

330 (M);

260 NA NLV NLV NLV NLV 5.9E+7 4.4E+5 NA 3,4-Dimethylphenol 95658 NA 330 (M);

200 580 500 NLV NLV NLV NLV 1.0E+8 1.0E+6 NA

Dimethylsulfoxide 67685 NA 4.4E+6 1.3E+7 3.8E+6 NLV NLV NLV NLV 5.9E+8 1.0E+9 (C,D) 1.8E+7 2,4-Dinitrotoluene 121142 NA 430 640 NA NLV NLV NLV NLV 2.0E+7 2.2E+5 NA TABLE 3. SOIL: NONRESIDENTIAL

PART 201 GENERIC CLEANUP CRITERIA AND SCREENING LEVELS;

Groundwater Protection Indoor Air Ambient Air (Y) (C) Contact Csat Hazardous Substance Chemic al Abstract Service Number Statewide Default Backgrou nd Levels Residential Drinking Water Protection Criteria & RBSLs Nonresidenti al Drinking Water Protection Criteria & RBSLs Groundwate r Surface Water Interface Protection Criteria & RBSLs Soil Volatilizatio n to Indoor Air Inhalation Criteria & RBSLs Infinite Source Volatile Soil Inhalation Criteria (VSIC) & RBSLs Finite VSIC for 5 Meter Source Thicknes s Finite VSIC for 2 Meter Source Thicknes s Particulat e Soil Inhalatio n Criteria & RBSLs Direct Contact Criteria & RBSLs Soil Saturation Concentratio n Screening Levels Dinoseb 88857 NA 300 300 200 (M); 43 NLV NLV NLV NLV 1.2E+8 3.9E+5 (C,DD) 1.4E+5 1,4-Dioxane (I) 123911 NA 1,700 7,000 56,000 (X) NLV NLV NLV NLV 7.1E+8 2.4E+6 9.7E+7 Diquat 85007 NA 400 400 400 NLV NLV NLV NLV ID 1.6E+6 NA Diuron 330541 NA 620 1,800 NA NLV NLV NLV NLV 2.1E+8 3.1E+6 NA Endosulfan (J) 115297 NA NLL NLL NLL ID ID ID ID ID 4.4E+6 NA Endothall 145733 NA NLL NLL NLL NLV NLV NLV NLV 1.0E+9 1.2E+7 NA Endrin 72208 NA NLL NLL NLL NLV NLV NLV NLV ID 1.9E+5 NA Epichlorohydri n (I) 106898 NA 100 100 NA 1.2E+5 37,000 37,000 37,000 2.9E+7 41,000 7.3E+6 Ethanol (I) 64175 NA 3.8E+7 7.6E+7 ID NLV NLV NLV NLV 5.6E+11 1.0E+9 (C,D,DD D) 1.1E+8 Ethyl acetate (I) 141786 NA 1.3E+5 3.8E+5 NA 7.0E+7 (C) 5.9E+7 5.9E+7 1.0E+8 9.4E+10 6.6E+8 (C) 7.5E+6 Ethyl-tert-butyl ether (ETBE) 637923 NA 980 980 ID 1.7E+6 (C) 2.3E+6 4.6E+6 1.1E+7 1.1E+10 ID 6.5E+5 Ethylbenzene (I) 100414 NA 1,500 1,500 360 4.6E+5 (C) 2.4E+6 3.1E+6 6.5E+6 1.3E+10 7.1E+7 (C) 1.4E+5 Ethylene dibromide 106934 NA 20 (M); 1.0 20 (M); 1.0 110 (X) 3,600 5,800 5,800 9,800 1.8E+7 430 8.9E+5 Ethylene glycol 107211 NA 3.0E+5 8.4E+5 3.8E+6 (X) NLV NLV NLV NLV 2.9E+10 1.0E+9 (C,D) 1.1E+8 Ethylene glycol monobutyl ether 111762 NA 74,000 2.0E+5 NA 1.4E+6 2.1E+7 1.5E+8 3.6E+8 3.8E+11 3.6E+8 (C) 4.1E+7 Fluoranthene 206440 NA 7.3E+5 7.3E+5 5,500 1.0E+9 (D) 8.9E+8 8.8E+8 8.8E+8 4.1E+9 1.3E+8 NA Fluorene 86737 NA 3.9E+5 8.9E+5 5,300 1.0E+9 (D) 1.5E+8 1.5E+8 1.5E+8 4.1E+9 8.7E+7 NA Fluorine (soluble fluoride) (B) 778241 4 NA 40,000 40,000 ID NLV NLV NLV NLV ID 6.7E+7 (DD) NA Formaldehyde 50000 NA 26,000 76,000 2,400 65,000 43,000 69,000 1.5E+5 2.6E+8 1.3E+8 (C) 6.0E+7 Formic acid (I,U) 64186 NA 2.0E+5 5.8E+5 ID 2.8E+6 2.6E+5 1.6E+5 1.6E+5 5.9E+7 1.0E+9 (C,D) 1.1E+8 1- Formylpiperidi ne 259186 8 NA 1,600 4,600 NA ID ID ID ID ID 8.0E+6 1.0E+7 Gentian violet 548629 NA 300 1,300 NA NLV NLV NLV NLV ID 4.4E+5 NA Glyphosate 107183 6 NA NLL NLL NLL NLV NLV NLV NLV ID 5.7E+7 (DD) NA Heptachlor 76448 NA NLL NLL NLL 1.9E+6 2.1E+5 2.1E+5 2.1E+5 3.0E+6 23,000 NA Heptachlor epoxide 102457 3 NA NLL NLL NLL NLV NLV NLV NLV 1.5E+6 9,500 NA n-Heptane 142825 NA 4.6E+7 (C) 1.3E+8 (C) NA 2.7E+6 (C) 2.5E+7 4.5E+7 1.0E+8 1.0E+11 1.0E+9 (C,D) 2.4E+5 TABLE 3. SOIL: NONRESIDENTIAL

PART 201 GENERIC CLEANUP CRITERIA AND SCREENING LEVELS;

Groundwater Protection Indoor Air Ambient Air (Y) (C) Contact Csat Hazardous Substance Chemic al Abstrac t Service Numbe r Statewide Default Backgrou nd Levels Residenti al Drinking Water Protectio n Criteria & RBSLs Nonresident ial Drinking Water Protection Criteria & RBSLs Groundwat er Surface Water Interface Protection Criteria & RBSLs Soil Volatilization to Indoor Air Inhalation Criteria & RBSLs Infinite Source Volatile Soil Inhalation Criteria (VSIC) & RBSLs Finite VSIC for 5 Meter Source Thickne ss Finite VSIC for 2 Meter Source Thickne ss Particula te Soil Inhalatio n Criteria & RBSLs Direct Contact Criteria & RBSLs Soil Saturation Concentrati on Screening Levels Hexabromobenzene 87821 NA 5,400 5,400 ID ID ID ID ID ID 3.1E+6 NA Hexachlorobenzene (C-66) 118741 NA 1,800 1,800 350 2.2E+5 56,000 56,000 56,000 8.5E+6 37,000 NA Hexachlorobutadiene (C-46) 87683 NA 26,000 72,000 91 7.1E+5 (C) 4.6E+5 4.6E+5 4.6E+5 1.8E+8 4.7E+5 (C) 3.5E+5 alpha- Hexachlorocyclohexan e 319846 NA 18 71 ID 1.6E+5 41,000 86,000 86,000 2.1E+6 12,000 NA beta- Hexachlorocyclohexan e 319857 NA 37 150 ID NLV NLV NLV NLV 7.4E+6 25,000 NA Hexachlorocyclopentad iene (C-56) 77474 NA 3.2E+5 3.2E+5 ID 56,000 60,000 60,000 60,000 5.9E+6 6.7E+6 (C) 7.2E+5 Hexachloroethane 67721 NA 430 1,200 1,800 (X) 79,000 6.6E+5 1.4E+6 1.4E+6 1.0E+8 7.3E+5 NA n-Hexane 110543 NA 1.8E+5 (C) 5.1E+5 (C) NA 9.5E+5 (C) 3.5E+6 3.5E+6 6.4E+6 5.9E+9 3.0E+8 (C) 44,000 2-Hexanone 591786 NA 20,000 58,000 ID 1.8E+6 1.3E+6 1.3E+6 1.5E+6 1.2E+9 1.0E+8 (C) 2.5E+6 Indeno(1,2,3-cd)pyrene (Q) 193395 NA NLL NLL NLL NLV NLV NLV NLV ID 80,000 NA Iron (B) 743989 6 1.2E+7 6,000 6,000 NA NLV NLV NLV NLV ID 5.8E+8 NA Isobutyl alcohol (I) 78831 NA 46,000 1.3E+5 NA 4.3E+8 (C) 9.5E+7 9.5E+7 9.5E+7 4.4E+10 2.3E+8 (C) 8.9E+6 Isophorone 78591 NA 15,000 62,000 26,000 (X) NLV NLV NLV NLV 8.2E+9 2.2E+7 (C) 2.4E+6 Isopropyl alcohol (I) 67630 NA 9,400 26,000 1.1E+6 (X) NLV NLV NLV NLV 6.5E+9 4.7E+7 1.1E+8 Isopropyl benzene 98828 NA 91,000 2.6E+5 3,200 7.3E+5 (C) 2.0E+6 2.0E+6 3.0E+6 2.6E+9 8.0E+7 (C) 3.9E+5 Lead (B) 743992 1 21,000 7.0E+5 7.0E+5 (G,X) NLV NLV NLV NLV 4.4E+7 9.0E+5 (DD) NA Lindane 58899 NA 20 (M);

7.0 20 (M); 7.0 20 (M); 1.1 ID ID ID ID ID 42,000 NA

Lithium (B) 743993 2 9,800 3,400 7,000 8,800 NLV NLV NLV NLV 1.0E+9 3.1E+7 (DD) NA Magnesium (B) 743995 4 NA 8.0E+6 2.2E+7 NA NLV NLV NLV NLV 2.9E+9 1.0E+9 (D) NA Manganese (B) 743996 5 4.4E+5 1,000 1,000 (G,X) NLV NLV NLV NLV 1.5E+6 9.0E+7 NA Mercury (Total) (B,Z) Varies 130 1,700 1,700 50 (M); 1.2 89,000 62,000 62,000 62,000 8.8E+6 5.8E+5 NA Methane 74828 NA ID ID NA 8.4E+6 ug/m (GG) ID ID ID ID ID ID Methanol 67561 NA 74,000 2.0E+5 1.2E+7 (C) 6.7E+7 (C) 3.7E+7 4.6E+7 9.7E+7 9.6E+10 3.6E+8 (C) 3.1E+6 Methoxychlor 72435 NA 16,000 16,000 NA ID ID ID ID ID 5.6E+6 NA 2-Methoxyethanol (I) 109864 NA 150 420 NA NLV NLV NLV NLV 5.9E+8 7.3E+5 1.1E+8 2-Methyl-4chlorophenoxyacetic acid 94746 NA 390 1,100 NA NLV NLV NLV NLV ID 7.3E+5 NA 2-Methyl-4,6dinitrophenol 534521 NA 830 (M);

830 (M);

400 NA NLV NLV NLV NLV 5.9E+7 2.6E+5 NA

TABLE 3. SOIL: NONRESIDENTIAL

PART 201 GENERIC CLEANUP CRITERIA AND SCREENING LEVELS;

1.8E+7

7.1E+6

Methylcyclopentane (I) 96377 NA ID ID NA 1.7E+5 2.8E+6 8.3E+6 2.0E+7 2.1E+10 ID 3.5E+5 4,4'-Methylene-bis-2chloroaniline 101144 NA NLL NLL NLL NLV NLV NLV NLV 1.1E+8 32,000 NA Methylene chloride 75092 NA 100 100 30,000 (X) 2.4E+5 7.0E+5 1.7E+6 4.0E+6 8.3E+9 5.8E+6 (C) 2.3E+6 2-Methylnaphthalene 91576 NA 57,000 1.7E+5 4,200 4.9E+6 1.8E+6 1.8E+6 1.8E+6 2.9E+8 2.6E+7 NA Methylphenols (J) 131977 3 NA 7,400 20,000 1,000 (M);

600 NLV NLV NLV NLV 2.9E+9 3.6E+7 NA

Metolachlor 512184 52 NA 4,800 20,000 300 NLV NLV NLV NLV ID 6.9E+6 (C,DD) 4.4E+5 Metribuzin 210876 49 NA 3,600 10,000 NA ID ID ID ID ID 2.8E+7 NA Mirex 238585 5 NA NLL NLL NLL ID ID ID ID ID 40,000 NA Molybdenum (B) 743998 7 NA 1,500 4,200 64,000 (X) NLV NLV NLV NLV ID 9.6E+6 NA Naphthalene 91203 NA 35,000 1.0E+5 730 4.7E+5 3.5E+5 3.5E+5 3.5E+5 8.8E+7 5.2E+7 NA Nickel (B) 744002 0 20,000 1.0E+5 1.0E+5 (G) NLV NLV NLV NLV 1.6E+7 1.5E+8 NA Nitrate (B,N) 147975 58 NA 2.0E+5 (N) 2.0E+5 (N) ID NLV NLV NLV NLV ID ID NA Nitrite (B,N) 147976 50 NA 20,000 (N) 20,000 (N) NA NLV NLV NLV NLV ID ID NA Nitrobenzene (I) 98953 NA 330 (M);

330 (M);

190 3,600 (X) 1.7E+5 64,000 64,000 64,000 2.1E+7 3.4E+5 4.9E+5 2-Nitrophenol 88755 NA 400 1,200 ID NLV NLV NLV NLV ID 2.0E+6 NA n-Nitroso-di-npropylamine 621647 NA 330 (M);

330 (M);

100 NA NLV NLV NLV NLV 2.0E+6 5,400 1.5E+6

N- Nitrosodiphenylamin e 86306 NA 5,400 22,000 NA NLV NLV NLV NLV 2.8E+9 7.8E+6 NA Oxamyl 231352 20 NA 4,000 4,000 NA NLV NLV NLV NLV ID 2.8E+7 NA Oxo-hexyl acetate 882303 57 NA 1,500 4,200 NA ID ID ID ID 2.4E+9 7.3E+6 1.0E+7 Pendimethalin 404874 21 NA 1.1E+6 1.1E+6 NA NLV NLV NLV NLV ID 1.3E+8 NA Pentachlorobenzene 608935 NA 29,000 81,000 9,500 ID ID ID ID ID 9.3E+5 (C) 1.9E+5 Pentachloronitrobenz ene 82688 NA 37,000 37,000 NA 2.2E+5 2.8E+5 2.8E+5 2.8E+5 1.5E+8 5.5E+6 NA TABLE 3. SOIL: NONRESIDENTIAL

PART 201 GENERIC CLEANUP CRITERIA AND SCREENING LEVELS;

(J,T) 133636

3 NA NLL NLL NLL 1.6E+7 8.1E+5 2.8E+7 2.8E+7 6.5E+6 (T) NA

Prometon 161018 0 NA 4,900 14,000 NA NLV NLV NLV NLV ID 1.6E+7 NA Propachlor 191816 7 NA 1,900 5,400 NA NLV NLV NLV NLV ID 9.5E+6 NA Propazine 139402 NA 4,000 11,000 NA NLV NLV NLV NLV ID 2.0E+7 NA Propionic acid 79094 NA 2.4E+5 7.0E+5 ID NLV NLV NLV NLV 8.8E+9 1.0E+9 (C,D) 1.1E+8 Propyl alcohol (I) 71238 NA 28,000 80,000 NA NLV NLV NLV NLV 2.1E+10 7.4E+7 (DD) 1.1E+8 n-Propylbenzene (I) 103651 NA 1,600 4,600 ID ID ID ID ID 5.9E+8 8.0E+6 1.0E+7 Propylene glycol 57556 NA 3.0E+6 8.4E+6 5.8E+6 NLV NLV NLV NLV 1.8E+11 1.0E+9 (C,D) 1.1E+8 Pyrene 129000 NA 4.8E+5 4.8E+5 ID 1.0E+9 (D) 7.8E+8 7.8E+8 7.8E+8 2.9E+9 8.4E+7 NA Pyridine (I) 110861 NA 400 420 NA 2,000 9,800 40,000 97,000 1.0E+8 7.3E+5 (C) 37,000 Selenium (B) 778249 2 410 4,000 4,000 400 NLV NLV NLV NLV 5.9E+7 9.6E+6 NA Silver (B) 744022 4 1,000 4,500 13,000 100 (M);

27 NLV NLV NLV NLV 2.9E+6 9.0E+6 NA

Silvex (2,4,5-TP) 93721 NA 3,600 3,600 2,200 NLV NLV NLV NLV ID 5.5E+6 NA Simazine 122349 NA 80 80 340 NLV NLV NLV NLV ID 3.8E+6 NA Sodium 173412 52 NA 4.6E+6 7.0E+6 NA NLV NLV NLV NLV ID 1.0E+9 (D) NA TABLE 3. SOIL: NONRESIDENTIAL

PART 201 GENERIC CLEANUP CRITERIA AND SCREENING LEVELS;

180 ID ID 2.6E+5 ID ID

Thallium (B) 7440280 NA 2,300 2,300 4,200 (X) NLV NLV NLV NLV 5.9E+6 1.3E+5 NA Toluene (I) 108883 NA 16,000 16,000 5,400 6.1E+5 (C) 3.3E+6 3.6E+7 3.6E+7 1.2E+10 1.6E+8 (C) 2.5E+5 p-Toluidine 106490 NA 660 (M);

300 1,200 NA NLV NLV NLV NLV 1.3E+8 4.3E+5 1.2E+6

Toxaphene 8001352 NA 24,000 24,000 8,200 NLV NLV NLV NLV 1.2E+7 85,000 NA Triallate 2303175 NA 95,000 2.7E+5 (C) NA ID ID ID ID ID 9.5E+6 (C) 2.5E+5 Tributylamine 102829 NA 7,800 23,000 ID 1.1E+6 7.2E+5 7.2E+5 7.2E+5 2.1E+8 2.6E+6 3.7E+6 1,2,4- Trichlorobenzene 120821 NA 4,200 4,200 5,900 (X) 1.8E+7 (C) 3.4E+7 3.4E+7 3.4E+7 1.1E+10 5.8E+6 (C,DD) 1.1E+6 1,1,1- Trichloroethane 71556 NA 4,000 4,000 1,800 4.6E+5 4.5E+6 1.5E+7 3.1E+7 2.9E+10 1.0E+9 (C,D) 4.6E+5 1,1,2- Trichloroethane 79005 NA 100 100 6,600 (X) 24,000 57,000 57,000 1.2E+5 2.5E+8 8.4E+5 9.2E+5 Trichloroethylene 79016 NA 100 100 4,000 (X) 1,900 14,000 25,000 58,000 5.9E+7 6.6E+5 (C,DD) 5.0E+5 Trichlorofluorometh ane 75694 NA 52,000 1.5E+5 NA 5.1E+6(C) 1.1E+8 1.4E+11 1.4E+11 1.7E+12 2.6E+8 (C) 5.6E+5 2,4,5- Trichlorophenol 95954 NA 39,000 1.1E+5 NA NLV NLV NLV NLV 1.0E+10 7.3E+7 NA 2,4,6- Trichlorophenol 88062 NA 2,400 9,400 330 (M);

100 NLV NLV NLV NLV 1.3E+9 3.3E+6 NA

TABLE 3. SOIL: NONRESIDENTIAL

PART 201 GENERIC CLEANUP CRITERIA AND SCREENING LEVELS;

Groundwater Protection Indoor Air Ambient Air (Y) (C) Contact Csat Hazardous Substance Chemic al Abstract Service Number Statewide Default Backgrou nd Levels Residenti al Drinking Water Protectio n Criteria & RBSLs Nonresident ial Drinking Water Protection Criteria & RBSLs Groundwat er Surface Water Interface Protection Criteria & RBSLs Soil Volatilizati on to Indoor Air Inhalation Criteria & RBSLs Infinite Source Volatile Soil Inhalati on Criteria (VSIC) & RBSLs Finite VSIC for 5 Meter Source Thickne ss Finite VSIC for 2 Meter Source Thickne ss Particula te Soil Inhalatio n Criteria & RBSLs Direct Contact Criteria & RBSLs Soil Saturation Concentrati on Screening Levels 1,2,3-Trichloropropane 96184 NA 840 2,400 NA 7,500 11,000 11,000 12,000 8.8E+6 4.2E+6 (C) 8.3E+5 1,1,2-Trichloro-1,2,2trifluoroethane 76131 NA 9.0E+6 (C) 9.0E+6 (C) 1,700 9.3E+6 (C) 2.1E+8 8.9E+8 2.1E+9 2.3E+12 1.0E+9 (C,D) 5.5E+5 Triethanolamine 102716 NA 74,000 2.0E+5 NA NLV NLV NLV NLV 1.5E+9 3.6E+8 (C) 1.1E+8 Triethylene glycol 112276 NA 86,000 2.4E+5 (C) NA NLV NLV NLV NLV ID 2.3E+8 (C,DD) 1.1E+5 3-Trifluoromethyl-4nitrophenol 88302 NA 1.1E+5 3.1E+5 NA NLV NLV NLV NLV ID 2.4E+8 (DD) NA Trifluralin 158209 8 NA 1.9E+5 5.7E+5 NA ID ID ID ID ID 5.7E+6 NA 2,2,4-Trimethyl pentane 540841 NA ID ID NA 2.0E+5 (C) 6.3E+6 4.0E+7 9.6E+7 1.0E+11 ID 19,000 2,4,4-Trimethyl-2pentene (I) 107404 NA ID ID NA ID ID ID ID ID ID 56,000 1,2,4- Trimethylbenzene (I) 95636 NA 2,100 2,100 570 8.0E+6 (C) 2.5E+7 6.0E+8 6.0E+8 3.6E+10 1.0E+8 (C) 1.1E+5 1,3,5- Trimethylbenzene (I) 108678 NA 1,800 1,800 1,100 4.8E+6 (C) 1.9E+7 4.6E+8 4.6E+8 3.6E+10 1.0E+8 (C) 94,000 Triphenyl phosphate 115866 NA 1.5E+6 (C) 1.8E+6 (C) NA NLV NLV NLV NLV ID 1.2E+8 (C) 1.1E+5 tris(2,3- Dibromopropyl)phosph ate 126727 NA 930 930 ID 4.3E+5 (C) 60,000 60,000 60,000 7.4E+6 20,000 27,000 Urea 57136 NA ID ID NA NLV NLV NLV NLV ID ID NA Vanadium 744062 2 NA 72,000 9.9E+5 4.3E+5 NLV NLV NLV NLV ID 5.5E+6 (DD) NA Vinyl acetate (I) 108054 NA 13,000 36,000 NA 1.5E+6 2.0E+6 2.7E+6 5.9E+6 5.9E+9 3.4E+7 (C,DD) 2.4E+6 Vinyl chloride 75014 NA 40 40 260 (X) 2,800 29,000 1.7E+5 4.2E+5 8.9E+8 34,000 4.9E+5 White phosphorus (R) 121851 03 NA 2.2 6 NA NLV NLV NLV NLV ID 17,000 (DD) NA Xylenes (I) 133020 7 NA 5,600 5,600 820 1.2E+7 (C) 5.4E+7 6.5E+7 1.3E+8 1.3E+11 1.0E+9 (C,D) 1.5E+5 Zinc (B) 744066 6 47,000 2.4E+6 5.0E+6 (G) NLV NLV NLV NLV ID 6.3E+8 NA

**History**
- *History: 2013 AACS.*

##### **Mich. Admin. Code R 299.49** Footnotes for generic cleanup criteria tables {#sec-r-299.49 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.49}

Rule 49. (1) The footnotes that apply to the generic criteria tables in R 299.44, R 299.46, and R 299.48 are as follows:

(A) Criterion is the state of Michigan drinking water standard established pursuant to Section 5 of 1976 PA 399, MCL 325.1005.

(B) Background, as defined in R 299.1(b), may be substituted if higher than the calculated cleanup criterion. Background levels may be less than criteria for some inorganic compounds.

(C) The criterion developed under R 299.20 to R 299.26 exceeds the chemical-specific soil saturation screening level (C sat ). The person proposing or implementing response activity shall document whether additional response activity is required to control free-phase liquids or NAPL to protect against risks associated with freephase liquids by using methods appropriate for the free-phase liquids present.

Development of a site-specific C sat or methods presented in R 299.22, R 299.24(5), and R 299.26(8) may be conducted for the relevant exposure pathways.

(D) Calculated criterion exceeds 100 percent, hence it is reduced to 100 percent or 1.0E+9 parts per billion (ppb).

(E) Criterion is the aesthetic drinking water value, as required by Section 20120a(5) of the Natural Resources and Environmental Protection Act, 1994 PA 451, MCL 324.20120a(5), as amended (NREPA). A notice of aesthetic impact may be employed as an institutional control mechanism if groundwater concentrations exceed the aesthetic drinking water criterion, but do not exceed the applicable health-based drinking water value provided in the following table:

Hazardous Substance Chemical Abstract Service Number Residential Health- Based Drinking Water Value Non- Residential Health- Based Drinking Water Value Aluminum74299053004,100 tertiary Amyl methyl ether9940589102,600 Copper74405081,4004,000 Diethyl ether602973,70010,000 Ethylbenzene100414700700 Iron74398962,0005,600 Manganese74399658602,500 Methyl-tert-butyl ether (MTBE) 1634044 240 690 Toluene1088831,0001,000 1,2,4-Trimethylbenzene956361,0002,900 1,3,5-Trimethylbenzene1086781,0002,900 Xylenes133020710,00010,000 (F) Criterion is based on adverse impacts to plant life and phytotoxicity.

(G) Groundwater surface water interface (GSI) criterion depends on the pH or water hardness, or both, of the receiving surface water. The final chronic value (FCV) for the protection of aquatic life shall be calculated based on the pH or hardness of the receiving surface water. Where water hardness exceeds 400 mg CaCO /L, use 400 mg CaCO /L for the FCV calculation. The FCV formula provides values in units of ug/L or ppb. The generic GSI criterion is the lesser of the calculated FCV, the wildlife value (WV), and the surface water human non-drinking water value (HNDV). The soil GSI protection criteria for these hazardous substances are the greater of the 20 times the GSI criterion or the GSI soil-water partition values using the GSI criteria developed with the procedure described in this footnote.

Hazardous Substance FCV Formula ug/L FCV Conversion Factor (CF)

WV ug/L HNDV ug/L Acetate EXP(0.2732*(pH) + 7.0362)

NA NA1.3E+6

Acetic Acid EXP(0.2732*(pH) + 7.0362) NA NA1.3E+6 Barium EXP(1.0629*(LnH)+1.1869) NA NA1.6E+5 Beryllium EXP(2.5279*(LnH)-10.7689) NA NA1,200 Cadmium  (EXP(0.7852*(LnH)-2.715))*CF 1.101672- ((LnH)*(0.041838))

NA130

Chromium (III)  (EXP(0.819*(LnH)+0.6848))*CF0.86 NA9,400 Copper (EXP(0.8545*(LnH)-1.702)) *CF 0.96 NA38,000 Lead  (EXP(0.9859*(LnH)-1.270))*CF 1.46203- ((LnH)*(0.14571))

NA190

Manganese  EXP(0.8784*(LnH)+3.5385) NA NA59,000 Nickel (EXP(0.846*(LnH)+0.0584))*CF 0.997 NA2.1E+5 Pentachlorophenol  EXP(1.005*(pH)-5.134) NA NA2.8 Zinc (EXP(0.8473*(LnH)+0.884))*CF 0.986 NA 16,000 where, EXP(x)=The base of the natural logarithm raised to power x (e x ).

LnH=The natural logarithm of water hardness in mg CaCO /L. *=The multiplication symbol.  =The GSI criterion developed here may not be protective for surface water that is used as a drinking water source. Refer to footnote (X) for further guidance.

A spreadsheet that may be used to calculate GSI and GSI protection criteria for (G)-footnoted hazardous substances is available on the Department of Environmental Quality (DEQ) internet web site.

(H) Valence-specific chromium data (Cr III and Cr VI) shall be compared to the corresponding valence-specific cleanup criteria. If both Cr III and Cr VI are present in groundwater, the total concentration of both cannot exceed the drinking water criterion of 100 ug/L. If analytical data are provided for total chromium only, they shall be compared to the cleanup criteria for Cr VI. Cr III soil cleanup criterion for protection of drinking water can only be used at sites where groundwater is prevented from being used as a public water supply, currently and in the future, through an approved land or resource use restriction.

(I) Hazardous substance may exhibit the characteristic of ignitability as defined in 40 C.F.R. §261.21 (revised as of July 1, 2001), which is adopted by reference in these rules and is available for inspection at the DEQ, 525 West Allegan Street, Lansing, Michigan. Copies of the regulation may be purchased, at a cost as of the time of adoption of these rules of $45, from the Superintendent of Documents, Government Printing Office, Washington, DC 20401 (stock number 869-044-00155-1), or from the DEQ, Remediation and Redevelopment Division (RRD), 525 West Allegan Street, Lansing, Michigan 48933, at cost.

(J) Hazardous substance may be present in several isomer forms. Isomer-specific concentrations shall be added together for comparison to criteria.

(K) Hazardous substance may be flammable or explosive, or both.

(L) Criteria for lead are derived using a biologically based model, as allowed for under Sections 20120a(9) of the NREPA, and are not calculated using the algorithms and assumptions specified in pathway-specific rules. The generic residential drinking water criterion of 4 ug/L is linked to the generic residential soil direct contact criterion of 400 mg/kg. A higher concentration in the drinking water, up to the state action level of 15 ug/L, may be allowed as a site-specific remedy and still allow for drinking water use, under Section 20120a(2) and 20120b of the NREPA if soil concentrations are appropriately lower than 400 mg/kg. If a site-specific criterion is approved based on this subdivision, a notice shall be filed on the deed for all property where the groundwater concentrations will exceed 4 ug/L to provide notice of the potential for unacceptable risk if soil or groundwater concentrations increase.

Acceptable combinations of site-specific soil and drinking water concentrations are presented in the following table:

Acceptable Combinations of Lead in Drinking Water and Soil Drinking Water Concentration (ug/L)

Soil Concentration (mg/kg) 5386-395 6376-385 7376-385 8366-375 9356-365 10346-355 11336-345 12336-345 13326-335 14316-325 15306-315 (M) Calculated criterion is below the analytical target detection limit, therefore, the criterion defaults to the target detection limit.

(N) The concentrations of all potential sources of nitrate-nitrogen (e.g., ammonia-N, nitrite-N, nitrate-N) in groundwater that is used as a source of drinking water shall not, when added together, exceed the nitrate drinking water criterion of 10,000 ug/L. Where leaching to groundwater is a relevant pathway, soil concentrations of all potential sources of nitrate-nitrogen shall not, when added together, exceed the nitrate drinking water protection criterion of 2.0E+5 ug/kg.

(O) The concentration of all polychlorinated and polybrominated dibenzodioxin and dibenzofuran isomers present at a facility, expressed as an equivalent concentration of 2,3,7,8-tetrachlorodibenzo-p-dioxin based upon their relative potency, shall be added together and compared to the criteria for 2,3,7,8-tetrachlorodibenzo-pdioxin. The generic cleanup criteria for 2,3,7,8-tetrachlorodibenzo-p-dioxin are not calculated according to the algorithms presented in R 299.14 to R 299.26. The generic cleanup criteria are being held at the values that the DEQ has used since August 1998, in recognition of the fact that national efforts to reassess risks posed by dioxin are not yet complete. Until these studies are complete, it is premature to select a revised slope factor and/or reference dose for calculation of generic cleanup criteria.

(P) Amenable cyanide methods or method OIA-1677 shall be used to quantify cyanide concentrations for compliance with all groundwater criteria. Total cyanide methods or method OIA-1677 shall be used to quantify cyanide concentrations for compliance with soil criteria. Nonresidential direct contact criteria may not be protective of the potential for release of hydrogen cyanide gas. Additional land or resource use restrictions may be necessary to protect for the acute inhalation concerns associated with hydrogen cyanide gas.

(Q) Criteria for carcinogenic polycyclic aromatic hydrocarbons were developed using relative potential potencies to benzo(a)pyrene.

(R) Hazardous substance may exhibit the characteristic of reactivity as defined in 40 C.F.R. §261.23 (revised as of July 1, 2001), which is adopted by reference in these rules and is available for inspection at the DEQ, 525 West Allegan Street, Lansing, Michigan. Copies of the regulation may be purchased, at a cost as of the time of adoption of these rules of $45, from the Superintendent of Documents, Government Printing Office, Washington, DC 20401 (stock number 869-044-00155-1), or from the DEQ, RRD, 525 West Allegan Street, Lansing, Michigan 48933, at cost.

(S) Criterion defaults to the hazardous substance-specific water solubility limit.

(T) Refer to the federal Toxic Substances Control Act (TSCA), 40 C.F.R. §761, Subpart D and 40 C.F.R. §761, Subpart G, to determine the applicability of TSCA cleanup standards. Subpart D and Subpart G of 40 C.F.R. §761 (July 1, 2001) are adopted by reference in these rules and are available for inspection at the DEQ, 525 West Allegan Street, Lansing, Michigan. Copies of the regulations may be purchased, at a cost as of the time of adoption of these rules of $55, from the Superintendent of Documents, Government Printing Office, Washington, DC 20401, or from the DEQ, RRD, 525 West Allegan Street, Lansing, Michigan 48933, at cost.

Alternatives to compliance with the TSCA standards listed below are possible under 40 C.F.R. §761 Subpart D. New releases may be subject to the standards identified in 40 C.F.R. §761, Subpart G. Use Part 201 soil direct contact cleanup criteria in the following table if TSCA standards are not applicable.

Land Use Category TSCA, Subpart D Cleanup Standards Part 201 Soil Direct Contact Cleanup Criteria Residential 1,000 ppb, or 10,000 ppb if capped 4,000 ppb Nonresidential 1,000 ppb, or 10,000 ppb if capped 16,000 ppb (U) Hazardous substance may exhibit the characteristic of corrosivity as defined in 40 C.F.R. §261.22 (revised as of July 1, 2001), which is adopted by reference in these rules and is available for inspection at the DEQ, 525 West Allegan Street, Lansing, Michigan. Copies of the regulation may be purchased, at a cost as of the time of adoption of these rules of $45, from the Superintendent of Documents, Government Printing Office, Washington, DC 20401 (stock number 869-044-00155-1), or from the DEQ, RRD, 525 West Allegan Street, Lansing, Michigan 48933, at cost.

(V) Criterion is the aesthetic drinking water value as required by Section 20120(a)(5) of the NREPA. Concentrations up to 200 ug/L may be acceptable, and still allow for drinking water use, as part of a site-specific cleanup under Section 20120a(2) and 20120b of the NREPA.

(W) Concentrations of trihalomethanes in groundwater shall be added together to determine compliance with the Michigan drinking water standard of 80 ug/L.

Concentrations of trihalomethanes in soil shall be added together to determine compliance with the drinking water protection criterion of 1,600 ug/kg.

(X) The GSI criterion shown in the generic cleanup criteria tables is not protective for surface water that is used as a drinking water source. For a groundwater discharge to the Great Lakes and their connecting waters or discharge in close proximity to a water supply intake in inland surface waters, the generic GSI criterion shall be the surface water human drinking water value (HDV) listed in the table in this footnote, except for those HDV indicated with an asterisk. For HDV with an asterisk, the generic GSI criterion shall be the lowest of the HDV, the WV, and the calculated FCV. See formulas in footnote (G). Soil protection criteria based on the HDV shall be as listed in the table in this footnote, except for those values with an asterisk.

Soil GSI protection criteria based on the HDV shall be as listed in the table in this footnote, except for those values with an asterisk. Soil GSI protection criteria for compounds with an asterisk shall be the greater of 20 times the GSI criterion or the GSI soil-water partition values using the GSI criteria developed with the procedure described in this footnote.

Hazardous Substance Chemical Abstract Service Number Surface Water Human Drinking Water Values (HDV)

(ug/L)

Soil GSI Protection Criteria for HDV (ug/kg)

Acrylamide790610.5 (M); 0.1210 Alachlor159726083.588 Antimony74403602.0 (M); 1.71,200 Benzene 7143212240 Boron74404284,00080,000 Bromate1554145410 (M); 0.5200 n-Butanol713633,50070,000 Butyl benzyl phthalate856876.913,000 Cadmium74404392.5** Carbon tetrachloride562355.6110 Chloride1688700650,0001.0E+6 Chloroethane750031703,400 Chromium (III)16065831120** Cyanazine217254622.0 (M); 0.93200 (M); 40 1,2-Dichloroethane 1070626.0120 trans-1,2-Dichloroethylene1566054709,400 1,2-Dichloropropane 788759.1180 1,3-Dichloropropene5427563.3100 (M); 66 N,N-Dimethylacetamide12719570014,000 1,4-Dioxane12391134680 Ethylene dibromide1069340.1720 (M); 3.4 Ethylene glycol10721156,0001.1E+6 Hexachloroethane677215.3310 Isophorone785913106,200 Isopropyl alcohol6763028,0005.6E+5 Lead743992114** Manganese74399651,300** Methanol6756114,0002.8E+5 Methyl-tert-butyl ether (MTBE)16340441002,000 Methylene chloride7509247940 Molybdenum74399871202,400 Nitrobenzene989534.7330 (M); 94 Pentachlorophenol878651.8** Styrene10042520530 1,2,4,5-Tetrachlorobenzene959432.83,300 1,1,2,2-Tetrachloroethane793453.264 Tetrachloroethylene12718411220 Tetrahydrofuran1099993507,000 Hazardous Substance Chemical Abstract Service Number Surface Water Human Drinking Water Values (HDV)

(ug/L)

Soil GSI Protection Criteria for HDV (ug/kg)

Thallium74402802.0 (M); 1.21,400 1,2,4-Trichlorobenzene120821804,700 1,1,2-Trichloroethane7900512240 Trichloroethylene7901629580 Vinyl chloride750141.0 (M); 0.2540 (M); 20 (Y) Source size modifiers shown in the following table shall be used to determine soil inhalation criteria for ambient air when the source size is not one-half acre. The modifier shall be multiplied by the generic soil inhalation criteria shown in the table of generic cleanup criteria to determine the applicable criterion. See Footnote (C).

Source Size sq. feet or acresModifier 400 sq feet3.17 1000 sq feet2.2 2000 sq feet1.76 1/4 acre1.15 1/2 acre1 1 acre0.87 2 acre0.77 5 acre0.66 10 acre0.6 32 acre0.5 100 acre0.43 (Z) Mercury is typically measured as total mercury. The generic cleanup criteria, however, are based on data for different species of mercury. Specifically, data for elemental mercury, chemical abstract service (CAS) number 7439976, serve as the basis for the soil volatilization to indoor air criteria, groundwater volatilization to indoor air, and soil inhalation criteria. Data for methyl mercury, CAS number 22967926, serve as the basis for the GSI criterion; and data for mercuric chloride, CAS number 7487947, serve as the basis for the drinking water, groundwater contact, soil direct contact, and the groundwater protection criteria. Comparison to criteria shall be based on species-specific analytical data only if sufficient facility characterization has been conducted to rule out the presence of other species of mercury.

(AA) Use 10,000 ug/l where groundwater enters a structure through the use of a water well, sump or other device. Use 28,000 ug/l for all other uses.

(BB) The state drinking water standard for asbestos (fibers greater than 10 micrometers in length) is in units of a million fibers per liter of water (MFL). Soil concentrations of asbestos are determined by polarized light microscopy.

(CC) Groundwater: The generic GSI criteria are based on the toxicity of unionized ammonia (NH ); the criteria are 29 ug/L and 53 ug/L for cold water and warm water surface water, respectively. As a result, the GSI criterion shall be compared to the percent of the total ammonia concentration in the groundwater that will become NH in the surface water. This percent NH is a function of the pH and temperature of the receiving surface water and can be estimated using the following table, taken from Emerson, et al., (Journal of the Fisheries Research Board of Canada, Volume 32(12):2382, 1975).

Percent NH in Aqueous Ammonia Solutions for 0-30 o C and pH 6-10 pH TempTemp ( o F)( o C) 6.06.57.07.58.08.59.09.510.0 32.000.008270.02610.08260.2610.8202.557.6420.745.3 33.810.008990.02840.08980.2840.8912.778.2522.147.3 35.620.009770.03090.09770.3080.9683.008.9023.649.4 37.430.01060.03360.1060.3351.053.259.6025.151.5 pH TempTemp ( o F)( o C) 6.06.57.07.58.08.59.09.510.0 39.240.01150.03640.1150.3631.143.5210.326.753.5 41.050.01250.03950.1250.3941.233.8011.128.355.6 42.860.01360.04290.1350.4271.344.1111.930.057.6 44.670.01470.04640.1470.4621.454.4412.831.759.5 46.480.01590.05030.1590.5011.574.7913.733.561.4 48.290.01720.05440.1720.5421.695.1614.735.363.3 50.0100.01860.05890.1860.5861.835.5615.737.165.1 51.8110.02010.06370.2010.6331.975.9916.838.966.8 53.6120.02180.06880.2170.6842.136.4417.940.868.5 55.4130.02350.07430.2350.7382.306.9219.042.670.2 57.2140.02540.08020.2530.7962.487.4320.244.571.7 59.0150.02740.08650.2730.8592.677.9721.546.473.3 60.8160.02950.09330.2940.9252.878.5422.848.374.7 62.6170.03180.1010.3170.9963.089.1424.150.276.1 64.4180.03430.1080.3421.073.319.7825.552.077.4 66.2190.03690.1170.3681.153.5610.527.053.978.7 68.0200.03970.1250.3961.243.8211.228.455.779.9 69.8210.04270.1350.4251.334.1011.929.957.581.0 71.6220.04590.1450.4571.434.3912.731.559.282.1 73.4230.04930.1560.4911.544.7013.533.060.983.2 75.2240.05300.1670.5271.655.0314.434.662.684.1 77.0250.05690.1800.5661.775.3815.336.364.385.1 78.8260.06100.1930.6071.895.7516.237.965.985.9 80.6270.06540.2070.6512.036.1517.239.667.486.8 82.4280.07010.2210.6972.176.5618.241.268.987.3 84.2290.07520.2370.7472.327.0019.242.970.488.3 86.0300.08050.2540.7992.487.4620.344.671.889.0 The generic approach for estimating NH assumes a default pH of 8 and default temperatures of 68F and 85F for cold water and warm water surface water, respectively. The resulting percent NH is 3.8 percent and 7.2 percent for cold water and warm water, respectively. This default percentage shall be multiplied by the total ammonia-nitrogen (NH -N) concentration in the groundwater and the resulting NH concentration compared to the applicable GSI criterion. As an alternative, the maximum pH and temperature data from the specific receiving surface water can be used to estimate, from the table in this footnote, a lower percent unionized ammonia concentration for comparison to the generic GSI.

Soil: The generic soil GSI protection criteria for unionized ammonia are 580 ug/kg and 1,100 ug/kg for cold water and warm water surface water, respectively.

(DD) Hazardous substance causes developmental effects. Residential direct contact criteria are protective of both prenatal and postnatal exposure. Nonresidential direct contact criteria are protective for a pregnant adult receptor.

(EE) The following are applicable generic GSI criteria as required by Section 20120e of the NREPA.

Hazardous Substance GSI (ug/L)

Notes Phosphorus 1,000 Criteria applicable unless receiving water is a surface water that has a phosphorus waste load allocation or is an inland lake.

In those cases, contact the department for applicable values.

Total dissolved solids (TDS) 5.0E+5 If TDS data are not available, the TDS criterion may be used a screening level for the sum of the concentrations of the following substances: calcium, chlorides, iron, magnesium, potassium, sodium, sulfate.

Dissolved Oxygen (DO):

Cold receiving waters Warm receiving waters  7,000  5,000 Since a low level of DO can be harmful to aquatic life, the criterion represents a minimum level that on-site samples must exceed. This is in contrast to other criteria which represent “not to exceed” concentrations. DO criteria are not applicable if groundwater Carbonaceous Biochemical Oxygen Demand (CBOD) is less than 10,000 ug/L and groundwater ammonia concentration is less than 2,000 ug/L.

(FF) The chloride GSI criterion shall be 125 mg/l when the discharge is to surface waters of the state designated as public water supply sources or 50 mg/l when the discharge is to the Great Lakes or connecting waters. Chloride GSI criteria shall not apply for surface waters of the state that are not designated as a public water supply source, however, the total dissolved solids criterion is applicable.

(GG) Risk-based criteria are not available for methane due to insufficient toxicity data.

An acceptable soil gas concentration (presented for both residential and nonresidential land uses) was derived utilizing 25 percent of the lower explosive level for methane. This equates to 1.25 percent or 8.4E+6 ug/m .

(HH) The residential criterion for sodium is 230,000 ug/l in accordance with the Sodium Advisory Council recommendation and revised Groundwater Discharge Standards.

(II) The residential drinking water criterion for 1,4-dioxane is not calculated using the equations of R 299.10 or the toxicological and chemical-physical data as shown in table 4 of R 299.50. The drinking water criterion is calculated using the United States Environmental Protection Agency’s (U.S. EPA) “Toxicological Review of 1,4-Dioxane,” EPA/635/R-11/003F, September 2013, and the department’s residential exposure algorithms to protect both children and adults from unsafe levels of the chemical. A copy of the U.S. EPA’s “Toxicological Review of 1,4dioxane,” may be obtained on the U.S. EPA website, www.epa.gov, free of charge as of the time of adoption of these rules. A copy of the department’s residential exposure algorithms may be obtained without charge from the DEQ, RRD, 525 West Allegan Street, Lansing, Michigan 48933.

“ID” means insufficient data to develop criterion.

“NA” means a criterion or value is not available or, in the case of background and CAS numbers, not applicable.

“NLL” means hazardous substance is not likely to leach under most soil conditions.

“NLV” means hazardous substance is not likely to volatilize under most conditions.

**History**
- *History: 2013 AACS; 2017 AACS.*

##### **Mich. Admin. Code R 299.50** Toxicological and chemical-physical properties {#sec-r-299.50 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.50}

Rule 50. (1) The toxicological and chemical-physical properties used to calculate generic shall be as shown in table 4, except as provided in section 20120a(9) of the act, R 299.49(1)(l) and R 299.49(1)(o).

(2) Abbreviations used in table 4 have the following meanings when used in this rule:

(a) “NA” means not available.

(b) “NR” means not relevant.

TABLE 4. TOXICOLOGICAL AND CHEMICAL-PHYSICAL DATA FOR PART 201 GENERIC CLEANUP CRITERIA AND SCREENING LEVELS

Scientific notation is represented by E+ or E- a value, for example 200,000 is presented as 2.0E+5. Units are as indicated in each column heading. The dataset for each hazardous substance requires 22 columns across two pages. Review all 22 columns when evaluating data for a specific hazardous substance.

994058 1.30E-01 NA 6.20E+01 NA NA 0.2 1 0.1 1 1.73 28.1

Aniline 62533 NA 1.60E-02 1.00E+00 1.60E-06 NA 0.2 1 0.1 1 0.978 9.15 Anthracene 120127 1.00E+00 NA 1.00E+03 NA NA 0.2 1 0.1 1 4.55 29,700 Antimony 7440360 3.50E-04 NA 2.00E-01 NA NA 0.2 0.5 0.01 1 NR NR Arsenic 7440382 2.70E-04 1.50E+00 NA 4.30E-03 NA 0.2 0.5 0.03 1 NR NR Asbestos (BB) 1332214 NA NA NA 4.60E-02 NA 1 1 0 1 NR NR Atrazine 1912249 3.50E-02 7.40E-02 NA NA NA 0.2 1 0.1 1 2.7 451 Azobenzene 103333 NA 3.70E-02 NA 3.10E-05 NA 0.2 1 0.1 1 3.82 5,690 Barium (B) 7440393 7.00E-02 NA 5.00E+00 NA NA 1 0.5 0.01 1 NR NR TABLE 4. TOXICOLOGICAL AND CHEMICAL-PHYSICAL DATA PART 201 GENERIC CLEANUP CRITERIA AND SCREENING LEVELS Scientific notation is represented by E+ or E- a value, for example 200,000 is presented as 2.0E+5. Units are as indicated in each column heading. The dataset for each hazardous substance consists of 22 columns across two pages. Review all 22 columns when evaluating data for a specific hazardous substance.

Hazardous Substance Chemical Abstract Service Number Soil Koc for Ionizing Organic Compounds at pH=6.8 Soil-Water Distribution Coefficients for Inorganic Compounds at pH=6.8 Henry's Law Constant at 25C Air Diffusivity Water Diffusivity Lower Explosive Limit in AirFlash Point Water Solubility Physical State at Standard Temperature and Pressure Molecular Weight KdHLCD i or D a or D air D w LELFPSMW L/kgL/kgatm-m /molcm /scm /sunitless F ug/Lunitlessg/mol Acenaphthene 83329 NR NR 1.55E-04 0.0421 7.69E-06 NA NA 4,240 Solid 154.2 Acenaphthylene 208968 NR NR 1.48E-03 0.08 8.00E-06 NA NA 3,930 Solid 152.271 Acetaldehyde (I) 75070 NR NR 7.95E-05 0.08 8.00E-06 0.04 -36 1.00E+09 Liquid 44.1 Acetate 71501 NA NA NA NA NA NA NA ID NA NA Acetic acid 64197 NR NR 1.00E-07 0.08 8.00E-06 0.04 103 6.00E+09 Liquid 60.05 Acetone (I) 67641 NR NR 3.88E-05 0.124 1.14E-05 0.025 0 1.00E+09 Liquid 58.08 Acetonitrile 75058 NR NR 2.40E-05 0.13 1.70E-05 0.03 42 2.00E+08 Liquid 41.05 Acetophenone 98862 NR NR 1.10E-05 0.08 8.00E-06 NA NA 6.10E+06 Liquid 120.2 Acrolein (I) 107028 NR NR 9.40E-05 0.11 1.20E-05 0.028 -15 2.10E+08 Liquid 56.06 Acrylamide 79061 NR NR 3.22E-10 0.097 1.10E-04 NA 280 2.20E+09 Solid 71.08 Acrylic acid 79107 NR NR 3.20E-07 0.08 8.00E-06 0.024 121 1.00E+09 Liquid 72.06 Acrylonitrile (I) 107131 NR NR 1.00E-04 0.12 1.30E-05 0.03 30 7.50E+07 Liquid 53.06 Alachlor 15972608 NR NR 8.32E-09 0.08 8.00E-06 NA NA 1.83E+05 Solid 269.77 Aldicarb 116063 NR NR 4.17E-09 0.08 8.00E-06 NA NA 6.00E+06 Solid 190.25 Aldicarb sulfone 1646884 NR NR 3.37E-09 0.08 8.00E-06 NA NA 7.80E+06 Solid 222.27 Aldicarb sulfoxide 1646873 NR NR 9.69E-10 0.08 8.00E-06 NA NA 2.80E+07 Solid 206.27 Aldrin 309002 NR NR 1.70E-04 0.0132 4.86E-06 NA NA 180 Solid 364.9 Aluminum (B) 7429905 NR NA NR NR NR NA NA NA Inorganic 26.982 Ammonia 7664417 NR NR 3.20E-04 0.08 8.00E-06 0.15 NA 5.30E+08 Liquid 17.04 t-Amyl methyl ether (TAME) 994058 NR NR 2.68E-03 0.08 8.00E-06 NA NA 2.64E+06 Liquid 102.18 Aniline 62533 NR NR 2.30E-06 0.07 8.30E-06 0.013 158 3.60E+07 Liquid 93.13 Anthracene 120127 NR NR 6.50E-05 0.0324 7.74E-06 NA NA 43.4 Solid 178.24 Antimony 7440360 NR 45 NR NR NR NA NA NA Inorganic 121.76 Arsenic 7440382 NR 29 NR NR NR NA NA NA Inorganic 74.922 Asbestos (BB) 1332214 NR NA NR NR NR NR NR NA Inorganic NA Atrazine 1912249 NR NR 2.63E-09 0.08 8.00E-06 NA NA 70,000 Solid 215.72 Azobenzene 103333 NR NR 1.35E-05 0.08 8.00E-06 NA NA 6,400 Solid 182.23 Barium (B) 7440393 NR 41 NR NR NR NA NA NA Inorganic 137.327 TABLE 4. TOXICOLOGICAL AND CHEMICAL-PHYSICAL DATA FOR PART 201 GENERIC CLEANUP CRITERIA AND SCREENING LEVELS Scientific notation is represented by E+ or E- a value, for example 200,000 is presented as 2.0E+5. Units are as indicated in each column heading. The dataset for each hazardous substance requires 22 columns across two pages. Review all 22 columns when evaluating data for a specific hazardous substance.

Hazardous Substance Chemical Abstract Service Number Oral Reference Dose Oral Slope Factor Chronic Inhalation Reference Concentration Inhalation Unit Risk Factor Occupational Short Term Exposure Level Relative Source Contribution for Drinking Water Ingestion Absorption Efficiency Dermal Absorption Efficiency Relative Source Contribution for Soil Log Octanol- Water Partition Coefficient Soil Organic Carbon- Water Partition Coefficients for Organic Compounds RfD SF RfC IURF STEL RSC AEi AEd RSC Log Kow Koc mg/kg-day (mg/kg-day) -1 ug/m (ug/m ) -1 ug/m unitless unitless unitless unitless unitless L/kg Benzene (I) 71432 NA 2.90E-02 30 8.30E-06 8.00E+03 0.2 1 0.1 1 2.13 58.2 Benzidine 92875 2.70E-03 2.30E+02 NA 6.70E-02 NA 0.2 1 0.1 1 1.66 42.9 Benzo(a)anthracene (Q) 56553 NA 4.10E-01 NA NA NA 0.2 0.5 0.13 1 5.7 4.01E+05 Benzo(b)fluoranthene (Q) 205992 NA 4.10E-01 NA NA NA 0.2 0.5 0.13 1 6.2 1.24E+06 Benzo(k)fluoranthene (Q) 207089 NA 4.10E-02 NA NA NA 0.2 0.5 0.13 1 6.2 1.24E+06 Benzo(g,h,i)perylene 191242 7.10E-03 NA 1.20E+01 NA NA 0.2 0.5 0.13 1 6.7 3.86E+06 Benzo(a)pyrene (Q) 50328 NA 4.10E+00 NA 2.10E-03 NA 0.2 0.5 0.13 1 6.11 1.01E+06 Benzoic acid 65850 4.40E+00 NA NA NA NA 0.2 1 0.1 1 1.86 0.6 Benzyl alcohol 100516 1.40E+00 NA 5.00E+03 NA NA 0.2 1 0.1 1 1.11 12.3 Benzyl chloride 100447 NA 1.10E-01 NA 5.00E-05 NA 0.2 1 0.1 1 2.3 182 Beryllium 7440417 1.50E-03 NA 2.00E-02 2.40E-03 1.00E+01 0.2 1 0 1 NR NR bis(2-Chloroethoxy)ethane 112265 NA NA NA NA NA 0.2 1 0.1 1 1.28 18.1 bis(2-Chloroethyl)ether (I) 111444 NA 4.20E-01 NA 3.30E-04 5.80E+04 0.2 1 0.1 1 1.21 10.9 bis(2-Ethylhexyl)phthalate 117817 1.90E-02 3.20E-03 NA 4.43E-06 1.00E+04 0.2 0.5 0.1 1 7.3 1.50E+07 Boron (B) 7440428 3.20E-01 NA NA NA NA 0.2 0.5 0.01 1 NR NR Bromate 15541454 4.00E-03 7.00E-01 NA NA NA 0.2 0.5 0.01 1 0.63 NR Bromobenzene (I) 108861 2.40E-03 NA 8.00E+00 NA NA 0.2 1 0.1 1 2.99 870 Bromodichloromethane 75274 1.80E-02 5.00E-02 NA 3.70E-05 NA 0.2 1 0.1 1 2.1 55.1 Bromoform 75252 1.80E-02 6.40E-03 NA 1.10E-06 NA 0.2 1 0.1 1 2.35 87 Bromomethane 74839 1.40E-03 NA 5.00E+00 NA NA 0.2 1 0.1 1 1.18 14.5 n-Butanol (I) 71363 1.30E-01 NA 3.50E+02 NA 1.52E+05 0.2 1 0.1 1 0.851 5.65 2-Butanone (MEK) (I) 78933 1.80E+00 NA 1.00E+03 NA 8.85E+05 0.2 1 0.1 1 0.279 1.99 n-Butyl acetate 123864 7.60E-02 NA 7.10E+03 NA 9.50E+05 0.2 1 0.1 1 1.78 30.8 t-Butyl alcohol 75650 5.40E-01 NA 1.89E+03 NA NA 0.2 1 0.1 1 0.35 2.27 Butyl benzyl phthalate 85687 1.60E-01 NA 7.00E+02 NA NA 0.2 1 0.1 1 4.84 57,300 n-Butylbenzene 104518 1.10E-02 NA 30 NA NA 0.2 1 0.1 1 4.38 20,200 sec-Butylbenzene 135988 1.10E-02 NA 6.00E+00 NA NA 0.2 1 0.1 1 4.57 31,100 t-Butylbenzene (I) 98066 1.10E-02 NA 10 NA NA 0.2 1 0.1 1 4.11 11,000 TABLE 4. TOXICOLOGICAL AND CHEMICAL-PHYSICAL DATA PART 201 GENERIC CLEANUP CRITERIA AND SCREENING LEVELS Scientific notation is represented by E+ or E- a value, for example 200,000 is presented as 2.0E+5. Units are as indicated in each column heading. The dataset for each hazardous substance consists of 22 columns across two pages. Review all 22 columns when evaluating data for a specific hazardous substance.

Hazardous Substance Chemical Abstract Service Number Soil Koc for Ionizing Organic Compounds at pH=6.8 Soil-Water Distribution Coefficients for Inorganic Compounds at pH=6.8 Henry's Law Constant at 25C Air Diffusivity Water Diffusivity Lower Explosive Limit in AirFlash Point Water Solubility Physical State at Standard Temperature and Pressure Molecular Weight KdHLCD i or D a or D air D w LELFPSMW L/kgL/kgatm-m /molcm /scm /sunitless F ug/Lunitlessg/mol Benzene (I) 71432 NR NR 5.55E-03 0.088 9.80E-06 0.012 12 1.75E+06 Liquid 78.11 Benzidine 92875 NR NR 3.90E-11 0.08 1.50E-05 NA NA 5.20E+05 Solid 184.24 Benzo(a)anthracene (Q) 56553 NR NR 3.35E-06 0.051 9.00E-06 NA NA 9.4 Solid 228.3 Benzo(b)fluoranthene (Q) 205992 NR NR 1.11E-04 0.0226 5.56E-06 NA NA 1.5 Solid 252.32 Benzo(k)fluoranthene (Q) 207089 NR NR 8.29E-07 0.0226 5.56E-06 NA NA 0.8 Solid 252.32 Benzo(g,h,i)perylene 191242 NR NR 5.34E-08 0.08 8.00E-06 NA NA 0.26 Solid 276.34 Benzo(a)pyrene (Q) 50328 NR NR 1.13E-06 0.043 9.00E-06 NA NA 1.62 Solid 252.32 Benzoic acid 65850 0.6 NR 1.54E-06 0.0536 7.97E-06 NA NA 3.50E+06 Solid 122.1 Benzyl alcohol 100516 NR NR 3.90E-07 0.08 8.00E-06 NA NA 4.40E+07 Liquid 108.13 Benzyl chloride 100447 NR NR 4.00E-04 0.075 7.80E-06 0.011 153 4.90E+05 Liquid 126.58 Beryllium 7440417 NR 790 NR NR NR NA NA NA Inorganic 9.012 bis(2-Chloroethoxy)ethane 112265 NR NR 7.81E-07 0.08 8.00E-06 NA NA 1.89E+07 Liquid 187.07 bis(2-Chloroethyl)ether (I) 111444 NR NR 1.80E-05 0.0692 7.53E-06 0.027 131 1.72E+07 Liquid 143.01 bis(2-Ethylhexyl)phthalate 117817 NR NR 1.02E-07 0.0351 3.66E-06 NA 420 340 Liquid 390.57 Boron (B) 7440428 NR NA NR NR NR NA NA NA Inorganic 10.811 Bromate 15541454 NR NA 1.00E+00 NR NR NA NA 38,000 Solid 79.9 Bromobenzene (I) 108861 NR NR 4.74E-04 0.08 8.00E-06 NA NA 4.13E+05 Liquid 157.015 Bromodichloromethane 75274 NR NR 1.60E-03 0.0298 1.06E-05 NA NA 6.74E+06 Liquid 163.8 Bromoform 75252 NR NR 5.35E-04 0.0149 1.03E-05 NA NA 3.10E+06 Liquid 252.8 Bromomethane 74839 NR NR 1.42E-02 0.08 8.00E-06 0.1 NA 1.45E+07 Liquid 94.94 n-Butanol (I) 71363 NR NR 8.81E-06 0.08 9.60E-06 0.014 84 7.40E+07 Liquid 74.14 2-Butanone (MEK) (I) 78933 NR NR 3.60E-05 0.081 9.80E-06 NA 16 2.40E+08 Liquid 72.1 n-Butyl acetate 123864 NR NR 3.20E-04 0.08 8.00E-06 0.017 72 6.70E+06 Liquid 116.16 t-Butyl alcohol 75650 NR NR 1.17E-05 0.08 8.00E-06 0.024 52 1.00E+09 Liquid 74.12 Butyl benzyl phthalate 85687 NR NR 1.26E-06 0.0174 4.83E-06 NA NA 2,690 Liquid 312.37 n-Butylbenzene 104518 NR NR NA 0.08 8.00E-06 NA NA NA Liquid 134.22 sec-Butylbenzene 135988 NR NR NA 0.08 8.00E-06 NA NA NA Liquid 134.22 t-Butylbenzene (I) 98066 NR NR NA 0.08 8.00E-06 NA NA NA Liquid 134.22 TABLE 4. TOXICOLOGICAL AND CHEMICAL-PHYSICAL DATA FOR PART 201 GENERIC CLEANUP CRITERIA AND SCREENING LEVELS Scientific notation is represented by E+ or E- a value, for example 200,000 is presented as 2.0E+5. Units are as indicated in each column heading. The dataset for each hazardous substance requires 22 columns across two pages. Review all 22 columns when evaluating data for a specific hazardous substance.

Hazardous Substance Chemical Abstract Service Number Oral Reference Dose Oral Slope Factor Chronic Inhalation Reference Concentration Inhalation Unit Risk Factor Occupational Short Term Exposure Level Relative Source Contribution for Drinking Water Ingestion Absorption Efficiency Dermal Absorption Efficiency Relative Source Contribution for Soil Log Octanol- Water Partition Coefficient Soil Organic Carbon- Water Partition Coefficients for Organic Compounds RfD SF RfC IURF STEL RSC AEi AEd RSC Log Kow Koc mg/kg-day (mg/kg-day) -1 ug/m (ug/m ) -1 ug/m unitless unitless unitless unitless unitless L/kg Cadmium (B) 7440439 1.00E-03 NA NA 1.80E-03 NA 0.2 0.5 0.001 1 NR NR Camphene (I) 79925 NA NA 80 NA NA 0.2 1 0.1 1 3.53 2,950 Caprolactam 105602 8.00E-01 NA 1.00E+01 NA 4.60E+04 0.2 1 0.1 1 -0.19 0.65 Carbaryl 63252 9.60E-02 NA NA NA NA 0.2 1 0.1 1 2.4 229 Carbazole 86748 NA 1.00E-02 NA 5.00E-05 NA 0.2 1 0.1 1 3.59 3,380 Carbofuran 1563662 5.00E-03 NA NA NA NA 0.2 1 0.1 1 1.6 37.4 Carbon disulfide (I,R) 75150 1.10E-01 NA 7.00E+02 NA NA 0.2 1 0.1 1 2 45.9 Carbon tetrachloride 56235 7.10E-04 5.50E-02 100 2.36E-05 6.30E+04 0.2 1 0.1 1 2.73 174 Chlordane (J) 57749 1.50E-03 3.50E-01 7.00E-01 1.00E-04 NA 0.2 0.5 0.04 1 6.32 1.21E+05 Chloride 16887006 NA NA NA NA NA 0.2 0.5 0.01 1 NR NR Chlorobenzene (I) 108907 1.90E-02 NA 7.00E+01 NA NA 0.2 1 0.1 1 2.86 220 p-Chlorobenzene sulfonic acid 98668 1.00E+00 NA NA NA NA 0.2 1 0.1 1 -0.52 4.64E-01 1-Chloro-1,1-difluoroethane 75683 2.10E+00 NA 5.00E+04 NA NA 0.2 1 0.1 1 1.81 32.5 Chloroethane 75003 1.80E+01 2.00E-03 1.00E+04 NA NA 0.2 1 0.1 1 1.4 23.8 2-Chloroethyl vinyl ether 110758 NA NA NA NA NA 0.2 1 0.1 1 1.07 8.43 Chloroform 67663 1.30E-02 4.40E-03 NA 2.40E-06 NA 0.2 1 0.1 1 1.92 39.7 Chloromethane (I) 74873 NA 3.30E-03 9.00E+01 6.39E-07 2.07E+05 0.2 1 0.1 1 0.91 6.3 4-Chloro-3-methylphenol 59507 2.00E-02 NA NA NA NA 0.2 1 0.1 1 3.1 1,120 beta-Chloronaphthalene 91587 2.50E-01 NA NA NA NA 0.2 1 0.1 1 4.1 10,700 2-Chlorophenol 95578 6.20E-03 NA 1.80E+01 NA NA 0.2 1 0.1 1 2.15 388 o-Chlorotoluene (I) 95498 2.00E-02 NA 7.00E+01 NA NA 0.2 1 0.1 1 3.42 612 Chlorpyrifos 2921882 3.00E-02 NA 2.00E+00 NA NA 0.2 0.5 0.1 1 5.3 18,900 Chromium (III) (B,H) 16065831 1.50E+00 NA 5.00E+00 NA NA 0.7 0.5 0.01 1 NR NR Chromium (VI) 18540299 4.80E-03 NA 8.00E-03 1.20E-02 NA 0.7 0.5 0.01 1 NR NR Chrysene (Q) 218019 NA 4.10E-03 NA NA NA 0.2 0.5 0.13 1 5.7 4.01E+05 Cobalt 7440484 5.00E-03 NA 2.00E-01 NA NA 0.2 0.5 0.01 1 NR NR Copper (B) 7440508 3.80E-02 NA 2.00E+00 NA NA 1 0.5 0.01 1 NR NR Cyanazine 21725462 3.00E-03 3.70E-01 NA NA NA 0.2 1 0.1 1 2.2 146 TABLE 4. TOXICOLOGICAL AND CHEMICAL-PHYSICAL DATA PART 201 GENERIC CLEANUP CRITERIA AND SCREENING LEVELS Scientific notation is represented by E+ or E- a value, for example 200,000 is presented as 2.0E+5. Units are as indicated in each column heading. The dataset for each hazardous substance consists of 22 columns across two pages. Review all 22 columns when evaluating data for a specific hazardous substance.

Hazardous Substance Chemical Abstract Service Number Soil Koc for Ionizing Organic Compounds at pH=6.8 Soil-Water Distribution Coefficients for Inorganic Compounds at pH=6.8 Henry's Law Constant at 25C Air Diffusivity Water Diffusivity Lower Explosive Limit in AirFlash Point Water Solubility Physical State at Standard Temperature and Pressure Molecular Weight KdHLCD i or D a or D air D w LELFPSMW L/kgL/kgatm-m /molcm /scm /sunitless F ug/Lunitlessg/mol Cadmium (B) 7440439 NR 75 NR NR NR NA NA NA Inorganic 112.411 Camphene (I) 79925 NR NR 2.05E+00 0.08 8.00E-06 NA NA 33,400 Solid 136.26 Caprolactam 105602 NR NR 2.53E-08 0.08 8.00E-06 0.014 282 5.25E+09 Solid 113.2 Carbaryl 63252 NR NR 6.80E-04 0.08 8.00E-06 NA NA 1.26E+05 Solid 201.24 Carbazole 86748 NR NR 1.53E-08 0.039 7.03E-06 NA NA 7,480 Solid 167.21 Carbofuran 1563662 NR NR 3.90E-10 0.08 8.00E-06 NA NA 7.00E+05 Solid 221.3 Carbon disulfide (I,R) 75150 NR NR 3.03E-02 0.104 1.00E-05 0.013 -22 1.19E+06 Liquid 76.14 Carbon tetrachloride 56235 NR NR 3.04E-02 0.078 8.80E-06 NA NA 7.93E+05 Liquid 153.92 Chlordane (J) 57749 NR NR 4.86E-05 0.0118 4.37E-06 NA NA 56 Solid 409.8 Chloride 16887006 NR NA NR NR NR NA NA NA Inorganic 35.453 Chlorobenzene (I) 108907 NR NR 3.70E-03 0.073 8.70E-06 0.013 82 4.72E+05 Liquid 112.56 p-Chlorobenzene sulfonic acid 98668 NR NR NA NA NA NA 226 NA Solid 192.62 1-Chloro-1,1-difluoroethane 75683 NR NR 6.16E-02 0.08 8.00E-06 0.06 NA 3.90E+06 Gas 100.5 Chloroethane 75003 NR NR 8.80E-03 0.08 8.00E-06 0.038 -58 5.74E+06 Liquid 64.52 2-Chloroethyl vinyl ether 110758 NR NR 6.25E-04 0.08 8.00E-06 NA NA 1.50E+07 Liquid 106.55 Chloroform 67663 NR NR 3.67E-03 0.104 1.00E-05 NA NA 7.92E+06 Liquid 119.38 Chloromethane (I) 74873 NR NR 4.52E-02 0.13 6.50E-06 0.081 -60.8 6.34E+06 Liquid 50.49 4-Chloro-3-methylphenol 59507 NR NR 4.00E-07 0.08 8.00E-06 NA NA 3.90E+06 Solid 142.6 beta-Chloronaphthalene 91587 NR NR 3.10E-04 0.08 8.00E-06 NA NA 6,740 Solid 162.62 2-Chlorophenol 95578 388 NR 3.91E-04 0.0501 9.46E-06 NA NA 2.20E+07 Liquid 128.56 o-Chlorotoluene (I) 95498 NR NR 3.57E-03 0.08 8.00E-06 NA 96 3.73E+05 Liquid 126.58 Chlorpyrifos 2921882 NR NR 7.80E+00 0.08 8.00E-06 NA NA 1,120 Solid 350.59 Chromium (III) (B,H) 16065831 NR 1.80E+06 NR NR NR NA NA NA Inorganic 51.996 Chromium (VI) 18540299 NR 19 NR NR NR NA NA NA Inorganic 51.996 Chrysene (Q) 218019 NR NR 9.46E-05 0.0248 6.21E-06 NA NA 1.6 Solid 228.3 Cobalt 7440484 NR NA NR NR NR NA NA NA Inorganic 58.933 Copper (B) 7440508 NR 360 NR NR NR NA NA NA Inorganic 63.546 Cyanazine 21725462 NR NR 1.00E-10 0.08 8.00E-06 NA NA 1.70E+05 Solid 241 TABLE 4. TOXICOLOGICAL AND CHEMICAL-PHYSICAL DATA FOR PART 201 GENERIC CLEANUP CRITERIA AND SCREENING LEVELS Scientific notation is represented by E+ or E- a value, for example 200,000 is presented as 2.0E+5. Units are as indicated in each column heading. The dataset for each hazardous substance requires 22 columns across two pages. Review all 22 columns when evaluating data for a specific hazardous substance.

Hazardous Substance Chemical Abstract Service Number Oral Reference Dose Oral Slope Factor Chronic Inhalation Reference Concentration Inhalation Unit Risk Factor Occupational Short Term Exposure Level Relative Source Contribution for Drinking Water Ingestion Absorption Efficiency Dermal Absorption Efficiency Relative Source Contribution for Soil Log Octanol- Water Partition Coefficient Soil Organic Carbon-Water Partition Coefficients for Organic Compounds RfD SF RfC IURF STEL RSC AEi AEd RSC Log Kow Koc mg/kg-day (mg/kg-day) -1 ug/m (ug/m ) -1 ug/m unitless unitless unitless unitless unitless L/kg Cyanide (P,R) 57125 5.40E-03 NA 5.00E+01 NA NA 0.2 1 0 1 NA NA Cyclohexanone 108941 4.50E+00 NA 1.00E+03 NA NA 0.2 1 0.1 1 0.81 6.26 Dacthal 1861321 1.00E-02 NA NA NA NA 0.2 1 0.1 1 4.4 21,200 Dalapon 75990 8.50E-02 NA NA NA NA 0.2 1 0.1 1 0.77 5.72 4-4'-DDD 72548 3.00E-03 9.40E-02 NA 7.00E-05 NA 0.2 0.5 0.1 1 6.1 81,100 4-4'-DDE 72559 7.00E-04 2.00E-01 NA 9.70E-05 NA 0.2 0.5 0.1 1 6.76 2.70E+05 4-4'-DDT 50293 5.00E-04 2.00E-01 NA 9.70E-05 NA 0.2 0.5 0.03 1 6.53 1.78E+05 Decabromodiphenyl ether 1163195 1.00E-02 NA 3.50E+01 4.00E-07 NA 0.2 0.5 0.1 1 5.24 1.42E+05 Di-n-butyl phthalate 84742 1.20E-01 NA 5.00E+01 NA NA 0.2 1 0.1 1 4.61 34,000 Di(2-ethylhexyl) adipate 103231 1.70E+00 5.90E-04 NA 3.40E-07 NA 0.2 0.5 0.1 1 6.11 1.01E+06 Di-n-octyl phthalate 117840 1.80E-02 NA 4.70E+02 NA NA 0.2 0.5 0.1 1 7.51 2.41E+07 Diacetone alcohol (I) 123422 NA NA 2.40E+03 NA NA 0.2 1 0.1 1 -0.34 0.464 Diazinon 333415 1.80E-04 NA NA NA NA 0.2 1 0.1 1 3.4 2,200 Dibenzo(a,h)anthracene (Q) 53703 NA 4.10E+00 NA NA NA 0.2 0.5 0.13 1 6.69 3.77E+06 Dibenzofuran 132649 NA NA 1.00E-01 NA NA 0.2 1 0.1 1 4.2 13,500 Dibromochloromethane 124481 2.10E-02 4.90E-02 NA 2.45E-05 NA 0.2 1 0.1 1 2.17 62.6 Dibromochloropropane 96128 NA 1.20E+00 2.00E-01 5.60E-03 NA 0.2 1 0.1 1 2.68 431 Dibromomethane 74953 1.10E-02 NA NA NA NA 0.2 1 0.1 1 1.62 39.2 Dicamba 1918009 3.00E-02 NA NA NA NA 0.2 0.5 0.1 1 2.4 95.3 1,2-Dichlorobenzene 95501 8.60E-02 NA 1.50E+03 NA 3.01E+05 0.2 1 0.1 1 3.43 623 1,3-Dichlorobenzene 541731 9.00E-04 NA 3.00E+00 NA NA 0.2 1 0.1 1 3.5 708 1,4-Dichlorobenzene 106467 NA 1.30E-02 8.00E+02 6.90E-06 NA 0.2 1 0.1 1 3.42 612 3,3'-Dichlorobenzidine 91941 NA 8.00E-01 NA 4.80E-04 NA 0.2 1 0.1 1 3.51 721 Dichlorodifluoromethane 75718 2.30E-01 NA 4.95E+04 NA NA 0.2 1 0.1 1 2.15 60.4 1,1-Dichloroethane 75343 1.20E-01 NA 5.00E+02 NA NA 0.2 1 0.1 1 1.79 31.3 1,2-Dichloroethane (I) 107062 NA 5.80E-02 NA 2.60E-05 NA 0.2 1 0.1 1 1.47 17.5 1,1-Dichloroethylene (I) 75354 9.00E-04 NA 2.00E+02 5.00E-05 7.90E+04 0.2 1 0.1 1 2.13 58.2 cis-1,2-Dichloroethylene 156592 1.10E-02 NA 3.40E+01 NA NA 0.2 1 0.1 1 1.86 35.6 TABLE 4. TOXICOLOGICAL AND CHEMICAL-PHYSICAL DATA PART 201 GENERIC CLEANUP CRITERIA AND SCREENING LEVELS Scientific notation is represented by E+ or E- a value, for example 200,000 is presented as 2.0E+5. Units are as indicated in each column heading. The dataset for each hazardous substance consists of 22 columns across two pages. Review all 22 columns when evaluating data for a specific hazardous substance.

Hazardous Substance Chemical Abstract Service Number Soil Koc for Ionizing Organic Compounds at pH=6.8 Soil-Water Distribution Coefficients for Inorganic Compounds at pH=6.8 Henry's Law Constant at 25C Air Diffusivity Water Diffusivity Lower Explosive Limit in AirFlash Point Water Solubility Physical State at Standard Temperature and Pressure Molecular Weight KdHLCD i or D a or D air D w LELFPSMW L/kgL/kgatm-m /molcm /scm /sunitless F ug/Lunitlessg/mol Cyanide (P,R) 57125 NR NR NR 0.08 8.00E-06 NA NA NA Inorganic 26.02 Cyclohexanone 108941 NR NR 7.80E+00 0.08 8.00E-06 NA 146 2.30E+07 Liquid 98.14 Dacthal 1861321 NR NR 2.18E-06 0.08 8.00E-06 NA NA 500 Solid 331 Dalapon 75990 NR NR 6.43E-08 0.08 8.00E-06 NA NA 5.02E+08 Liquid 142.97 4-4'-DDD 72548 NR NR 4.00E-06 0.0169 4.76E-06 NA NA 90 Solid 320.05 4-4'-DDE 72559 NR NR 2.10E-05 0.0144 5.87E-06 NA NA 120 Solid 518.03 4-4'-DDT 50293 NR NR 8.10E-06 0.0137 4.95E-06 NA 162 25 Solid 354.49 Decabromodiphenyl ether 1163195 NR NR 4.02E-05 0.08 8.00E-06 NA NA 30 Solid 959.22 Di-n-butyl phthalate 84742 NR NR 9.38E-10 0.0438 7.86E-06 NA 315 11,200 Liquid 278.34 Di(2-ethylhexyl) adipate 103231 NR NR 4.34E-07 0.08 8.00E-06 NA NA 471 Liquid 370 Di-n-octyl phthalate 117840 NR NR 7.66E-07 0.0151 3.58E-06 NA NA 3,000 Liquid 390.62 Diacetone alcohol (I) 123422 NR NR 2.61E-07 0.08 8.00E-06 0.018 125 1.00E+09 Liquid 116.2 Diazinon 333415 NR NR 1.13E-07 0.08 8.00E-06 NA 180 68,800 Liquid 304.3 Dibenzo(a,h)anthracene (Q) 53703 NR NR 1.47E-08 0.0202 5.18E-06 NA NA 2.49 Solid 278.36 Dibenzofuran 132649 NR NR 1.30E-05 0.08 8.00E-06 NA NA 10,000 Solid 168.21 Dibromochloromethane 124481 NR NR 7.83E-04 0.0229 1.05E-05 NA NA 2.60E+06 Liquid 208.29 Dibromochloropropane 96128 NR NR 1.90E-04 0.08 8.00E-06 NA 170 1,230 Liquid 236.34 Dibromomethane 74953 NR NR 9.00E-04 0.08 8.60E-06 NA NA 1.10E+07 Liquid 173.85 Dicamba 1918009 NR NR 7.90E-09 0.08 8.00E-06 NA NA 4.50E+06 Solid 221.04 1,2-Dichlorobenzene 95501 NR NR 1.90E-03 0.069 7.90E-06 0.022 151 1.56E+05 Liquid 147.01 1,3-Dichlorobenzene 541731 NR NR 1.80E-03 0.08 8.00E-06 NA NA 1.11E+05 Liquid 147.01 1,4-Dichlorobenzene 106467 NR NR 2.43E-03 0.069 7.90E-06 0.025 150 73,800 Solid 147 3,3'-Dichlorobenzidine 91941 NR NR 4.00E-09 0.0194 6.74E-06 NA NA 3,110 Solid 253.1 Dichlorodifluoromethane 75718 NR NR 2.60E+00 0.08 8.00E-06 NA NA 3.00E+05 Liquid 120.91 1,1-Dichloroethane 75343 NR NR 5.62E-03 0.0742 1.05E-05 0.054 2 5.06E+06 Liquid 98.96 1,2-Dichloroethane (I) 107062 NR NR 9.79E-04 0.104 9.90E-06 0.062 56 8.52E+06 Liquid 98.97 1,1-Dichloroethylene (I) 75354 NR NR 2.61E-02 0.09 1.04E-05 0.065 -2 2.25E+06 Liquid 96.94 cis-1,2-Dichloroethylene 156592 NR NR 4.08E-03 0.0736 1.13E-05 0.056 36 3.50E+06 Liquid 96.94 TABLE 4. TOXICOLOGICAL AND CHEMICAL-PHYSICAL DATA FOR PART 201 GENERIC CLEANUP CRITERIA AND SCREENING LEVELS Scientific notation is represented by E+ or E- a value, for example 200,000 is presented as 2.0E+5. Units are as indicated in each column heading. The dataset for each hazardous substance requires 22 columns across two pages. Review all 22 columns when evaluating data for a specific hazardous substance.

Hazardous Substance Chemical Abstract Service Number Oral Reference Dose Oral Slope Factor Chronic Inhalation Reference Concentration Inhalation Unit Risk Factor Occupational Short Term Exposure Level Relative Source Contribution for Drinking Water Ingestion Absorption Efficiency Dermal Absorption Efficiency Relative Source Contribution for Soil Log Octanol- Water Partition Coefficient Soil Organic Carbon-Water Partition Coefficients for Organic Compounds RfD SF RfC IURF STEL RSC AEi AEd RSC Log Kow Koc mg/kg-day (mg/kg-day) -1 ug/m (ug/m ) -1 ug/m unitless unitless unitless unitless unitless L/kg trans-1,2-Dichloroethylene 156605 1.70E-02 NA 7.00E+01 NA NA 0.2 1 0.1 1 2.07 52.2 2,6-Dichloro-4-nitroaniline 99309 3.00E-01 NA NA NA NA 0.2 1 0.1 1 2.76 517 2,4-Dichlorophenol 120832 1.00E-02 NA 7.70E+01 NA NA 0.2 1 0.1 1 3.08 147 2,4-Dichlorophenoxyacetic acid 94757 1.00E-02 NA 1.00E+02 NA NA 0.2 1 0.05 1 2.7 451 1,2-Dichloropropane (I) 78875 4.40E-01 3.70E-02 4.00E+00 NA 5.08E+05 0.2 1 0.1 1 1.97 43.5 1,3-Dichloropropene 542756 3.40E-02 1.00E-01 2.00E+01 4.00E-06 NA 0.2 1 0.1 1 2 45.9 Dichlorovos 62737 4.00E-04 5.20E-01 5.00E-01 NA NA 0.2 1 0.1 1 1.4 15.4 Dicyclohexyl phthalate 84617 NA NA NA NA NA 0.2 0.5 0.1 1 6.2 1.24E+06 Dieldrin 60571 7.60E-05 8.00E+00 NA 4.60E-03 NA 0.2 0.5 0.1 1 5.37 21,400 Diethyl ether 60297 5.00E-01 NA 1.20E+04 NA 1.52E+06 0.2 1 0.1 1 0.83 6.55 Diethyl phthalate 84662 7.50E-01 NA 5.00E+01 NA NA 0.2 1 0.1 1 2.5 287 Diethylene glycol monobutyl ether 112345 1.20E-02 NA 2.00E+01 NA NA 0.2 1 0.1 1 0.32 2.06 Diisopropyl ether 108203 4.10E-03 NA 3.58E+02 NA NA 0.2 1 0.1 1 1.67 25.2 Diisopropylamine (I) 108189 7.70E-04 NA 2.00E+02 NA NA 0.2 1 0.1 1 1.6 37.4 Dimethyl phthalate 131113 1.00E+01 NA 5.00E+01 NA NA 0.2 1 0.1 1 1.64 41 N,N-Dimethylacetamide 127195 2.50E-02 NA NA NA NA 0.2 1 0.1 1 -0.77 0.175 N,N-Dimethylaniline 121697 2.20E-03 NA NA 1.18E-05 5.00E+04 0.2 1 0.1 1 2.46 262 Dimethylformamide (I) 68122 9.60E-02 NA 3.00E+01 NA NA 0.2 1 0.1 1 -1.01 0.102 2,4-Dimethylphenol 105679 5.00E-02 NA 7.00E+01 NA NA 0.2 1 0.1 1 2.36 209 2,6-Dimethylphenol 576261 6.00E-04 NA 2.00E+00 NA NA 0.2 1 0.1 1 2.36 209 3,4-Dimethylphenol 95658 1.40E-03 NA 3.50E+00 NA NA 0.2 1 0.1 1 2.23 156 Dimethylsulfoxide 67685 3.00E+01 NA 2.00E+01 NA NA 0.2 1 0.1 1 -1.66 0.0234 2,4-Dinitrotoluene 121142 2.00E-03 1.10E-01 2.00E+00 2.00E-04 NA 0.2 1 0.1 1 2.01 94.6 Dinoseb 88857 1.00E-03 NA 4.00E+00 NA NA 0.2 1 0.1 1 3.15 1,250 1,4-Dioxane (I) 123911 NA 1.00E-02 100 5.50E-06 NA 0.2 1 0.1 1 -0.39 0.588 Diquat 85007 2.20E-03 NA NA NA NA 0.2 1 0.1 1 -2.82 0.00169 Dissolved oxygen (DO) NA NA NA NA NA NA NA NA NA NA NA NA Diuron 330541 4.30E-03 NA 7.00E+00 NA NA 0.2 1 0.1 1 2.77 187 TABLE 4. TOXICOLOGICAL AND CHEMICAL-PHYSICAL DATA PART 201 GENERIC CLEANUP CRITERIA AND SCREENING LEVELS Scientific notation is represented by E+ or E- a value, for example 200,000 is presented as 2.0E+5. Units are as indicated in each column heading. The dataset for each hazardous substance consists of 22 columns across two pages. Review all 22 columns when evaluating data for a specific hazardous substance.

Hazardous Substance Chemical Abstract Service Number Soil Koc for Ionizing Organic Compounds at pH=6.8 Soil-Water Distribution Coefficients for Inorganic Compounds at pH=6.8 Henry's Law Constant at 25C Air Diffusivity Water Diffusivity Lower Explosive Limit in AirFlash Point Water Solubility Physical State at Standard Temperature and Pressure Molecular Weight KdHLCD i or D a or D air D w LELFPSMW L/kgL/kgatm-m /molcm /scm /sunitless F ug/Lunitlessg/mol trans-1,2-Dichloroethylene 156605 NR NR 9.38E-03 0.0707 1.19E-05 0.056 36 6.30E+06 Liquid 96.94 2,6-Dichloro-4-nitroaniline 99309 NR NR 4.67E-08 0.08 8.00E-06 NA NA 7,000 Solid 207.02 2,4-Dichlorophenol 120832 147 NR 3.16E-06 0.0346 8.77E-06 NA NA 4.50E+06 Liquid 163 2,4-Dichlorophenoxyacetic acid 94757 NR NR 4.50E-06 0.059 6.50E-06 NA NA 6.80E+05 Solid 221.04 1,2-Dichloropropane (I) 78875 NR NR 2.80E-03 0.0782 8.73E-06 0.034 60 2.80E+06 Liquid 112.99 1,3-Dichloropropene 542756 NR NR 1.77E-02 0.0626 1.00E-05 0.053 77 2.80E+06 Liquid 110.97 Dichlorovos 62737 NR NR 9.58E-07 0.08 8.00E-06 NA 175 1.60E+07 Liquid 220.98 Dicyclohexyl phthalate 84617 NR NR 7.61E-05 0.08 8.00E-06 NA NA 4,000 Solid 330.43 Dieldrin 60571 NR NR 1.51E-05 0.0125 4.74E-06 NA NA 195 Solid 380.9 Diethyl ether 60297 NR NR 8.70E-04 0.074 9.30E-06 0.019 -49 6.10E+07 Liquid 74.12 Diethyl phthalate 84662 NR NR 4.50E-07 0.0256 6.35E-06 NA 322 1.08E+06 Liquid 222.23 Diethylene glycol monobutyl ether 112345 NR NR 1.52E-09 0.08 8.00E-06 NA NA 1.00E+09 Liquid 162.23 Diisopropyl ether 108203 NR NR 1.30E-03 0.08 8.00E-06 0.014 -18 8,041 Liquid 102.18 Diisopropylamine (I) 108189 NR NR 9.60E-05 0.08 8.00E-06 0.011 20 3.69E+07 Liquid 101.22 Dimethyl phthalate 131113 NR NR 5.78E-07 0.067 6.30E-06 NA 295 4.19E+06 Liquid 194.19 N,N-Dimethylacetamide 127195 NR NR 1.31E-08 0.08 8.00E-06 NA 158 1.00E+09 Liquid 87.14 N,N-Dimethylaniline 121697 NR NR 8.12E-05 0.08 8.00E-06 NA 142 1.27E+06 Liquid 121.18 Dimethylformamide (I) 68122 NR NR 7.39E-08 0.08 8.00E-06 NA 136 1.00E+09 Liquid 73.1 2,4-Dimethylphenol 105679 NR NR 2.00E-06 0.0584 8.69E-06 NA NA 7.87E+06 Solid 122.16 2,6-Dimethylphenol 576261 NR NR 5.02E-06 0.08 8.00E-06 NA NA 6.14E+06 Solid 122.16 3,4-Dimethylphenol 95658 NR NR 3.78E-07 0.08 8.00E-06 NA NA 4.93E+06 Solid 122.16 Dimethylsulfoxide 67685 NR NR 5.80E-08 0.08 8.00E-06 NA NA 1.66E+08 Liquid 78.14 2,4-Dinitrotoluene 121142 NR NR 9.26E-08 0.203 7.06E-06 NA NA 2.70E+05 Solid 183.15 Dinoseb 88857 NR NR 4.60E-07 0.08 8.00E-06 NA NA 52,000 Liquid 240.2 1,4-Dioxane (I) 123911 NR NR 4.90E-06 0.23 1.00E-05 0.02 55 9.00E+08 Liquid 88.11 Diquat 85007 NR NR 1.42E-13 0.08 8.00E-06 NA NA 7.00E+05 Solid 344.08 Dissolved oxygen (DO) NA NR NA NR NA NA NA NA NA NA NA Diuron 330541 NR NR 2.70E-06 0.08 8.00E-06 NA NA 37,300 Solid 233.1 TABLE 4. TOXICOLOGICAL AND CHEMICAL-PHYSICAL DATA FOR PART 201 GENERIC CLEANUP CRITERIA AND SCREENING LEVELS Scientific notation is represented by E+ or E- a value, for example 200,000 is presented as 2.0E+5. Units are as indicated in each column heading. The dataset for each hazardous substance requires 22 columns across two pages. Review all 22 columns when evaluating data for a specific hazardous substance.

Hazardous Substance Chemical Abstract Service Number Oral Reference Dose Oral Slope Factor Chronic Inhalation Reference Concentration Inhalation Unit Risk Factor Occupational Short Term Exposure Level Relative Source Contribution for Drinking Water Ingestion Absorption Efficiency Dermal Absorption Efficiency Relative Source Contribution for Soil Log Octanol- Water Partition Coefficient Soil Organic Carbon-Water Partition Coefficients for Organic Compounds RfD SF RfC IURF STEL RSC AEi AEd RSC Log Kow Koc mg/kg-day (mg/kg-day) -1 ug/m (ug/m ) -1 ug/m unitless unitless unitless unitless unitless L/kg Endosulfan (J) 115297 6.00E-03 NA NA NA NA 0.2 1 0.1 1 4.1 2,110 Endothall 145733 1.70E-02 NA 3.50E+01 NA NA 0.2 1 0.1 1 -0.55 0.288 Endrin 72208 1.70E-04 NA NA NA NA 0.2 0.5 0.1 1 5.06 12,200 Epichlorohydrin (I) 106898 1.00E-03 5.90E-01 1.00E+00 1.20E-06 NA 0.2 1 0.1 1 0.26 1.92 Ethanol (I) 64175 6.20E+01 NA 1.90E+04 NA NA 1 1 0.1 1 -0.31 0.496 Ethyl acetate (I) 141786 9.00E-01 NA 3.20E+03 NA NA 0.2 1 0.1 1 0.69 4.77 Ethyl-tert-butyl ether (ETBE) 637923 NA NA 3.73E+02 NA NA NA 1 0.1 1 1.92 3.97 Ethylbenzene (I) 100414 9.70E-02 NA 1.00E+03 3.10E-07 5.43E+05 0.2 1 0.1 1 3.14 367 Ethylene dibromide 106934 NA 5.70E+01 9.00E+00 2.20E-04 NA 0.2 1 0.1 1 1.75 52.5 Ethylene glycol 107211 2.00E+00 NA 1.00E+03 NA 1.00E+05 0.2 1 0.1 1 -1.4 0.0421 Ethylene glycol monobutyl ether 111762 5.00E-01 NA 1.30E+04 NA NA 0.2 1 0.1 1 0.83 6.55 Fluoranthene 206440 1.20E-01 NA 1.40E+02 NA NA 0.2 0.5 0.1 1 5.12 1.08E+05 Fluorene 86737 1.20E-01 NA 1.40E+02 NA NA 0.2 1 0.1 1 4.21 13,800 Fluorine (soluble fluoride) (B) 7782414 6.00E-02 NA NA NA 3.10E+03 1 0.5 0.01 1 NR NR Formaldehyde 50000 1.80E-01 NA 9.00E+00 1.30E-05 3.70E+02 0.2 1 0.1 1 -0.051 1.09 Formic acid (I,U) 64186 1.40E+00 NA 2.00E+00 NA 1.90E+04 0.2 1 0.1 1 -0.538 0.449 1-Formylpiperidine 2591868 1.10E-02 NA NA NA NA 0.2 1 0.1 1 NA NA Gentian violet 548629 1.40E-01 5.50E-02 NA NA NA 0.2 1 0.1 1 0.51 3.17 Glyphosate 1071836 1.00E-01 NA NA NA NA 0.2 0.5 0.1 1 -4.47 4.04E-05 Heptachlor 76448 2.30E-03 1.60E+00 NA 1.30E-03 NA 0.2 0.5 0.1 1 6.26 1.43E+06 Heptachlor epoxide 1024573 8.50E-06 2.90E+00 NA 2.60E-03 NA 0.2 0.5 0.1 1 5 82,300 n-Heptane 142825 4.40E+00 NA 3.50E+03 NA 2.05E+06 0.2 1 0.1 1 4.72 43,700 Hexabromobenzene 87821 2.80E-03 NA NA NA NA 0.2 0.5 0.1 1 6.1 9.92E+05 Hexachlorobenzene (C-66) 118741 8.00E-04 1.00E+00 NA 4.60E-04 NA 0.2 0.5 0.1 1 5.89 55,300 Hexachlorobutadiene (C-46) 87683 2.00E-03 5.20E-02 NA 2.20E-05 NA 0.2 1 0.1 1 4.81 53,500 alpha-Hexachlorocyclohexane 319846 NA 2.00E+00 NA 1.83E-03 NA 0.2 1 0.1 1 3.8 1,220 beta-Hexachlorocyclohexane 319857 NA 9.70E-01 NA 5.30E-04 NA 0.2 1 0.1 1 3.81 1,250 Hexachlorocyclopentadiene (C-56) 77474 6.00E-03 NA 2.00E-01 NA NA 0.2 0.5 0.1 1 5.39 1.99E+05 TABLE 4. TOXICOLOGICAL AND CHEMICAL-PHYSICAL DATA PART 201 GENERIC CLEANUP CRITERIA AND SCREENING LEVELS Scientific notation is represented by E+ or E- a value, for example 200,000 is presented as 2.0E+5. Units are as indicated in each column heading. The dataset for each hazardous substance consists of 22 columns across two pages. Review all 22 columns when evaluating data for a specific hazardous substance.

(B) 7782414 NR NA NR NR NR NA NA NA Inorganic 38 Formaldehyde 50000 NR NR 2.80E-04 0.18 2.00E-05 0.07 NA 5.50E+08 Liquid 30.03 Formic acid (I,U) 64186 NR NR 2.50E-06 0.079 1.40E-06 0.18 122 1.00E+09 Liquid 46.03 1-Formylpiperidine 2591868 NR NR NA 0.08 8.00E-06 NA NA NA Liquid 113.2 Gentian violet 548629 NR NR 3.06E-16 0.08 8.00E-06 NA NA 1.00E+06 Solid 408 Glyphosate 1071836 NR NR 1.50E-09 0.08 8.00E-06 NA NA 1.16E+07 Solid 169.09 Heptachlor 76448 NR NR 1.48E-03 0.0112 5.69E-06 NA NA 180 Solid 373.4 Heptachlor epoxide 1024573 NR NR 9.50E-06 0.0132 4.23E-06 NA NA 200 Solid 389.32 n-Heptane 142825 NR NR 2.11E+00 0.08 8.00E-06 0.0105 25 2,690 Liquid 100.2 Hexabromobenzene 87821 NR NR 1.30E-05 0.08 8.00E-06 NA NA 0.17 Solid 551 Hexachlorobenzene (C-66) 118741 NR NR 1.32E-03 0.0542 5.91E-06 NA NA 6,200 Solid 284.78 Hexachlorobutadiene (C-46) 87683 NR NR 8.15E-03 0.0561 6.16E-06 NA NA 3,230 Liquid 260.76 alpha- Hexachlorocyclohexane 319846 NR NR 1.06E-05 0.0142 7.34E-06 NA NA 2,000 Solid 290.82 beta- Hexachlorocyclohexane 319857 NR NR 7.43E-07 0.0142 7.34E-06 NA NA 240 Solid 290.82 Hexachlorocyclopentadiene (C-56) 77474 NR NR 2.70E-02 0.0161 7.21E-06 NA NA 1,800 Liquid 272.77 TABLE 4. TOXICOLOGICAL AND CHEMICAL-PHYSICAL DATA FOR PART 201 GENERIC CLEANUP CRITERIA AND SCREENING LEVELS Scientific notation is represented by E+ or E- a value, for example 200,000 is presented as 2.0E+5. Units are as indicated in each column heading. The dataset for each hazardous substance requires 22 columns across two pages. Review all 22 columns when evaluating data for a specific hazardous substance.

Hazardous Substance Chemical Abstract Service Number Oral Reference Dose Oral Slope Factor Chronic Inhalation Reference Concentration Inhalation Unit Risk Factor Occupational Short Term Exposure Level Relative Source Contribution for Drinking Water Ingestion Absorption Efficiency Dermal Absorption Efficiency Relative Source Contribution for Soil Log Octanol- Water Partition Coefficient Soil Organic Carbon-Water Partition Coefficients for Organic Compounds RfD SF RfC IURF STEL RSC AEi AEd RSC Log Kow Koc mg/kg-day (mg/kg-day) -1 ug/m (ug/m ) -1 ug/m unitless unitless unitless unitless unitless L/kg Hexachloroethane 67721 1.00E-03 8.50E-03 3.50E+00 4.00E-06 NA 0.2 1 0.1 1 4 1,760 n-Hexane 110543 4.10E-01 NA 2.00E+02 NA NA 0.2 1 0.1 1 4 1,760 2-Hexanone 591786 1.40E-01 NA 4.00E+01 NA NA 0.2 1 0.1 1 1.4 23.8 Indeno(1,2,3-cd)pyrene (Q) 193395 NA 4.10E-01 NA NA NA 0.2 0.5 0.13 1 6.65 3.45E+06 Iron (B) 7439896 3.00E-01 NA NA NA NA 0.2 0.5 0.01 1 NR NR Isobutyl alcohol (I) 78831 3.20E-01 NA 1.50E+03 NA NA 0.2 1 0.1 1 0.75 5.46 Isophorone 78591 1.50E-01 1.10E-03 2.80E+02 2.70E-07 2.80E+04 0.2 1 0.1 1 1.699 46.8 Isopropyl alcohol (I) 67630 6.40E-02 NA 2.20E+02 NA 1.23E+06 0.2 1 0.1 1 0.05 1.31 Isopropyl benzene 98828 1.10E-01 NA 8.70E+01 NA NA 0.2 1 0.1 1 3.6 3,460 Lead (B) 7439921 NA NA 1.50E+00 NA NA 0.2 0.5 0.01 1 NR NR Lindane 58899 3.30E-04 7.10E-01 NA NA NA 0.2 1 0.04 1 3.73 1,080 Lithium (B) 7439932 2.80E-02 NA 3.50E+01 NA NA 0.2 0.5 0.01 1 NR NR Magnesium (B) 7439954 1.10E+01 NA 1.00E+02 NA NA 1 0.5 0.01 1 NR NR Manganese (B) 7439965 4.70E-02 NA 5.00E-02 NA NA 0.5 0.5 0.01 1 NR NR Mercury (Total) (B,Z) Varies 3.00E-04 NA 3.00E-01 NA NA 0.2 0.5 0.01 1 5.95 NR Methane 74828 NA NA NA NA NA 0.2 1 0.1 1 1.09 11.8 Methanol 67561 5.00E-01 NA 3.25E+03 NA 3.28E+06 0.2 1 0.1 1 -0.72 0.196 Methoxychlor 72435 5.00E-03 NA NA NA NA 0.2 0.5 0.1 1 5.08 12,600 2-Methoxyethanol (I) 109864 1.00E-03 NA 2.00E+01 NA NA 0.2 1 0.1 1 -0.77 0.175 2-Methyl-4-chlorophenoxyacetic acid 94746 1.00E-03 NA NA NA NA 0.2 1 0.1 1 3.25 1,570 2-Methyl-4,6-dinitrophenol 534521 3.50E-04 NA 2.00E+00 NA NA 0.2 1 0.1 1 2.1 116 N-Methyl-morpholine (I) 109024 2.70E-03 NA NA NA NA 0.2 1 0.1 1 -0.33 0.474 Methyl parathion 298000 2.50E-04 NA NA NA NA 0.2 1 0.1 1 2.9 710 4-Methyl-2-pentanone (MIBK) (I) 108101 2.50E-01 NA 2.05E+03 NA 3.07E+06 0.2 1 0.1 1 1.18 14.5 Methyl-tert-butyl ether (MTBE) 1634044 3.30E-02 3.40E-03 3.00E+03 NA NA 0.2 1 0.1 1 0.99 9.41 Methylcyclopentane (I) 96377 NA NA 700 NA NA 0.2 1 0.1 1 3.37 2,060 4,4'-Methylene-bis-2- chloroaniline 101144 7.30E-04 7.70E-01 NA 3.70E-05 NA 0.2 1 0.1 1 3.92 7,140 Methylene chloride 75092 5.80E-02 4.20E-03 2.00E+03 4.70E-07 NA 0.2 1 0.1 1 1.26 11.9 TABLE 4. TOXICOLOGICAL AND CHEMICAL-PHYSICAL DATA PART 201 GENERIC CLEANUP CRITERIA AND SCREENING LEVELS Scientific notation is represented by E+ or E- a value, for example 200,000 is presented as 2.0E+5. Units are as indicated in each column heading. The dataset for each hazardous substance consists of 22 columns across two pages. Review all 22 columns when evaluating data for a specific hazardous substance.

Hazardous Substance Chemical Abstract Service Number Soil Koc for Ionizing Organic Compounds at pH=6.8 Soil-Water Distribution Coefficients for Inorganic Compounds at pH=6.8 Henry's Law Constant at 25C Air Diffusivity Water Diffusivity Lower Explosive Limit in AirFlash Point Water Solubility Physical State at Standard Temperature and Pressure Molecular Weight KdHLCD i or D a or D air D w LELFPSMW L/kgL/kgatm-m /molcm /scm /sunitless F ug/Lunitlessg/mol Hexachloroethane 67721 NR NR 3.89E-03 0.0025 6.80E-06 NA NA 50,000 Solid 236.74 n-Hexane 110543 NR NR 1.40E-02 0.08 8.00E-06 0.011 -7 12,000 Liquid 86.18 2-Hexanone 591786 NR NR 9.57E-05 0.08 8.00E-06 NA 77 1.60E+07 Liquid 100.16 Indeno(1,2,3-cd)pyrene (Q) 193395 NR NR 1.60E-06 0.019 5.66E-06 NA NA 0.022 Solid 276.34 Iron (B) 7439896 NR NA NR NR NR NA NA NA Inorganic 55.845 Isobutyl alcohol (I) 78831 NR NR 1.30E-05 0.08 8.00E-06 NA 82 7.60E+07 Liquid 74.14 Isophorone 78591 NR NR 6.20E-06 0.0623 6.76E-06 0.008 184 1.20E+07 Liquid 138.23 Isopropyl alcohol (I) 67630 NR NR 8.07E-06 0.08 8.00E-06 0.02 53 1.00E+09 Liquid 60.09 Isopropyl benzene 98828 NR NR 1.50E-02 0.086 7.10E-06 0.009 96 56,000 Liquid 122.16 Lead (B) 7439921 NR 11,000 NR NR NR NA NA NA Inorganic 207.2 Lindane 58899 NR NR 1.40E-05 0.0176 7.34E-06 NA NA 6,800 Solid 290.9 Lithium (B) 7439932 NR NA NR NR NR NA NA NA Inorganic 6.941 Magnesium (B) 7439954 NR NA NR NR NR NA NA NA Inorganic 24.305 Manganese (B) 7439965 NR NA NR NR NR NA NA NA Inorganic 54.938 Mercury (Total) (B,Z) Varies NR 52 7.10E-10 0.037 6.30E-06 NA NA 56 Inorganic 200.59 Methane 74828 NR NR 6.58E-01 0.08 8.00E-06 0.053 -306 NA Gas 16.04 Methanol 67561 NR NR 1.70E-04 0.15 1.30E-05 0.06 52 2.90E+07 Liquid 32.05 Methoxychlor 72435 NR NR 1.58E-05 0.0156 4.46E-06 NA NA 45 Solid 345.7 2-Methoxyethanol (I) 109864 NR NR 9.51E-07 0.08 8.00E-06 NA NA 1.00E+09 Liquid 76.1 2-Methyl-4chlorophenoxyacetic acid 94746 NR NR 1.33E-09 0.08 8.00E-06 NA NA 9.24E+05 Solid 305.79 2-Methyl-4,6-dinitrophenol 534521 NR NR 4.30E-07 0.08 8.00E-06 NA NA 2.00E+05 Solid 198.13 N-Methyl-morpholine (I) 109024 NR NR 2.50E-07 0.08 8.00E-06 NA NA 1.00E+09 Liquid 101.17 Methyl parathion 298000 NR NR 1.10E-07 0.08 8.00E-06 NA NA 50,000 Solid 263.23 4-Methyl-2-pentanone (MIBK) (I) 108101 NR NR 1.20E-04 0.075 7.80E-06 NA 64 2.00E+07 Liquid 100.2 Methyl-tert-butyl ether (MTBE) 1634044 NR NR 6.39E-04 0.08 8.00E-06 NA NA 4.68E+07 Liquid 88.15 Methylcyclopentane (I) 96377 NR NR 3.63E-01 0.08 8.00E-06 NA NA 73,890 Liquid 84.16 4,4'-Methylene-bis-2chloroaniline 101144 NR NR 4.10E-11 0.08 8.00E-06 NA NA 14,000 Solid 267.17 Methylene chloride 75092 NR NR 2.40E-03 0.101 1.17E-05 0.13 NA 1.70E+07 Liquid 50.5 TABLE 4. TOXICOLOGICAL AND CHEMICAL-PHYSICAL DATA FOR PART 201 GENERIC CLEANUP CRITERIA AND SCREENING LEVELS Scientific notation is represented by E+ or E- a value, for example 200,000 is presented as 2.0E+5. Units are as indicated in each column heading. The dataset for each hazardous substance requires 22 columns across two pages. Review all 22 columns when evaluating data for a specific hazardous substance.

Hazardous Substance Chemical Abstract Service Number Oral Reference Dose Oral Slope Factor Chronic Inhalation Reference Concentration Inhalation Unit Risk Factor Occupational Short Term Exposure Level Relative Source Contribution for Drinking Water Ingestion Absorption Efficiency Dermal Absorption Efficiency Relative Source Contribution for Soil Log Octanol- Water Partition Coefficient Soil Organic Carbon-Water Partition Coefficients for Organic Compounds RfD SF RfC IURF STEL RSC AEi AEd RSC Log Kow Koc mg/kg-day (mg/kg-day) -1 ug/m (ug/m ) -1 ug/m unitless unitless unitless unitless unitless L/kg 2-Methylnaphthalene 91576 3.60E-02 NA 1.00E+01 NA NA 0.2 1 0.1 1 3.9 6,820 Methylphenols (J) 1319773 5.00E-02 NA 1.00E+02 NA NA 0.2 1 0.1 1 1.99 45.1 Metolachlor 51218452 2.30E-01 3.50E-03 NA NA NA 0.2 1 0.1 1 3.13 361 Metribuzin 21087649 2.50E-02 NA NA NA NA 0.2 0.5 0.1 1 1.7 46.9 Mirex 2385855 2.30E-04 9.30E-01 NA NA NA 0.2 0.5 0.1 1 6.7 3.86E+06 Molybdenum (B) 7439987 5.00E-03 NA NA NA NA 0.4 0.5 0.01 1 NR NR Naphthalene 91203 7.10E-02 NA 3.00E+00 3.10E-06 7.90E+04 0.2 1 0.1 1 3.36 2,010 Nickel (B) 7440020 7.60E-02 NA NA 2.40E-04 NA 0.2 0.5 0.01 1 NR NR Nitrate (B,N) 14797558 1.60E+00 NA NA NA NA 1 0.5 0.01 1 NR NR Nitrite (B,N) 14797650 1.00E-01 NA NA NA NA 1 0.5 0.01 1 NR NR Nitrobenzene (I) 98953 4.60E-04 NA 7.00E-01 2.00E-05 NA 0.2 1 0.1 1 1.84 64.4 2-Nitrophenol 88755 2.80E-03 NA NA NA NA 0.2 1 0.1 1 1.8 58.8 n-Nitroso-di-n-propylamine 621647 2.50E-01 4.50E+00 NA 2.00E-03 NA 0.2 1 0.1 1 1.4 23.8 N-Nitrosodiphenylamine 86306 2.50E-01 3.10E-03 NA 1.40E-06 NA 0.2 1 0.1 1 3.16 381 Oxamyl 23135220 3.80E-02 NA NA NA NA 0.2 1 0.1 1 -0.47 0.508 Oxo-hexyl acetate 88230357 1.00E-02 NA 3.10E+01 NA NA 0.2 1 0.1 1 NA NA Pendimethalin 40487421 1.20E-01 NA NA NA NA 0.2 0.5 0.1 1 5.18 1.24E+05 Pentachlorobenzene 608935 8.30E-04 NA NA NA NA 0.2 0.5 0.1 1 5.26 1.48E+05 Pentachloronitrobenzene 82688 7.50E-03 NA 5.00E+00 NA NA 0.2 1 0.1 1 4.64 36,400 Pentachlorophenol 87865 3.00E-02 6.80E-02 1.00E+02 3.00E-05 NA 0.2 0.5 0.25 1 5.09 592 Pentane 109660 NA NA 1.80E+04 NA 2.21E+06 0.2 1 0.1 1 3.42 2,300 2-Pentene (I) 109682 NA NA NA NA NA 0.2 1 0.1 1 2.58 344 pH NA NA NA NA NA NA NA NA NA NA NA NR Phenanthrene 85018 7.10E-03 NA 1.00E-01 NA NA 0.2 1 0.1 1 4.6 33,300 Phenol 108952 6.00E-01 NA 6.00E+02 NA NA 0.2 1 0.1 1 1.48 17.8 Phenytoin 57410 3.00E-02 5.10E-02 NA 1.40E-05 NA 0.2 1 0.1 1 2.47 1473 Phosphorus (Total) 7723140 1.10E+01 NA 1.00E+00 NA NA 0.2 0.5 0.1 1 NR NA Phthalic acid 88993 1.90E+00 NA NA NA NA 0.2 1 0.1 1 0.73 5.22 TABLE 4. TOXICOLOGICAL AND CHEMICAL-PHYSICAL DATA PART 201 GENERIC CLEANUP CRITERIA AND SCREENING LEVELS Scientific notation is represented by E+ or E- a value, for example 200,000 is presented as 2.0E+5. Units are as indicated in each column heading. The dataset for each hazardous substance consists of 22 columns across two pages. Review all 22 columns when evaluating data for a specific hazardous substance.

Hazardous Substance Chemical Abstract Service Number Soil Koc for Ionizing Organic Compounds at pH=6.8 Soil-Water Distribution Coefficients for Inorganic Compounds at pH=6.8 Henry's Law Constant at 25C Air Diffusivity Water Diffusivity Lower Explosive Limit in AirFlash Point Water Solubility Physical State at Standard Temperature and Pressure Molecular Weight KdHLCD i or D a or D air D w LELFPSMW L/kgL/kgatm-m /molcm /scm /sunitless F ug/Lunitlessg/mol 2-Methylnaphthalene 91576 NR NR 4.99E-04 0.08 8.00E-06 NA NA 24,600 Solid 142.2 Methylphenols (J) 1319773 NR NR 1.60E-06 0.074 8.30E-06 NA 178 2.80E+07 Solid 108.13 Metolachlor 51218452 NR NR 9.90E-09 0.08 8.00E-06 NA NA 5.30E+05 Liquid 283.83 Metribuzin 21087649 NR NR 8.80E-02 0.08 8.00E-06 NA NA 1.20E+06 Solid 214.29 Mirex 2385855 NR NR 5.16E-04 0.08 8.00E-06 NA NA 6.80E-06 Solid 545.54 Molybdenum (B) 7439987 NR NA NR NR NR NA NA NA Inorganic 95.94 Naphthalene 91203 NR NR 4.83E-04 0.059 7.50E-06 0.009 174 31,000 Solid 128.17 Nickel (B) 7440020 NR 65 NR NR NR NA NA NA Inorganic 58.7 Nitrate (B,N) 14797558 NR NA NR NR NR NA NA NA Inorganic 62 Nitrite (B,N) 14797650 NR NA NR NR NR NA NA NA Inorganic 46 Nitrobenzene (I) 98953 NR NR 2.40E-05 0.076 8.60E-06 NA 190 2.09E+06 Liquid 123.11 2-Nitrophenol 88755 NR NR 3.50E-06 0.08 8.00E-06 NA NA 2.50E+06 Solid 139.11 n-Nitroso-di-n-propylamine 621647 NR NR 2.25E-06 0.0545 8.17E-06 NA NA 9.89E+06 Liquid 130.22 N-Nitrosodiphenylamine 86306 NR NR 5.00E-06 0.0312 6.35E-06 NA NA 35,100 Solid 198.22 Oxamyl 23135220 NR NR 2.37E-10 0.08 8.00E-06 NA NA 2.80E+08 Solid 219.29 Oxo-hexyl acetate 88230357 NR NR NA 0.08 8.00E-06 NA NA NA Liquid 144.2 Pendimethalin 40487421 NR NR 8.56E-07 0.08 8.00E-06 NA NA 275 Solid 281.31 Pentachlorobenzene 608935 NR NR 8.40E-04 0.067 6.30E-06 NA NA 650 Liquid 250.3 Pentachloronitrobenzene 82688 NR NR 2.90E-02 0.08 8.00E-06 NA NA 32 Solid 295.32 Pentachlorophenol 87865 592 NR 2.44E-08 0.056 6.10E-06 NA NA 1.85E+06 Solid 266.32 Pentane 109660 NR NR 1.26E+00 0.08 8.00E-06 0.015 -57 38,200 Liquid 72.15 2-Pentene (I) 109682 NR NR 2.30E-01 0.08 8.00E-06 NA NA 2.03E+05 Liquid 70.13 pH NA NR NA NR NA NA NA NA NA NA NA Phenanthrene 85018 NR NR 2.30E-05 0.08 8.00E-06 NA NA 1,000 Solid 178.24 Phenol 108952 NR NR 3.97E-07 0.082 9.10E-06 0.018 175 8.28E+07 Liquid 147.01 Phenytoin 57410 NA NR 1.02E-11 0.08 8.00E-06 NA NA 3.20E+04 Solid 252.2718 Phosphorus (Total) 7723140 NR NR NR 0.08 8.00E-06 NA NA NA Solid 30.974 Phthalic acid 88993 NR NR 2.18E-12 0.08 8.00E-06 NA NA 1.42E+07 Liquid 166.13 TABLE 4. TOXICOLOGICAL AND CHEMICAL-PHYSICAL DATA FOR PART 201 GENERIC CLEANUP CRITERIA AND SCREENING LEVELS Scientific notation is represented by E+ or E- a value, for example 200,000 is presented as 2.0E+5. Units are as indicated in each column heading. The dataset for each hazardous substance requires 22 columns across two pages. Review all 22 columns when evaluating data for a specific hazardous substance.

(J,T)

1336363 2.00E-05 2.00E+00 NA 6.00E-04 NA 0.2 0.5 0.14 1 5.58 3.06E+05

Prometon 1610180 2.20E-02 NA NA NA NA 0.2 1 0.1 1 2.99 870 Propachlor 1918167 1.30E-02 NA NA NA NA 0.2 1 0.1 1 2.01 94.6 Propazine 139402 2.70E-02 NA NA NA NA 0.2 1 0.1 1 2.75 505 Propionic acid 79094 1.70E+00 NA 3.00E+02 NA NA 0.2 1 0.1 1 0.28 1.89 Propyl alcohol (I) 71238 1.90E-01 NA 7.30E+02 NA 6.14E+05 0.2 1 0.1 1 0.25 1.89 n-Propylbenzene (I) 103651 1.10E-02 NA 2.00E+01 NA NA 0.2 1 0.1 1 3.69 4,240 Propylene glycol 57556 2.00E+01 NA 6.00E+03 NA NA 0.2 1 0.1 1 -0.92 0.125 Pyrene 129000 7.50E-02 NA 1.00E+02 NA NA 0.2 0.5 0.1 1 5.11 1.06E+05 Pyridine (I) 110861 1.00E-03 NA 3.50E+00 NA NA 0.2 1 0.1 1 0.67 4.56 Selenium (B) 7782492 5.00E-03 NA 2.00E+00 NA NA 0.2 0.5 0.01 1 NR NR Silver (B) 7440224 4.70E-03 NA 1.00E-01 NA NA 0.2 0.5 0.01 1 NR NR Silvex (2,4,5-TP) 93721 7.50E-03 NA NA NA NA 0.2 1 0.1 1 3.4 2,200 Simazine 122349 5.20E-03 NA NA NA NA 0.2 1 0.1 1 1.93 79 Sodium 17341252 3.40E+01 NA NA NA NA 0.1 0.5 0.01 1 NR NR Sodium azide 26628228 1.20E-02 NA NA NA NA 0.2 1 0.1 1 NA NA Strontium (B) 7440246 6.30E-01 NA NA NA NA 0.2 0.5 0.01 1 NR NR Styrene 100425 2.00E-01 1.30E-02 1.00E+03 5.70E-07 1.70E+05 0.2 1 0.1 1 2.94 777 Sulfate 14808798 NA NA NA NA NA NA 0.5 0.1 1 NR NR Tebuthiuron 34014181 7.00E-02 NA NA NA NA 0.2 1 0.1 1 1.78 56.2 2,3,7,8-Tetrabromodibenzo-pdioxin (O)

50585416 NA 7.50E+04 NA NA NA 0.2 0.5 0.03 1 7.24 1.31E+07 1,2,4,5-Tetrachlorobenzene 95943 3.40E-01 NA 1.00E+00 NA NA 0.2 1 0.1 1 4.64 36,400 2,3,7,8-Tetrachlorodibenzo-pdioxin (O)

1746016 NA 7.50E+04 2.00E-06 4.40E+01 NA 0.2 0.5 0.03 1 7.04 8.33E+06 1,1,1,2-Tetrachloroethane 630206 8.90E-02 1.10E-02 NA 7.40E-06 NA 0.2 1 0.1 1 2.63 145 TABLE 4. TOXICOLOGICAL AND CHEMICAL-PHYSICAL DATA PART 201 GENERIC CLEANUP CRITERIA AND SCREENING LEVELS Scientific notation is represented by E+ or E- a value, for example 200,000 is presented as 2.0E+5. Units are as indicated in each column heading. The dataset for each hazardous substance consists of 22 columns across two pages. Review all 22 columns when evaluating data for a specific hazardous substance.

Hazardous Substance Chemical Abstract Service Number Soil Koc for Ionizing Organic Compounds at pH=6.8 Soil-Water Distribution Coefficients for Inorganic Compounds at pH=6.8 Henry's Law Constant at 25C Air Diffusivity Water Diffusivity Lower Explosive Limit in AirFlash Point Water Solubility Physical State at Standard Temperature and Pressure Molecular Weight KdHLCD i or D a or D air D w LELFPSMW L/kgL/kgatm-m /molcm /scm /sunitless F ug/Lunitlessg/mol Phthalic anhydride 85449 NR NR 1.63E-08 0.08 8.00E-06 1.70E+07 305 6.20E+06 Liquid 148.1 Picloram 1918021 NR NR 4.05E-11 0.08 8.00E-06 NA NA 4.30E+05 Solid 241.48 Piperidine 110894 NR NR 4.45E-06 0.08 8.00E-06 NA NA 1.00E+09 Liquid 85.15 Polybrominated biphenyls (J) 67774327 NR NR 3.90E-06 0.08 8.00E-06 NA NA 1.66E+07 Solid NA Polychlorinated biphenyls (PCBs) (J,T) 1336363 NR NR 4.20E-04 0.08 8.00E-06 NA NA 44.7 Solid 268.4 Prometon 1610180 NR NR 1.98E-09 0.08 8.00E-06 NA NA 7.50E+05 Solid 225.29 Propachlor 1918167 NR NR 1.09E-07 0.08 8.00E-06 NA NA 6.55E+05 Solid 211.69 Propazine 139402 NR NR 4.60E-09 0.08 8.00E-06 NA NA 8,600 Solid 229.75 Propionic acid 79094 NR NR 4.45E-07 0.08 8.00E-06 0.029 126 1.00E+09 Liquid 74.09 Propyl alcohol (I) 71238 NR NR 7.41E-06 0.08 8.00E-06 0.022 72 1.00E+09 Liquid 60.11 n-Propylbenzene (I) 103651 NR NR NA 0.08 8.00E-06 NA NA NA Liquid 120.19 Propylene glycol 57556 NR NR 1.24E-08 0.08 8.00E-06 NA NA 1.00E+09 Liquid 76.1 Pyrene 129000 NR NR 1.10E-05 0.0272 7.24E-06 NA NA 135 Solid 202.26 Pyridine (I) 110861 NR NR 7.00E-03 0.091 7.60E-06 0.018 68 3.00E+05 Liquid 79.11 Selenium (B) 7782492 NR 5 NR NR NR NA NA NA Inorganic 78.96 Silver (B) 7440224 NR 8.3 NR NR NR NA NA NA Inorganic 107.868 Silvex (2,4,5-TP) 93721 NR NR 1.30E-08 0.08 8.00E-06 NA NA 1.40E+05 Solid 269.51 Simazine 122349 NR NR 3.37E-09 0.08 8.00E-06 NA NA 4,470 Solid 201.67 Sodium 17341252 NR NA NR NR NR NA NA NA Inorganic 23 Sodium azide 26628228 NR NA NA 0.08 8.00E-06 NA NA NA Solid 65.01 Strontium (B) 7440246 NR NA NR NA NA NA NA NA Inorganic 87.62 Styrene 100425 NR NR 2.75E-03 0.071 8.00E-06 0.009 88 3.10E+05 Liquid 104.15 Sulfate 14808798 NR NA NR 0.08 8.00E-06 NA NA NA Inorganic 96.066 Tebuthiuron 34014181 NR NR 2.40E-10 0.08 8.00E-06 NA NA 2.50E+06 Solid 228.31 2,3,7,8-Tetrabromodibenzop-dioxin (O) 50585416 NR NR 2.95E-07 0.08 8.00E-06 NA NA 0.00996 Solid 499.6 1,2,4,5-Tetrachlorobenzene 95943 NR NR 1.20E-03 0.08 8.00E-06 NA NA 1,300 Solid 215.28 2,3,7,8-Tetrachlorodibenzop-dioxin (O) 1746016 NR NR 9.20E-06 0.047 8.00E-06 NA NA 0.019 Solid 322 1,1,1,2-Tetrachloroethane 630206 NR NR 2.40E-03 0.071 7.90E-06 NA NA 1.10E+06 Liquid 167.85 TABLE 4. TOXICOLOGICAL AND CHEMICAL-PHYSICAL DATA FOR PART 201 GENERIC CLEANUP CRITERIA AND SCREENING LEVELS Scientific notation is represented by E+ or E- a value, for example 200,000 is presented as 2.0E+5. Units are as indicated in each column heading. The dataset for each hazardous substance requires 22 columns across two pages. Review all 22 columns when evaluating data for a specific hazardous substance.

Hazardous Substance Chemical Abstract Service Number Oral Reference Dose Oral Slope Factor Chronic Inhalation Reference Concentration Inhalation Unit Risk Factor Occupational Short Term Exposure Level Relative Source Contribution for Drinking Water Ingestion Absorption Efficiency Dermal Absorption Efficiency Relative Source Contribution for Soil Log Octanol- Water Partition Coefficient Soil Organic Carbon-Water Partition Coefficients for Organic Compounds RfD SF RfC IURF STEL RSC AEi AEd RSC Log Kow Koc mg/kgday (mg/kg-day) -1 ug/m (ug/m ) -1 ug/m unitless unitless unitless unitless unitless L/kg 1,1,2,2-Tetrachloroethane 79345 NA 1.00E-01 NA 5.80E-05 NA 0.2 1 0.1 1 2.39 93.5 Tetrachloroethylene 127184 1.00E-02 2.60E-02 4.00E+01 5.80E-07 6.85E+05 0.2 1 0.1 1 2.67 156 Tetrahydrofuran 109999 1.30E-02 NA 5.90E+03 2.00E-06 7.37E+05 0.2 1 0.1 1 0.46 2.83 Tetranitromethane 509148 NA NA 4.00E-01 1.50E-02 NA 0.2 NA NA 1 -2.05 9.66E-03 Thallium (B) 7440280 6.70E-05 NA 0.2 NA NA 0.2 0.5 0.01 1 NR NR Toluene (I) 108883 2.20E-01 NA 4.00E+02 NA NA 0.2 1 0.1 1 2.75 180 p-Toluidine 106490 NA 5.60E-02 NA 3.10E-05 NA 0.2 1 0.1 1 1.39 23.3 Total dissolved solids (TDS) NA NA NA NA NA NA NA NA NA NA NA NR Toxaphene 8001352 NA 4.40E-01 NA 3.20E-04 1.00E+03 0.2 0.5 0.1 1 5.5 2.55E+05 Triallate 2303175 1.30E-02 NA NA NA NA 0.2 1 0.1 1 4.57 31,100 Tributylamine 102829 3.50E-03 NA 7.00E+00 NA NA 0.2 1 0.1 1 4.46 24,200 1,2,4-Trichlorobenzene 120821 1.50E-02 NA 3.70E+02 NA 3.70E+04 0.2 1 0.1 1 4.01 1,790 1,1,1-Trichloroethane 71556 2.20E+00 NA 1.00E+03 NA 2.46E+06 0.2 1 0.1 1 2.48 110 1,1,2-Trichloroethane 79005 3.90E-03 2.90E-02 NA 1.60E-05 NA 0.2 1 0.1 1 2.05 50.3 Trichloroethylene 79016 1.70E-03 1.00E-02 2.00E+00 1.70E-06 5.37E+05 0.2 1 0.1 1 2.71 168 Trichlorofluoromethane 75694 3.50E-01 NA 5.62E+04 NA 5.62E+06 0.2 1 0.1 1 2.53 121 2,4,5-Trichlorophenol 95954 1.00E-01 NA 3.50E+02 NA NA 0.2 1 0.1 1 3.9 1,597 2,4,6-Trichlorophenol 88062 NA 7.40E-03 NA 3.10E-06 NA 0.2 1 0.1 1 3.7 381 1,2,3-Trichloropropane 96184 5.70E-03 NA 0.3 NA NA 0.2 1 0.1 1 2.26 167 1,1,2-Trichloro-1,2,2trifluoroethane 76131 2.70E+01 NA 7.67E+04 NA 9.59E+06 0.2 1 0.1 1 3.15 1,250 Triethanolamine 102716 5.00E-01 NA 5.00E+01 NA NA 0.2 1 0.1 1 -1.38 0.044 Triethylene glycol 112276 5.90E-01 NA NA NA NA 0.2 1 0.1 1 -1.69 0.0218 3-Trifluoromethyl-4-nitrophenol 88302 6.20E-01 NA NA NA NA 0.2 1 0.1 1 2.87 663 Trifluralin 1582098 5.10E-03 4.50E-03 NA NA NA 0.2 0.5 0.1 1 5.3 1.62E+05 2,2,4-Trimethyl pentane 540841 NA NA 3.50E+03 NA NA 0.2 1 0.1 1 4.09 2,080 2,4,4-Trimethyl-2-pentene (I) 107404 NA NA NA NA NA 0.2 1 0.1 1 4 1,760 1,2,4-Trimethylbenzene (I) 95636 1.40E-01 NA 1.23E+03 NA NA 0.2 1 0.1 1 3.67 965 1,3,5-Trimethylbenzene (I) 108678 1.40E-01 NA 1.23E+03 NA NA 0.2 1 0.1 1 3.5 708 TABLE 4. TOXICOLOGICAL AND CHEMICAL-PHYSICAL DATA PART 201 GENERIC CLEANUP CRITERIA AND SCREENING LEVELS Scientific notation is represented by E+ or E- a value, for example 200,000 is presented as 2.0E+5. Units are as indicated in each column heading. The dataset for each hazardous substance consists of 22 columns across two pages. Review all 22 columns when evaluating data for a specific hazardous substance.

Hazardous Substance Chemical Abstract Service Number Soil Koc for Ionizing Organic Compounds at pH=6.8 Soil-Water Distribution Coefficients for Inorganic Compounds at pH=6.8 Henry's Law Constant at 25C Air Diffusivity Water Diffusivity Lower Explosive Limit in AirFlash Point Water Solubility Physical State at Standard Temperature and Pressure Molecular Weight KdHLCD i or D a or D air D w LELFPSMW L/kgL/kgatm-m /molcm /scm /sunitless F ug/Lunitlessg/mol 1,1,2,2-Tetrachloroethane 79345 NR NR 3.45E-04 0.071 7.90E-06 NA NA 2.97E+06 Liquid 167.85 Tetrachloroethylene 127184 NR NR 1.84E-02 0.072 8.20E-06 NA NA 2.00E+05 Liquid 165.83 Tetrahydrofuran 109999 NR NR 9.63E-03 0.08 8.00E-06 0.02 6 1.00E+09 Liquid 72.12 Tetranitromethane 509148 NR NR 2.60E-05 0.08 8.00E-06 NA NA 85,000 Liquid 196.03 Thallium (B) 7440280 NR 71 NR NR NR NA NA NA Inorganic 204.383 Toluene (I) 108883 NR NR 6.64E-03 0.087 8.60E-06 0.011 40 5.26E+05 Liquid 92.14 p-Toluidine 106490 NR NR 6.10E-06 0.08 8.00E-06 NA 188 7.60E+06 Liquid 107.17 Total dissolved solids (TDS) NA NR NA NR NA NA NA NA NA NA NA Toxaphene 8001352 NR NR 6.00E-06 0.0116 4.34E-06 NA NA 740 Solid 414 Triallate 2303175 NR NR 1.93E-05 0.08 8.00E-06 NA NA 4,000 Liquid 304.66 Tributylamine 102829 NR NR 5.60E-03 0.08 8.00E-06 NA NA 75,400 Liquid 185.4 1,2,4-Trichlorobenzene 120821 NR NR 1.42E-03 0.03 8.23E-06 NA 222 3.00E+05 Liquid 181.45 1,1,1-Trichloroethane 71556 NR NR 1.72E-02 0.078 8.80E-06 0.075 NA 1.33E+06 Liquid 133.4 1,1,2-Trichloroethane 79005 NR NR 9.13E-04 0.078 8.80E-06 0.06 NA 4.42E+06 Liquid 133.4 Trichloroethylene 79016 NR NR 1.03E-02 0.079 9.10E-06 0.08 NA 1.10E+06 Liquid 131.39 Trichlorofluoromethane 75694 NR NR 1.30E-01 0.087 9.70E-06 NA NA 1.10E+06 Liquid 137.38 2,4,5-Trichlorophenol 95954 1,597 NR 4.33E-06 0.0291 7.03E-06 NA NA 1.20E+06 Solid 197.5 2,4,6-Trichlorophenol 88062 381 NR 7.79E-06 0.0318 6.25E-06 NA NA 8.00E+05 Solid 197.5 1,2,3-Trichloropropane 96184 NR NR 3.80E-04 0.071 7.90E-06 NA 160 1.90E+06 Liquid 147.43 1,1,2-Trichloro-1,2,2trifluoroethane 76131 NR NR 5.30E-01 0.078 8.20E-06 NA NA 1.70E+05 Liquid 187.38 Triethanolamine 102716 NR NR 3.38E-19 0.08 8.00E-06 NA NA 1.00E+09 Liquid 149.19 Triethylene glycol 112276 NR NR 2.61E-10 0.0427 8.06E-06 NA NA 1.00E+06 Liquid 150.17 3-Trifluoromethyl-4nitrophenol 88302 NR NR 1.92E-08 0.08 8.00E-06 NA NA 5.00E+06 Solid 207 Trifluralin 1582098 NR NR 2.60E-05 0.08 8.00E-06 NA NA 8,100 Solid 335.29 2,2,4-Trimethyl pentane 540841 NR NR 3.13E+00 0.08 8.00E-06 0.011 10 2,330 Liquid 114.23 2,4,4-Trimethyl-2-pentene (I) 107404 NR NR 8.81E-01 0.08 8.00E-06 NA NA 11,900 Liquid 112.2 1,2,4-Trimethylbenzene (I) 95636 NR NR 5.87E-03 0.08 8.00E-06 0.009 112 55,890 Liquid 120.2 1,3,5-Trimethylbenzene (I) 108678 NR NR 7.38E-03 0.08 8.00E-06 NA 122 61,150 Liquid 120.2 TABLE 4. TOXICOLOGICAL AND CHEMICAL-PHYSICAL DATA FOR

PART 201 GENERIC CLEANUP CRITERIA AND SCREENING LEVELS

Scientific notation is represented by E+ or E- a value, for example 200,000 is presented as 2.0E+5. Units are as indicated in each column heading. The dataset for each hazardous substance consists of 22 columns across two pages. Review all 22 columns when evaluating data for a specific hazardous substance.

**History**
- *History: 2013 AACS.*

## **Oil, Gas and Minerals Division** Oil, Gas and Minerals Division

### **R 299.2301 to R 299.2531** Mineral Wells

##### **Mich. Admin. Code R 299.2301** Application of rules {#sec-r-299.2301 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2301}

DEPARTMENT OF ENVIRONMENTAL QUALITY

OFFICE OF GEOLOGICAL SURVEY

MINERAL WELLS

(By authority conferred on the director of the department of environmental quality by section 62506 of 1994 PA 451, MCL 324.62506, Section 9 of 1965 PA 380, MCL 16.109, and Executive Reorganization Order No. 1995-16, MCL 324.99903)

PART 1. GENERAL PROVISIONS

Rule 2301. These rules govern mineral well operations in this state and supersede all rules and regulations issued under the authority of 1969 PA 315, MCL 324.62501 et seq. except for orders and determinations of the supervisor of mineral wells that have application to specifically designated areas throughout this state.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2302** Definitions; A to F {#sec-r-299.2302 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2302}

Rule 2302. As used in these rules:

(a) "Act" means 1994 PA 451, MCL 324.111 et seq.

(b) "ANSI" means the American national standards institute.

(d) "Area of review" means either of the following:

(i) For a well disposing of nonhazardous waste that area the radius of which is the greater of 1/4 mile or the lateral distance in which the pressures in the injection zone are sufficient to increase hydrostatic head in the injection zone above the base of the lowermost underground source of drinking water, but shall not be more than 2 miles.

(ii) For a well disposing of hazardous waste that area the radius of which is the greater of 2 miles or the lateral distance in which the pressures in the injection zone are sufficient to increase hydrostatic head in the injection zone above the base of the lowermost underground source of drinking water.

(e) "Area of injectate migration" means that area the radius of which is the calculated lateral distance over which injectate will migrate over the proposed life of a disposal well.

(f) "Authorized representative of the supervisor of mineral wells" means a department of environmental quality employee who is charged with the responsibility for implementation of the act or rules.

(g) "Blowout prevention equipment" means a casinghead control device designed to control the flow of fluids from the well bore by closing around the drill pipe or production tubing or completely sealing the hole in the absence of drill pipe or production tubing.

(h) "Briefing area" means a specified geographic area, where all personnel may safely assemble in an emergency.

(i) "Change of well status" means any of the following:

(i) To make changes or alterations in the permanent nonretrievable well equipment.

(ii) To make changes or alterations in the original relationship between the permanent nonretrievable well equipment and the adjacent geologic formations.

(iii) Fracture stimulation of a well.

(iv) Deepening of a well.

(v) Temporarily abandoning a well. Change of well status does not include well stimulation required during normal operation.

(j) "Colorimetric or length of stain tubes" means glass tubes that contain a chemical which changes color upon exposure to a specified substance and which allow the concentration of the specified substance to be read directly.

(k) "Conformance bond" means a surety bond that has been executed by a surety company authorized to do business in this state, cash, certificates of deposit, letters of credit, or other securities that are filed by a person and accepted by the supervisor of mineral wells to ensure compliance with the act, these rules, permit conditions, instructions, orders of the supervisor of mineral wells, or an order of the department.

(l) "Directionally drilled well" means a well purposely deviated from the vertical using controlled angles to reach an objective subsurface location.

(m) "Drilling completion" means the time when a well has reached its permitted depth or the supervisor of mineral wells has determined drilling has ceased.

(n) "Emergency preparedness coordinator" means an individual appointed under 1976 PA 390, MCL 30.401 et seq. to coordinate emergency planning or services within the county or municipality.

(o) "External mechanical integrity" means a well subject to this part has no significant fluid movement through vertical channels adjacent to the well bore.

(p) "Facility piping" means piping that connects any of the following:

(i) Compressors.

(ii) Flares.

(iii) Loadouts.

(iv) Separators.

(v) Storage tanks.

(vi) Transfer pumps.

(vii) Treatment equipment.

(viii) Vents.

(q) "Fence" means a structure that is designed to deter access and which consists of not less than 2 strands of barbed wire, 1 strand being approximately 18 inches above the ground and the other strand being approximately 42 inches above the ground, secured to supporting posts or means an equivalent structure that deters access.

(r) "Final completion" means either of the following:

(i) The time when locating, drilling, deepening, converting, operating, producing, reworking, plugging, and proper site restoration have been performed on a well in a manner approved by the supervisor of mineral wells, including the filing of the mandatory records.

(ii) The time when a permit has been issued to convert an existing well subject to this part to a purpose allowed under another act or another part of the act.

(s) "Flare" means a device for the burning of gasses in which the flame is exposed to the atmosphere and burning takes place at a height of not less than 20 feet above the ground.

(t) "Flow line" means piping that connects a well or wells to a surface facility.

(u) "Fresh water" means water which is free of contamination in concentrations that may cause disease or harmful physiological effects and which is safe for human consumption.

(v) "Fresh water drilling fluid" means any fluid used for drilling a well which contains fewer than 11,000 milligrams per liter total dissolved solids. Fresh water drilling fluid does not include an oil-based drilling fluid.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2303** Definitions; G to R {#sec-r-299.2303 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2303}

Rule 2303.As used in these rules:

(a) "Gas storage" means the use of a depleted oil or gas pool, salt cavern, or other porous strata used for injecting and withdrawing gas from the depleted oil or gas pool, salt cavern, or other porous strata.

(b) "Geologist" means a person who is certified as a geologist by a credible geological professional association or who, by reason of his or her knowledge of the natural sciences, mathematics, and the principles of geology acquired by either professional experience or practical experience, or both, is qualified to engage in the practice of the science of geology.

(d) "Groundwater" means water below the land surface in the zone of saturation.

(e) "Incinerator" means a device specifically designed for the destruction, by burning, of combustible gasses, in which the products of combustion are emitted to the outer air by passing through a stack or chimney that opens to the outer air at a height of not less than 20 feet above the ground.

(f) "Instruction" means a written statement of general applicability which is issued by the supervisor of mineral wells, which conforms with the act and rules promulgated under the act, and which clarifies or explains the applicability of the act or rules to commonly recurring facts or circumstances.

(g) "Internal mechanical integrity" means a well subject to this part has no significant leak in the casing, tubing, packer, or wellhead.

(h) "Lost hole" means a well which cannot be completed or further drilled because of mechanical difficulties, accidents of construction, or geological conditions.

(i) "NACE" means the national association of corrosion engineers.

(j) "Nuisance odor" means an emission of any gas, vapor, fume, or mist, or combination thereof, from a well or its associated surface facilities, in whatever quantities, that causes, either alone or in reaction with other air contaminants, any of the following:

(i) Injurious effects to human health or safety.

(ii) Unreasonable injurious effects to animal life, plant life of significant value, or property.

(iii) Unreasonable interference with the comfortable enjoyment of life or property. A 1hour time weighted hydrogen sulfide concentration in ambient air of 0.2 ppm constitutes a nuisance odor for the purposes of this part.

(k) "Organization report" means a listing of all corporate officers, directors, incorporators, or partners who have the authority to make, or are responsible for making, operational decisions, including the siting, drilling, operating, producing, reworking, and plugging of wells.

(l) "Permit" means a permit to drill and operate a well including associated surface facilities and flow lines.

(m) "Ph" means the degree of acidity or alkalinity of the waste products, expressed as a value from 1 to 14.

(n) "Ppm" means parts per million by volume.

(o) "Processed brine" means naturally occurring or artificial brine from which 1 or more dissolved constituents have been removed by a commercial or industrial process.

(p) "Psi" means pounds per square inch.

(q) "Psig" means pounds per square inch gauge.

(r) "Repair" means changes to the retrievable downhole components of a well, minor reconditioning operations, such as backflushing or swabbing, or, changes to the surface equipment of a well.

(s) "Reservoir" means a natural or artificially developed underground container of liquids or gas.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2304** Definitions; S to Z {#sec-r-299.2304 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2304}

Rule 2304. As used in these rules:

(a) "Safety equipment" means, at a minimum, all of the following items:

(i) First aid kits.

(ii) Stretchers.

(iii) Blankets.

(iv) Portable dry chemical fire extinguishers.

(v) Ropes.

(vi) Flare guns and flares.

(vii) Battery-operated lanterns.

(viii) Portable electronic hydrogen sulfide detectors.

(ix) Warning signs that have the word "danger" or "caution" followed by the words "poison gas."

(x) Two copies of the owner's contingency plan.

(xi) Not less than 2 portable, self-contained, pressure-demand breathing apparatus that have a 30-minute air supply.

(xii) A supply of compressed breathable air or oxygen that is sufficient to recharge each self-contained breathing apparatus at least once.

(b) "Shut-in" means an action by an owner or permittee to close down an active well temporarily.

(i) The filling and leveling of all cellars, pits, and excavations.

(ii) The removal or elimination of all debris.

(iii) The elimination of all conditions that may create a fire or pollution hazard.

(iv) The minimization of erosion.

(v) The restoration of the well site as nearly as practicable to the original land contour or to a condition approved by the supervisor of mineral wells.

(d) "Solution mining" means the process of injecting fluid into a well to dissolve rock salt or other readily soluble rock or mineral, and the production of the resulting artificial brine.

(e) "Stored product" means any substance except liquid hydrocarbons, liquified petroleum gas, or dry natural gas which is injected into an underground storage cavity with the intent to remove the substance from the underground storage cavity at some future time. Stored product does not include water or other solvents injected into a cavity or well during solution mining to form an artificial brine.

(f) "Structure used for public or private occupancy" means a residential dwelling or place of business, place of worship, school, hospital, government building, or other building where people are expected to be present at least 4 hours per day.

(g) "Substantially modify" means any of the following:

(i) To permanently reroute above-ground facility piping outside of an existing secondary containment area.

(ii) To add vessels at a surface facility or well having no secondary containment on the effective date of these rules.

(iii) To add a vessel at a surface facility having secondary containment when the addition of the vessel would increase the total volume of the vessels to more than the capacity of the diked area required in R 299.2446(c). Substantially modify does not include routine maintenance or emergency repairs at a wellhead or surface facility.

(h) "Surface casing" means the casing string or strings used primarily for protecting fresh water or mineralized water resources from potential contamination during the drilling and operation of a well.

(i) "Surface facility" means the area in the vicinity of a well subject to this part where produced brine, waste products or stored products are held temporarily before transportation, disposal, or storage, and the surface equipment necessary for handling, disposing, or storing the liquids. Surface facility does not include any of the following:

(i) Surface equipment subject to a permit under Part 111 of the act.

(ii) Surface equipment within the perimeter of a manufacturing plant if the surface equipment is subject to secondary containment and spill response and reporting requirements under another part of the act.

(iii) A pipeline connecting a well directly to a manufacturing plant.

(iv) A well annulus monitoring system.

(j) "Surface water" means a body of water, and the associated sediments, which has a top surface that is exposed to the atmosphere and which is not solely for wastewater conveyance, treatment, or control. Surface water may be any of the following:

(i) A Great Lake or its connecting waters.

(ii) An inland lake or pond.

(iii) A river or stream, including intermittent streams.

(iv) An impoundment.

(v) An open drain.

(vi) A wetland.

(k) "Underground source of drinking water" means an aquifer or any portion of an aquifer which does either of the following:

(i) Supplies any public or private water system.

(ii) Contains a sufficient quantity of groundwater to supply a public or private water system; and includes either of the following:

(A) Currently supplies drinking water for human consumption.

(B) Contains fewer than 11,000 milligrams per liter total dissolved solids.

(l) "Well completion" means the time when a well has been tested and found to be incapable of being put to the use for which it was intended and has been plugged or has been found capable of being put to the use for which it was intended or when the well has been equipped to perform the service for which it was intended.

(m) "Well completion operations" means work performed in a well, after the well has been drilled to its permitted depth and the innermost string of casing has been set, including perforating, artificial stimulation, and production testing.

(n) "Well location" means the surface location of a well.

(o) "Zoned residential" means a geographic area that was zoned by a local unit of government before the effective date of these rules, as an area designated principally for permanent or recreational residences.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2305** Terms defined in act {#sec-r-299.2305 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2305}

Rule 2305. Unless the context requires a different meaning, the trade words and other words defined in the act have the same meanings when used in these rules.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2309** Rescission {#sec-r-299.2309 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2309}

Rule 2309. R 299.2201 to R 299.2298 of the Michigan administrative code, appearing on pages 88 to 95 of volume 3, of the 1999 Michigan administrative code, are rescinded.

PART 2. PERMITS TO DRILL AND OPERATE

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2311** Application for permit to drill and operate general requirements; permits for existing unpermitted wells {#sec-r-299.2311 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2311}

Rule 2311. (1) Except as provided in R 299.2337, a person seeking to drill a well for a use allowed by this part or to convert an existing well to a use allowed by this part shall submit an application to the supervisor of mineral wells before beginning the drilling and operation of a well or the conversion of an existing well.

(2) A person shall comply with all of the following requirements:

(a) A person applying to drill and operate a well shall accurately complete and fill out, sign, and file a written application for a permit to drill on a form prescribed by the supervisor of mineral wells.

(b) A person applying to convert an existing well subject to another act or another part of the act to a use allowed by this part shall accurately complete and fill out, sign, and file a written application for a permit to drill or convert and operate on a form prescribed by the supervisor of mineral wells.

(c) The application required by subdivision (a) or (b) of this subrule shall be submitted to the supervisor of mineral wells at the offices of the Michigan Department of Environmental Quality, Geological and Land Management Division, P.O. Box 30256, Lansing, Michigan 48909, and a copy of the first page of the permit application and cover letter shall be mailed to the clerk of the township and the surface owner of record of the land on which the well is to be located at the same time as submitting the permit application by first-class United States mail addressed to the surface owner's last known address as evidenced by the current property tax roll records.

(d) The well location shall be surveyed by a surveyor licensed in this state, a readily visible stake or marker shall be set at the well location of a new well, and a flagged route shall be established to the well location of a new well except as provided in R 299.2316(b).

For existing wells, if a survey is available which accurately depicts the well site and surrounding area, then a new survey is not required.

(e) The survey required by subdivision (d) of this subrule shall include a plat that shows all of the following except as provided in R 299.2316(b):

(i) The well location and bottom hole location description.

(ii) A flagged route or explanation of how the well location may be reached.

(iii) Footages from the nearest section lines, nearest quarter section, and nearest property lines. In areas where surveyed sections do not exist, distances from the nearest private claim lines or latitude and longitude of the well location.

(iv) Information relative to the approximate distances and directions from the stake or marker to special hazards or conditions, including all of the following:

(A) Surface waters and other environmentally sensitive areas within 1,320 feet of the proposed well. Environmentally sensitive areas are identified by the department pursuant to applicable state and federal laws and regulations.

(B) Floodplains associated with surface waters within 1,320 feet of the proposed well.

(D) Natural rivers, as identified by sections 30501 to 30515 of the act, within 1,320 feet of the proposed well.

(E) Critical dune areas, as designated by sections 35301 to 35326 of the act, within 1,320 feet of the proposed well.

(F) Threatened or endangered species, as identified by sections 36501 to 36507 of the act, within 1,320 feet of the proposed well.

(G) All buildings, recorded fresh water wells and reasonably identifiable fresh water wells used for human consumption, public roads, railroads, pipelines, and power lines or other man-made features that lie within 600 feet of the proposed well location, but not including proprietary information relating to manufacturing processes.

(H) All public water supply wells identified as type I and IIa that lie within 2,000 feet of the proposed well location and type IIb and III that lie within 800 feet of the proposed well location, as defined in 1976 PA 399, MCL 325.1101 et seq.

(I) Identification of the existing local zoning designation of the surface location of the well.

(f) One signed and sealed copy of the survey, on a form prescribed by the supervisor of mineral wells, shall be filed with an application required in subdivision (a) or (b) of this subrule.

(g) If the proposed well is located in or will impact any areas described in subdivision(e)(iv)(A) or (B) of this subrule, a person shall file for and obtain all applicable permits from the department before developing the well site or access to the well site or before drilling of the well. The person shall also file for and obtain any additional permits required before the installation of flow lines or production equipment or before operating the well.

(h) A person shall file an environmental impact assessment on a form prescribed by the supervisor of mineral wells.

(i) A person shall file an organization report if a current organization report is not on file with the supervisor of mineral wells.

(j) A person shall file a conformance bond as provided by R 299.2330.

(k) A person shall pay the fee as specified by statute. A fee filed with an application shall not be applied to a subsequent application. The fee shall be returned if a permit is not issued.

(3) Except as provided in R 299.2337, within 1 year after the effective date of these rules, an owner of an existing well for which no permit has been issued shall submit an application for a permit to drill and operate as required in subrule (1) of this rule.

(4) A permit to drill and operate does not transfer, assign, or convey any interest in real estate.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2312** Application for permit to drill and operate a disposal well; additional requirements {#sec-r-299.2312 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2312}

Rule 2312. A person seeking to drill a disposal well or to convert a previously drilled well to a disposal well shall submit, in addition to the information specified in R 299.2311, all of the following information with an application:

(a) A map showing all of the following information:

(i) The location and total depth of the proposed well.

(ii) Each abandoned, active, or permitted well and dry hole subject to this part or part 615 of the act within the area of review of the proposed well location.

(iii) The surface owner of the land on which the proposed well is to be located.

(iv) Each operator of an active well subject to this part or part 615 of the act within the area of review of the proposed well.

(b) If a well is proposed to be converted to a disposal well, a copy of a diagram of the current completion configuration together with geophysical logs.

(c) Available plugging records of all abandoned wells and casing, sealing, and completion records of all other wells and artificial penetrations within the area of review of the proposed well location and a map identifying all such artificial penetrations. An applicant shall also submit a plan reflecting the steps or modifications believed necessary to prevent proposed injected waste products from migrating up, into, or through inadequately plugged, sealed, or completed wells.

(d) A description of the vertical and areal extent of underground sources of drinking water in the area of review and a summary of the present and potential future use of the waters.

(e) Geologic maps and stratigraphic cross-sections of the local and regional geology.

(f) A calculation of the area of review in the injection interval over the anticipated life of the well, including the equations or method used to perform the calculation.

(g) A discussion of the affect of injection on the present and potential mineral resources in the area of review.

(h) Information to characterize a waste product proposed for injection, including all of the following:

(i) An identification and analysis or estimated composition if an analysis is not available of a waste product proposed for injection, before and after treatment or filtration. However, if the fluid to be injected is fresh water, then an analysis is not required. An analysis for a waste product shall include all of the following parameters:

(A) Specific conductance.

(B) Concentrations of major cations and anions.

(D) Hardness.

(E) pH.

(F) Total dissolved solids.

(G) Total suspended solids.

(H) Fecal coliform concentration, if fecal coliform bacteria are known to be present in the waste.

(ii) If the waste product is not brine from oil and gas operations, then the analysis shall also include any components which may indicate hazardous waste as defined in the act and which the waste product generator has knowledge are present in the waste product.

(iii) If the proposed well is not intended for disposal of hazardous waste, then a statement certifying a waste product is not either of the following:

(A) A hazardous waste as defined in the act.

(B) A hazardous waste as defined by the United States environmental protection agency under 40CFR 261 of the resource conservation recovery act.

(i) Information to characterize the proposed injection zone based on existing information, including all of the following:

(i) The geological name of the stratum or strata making up the injection zone and the top and bottom depths of the injection zone.

(ii) An isopach map showing thickness and areal extent of the injection zone.

(iii) Lithology, grain mineralogy, and matrix cementing of the injection zone.

(iv) Effective porosity of the injection zone including the method of determination.

(v) Vertical and horizontal permeability of the injection zone and the method used to determine permeability. Horizontal and vertical variations in permeability expected within the area of review.

(vi) The occurrence and extent of natural fractures and solution features within the area of review.

(vii) Chemical and physical characteristics of the fluids contained in the injection zone porosity and fluid saturations.

(viii) The anticipated bottom hole temperature and pressure of the injection zone and whether these parameters have been affected by past fluid injection or withdrawal.

(ix) Formation fracture pressure, the method used to determine fracture pressure, and the expected direction of fracture propagation.

(x) The vertical distance separating the top of the injection zone from the base of the lowest underground source of drinking water.

(xi) Other information the applicant believes will characterize the injection zone.

(j) Information to characterize the proposed confining zone based on existing information, including all of the following:

(i) The geological name of the stratum or strata making up the confining zone and the top and bottom depths of the confining zone.

(ii) An isopach map showing thickness and areal extent of the confining zone.

(iii) Lithology, grain mineralogy, and matrix cementing of the confining zone.

(iv) Effective porosity of the confining zone including the method of determination.

(v) Vertical and horizontal permeability of the confining zone and the method used to determine permeability. Horizontal and vertical variations in permeability expected within the area of review.

(vi) The occurrence and extent of natural fractures and solution features within the area of review.

(vii) Chemical and physical characteristics of the fluids contained in the confining zone porosity and fluid saturations.

(viii) Formation fracture pressure, the method used to determine fracture pressure, and the expected direction of fracture propagation.

(ix) The vertical distance separating the top of the confining zone from the base of the lowest underground source of drinking water.

(x) Other information the applicant believes will characterize the confining zone.

(k) Calculations demonstrating injection of liquids into the proposed injection zone will not exceed the fracture pressure gradient and information showing injection into the proposed geological strata will not initiate fractures through the confining zone.

Calculations showing the anticipated dispersion, diffusion, and displacement of injected fluids and behavior of transient pressure gradients in the injection zone during the anticipated life of the well.

(l) Proposed operating data, including all of the following data:

(i) The daily injection rates and pressures.

(ii) A plan for conducting mechanical integrity tests as required by R 299.2391 and R 299.2393.

(iii) The methods to be used for transporting waste to the disposal well.

(iv) Proposed procedures to ensure safe storage of waste products at the surface before injection.

(m) A list of all operators subject to this Part and Part 615 and certification that the applicant for a well has notified all operators by first class mail of the applicant's intention to drill a disposal well which will do either of the following:

(i) Dispose of waste products into a zone that would likely constitute or is known to be within a producing oil or gas pool or natural brine pool.

(ii) Drill through an existing oil, gas, or natural brine pool or gas storage field. If within 21 days after the mailing date a substantive objection is filed with the supervisor of mineral wells by an operator, then a hearing shall take place under part 13 of these rules before an application may be granted.

(n) A proposed plugging and abandonment plan.

(o) If the well is to be a multisource commercial hazardous waste disposal well.

(p) A schematic diagram of the well bore showing the proposed arrangement of the downhole well equipment and specifications of the downhole well equipment.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2313** Application for permit to drill and operate a storage well; additional requirements {#sec-r-299.2313 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2313}

Rule 2313. An applicant to drill a storage well or to convert a previously drilled well to a storage well shall submit, in addition to the information specified in R 299.2311 and R 299.2312, all of the following information with an application:

(a) The name and chemical formula of the product to be stored, and a characterization of the physical, chemical, and hazardous or toxic properties of the product.

(b) The anticipated vertical and horizontal dimensions and volume of the completed underground storage cavity.

(d) The method to be used to create the underground storage cavity.

(e) The name of the geological stratum in which the underground storage cavity will be created.

(f) A schematic diagram of the well bore showing the proposed arrangement and specifications of the downhole well equipment.

(g) If the underground storage cavity is to be formed by solution mining bedded salt, then all of the following information shall be included:

(i) The plan for disposal of brine produced during solution mining of the underground storage cavity and for the operating life of the underground storage cavity.

(ii) The expected starting and ending dates of the solution mining.

(h) The range of anticipated operating pressures of the underground storage cavity.

(i) The anticipated range of operating injection pressure.

(j) The proposed method of displacing stored product.

(k) A plan for testing the mechanical integrity of the underground storage cavity as provided in R 299.2392 and R 299.2393.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2314** Application for permit to drill and operate a well for production of artificial brine; additional requirements {#sec-r-299.2314 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2314}

Rule 2314. An applicant to drill and operate a brine well for production of artificial brine or to convert a previously drilled well to a well for production of artificial brine shall submit, in addition to the information specified in R 299.2311, all of the following proposed information with an application:

(a) If the well will be drilled into an existing cavern, the number of wells in the cavern, the present extent of the cavern, and the purpose of the proposed well.

(b) The name of the geological stratum or strata to be mined, the top and bottom depths of the mined zone, the gross and net mineable thickness, and the mineral or minerals to be recovered by solution mining.

(d) A sketch showing the extent of the planned mine area.

(e) The geological strata to be left in place for roof support.

(f) A diagram showing the well bore with the proposed casing program and its relationship to the stratum or strata to be mined.

(g) A plan for conducting subsidence monitoring as required in R 299.2407 or a rationale for not conducting subsidence monitoring.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2315** Application for a permit to drill and operate a test well; additional requirements {#sec-r-299.2315 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2315}

Rule 2315. An applicant to drill and operate or to convert a previously drilled well to a test well that penetrates below the deepest fresh water stratum or is more than 250 feet in depth, shall submit, in addition to the information specified in R 299.2311, all of the following information with an application:

(a) The purpose of the well.

(b) A proposed plugging procedure and plugging schedule.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2316** Application for blanket test well permit; additional requirements {#sec-r-299.2316 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2316}

Rule 2316. An applicant to drill 1 or more test wells that do not penetrate below the deepest fresh water stratum and are 250 feet or less in depth shall submit, in addition to the information specified in R 299.2311, all of the following information with an application:

(a) The purpose of the drilling project.

(b) A listing of the well locations and well names and numbers, identifying distances from the nearest section lines or latitude and longitude coordinates, and identification of the method used to determine well locations.

(d) The anticipated number of wells in the project.

(e) The anticipated beginning and ending dates of the drilling project.

(f) A proposed plugging procedure and plugging schedule.

(g) The proposed borehole testing and geophysical logging procedure.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2317** Application for permit to directionally drill a well; additional requirements {#sec-r-299.2317 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2317}

Rule 2317. An applicant to directionally drill a well shall submit, in addition to the information specified in R 299.2311, a directional drilling diagram showing all of the following:

(a) The depth at which deviation from vertical is planned.

(b) The angle and path of each deviation.

(d) The proposed measured and true vertical depths.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2318** Issuance of permit to drill and operate a well; posting of permit {#sec-r-299.2318 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2318}

Rule 2318. (1) The application for a well shall be processed under this rule and the supervisor of mineral wells shall issue or deny a permit to drill and operate under section 62509 of the act.

(2) Upon receipt of an application for a permit, the supervisor of mineral wells or authorized representative of the supervisor of mineral wells shall have not more than 60 days to review the application to determine if the application is accurate and administratively complete.

(3) If the application is determined to be inaccurate or incomplete, then the supervisor of mineral wells or authorized representative of the supervisor of mineral wells shall provide the applicant, within the 60-day period, with a notice that the application is inaccurate or incomplete and what changes or additional information shall be submitted. Upon receipt of the requested information, the supervisor of mineral wells or authorized representative of the supervisor of mineral wells shall have not more than 30 additional days to review the information to determine if the application is accurate and administratively complete.

(4) Upon completion of the review process, if a public hearing is not held, the supervisor of mineral wells or authorized representative of the supervisor of mineral wells shall issue or deny the permit application within 11 business days, as provided in section 62509 of the act.

(5) If a public hearing is conducted, the supervisor of mineral wells or authorized representative of the supervisor of mineral wells shall issue or deny the permit within 11 business days following review of the evidence gathered at the hearing.

(6) A determination of administrative completeness does not mean that additional information may not be required from the applicant as a result of new circumstances that come to the attention of the supervisor of mineral wells.

(7) Under R 299.2324, the supervisor of mineral wells shall not issue a permit to a person or an authorized representative of a person if the person is not eligible for a permit.

(8) A person shall receive and post the permit in a conspicuous place at the well location.

The permit shall remain posted at the well location until drilling completion.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2319** Directional redrilling {#sec-r-299.2319 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2319}

Rule 2319. (1) A permittee of a well, which has reached drilling completion, who desires to directionally redrill the well to a bottom hole location which is less than 165 feet from the existing bottom hole location, shall file an application to change well status as required in R 299.2384.

(2) If a permittee of an existing well desires to directionally redrill the well to a new bottom hole location that is more than 165 feet from the current location, then all of the following shall apply:

(a) The permittee shall file an application for a new permit. The application shall describe the new bottom hole location and identify the plug-back depth of the existing well. The application shall be filed under R 299.2311.

(b) If the well has reached drilling completion, but the drilling rig is still on location, a permittee may obtain approval to begin redrilling by contacting the supervisor of mineral wells or the authorized representative of the supervisor of mineral wells in person, or by telephone, and providing pertinent details of the proposed directional redrilling. Approval may be granted immediately if both of the following conditions are met:

(i) The existing drilled hole is plugged back before starting the new directional hole, as provided by these rules, if plugging back is required by the supervisor of mineral wells.

(ii) The well has adequate bonding as required in R 299.2332.

(c) If approval to directionally redrill a well is granted, the permittee shall file an application for a new permit to drill and operate and pay an additional fee within 5 business days at the offices of the Michigan Department of Environmental Quality, Geological and Land Management Division, P.O. Box 30256, Lansing, Michigan 48909. In addition to other enforcement actions, failure to comply with this subrule shall be cause for immediate suspension of any or all components of the operations of the well. A permittee of a well who desires to directionally redrill an existing well to a different bottom hole location that is more than 165 feet from the current bottom hole location shall file an application for a new permit. The application shall describe the new bottom hole location and identify the plug-back depth of the existing well and shall be filed under R 299.2311. The directional redrilling shall not begin until the application is approved by the supervisor of mineral wells or authorized representative of the supervisor of mineral wells, except as provided in this subrule. A new permit and an additional fee shall be required.

(3) Records as required in R 299.2369 to R 299.2372 and the plugging record shall be filed on the plugged-back hole as provided by these rules.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2320** Public hearings on storage and disposal wells {#sec-r-299.2320 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2320}

Rule 2320. If the supervisor of mineral wells determines the public safety or other interests of concern to the public are involved, or a person who has standing and is directly concerned with the proposed permit, files a written request or petition which alleges that the public safety or other interest is involved, then the supervisor of mineral wells may schedule and conduct a public hearing to receive evidence to determine if a permit should be denied. The hearing may be conducted under part 13 of these rules.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2321** Notice of application to drill; advance notice of intent to drill {#sec-r-299.2321 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2321}

Rule 2321. An applicant to drill a storage or disposal well may be required to furnish adequate advance notice of the application to drill either by publication in a newspaper of general circulation in the area, or by first-class mail, or both, to property owners within the area of review of the proposed well or within such adjacent area as required by the supervisor of mineral wells.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2322** Lost holes {#sec-r-299.2322 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2322}

Rule 2322. (1) A permittee of a well shall obtain approval to skid a rig or move to start a new hole if a hole has been lost. A new permit or additional fee is not required if the new well location is within 165 feet of the lost hole.

(2) A permittee of a well may obtain approval for skidding a rig or moving to a new well location because of a lost hole from the authorized representative of the supervisor of mineral wells in person or by telephone. Approval may be granted immediately if all of the following provisions are complied with:

(a) The lost hole is plugged before starting the replacement hole as provided by the provisions of these rules.

(b) The new well location is a safe distance from the lost hole.

(d) An amended application, which identifies the new well location, is filed within 5 business days at the offices of the Michigan Department of Environmental Quality, Geological and Land Management Division, P.O. Box 30256, Lansing, Michigan 48909.

In addition to other enforcement actions, failure to comply with this subrule shall be cause for suspension of any or all components of the operations on the well.

(e) Records as required in R 299.2369 to R 299.2372 and well plugging records are filed on all lost holes as provided by the provisions of these rules.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2323** Conversion of well to use allowed under part 615 of the act {#sec-r-299.2323 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2323}

Rule 2323. (1) An applicant seeking to convert a well drilled under this part to a use allowed under part 615 of the act shall apply for and obtain a permit as provided in that part.

(2) Upon issuance of the permit under part 615 of the act, a permit issued under this part of the act shall terminate and be without force and effect.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2324** Eligibility for permit {#sec-r-299.2324 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2324}

Rule 2324. The supervisor of mineral wells shall not issue or transfer a permit, other than as provided by R 299.2325(3) and (4), to a person who is in violation of any of the following:

(a) This part.

(b) These rules.

(d) Instructions of the supervisor of mineral wells.

(e) Orders of the supervisor of mineral wells.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2325** Modification of permits; deepening permits; change of ownership {#sec-r-299.2325 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2325}

Rule 2325. (1) A permittee of a well who has not initiated drilling of a well shall not change the well location by more than 165 feet, the method of drilling, casing, and sealing programs, or other conditions of the permit without the approval of the supervisor of mineral wells or authorized representative of the supervisor of mineral wells. To receive approval, the permittee shall return the permit to the Lansing office of the supervisor of mineral wells together with a revised application with corrected attachments and supplements. If the permittee only requests a modification of the existing permit conditions, then an additional fee is not required. Drilling shall not begin until the revised permit has been approved by the supervisor of mineral wells or authorized representative of the supervisor of mineral wells and posted at the drilling site.

(2) A permittee of a well who begins the drilling of a well and encounters drilling problems or other drilling conditions that necessitate a change shall not change the method of drilling, casing, and sealing programs, or other conditions of the permit without the approval of the supervisor of mineral wells or authorized representative of the supervisor of mineral wells. To receive approval to modify an existing permit condition only, the permittee shall contact the supervisor of mineral wells or authorized representative of the supervisor of mineral wells by letter, telephone, or visit and explain the drilling circumstances and request the necessary changes to the permit. The supervisor of mineral wells or authorized representative of the supervisor of mineral wells may give verbal approval to modify the permit with conditions for additional reporting requirements by the permittee. If approval to modify an existing permit is granted, then the revised application and corrected attachments and supplements shall be filed, within 5 business days, at the offices of the Michigan Department of Environmental Quality, Geological and Land Management Division, P.O.Box 30256, Lansing, Michigan 48909. An additional permit fee is not required.

(3) If a permittee of a well conveys his or her rights as an owner of a well to another person, or ceases to be the authorized representative of the owner of a well, before final completion, then a request for the transfer of the permit to the acquiring person shall be submitted by the acquiring person to the supervisor of mineral wells at the offices of the Michigan Department of Environmental Quality, Geological and Land Management Division, P.O. Box 30256, Lansing, Michigan 48909, on forms as prescribed by the supervisor of mineral wells. The transfer of the permit may be approved upon receipt of a properly completed request, including the signatures of the permittee of record and the acquiring person, and upon the filing by the acquiring person of the conformance bond as required by R 299.2330. Pending the transfer of the existing permit, the acquiring person shall not operate the well. The acquiring person shall be required to file an organization report under R 299.2311(2)(j).

(4) A permit for a well shall not be transferred to a person who is in violation of any of the following, until the person has corrected the violation or the supervisor of mineral wells has accepted a compliance schedule and a written agreement has been reached to correct the violations:

(a) This part.

(b) These rules.

(d) Instructions of the supervisor of mineral wells.

(e) Orders of the supervisor of mineral wells.

(f) An order of the department. An additional conformance bond covering the period of the compliance schedule may be required. The conformance bond shall be in addition to the conformance bonds filed under R 299.2330.

(5) Before transfer of a permit, the supervisor of mineral wells or authorized representative of the supervisor of mineral wells shall inspect the well and associated surface facilities. If unsatisfactory conditions exist at the well site involved in the transfer, then the permit for a well shall not be transferred to a person until the current permittee has completed the necessary corrective actions or the acquiring person has entered into a written agreement to correct all of the unsatisfactory conditions.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2326** Suspension of operations due to failure to transfer permit {#sec-r-299.2326 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2326}

Rule 2326. If a permittee of a well conveys his or her rights as an owner of a well to another person, or ceases to be the authorized representative of the owner of a well, and a request for transfer of the permit under R 299.2325(3) has not been approved, then, in addition to other enforcement actions, failure to comply shall be cause for immediate suspension of any or all components of the operations on the well.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2327** Termination of permit {#sec-r-299.2327 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2327}

Rule 2327. (1) A permit other than a blanket permit for test wells issued under these rules, or transferred under R 299.2324(3) or rules that were in effect before the effective date of these rules, shall terminate 2 years after the date of issuance, unless the drilling operation has begun and the drilling operation is diligently proceeding or the well is otherwise being used for its permitted purpose. The supervisor of mineral wells may grant an extension of time to begin drilling provided a request for an extension is received by the supervisor of mineral wells.

(2) A blanket permit for test wells shall terminate 2 years after the date of issuance or when the number of wells specified in the application for a permit to drill and operate has reached final completion, whichever comes sooner. The supervisor of mineral wells may grant an extension of time to begin drilling provided a request for an extension is received by the supervisor of mineral wells and provided no drilling has begun.

(3) Terminated permits may not be reactivated or transferred and the permit fee shall not be refunded.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2328** Temporary abandonment status {#sec-r-299.2328 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2328}

Rule 2328. (1) A permittee of a well that has not been used for its permitted purpose during 24 consecutive months or has been tested and found to be unuseable for the purpose for which it was permitted shall plug the well, unless the well is granted temporary abandonment status. Temporary abandonment status shall be allowed only upon written application to, and approval of, the supervisor of mineral wells or authorized representative of the supervisor of mineral wells.

(2) The term of the initial temporary abandonment status shall not be more than 24 months.

(3) Extensions for temporary abandonment status beyond the initial term provided in subrule (2) of this rule may be granted by the supervisor of mineral wells if, after application by the permittee, the supervisor of mineral wells determines that waste shall be prevented. When approving the extensions, the supervisor of mineral wells may require special actions and monitoring by the permittee to ensure the prevention of waste and may require conformance bonding in addition to that required by R. 299.2332.

**History**
- *History: 2004 AACS; 2008 AACS.*

##### **Mich. Admin. Code R 299.2329** Blanket test well permits; number of wells; extent; plugging test wells {#sec-r-299.2329 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2329}

Rule 2329. (1) A blanket test well permit may be issued to drill not more than 200 test wells.

(2) A blanket test well permit is valid only for the county for which the permit is issued.

(3) A test well drilled under a blanket test well permit shall be plugged within 30 days of drilling completion and completion of all proposed well bore testing, except a test well may remain unplugged if the owner has applied for and received temporary abandoned status as required in R 299.2328.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2330** Conformance bond or statement of financial responsibility requirements {#sec-r-299.2330 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2330}

Rule 2330. (1) A person who files an application for a permit to drill and operate a well under R 299.2311, or who acquires a well under R 299.2325(3), shall file a conformance bond with the supervisor of mineral wells on a form prescribed by the supervisor of mineral wells or shall submit a statement of financial responsibility as required in subrule (2) of this rule.

(2) A statement of financial responsibility shall consist of the following:

(a) A written statement which is signed by the person, which lists data that show that the person meets the criteria specified in subrule (3) of this rule, and which states that the data are derived from an independently audited year-end financial statement.

(b) A copy of an independent certified public accountant's report on examination of the person's financial statements for the latest completed fiscal year.

(c) A special report from the person's independent certified public accountant stating that the accountant has compared the data listed in the statement provided under subdivision (a) of this subrule with the amounts in the corresponding year-end financial statement and that nothing came to the attention of the accountant which caused the accountant to believe that the financial records should be adjusted.

(3) If a person submits a statement of financial responsibility instead of a conformance bond, then the person shall meet the criteria of either subdivision (a) or (b) of this subrule, as follows:

(a) A person required to file the statement of financial responsibility shall have all of the following:

(i) Two of the following 3 ratios:

(A) A ratio of total liabilities to net worth of less than 2.0.

(B) A ratio of the sum of net income plus depreciation, depletion, and amortization to total liabilities of more than 0.1.

(C) A ratio of current assets to current liabilities of more than 1.5. Proved mineral reserves may be used in determining current assets only to the extent that the value of the reserves exceeds the projected costs of development and production.

(ii) Net working capital and tangible net worth each of which is not less than 3 times the amount of the conformance bond provided in R 299.2332, if the person had elected to file a conformance bond.

(iii) Total assets in this state that are not less than 3 times the amount of the conformance bond provided in R 299.2332, if the person elected to file a conformance bond. Projected mineral reserves may be used in determining current assets only to the extent that the value of the reserves exceeds the projected costs of development and production.

(iv) A written statement from a certified public accountant which states that no matter came to the attention of the accountant which caused him or her to believe that the financial records should be adjusted.

(b) A person required to file a statement of financial responsibility shall have all of the following:

(i) A current rating for his or her most recent bond issuance of AAA, AA, A, or BBB as issued by Standard and Poor's or AAA, AA, A, or BAA as issued by Moody's.

(ii) A tangible net worth of not less than $2,000,000.00.

(iii) Total assets in this state that are not less than 3 times the amount of the conformance bond provided in R 299.2332, if the person had elected to file a conformance bond.

Projected mineral reserves may be used in determining current assets only to the extent that the value of the reserves exceeds the projected costs of development and production.

(4) A person shall submit a statement of financial responsibility to the supervisor of mineral wells not less than 60 days before the date the financial assurance is scheduled to take effect.

(5) After the initial submission of a statement of financial responsibility, the person shall send an updated statement of financial responsibility to the supervisor of mineral wells within 90 days after the close of each succeeding fiscal year.

(6) If a person no longer meets the requirements of subrule (3) of this rule, he or she shall send notice to the supervisor of mineral wells of the intent to establish alternate financial assurance by filing a conformance bond as specified in subrule (1) of this rule. The notice shall be sent, by certified mail, within 90 days after the end of the fiscal year for which the year-end review of the financial records shows that the person no longer meets the requirements. The person shall provide the alternate financial assurance within 120 days after the end of the fiscal year.

(7) The supervisor of mineral wells may, based on a reasonable belief that the person no longer meets the requirements of subrule (3) of this rule, require a report at any time from the person in addition to the information required by subrule (3) of this rule. If the supervisor of mineral wells finds, on the basis of a review of the report or other information, that the person no longer meets the requirements of subrule (3) of this rule, then the supervisor of mineral wells or authorized representative of the supervisor of mineral wells shall notify and inform the person. Within 30 days of the notification, the person shall provide alternate financial assurance by filing a conformance bond as specified in subrule (1) of this rule or shall bring the well to final completion. Failure to comply with this subrule shall be cause for immediate suspension of any or all components of the operations on the well.

(8) The supervisor of mineral wells may require additional conformance bonds to ensure compliance with orders of the supervisor of mineral wells. The conformance bond shall be in addition to the conformance bonds filed under R 299.2332(a), (b), or (c) and shall be required only if the supervisor of mineral wells determines that the existing conformance bond is not adequate to cover the estimated cost of plugging the well and conducting site restoration or other obligations of the permittee under the order. A person is not required to file additional conformance bonds under this subrule if the person has filed a blanket conformance bond or bonds in an aggregate amount of $400,000.00 or more, under R 299.2332(d). Subject to the provisions of R 299.2333, the additional conformance bond shall be released when the permittee has complied with all provisions of orders of the supervisor of mineral wells.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2331** Liability on conformance bond {#sec-r-299.2331 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2331}

Rule 2331. (1) The liability on the conformance bond is conditioned upon compliance with the act, these rules, permit conditions, instructions, or orders of the supervisor of mineral wells. Subject to the provisions of R 299.2333, liability shall cover all operations of the permittee as follows:

(a) Until transfer of the permit for the subject well under R 299.2325(4).

(b) Until final completion approved by the supervisor of mineral wells of the subject well.

(2) The supervisor of mineral wells shall look to the conformance bond for immediate compliance with, and fulfillment of, the full conditions of the act, these rules, permit conditions, instructions, or orders of the supervisor of mineral wells. All expenses incurred by the supervisor of mineral wells in achievement of compliance with, and fulfillment of, all conditions of the act, these rules, permit conditions, instructions, or orders of the supervisor of mineral wells shall be paid by the permittee or the surety or from cash or securities on deposit. The claim shall be paid within 30 days of notification to the permittee or surety that expenses have been incurred by the supervisor of mineral wells. If the claim is not paid within 30 days, then the supervisor of mineral wells, acting for and on behalf of the state, may bring suit for the payment of the claim.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2332** Conformance bond amounts {#sec-r-299.2332 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2332}

Rule 2332. A person who drills or operates a well shall file a conformance bond with the supervisor of mineral wells for the following amounts, as applicable:

(a) Single well conformance bonds shall be filed in the following amounts, as applicable:

(i) $33,000.00 for a disposal, storage, or brine well.

(ii) For an individual test well:

(A) $5,500.00 for a depth of 0 to 1,000 feet.

(B) $11,000.00 for a depth greater than 1,000 feet to 2,000 feet.

(D) $33,000.00 for a depth greater than 4,000 feet.

(iii) For a blanket test well permit, the following:

(A) $5,500.00 for 1 to 24 wells.

(B) $11,000.00 for 25 to 49 wells.

(D) $22,000.00 for 76 to 200 wells.

(b) Blanket conformance bonds may be filed as an alternative to single well conformance bonds. If a blanket conformance bond is used, then the permittee shall provide the supervisor of mineral wells with a list of wells covered by the blanket conformance bond.

A maximum of 50 brine, storage, disposal, or individual test wells or any combination of these may be covered by a blanket conformance bond. If the permittee has more than 50 wells in a category, then the additional wells may be covered by single well conformance bonds or additional blanket conformance bonds.

Blanket conformance bonds shall be filed in the amount of $440,000.00.

(d) The permittee is not required to file a blanket conformance bond or bonds in an aggregate amount of more than $440,000.00. If the aggregate amount of the conformance bonds is $440,000.00, then the permittee may file 1 blanket conformance bond of $440,000.00 to cover all of his or her wells.

**History**
- *History: 2004 AACS; 2008 AACS.*

##### **Mich. Admin. Code R 299.2333** Liability under conformance bonds issued by a surety {#sec-r-299.2333 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2333}

Rule 2333. A surety company shall retain liability for all violations of the act, these rules, permit conditions, and instructions, or orders of the supervisor of mineral wells that occurred at the well during the time the conformance bond was in effect until the violations have been corrected and the corrections are accepted by the supervisor of mineral wells.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2334** Limitation of additional liability of blanket conformance bonds {#sec-r-299.2334 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2334}

Rule 2334. A surety company may refuse to accept liability for additional wells under a blanket conformance bond by giving 11 days notice by certified mail to the supervisor of mineral wells. The blanket conformance bond shall continue in full force and effect as to all other wells covered by the blanket conformance bond for which permits were granted or transferred to the permittee before the effective date of the notice.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2335** Release of conformance bonds; release of well from blanket conformance bond {#sec-r-299.2335 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2335}

Rule 2335.(1) A conformance bond shall be released or a well shall be released from a blanket conformance bond by the supervisor of mineral wells or authorized representative of the supervisor of mineral wells if the permit for the well has been transferred to a new person as provided by R 299.2325(4) or if the well has been brought to final completion.

(2) The release of the conformance bond or the release of a well from a blanket conformance bond does not release a permittee from liability for any violations of the act, these rules, permit conditions, instructions, or orders of the supervisor of mineral wells which occurred during the time the conformance bond was in effect and which have not been corrected and accepted by the supervisor of mineral wells.

(3) A conformance bond filed to comply with a permit that has become terminated shall be released if there is final completion.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2336** Notice of release of conformance bond or release of well from blanket conformance bond {#sec-r-299.2336 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2336}

Rule 2336. (1) The supervisor of mineral wells or authorized representative of the supervisor of mineral wells shall advise the surety company and the permittee when the conformance bond has been released or a well has been released from a blanket conformance bond.

(2) The supervisor of mineral wells or authorized representative of the supervisor of mineral wells shall return cash to the permittee or securities to the institution that provided the bonding instrument when the conformance bond has been released.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2337** Test wells not subject to this part {#sec-r-299.2337 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2337}

Rule 2337. A test well drilled in an area of the state where rocks of precambrian age directly underlie unconsolidated surface deposits is not subject to R 299.2311, R 299.2315, R 299.2316, R 299.2317, R 299.2318, R 299.2319(1), R 299.2319(3), R 299.2322(1), R 299.2322(2)(e), R 299.2329(1), R 299.2329(2), and R 299.2329(3).

PART 3. LOCATION OF MINERAL WELLS

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2341** Well location; exception {#sec-r-299.2341 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2341}

Rule 2341. (1) Except as provided in subrule 2, the prescribed well location shall comply with all of the following requirements, as applicable:

(a) The well location and associated surface facilities for wells drilled, or constructed, after the effective date of these rules, which is not a replacement or improvement for an existing well or surface facility, shall be located not less than 300 feet from existing recorded fresh water wells and reasonably identifiable fresh water wells utilized for human consumption and existing structures used for public or private occupancy.

(b) Except as provided by 1976 PA 399, MCL 325.1001 et seq., the well separators, storage tanks, and treatment equipment installed or constructed after the effective date of these rules shall be located not less than 2,000 feet from type I and IIa public water supply wells and not less than 800 feet from type IIb and III public water supply wells, as defined in 1976 PA 399, MCL 325.1001 et seq.

(2) The supervisor of mineral wells or authorized representative of the supervisor of mineral wells may issues a permit for a well where the surface location is closer than 300 feet from all existing recorded fresh water wells and reasonably identifiable fresh water wells utilized for human consumption and existing structures used for public or private occupancy under either of the following conditions:

(a) Upon presentation to the supervisor of mineral wells of written consent signed by the owner or owners of all existing fresh water wells and reasonably identifiable fresh water wells utilized for human consumption and existing structures used for public or private occupancy.

(b)The supervisor of mineral wells determines the well location or location of associated surface facilities will prevent waste, protect environmental values, and not compromise public safety after a hearing conducted under part 13 of these rules.

(3) A well shall not be located or drilled to an objective formation which will result in operations incompatible with existing or permitted uses under this part or part 615. An applicant shall demonstrate its operations are not incompatible with those uses.

PART 4. WELL DRILLING AND CONSTRUCTION

**History**
- *History: 2004 AACS; 2008 AACS.*

##### **Mich. Admin. Code R 299.2351** Preventing waste {#sec-r-299.2351 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2351}

Rule 2351. A person who drills a well or wells as described in R 299.2311(1) shall use every reasonable precaution to prevent waste.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2352** Drilling notification {#sec-r-299.2352 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2352}

Rule 2352. Not less than 5 days before preparing the location and not less than 48 hours before moving drilling equipment on location, the permittee shall notify the supervisor of mineral wells or authorized representative of the supervisor of mineral wells and the surface owner when well construction is to begin. Notice may be given verbally or by firstclass United States mail.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2353** Construction of water wells used for drilling or surface facilities {#sec-r-299.2353 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2353}

Rule 2353. (1) A water well that is drilled and used for drinking water purposes during the drilling of the well or retained after drilling completion or final completion shall be drilled as provided by rules promulgated under part 127 of 1978 PA 368, MCL 333.12701 et seq.

(2) A water well that is not to be retained after drilling completion or final completion shall be completed and abandoned as instructed by the supervisor of mineral wells and shall meet all of the following minimum requirements:

(a) Be located not less than 50 feet from drilling mud pits, pipe racks, salt and mud mixing sites, and the wellhead.

(b) Be drilled with chlorinated fresh water.

(c) Be grouted as provided by the well construction and grouting rules contained in the well construction code promulgated under part 127 of 1978 PA 368, MCL 333.12701 et seq.

(d) Geologic records shall be filed with the supervisor of mineral wells on a form prescribed by the supervisor of mineral wells.

(e) The wellhead, including annulus, shall be sealed and a check valve shall be installed in the surface discharge line to prevent contaminants from entering the well.

(f) The well shall be abandoned and plugged as provided by the plugging and abandonment rules contained in the well construction code promulgated under part 127 of 1978 PA 368, MCL 333.12701 et seq.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2354** Use of surface water for drilling {#sec-r-299.2354 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2354}

Rule 2354. (1) Surface water shall not be used for drilling fluid, except as provided in subrule (2) of this rule.

(2) A request to use surface water for drilling a well may be made as part of the application for a permit to drill. The supervisor of mineral wells may approve the use of surface water for drilling a well.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2355** Drilling fluids generally {#sec-r-299.2355 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2355}

Rule 2355. The drilling fluid used for drilling wells described in R 299.2311(1) shall be capable of sealing off and protecting each oil, gas, brine, or fresh water stratum encountered during drilling, and controlling subsurface pressures. The water or brines used in the drilling fluid shall be from a source approved by the supervisor of mineral wells or authorized representative of the supervisor of mineral wells, used under approved safe drilling practices, and tested as instructed by the supervisor of mineral wells, except that only fresh water shall be used in the drilling of the hole for the surface casing. The supervisor of mineral wells or authorized representative of the supervisor of mineral wells may approve the use of fluids other than water for drilling fluids.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2356** Blowout prevention equipment {#sec-r-299.2356 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2356}

Rule 2356. (1) All wells shall be equipped with the following equipment during drilling:

(a) A double ram blowout preventer, including pipe and blind rams, and an annular-type blowout preventer or other equivalent control system as approved by the supervisor of mineral wells or authorized representative of the supervisor of mineral wells.

(b) Accessible controls both on the rig floor and at a safe remote location.

(d) A drill pipe safety valve.

(e) A flow line of the proper size and working pressure.

(f) Blowout prevention equipment that has a rated working pressure which equals or exceeds the maximum anticipated surface pressure of the well.

(2) The blowout preventers shall be installed above ground level. The entire control equipment shall be in good working condition at all times. All outlets, fittings, and connections on the casing, blowout preventers, choke manifold, and auxiliary wellhead equipment that may be subjected to wellhead pressure shall be of a material and construction that will withstand the anticipated pressure. The lines from outlets on or below the blowout preventers shall be securely installed, anchored, and protected from damage.

(3) Blowout preventers, accumulators, and pumps shall be certified as operable under the product manufacturer's minimum operational specifications. Certification shall include the proper operation of the closing unit valving, the pressure gauges, and the manufacturer's recommended accumulator fluids. Certification shall be obtained through an independent company that tests blowout preventers, stacks, and casings. Certification shall be required annually and shall be posted on the rig floor. In addition to the primary closing system, including an accumulator system, the blowout preventers shall have a secondary system. A combination of any 2 of the following secondary closing systems is acceptable:

(a) Electric-operated pump.

(b) Air-operated pump.

(d) Nitrogen-operated pump.

Extensions that have hand wheels are not mandatory. Blowout preventer rams shall be of a proper size for the drill pipe being used or production casing being run in the well or shall be variable-type rams that are of the proper size range.

(4) Blowout prevention equipment shall be tested to a pressure commensurate with the expected formation pressure, but not less than 1,000 psig at surface for not less than 20 minutes, before drilling the plug on the surface casing, intermediate casing, and the production casing and before encountering all high-pressure formations and at other intervals as approved or requested by the supervisor of mineral wells. If requested, an authorized representative of the supervisor of mineral wells shall be notified before the commencement of a test. A record of each test, including test pressures, times, failures, and each mechanical test of the casings, blowout preventers, surface connections, surface fittings, and auxiliary wellhead equipment shall be entered in the logbook, signed by the driller, and kept available for inspection by the supervisor of mineral wells or authorized representative of the supervisor of mineral wells.

(5) A trip tank, or an accurate drilling fluid monitoring system, and a gas buster and flare system shall be in place when penetrating the A2 Carbonate or any known or suspected overpressured formations. Permission to change or modify the requirements specified in this subrule may be granted by submitting a written request to the supervisor of mineral wells or authorized representative of the supervisor of mineral wells. The requirements may be changed or modified only after submission of a written request and receipt of written approval from the supervisor of mineral wells or authorized representative of the supervisor of mineral wells.

(6) An exception to all or part of this rule may be granted by the supervisor of mineral wells or authorized representative of the supervisor of mineral wells when drilling in shallow low-pressure formations. The supervisor of mineral wells or authorized representative of the supervisor of mineral wells may grant an exception upon receipt of an application for a permit that is accompanied by a written request and supportive data.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2357** Drilling mud pits {#sec-r-299.2357 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2357}

Rule 2357. (1) The supervisor of mineral wells shall prohibit the use of a drilling mud pit if it is determined that the mud pit causes waste.

(2) Drill cuttings, muds, and fluids shall be confined by a pit, tank, or container which is of proper size and construction and which is located as approved by the supervisor of mineral wells or authorized representative of the supervisor of mineral wells.

(3) Only tanks shall be utilized while drilling a well that is located in an area zoned residential before the effective date of these rules. The supervisor of mineral wells may grant an exception if the applicant or permittee makes a request for an exception as part of the written application for a permit. The supervisor of mineral wells may grant an exception if an applicant or permittee satisfactorily demonstrates that a municipal water system is utilized or required to be utilized.

(4) Drilling mud pits shall be located and plotted as instructed by the supervisor of mineral wells. Before construction of the mud pit, a permittee shall demonstrate to the supervisor of mineral wells or authorized representative of the supervisor of mineral wells that there is not less than 4 feet of vertical isolation between the bottom of the pit and the uppermost groundwater level. The bottom of the liner shall not be installed within the observed groundwater level as determined while excavating the pit. If groundwater is encountered during or before construction of the pit, then the permittee shall select 1 of the following options and obtain the approval for the option from the supervisor of mineral wells or authorized representative of the supervisor of mineral wells:

(a) The pit shall be designed and constructed so the bottom of the pit is not less than 4 feet above the groundwater level.

(b) The pit shall be designed and constructed so the bottom of the pit is above the groundwater level, but less than 4 feet above the groundwater level. During encapsulation the pit contents shall be solidified using a method approved by the supervisor of mineral wells, except as provided in subrule (9) of this rule.

(c) The pit shall be relocated at the well site as approved by the supervisor of mineral wells or authorized representative of the supervisor of mineral wells.

(d) Tanks shall be used, and drilling muds disposed of, at an approved off-site location.

(5) Drilling mud pits shall be constructed as instructed by the supervisor of mineral wells and shall comply with both of the following minimum requirements:

(a) Pits shall be constructed with rounded corners and side slopes of not less than 20 degrees measured from the vertical.

(b) The bottom and sides of the pit shall be free of objects that could penetrate the liner.

(6) Drilling mud pits shall be lined as instructed by the supervisor of mineral wells and shall comply with all of the following minimum requirements:

(a) Pits shall be lined with 20-mil virgin polyvinyl chloride liners as approved by the supervisor of mineral wells or with other liners that meet or exceed the 20-mil virgin polyvinyl chloride liner requirement.

(b) Ample liner material shall be installed in a manner to allow for sags and material loading to reduce stress on the liner and allow for a minimum 11-foot flat apron on all sides, including enough liner material to underlay the drilling mud tank, salt washer, and shale shaker.

(c) The bottom of the lined pit shall be weighted with earthen material or water before anchoring the ends of the liner on the surface or placing drilling muds in the pit.

(d) Ripping, tearing, puncturing, or other destruction of a liner that may cause loss of fluids is prohibited.

(e) Liner field seams are prohibited, except for liner field seams that result from failures in the liner due to abrasion or accidental perforation, which shall be immediately repaired in the field using the manufacturer's recommended procedures.

(7) Drilling mud pits shall be utilized as instructed by the supervisor of mineral wells and shall comply with all of the following minimum requirements:

(a) Solid salt cuttings shall not be released to in-ground drilling mud pits. Solid salt cuttings obtained while drilling shall be collected in a container at the shale shaker and either diverted to a device that will result in the dissolving of the solid salt cuttings and the proper disposal of the resultant brine under R 299.2425 or removed from the drilling site to a licensed disposal facility.

(b) Only the following may be placed in a lined pit:

(i) Water-based drilling muds generated or utilized while drilling with a fresh water drilling fluid.

(ii) Drilling fluids generated or utilized while drilling with a fresh water drilling fluid.

(iii) Cuttings obtained while drilling with a fresh water drilling fluid.

(iv) Cuttings and the solid fraction of drilling muds generated or used while drilling with other than a fresh water drilling fluid, other than drill cuttings prohibited by subdivision (a) of this subrule, if the cuttings and the solid fraction of drilling muds do not contain free liquids as determined by the United States Environmental Protection Agency, Paint Filter Liquids Test, Method 9095, September 1986 Edition, which is adopted by reference in these rules. Copies are available for inspection at the Lansing Office of the Geological and Land Management Division of the Department of Environmental Quality.

Copies may be obtained without charge as of the time of adoption of these rules from the Michigan Department of Environmental Quality, Geological and Land Management Division, P.O. Box 30256, Lansing, Michigan 48909, or from the United States Environmental Protection Agency, Office of Research and Development, 26 West Martin Luther King Boulevard, Cincinnati, Ohio 45268. A permittee shall provide the necessary equipment at the site of the drilling rig to perform the paint filter liquids test.

(v) Water-based drilling muds and entrained cuttings, other than drill cuttings prohibited by subdivision (a) of this subrule, which are generated or utilized while drilling with other than a fresh water drilling fluid, which contain weighting materials or lost circulation materials, and which cannot reasonably be treated to eliminate free liquids as determined by the paint filter liquids test identified in paragraph (iv) of this subdivision, if approved by the supervisor of mineral wells or authorized representative of the supervisor of mineral wells.

(vi) Native soils.

(vii) Cementing materials.

(viii) Stiffening or solidification materials approved by the supervisor of mineral wells.

(8) If a drilling mud pit is not closed immediately after reaching drilling completion, then a permittee of a well shall fence the perimeter of the drilling mud pit as soon as practical after drilling completion, but not later than 30 days after drilling completion, to prevent public access.

(9) A permittee of a well shall close a drilling mud pit as instructed by the supervisor of mineral wells and be in compliance with all of the following minimum requirements:

(a) All free liquids above the solids in the pit shall be removed to the maximum extent practical and disposed of in an approved disposal well or used in a manner approved by the supervisor of mineral wells.

(b) A permittee of a well shall, before encapsulation, test the fluids and cuttings remaining in the pit to determine the concentrations of chloride and total petroleum hydrocarbons and provide certification to the supervisor of mineral wells or authorized representative of the supervisor of mineral wells of the test results, except that a permittee is not required to test the fluids and cuttings remaining in the pit for chloride and total petroleum hydrocarbons if the well was drilled with water from a source approved by the supervisor of mineral wells and if, during the drilling operation, liquid hydrocarbons were not encountered. If the testing reveals chloride concentrations in excess of 500 PPM or total petroleum hydrocarbon concentrations in excess of 11,000 PPM, then the pit contents shall be excavated and disposed of in a licensed disposal facility. The excavation shall be filled with clean fill material, graded to original ground grade level and seeded.

(i) The pit shall be encapsulated and buried as soon as practical after drilling completion, but not more than 6 months after drilling completion.

(ii) The contents shall be stiffened before encapsulation, except as provided in subrule (4)(b) of this rule. Earthen materials shall be mixed with the pit contents to stiffen the pit contents sufficiently to provide physical stability and support for the pit cover. An alternative pit stiffening process approved by the supervisor of mineral wells may be used at the option of a permittee or if required by the supervisor of mineral wells.

(iii) Apron edges of the liner shall be folded over the pit proper.

(iv) The drilling mud pit shall be totally covered with a separate piece of material that meets or exceeds the specifications of a 20-mil virgin polyvinyl chloride cover as approved by the supervisor of mineral wells. The cover shall extend beyond the outer edges of the pit to cover and entirely encapsulate the pit and shall be sloped to provide surface drainage away from the pit.

(11) The drilling mud pit shall be buried not less than 4 feet below the original ground grade level.

(11) A test well that does not penetrate below the deepest fresh water aquifer shall comply with both of the following requirements:

(a) Subrule 7(c) of this rule.

(b) Within 6 months following drilling completion, the drilling mud pit for a test well that does not penetrate below the deepest fresh water aquifer shall be filled with clean fill material or native materials and graded to original ground grade level.

(12) A test well that does not penetrate below the deepest fresh water aquifer is exempt from all other provisions of this rule except subrule (11).

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2358** Mud gas separator; burning of gas generated by mud gas separator; incinerator or flare installation; hydrogen sulfide concentration determination {#sec-r-299.2358 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2358}

Rule 2358.(1) All of the following provisions apply to rotary drilling operations :

(a) If a gas kick occurs, all returning drilling fluid shall be circulated through a mud gas separator.

(b) All gas separated from the drilling fluid by the mud gas separator shall be routed to a properly engineered incinerator or flare that has an elevated discharge to the atmosphere and shall be burned unless the supervisor of mineral wells has approved an alternative method for handling the gas.

(c) If gas is routed to the incinerator or flare from the mud gas separator, then the hydrogen sulfide content of the gas shall be determined by a permittee or the permittee's representative. The determination shall be made using colorimetric or length of stain tubes or other equipment designed to measure hydrogen sulfide concentrations and shall utilize a procedure approved by the supervisor of mineral wells or authorized representative of the supervisor of mineral wells. The results of the determination shall be entered into the driller's log.

(2) Both of the following provisions apply to cable tool drilling:

(a) All gas separated from other fluids shall be routed to a properly engineered flare or incinerator that has an elevated discharge to the atmosphere and shall be burned.

(b) If gas is routed to the incinerator or flare, then the hydrogen sulfide content of the gas shall be determined by a permittee or the permittee's representative. The determination shall be made using colorimetric or length of stain tubes or other equipment designed to measure hydrogen sulfide concentrations and shall utilize a procedure approved by the supervisor of mineral wells or authorized representative of the supervisor of mineral wells. The results of the determination shall be entered into the driller's log.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2359** Surface casing {#sec-r-299.2359 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2359}

Rule 2359. (1) Surface casing shall be set a minimum of 100 feet below the base of the glacial drift into competent bedrock and 100 feet below all fresh water strata.

(2) Surface casing shall be cemented as provided by R 299.2362 and shall be circulated to the surface. If the cement falls back or fails to circulate to the surface, then the open annulus space shall be sealed with cement or other equivalent materials approved by the supervisor of mineral wells or authorized representative of the supervisor of mineral wells before resuming drilling.

(3) Hole size for surface casing shall be as specified in R 299.2361(4).

(4) A test well that does not penetrate below the deepest fresh water stratum is exempt from this rule.

Editor's Note: An obvious error in R 299.2359 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Annual Administrative Code Supplement, 2004. The memorandum requesting the correction was published in Michigan Register, 2015 MR 22.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2360** Wells drilled with cable tools {#sec-r-299.2360 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2360}

Rule 2360. Wells drilled with cable tools shall have the innermost string of casing equipped with a high-pressure master gate valve, flow line assembly, control head with oil saver, bottle with hydraulic lubricator, or other combination of equipment approved by the supervisor of mineral wells or authorized representative of the supervisor of mineral wells. All of the equipment shall be anchored to the surface casing or another casing string before drilling into or through a stratum known to contain or likely to contain oil or gas. The wellhead equipment and casing to be installed to keep a well under control shall be pressure-tested commensurate to formation pressures, shall be in good working order when installed, shall be maintained in good working order throughout its use on the well, and shall be capable of being equipped with a bottle or lubricator, or both, when this method of control is necessary. The annulus shall be sealed with a bradenhead or other approved equipment that has a connection and valve for monitoring. A test well that does not penetrate below the deepest fresh water aquifer is exempt from this rule.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2361** Casing other than surface casing {#sec-r-299.2361 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2361}

Rule 2361. (1) A person who drills a well or causes a well to be drilled under R 299.2311 or rules that were in effect before the effective date of these rules shall case the well in a manner approved by the supervisor of mineral wells to prevent waste.

(2) In addition to the surface casing, the supervisor of mineral wells may require or order a string of casing to be run to seal off any of the following:

(a) A potentially productive oil or gas zone, or both.

(b) A lost circulation zone.

(d) A storage field.

(e) A high-pressure zone.

(f) A reservoir undergoing secondary recovery.

(g) A disposal or injection zone and the confining layer above the disposal or injection zone.

(3) All casing, except for casing set under R 299.2364, shall be of sufficient weight, grade, and condition to have a designed minimum internal yield of 1.2 times the greatest expected well bore pressure to be encountered.

(4) For the purpose of proper sealing of wells and the prevention of waste, the minimum hole size for a given casing shall be as shown in Table 2361:

TABLE 2361

MINIMUM HOLE SIZE CASING SIZE MINIMUM HOLE

SIZE OUTSIDE DIAMETER (O.D.) OUTSIDE INCHES DIAMETER - INCHES

UP TO 7 O.D. CASING O.D. + 1 1/2 MORE THAN 7 O.D. CASING O.D. + 2 MORE

THAN 11 3/4 O.D. CASING O.D. + 3

An exception to the minimum hole size as shown in Table 2361 may be granted by the supervisor of mineral wells or authorized representative of the supervisor of mineral wells, upon a written request by the permittee or applicant, if it is determined that the proposal provides proper sealing of the well. The supervisor of mineral wells or authorized representative of the supervisor of mineral wells may require a larger hole size for the surface hole than the size shown in Table 2361 in order to prevent waste.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2362** Cementing {#sec-r-299.2362 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2362}

Rule 2362. Well casing shall be cemented by the pump and plug method or by a method approved by the supervisor of mineral wells and allowed to set undisturbed at static balance with the casing in tension, with surface pressure released, and with no backflow until the tail-in slurry reaches 500 psi compressive strength, but for not less than 12 hours; however, if backflow occurs, then the surface pressure shall not be released. The cement mixture shall be of a composition and volume approved by the supervisor of mineral wells or authorized representative of the supervisor of mineral wells. The casing shall be pressuretested before the cement plugs are drilled or the casing perforated. The pressure at the top of the cement shall be equal to the expected operating pressure of the well; however, the test pressure shall not exceed the API specification for hydrostatic test pressure for new casing, API specification 5CT, specification for casing and tubing, April 1995, Fifth Edition, which is adopted by reference in these rules. Copies are available for inspection at the Lansing Office of the Geological and Land Management Division of the Department of Environmental Quality. Copies may be obtained from the Michigan Department of Environmental Quality, Geological and Land Management Division, P.O. Box 30256, Lansing, Michigan 48909, at a cost as of the time of adoption of these rules of $42.00 each, and from the American Petroleum Institute, 1220 L Street NW, Washington, DC 20050, at a cost as of the time of adoption of these rules of $42.00 each.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2363** Stripping of casing {#sec-r-299.2363 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2363}

Rule 2363. (1) A permittee of a well shall not pull or strip a string of casing from a well, except under the following circumstances:

(a) Provision is made for the removal of casing in the casing and sealing program specified in the application for a permit to drill and operate.

(b) Casing is pulled and reset in the same stratum to obtain a satisfactory casing seat.

(c) A well is being plugged back or is being plugged to the surface under the change of well status provided in R 299.2384 or the plugging instructions in R 299.2433.

(2) A permittee of a well shall seal the annular space left open and the stratum exposed by the approved pulling and stripping of casing in a manner approved by the supervisor of mineral wells or authorized representative of the supervisor of mineral wells.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2364** Casing liners {#sec-r-299.2364 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2364}

Rule 2364. A permittee shall cement a casing liner and shall ensure the cement is circulated above the top of the liner or to a point approved by the supervisor of mineral wells.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2365** Requests for exceptions to R 299.2356 to R 299.2364 {#sec-r-299.2365 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2365}

Rule 2365. The supervisor of mineral wells may grant exceptions to R 299.2356 to R 299.2364, if the rules are not necessary to prevent waste or provide for the protection or safety of the public or workers. A request for an exception shall be submitted in writing to the supervisor of mineral wells.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2366** Elevations; well depth measurements {#sec-r-299.2366 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2366}

Rule 2366. (1) Drilling reference elevations of the ground surface, kelly bushing, or rig floor shall be measured, recorded, and filed as required in R 299.2369.

(2) The depth of the top of key geologic strata shall be accurately determined and shall be entered in the drilling log book and become a part of the record and log of the well.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2367** Well records; service company records; confidentiality {#sec-r-299.2367 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2367}

Rule 2367. (1) A person who drills, deepens, changes well status, or completes a well as required by these rules, shall keep and preserve at the well, during drilling, deepening, changes in well status, or completion operations, all of the following:

(a) Accurate records recording all geologic strata penetrated.

(b) Casing and cement used.

(2) If requested by the supervisor of mineral wells or authorized representative of the supervisor of mineral wells, a permittee of a well shall file a copy of service company records, including records of all of the following services that have been performed:

(a) Mudding, cementing, and squeeze operations.

(b) Acidizing.

(d) Fracturing.

(e) Shooting.

(f) Temperature surveys.

(g) Bond logs.

(h) Caliper surveys.

(i) Wireline borehole and strata evaluation logs. The supervisor of mineral wells may request the records directly from the service company.

(3) A permittee of a well shall make all records and information available to the supervisor of mineral wells or authorized representative of the supervisor of mineral wells at all times.

A permittee shall protect the records from damage or destruction due to a preventable cause. Records shall be kept confidential as follows:

(a) A log of a brine or test well shall be kept confidential for 11 years after well completion, except as otherwise released by the owner.

(b) A log of a brine or test well drilled for exploratory purposes shall be kept confidential until released by the owner or operator or until the owner is no longer an active producer, mineral lease holder, or owner of mineral lands in the state.

(c) If a brine or test well is converted to a new use allowed under this part, or under another part of the act, or under another act, a log of the well shall no longer be held confidential and shall be open for public inspection. All the information pertaining to the application for and issuance of a permit for the well shall no longer be held confidential and shall be open for public inspection.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2368** Samples of drill cuttings and cores {#sec-r-299.2368 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2368}

Rule 2368. (1) A person who drills or deepens a well under these rules shall take and preserve, for the duration of the drilling, properly identified samples of the drill cuttings taken from the base of the drift to the total depth.

(2) A permittee of a well shall take and preserve drift samples when specifically requested by the supervisor of mineral wells or authorized representative of the supervisor of mineral wells. The samples shall be available to the supervisor of mineral wells upon request.

(3) A permittee of a well shall deliver 1 complete set of drill cutting samples, washed and dried, to the supervisor of mineral wells within 90 days after drilling completion. Samples not requested may be disposed of in a manner approved by the supervisor of mineral wells upon drilling completion if the supervisor of mineral wells requests cuttings before the commencement of drilling.

(4) If a permittee of a well obtains whole cores or core samples during the drilling of a well, then the permittee shall provide the supervisor of mineral wells with a minimum of 90 days' notification of his or her intention to dispose of or destroy the whole cores or core samples. If requested by the supervisor of mineral wells, as prescribed by the notification, the permittee shall make available to the supervisor of mineral wells the whole cores or core samples.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2369** Filing of well records {#sec-r-299.2369 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2369}

Rule 2369. (1) A permittee of a well who drills or deepens a well shall file all of the following records with the supervisor of mineral wells, except as provided in subrule (2) of this rule:

(a) Within 60 days after drilling completion, a complete written geologic description log or record of the well, certified by a geologist and signed by the permittee or an authorized representative of the permittee, on forms prescribed by the supervisor of mineral wells, including all of the following information:

(i) Elevations as required by R 299.2366.

(ii) Depth to, and thickness of, water-bearing sands and gravels in the glacial drift as determined by a geologist, including fill-up and volumes of the water, if available.

(iii) The measured and true vertical depth to geologic strata penetrated, and accurate and complete lithologic descriptions, including color, hardness, and the character of the rock as determined by a geologist from the cuttings or cores.

(iv) A record of all shows of oil or gas, or both, encountered.

(v) A record of all lost circulation zones encountered.

(vi) A record of all hole sizes, casings, and liners used, including the size, weight, grade, amount, and depth set for each casing string.

(vii) The amount of cement used and the calculated elevation of the top of the cement, unless the supervisor of mineral wells or authorized representative of the supervisor of mineral wells requests the elevation to be measured.

(viii) Data on all drill stem tests.

(ix) The measurement of hydrogen sulfide content of gas encountered during a kick.

(x) All intervals cored.

(b) Within 60 days after well completion operations, data on all perforating, acidizing, fracturing, shooting, and testing.

(i) Data on all bridge plugs set, make and type of plug, depth set, whether left in place or removed, and details of plug-back operations below the bridge plug.

(ii) The amount of casing stripped from the well.

(2) If a test well is drilled in an area of the state where rocks of precambrian age directly underlie unconsolidated surface deposits, or in those areas that have been designated by the provisions of section 62508(c) of the act, an owner shall file the information required in subrule (1) of this rule within 2 years after drilling completion.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2370** Borehole and strata evaluation logging {#sec-r-299.2370 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2370}

Rule 2370. (1) A permittee of a well shall file a copy of all borehole and geologic strata evaluation logs or other logs with the supervisor of mineral wells within 60 days after conducting the logging run, except as provided in subrule (2) of this rule.

(2) If a test well is drilled in an area of the state where rocks of precambrian age directly underlie unconsolidated surface deposits or in those areas that have been designated by the provisions of section 62508(c) of the act, then an owner shall file the information required in subrule (1) of this rule within 2 years after drilling completion.

(3) Upon the request of the supervisor of mineral wells or authorized representative of the supervisor of mineral wells, a logging service company shall provide a listing of all borehole and geologic strata evaluation logs or other logs run.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2371** Survey of directionally drilled well {#sec-r-299.2371 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2371}

Rule 2371. (1) A permittee of a well shall conduct a directional well survey on each directionally drilled well, with actual survey points taken at suitable intervals from the point of deviation to total depth to enable the course and the end point of the borehole to be determined, or at intervals as approved by the supervisor of mineral wells or authorized representative of the supervisor of mineral wells. All information obtained during and after the survey shall be available to the supervisor of mineral wells or authorized representative of the supervisor of mineral wells. A permittee shall file a certified copy of the survey with the supervisor of mineral wells within 30 days after drilling completion, except as provided in subrule (2) of this rule. A well shall not be utilized for the purpose for which it was permitted until the survey has been filed with the supervisor of mineral wells.

(2) If a test well is drilled in an area of the state where rocks of precambrian age directly underlie unconsolidated surface deposits or in those areas that have been designated by the provisions of section 62508(c) of the act, an owner shall file the information required in subrule (1) of this rule within 2 years after drilling completion.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2372** Sealing of cellars and rat and mouse holes {#sec-r-299.2372 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2372}

Rule 2372. (1) A permittee of a well shall seal and set into the earth rat and mouse hole casings and cellars in a manner to prevent the migration of the drilling fluid and other foreign fluids into the groundwater. A test well that does not penetrate below the deepest fresh water aquifer is exempt from this subrule.

(2) Immediately after drilling completion, a permittee of a well shall fill rat and mouse holes on all rotary-drilled wells solidly from bottom to top with cement or other suitable material approved by the supervisor of mineral wells.

PART 5. COMPLETION

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2381** Responsibility for well operations {#sec-r-299.2381 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2381}

Rule 2381. A permittee of a well is responsible for the operations of the well.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2382** Well completion operations {#sec-r-299.2382 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2382}

Rule 2382. (1) A permittee of a well shall use proper well control measures to avoid an uncontrolled flowing of the well. All fluids shall be produced or swabbed back to approved containers. A permittee of a well shall not use unlined earthen pits or reservoirs to contain fluids produced from the well during completion except as approved by the supervisor of mineral wells or authorized representative of the supervisor of mineral wells.

(2) A permittee shall notify the supervisor of mineral wells or authorized representative of the supervisor of mineral wells at least 48 hours before the start of a well completion operation.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2383** Multiple zone completions {#sec-r-299.2383 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2383}

Rule 2383. The supervisor of mineral wells or authorized representative of the supervisor of mineral wells may authorize multiple zone completions upon written application demonstrating the need for and technical feasibility of multiple zone completion.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2384** Change of well status {#sec-r-299.2384 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2384}

Rule 2384. (1) A permittee of a well seeking to change the status of a well shall accurately make an application for change of well status with the supervisor of mineral wells. The application shall describe the kind of operation to be accomplished and the plan for protecting all utilized storage zones, disposal zones, and brine and hydrocarbon production zones, and shall include all information required in R 299.2312, R 299.2313, and R 299.2314, as applicable. A permittee shall not begin the operation until he or she has received approval from the supervisor of mineral wells or authorized representative of the supervisor of mineral wells and provided notification to the supervisor of mineral wells or authorized representative of the supervisor of mineral wells of the date the operation will commence.

(2) A permittee of a well who desires to deepen a well below the permitted depth after drilling completion has occurred shall file an application to change well status as required in subrule (1) of this rule. To obtain approval to deepen, the permittee shall contact the supervisor of mineral wells or authorized representative of the supervisor of mineral wells by letter, telephone, or visit, and explain the circumstances for the request to deepen. The supervisor of mineral wells or authorized representative of the supervisor of mineral wells may give verbal approval to deepen. If approval to deepen is granted, then the permittee shall file the application for change of well status under subrule (1) of this rule, within 5 business days of approval, at the offices of the Michigan Department of Environmental Quality, Geological and Land Management Division, P.O. Box 30256, Lansing, Michigan 48909. An additional permit fee is not required.

(3) A permittee of a well who changes the status of a well shall file, with the supervisor of mineral wells, within 60 days, a complete change of well status record on forms prescribed by the supervisor of mineral wells, except that a record shall not be filed when the change of well status operation is for temporary abandonment purposes.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2385** Mineral wells encountering hydrocarbons {#sec-r-299.2385 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2385}

Rule 2385. If a well produces hydrocarbons following completion, the supervisor of mineral wells may require 1 of the following:

(a) A demonstration that the hydrocarbons have no commercial value.

(b) Plugging and abandonment of the well.

PART 6. MECHANICAL INTEGRITY TESTING

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2391** Testing before operation of wells {#sec-r-299.2391 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2391}

Rule 2391. (1) Before injecting fluid into a well newly drilled for disposal, storage, natural or artificial brine production, or into a previously existing well newly converted for storage, disposal, or artificial brine production, a permittee shall provide for a demonstration of internal mechanical integrity of the wellhead, casing, tubing, and annular seal assembly if present, utilizing either a pressure test at a surface pressure of not less than 100 psig above the maximum expected operating surface pressure of the well or an equivalent test approved by the supervisor of mineral wells. The test shall be conducted by a qualified person. A satisfactory pressure test shall meet the following requirements:

(a) For a storage or disposal well, the test shall show a change of pressure of not more than 3% over a period of 60 minutes.

(b) For an artificial or natural brine production well, the test shall show a loss of pressure of not more than 5% over a period of 30 minutes.

(2) Before injecting fluid into a well newly drilled for disposal, storage, or artificial brine production or a previously existing well newly converted for storage, disposal, or artificial brine production, a permittee of a well shall provide for a test of the external mechanical integrity of the innermost casing string and the cement sheath and its external seal by a method approved by the supervisor of mineral wells. The test shall be conducted by a qualified person. If a pressure test is used to demonstrate mechanical integrity, the test shall show a change of pressure of not more than 5% over a period of 30 minutes.

**History**
- *History: 2004 AACS; 2008 AACS.*

##### **Mich. Admin. Code R 299.2392** Testing before operation of a storage cavity {#sec-r-299.2392 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2392}

Rule 2392. Before placing stored product into a newly developed storage cavity or an existing cavity converted to storage, a permittee shall provide for a demonstration of the mechanical integrity of the cavity by a method approved by the supervisor of mineral wells.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2393** Periodic mechanical integrity testing {#sec-r-299.2393 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2393}

Rule 2393. (1) A permittee shall provide for periodic tests by a qualified person to demonstrate internal and external mechanical integrity according to the following schedule unless a well has been granted temporary abandoned status under R 299.2437(3):

MAXIMUM TESTING INTERVAL Well Type Internal Mechanical Integrity External Mechanical Integrity Hazardous Waste Disposal 12 months 12 months Nonhazardous Waste Disposal 12 months 60 months Processed Brine 60 months 60 months Artificial Brine 60 months 60 months Natural Brine When tubing is pulled. Not Applicable Nonhydrocarbon Storage 12 months 12 months Test (Observation) As required by supervisor of mineral wells, R 299.2346 Not Applicable (2) Internal mechanical integrity shall be demonstrated by a permittee as follows:

(a) For a disposal well, by a pressure test of the annulus between the injection tubing and innermost casing string.

(b) For an artificial brine or storage well, by a water-brine, oil-brine, or inert-gas-brine interface test.

(c) For a natural brine production or test well used as an observation well, by a pressure test of the innermost casing string unless mechanical integrity has been demonstrated within the last year.

(3) External mechanical integrity of a disposal well, artificial brine production well, or storage well shall be demonstrated by a permittee using a downhole log approved by the supervisor of mineral wells or authorized representative of the supervisor of mineral wells, intended to test for movement of fluid along the outside of the innermost casing string.

(4) A satisfactory pressure test shall meet the requirements in R 299.2391(1).

(5) A permittee shall provide a recording device to make record of the pressures measured during a mechanical integrity test.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2394** Notice of mechanical integrity testing {#sec-r-299.2394 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2394}

Rule 2394. At least 30 days before a regularly scheduled test required by R 299.2391, R 299.2392, or R 299.2393, a permittee shall notify the supervisor of mineral wells or authorized representative of the supervisor of mineral wells of the date and approximate time of the test. The notification shall include a copy of the proposed test procedure including procedures for wireline logging. Mechanical integrity testing shall not be conducted until a permittee has received approval of the test procedure from the supervisor of mineral wells or an authorized representative of the supervisor of mineral wells.

Mechanical integrity testing may be witnessed by the supervisor of mineral wells or an authorized representative of the supervisor of mineral wells.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2395** Calibration of pressure gauges {#sec-r-299.2395 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2395}

Rule 2395. A permittee shall calibrate all pressure gauges used in mechanical integrity demonstrations according to the manufacturer's recommendations. A copy of the calibration certificate shall be submitted to the supervisor of mineral wells at the time of demonstration and every time the gauge is calibrated. A pressure gauge shall have a resolution so as to allow detection of at least 1/2 of the maximum allowable pressure change.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2396** Mechanical integrity testing required by supervisor of mineral wells {#sec-r-299.2396 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2396}

Rule 2396. The supervisor of mineral wells or authorized representative of the supervisor of mineral wells may require a demonstration of mechanical integrity following a change of well status or if there is reason to believe a well does not have mechanical integrity.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2397** Reports of mechanical integrity {#sec-r-299.2397 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2397}

Rule 2397. A permittee shall file a signed copy of the report of a mechanical integrity test with the supervisor of mineral wells within 60 days after testing. A copy of the pressure record shall accompany the report. The report shall include evaluation of the test results by a person qualified to provide such an evaluation. Reports of mechanical integrity demonstrations utilizing downhole logs shall be accompanied by an interpretation of the log by a person qualified to make such interpretations.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2398** Alternative testing method {#sec-r-299.2398 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2398}

Rule 2398. The supervisor of mineral wells may approve a test other than those required in R 299.2391, R 299.2392, or R 299.2393 to demonstrate internal or external mechanical integrity or to test for movement of fluid along the borehole, provided the request is made in writing and includes information or data to demonstrate that the proposed method is able to demonstrate mechanical integrity at least as well as the methods required in R 299.2391, R 299.2392, or R 299.2393.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2399** Failure to demonstrate mechanical integrity {#sec-r-299.2399 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2399}

Rule 2399. (1) A well shall maintain mechanical integrity. If the permittee or the supervisor of mineral wells or authorized representative of the supervisor of mineral wells finds that the well fails to demonstrate mechanical integrity during a test or fails to maintain mechanical integrity during operation, or that a loss of mechanical integrity is suspected during operation, the permittee shall halt injection immediately unless the supervisor of mineral wells allows continued operation, provided operation can continue without causing waste. Report of the loss of mechanical integrity shall be made verbally to the supervisor of mineral wells or authorized representative of the supervisor of mineral wells within 24 hours from the time the permittee becomes aware of the loss, and shall include an anticipated date for a mechanical integrity demonstration.

(2) If injection has ceased as provided by subrule (1) of this rule, then a permittee shall not resume injection until the well demonstrates mechanical integrity. A plan to restore mechanical integrity shall be submitted to, and approved by, the supervisor of mineral wells or authorized representative of the supervisor of mineral wells. The supervisor of mineral wells or authorized representative of the supervisor of mineral wells may witness the mechanical integrity demonstration. If the plan requires a change of well status, then a permittee shall file an application to change well status as required by R 299.2385.

PART 7. OPERATION OF BRINE PRODUCTION AND SOLUTION MINING

WELLS

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2401** Production tests for newly completed or change of status wells producing natural brine {#sec-r-299.2401 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2401}

Rule 2401. A permittee of a well shall conduct production tests on a newly completed well intended to produce natural brine or on a previously tested well when a change of well status may have resulted in changes in producing capacity. A permittee shall report the results of all production tests to the supervisor of mineral wells or authorized representative of the supervisor of mineral wells within 30 days after completion of the tests. The permittee shall certify the results on forms prescribed by the supervisor of mineral wells.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2402** Special capacity tests of wells producing natural brine {#sec-r-299.2402 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2402}

Rule 2402. The supervisor of mineral wells or authorized representative of the supervisor of mineral wells may, upon written notice, require the permittee of a well used for natural brine production to perform a special producing capacity test or supply brine production data for a well or wells. The supervisor of mineral wells or authorized representative of the supervisor of mineral wells may witness, or make measurements during the test, subject to proper safety supervision by the permittee.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2403** Reports of natural brine produced {#sec-r-299.2403 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2403}

Rule 2403. A person who is producing natural brine shall be required by the supervisor of mineral wells or authorized representative of the supervisor of mineral wells to report annually, within 60 days after the end of the calendar year of production, the amount of natural brine produced during the calendar year of production, unless an extension of time is granted by the supervisor of mineral wells. The reports shall be signed by the person who is producing brine on forms prescribed by, or acceptable to, the supervisor of mineral wells or authorized representative of the supervisor of mineral wells.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2404** Solution mining; reporting {#sec-r-299.2404 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2404}

Rule 2404. (1) A permittee shall control cavity shape during solution mining of bedded salt.

(2) A permittee who is solution mining shall report annually, within 60 days after the end of the calendar year, the amount of soluble mineral or rock removed and the volumes of fluids injected into and removed from each cavity. The report shall be certified by the permittee on forms prescribed by, or acceptable to, the supervisor of mineral wells or authorized representative of the supervisor of mineral wells.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2405** Rock profile determination {#sec-r-299.2405 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2405}

Rule 2405. A permittee shall determine the cavity roof position not less than biennially.

Generally accepted wireline logging methods shall be utilized. The results of the determination shall be filed with the supervisor of mineral wells not more than 60 days after completion and shall include all wireline logs run.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2406** Cavity size {#sec-r-299.2406 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2406}

Rule 2406. A permittee shall submit a plan to monitor cavity size and shape for approval by the supervisor of mineral wells. The plan shall include frequency of monitoring and shall include a description of the method used to determine the size and shape of the cavity.

The plan for an existing cavity shall be submitted within 6 months of the effective date of these rules.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2407** Subsidence monitoring above a cavity created by solution mining {#sec-r-299.2407 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2407}

Rule 2407. A permittee shall submit a plan for subsidence monitoring above a cavity for approval by the supervisor of mineral wells. The plan shall include frequency of monitoring and shall include a description of the method used to monitor subsidence. The plan for an existing cavity shall be submitted within 6 months of the effective date of these rules.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2408** Abandonment of cavity created by solution mining {#sec-r-299.2408 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2408}

Rule 2408. Before abandoning a cavity used for storage, a permittee shall remove stored product to the extent practicable and replace it with brine or fresh water subject to the approval of the supervisor of mineral wells.

PART 8. OPERATION OF DISPOSAL OR STORAGE WELLS

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2411** Temporary authority to inject {#sec-r-299.2411 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2411}

Rule 2411. The supervisor of mineral wells may grant a permittee of a disposal well temporary authorization to inject fresh water or brine for a period of not more than 30 days for the limited purpose of running injectivity tests.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2412** Testing before operation of disposal or storage wells {#sec-r-299.2412 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2412}

Rule 2412. (1) Tests of the disposal zones and confining formations, downhole logs, and direct measurements shall be conducted to determine to the satisfaction of the supervisor of mineral wells that the well and disposal formations are suitable for disposal or storage and the confining zone is adequate to confine disposed or stored fluids. The tests shall include all of the following:

(a) Physical, chemical, and lithologic properties, and fluids.

(b) Porosity and permeability.

(c) Compatibility of waste or stored fluids with naturally occurring formation fluids and formation materials, along with a characterization of the potential for multiple waste products to react in the well bore or in the injection zone.

(d) Disposal zone, temperature, and pressure.

(e) Disposal zone fracture pressure.

(2) Tests, logs, and direct measurements shall be conducted following procedures acceptable to the supervisor of mineral wells. Results shall be filed with the supervisor of mineral wells within 60 days of the completion of the test, logging, or measurement.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2413** Testing before operation of a storage cavity {#sec-r-299.2413 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2413}

Rule 2413. The size, shape, and volume of the cavity shall be determined by sonar survey or other method acceptable to the supervisor of mineral wells. The results of the determination, together with records of any downhole measurements, shall be filed with the supervisor of mineral wells within 60 days after the completion of the determination.

The filing shall include an interpretation of the results by a person qualified to make such interpretations. The permittee shall certify the results.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2414** Confirmation for use of storage and disposal wells and cavities {#sec-r-299.2414 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2414}

Rule 2414. (1) If it is determined by examination of evidence required by R 299.2412 that a well may be used for storage or disposal in a manner that will not cause waste, then the supervisor of mineral wells shall confirm the well for that use and thereafter regulate the use and operation of the well as provided by these rules. The supervisor of mineral wells shall not confirm a well for disposal or storage that does not demonstrate mechanical integrity as provided by R 299.2391.

(2) If it is determined by examination of evidence provided by R 299.2413 that a cavity may be used for storage in a manner that will not cause waste, then the supervisor of mineral wells shall confirm the cavity for that use and thereafter regulate the use and operation of the cavity as provided by these rules. A cavity confirmed for storage shall be subject to the requirements of R 299.2406 to R 299.2408. The supervisor of mineral wells shall not confirm a cavity for storage that does not demonstrate mechanical integrity as provided by R 299.2392.

(3) A well or cavity that is not confirmed for use shall be abandoned and plugged or converted to another use.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2415** Operation of disposal wells; monitoring and reporting requirements {#sec-r-299.2415 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2415}

Rule 2415. (1) Injection of a waste product shall not begin until all of the following are complete:

(a) The well is confirmed for use as provided by R 299.2414.

(b) The warning system required in subrule (8) of this rule is installed and tested or the monitoring plan required in subrule (8) of this rule is approved by the supervisor of mineral wells.

(2) The permittee shall inject only through tubing with a packer set within the innermost casing string or strings at a point within or below the confining zone. During injection operations, the annulus between the injection tubing and innermost casing shall be filled with a noncorrosive liquid. Any changes in the arrangement of downhole equipment shall be submitted by the permittee on forms prescribed by the supervisor of mineral wells for approval by the supervisor of mineral wells or authorized representative of the supervisor of mineral wells before installation.

(3) During disposal operations a permittee shall ensure that the injection pressure at the wellhead does not exceed a pressure determined by the following equation:

PM = (FPG - 0.433 SG)D where PM = surface injection pressure.

FPG = fracture pressure gradient.

SG = highest specific gravity of liquid planned for injection.

D = depth to top of disposal zone in feet (true vertical depth).

The permittee shall maintain a positive pressure at the wellhead on the annulus between the injection tubing and the innermost casing. Injection pressure shall not initiate fractures or cause existing fractures to propagate into the confining zone or cause movement of injected or formation fluids through the confining zone.

(4) If migration of injected fluids through the confining zone is discovered, the permittee shall immediately cease injection and submit to the supervisor of mineral wells a remediation plan. A report of the discovery shall be made orally to the supervisor of mineral wells or authorized representative of the supervisor of mineral wells within 24 hours of the time of discovery. A written report detailing the circumstances of the discovery shall be filed with the supervisor of mineral wells within 11 business days of the discovery. The supervisor of mineral wells may require a permittee to demonstrate an underground source of drinking water is not impacted by the migration of injected fluid.

(5) The permittee shall at all times ensure that injected fluids do not enter an underground source of drinking water. If the injected fluids have the potential to react with the rock of the injection formation, then the permittee shall ensure that pressure imbalances do not occur.

(6) The supervisor of mineral wells may require a permittee to monitor the pressure buildup in the injection zone. The pressure monitoring shall include a suitable pressure transient test. From this observation the permittee shall submit a report to the supervisor of mineral wells including all of the following information:

(a) All measured data.

(b) A calculation of pressure buildup and static bottom hole pressure in the injection zone.

(d) Well bore skin factor.

(e) Radius of investigation of the test.

At least 30 days before a test, a permittee shall notify the supervisor of mineral wells or authorized representative of the supervisor of mineral wells of the date and approximate time of the test.

(7) If required by the supervisor of mineral wells, the permittee shall maintain monitoring devices and use them to monitor injection pressure, pressure in the annulus between the injection tubing and the innermost casing, and injection rate. The permittee shall monitor the annulus pressure system reservoir volume daily.

(8) The permittee shall do 1 of the following:

(a) Install an automatic warning system to notify the permittee if either of the following conditions exist:

(i) Pressure changes in the annulus or tubing signifying or identifying possible deficiencies in mechanical integrity.

(ii) Injection pressure exceeding the pressure limits specified in subrule (3) of this rule.

(b) Submit for the supervisor of mineral wells approval, a monitoring plan to detect conditions described in paragraphs (a)(i) and (a)(ii) of this subrule.

(9) The permittee shall test an automatic warning system installed under subrule (8) of this rule at least every twelfth month. The test must involve subjecting the system to simulated failure conditions. At least 30 days before a test, a permittee shall notify the supervisor of mineral wells or authorized representative of the supervisor of mineral wells of the date and approximate time of the test.

(10) The permittee shall install and maintain a suitable coupling and valve on the wellhead to be used for independent injection pressure measurements.

(11) All injection and withdrawal activities shall be monitored by an individual who is trained and experienced in such activities. A permittee shall submit a plan for monitoring injection and withdrawal activities. The wellhead and facility shall be secured in a manner to prevent unauthorized access to the well if the well is not in use for an extended period of time.

(12) The supervisor of mineral wells or authorized representative of the supervisor of mineral wells may approve a waste product, in addition to those specified in the application for a permit to drill and operate, to be injected into a well. Requests to inject an additional waste product shall be in writing and accompanied by the characterization required in R 299.2312(h).

(13) A permittee shall submit a waste analysis plan for approval by the supervisor of mineral wells or the authorized representative of the supervisor of mineral wells.

(14) A permittee shall submit monthly reports of the following information no later than the end of the month following the reporting period:

(a) Maximum and average injection pressure for each day of the month and monthly averages of the maximum and minimum injection pressures.

(b) Maximum and minimum pressure in the annulus between the injection tubing and innermost casing for each day of the month and monthly averages of the maximum and minimum pressure in the annulus between the injection tubing and innermost casing.

(c) Maximum and average injection rates for each day of the month and monthly averages of the maximum and minimum injection rates.

(d) The total volume of waste products injected for each day of the month and to date, in the current calendar year. If surface runoff is injected, the total annual and monthly volumes for both waste fluids and surface runoff shall be reported individually. If waste products injected into a multisource commercial hazardous waste disposal well include waste that is not hazardous, the volumes of both hazardous and nonhazardous waste shall be reported separately.

(e) The amounts and types of liquid added to or removed from the annulus pressure system for each day of the month and the cumulative amount of liquid added to or removed from the annulus pressure system for the current month and each of the past 12 months.

(f) Any event that exceeds operating pressures as specified in subrule (3) of this rule and any event that triggers an alarm or shutdown device provided by subrule (8) of this rule.

(g) A description of any well bore stimulation that does not require an application to change well status under R 299.2384, including all of the following:

(i) The date of the stimulation.

(ii) The amount of acid used.

(iii) The concentration and type of acid used.

(iv) The maximum pressure generated during the stimulation.

(h) The supervisor of mineral wells may grant an exception to the reporting requirements of subdivisions (a) to (g) of this subrule if a permittee makes a request in writing.

(15) All records pertaining to a disposal well shall be retained by the permittee for a period of at least 3 years following the plugging and abandonment of the disposal or storage well and shall be open to inspection at any time by the supervisor of mineral wells or an authorized representative of the supervisor of mineral wells.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2416** Operation of storage wells and associated surface facilities {#sec-r-299.2416 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2416}

Rule 2416. (1) Before injecting fluid into a storage well, a permittee shall submit a surface facility plan and receive approval of the supervisor of mineral wells or authorized representative of the supervisor of mineral wells. The plan shall describe all the following and shall include schematic diagrams where applicable:

(a) Well emergency shutdown systems.

(b) Cavity overfill prevention devices or methods.

(c) Surface facility and wellhead leak detection systems, including detection of any vapor cloud that may leave the storage facility property.

(d) Brine pit vapor detection and control systems.

(e) Fire detection and suppression systems.

(f) Employee training and testing programs.

(g) Integration of all leak detectors, fire detectors, and pressure sensors into a warning system that activates audible and visual alarms in the local control room and at any remote control center, including fail-safe aspects of all sensors.

(h) Installation of wind direction indicators.

(i) Construction and location of barriers designed to prevent vehicle impact.

(j) Monitoring of the pressures on the injection and withdrawal piping.

(k) Operating specifications of piping from the wellhead to the emergency shutdown valve.

(l) Procedures and schedules for testing and ensuring functionality of each system or method listed in subdivisions (a) to (e) of this subrule and the measures to be taken if the system or any component of the system fails to operate as required.

(2) A permittee shall submit to the supervisor of mineral wells a written emergency response plan.

(a) The plan shall address all of the following:

(i) Spills and releases.

(ii) Fires.

(iii) Explosions.

(iv) Loss of electricity.

(v) Loss of telecommunications services.

(b) Where applicable the plan shall describe the following:

(i) The facility's emergency response communication system.

(ii) Procedures for coordination of emergency communication and response activities with local authorities.

(iii) Use of warning systems.

(iv) Procedures for employee evacuation and employee training.

(d) A permittee shall ensure the plan is updated as changes in safety features at the facility are made or as the supervisor of mineral wells requires. Copies of the plan shall be available at the storage facility and the company headquarters.

(3) If an emergency occurs that may endanger nearby residents or property a permittee shall do all of the following:

(a) As soon as practicable after the discovery of an emergency, notify the local emergency preparedness coordinator, the county sheriff's office or local police department, the supervisor of mineral wells and other appropriate public officials identified in the emergency response plan.

(b) At the time of notice, report an assessment of the potential threat to the public.

(c) Report to the supervisor of mineral wells as soon as practicable any problem that increases the potential for an uncontrolled release. A permittee shall confirm the report in writing within 11 days.

(4) A permittee shall provide written notice of the date of a drill conducted under an emergency response plan to the supervisor of mineral wells, the local emergency preparedness coordinator, the county sheriff or local police department and the local fire department. Local emergency response personnel shall be invited to participate in all such drills. A permittee shall file a written evaluation of the drill and plans for improvement with the supervisor of mineral wells and local emergency preparedness coordinator within 30 days after the date of the drill.

(5) A permittee shall determine the configuration of the roof of a storage cavity by downhole log or other method approved by the supervisor of mineral wells at intervals not to exceed 5 years. The results of the determination shall be filed with the supervisor of mineral wells within 60 days after completion. The filing shall include an interpretation of the results by a person qualified to make such interpretations. A permittee shall certify the results.

(6) A permittee shall ensure the quantity of stored product in a cavity does not exceed the approved maximum storage volume for the cavity.

(7) Any device or sensor which is not operating shall be repaired or replaced within 11 days of the date it is discovered to be defective.

(8) A permittee shall meter the volumes of stored product injected and withdrawn from a storage well.

(9) A permittee shall submit monthly reports of the following information not later than the end of the month following the reporting period:

(a) Maximum and average injection and withdrawal pressures for each day of the month or a copy of any continuously recorded chart of the injection and withdrawal pressures.

(b) Monthly averages of the maximum and minimum injection and withdrawal pressures.

(d) Monthly averages of the maximum and minimum injection and withdrawal rates.

(e) The net volumes of stored product and brine injected into and withdrawn for each day of the month, and to date, in the current calendar year.

(f) Any event that triggers a system listed in subdivisions (a) to (e) of subrule (1) of this rule.

(10) A permittee shall insure injection pressure does not exceed the maximum permitted injection pressure.

(11) All records pertaining to a storage well shall be retained by the permittee for a period of at least 3 years following the plugging and abandonment of the storage well and shall be open to inspection at any time by the supervisor of mineral wells or authorized representative of the supervisor of mineral wells.

PART 9. DISPOSITION OF BRINE

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2421** Prevention of pollution, contamination, or damage {#sec-r-299.2421 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2421}

Rule 2421. The permittee shall not store, transport, or dispose of natural, artificial, or processed brine in a manner that will or is likely to result in pollution. A permittee of a well shall ensure that natural, artificial, or processed brine is stored, transported, and disposed of in a manner approved by the supervisor of mineral wells and consistent with all applicable state and federal laws and regulations.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2422** Pit disposal or storage prohibited {#sec-r-299.2422 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2422}

Rule 2422. A permittee of a well shall not dispose of or store natural, artificial, or processed brine in unlined earthen pits.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2423** Disposal of brine {#sec-r-299.2423 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2423}

Rule 2423. (1) A permittee of a well shall dispose of natural, artificial, or processed brine into an approved underground formation in a manner that prevents waste or in a manner approved by the supervisor of mineral wells.

(2) A permittee of a well is responsible for the proper disposal of all natural, artificial, or processed brine or brine accumulated in drilling mud pits or tanks and shall ensure that waste, as defined in sections 62501(m) and (p) of the act, will not occur.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2424** Use of annular space for disposal prohibited {#sec-r-299.2424 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2424}

Rule 2424. A permittee of a well shall not dispose of natural, artificial, or processed brine in the annular space between strings of casing. The supervisor of mineral wells may grant an exception if the supervisor of mineral wells determines that annular disposal will not result in underground waste.

PART 10. PLUGGING

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2431** Plugging; general requirements {#sec-r-299.2431 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2431}

Rule 2431. A permittee of a well shall ensure that all oil, gas, brine, waste products, and fresh water are confined to the strata in which the oil, gas, brine, waste products and fresh water occur or are injected into by using cement plugs or other plugs approved by the supervisor of mineral wells. A permittee of a well shall ensure that the well is plugged under static hole conditions at all times, unless otherwise approved by the supervisor of mineral wells or authorized representative of the supervisor of mineral wells.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2432** Notification of intention to abandon and plug a well {#sec-r-299.2432 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2432}

Rule 2432. (1) Except as provided in subrule (2) of this rule, a person shall not begin the plugging of a well until the permittee of a well has notified the supervisor of mineral wells or authorized representative of the supervisor of mineral wells of his or her intention to abandon the well and has received instructions for the plugging operation. The notification shall provide all of the information requested by the supervisor of mineral wells or authorized representative of the supervisor of mineral wells required to issue plugging instructions. The notification shall include all of the following information:

(a) The present condition of the well.

(b) Casing and sealing information.

(d) The depths of the top of all principal formations.

(e) The depths where oil, gas, and water were encountered.

(f) All downhole equipment to be abandoned with the hole.

(g) All known lost circulation zones.

(h) The date of the last production or operation.

(i) The reason for plugging the well.

(j) Documentation of the amount of uncemented casing in the well using downhole wireline tools or other methods approved by the supervisor of mineral wells.

(k) Any other information required by the supervisor of mineral wells.

(2) A permittee of a well shall notify the supervisor of mineral wells or authorized representative of the supervisor of mineral wells by telephone or telefax during normal business hours at least 24 hours before beginning the plugging of the well.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2433** Plugging instructions {#sec-r-299.2433 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2433}

Rule 2433. (1) Except as provided in subrule (2) of this rule, the supervisor of mineral wells or authorized representative of the supervisor of mineral wells shall issue plugging instructions after receipt of notification as provided by R 299.2432. The plugging instructions shall specify all of the following information:

(a) The type and amount of plugging material to be used.

(b) The intended depths at which bridges are to be set.

(d) The intended amount of casing to be pulled.

(e) Other requirements the supervisor of mineral wells determines are necessary for the proper plugging of the well.

(2) The plugging procedure filed as required in R 299.2315(b) or R 299.2316(f) and approved by the supervisor of mineral wells shall serve as the plugging instructions for a test well.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2434** Removal of uncemented casing required during plugging {#sec-r-299.2434 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2434}

Rule 2434. Except as provided by R 299.2438, a permittee shall ensure that all uncemented casing is removed from a well during plugging, unless otherwise approved by the supervisor of mineral wells or authorized representative of the supervisor of mineral wells.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2435** Methods and materials {#sec-r-299.2435 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2435}

Rule 2435. (1) A permittee of a well shall ensure that a well is plugged from bottom to top by a material approved by the supervisor of mineral wells.

(2) A permittee of a well shall ensure that the plugging procedures and materials do not cause formation fracturing.

(3) A permittee of a well shall ensure that all casings abandoned with the hole are cut off at a point not less than 4 feet below grade, a 1/2-inch steel welded plate or another type of seal approved by the supervisor of mineral wells or authorized representative of the supervisor of mineral wells is placed across the top of the pipe or pipes, and the permit number of the well is permanently affixed to the plate or approved seal at the top of the well. The permittee may install a permanent above-ground marker, showing the permit number, above the well.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2436** Plugging records; contents and filing {#sec-r-299.2436 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2436}

Rule 2436. (1) Except as provided in subrule (2) of this rule a permittee shall file, within 60 days after plugging, the final plugging forms, which shall include all of the following information:

(a) The type of cement and number of sacks used, including the additives and percentages of the additives for each cement bridge plug.

(b) The type and volume of plugging material used if other than cement.

(d) All downhole equipment abandoned with the hole and the depths to the tops of the abandoned equipment.

(e) Signed copies of service companies' records of cementing operations showing all of the following information:

(i) Pumping times.

(ii) Placement of cement.

(iii) Weights of cement slurries.

(iv) Pumping rates.

(v) Other pertinent data related to the plugging operations.

(f) The amounts and type of mix water used to mix cement.

(g) The volume and types of spacers and flushes used.

(h) The permittee's daily plugging records, if available.

(2) If a test well is drilled in an area of the state where rocks of precambrian age directly underlie unconsolidated surface deposits or in those areas that have been designated by the provisions of section 62508(c) of the act, an owner shall file the information required in subrule (1) of this rule within 2 years after drilling completion.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2437** Commencement of plugging operations {#sec-r-299.2437 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2437}

Rule 2437. (1) A permittee of a well other than a test well shall begin plugging operations as follows:

(a) Within 90 days after drilling completion if the well has been tested and found to be unuseable for the purpose for which it was permitted.

(b) When the well has not been utilized for its permitted use for more than 24 consecutive months and temporary abandonment status has not been approved. The supervisor of mineral wells may require a permittee to supply proof that a well is being utilized for the purpose for which it was permitted.

(2) A test well shall be plugged within 30 days of drilling completion and completion of all proposed well bore testing unless a different plugging schedule is approved by the supervisor of mineral wells at the time of issuance of a permit to drill and operate.

(3) After receiving a written request showing just cause why the well should not be plugged, the supervisor of mineral wells or authorized representative of the supervisor of mineral wells may grant temporary abandonment status as provided by R 299.2328 or require the well to be plugged.

**History**
- *History: 2004 AACS; 2008 AACS.*

##### **Mich. Admin. Code R 299.2438** Pulling of surface pipe and conductor pipe {#sec-r-299.2438 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2438}

Rule 2438. A permittee of a well shall not remove surface or conductor pipe during plugging unless it is required by the supervisor of mineral wells. A test well drilled under a blanket permit is exempt from this rule.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2439** Restoration of well site; filling and leveling of cellars, pits, and excavations; removal of debris {#sec-r-299.2439 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2439}

Rule 2439. A permittee of a well shall fill and level the cellar and all pits and excavations, remove or eliminate debris, minimize erosion, and restore the well site as nearly as practicable to the original land contour or to a condition approved by the supervisor of mineral wells or authorized representative of the supervisor of mineral wells as soon as practical, but not more than 9 months after plugging completion.

PART 11. WELL SITES; SURFACE FACILITIES; FLOW LINES

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2441** Surface facilities; location; exception to location requirements {#sec-r-299.2441 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2441}

Rule 2441. (1) All surface facilities and flow lines installed after the effective date of these rules shall be constructed so that the materials contained in the facilities do not cause waste. Operation of surface facilities and flow lines shall not begin until the permittee has complied with the methods and means to prevent pollution as specified in these rules.

(2) Surface facilities installed after the effective date of these rules that are not a replacement or improvement of an existing surface facility shall be located not less than 300 feet from either of the following:

(a) Existing recorded fresh water wells and reasonably identifiable fresh water wells utilized for human consumption.

(b) Existing structures used for public or private occupancy.

(3) Surface facilities may be located closer than 300 feet from existing recorded fresh water wells and reasonably identifiable fresh water wells utilized for human consumption and existing structures used for public or private occupancy under either of the following conditions:

(a) Upon presentation to the supervisor of mineral wells of a written consent signed by the owner or owners of all existing recorded fresh water wells and reasonably identifiable fresh water wells utilized for human consumption and existing structures used for public or private occupancy.

(b) After a hearing under part 13 of these rules, the supervisor of mineral wells determines that the proposed surface facility location will prevent waste, protect environmental values, and not compromise public safety.

(4) The supervisor of mineral wells or authorized representative of the supervisor of mineral wells shall be notified within 24 hours of emergency repairs to existing surface facilities that substantially modify the facility or piping. Information regarding such emergency repairs shall be submitted in writing within 45 days of the repair.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2442** Surface facilities; request for approval; other permits required {#sec-r-299.2442 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2442}

Rule 2442. (1) A permittee shall submit to the supervisor of mineral wells a written request for approval to construct or substantially modify and operate a surface facility or flow line. The request may be filed with the application for a permit to drill and operate a well.

(2) A request for a surface facility shall include all of the following information, or in the case of a substantial modification, updates of the following information:

(a) An environmental impact assessment.

(b) A scale map showing the location of the proposed surface facility.

(d) Reasonable and necessary measures to protect environmental values associated with existing adjacent land uses, including berming, screening, and access road location.

(e) Information relative to the approximate distances and directions from the surface facility or flow line to items identified in R 299.2311(2)(e)(iv).

(f) Identification of the fluid streams to be handled at the surface facility.

(g) A schematic of the flow schemes, including the location and storage capacities of all on-site surface equipment.

(h) A copy of the spill response plan.

(i) Secondary containment plans showing construction details of dikes and floors of all secondary containment areas.

(j) Details of tank overfill prevention systems.

(3) A request to construct or substantially modify a flow line shall include all the following information:

(a) Material specifications for the proposed flow line material, including composition, burst strength, corrosion resistance and other engineering data to characterize the suitability of the pipe for transporting the liquid proposed.

(b) Details of flow line construction procedure, including burial depth, method of forming joins, quality control procedures for joins, procedures for pre-use leak testing and other information to characterize the installation from the standpoint of minimizing leaks.

(c) Details of flow line operation, including placement of emergency shutoff valves, maximum anticipated operating pressure, and plans for leak detection by means of any of the following:

(i) Regular inspections or corridor patrols.

(ii) Installation of monitoring systems for leak detection.

(iii) Flow line pressure testing.

(iv) Any other method and placement of emergency shutoff valves and maximum anticipated operating pressure.

(d) A scale map showing the proposed route of the flow line.

(e) A copy of the spill response plan. A spill response plan prepared under another part of the act is acceptable.

(4) Upon receipt of a written request for approval to construct and operate or to substantially modify and operate a surface facility or flow line, other than a request made as part of an application for permit to drill and operate a well, the supervisor of mineral wells or authorized representative of the supervisor of mineral wells shall have up to 30 days to review the request to determine if the request is accurate and administratively complete.

(5) If the request is determined to be inaccurate or incomplete, then the supervisor of mineral wells or authorized representative of the supervisor of mineral wells shall, within the 30-day period, provide the person making the request with a notice that the request is inaccurate or incomplete and what changes or additional information shall be submitted.

Upon receipt of the requested information, the supervisor of mineral wells or authorized representative of the supervisor of mineral wells shall have up to an additional 15 days to review the information to determine if the request is accurate and administratively complete.

(6) If a request to construct and operate a surface facility or flow line is submitted with an application to drill and operate a storage or disposal well, and if the supervisor of mineral wells holds a hearing, as allowed in R 299.2312(m) or R 299.2320, the review process will continue until the hearing has been conducted and all evidence presented at the hearing has been reviewed.

(7) Upon completion of the review process, the supervisor of mineral wells or authorized representative of the supervisor of mineral wells shall approve or deny the request within 11 business days. A request shall be approved if the supervisor of mineral wells determines that construction and operation of the proposed surface facility or flow line will prevent waste, protect environmental values, and not compromise public safety. Upon approval by the supervisor of mineral wells or authorized representative of the supervisor of mineral wells, a request made under this rule shall become part of the permit to drill and operate the well or wells served by the surface facility.

(8) A determination of administrative completeness does not mean that additional information may not be required from the applicant as a result of new circumstances that come to the attention of the supervisor of mineral wells.

(9) The supervisor of mineral wells shall not approve construction of a surface facility or flow line by a person or an authorized representative of a person if the person is not eligible for a permit.

(10) If discharges to the air, surface waters, or groundwater of the state are likely to occur at a surface facility, then a permittee shall apply for and obtain all necessary state and federal discharge permits before operating the surface facility.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2443** Hydrogeological investigation {#sec-r-299.2443 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2443}

Rule 2443. (1) Unless tertiary containment is installed at a surface facility constructed after the effective date of these rules, as provided in R 299.2445(1)(b), a permittee shall file results of a hydrogeological investigation of the surface facility area with the supervisor of mineral wells. The hydrogeological investigation shall include all of the following:

(a) Water quality sampling and analysis for the following parameters:

(i) Specific conductance as an indication of the dissolved solids.

(ii) The concentrations of the following parameters for chemical balance and indicators for comparison of water quality:

(A) Cations.

(B) Anions.

(D) Hardness.

(E) Ph.

(F) Total dissolved solids.

(G) Temperature.

(iii) Additional groundwater quality parameters required on a case-by-case basis if the parameters can be justified on the basis of any 1 of the following criteria:

(A) The parameters may cause degradation in usable aquifers and are present or likely to be present in the liquids handled at the surface facility.

(B) The parameters can demonstrate that a discharge to a usable aquifer is occurring.

(b) A determination of the horizontal and vertical flow system to properly determine the location and depth to be monitored.

The tops of the well casings used for this purpose shall be referenced to a common or United States geological survey datum.

(d) A geologic description of earth materials, both horizontally and vertically, in the immediate vicinity of the proposed surface facility.

(2) A hydrogeological investigation shall be prepared by or under the direction of a geologist qualified in hydrogeology or groundwater geology or a registered professional engineer who may use existing information to generate the investigation.

(3) The supervisor of mineral wells may approve methods other than those specified in subrule (1) of this rule to gather the information required to comply with this rule.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2444** Secondary containment required {#sec-r-299.2444 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2444}

Rule 2444. A permittee shall provide for secondary containment at a wellhead, pump jack, and surface facility installed after the effective date of these rules, for either disposal, brine production or storage, or converted to disposal, brine production or storage after the effective date of these rules. Measures to ensure secondary containment shall be as provided in R 299.2445 to R 299.2450.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2445** Groundwater monitoring system {#sec-r-299.2445 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2445}

Rule 2445. (1) The supervisor of mineral wells may require a surface facility installed or substantially modified after the effective date of these rules to have 1 of the following monitoring systems to detect leakage from secondary containment areas:

(a) A minimum of 1 groundwater monitoring well downgradient, which is in close proximity to all secondary containment areas and completed at depths as specified in the hydrogeological investigation, so as to intercept any discharge from the secondary containment area to groundwater contained in a usable aquifer.

(b) Tertiary containment underlying the secondary containment which shall be constructed and sealed in a manner to capture any waste product, stored product or brine that may leak or seep through the secondary containment. A layer of permeable material and a monitoring tube shall be placed between the secondary and tertiary containment to allow monitoring to determine the presence of any leakage or seepage through the secondary containment.

(2) A monitoring well installed under subrule (1)(a) of this rule shall be subject to the following provisions:

(a) The drilling method shall be specified.

(b) Monitoring wells completed in fine-textured earth materials shall have special construction, such as gravel packing around the screen, or other construction methods approved by the supervisor of mineral wells.

(c) Monitoring wells shall have suitable equipment and methods for sampling groundwater, as specified in the hydrogeological investigation.

(d) Casings shall be installed so as to prevent vertical leakage of fluids between the casing and the drill hole and shall be capped and provided with a cap locking device. Use of a vented cap is desirable, but care shall be taken to prevent introduction of contaminants through such vents.

(e) The well casing shall be protected against accidental damage and shall be adequately marked so as to be clearly visible during winter and summer conditions.

(f) When a monitoring well is to be permanently abandoned, approved plugging procedures shall be followed as provided in part 127 of 1978 PA 368, MCL 333.12701 et seq.

(3) The monitoring system required by subrule (1) of this rule shall be kept in a functional condition. Water samples shall be collected and water level measurements taken once every twelfth month. The water samples shall be tested for the parameters specified in R 299.2443(1)(a). Results of analyses and water level measurements shall be submitted to the supervisor of mineral wells within 60 days of taking the sample or making the water level measurement.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2446** Secondary containment; general requirements {#sec-r-299.2446 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2446}

Rule 2446. Secondary containment measures at a wellhead or surface facility shall meet all of the following requirements:

(a) The sidewalls and floor of a secondary containment area shall be constructed and sealed in a manner to prevent the seepage of waste product, stored product, or brine into the surrounding soils, surface waters, or groundwater.

(b) Dikes or firewalls shall be maintained and the enclosure kept free of waste products, stored products, tank bottoms, brine, water, vegetation, debris, and any flammable or combustible material.

(c) The containment volume shall be the larger of 11% of the total capacity of all vessels or 111% of the capacity of the largest vessel located in a secondary containment area. For the purposes of this subdivision, the largest vessel is either the largest single vessel or those vessels connected in such a way to allow unrestricted gravity flow from vessel to vessel.

(d) A permittee shall install an automatic surface facility shutdown system if the facility has a through put of liquids in a 24-hour period that exceeds the containment volume of the secondary containment area. The automatic shutdown system shall be designed to prevent liquids from overflowing the secondary containment area. A surface facility shall be exempt from the requirement of an automatic shutdown system if the facility has staff present while operating and is equipped with alarm systems on the storage tank or tanks.

(e) All transfer and injection pumps shall have leak containment constructed to prevent the seepage of any liquids moved by the pump or any lubricating oils into the surrounding soils, surface waters, or groundwater.

(f) Wellheads and flare stacks shall have secondary containment and spill containment areas constructed in a manner to prevent the seepage of waste product, stored product, or brine into the surrounding soils, surface waters, or groundwater. Secondary containment at the wellhead shall be constructed in a manner to capture leakage of liquid that may occur.

In addition, if the wellhead is equipped with a pump jack utilizing a gasoline or dieselpowered engine, then the engine shall also have secondary containment that is sufficient to prevent the seepage of any machine oils or fuels into the surrounding soils, surface waters, or groundwater.

(g) A permittee shall keep secondary containment areas free of standing liquid. All spills in a secondary containment area shall be pumped up within 48 hours of discovering the spill.

(h) A permittee shall submit for the supervisor of mineral wells' approval, a plan for inspections and monitoring of active wells and surface facilities.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2447** Secondary containment; vessels {#sec-r-299.2447 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2447}

Rule 2447. (1) A vessel at a surface facility shall be elevated and placed on impervious pads or constructed so that any leakage can be easily detected. A vessel that is to be used on-site for 30 days or less shall, at a minimum, be placed on leak-resistant material installed in a manner to contain spills or leaks.

(2) A waste product, stored product, or brine storage vessel shall be located in a secondary containment area.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2448** Secondary containment; loading and unloading areas {#sec-r-299.2448 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2448}

Rule 2448. (1) A truck loading and unloading area located outside of a secondary containment area shall be constructed and sealed in a manner that prevents the seepage of waste product, stored product, or brine into the surrounding soils, surface waters, or groundwater. In addition, a ramp shall be constructed to contain any leakage from transfer operations at the vehicle being loaded or unloaded. The ramp area shall contain a sump and be connected to a secondary containment area so that any spillage drains into the sump and into the secondary containment area. The spill containment ramp and sump shall have a combined capacity of not less than 1,000 gallons.

(2) Sumps shall be constructed of materials impervious to the waste product, stored product, and brine and resistant to damage and deterioration during use. Sumps shall be connected to the ramp area and the secondary containment area in a manner that prevents leakage.

(3) All loading and unloading facility transfer lines that are not in use shall be secured to prevent spillage. A shutoff valve shall be installed at the truck connect point and at the storage vessels. All shutoff valves shall be left in a normally closed position.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2449** Secondary containment; piping {#sec-r-299.2449 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2449}

Rule 2449. All piping at a surface facility shall be routed above the ground and kept within the secondary containment area where practical. Piping that cannot be routed above the ground shall have its location marked with posts or with other location-identifying markers approved by the supervisor of mineral wells or authorized representative of the supervisor of mineral wells so that the buried piping can be easily located.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2450** Secondary containment; certification {#sec-r-299.2450 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2450}

Rule 2450. Upon completion of the construction of a surface facility, but before its use, a permittee of a well shall certify to the supervisor of mineral wells or authorized representative of the supervisor of mineral wells that the secondary containment area is constructed according to the approved plan. Following advance notice, the supervisor of mineral wells may require an inspection of a surface facility before it is put into service. If an inspection is required it shall be conducted within 5 business days of the receipt of certification.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2451** Access to surface facilities {#sec-r-299.2451 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2451}

Rule 2451. A permittee of a well shall provide a right of entry to a surface facility for monitoring to the supervisor of mineral wells or authorized representative of the supervisor of mineral wells.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2452** Safety measures {#sec-r-299.2452 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2452}

Rule 2452. If hazards to life or property, or both, exist, then a permittee of a well shall post safety signs in conspicuous places around the well or surface facility. The supervisor of mineral wells or authorized representative of the supervisor of mineral wells may require the installation of fences, gates, or other safety measures.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2453** Use of unlined pits prohibited {#sec-r-299.2453 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2453}

Rule 2453. A permittee of a well shall not use unlined earthen pits to collect waste products, stored products, brine, or tank bottoms.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2454** Cleanup and disposal of losses {#sec-r-299.2454 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2454}

Rule 2454. (1) A permittee of a well shall begin cleanup of losses of waste products, stored products or brine from wells, flow lines, and associated surface facilities as soon as possible but no later than within 24 hours of discovering the loss.

(2) Disposal of losses from wells, flow lines, and associated surface facilities shall be in a manner consistent with these rules and all applicable state and federal laws and regulations.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2455** Notice of serious accident; reporting {#sec-r-299.2455 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2455}

Rule 2455. (1) A person shall notify the supervisor of mineral wells or authorized representative of the supervisor of mineral wells of a serious accident that has caused or may cause waste. The notification shall be made by telephone as soon as possible but no more than 8 hours after discovery of the accident, and shall give the particulars of the accident. A detailed written report shall be submitted to the supervisor of mineral wells or authorized representative of the supervisor of mineral wells within 15 days of the accident.

(2) If a person cannot contact the supervisor of mineral wells or authorized representative of the supervisor of mineral wells after an accident, then the person shall immediately telephone the pollution emergency alerting system.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2456** Reporting of losses and spills {#sec-r-299.2456 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2456}

Rule 2456. (1) A permittee shall report a loss outside of a secondary containment area of more than 110 gallons of brine or nonhazardous substance from a surface facility or pipeline to the supervisor of mineral wells or authorized representative of the supervisor of mineral wells by telephone or in person within 24 hours of its discovery. The supervisor of mineral wells may require a permittee to submit a written report of the loss and remedial actions taken.

(2) A report of a loss or spill outside of a secondary containment area of less than 110 gallons of brine or nonhazardous substances is not required if the loss or spill is cleaned up within 24 hours of the discovery.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2457** Smoking and open flame restrictions {#sec-r-299.2457 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2457}

Rule 2457. A permittee of a well shall ensure that smoking and open flames shall not occur where waste products or stored products constitute a hazard of fire or explosion.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2458** Identification of wells and surface facilities {#sec-r-299.2458 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2458}

Rule 2458. A permittee of a well shall ensure that a well is identified by a sign which is posted in a conspicuous place and which is not more than 20 feet from the well. A sign shall be durably constructed, be kept in good condition, and the lettering shall be not less than 1 ½ inches high and legible under normal conditions at a distance of 25 feet. A sign shall show all of the following information:

(a) The permit number.

(b) The name of the permittee.

(d) The well location by quarter-quarter-quarter section, township, and range or street address.

(e) An emergency telephone number.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2459** Line markers for brine pipelines {#sec-r-299.2459 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2459}

Rule 2459. (1) If a pipeline conveys liquids to or from a well located outside the perimeter of a manufacturing plant, it is subject to the provisions of this rule.

(2) Except as provided in subrule (3) of this rule, a marker shall be placed and maintained as close as practical over each buried brine pipeline, as follows:

(a) At each crossing of a public road and railroad.

(b) When necessary to identify the location of the brine pipeline to reduce the possibility of damage or interference.

(3) Markers shall be placed and maintained along each section of a brine pipeline that is located above ground in an area which is accessible to the public.

(4) The following information shall be written legibly on a background of sharply contrasting color on each brine pipeline marker:

(a) The word "warning," or "caution," followed by the words "waste product brine" or "brine pipeline," all of which, except for markers in heavily developed urban areas, shall be not less than 1 ½ inches high and legible under normal conditions at a distance of 25 feet.

(b) The name of the permittee and the telephone number, including the area code, where the permittee can be reached at all times.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2460** Pipelines; records {#sec-r-299.2460 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2460}

Rule 2460. A permittee shall keep records covering each leak discovered, repair made, pipeline break, pipeline patrol, and inspection for as long as the segment of pipeline involved remains in service.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2461** Purging, removal, and abandonment of lines and vessels {#sec-r-299.2461 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2461}

Rule 2461. A permittee of a well shall remove all flow lines and vessels, including tanks, if the flow lines or vessels are not used for 1 year and shall provide notification of the removal to the supervisor of mineral wells or authorized representative of the supervisor of mineral wells. The supervisor of mineral wells may allow a line to be purged and abandoned in place upon written application from a permittee. The supervisor of mineral wells may grant an exception to this rule upon written application.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2462** Existing facilities; maintenance {#sec-r-299.2462 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2462}

Rule 2462. (1) A permittee of a well shall maintain all existing dikes or fire walls installed before the effective date of these rules, and shall keep the reservoir free of oil, emulsions, waste products, stored products, tank bottoms, brine, water, vegetation, debris, or any flammable or combustible material.

(2) The supervisor of mineral wells or authorized representative of the supervisor of mineral wells may require surface facilities constructed before the effective date of these rules to be upgraded to meet secondary containment requirements of this part if the facility is substantially modified or if losses have resulted in pollution.

(3) Before any modification of a secondary containment area, other than routine maintenance, a permittee of a well shall notify the supervisor of mineral wells or authorized representative of the supervisor of mineral wells in writing. The notification shall include a modified secondary containment plan reflecting the proposed changes. A permittee shall receive approval from the supervisor of mineral wells or authorized representative of the supervisor of mineral wells before making the modification. The supervisor of mineral wells or authorized representative of the supervisor of mineral wells shall approve or deny the request within 11 days of receipt of the request. The supervisor of mineral wells may require an inspection of the modified secondary containment area before it is returned to service.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2463** Nuisance odors {#sec-r-299.2463 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2463}

Rule 2463. A person may not cause a nuisance odor in the exploration for, development, production, handling, or use of brine, or in the operation of disposal or storage wells. If the supervisor of mineral wells or authorized representative of the supervisor of mineral wells receives 1 or more complaints of odor resulting from a well or surface facility operations, then the supervisor of mineral wells may require a permittee to suspend operations. If the nuisance odor is caused by hydrogen sulfide, the provisions of R 299.2461 shall apply. The supervisor of mineral wells may require a permittee to submit an odor abatement program to the supervisor of mineral wells with a timetable for implementing the program. Within 60 days of receipt, the supervisor of mineral wells shall determine if the odor abatement program is feasible and may approve the program.

PART 12. HYDROGEN SULFIDE MANAGEMENT

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2471** Determination by the supervisor of mineral wells {#sec-r-299.2471 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2471}

Rule 2471. (1) An applicant for a permit to drill and operate shall note on the application for a permit to drill and operate whether a proposed well is likely to encounter hydrogen sulfide during drilling and completion operations.

(2) A permittee shall note on an application for change of well status under R 299.2384 if a proposed change of well status is likely to result in hydrogen sulfide production.

(3) The supervisor of mineral wells or authorized representative of the supervisor of mineral wells shall make a final determination whether a proposed well is likely to encounter hydrogen sulfide during drilling, completion, or rework operations.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2472** Applicability of rules {#sec-r-299.2472 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2472}

Rule 2472. (1) If the supervisor of mineral wells or authorized representative of the supervisor of mineral wells determines a proposed well is likely to encounter hydrogen sulfide during drilling, change of well status, or repair operations and that the uncontrolled release of the hydrogen sulfide will pose a threat to public safety, the well shall be subject to the provisions of R 299.2473 to R 299.2483 and R 299.2489.

(2) If the supervisor of mineral wells or authorized representative of the supervisor of mineral wells determines a proposed well is likely to encounter hydrogen sulfide during completion operations, and that the uncontrolled release of the hydrogen sulfide will pose a threat to public safety, the well will be subject to the provisions of R 299.2484 to R 299.2488.

(3) If a well is completed for production from a hydrogen sulfide-bearing stratum and the uncontrolled release of the hydrogen sulfide causes a nuisance odor, then the supervisor of mineral wells may require the permittee to implement the provisions of R 299.2478 and R 299.2485 to R 299.2490.

(4) If a well does not encounter hydrogen sulfide during drilling, rework, or completion operations, or if hydrogen-sulfide-producing strata are isolated behind casing, then it shall no longer be subject to the provisions of this part.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2473** Metallic component standards {#sec-r-299.2473 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2473}

Rule 2473. A permittee of a well shall ensure that metallic components installed during the course of drilling, completing, testing, producing, repair, rework, or servicing operations after the effective date of these rules, where applicable, are in compliance with or exceed the standards for use in a hydrogen sulfide environment set forth in the nace standard MR0175-2000, 2000 edition, entitled "Sulfide Stress Cracking Resistant Metallic Material for Oil Field Equipment," which is adopted by reference in these rules. Copies may be inspected at the Lansing Office or Field Offices of the Geological and Land Management Division of the Department of Environmental Quality. Copies may be obtained from the Michigan Department of Environmental Quality, Geological and Land Management Division, P.O. Box 30256, Lansing, Michigan 48909, at a cost as of the time of adoption of these rules of $50.00 each, and from the National Association of Corrosion Engineers, P.O. Box 218340, Houston, Texas 77218, at a cost as of the time of adoption of these rules of $50.00 each.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2474** Location of wells {#sec-r-299.2474 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2474}

Rule 2474. In addition to the setback distances specified in R 299.2341, a well shall be located not less than 300 feet from existing areas maintained for public recreation, or the edge of the traveled portion of an existing interstate, United States, or state highway.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2475** Training {#sec-r-299.2475 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2475}

Rule 2475. (1) A permittee of a well shall ensure that all agents, employees, or other representatives of the permittee who are involved in drilling, completing, testing, producing, repair, rework, or servicing operations have received training from persons qualified in hydrogen sulfide safety. The training shall include all of the following matters:

(a) The physical properties and physiological effects of hydrogen sulfide.

(b) The effects of hydrogen sulfide on metals and elastomers.

(d) The location and proper use of safety equipment.

(e) The locations of primary and secondary briefing areas.

(f) The location and operation of the hydrogen sulfide detection and warning system.

(g) The corrective actions, shut-in procedures, well ignition procedures, and procedures for notifying off-site public authorities listed in the contingency plan to be followed in an emergency.

(h) The contents of the permittee's contingency plan.

(2) Not less than 2 persons per crew shall be trained in emergency first aid procedures, including red cross-approved or equivalent techniques of cardiopulmonary resuscitation.

(3) When a drilling contractor or other independent contractor is involved in drilling, completing, testing, producing, repairing, reworking, or servicing operations on a well, a permittee of a well may rely on written certification obtained from the contractor that the agents and employees of the contractor involved in the operations have received the training required by this rule. A permittee shall retain the written certification. Failure to ensure that employees receive adequate training and are current in the training is sufficient cause for the suspension of any or all components of the operations on the well. A suspension of operations shall continue as provided in R 299.2522.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2476** Securing of nonproducing wells {#sec-r-299.2476 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2476}

Rule 2476.A permittee of a nonproducing well subject to R 299.2472 shall ensure that the well is secured to prevent a person other than authorized personnel from opening the well.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2477** Warning signs; specifications {#sec-r-299.2477 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2477}

Rule 2477. A permittee of a well shall ensure that warning signs have letters that are not less than 1 ½ inches in height and that are legible under normal conditions at a distance of 25 feet.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2478** Contingency plans for drilling {#sec-r-299.2478 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2478}

Rule 2478. (1) A contingency plan for drilling shall be prepared by the applicant to provide an organized plan of action for alerting and protecting personnel at the well site and the public in the event of an emergency involving release of hydrogen sulfide gas. The contingency plan for drilling shall consist of 2 parts.

(2) Part 1 of the plan shall contain the general procedures that shall be followed in an emergency involving the possible release of hydrogen sulfide into the atmosphere and shall include both of the following sections:

(a) A section that lists, by title, personnel to be contacted and their duties and responsibilities. The list shall also include a delegation of duties and responsibilities and shall specify who is responsible for ordering ignition of the well if necessary. The list shall be kept current by the applicant or permittee.

(b) A section that contains all of the following information:

(i) The emergency circumstances that cause the plan to be put into operation.

(ii) The initial procedures to be followed if the plan is activated.

(iii) The actions to be taken to ensure that all personnel known to be on the location are accounted for and that nonessential personnel shall be safely removed.

(iv) The actions to be taken to restrict access of nonessential personnel to the location.

(v) The procedure for notifying the general public, public authorities, as listed in the contingency plan, and safety agencies in the event of an emergency.

(vi) If evacuation of the public is necessary, the procedure for conducting the evacuation.

(vii) The procedures for igniting the well.

(3) Part 2 of the plan shall be site-specific and shall contain all of the following information:

(b) A list of names, telephone numbers, and addresses of all of the following:

(i) Seasonal and permanent residents.

(ii) Private businesses.

(iii) Schools.

(iv) Places of worship.

(v) Hospitals.

(vi) Governmental offices.

(vii) Parties responsible for the areas maintained for public camping or gathering identified on the map.

(i) Representatives of the permittee.

(ii) Representatives of the drilling contractor.

(iii) The emergency preparedness coordinator.

(iv) Local ambulance services.

(v) Local hospitals.

(vi) Local fire departments.

(vii) The department.

(viii) The pollution emergency alerting system.

(4) An applicant shall submit part 1 of the contingency plan for drilling a well at the request of the supervisor of mineral wells or authorized representative of the supervisor of mineral wells. The applicant shall submit part 2 of the contingency plan for drilling with the application for a drilling permit.

(5) If drilling a well in a highly populated area, an applicant may request, from the supervisor of mineral wells or authorized representative of the supervisor of mineral wells, an exception to the requirement to prepare the map and accompanying list of residences required in subrule (3) of this rule. Before granting an exception, the supervisor of mineral wells or authorized representative of the supervisor of mineral wells shall confer with the local emergency preparedness coordinator on the appropriateness of granting the exception and the alternative methods available for notification of the local residences if there is a need to evacuate the public. If an exception is granted, the local emergency preparedness coordinator shall be contacted by the supervisor of mineral wells or authorized representative of the supervisor of mineral wells when the applicant is notified that the exception has been approved. The contact with the local emergency preparedness coordinator shall include notification that the map and accompanying list of residences required in subrule (3) of this rule have not been prepared and that the development of a procedure for evacuation of the public, if necessary, is the responsibility of the local emergency preparedness coordinator.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2479** Compliance with rules; time {#sec-r-299.2479 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2479}

Rule 2479. A permittee of a well subject to R 299.2472 shall comply with R 299.2480 to R 299.2483 not later than the time at which drilling reaches a depth of 500 feet above the projected top of the geological stratum suspected by a permittee or the supervisor of mineral wells or authorized representative of the supervisor of mineral wells to contain hydrogen sulfide. Compliance shall continue until all formations or strata suspected to contain hydrogen sulfide are cased off, plugged, or drilled and demonstrated not to be productive of hydrogen sulfide.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2480** Briefing areas {#sec-r-299.2480 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2480}

Rule 2480. (1) A permittee of a well shall establish primary and secondary briefing areas at the drilling site. A permittee shall ensure that safety equipment is located at the upwind briefing area.

(2) The supervisor of mineral wells or authorized representative of the supervisor of mineral wells may require safety equipment, in addition to that listed in R 299.2304(k), if necessary for the safety of the public or the workers.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2481** Emergency preparedness coordinator; contact by permittee {#sec-r-299.2481 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2481}

Rule 2481. A permittee of a well shall notify the appropriate emergency preparedness coordinator not less than 24 hours before the commencement of drilling. The permittee shall retain proof of notification and shall make the proof available to the supervisor of mineral wells upon request. The notification shall contain all of the following information:

(a) The location of the drilling site.

(b) The fact that the well is expected to encounter hydrogen sulfide.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2482** Wind direction indicators {#sec-r-299.2482 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2482}

Rule 2482. A permittee of a well shall install wind direction indicators at the drilling site.

The wind direction indicators shall be visible from all normal work stations within the drilling site.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2483** Equipment; electric or mechanical fan; hydrogen sulfide detection and warning system; emergency escape self-contained breathing apparatus; rig floor ventilation {#sec-r-299.2483 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2483}

Rule 2483. (1) A permittee of a well shall install a hydrogen sulfide detection and warning system that activates audible and visual alarms if hydrogen sulfide is detected. Visual alarms shall be activated if a hydrogen sulfide concentration of 11 ppm is detected. Audible alarms shall be activated if a hydrogen sulfide concentration of 20 ppm is detected.

(2) A permittee of a well shall locate hydrogen sulfide sensors as follows:

(a) For rotary rigs, at all of the following locations:

(i) The shale shaker or at the point of first release of gas from the returning stream of drilling fluid.

(ii) On the rig floor.

(iii) In the substructure.

(iv) At the mud hopper.

(b) For cable tool rigs, at the point of first release of gas from the well bore and on the rig floor.

(3) After the sensors are mounted, the system shall be calibrated according to the manufacturer's instructions. The detection and warning system shall be tested before drilling into the geological stratum suspected to contain hydrogen sulfide. The permittee shall record the calibrations and tests in the driller's log. The supervisor of mineral wells or authorized representative of the supervisor of mineral wells may witness the testing and calibration.

(4) A permittee of a well shall ensure that an emergency escape self-contained breathing apparatus is readily available to every member of the drilling crew at that member's work station and to other personnel required to be on the rig floor during the drilling operation.

(5) A permittee of a well shall ensure that the rig floor and substructure of a well are adequately ventilated to prevent the accumulation of gas and shall utilize an electric or mechanical fan that operates constantly during the operation if natural ventilation is inadequate to keep the wellhead area free from gas.

(6) A permittee of a well shall ensure that well safety equipment is the same equipment that is required under R 299.2304(a). Safety equipment shall be located at the upwind briefing areas unless otherwise stated in this rule. The supervisor of mineral wells or authorized representative of the supervisor of mineral wells may require the use of safety equipment, in addition to the equipment listed in R 299.2304(a), if necessary for the safety of the public.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2484** Initial testing {#sec-r-299.2484 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2484}

Rule 2484. (1) When initial testing of a well subject to R 299.2472(2) is performed, a permittee of a well shall comply with all of the following requirements not later than the start of testing if permanent surface facilities have not been installed:

(a) One or more wind direction indicators shall be installed and shall be visible from all normal work stations within the test site.

(b) The supervisor of mineral wells may require installation of an incinerator or flare for the purpose of burning all gas and stock tank vapor produced during the test. The incinerator or flare shall be equipped with a continuous pilot light or a pilot light outage detector that has an automatic reignition system. The incinerator or flare shall be located not less than 75 feet from the wellhead and test tanks and shall be positioned so that the prevailing winds carry the combustion products away from the site. A flashback prevention system shall be installed between the incinerator or flare and the test tanks.

(i) Not less than 2 self-contained, pressure-demand breathing apparatus that have a 30minute air supply.

(ii) A first aid kit.

(iii) A portable electronic hydrogen sulfide detector.

(iv) An emergency escape self-contained breathing apparatus for each member of the test crew.

(v) The supervisor of mineral wells or authorized representative of the supervisor of mineral wells may require the use of safety equipment, in addition to the equipment listed in R 299.2304(a), if necessary for the safety of the public.

(d) If required by the supervisor of mineral wells, warning signs that have the word "danger" or "caution" followed by the words "poison gas" shall be posted at the entrances to all access roads.

(e) The supervisor of mineral wells or authorized representative of the supervisor of mineral wells shall be notified of the expected start-up date of the initial test.

(2) During the test period, a permittee of a well shall determine the hydrogen sulfide content of any gas and stock tank vapor produced. Hydrogen sulfide content shall be determined on-site using colorimetric or length of stain tubes or other equipment designed to measure hydrogen sulfide concentrations utilizing a procedure approved by the supervisor of mineral wells or authorized representative of the supervisor of mineral wells.

(3) Operations or procedures that require the use of a self-contained breathing apparatus shall be performed only if backup personnel who are authorized by the permittee of the well are on-site.

(4) The supervisor of mineral wells or authorized representative of the supervisor of mineral wells may grant exceptions to this rule when compliance with this rule is not necessary to provide for the protection or safety of the public or when a well or associated surface facilities are not likely to pose a threat to public safety.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2485** Fluid analyses {#sec-r-299.2485 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2485}

Rule 2485. The supervisor of mineral wells or authorized representative of the supervisor of mineral wells may require gas and brine analyses to determine hydrogen sulfide concentration. A permittee of a well shall report, in writing, the results of a gas and brine analysis to the supervisor of mineral wells within 45 days of the date of the analysis. The report shall state the methods of sampling and analysis used.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2486** Vessels used for storing brine; equipment requirements {#sec-r-299.2486 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2486}

Rule 2486. A vessel which is located at a well that is used for the storage of brine is subject to all of the following requirements:

(a) A permittee shall install a sealing, pressure-vacuum-type hatch, except that a pressurevacuum-type hatch is not required on a storage vessel if the venting of vapor to the atmosphere is permitted under subdivision (c) of this rule. A hatch shall be kept closed when a tank is not being gauged.

(b) Except as provided in subdivision (c) of this rule, a permittee shall install a vent line for conveying released gasses and vapors to an incinerator, flare, vapor recovery system, or other system designed to prevent release of hydrogen sulfide to the atmosphere. A flashback prevention system shall be installed on the line between a vessel and an incinerator or flare. If a vapor recovery or other system is used, then a flare or incinerator shall be available for emergency use.

(c) A vessel may be vented to the atmosphere if the vent is located not less than 11 feet above the tank top and if the opening of the vent is within the diked area or not less than 20 feet above the ground if the opening of the vent is outside the diked area, and venting does not result in a nuisance odor.

(d) A permittee of a well shall install a fence around the vessel. The fence shall have a gate and be located not less than 20 feet from the base of a storage vessel. A permittee shall ensure that warning signs with the word "danger" or "caution" followed by the words "poison gas" are installed on all sides of the fence. If the supervisor of mineral wells or authorized representative of the supervisor of mineral wells finds that a threat to the public safety exists due to emissions of sulfur-bearing gas or vapor, then fencing other than that specified in R 299.2302(q) may be required.

(e) The supervisor of mineral wells may require the use of a tank gauging system that does not require the opening of the tank hatches if a verified chronic nuisance odor results from tank gauging.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2487** Incinerators and flares; equipment and design requirements; additional requirements {#sec-r-299.2487 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2487}

Rule 2487. (1) A permittee of a well shall ensure that an incinerator or flare installed pursuant to R 299.2484(1)(b) or R 299.2486(b) is designed and equipped to prevent the release of unburned gas to the atmosphere. If the daily volume of gas handled by the incinerator or flare contains 28 pounds or more of hydrogen sulfide, then a permittee shall ensure that the incinerator or flare is equipped with a mechanism that operates upon failure of the pilot light to shut off the flow of fluid from the wellhead.

(2) A permittee of a well subject to this part shall install a fence around an incinerator or flare as required by R 299.2486(d). A fence shall be located not less than 20 feet from the base of the incinerator or flare. A permittee of a well shall ensure that warning signs that have the word "danger" or "caution" followed by the words "poison gas" are posted on all sides of the fence. If the supervisor of mineral wells or authorized representative of the supervisor of mineral wells finds that a threat to the public safety still exists due to emissions of the incinerator or flare, then fencing other than that specified R 299.2302(q) may be required.

(3) If the supervisor of mineral wells or authorized representative of the supervisor of mineral wells finds that a threat to the public health or safety exists due to the emission of sulfur-bearing gasses or vapors, then a flare stack or incinerator stack that is more than 20 feet high, as specified in R 299.2302(s) and R 299.2303(e), may be required.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2488** Vehicle loading racks; vapor return lines required; vapor vent lines permitted {#sec-r-299.2488 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2488}

Rule 2488. (1) Truck vapor return lines are required on the loading racks of the surface facilities and shall be utilized when hydrogen sulfide-bearing brine is loaded into the truck, except as provided in this rule.

(2) Truck vapor vent lines are permitted if the point of emission is not less than 75 feet from the loading rack and not less than 300 feet from an existing recorded fresh water well or reasonably identifiable fresh water well used for human consumption or an existing structure used for public or private occupancy. The allowance for truck vapor vent lines may be rescinded in specific cases if the supervisor of mineral wells or authorized representative of the supervisor of mineral wells determines that nuisance odors are caused by the use of the vent lines.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2489** Servicing; requirements {#sec-r-299.2489 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2489}

Rule 2489. Before beginning an operation that requires removing the seal between the tubing and production casing, a permittee of a well shall meet all of the following requirements:

(a) Blowout prevention equipment shall be sized to accommodate the tubing and rework drill pipe shall be installed and tested.

(b) Primary and secondary briefing areas shall be established.

(c) The same safety equipment that is required under R 299.2304(a) is required. Safety equipment shall be located at the upwind briefing areas. The supervisor of mineral wells or authorized representative of the supervisor of mineral wells may require the use of safety equipment, in addition to the equipment listed in R 299.2304(a), if the equipment is necessary for public safety.

(d) An electric or mechanical fan shall be located at the well site. The fan shall be operated constantly during the operation to keep the wellhead area free from gas if natural ventilation is inadequate.

(e) A hydrogen sulfide detection and warning system shall be installed and have the detector located downwind from the well or in the direction in which the fan is blowing.

The detection and warning system shall activate visual alarms if a hydrogen sulfide concentration of 11 ppm is detected. Audible alarms shall be activated if a hydrogen sulfide concentration of 20 ppm is detected.

(f) Signs that have the word "danger" or "caution" followed by the words "poison gas" shall be installed at the entrances of all access roads.

(g) The supervisor of mineral wells or authorized representative of the supervisor of mineral wells shall be notified before the start of servicing operations.

(h) A revised and updated contingency plan shall be at the well site and shall be reviewed with all workers.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2490** Nuisance odor prohibited {#sec-r-299.2490 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2490}

Rule 2490. A person shall not cause a nuisance odor in the exploration for, development, production, handling, or use of brine, or in the operation of disposal or storage wells.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2491** Demonstration of hydrogen sulfide concentration {#sec-r-299.2491 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2491}

Rule 2491. If a well or its associated surface facilities produce hydrogen sulfide and the supervisor of mineral wells or authorized representative of the supervisor of mineral wells receives 1 or more complaints of odor regarding the facility, then the supervisor may require the permittee of a well to demonstrate that the concentration of hydrogen sulfide at the location of a complaint is less than 0.2 ppm for a 1 hour time-weighted average, using a method acceptable to the supervisor.

PART 13. HEARINGS

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2501** Hearing; purpose; scheduling; request or petition generally {#sec-r-299.2501 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2501}

Rule 2501. Hearings may be held to receive evidence pertaining to the need or desirability of an action or an order by the supervisor of mineral wells. A hearing may be scheduled at the initiative of the supervisor of mineral wells or by the supervisor of mineral wells upon the receipt of a petition, which is properly filed as specified in R 299.2502, from an owner, permittee, lessee, lessor, or other person who establishes to the satisfaction of the supervisor of mineral wells that he or she has an interest in the matter proposed for hearing.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2502** Petition for hearing; contents {#sec-r-299.2502 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2502}

Rule 2502. (1) A proper written petition for a hearing shall be filed on 8 1/2 by 11-inch paper, except for the material filed under subdivisions (e) and (f) of this subrule, with an original and 4 identical copies, and shall contain the following information as is pertinent to the matter proposed for hearing:

(a) The name and address of petitioner.

(b) A specific statement of the matters asserted or relief sought indicating the rule, order, or section of the act applicable to the petition.

(c) The legal description of the lands that are the subject of the petition, including property description, locations, sections, townships, and counties relating to the matter to be heard, and a statement of the petitioner's interest.

(d) A map of the lands that are the subject of the petition, showing the location or locations of facilities thereon, which are subject to this part, and lands within 1,320 feet of the outside boundary of the lands that are the subject of the petition. The map shall generally indicate the use and occupancy of all such lands.

(e) Other drawings and data that may be useful in considering the matter to be heard.

(f) The name and address of the newspaper circulated in the county or counties where the lands that are the subject of the petition are located.

(g) A copy of the first page of a permit application.

(h) The name, address, and telephone number of the representative or representatives of the petitioner to whom inquiries may be made.

(i) Such additional information as the supervisor of mineral wells may require to assess the subject matter and scope of the petition, and to determine the content of the service list to be compiled pursuant to R 299.2504(1).

(2) The supervisor of mineral wells may return a petition that does not comply with these rules and may include a list of the deficiencies of the petition.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2503** Hearings subject to administrative procedures act of 1969 {#sec-r-299.2503 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2503}

Rule 2503. A hearing scheduled by the supervisor of mineral wells shall be conducted under 1969 PA 306, MCL 24.201 et seq., unless a different procedure is authorized by the act or these rules. All hearings shall be conducted in a fair and impartial manner.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2504** Notice of hearing; service; answer {#sec-r-299.2504 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2504}

Rule 2504. (1) The supervisor of mineral wells shall prepare and furnish the notice of hearing to the petitioner, together with instructions for publication and service of the notice.

(2) The petitioner shall compile a service list following instructions from the supervisor of minerals wells, based on information contained in the petition and based on additional information to be developed by the petitioner. The service list shall be compiled so as to assure reasonable notice to all persons entitled to receive notice of hearing.

(3) The notice of hearing shall be published by the petitioner in a newspaper of general circulation in the county or counties involved with the matter to be heard. Publication shall occur once each week for 2 consecutive weeks before the date of the hearing. The last date of publication shall be at least 30 days before the date set for the hearing. Affidavits of proof of publication shall be filed with the supervisor of mineral wells before the order is issued.

(4) The petitioner shall mail copies of the notice of hearing not less than 30 days before the hearing, to the persons listed on the service list, by first-class mail or personal service.

An affidavit of proof of mailing shall be filed with the supervisor of mineral wells stating that the notice was deposited in the United States mail not less than 30 days before the hearing date, first-class postage prepaid, addressed to each person so served at his or her record address as set forth in the service list. Each person served, and his or her address of record, shall be specifically identified in the affidavit. The supervisor of mineral wells may require service by certified mail, return receipt requested.

(5) If a hearing is initiated by the supervisor of mineral wells, or if the scope of a hearing requested by a petitioner is enlarged at the initiative of the supervisor of mineral wells, then the supervisor of mineral wells shall publish the notice of hearing.

(6) An interested person shall not participate as a party in a hearing conducted under a petition unless the person files an answer in a timely manner with the supervisor of mineral wells and serves the answer to the petition upon the petitioner. An answer delivered in a timely manner shall be in the possession of the supervisor of mineral wells and the petitioner not less than 5 days before the date set for the hearing. The answer shall be in writing and shall set forth with specificity the interested person's positions with regard to the representations made or relief sought in the petition. An interested person is responsible for requesting a copy of the petition from the petitioner at the contact information set forth in the notice of hearing. The petitioner shall mail or deliver a copy of the petition and attachments to the interested person within 3 business days after receipt of a request.

Failure of the petitioner to mail or deliver a copy of the petition to an interested person in a timely manner relieves the interested person of the obligation to file an answer and the interested person may present evidence or cross-examine witnesses. Failure to file and serve an answer in a timely manner precludes an interested person from presenting evidence at the hearing or cross-examining witnesses. However, a person who does not file an answer in a timely manner may make a nonevidentiary statement at the hearing.

(7) The notice of hearing shall contain the following statement:

An interested person may obtain a copy of the written petition by requesting 1 from the petitioner at_________________________________________. Take note that if an interested person wishes to participate as a party in the hearing by presenting evidence or cross-examining witnesses, an interested person shall prepare and deliver to the petitioner and supervisor of mineral wells, not less than 5 days before the hearing date, an answer to the petition in the manner set forth in R 299.2504(6). Proof of delivering the answer shall be filed with the supervisor of mineral wells on or before the date of the hearing. The answer shall state with specificity the interested person's position with regard to the petition. Failure to prepare and deliver an answer in a timely manner shall preclude an interested person from presenting evidence or cross-examining witnesses at the hearing. If an answer to the petition is not filed, the supervisor of mineral wells may elect to consider the petition and enter an order without oral hearing.

(8) Upon a showing that service of notice cannot reasonably be made as provided by this rule, the supervisor of mineral wells may authorize service of the notice of hearing in another manner reasonably calculated to give the interested persons actual notice of the proceeding and an opportunity to be heard. A request for this authorization shall be made by verified motion. The motion shall set forth sufficient facts to establish that service under subrules (2) to (4) of this rule cannot reasonably be made and shall suggest an alternative method of service.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2505** Types of hearings {#sec-r-299.2505 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2505}

Rule 2505. (1) Upon receipt of a petition, the supervisor of mineral wells, after finding the petition to be complete, reasonable, and appropriate, shall determine whether the petition shall be heard. The supervisor of mineral wells shall give each hearing 1 of the following designations:

(a) A supervisor of mineral wells evidentiary hearing to consider the adoption of an order having statewide application or ramifications.

(b) A supervisor of mineral wells evidentiary hearing to consider matters of local concern in the administration of these rules or the orders of the supervisor of mineral wells or to consider other matters as may be referred to the supervisor of mineral wells.

(c) A supervisor of mineral wells uncontested evidentiary hearing to consider matters of local concern in the administration of these rules or the orders of the supervisor of mineral wells or to consider a petition to which an answer was not filed as provided in R 299.2504(6).

(2) If a timely answer is not filed to a petition or if oral hearing is waived by all interested persons present at a hearing, then the supervisor of mineral wells may direct that a petition be processed under subrule (1)(c) of this rule. In these cases, proceedings under subrule (1)(c) of this rule may be used if it appears that all issues of material fact may be resolved by means of written materials and that the proceeding can be efficiently handled without oral hearing. Where there is no oral hearing, all substantive evidence shall be presented by verified statement. The supervisor of mineral wells may require supplemental verified statements.

(3) Prehearing conferences may be held at the discretion of the supervisor of mineral wells upon good cause shown, when the facts or legal issues are complex. A party may request a prehearing conference in his or her petition, answer, or in a responsive pleading. A hearing may be converted to a prehearing conference to ensure an orderly and expeditious hearing.

(4) The parties to a proceeding may, by stipulation in writing or entered on the record, agree upon facts, law, or procedure involved in the matter. Stipulations of fact shall be considered as evidence in the proceeding.

(5) The supervisor of mineral wells may, at any time during a proceeding, designate a hearings officer to conduct an evidentiary hearing as provided for under subrule (1)(a) of this rule.

(6) The parties to a matter within the jurisdiction of the supervisor of mineral wells may agree to dispose of all or a part of a matter at issue by stipulation and consent order. The supervisor of mineral wells may enter the stipulation as a consent order, place the stipulation on public notice as is appropriate, or reject the stipulation.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2506** Final decision or order {#sec-r-299.2506 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2506}

Rule 2506. (1) The supervisor of mineral wells or authorized representative of the supervisor of mineral wells, shall issue a final decision or order as a result of a hearing held under R 299.2505 or as a result of the procedure under R 299.2505(1)(c) after giving due consideration to all of the following:

(a) The record.

(b) The supervisor of mineral wells' experience, technical competence, and specialized knowledge.

(c) The proposal for decision, if one is issued, and exceptions to the proposal for decision, replies to exceptions, and, if permitted by the supervisor of mineral wells, oral arguments, and written briefs.

(d) The advice or recommendations of the representative of the supervisor of mineral wells when such advice or recommendation is part of the hearing record.

(e) The stipulations or agreements that the contesting parties have placed on the record at a hearing or submitted in writing to the supervisor of mineral wells or the hearings officer.

(f) The act and rules.

(2) The final written decision or order of the supervisor of mineral wells shall be furnished to the petitioner. The petitioner shall serve copies, by first-class mail, within 3 business days, to all persons who filed an answer as provided in R 299.2504(6) and to all persons who filed an appearance at the hearing, or who requested a copy of the final written decision.

(3) When a hearing is scheduled at the initiative of the supervisor of mineral wells, the supervisor of mineral wells shall serve copies of the final written decision or order, by firstclass mail, within 3 business days, to all persons who filed an answer as provided in R 299.2504(6), who filed an appearance at the hearing, or who otherwise requested a copy of the final written decision.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2507** Subpoenas; discovery {#sec-r-299.2507 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2507}

Rule 2507. (1) At any time in a proceeding, the supervisor of mineral wells may order a party or witness to attend and testify orally at the hearing. Subpoenas for attendance at a hearing shall be issued by the supervisor of mineral wells upon application by a party. A subpoena may also command the person to whom it is directed to produce the books, papers, documents, or tangible things designated in the subpoena, which shall be specified in detail.

(2) A subpoena shall state the purpose or the title of the proceeding and shall command each person to whom it is directed to attend and comply with the subpoena at a time and place specified in the subpoena. The supervisor of mineral wells, upon a motion made at or before the time specified in the subpoena for compliance with the subpoena, may do either or both of the following:

(a) Quash or modify a subpoena or subpoena duces tecum if it is unreasonable or oppressive or if it requires the production of evidence that is not relevant or material to a matter in issue.

(b) Condition the subpoena, in the case of a subpoena duces tecum, upon the advancement, by the person in whose behalf the subpoena is issued, of the reasonable cost of producing the books, papers, documents, or tangible things, unless otherwise provided by law.

(3) The supervisor of mineral wells may issue an order to take a deposition, interrogatory, or other discovery either upon a motion by the supervisor of mineral wells or for good cause shown by a party to a proceeding. If a deposition, interrogatory, or other discovery is permitted, it shall be taken according to the rules for conducting discovery in circuit court civil cases under the Michigan rules of court.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2508** Continuance of hearing {#sec-r-299.2508 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2508}

Rule 2508. A hearing, as provided in these rules, may be continued at the discretion of the supervisor of mineral wells or the presiding officer until all required testimony is submitted and all pertinent data and information are received. Further notice of the continuance of the hearing is not required, other than the announcement at the hearing of the date, time, and place of the continued hearing or service of written notice on those persons who filed an appearance at the first hearing.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2509** Failure to give notice of hearing {#sec-r-299.2509 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2509}

Rule 2509. Failure to give notice of the time of a hearing to a person entitled to the notice shall not constitute a bar to conducting of the hearing if the petitioner can demonstrate substantial compliance with the notice requirements.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2511** Emergency orders and hearings {#sec-r-299.2511 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2511}

Rule 2511. (1) When an emergency order is issued by the supervisor of mineral wells, the person subject to the order shall be served with the order, either personally or by certified, return receipt mail.

(2) An emergency hearing may be scheduled by the supervisor of mineral wells to consider matters of urgency or as a result of the issuance of an emergency order. Notice of hearing shall be served by certified mail, return receipt requested, not less than 11 days before the hearing date, on other interested persons as the supervisor of mineral wells shall consider necessary and appropriate.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2512** Appeals to the director of the department {#sec-r-299.2512 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2512}

Rule 2512. (1) An owner or permittee may file an appeal to the director of the department as provided by section 62504 of the act. The appeal shall be in writing and filed with the director of the department. The appeal shall set forth the basis for the filing of an appeal.

(2) An appeal from an order of the supervisor of mineral wells that is issued after a hearing shall be an appeal on the record. The appealing party shall order and file a transcript of the evidentiary hearing before the supervisor of mineral wells. The supervisor of mineral wells shall prepare and file the record of the proceeding of the appeal.

(3) Upon receipt of an appeal from an order of the supervisor of mineral wells, the director of the department shall set a schedule for the filing of briefs on appeal. Oral argument, if requested by the appealing party, and granted by the director, shall be held after the filing of briefs. A prehearing conference may be scheduled to establish a schedule for the appeal.

(4) The permittee or owner appealing an order, action, or inaction of the supervisor of mineral wells shall file a petition of appeal to the director of the department. The petition and notice requirements are the same requirements for petitions for a hearing before the supervisor of mineral wells under R 299.2501 to R 299.2504.

(5) An appeal to the director of the department shall be filed within 30 days of the order, action, inaction, or procedure.

PART 14. ENFORCEMENT

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2521** Authority of supervisor of mineral wells {#sec-r-299.2521 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2521}

Rule 2521. The supervisor of mineral wells, under section 62508 of the act, may do any of the following:

(a) Enforce all rules, issue orders, determinations, and instructions necessary to enforce the rules and regulations, and do whatever may be necessary with respect to the subject matter stated in these rules to carry out the purposes of these rules and the act, whether or not the orders, determinations, or instructions are indicated, specified, or enumerated in the act or rules.

(b) Order the suspension of any or all components of the operation when a violation exists.

The suspension time shall continue until a correction is made and a violation no longer exists as provided by section 62507 of the act. The supervisor of mineral wells may also prohibit a person from taking brine from the well during the required suspension time.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2522** Suspension of operations {#sec-r-299.2522 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2522}

Rule 2522. (1) The supervisor of mineral wells or authorized representative of the supervisor of mineral wells may require immediate corrective action, including suspending any or all components of the drilling or other well operations, if the drilling or other well operation has been determined by the supervisor of mineral wells to be in violation of the provisions of the act, these rules, permit conditions, instructions, or orders of the supervisor of mineral wells and causes or threatens to cause waste.

(2) A suspension of operations shall be in effect for not more than 5 days or until the operation is in compliance and waste or the threat of waste is eliminated. To extend the suspension beyond 5 days, the supervisor of mineral wells shall issue an emergency order to continue the suspension of operations and may schedule a hearing under part 13 of these rules. The total duration of the suspension of operations by emergency order shall not be more than 21 days, as provided in section 62507 of the act.

PART 15. MINERAL WELL REGULATORY FEE

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 299.2531** Filing of records; determination of fee; payment of fee; non-payment of fee {#sec-r-299.2531 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2531}

Rule 2531. (1) The supervisor of mineral wells shall require an owner to file a list, on a form prescribed by the supervisor of mineral wells, of all mineral wells owned by that owner which were useable for their permitted purpose or which were not properly plugged as of January first of the current calendar year.

(2) The list required in subrule (1) of this rule shall be filed by January 28 of the current calendar year.

(3) The supervisor of mineral wells shall determine the amount of the mineral well regulatory fee owed by an owner and shall notify the owner by March 1 of the current calendar year. The fee charged for a well shall be as prescribed in the act.

(4) The mineral well regulatory fee shall be due and payable before May 1 of the current calendar year.

(5) For the purposes of this rule a well is considered properly plugged when it has reached final completion.

(6) The supervisor of mineral wells shall consider a well abandoned if the fee has not been paid for 2 consecutive calendar years.

**History**
- *History: 2004 AACS; 2008 AACS.*

## **Water Resources Division** Water Resources Division

### **R 299.2901 to R 299.2974** Sewerage Systems

##### **Mich. Admin. Code R 299.2901** Purpose {#sec-r-299.2901 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2901}

DEPARTMENT OF ENVIRONMENT, GREAT LAKES, AND ENERGY

WATER RESOURCES DIVISION

SEWERAGE SYSTEMS

(By authority conferred on the director of the department of environment, Great Lakes, and energy by section 4104 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.4104, and Executive Reorganization Order Nos. 1995-16, 2009-31, 2011-1, and 2019-1, MCL 324.99903, 324.99919, 324.99921, and 324.99923)

PART 1. GENERAL PROVISIONS

Rule 1. These rules are promulgated for the purpose of implementing the provisions of the act.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 299.2903** Definitions {#sec-r-299.2903 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2903}

Rule 3. As used in these rules:

(a) "Act" means the natural resources and environmental protection act, 1994 PA 451, MCL 324.101 to 324.90106.

(b) "Board" means the board of certification authorized by R 299.2916.

(c) "Certificate" means a document that is issued by the department to a person that meets specific qualification requirements specified in these rules, qualifying the person as a certified operator.

(d) “Combined sewer system” means a sewer system that conveys domestic and industrial wastes and stormwater through a single pipe.

(e) "Department" means the director of the department of environment, Great Lakes, and energy or the director’s designee.

(f) "Division" means the appropriate division of the department as delegated by the director.

(g) "Governmental agency" means a city, village, township, county, metropolitan district, other unit of government, or officers of the entities specified in this subdivision.

(h) "Operator" means an individual who works in a treatment facility or collection system and has some responsibility for the operation of the treatment facility or collection system.

(i) "Person" means an individual, partnership, association, corporation, or a governmental agency.

(j) “Public” means 1 or more persons that discharge sewage from its sewer lead into a sewer system, sewerage system, or treatment facility, as defined in these rules.

(k) "Renewal cycle" means the period of time from the issuance date to the expiration date stated on a certificate or a replacement certificate.

(l) "Replacement certificate" means a certificate issued to an individual who holds a valid certificate.

(m) “Retention treatment basin” or “RTB” means an approved treatment facility installed to retain and treat domestic and industrial wastes and stormwater from a combined sewer system during storm events, in accordance with its discharge permit.

(n) "Sewer system" or “collection system” means the pipes, channels, conduits, manholes, pumping stations, and appurtenances, collectively or severally, used or intended for use by the public for the purpose of collecting, conveying, or transporting domestic and industrial wastes to a treatment facility for more than 1 individually owned real property.

(o) "Sewerage system" means a sewer system and treatment facility that is used or intended for use by the public and is used to collect, transport, and treat domestic and industrial wastes for more than 1 individually owned real property.

(p) "Superintendent" means an individual who is in charge of and responsible for the operation of a treatment facility or collection system and is vested with the authority and responsibility for the establishment and execution of specific practices and procedures controlling the operations of the treatment facility or collection system in accordance with the policies of the owner of the treatment facility or collection system and the department.

(q) "Treatment facility" means structures, equipment, and appurtenances, collectively or severally, used or intended for use by the public for the purpose of treating or otherwise handling domestic and industrial wastes for more than 1 individually owned real property.

**History**
- *History: 1979 AC; 1999 AACS; 2003 AACS; 2026 MR 8, Eff. April 29, 2026.*

##### **Mich. Admin. Code R 299.2905** Rescission {#sec-r-299.2905 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2905}

Rule 5. The following rules are rescinded:

(a) R 325.461 (b) R 325.1121 to R 325.1128

PART 2. TREATMENT FACILITY AND COLLECTION SYSTEM

CLASSIFICATION AND OPERATOR CERTIFICATION

**History**
- *History: 1979 AC; 2003 AACS.*

##### **Mich. Admin. Code R 299.2911** Initial treatment facility and collection system classification {#sec-r-299.2911 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2911}

Rule 11. (1) Except as provided for in subrules (3), (4), and (5) of this rule, treatment facilities shall be classified by the department into 4 classes, designated as class A, B, C, or D, with class A being the highest. Collection systems shall be classified by the department into 4 classes, designated as class C1, C2, C3, or C4, with class C1 being the highest. The classifications must be based on population served, the type of treatment facility or collection system, the character and volume of wastes to be treated, and the use and nature of the waters of the state receiving the effluent thereof. Treatment facilities and collection systems classified according to the population criteria in subrules (2) and (6) of this rule may be placed in a higher classification by the department, by reason of the incorporation in the treatment facility or collection system of special features of design, by characteristics more difficult to operate than usual, by reasons of a particularly difficult type of sewage, by reason of particular stream conditions or combinations thereof.

(2) One of the following minimum classifications must be assigned to each treatment facility that serves the public:

(a) Class A, treatment facilities serving or designed to serve a population of 50,000 or more persons.

(b) Class B, treatment facilities serving or designed to serve a population of 10,000 or more, but less than 50,000, persons.

(c) Class C, treatment facilities serving or designed to serve a population of 2,000 or more, but less than 10,000, persons.

(d) Class D, treatment facilities serving or designed to serve a population of less than 2,000 persons.

(3) Treatment facilities utilizing the waste stabilization lagoon process shall be classified by the department into 1 of the 2 following classes, designated as class L2 and L1:

(a) Class L2, treatment facilities utilizing the waste stabilization lagoon process that include special mechanical devices such as aerators, chemical precipitation, disinfection, or other factors. Class L2 must be considered a higher classification than class L1.

(b) Class L1, treatment facilities utilizing the waste stabilization lagoon process that do not include special mechanical devices such as aerators, chemical precipitation, disinfection, or other factors.

(4) Treatment facilities that require minimal operation and control, and serve a population of less than 1,000 persons may be classified by the department as a special classification, designated as class SC. These treatment facilities include, but are not limited to, septic tank and tile field systems, and recirculating sand filters.

(5) Class RTB, treatment facilities that retain and treat discharge from approved facilities serving a combined sewer system in accordance with its discharge permit.

(6) Collection systems that convey wastewater to a treatment facility, with all flow transported through a combination of gravity sewers, gravity sewers and pump stations with force mains, or low-pressure collection systems, must be classified by the department into 1 of the 4 following classes, designated as class C1, C2, C3, or C4, with class C1 being the highest:

(a) Class C1, collection systems serving or designed to serve a population of 50,000 or more persons.

(b) Class C2, collection systems serving or designed to serve a population of 10,000 or more, but less than 50,000, persons.

(c) Class C3, collection systems serving or designed to serve a population of 2,000 or more, but less than 10,000, persons.

(d) Class C4, collection systems serving or designed to serve a population of 150 or more, but less than 2,000 persons unless otherwise required by the department.

**History**
- *History: 1979 AC; 2003 AACS; 2026 MR 8, Eff. April 29, 2026.*

##### **Mich. Admin. Code R 299.2912** Treatment facility classification and collection system changes {#sec-r-299.2912 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2912}

Rule 12. (1) If 1 or more of the conditions described by subrule (2) of this rule exist or are imminent, the department may change the classification of a treatment facility or collection system after notice and opportunity for hearing on the proposed action not less than 60 days before the classification change. Hearings conducted by the department pursuant to this subrule must be undertaken according to hearing procedures prescribed by part 5 of these rules.

(2) The department may change the classification of a treatment facility or collection system after finding that any of the following or a combination has occurred or is expected to occur within 60 days:

(a) The population being served by the treatment facility or the collection system has changed.

(b) There has been incorporated within the treatment facility or collection system special features of design or characteristics that render the treatment facility or collection system more difficult to operate.

(c) Certain wastes are being treated within the treatment facility that require special treatment facility design or operation procedures.

(d) Conditions of flow or use of the receiving waters require an unusually high degree of treatment facility operational control.

**History**
- *History: 1979 AC; 2003 AACS; 2026 MR 8, Eff. April 29, 2026.*

##### **Mich. Admin. Code R 299.2916** Board of certification; appointments {#sec-r-299.2916 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2916}

Rule 16. The department shall appoint a board of certification that consists of 5 members, of whom 1 shall be a class A certified operator, 1 shall be a qualified engineer registered in this state knowledgeable in the operation and maintenance of treatment facilities, and collection systems, 1 shall be a staff member of the department, 1 shall be a municipal official, and 1 shall be a member at large. As the term of a member of the board of certification expires, the department shall appoint a member to the vacancy for a 3-year term.

The department may appoint a member to a shorter term when filling a vacancy created if a member vacates the position before the end of the term.

**History**
- *History: 1979 AC; 2003 AACS; 2026 MR 8, Eff. April 29, 2026.*

##### **Mich. Admin. Code R 299.2917** Board of certification, duties and responsibilities {#sec-r-299.2917 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2917}

Rule 17. (1) The board shall advise the department in the examination of persons applying for certification, as set forth in R 299.2918(1). The board shall meet not less than twice each year at times and places as it may designate. The board shall do all of the following:

(a) Advise the department when it considers additional education or experience as adequate substitutions for other requirements, as set forth in R 299.2918(2).

(b) Advise the department in evaluating applications for examinations, as set forth in R 299.2920(2).

(d) Provide recommendations to the department on the issuance or denial of certificates following the examination process, as set forth in R 299.2924(1).

(e) Provide recommendations to the department on the issuance or denial of a certificate or a temporary certificate following the evaluation of certification received from another state, territory, or possession of the United States, or another country as set forth in R 299.2924(2) and (3).

(f) Evaluate and approve or disapprove continuing education training courses, decide their hour value, and categorize them, as set forth in R 299.2925(5).

(g) Comment to the department regarding probation of a certified operator or the suspension or revocation of an individual’s certificate, as set forth in R 299.2926.

(2) Members of the board shall not be compensated, but are entitled to all actual and necessary expenses in the performance of their official duties according to the rates established by the latest edition of the standard travel regulations of this state.

(3) Three members of the board constitute a quorum.

**History**
- *History: 1979 AC; 2003 AACS; 2026 MR 8, Eff. April 29, 2026.*

##### **Mich. Admin. Code R 299.2918** Operator certification, minimum requirements {#sec-r-299.2918 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2918}

Rule 18. (1) Certification must require written examination conducted by the department, with the advice of the board, according to 1 or more of the following classifications based on minimum education and experience qualifications:

(a) Class A. To be eligible to write the examination for a class A certificate, the applicant shall satisfy all of the requirements in either paragraph (i) or (ii) of this subdivision, as follows:

(i) The applicant shall comply with all of the following requirements:

(A) Possess a college degree with sufficient engineering or allied subjects to understand the mechanics, electronics, and hydraulics of a complex treatment facility.

(B) Possess a class B certificate.

(C) Have 4 years of acceptable experience in the operation of a class B or higher treatment facility, 2 years of which must have been in a supervisory position or a position of major operational responsibility.

(ii) The applicant shall comply with all of the following requirements:

(A) Have completed 2 years of a standard college curriculum in engineering or allied field with sufficient subjects to understand the mechanics, electronics, and hydraulics of a complex treatment facility.

(B) Possess a class B certificate.

(C) Have 6 years of acceptable experience in the operation of a class B or higher treatment facility, 2 years of which must have been in a supervisory position or a position of major operational responsibility.

(b) Class B. To be eligible to write the examination for a class B certificate, the applicant shall comply with all of the following requirements:

(i) Have completed 1 year of college or its equivalent with sufficient subjects to aid in the understanding of the mechanics, electronics, and hydraulics of a treatment facility.

(ii) Possess a class C certificate.

(iii) Have 4 years of acceptable experience in the operation of a treatment facility of class C or higher, 2 years of which must have been in a supervisory position or a position of major operational responsibility.

(c) Class C. To be eligible to write the examination for a class C certificate, the applicant shall comply with all of the following requirements:

(i) Have completed high school or its equivalent.

(ii) Possess a class D certificate.

(iii) Have 2 years of acceptable experience in the operation of a class D or higher treatment facility.

(d) Class D. To be eligible to write the examination for a class D certificate, the applicant shall comply with both of the following requirements:

(i) Have completed high school or its equivalent.

(ii) Have 1 year of acceptable experience in the operation of a class D or higher treatment facility.

(e) Class L2. To be eligible to write the examination for a class L2 certificate, the applicant shall comply with both of the following requirements:

(i) Have completed high school or its equivalent.

(ii) Have 1 year of acceptable experience in the operation of a class L2 lagoon system.

(f) Class L1. To be eligible to write the examination for a class L1 certificate, the applicant shall comply with both of the following requirements:

(i) Have completed high school or its equivalent.

(ii) Have completed 1 year of acceptable experience in the operation of a class L1 or class L2 lagoon system.

(g) Class SC. To be eligible to write the examination for a class SC certificate, the applicant shall comply with both of the following requirements:

(i) Have completed high school or its equivalent.

(ii) Have completed 1 year of acceptable experience in the operation of a class SC type facility.

(h) Class RTB. To be eligible to write the examination for a class RTB certificate, the applicant shall comply with both of the following requirements:

(i) Have completed high school or its equivalent.

(ii) Have completed 1 year of acceptable experience in the operation of a class RTB facility.

(i) Class C1. To be eligible to write the examination for a class C1 certificate, the applicant shall comply with both of the following requirements:

(i) Have completed high school or its equivalent.

(ii) Have 5 years of acceptable operational experience in a class C2 or higher collection system, 1 year of which must have been in a supervisory position or a position of major operational responsibility.

(j) Class C2. To be eligible to write the examination for a class C2 certificate, the applicant shall comply with both of the following requirements:

(i) Have completed high school or its equivalent.

(ii) Have 4 years of acceptable operational experience in a class C3 or higher collection system, 1 year of which must have been in a supervisory position or a position of major operational responsibility.

(k) Class C3. To be eligible to write the examination for a class C3 certificate, the applicant shall comply with both of the following requirements:

(i) Have completed high school or its equivalent.

(ii) Have 2 years of acceptable operational experience in a class C4 or higher collection system.

(l) Class C4. To be eligible to write the examination for a class C4 certificate, the applicant shall comply with both of the following requirements:

(i) Have completed high school or its equivalent.

(ii) Have 1 year of acceptable operational experience in a class C4 or higher collection system.

(2) Additional education or experience of an applicant may be substituted by the department, with the advice of the board, for meeting the minimum qualifications prescribed in subrule (1) of this rule.

**History**
- *History: 1979 AC; 2003 AACS; 2026 MR 8, Eff. April 29, 2026.*

##### **Mich. Admin. Code R 299.2920** Application for examination {#sec-r-299.2920 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2920}

Rule 20. (1) The department shall schedule not less than 1 examination per year. The department shall make public the dates for examinations not less than 90 days before the dates set for the examinations.

(2) An individual desiring to be certified as in charge of and responsible for the operation of a treatment facility or collection system shall file with the department, not less than 45 days before an examination date announced by the department, an application for examination and certification on a form prepared and provided by the department. The information contained on the application must be evaluated by the department and the information must constitute a part of the examination.

(3) The department shall notify the applicants of their acceptance for examination and the time and place of the examination not less than 15 days before the date of examination.

**History**
- *History: 1979 AC; 2003 AACS; 2026 MR 8, Eff. April 29, 2026.*

##### **Mich. Admin. Code R 299.2922** Examination procedures {#sec-r-299.2922 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2922}

Rule 22. (1) The department shall prepare the examinations for operator certification, taking into account board review and comment. The examinations must include, but are not limited to, the following 3 parts:

(a) An evaluation of the educational qualifications of the applicant.

(b) An evaluation of the experience qualifications of the applicant.

(c) A written examination on the general subject of treatment facility or collection system operation in any or all of its phases.

(2) An applicant shall not be admitted to the written examination unless the applicant meets the minimum requirements prescribed in R 299.2918.

(3) The department shall prepare separate examinations for each class that encompass basic differences in the duties and responsibilities of operators, types of treatment facilities and collection systems, variations in wastewater quality, conditions of receiving waters, and other factors as the department determines.

**History**
- *History: 1979 AC; 2003 AACS; 2026 MR 8, Eff. April 29, 2026.*

##### **Mich. Admin. Code R 299.2923** Examinations, grading, notification, repeating exam {#sec-r-299.2923 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2923}

Rule 23. (1) The minimum passing grade for the written examination is 70%.

(2) The department or others designated by it shall grade each examination.

(3) The department shall mail the results of each applicant's examination to that applicant within 60 days after the date of the written examination.

(4) Applicants who fail to pass a written examination may repeat the examination at a subsequent, regularly scheduled examination by submitting an application as prescribed by R 299.2920.

**History**
- *History: 1979 AC; 2003 AACS; 2026 MR 8, Eff. April 29, 2026.*

##### **Mich. Admin. Code R 299.2924** Operator certificates, issuance {#sec-r-299.2924 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2924}

Rule 24. (1) Following examination, the department shall issue or deny a certificate for each applicant, taking into account the recommendation of the board. Each certificate must indicate the class of treatment facility or facilities or collection system(s) that the certified operator is entitled to assume responsible charge of.

(2) An operator in another state, a territory or possession of the United States, or another country who holds an operator certificate may apply for reciprocity in obtaining a certificate under this part. If an application for reciprocity is received, the department may do either of the following:

(a) Issue a certificate in a comparable classification without examination, if the requirements for certification of operators the certificate was issued are comparable to the requirements prescribed by this part.

(b) Issue a temporary certificate in a comparable classification without examination that expires when the individual has an opportunity to obtain the results from taking this state’s next available equivalent certification examination, but must not be for more than 18 months.

If the individual fails this state’s equivalent certification exam, the individual is not eligible for an additional temporary certification.

(3) A certificate, other than a replacement or temporary certificate, must be issued for a period of not less than 36, or more than 39, months. A certificate that is not renewed must expire.

**History**
- *History: 1979 AC; 2003 AACS; 2026 MR 8, Eff. April 29, 2026.*

##### **Mich. Admin. Code R 299.2925** Replacement certificates, renewal requirements, expiration, reinstatement {#sec-r-299.2925 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2925}

Rule 25. (1) All certificates issued before the effective date of these rules expire 1 year after the effective date of these rules.

(2) An individual who has been issued a certificate before the effective date of these rules pursuant to the provisions of section 4104 of the act, MCL 324.4101, and who submits to the department, within 10 months after the effective date of these rules, a completed application on a form provided by the department, shall be issued a replacement certificate at the individual’s current classification by the department. A replacement certificate may be issued for a term of not less than 3, or more than 4-1/2, years.

(3) To renew a certificate, a certified operator shall submit to the department an application for renewal on a form provided by the department.

(4) A certified operator shall be responsible for making application to renew a certificate regardless of lack of notification by the department.

(5) The board shall evaluate and either approve or disapprove continuing education training and determine the continuing education training hour value. All continuing education training approved by the board must relate to the duties, responsibilities, operation, maintenance, or supervision of a sewerage system. The board shall categorize all continuing education training as technical, managerial, or other.

(6) To renew an A or B certificate, the certified operator shall have completed, during the renewal cycle, not less than 24 hours of board-approved continuing education training. Not less than 6 hours of the training must be technical training and not less than 6 hours of the training must be managerial training.

(7) To renew a class C, D, L2, or L1 certificate, the certified operator shall have completed, during the renewal cycle, not less than 12 hours of board-approved continuing education training. For class C certification renewal, no more than 6 hours of training in the nonmanagerial, non-technical category may be used to meet the continuing education requirement.

(8) To renew a C1 or C2 certificate, the certified operator shall have completed, during the renewal cycle, not less than 20 hours of board-approved continuing education training. No more than 6 hours of training in the non-managerial, non-technical category may be used to meet the continuing education requirement.

(9) To renew a C3 or C4 certificate, the certified operator shall have completed, during the renewal cycle, not less than 10 hours of board-approved continuing education training.

(10) To renew a RTB certificate, the certified operator shall have completed, during the renewal cycle, not less than 12 hours of board-approved continuing education training.

(11) Individuals holding more than 1 certification need only meet the higher continuing education training requirement of the certifications held.

(12) Types of continuing education training programs that may be approved include, but are not limited to, the following:

(a) Programs sponsored by either of the following entities:

(i) Governmental agencies.

(ii) Professional and trade organizations.

(b) Home study courses and correspondence courses that have independent verification of successful completion.

(d) University, college, and community college courses.

(e) Training programs sponsored by the department and the United States Environmental Protection Agency.

(f) Training sponsored by nationally recognized organizations.

(13) The department shall issue renewal certificates to certified operators who verify to the department that they have successfully complied with the continuing education training requirements.

(14) A certified operator shall keep their own record of approved continuing education training and present proof of the training on application for renewal and after being issued a certificate.

(15) A certified operator who is not eligible for renewal pursuant to the provisions of this rule may apply for examination pursuant to the provisions of R 299.2920.

(16) A class A or B certified operator who has not met the continuing education training requirements of subrule (6) of this rule may request issuance of a class C or D certificate for which the requirements have been met.

(17) A class C1 or C2 certified operator who has not met the continuing education training requirements of subrule (8) of this rule may request issuance of a class C3 or C4 certificate for which the requirements have been met.

(18) A certified operator whose certificate has expired may apply for examination at the level equal to or less than the level of the valid certificate previously held pursuant to the provisions of R 299.2920.

(19) The department may reinstate an expired certificate within 1 year after the expiration date of the certificate when an individual has completed the necessary continuing education training requirements as prorated from the certificate's expiration date.

**History**
- *History: 2003 AACS; 2026 MR 8, Eff. April 29, 2026.*

##### **Mich. Admin. Code R 299.2925a** Restricted and initial certificates for existing operators {#sec-r-299.2925a omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2925a}

Rule 25a. (1) The owner of a treatment facility reclassified as a result of these rules must notify the department of all certified operators currently employed by the owner. The notification must be made within 90 days after notification by the department that the system has been reclassified or within 2 years after the effective date of these rules. The notification must be made as follows:

(a) To the operator or operators identified in subrule (1) of this rule as holding a class L certificate, the department shall issue a class L1 replacement certificate.

(b) To the operator or operators identified in subrule (1) of this rule as holding certificates other than a class L certificate, the department shall issue a site-specific, restricted certification.

(c) To the operator or operators identified in subrule (1) of this rule as holding a class D or higher certificate and actively supervising or operating an RTB system, the department may issue a site-specific, restricted RTB certification.

(2) The owner of a collection system classified as a result of these rules must notify the department of all operators currently employed by the owner. This applies within 2 years after the initial facility classification by the department. The notification must be made as follows:

(a) To the operator or operators identified in subrule (2) of this rule as holding a class D or higher certificate or L2, L1, or SC certificate and actively supervising or operating a collection system, the department may issue a site-specific, restricted C1, C2, C3, or C4 certification.

(b) For the operator or operators not identified in this rule, the department may issue a sitespecific, restricted C1, C2, C3 or C4 certification for operators that meet the C1, C2, C3, or C4 certification requirements as outlined in rule 18, in accordance with the facility classification.

(3) Site-specific, restricted certifications are subject to the certification renewal and continuing education requirements under rule 25.

**History**
- *History: 2003 AACS; 2026 MR 8, Eff. April 29, 2026.*

##### **Mich. Admin. Code R 299.2926** Operator certificates; probation; revocation; suspension {#sec-r-299.2926 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2926}

Rule 26. (1) Following a review and comment by the board, the department may place on probation, suspend, or revoke the certificate of a certified operator who is adjudged incompetent or unable to properly perform the duties of a certified operator in their classification, who has practiced fraud or falsification, or who has been negligent in the discharge of their duties or responsibilities. Notice of suspension or revocation must be provided, by the department, in writing to the certified operator and the owner of the treatment facility or collection system.

(2) The department shall not accept an application for examination during the time period of suspension for a certified operator whose certificate has been suspended.

(3) The department may renew a suspended certificate if the applicant meets all renewal requirements. The renewal must not affect the terms of suspension.

(4) The department shall not accept an application for examination from an individual who has had a certificate revoked for a period of 5 years after the effective date of the revocation of the certificate. After 5 years, the department may accept an application submitted by an individual who has had a certificate revoked to write an examination at the level previously held.

**History**
- *History: 1979 AC; 2003 AACS; 2026 MR 8, Eff. April 29, 2026.*

##### **Mich. Admin. Code R 299.2927** Appeals {#sec-r-299.2927 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2927}

Rule 27. (1) A person that is aggrieved by an action under these rules, or who wishes to appeal another action with respect to certification, shall have an opportunity for a hearing before the department.

(2) A hearing conducted under this rule must be conducted in accordance with R 299.2971 to R 299.2974.

PART 3. SEWERAGE SYSTEM PLANS AND SPECIFICATIONS

**History**
- *History: 1979 AC; 1999 AACS; 2003 AACS; 2026 MR 8, Eff. April 29, 2026.*

##### **Mich. Admin. Code R 299.2931** Definitions {#sec-r-299.2931 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2931}

Rule 31. As used in this part:

(a) "Alteration" means the construction of a modification or addition to an existing sewerage system that changes the process or system capacity.

(b) "Construction" means erection or installation of sewer systems or treatment facilities, including equipment and appurtenances, in accordance with approved plans and specifications.

(c) "Permit" means a construction permit issued by the director of the department for a sewer system or treatment facility pursuant to section 6 of the act and these rules.

**History**
- *History: 1979 AC; 2026 MR 8, Eff. April 29, 2026.*

##### **Mich. Admin. Code R 299.2933** Submittal of plans and specifications {#sec-r-299.2933 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2933}

Rule 33. (1) Before the construction or alteration of a sewerage system or portions thereof, plans and specifications must be submitted to the department for review and issuance of a construction permit.

(2) The plans and specifications must be submitted by the owner of the sewer system or treatment facility or by the owner’s designated agent. If a person files plans and specifications as an agent of an owner, the owner shall furnish the agent with a letter of authorization for filing the plans and specifications. The letter must identify the plans or project and be submitted with the plans and specifications.

(3) Plans and specifications submitted to the department pursuant to subrule (1) of this rule are not considered adequate unless prepared by a professional engineer registered in this state, and the plans and specifications must be properly sealed by the engineer as required by law.

**History**
- *History: 1979 AC; 2012 AACS; 2026 MR 8, Eff. April 29, 2026.*

##### **Mich. Admin. Code R 299.2935** Engineering reports; basis of design; minimum requirements {#sec-r-299.2935 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2935}

Rule 35. (1) Before submission of plans and specifications, an engineering report or basis of design, or both, must be submitted to the department for review and approval.

(2) An engineering report is required for all proposed projects dealing with construction of treatment facilities and major sewer systems. The engineer, when preparing the report, shall consider the material set forth under the engineering report section of the recommended standards for wastewater facilities, which can be found at https://www.health.state.mn.us/communities/environment/water/tenstates/index.html, wherever applicable, to the facility for which the report is being prepared.

(3) A basis of design must be required for all proposed projects and may be included in the engineering report. Basis of design forms for treatment facilities and pump stations are available from the division office. The basis of design for sewer systems must include, depending on applicability to the sewer system for which the basis of design is being prepared, but are not necessarily limited to, the following:

(a) A general map of the service area showing the location of the existing and proposed sewer system.

(b) The service area in acres.

(d) The present and future per capita sewage contribution, average and maximum.

(e) A description of commercial and industrial waste contributions.

(f) The present and design flow rates, average and maximum.

(g) The size of pipe, grade, and, if appropriate, the size of pump station, number and capacity of pumps, size and length of force main, and point of discharge.

(h) An analysis of the effect of the proposed additional flows on the existing sewerage system.

(i) A detailed explanation of steps to be taken if there is a power failure or equipment breakdown, including a description of special reserve units available for emergency treatment, storage, or transportation of the wastewater.

(j) An analysis and determination as to the applicability of R 323.1311 to R 323.1329.

(4) If the construction or alteration proposed is for a privately owned sewer or sewerage system, or portion thereof, serving the public, the permit application must require proof of the completion of the following, before the department issues a construction permit:

(a) Proof of recordation of a notification of responsibility form acceptable to the department across each parcel served by the sewer or sewerage system.

(b) A resolution and agreement of its governing body by the city, village, or township where the proposed sewer or sewerage system is to be located accepting or not accepting operational responsibility of the sewer or sewerage system should the private owner fail to properly operate or maintain the sewer or sewerage system. If the city, village, or township refuses to accept operational responsibility, the owner of the privately owned, publicly used sewerage shall comply with subrules (4)(c) and (4)(d) of this rule.

(c) An asset management plan on a form acceptable to the department. The asset management plan must provide for the continued operation, maintenance, and funding of the repairs and replacements of the sewer or sewerage system in accordance with the requirements of the act and these rules. The owner of the constructed sewer or sewerage system shall comply with the department-approved asset management plan and update it periodically, as necessary.

(d) An escrow account or letter of credit, payable to the department that is the greater of either $20,000.00 or 20% of the total replacement cost of the whole privately owned, publicly used sewer or sewerage system, but not more than $100,000.00. The department may withdraw money from the escrow account or letter of credit to cause deficiencies to be corrected if the sewer or sewerage system is not operated or maintained as necessary to protect the public health and the environment. If it is necessary for the department to withdraw money from the escrow account or letter of credit, the money must be replaced within 90 days by the developer, private owner, or organization then responsible for the sewer or sewerage system.

(e) The department may reduce or eliminate the need for an escrow account or letter of credit established under this rule after 10 years of operation and maintenance considered satisfactory by the department.

(f) Before the transfer of ownership of a privately owned, publicly used sewer or sewerage system, a private purchaser shall comply with this subrule.

**History**
- *History: 1979 AC; 2026 MR 8, Eff. April 29, 2026.*

##### **Mich. Admin. Code R 299.2936** Plans and specifications; minimum requirements {#sec-r-299.2936 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2936}

Rule 36. Information contained within the plans and specifications submitted to the department for review and approval pursuant to R 299.2933 must include, but is not limited to, the engineering plans and specifications section of the recommended standards for wastewater facilities.

**History**
- *History: 1979 AC; 2026 MR 8, Eff. April 29, 2026.*

##### **Mich. Admin. Code R 299.2938** Plans and specifications; review by department {#sec-r-299.2938 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2938}

Rule 38. (1) The department shall review plans and specifications for the construction or alteration of a sewerage system or portion thereof as soon as practicable on receipt to determine if the plans and specifications meet the minimum requirements specified in R 299.2936 and accepted design standards for wastewater facilities in this state. In making its review, the department shall consider design criteria as set forth in recommended standards for wastewater facilities and be assured that the sewerage system or portion thereof is designed to protect the public health and prevent unlawful pollution.

(2) If the department determines that plans and specifications are incomplete or are inadequate, the department shall notify the owner or the owner’s authorized agent of the proposed sewerage system or portion thereof and may request the resubmittal thereof with appropriate corrections or additions. The director shall not grant an approval of plans and specifications until they are complete and are judged to be adequate by the department.

**History**
- *History: 1979 AC; 2026 MR 8, Eff. April 29, 2026.*

##### **Mich. Admin. Code R 299.2939** Approval of plans and specifications; permits {#sec-r-299.2939 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2939}

Rule 39. (1) On the determination by the department that the plans and specifications for a sewerage system or portion thereof are complete and satisfactory, the director shall approve them and issue a permit for construction.

(2) A permit issued pursuant to the act and these rules expires unless construction commences within 2 years after the date of issuance. An owner of a wastewater facility may apply for reissuance of a permit in accordance with R 299.2933.

**History**
- *History: 1979 AC; 2026 MR 8, Eff. April 29, 2026.*

##### **Mich. Admin. Code R 299.2941** Permits; conditions for issuance {#sec-r-299.2941 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2941}

Rule 41. The director of the department shall issue a permit for the construction of a sewerage system or portions thereof if both of the following conditions are met:

(a) Proper devices are or will be available and are in satisfactory operation for the collection, transportation, and treatment, before discharge into a public watercourse, lake, drain, ditch, or groundwater, of the sewage or wastes collected or conveyed by these systems, or a definite program or agreement satisfactory to the department leading to the construction and operation of the collection, transportation, or treatment devices must have been officially adopted by the applicant for the permit and filed in the offices of the department.

(b) If the plans and specifications for the work that a construction permit is requested for have been properly prepared in accordance with the laws of this state, have been submitted to the director for examination and approval, have been found to be in accordance with good modern practices, and, if built according to the plans and specifications, are of the nature and design as to protect the public health and prevent unlawful pollution.

**History**
- *History: 1979 AC; 2026 MR 8, Eff. April 29, 2026.*

##### **Mich. Admin. Code R 299.2942** Revisions to approved plans {#sec-r-299.2942 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2942}

Rule 42. (1) The director shall approve deviations from approved plans or specifications affecting capacity, flow, isolation distances, or operation and maintenance of units before construction of the changes. Plans and specifications so revised must be submitted, along with the new application, well in advance of construction work that will be affected by the changes, to allow sufficient time for review and approval. Minor changes not affecting capacities, flows, isolation distances, or operation and maintenance of units may be verbally approved by the department. Minor modifications include, but are not limited to, a minor change of location of the sewer or locations of manholes.

(2) If a person seeks confirmation of the department’s verbal approval of a minor modification under subrule (1) of this rule, the person shall notify the department electronically, at an address specified by the department, with a detailed description of the request for the modification. The department shall make reasonable efforts to respond within 2 business days, confirming whether the request has been approved or denied. If the department has not responded within 2 business days after the department receives the detailed description, the verbal approval must be considered confirmed. As-built plans clearly showing the work as constructed must be submitted to the department at the completion of the work

**History**
- *History: 1979 AC; 2026 MR 8, Eff. April 29, 2026.*

##### **Mich. Admin. Code R 299.2943** Operation during construction {#sec-r-299.2943 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2943}

Rule 43. Bypassing of untreated wastewater or reduction in treatment effectiveness must be adequately addressed during the construction of sewer system or treatment facility alterations. Before commencing construction of the alterations, a program for completing the work in a manner that will minimize pollutional effects on the receiving water must be submitted to the department for review and approval.

**History**
- *History: 1979 AC; 2026 MR 8, Eff. April 29, 2026.*

##### **Mich. Admin. Code R 299.2945** Availability of documents {#sec-r-299.2945 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2945}

Rule 45. Recommended standards for sewage works, prepared by the Great Lakes-upper Mississippi river board of state sanitary engineers may be inspected at the office of the division during normal working hours, and may be obtained from the Health Education Service, Post Office Box 7283, Albany, New York 12224, at a cost of $1.00.

PART 4. OPERATION AND MAINTENANCE OF SEWERAGE SYSTEMS

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 299.2951** Purpose {#sec-r-299.2951 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2951}

Rule 51. This part prescribes procedures and requirements for the operation and maintenance of sewerage systems to ensure continuous protection of the public health, safety, and welfare, the water resources of the state, and the fish, wildlife, and plant life associated therewith.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 299.2952** Operator in charge {#sec-r-299.2952 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2952}

Rule 52. (1) An owner of a treatment facility or collection system shall designate a superintendent, who is a properly certified operator, to be in responsible charge of the dayto-day operation and maintenance of each treatment facility or collection system, and notify the division in writing of the designation, including the superintendent’s address and telephone number. The superintendent shall hold a certificate equivalent to or higher than the classification of the treatment facility or collection system. The owner of the treatment facility or collection system may replace the superintendent with another properly certified operator, and shall notify the department in writing within 10 days after the replacement.

(2) During construction of a new treatment facility or collection system and before placing the treatment facility in operation, the owner shall employ a properly certified operator who is in charge when the treatment facility or collection system is completed and placed in operation. This individual shall become fully familiar with all facilities and equipment and train selected subordinate employees as appropriate both before and following treatment facility or collection system start-up.

**History**
- *History: 1979 AC; 2026 MR 8, Eff. April 29, 2026.*

##### **Mich. Admin. Code R 299.2953** Monthly operational reports {#sec-r-299.2953 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2953}

Rule 53. The superintendent of a treatment facility shall file with the department each month or at other intervals as the department may designate, on forms prescribed by the department, operating reports showing the effectiveness of the treatment facility operation and the quantity and quality of liquid wastes discharged into the waters of the state. If the superintendent is not available to file the report, the owner of the treatment facility may appoint a substitute acceptable to the department to file the report.

**History**
- *History: 1979 AC; 2026 MR 8, Eff. April 29, 2026.*

##### **Mich. Admin. Code R 299.2955** Sewerage system operation and maintenance; general requirements {#sec-r-299.2955 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2955}

Rule 55. (1) Sewerage systems must be operated and maintained at all times as efficiently as possible and in a manner that will minimize upsets and discharges of excessive pollutants.

(2) The owner of the sewerage system shall provide an adequate operating staff that is qualified to carry out the operation, maintenance, and laboratory testing functions required to ensure compliance with the conditions of subrule (1) of this rule.

(3) Wherever possible, maintenance of sewerage systems must not result in degradation of effluent quality. If degradation of effluent is unavoidable, maintenance must be programmed and scheduled during noncritical water quality periods and be carried out in a manner approved by the department.

(4) All reasonable measures, including, if appropriate, the provision of shutoff valves adjacent to storage tanks, catchment areas, relief vessels, or entrapment dikes, must be taken for containment of accidental losses of concentrated solutions, acids, alkalies, salts, oils, or other polluting materials.

**History**
- *History: 1979 AC; 2026 MR 8, Eff. April 29, 2026.*

##### **Mich. Admin. Code R 299.2956** As-built plans and specifications {#sec-r-299.2956 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2956}

Rule 56. The owner of the sewerage system shall obtain and maintain reproducible as-built plans and specifications that accurately describe the entire sewerage system in its current condition.

**History**
- *History: 1979 AC; 2026 MR 8, Eff. April 29, 2026.*

##### **Mich. Admin. Code R 299.2957** Operation and maintenance manual {#sec-r-299.2957 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2957}

Rule 57. (1) The owner of a treatment facility shall prepare, or cause to be prepared, an operation and maintenance manual for the treatment facility that must be used by the operator of the facility as a guide for facility operation and maintenance. The manual must describe the function, start-up, shutdown, and periodic maintenance procedures for each unit process and item of mechanical and electrical equipment. The appropriate responses or facility adjustments to minimize the impact of emergency situations must be described so as to facilitate rapid implementation of a correct response during emergencies. A copy of the operation and maintenance manual must be submitted to the department for its review, approval, and filing 60 days before the date of operation.

(2) If the department determines that an operation and maintenance manual is incomplete or inadequate, it may return the manual to the owner of the treatment facility with its findings and recommendations and request modification thereof. The owner of the treatment facility shall modify and resubmit the manual to the department.

**History**
- *History: 1979 AC; 2026 MR 8, Eff. April 29, 2026.*

##### **Mich. Admin. Code R 299.2959** Emergency measures, reports to department {#sec-r-299.2959 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2959}

Rule 59. (1) If a breakdown of a sewerage system or system component or an emergency situation results in the diversion from or bypass of facilities necessary for the effective collection, transportation, or treatment of the wastes and in the discharge of pollutants in excess of those authorized by a discharge permit issued by the department under the act, the system owner shall take all necessary measures to correct the breakdown or emergency and eliminate or reduce the discharge of excessive pollutants.

(2) The owner of a sewerage system that discharges, or allows to be discharged, excessive pollutant to the waters of the state as a result of a facility breakdown or emergency shall notify the division promptly. The owner shall supplement the notice by a written report filed with the division within 72 hours outlining the cause, its discovery, and the corrective actions taken to minimize adverse impact to the waters of the state, restore facilities to operative condition, and eliminate the need for future diversion or bypass. This rule does not supersede, rescind, or otherwise alter another existing or future procedure, rule, or statute pertaining to pollution of the waters of the state.

**History**
- *History: 1979 AC; 1999 AACS; 2026 MR 8, Eff. April 29, 2026.*

##### **Mich. Admin. Code R 299.2960** Enforcement {#sec-r-299.2960 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2960}

Rule 60. A person that violates this part is subject to the procedures and penalties prescribed by the act or another applicable law or rules of this state. If the department has determined that a person has violated part 41 of the act, MCL 324.4101 to 324.4113, or these rules, the department may notify the alleged offender of its determination and may require that person to enter an order, or the department may follow the enforcement procedures and penalties prescribed by the act or another applicable law or rule of this state, or both.

PART 5. HEARINGS

**History**
- *History: 1979 AC; 2026 MR 8, Eff. April 29, 2026.*

##### **Mich. Admin. Code R 299.2971** Opportunity for hearings {#sec-r-299.2971 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2971}

Rule 71. (1) A person that is aggrieved by an action undertaken under the act or these rules may file a sworn petition with the department setting forth the grounds and reasons for the complaint or appeal and asking for a hearing before the department. The department shall fix the time and place for the hearing and notify the petitioner of the time and place. At the hearing, the petitioner and other interested parties may appear, present witnesses, and submit evidence. Following the hearing, the final decision or disposition of the case by the department is conclusive unless reviewed in accordance with and subject to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, in the circuit court for the county of Ingham or for the county where the person resides.

(2) An appearance at a hearing must be by the party themself, by the party’s duly authorized agent, or by counsel.

**History**
- *History: 1979 AC; 1999 AACS; 2026 MR 8, Eff. April 29, 2026.*

##### **Mich. Admin. Code R 299.2972** Rescinded {#sec-r-299.2972 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2972}

**History**
- *History: 1979 AC; 1999 AACS; 2026 MR 8, Eff. April 29, 2026.*

##### **Mich. Admin. Code R 299.2973** Rescinded {#sec-r-299.2973 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2973}

**History**
- *History: 1979 AC; 1999 AACS; 2026 MR 8, Eff. April 29, 2026.*

##### **Mich. Admin. Code R 299.2974** Rescinded {#sec-r-299.2974 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.2974}

**History**
- *History: 1979 AC; 1999 AACS; 2026 MR 8, Eff. April 29, 2026.*

## **Materials Management Division** Materials Management Division

### **R 299.4101 to R 299.4922** Solid Waste Management

##### **Mich. Admin. Code R 299.4101** Definitions; A, B {#sec-r-299.4101 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4101}

DEPARTMENT OF ENVIRONMENTAL QUALITY

OFFICE OF WASTE MANAGEMENT AND RADIOLOGICAL PROTECTION

SOLID WASTE MANAGEMENT

(By authority conferred on the director of the department of environmental quality by sections 11538, 11539, and 11540 of Part 115, Solid Waste Management, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended, MCL 324.11538 to 324.11540)

PART 1. GENERAL PROVISIONS

Rule 101. As used in these rules:

(a) "AASHTO" means American association of state highway and transportation officials.

(b) "Act" means 1994 PA 451, MCL 324.101 to 324.90106, and known as the natural resources and environmental protection act.

(d) "Act 399" means 1976 PA 399, MCL 325.1001 to 325.1023, and known as the safe drinking water act.

(e) "Active life" means the period of operation beginning with the initial receipt of solid waste and ending with the completion of closure activities in accordance with the act and these rules.

(f) "Active portion" means that part of a facility or unit that has received or is receiving wastes and that has not been partially or finally closed in accordance with these rules. The active portion does not include areas that have interim cover which complies with R 299.4429(7) or a constructed unit or portion of a unit that has not received waste.

(g) "Active work area" means the area which is or will be used for the storage, transport, or disposal of solid waste, methane gas, or leachate or in which heavy equipment is or will be used as part of the landfill operation. The active work area includes all of the following:

(i) The active portion.

(ii) Leachate collection and storage systems, exclusive of any of the following:

(A) Forcemains.

(B) Sewers.

(D) Sewer hookups.

(iii) Gas collection and handling systems, exclusive of any of the following:

(A) Enclosed flares.

(B) Energy recovery facilities.

(iv) Heavy equipment storage and maintenance areas and borrow area in which heavy equipment is or will be used.

(v) Haul roads used for waste transport, exclusive of the entrance and scales.

(vi) Any on-site processing plant.

(vii) Other operations that involve the storage or disposal of solid waste or leachate.

Operations that do not involve the storage or disposal of solid waste or leachate, such as any of the following, are not part of the active work area:

(A) Monitoring wells.

(B) Access roads.

(D) Screening.

(E) Stormwater retention ponds.

(F) Light duty maintenance buildings.

(G) Office buildings.

(h) "Applicant" means an owner or operator who has applied for a construction permit or operating license under part 115 of the act.

(i) "Appropriate organization" means any organization that has demonstrated, or is demonstrating, a substantial interest in solid waste management.

(j) "Aquifer" means a geologic formation, group of formations, or portion of a formation that is capable of yielding significant quantities of groundwater to wells or springs.

(k) "Asbestos waste" means asbestos-containing waste material, as defined in 40 C.F.R. §61.141 under the national emission standard for asbestos. The definition of asbestos-containing waste material and related definitions are adopted by reference in R 299.4131.

(l) "ASTM" means the American society for testing and materials.

(m) "Attendant" means the individual who accepts solid waste at the entrance to the solid waste disposal area.

(n) "Average daily flow rate" means the average flow, in gallons per acre per day, removed from a secondary collection system or leak detection during the last 3 months.

The average daily flow rate shall be calculated monthly by averaging the flow rate for the current month with those from the preceding 2 months.

(o) "Background" means the concentration or level of a substance which exists in the environment at or regionally proximate to a site and which is not attributable to any release at or regionally proximate to the site.

**History**
- *History: 1982 AACS; 1993 AACS; 1999 AACS; 2015 AACS.*

##### **Mich. Admin. Code R 299.4102** Definitions; C to E {#sec-r-299.4102 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4102}

Rule 102. As used in these rules:

(a) "Closed unit" means a landfill unit at which final closure has been completed and certified in accordance with R 299.4317 or R 299.4449.

(b)"Commercial waste" means all types of solid waste generated by stores, offices, restaurants, warehouses, and other nonmanufacturing activities, but does not include household waste from single residences, hazardous waste, and industrial wastes.

Commercial waste includes solid waste from any of the following:

(i) Multiple residences.

(ii) Hotels and motels.

(iii) Bunkhouses.

(iv) Ranger stations.

(v) Crew quarters.

(vi) Campgrounds.

(vii) Picnic grounds.

(viii) Day-use recreation areas.

(i) An upper component that consists of a flexible membrane liner which is installed in direct and uniform contact with the lower compacted soil component. The flexible membrane liner shall have a nominal thickness not less than 30 mils thick. For high-density polyethylene components, the flexible membrane shall have a nominal thickness not less than 60 mils.

(ii) A lower component that consists of any of the following soil layers:

(A) Compacted soil which is not less than 2 feet thick and which is in compliance with R 299.4913.

(B) A bentonite geocomposite liner that is in compliance with R 299.4914.

(d) "Composting" means the process by which biological decomposition of yard clippings or compostable material is carried out under controlled aerobic conditions and which stabilizes the organic fraction into a material that can easily and safely be stored, handled, and used in an environmentally acceptable manner. The presence of insignificant anaerobic zones within the composting material will not cause the process to be classified as other than composting.

(e) "Composting facility" means a facility where composting of yard clippings or compostable material occurs using composting technology. Composting technology may include physical turning, windrowing, aeration, or other mechanical handling of organic matter.

(f) "Construction and demolition waste" means waste building materials, packaging, and rubble that results from construction, remodeling, repair, and demolition operations on houses, commercial or industrial buildings, and other structures. Construction and demolition waste includes trees and stumps which are more than 4 feet in length and 2 inches in diameter and which are removed from property during construction, maintenance, or repair. Construction and demolition waste does not include any of the following, even if it results from the construction, remodeling, repair, and demolition of structures:

(i) Asbestos waste.

(ii) Household waste.

(iii) Corrugated containerboard.

(iv) Appliances.

(v) Drums and containers.

(vi) Any aboveground or underground tank and associated piping, except septic tanks.

(vii) Solid waste that results from any processing technique which renders individual waste components unrecognizable, such as pulverizing or shredding, unless the type and origin of such waste is known not to contain the wastes listed in paragraphs (i) to (vi) of this subdivision.

(g) "Contiguous property" means the same or geographically contiguous property that may be divided by a public or private right-of-way. Pieces of property owned by the same person and connected by a right-of-way which the owner controls and to which the public does not have access are also contiguous.

(h) "Designated planning agency" means a governmental unit or regional planning agency that is determined, under the act, to be responsible for the preparation of a solid waste management plan.

(i) "Disease vectors" means any rodents, flies, mosquitoes, or other animals, including insects, that are capable of transmitting disease to humans.

(j) "Disposal" means any of the following:

(i) The discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste into or on any land or water so that the solid waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including groundwaters. Disposal includes the placement of solid waste in an open dump, landfill, or waste piles that are not exempt under R 299.4129(2) or R 299.4130.

(ii) The open burning or incineration of solid waste.

(iii) The processing of solid waste.

(iv) The storage or handling of solid waste at a solid waste transfer facility.

(v) The abandonment of solid waste in place of other disposal.

(k) "Disposal area type" means 1 of the following types of disposal areas defined by the act and these rules:

(i) Municipal solid waste landfill.

(ii) Industrial waste landfill.

(iii) Construction and demolition waste landfill.

(iv) Municipal incinerator ash landfill.

(v) Incinerator.

(vi) Processing plant.

(vii) Transfer facility.

(viii) Waste pile.

(l) "Domestic well" means a well that is intended to furnish water to a single household for any beneficial use.

(m) "Enforceable mechanism" means a legal method whereby the state, a county or municipal government, or a person can take action to guarantee compliance with an approved county solid waste management plan. Enforceable mechanisms include any of the following:

(i) Contracts.

(ii) Intergovernmental agreements.

(iii) Laws.

(iv) Ordinances.

(v) Rules.

(vi) Regulations.

(n) "Environmental contamination" means the release of a hazardous substance in a quantity that is or may become injurious to the environment or to the public health, safety, or welfare.

(o) "Environmental interest group" means a nonprofit citizens' organization that has bylaws which support environmental enhancement or the conservation of Michigan's natural resources and that has an organization which does not directly reflect an economic interest of its members.

(p) "Existing disposal area" means any of the following:

(i) A disposal area that has been issued a construction permit under the act.

(ii) A disposal area that had engineering plans approved by the director before January 11, 1979.

(iii) An industrial waste landfill that was authorized to operate by the director or by court order before October 9, 1993.

(iv) An industrial waste pile that is located at the site of generation on October 9, 1993.

(q) "Existing unit" or "existing landfill unit" means any landfill unit that receives solid waste as of October 9, 1993. Waste placement in existing landfill units shall be consistent with past operating practices or modified practices to ensure good management.

**History**
- *History: 1982 AACS; 1993 AACS; 1999 AACS; 2005 AACS; 2015 AACS.*

##### **Mich. Admin. Code R 299.4103** Definitions; F to L {#sec-r-299.4103 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4103}

Rule 103. As used in these rules:

(a) "Facility" means a solid waste disposal area as defined in R 299.4106a.

(b) "Floodplain" means the lowland and relatively flat areas which adjoin inland and coastal waters and which are inundated by the 100-year flood. The 100-year flood is a flood that has a 1% or greater chance of recurring in any given year or a flood of a magnitude equaled or exceeded once in 100 years on the average over a significantly long period.

(c) "Floodway" means the channel of a watercourse and those portions of the floodplain adjoining the channel that are reasonably required to transmit the 100-year flood.

(d) "Food processing wastes" means solid wastes that result from processing fruits and vegetables for preservation by freezing, drying, or canning.

(e) "General public" means private citizens who are unlikely to incur a financial gain or loss greater than that of an average homeowner, taxpayer, or consumer as a result of any action taken by a planning committee.

(f) "Geologist" or "qualified groundwater scientist" means a scientist or engineer who has received a baccalaureate or postgraduate degree in the natural sciences or engineering and who has sufficient training and experience in groundwater hydrology and related fields, as demonstrated by state registration, professional certifications, or completion of accredited university programs, to make sound professional judgments regarding groundwater monitoring, contaminant fate and transport, and corrective action.

(g) "Geotextile" means any permeable material that is used with foundation, soil, rock, earth, or any other geotechnical engineering-related material as an integral part of a man-made structure or system.

(h) "Groundwater" means water below the land surface in a zone of saturation.

(i) "Groundwater level" means the surface of the groundwater in the uppermost aquifer in unconfined conditions or the bottom of the confining bed in confined conditions.

(j) "Hazardous substance" means a hazardous substance as defined in part 201 of the act.

(k) "Household waste" means any solid waste that is derived from single households, but does not include any of the following:

(i) Commercial waste.

(ii) Industrial waste.

(iii) Construction and demolition waste.

(l) "Hydraulic conductivity" or "permeability" means the rate of flow of a liquid under a differential pressure through a material. The hydraulic conductivity of cohesive soils shall be determined using the methods specified in R 299.4920.

(m) "Incinerator" means a device which is specifically designed for the destruction, by burning, of garbage or other combustible refuse or waste material, or both, and in which the products of combustion are emitted into the outer air by passing through a stack or chimney. For purposes of the act and these rules, the following devices are not incinerators:

(i) A thermal treatment unit that is designed solely for the purpose of destroying contaminants in soil.

(ii) Boilers, industrial furnaces, or power plants that burn site-separated material, source-separated material, or industrial waste as fuel.

(iii) A device that is used to incinerate medical waste and other waste from a facility that generates medical waste.

(n) "Industrial waste" means solid waste which is generated by manufacturing or industrial processes or originates from an industrial site and which is not a hazardous waste regulated under part 111 of the act.

(o) "Industrial waste landfill" means a landfill that is used for the disposal of industrial waste which has been characterized for hazard and which has been determined to be nonhazardous under part 111 of the act. An industrial waste landfill may accept industrial waste of different types and from different generators, but shall not accept hazardous waste generated by conditionally exempt small quantity generators, as defined under part 111 of the act.

(p) "Landfill unit" means a discrete area of land which is permitted to receive waste for permanent disposal and which is not a waste pile. For purposes of these rules, the discrete area shall consist of all areas where waste is or will be contiguous, excluding any portion that has been closed under part 111 of the act. Contiguous portions may be separated by berms and may contain different liner or leachate collection designs and separate leachate collection systems, if waste in one portion is or will be in contact with waste in another portion. The boundaries of a landfill unit may be increased by lateral extensions consistent with the construction permit or plans approved by the department. A landfill unit may be any of the following:

(i) A new unit.

(ii) An existing unit.

(iii) A preexisting unit.

(iv) A closed unit.

(q) "Lateral expansion" means a horizontal expansion of the solid waste boundary of a landfill beyond the limit established in a construction permit or engineering plans approved by the solid waste control agency before January 11, 1979.

(r) "Lateral extension" means the extension of an existing unit within the solid waste boundary, but beyond that area constructed and licensed on October 9, 1993.

(s) "Leachate" means liquid which has come in contact with, passed through, or emerged from, solid waste and which contains soluble, suspended, or miscible materials that are removed from the wastes.

(t) "Lead acid battery" means a storage battery in which the electrodes are grids of lead oxides that change in composition during charging and discharging and in which the electrolyte is dilute sulfuric acid.

(u) "Leak detection system" means the secondary collection system of an unmonitorable unit. The purpose of a leak detection system is to detect, collect, and remove leaks of hazardous substances at the earliest practicable time through all areas of the top liner likely to be exposed to waste or leachate during the active life and postclosure period.

(v) "Lift" means a layer of placed material, including a layer of compacted clay in a landfill layer or cap, or a layer of waste in a sanitary landfill.

(w) "Liquid waste" means any waste material that is determined to contain free liquids as defined by method 9095, the paint filter liquids test, as described in the publication entitled "Test Methods for Evaluating Solid Wastes, Physical-Chemical Methods" SW-846, which is adopted by reference in R 299.4133. For purposes of the act and these rules, liquid waste does not include industrial waste sludges that are disposed of at a location other than a type II landfill.

**History**
- *History: 1982 AACS; 1993 AACS; 1999 AACS; 2015 AACS.*

##### **Mich. Admin. Code R 299.4104** Definitions; M to R {#sec-r-299.4104 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4104}

Rule 104. As used in these rules:

(a) "Medical waste" means waste as defined in section 13825 of 1978 PA 368, MCL 333.13825.

(b) "Method detection limit" means the minimum concentration of a substance which can be measured and reported with 99% confidence, for which the analyte concentration is greater than zero, and which is determined from analysis of a sample in a given matrix that contains the analyte.

(c) "Monitorable unit" means a landfill unit for which it is possible to determine the unit's impact on groundwater using groundwater monitoring. A unit remains a monitorable unit in any of the following circumstances:

(i) A unit’s monitoring system detects hazardous substances above background, but the owner or operator demonstrates that the source of hazardous substances is not a landfill unit at or adjacent to the facility and that other substances that do not exceed background can be used as reliable indicators of leakage from the unit.

(ii) The unit is constructed over or adjacent to an open dump or another unit, but an impact on the groundwater has not been detected from the open dump or another unit.

(iii) The director waives groundwater monitoring for the unit.

(d) "Municipal solid waste landfill" or "type II landfill" means a landfill which receives household waste or municipal solid waste incinerator ash, and which is not a land application unit, surface impoundment, injection well, or waste pile. A municipal solid waste landfill also may receive other types of solid waste, such as any of the following:

(i) Construction and demolition waste.

(ii) Sewage sludge.

(iii) Commercial waste.

(iv) Nonhazardous sludge.

(v) Hazardous waste from conditionally exempt small quantity generators.

(vi) Industrial waste.

Such a landfill may be publicly or privately owned.

(e) "New disposal area" means a disposal area that requires a construction permit under the act and includes all of the following:

(i) A disposal area, other than an existing disposal area, that is proposed for construction.

(ii) For landfills, a lateral expansion, vertical expansion, or other expansion that results in an increase in the design capacity of an existing disposal area.

(iii) For disposal areas other than landfills, an enlargement in capacity beyond that indicated in the construction permit or in engineering plans approved before January 11, 1979.

(iv) For all disposal areas, an alteration of an existing disposal area to a different disposal area type than had been specified in the previous construction permit application or in engineering plans that were approved by the director or his or her designee before January 11, 1979.

(f) "Natural soil barrier" means any combination of natural or recompacted soil which is not less than 10 feet thick and which consists predominantly of soils that have a unified soil classification of SC, ML, CL, CL/ML, or CH. A natural soil barrier may contain soil types other than SC, ML, CL, CL/ML, or CH if the anomaloussoils are not hydraulically connected to the uppermost aquifer, do not extend beyond the solid waste boundary, and are not considered as part of the thickness determination.

(g) "New unit" means any landfill unit that has not received solid waste before October 9, 1993.

(h) "Nuisance" means conditions that unreasonably interfere with the enjoyment of life and property, such as noise, blowing debris, odors, vectors, or pest animals.

(i) "Open burning" means either of the following:

(i) A fire from which the products of combustion are emitted directly into the outer air without passing through a stack or chimney.

(ii) The combustion of solid waste without controlling combustion air to maintain adequate temperature for efficient combustion, containment of the combustion reaction in an enclosed device to provide sufficient residence time and mixing for complete combustion, and control of the emission of the combustion products.

(j) "Open dump" means a disposal area which is not licensed under the act and which is not otherwise authorized by the director.

(k) "Operator" means the person who is in control of, or responsible for, the operation of a facility or part of a facility.

(l) "Owner" means the person who owns a facility or part of a facility.

(m) "Pile" means any noncontainerized accumulation of solid waste that is used for treatment or storage.

(n) "Planning committee" means a committee that is established under the act to aid in the preparation of a county solid waste management plan.

(o) "Practical quantitation limit" means the lowest level that can be reliably achieved within specified limits of precision and accuracy under routine laboratory conditions and based on all of the following:

(i) Quantitation.

(ii) Precision and accuracy.

(iii) Normal operation of the laboratory.

(iv) The practical need in a compliance monitoring program to have a sufficient number of laboratories available to conduct the analyses.

(p) "Preexisting unit" means any landfill unit which is or was licensed under the act, but which does not receive waste after October 9, 1993.

(q) "Processing" means changing the physical or chemical character of solid waste, by separation, treatment, or other methods, so as to make the waste or a constituent of the waste disposable or usable as a resource. The following activities do not constitute processing:

(i) Compaction.

(ii) Incineration, thermal treatment of contaminated soil, or burning waste as fuel, if these activities are permitted under part 55 of the act.

(iii) Metal processing by scrap dealers.

(iv) Industrial operations that use, reuse, or reclaim industrial waste, source-separated material, or site-separated material to make a raw material or new product.

(v) Separation of recyclable materials from small quantities of solid waste. A small quantity is not more than 2 tons per day or 60 tons per month.

(vi) Separation of recyclable material at a landfill.

(vii) The separation of small quantities of solid waste from source-separated material. The volume of solid waste removed shall be considered a small quantity if it is less than 10% of the total volume of material received.

(viii) Composting of yard clippings, if the requirements of section 11521 are met.

(ix) Composting of material other than yard clippings which is approved under R 299.4121 and which does not involve more than 500 cubic yards at any time. Composting facilities exceeding 500 cubic yards shall be licensed as processing plants.

(x) Shredding or chipping of trees, stumps, and brush.

(xi) Treatment of contaminated soil or other waste generated from the remediation of environmental contamination at the site of environmental contamination before disposal at a facility licensed under this part.

(xii) The addition of small quantities of sorbent material to individual loads of waste within the active portion of a type II landfill.

(r) "Public meeting" means a regularly scheduled meeting of the designated planning agency.

(s) "Regulated hazardous waste" means a hazardous waste, as defined in R 299.9203, that is not excluded from regulation under R 299.9204 or that was not generated by a conditionally exempt small quantity generator as defined in R 299.9205.

(t) "Responsible individual" means an individual who is familiar with the requirements of the act and these rules as they relate to the daily operation and maintenance of the solid waste disposal area where he or she is employed and who has the capability and the authority to make decisions regarding the daily operation and maintenance of that disposal area which are necessary to comply with the act and these rules.

(u) "Runoff" means any rainwater, leachate, or other liquid that drains over land from any part of a facility.

(v) "Run-on" means any rainwater, leachate, or other liquid that drains over land onto any part of a facility.

**History**
- *History: 1982 AACS; 1993 AACS; 1999 AACS; 2015 AACS.*

##### **Mich. Admin. Code R 299.4105** Definitions; S to W {#sec-r-299.4105 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4105}

Rule 105. As used in these rules:

(a) "Sanitary landfill" means a type of disposal area consisting of 1 or more landfill units and the active work areas associated with these units. Sanitary landfills shall be classified as 1 of the following types of landfills:

(i) A type II landfill, which is a municipal solid waste landfill and includes a municipal solid waste incinerator ash landfill.

(ii) A type III landfill, which is any landfill that is not a municipal solid waste landfill or hazardous waste landfill and includes all of the following:

(A) Construction and demolition waste landfills.

(B) Industrial waste landfills.

(C) Landfills which accept waste other than household waste, municipal solid waste incinerator ash, or hazardous waste from conditionally exempt small quantity generators.

(b) "Saturated zone" or "zone of saturation" means that part of the earth's crust in which all voids are filled with water.

(d) "Secondary collection system" means the liquid collection and removal system between the liners of a multiple liner system in a landfill cell. In the case of an unmonitorable unit, the secondary collection system is also a leak detection system.

(e) "Sludge" means any solid or semisolid waste that is generated from a municipal, commercial, or industrial wastewater treatment plant, water supply treatment plant, or air pollution control facility. "Sludge" also includes any other semisolid industrial waste.

(f) "Specific site" means an area within a municipality or municipalities.

(g) "Sole-source aquifer" means those aquifers that are designated under section 1424(e) of the federal safe drinking water act of 1974, Public Law 93-523, 42 U.S.C. §300h et seq.

(h) "Solid waste boundary" means the outermost perimeter of the solid waste (projected in the horizontal plane) as it would exist at completion of the sanitary landfill and as authorized in a construction permit or in engineering plans approved for the landfill unit by the solid waste control agency before January 11, 1979.

(i) "Solid waste control agency" means the certified health department that has jurisdiction in the county or, in the absence of a certified health department, the department.

(j) "Solid waste management industry" means any of the following:

(i) An individual or organization that derives a substantial portion of its income from the collection, transportation, or disposal of solid waste.

(ii) A manufacturing industry that collects, transports, and disposes of solid waste that is generated incidental to its operation.

(iii) A unit of government or subdivision thereof that collects, transports, or disposes of solid waste within its political boundary when 4 members, as defined in paragraphs (i) and (ii) of this subdivision, cannot be found.

(k) "Solid waste management system" means a set of procedures that provides for the collection, transportation, separation, recycling, recovery, and disposal of solid waste.

(l) "Speculative accumulation" means the storage of material intended for recycling or reuse at a site for a period of over 1 year, or for low-hazard industrial waste accumulated at the site of generation, a period of 3 years. A material is not accumulated speculatively, however, if the person who accumulates it can show that the material can be recycled into marketable raw materials or new products and that, during the period, the amount of material that is recycled or that is transferred to a different site for recycling equals not less than 75%, by weight or volume, of the amount of material that was accumulated at the beginning of the period.

(m) "Standard industrial classification number" means the number assigned to an industry by the United States office of management and budget and contained in the standard industrial classification manual. The manual is adopted by reference in R 299.4132.

(n) "Statistically significant increase" means a verified increase in groundwater concentration for a given constituent for which statistical analysis is required in the approved hydrogeological monitoring plan that is inconsistent with background concentrations given chance expectations for the site as a whole.

(o) "Sump" means any lined pit, manhole, or reservoir that serves to collect liquids drained from a leachate collection and removal system, secondary collection system, or leak detection system.

(p) "Surface water" means a body of water that has its top surface exposed to the atmosphere and includes a flowing body, a pond, or a lake, except for drainageways and ponds that are used solely for wastewater conveyance, treatment, or control.

(q) "Synthetic liner" or "flexible membrane liner" means very low-permeability synthetic membrane liners or barriers that are used with any geotechnical engineering-related material as an integral part of a man-made project, structure, or system.

(r) "Total inorganic nitrogen" means the sum of ammonia-nitrogen, nitrate-nitrogen, and nitrite-nitrogen.

(s) "TSCA" means the toxic substances control act, 15 U.S.C. §2601 et seq.

(t) "Unmonitorable unit" means a landfill unit that is not a monitorable unit.

(u) "Uppermost aquifer" means the geologic formation which is nearest to the natural ground surface and which is an aquifer and includes lower aquifers that are hydraulically interconnected with this aquifer within the facility's property boundary.

(v) "Vertical expansion" means the landfilling of solid waste above the elevations indicated in the construction permit or in engineering plans approved for the landfill unit by the solid waste control agency before January 11, 1979. Increases in elevation approved by the director are not new disposal areas if the volume of waste to be disposed of is not expanded beyond the volume previously approved and if the expansion is in compliance with the act and these rules.

(w) "Wetland" means the areas defined as wetlands in part 303 of the act.

**History**
- *History: 1982 AACS; 1993 AACS; 1999 AACS; 2005 AACS; 2015 AACS.*

##### **Mich. Admin. Code R 299.4106** Terms defined in the act {#sec-r-299.4106 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4106}

Rule 106. Terms defined in the act have the same meaning when used in these rules.

**History**
- *History: 1982 AACS.*

##### **Mich. Admin. Code R 299.4106a** Definitions of terms used in act {#sec-r-299.4106a omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4106a}

Rule 106a. As used in the act:

(a) "Approved hydrogeologic monitoring program" means a monitoring program which is approved by the director and which is in compliance under R 299.4905.

(b) "Compost" means organic matter from yard clippings or compostable materials that have undergone biological decomposition by composting, that have been stabilized to a degree that it is potentially beneficial to plant growth without creating a nuisance, and that are used or sold for use as a soil amendment, artificial topsoil, or growing medium amendment or for other similar uses.

(c) "Conversion" means the process by which any of the following is recycled into marketable raw materials or new products:

(i) Glass.

(ii) Metal.

(iii) Wood.

(iv) Paper products.

(v) Plastics.

(vi) Rubber.

(vii) Textiles.

(viii) Garbage.

(ix) Yard clippings.

(x) Other materials approved by the department.

Conversion includes the composting of yard clippings and compostable material in accordance with these rules, but does not include the speculative accumulation of the materials specified in this subdivision.

(d) "Establish a disposal area" as used in the act, means to create a new disposal area, as defined in these rules.

(e) "Modification" means a significant change in the approved plans for a landfill that does not constitute an upgrading, including any of the following:

(i) An increase in the final elevation of a landfill unit that does not result in an increase in design capacity or a change in the solid waste boundary. An increase in the final elevation of a landfill which is necessary to comply with changes in the act or these rules, but which does not result in a vertical expansion, is not a modification.

(ii) A reduction in the protection provided by a liner or cover system.

(iii) Other significant changes in design. The substitution of one equivalent type of material for another in a landfill design shall not be considered significant, if the change is approved by the department.

(f) "New products" means marketable consumer goods produced from site- separated or source-separated material. New products shall not be used in a manner constituting disposal, unless the new products are any of the following:

(i) Inert materials.

(ii) Compost produced from yard clippings.

(iii) Compostable material.

(iv) Material applied to the land for agricultural or silvicultural use in a manner consistent with the act and these rules.

(g) "Operating landfill," as used in section 11525a of the act, means a landfill which is either open or closed, but which has not completed the postclosure period specified in the act.

(h) "Raw materials" means materials that are returned for reuse to the original industry which produced the material, that are sold for use in an industrial process to make new products, or that are used as fuel in a unit permitted to burn the material as fuel under part 55 of the act.

(i) "Rubber" means crumb rubber or ground tires that does not contain steel and fiber.

(j) "Scrap" means metal that is a recyclable material. Used appliances shall not be considered scrap unless capacitors or other parts that may contain polychlorinated biphenyls have been removed and disposed of in compliance with the act and TSCA, if applicable.

(k) "Solid waste disposal area" means the disposal area that is approved in a construction permit or engineering plans approved by the solid waste control agency before January 11, 1979, and all contiguous property that is owned by the same person which has been approved for the disposal of solid waste in other construction permits.

(l) "Upgrading," as used in section 11510 of the act, means any of the following:

(i) The installation of thicker or additional liners in the bottom or final cover of a landfill.

(ii) The installation of gas recovery systems at a landfill.

(iii) The installation of equipment to separate recyclable material at a landfill.

(iv) A restriction in the type of waste that is received at a landfill beyond that previously approved.

(v) Other improvements to a disposal area that are approved by the director.

**History**
- *History: 1993 AACS; 1999 AACS; 2015 AACS.*

##### **Mich. Admin. Code R 299.4107** Construction permit; applicability; permit modification; incomplete application {#sec-r-299.4107 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4107}

Rule 107. (1) A person shall not establish a new disposal area without receiving a construction permit from the director, except as provided in the act and these rules.

(2) A person who applies for a modification of a construction permit shall submit an application on a form provided by the department. The application shall include both revised engineering plans for the effected changes that comply with these rules and the fee required by the act. An application for a modification is not required to contain other information required for a new disposal area by the act and these rules. An application for a construction permit modification shall be reviewed in accordance with sections 11510 and 11511 of the act.

(3) A person shall not construct a disposal area contrary to a construction permit or plans approved before January 11, 1979, unless the change is approved by the director.

Changes to approved plans that do not constitute a new disposal area or a modification may be approved by the director or his or her designee without following the process specified by section 11510 and section 11511 of the act.

(4) The statutory review periods set forth in sections 11511 and 11516 of the act shall not commence until the director, his or her designated representative, or a certified health department determines that an application is administratively complete in that it includes all submittals that are specified in the act and these rules. The determination shall be made and acknowledged within 15 working days of receipt of an application by the certified health department or the director. An application that is determined to be administratively incomplete shall be returned to the applicant, without prejudice, specifically listing those items that are required to make the application complete, together with all filing fees, within 15 working days of receipt by the certified health department or the director.

(5) A determination by a certified health department, the director, or his or her designee that an application is complete shall not be construed as a determination that the application is in compliance with all of the requirements of the act and these rules.

**History**
- *History: 1982 AACS; 1993 AACS; 1999 AACS.*

##### **Mich. Admin. Code R 299.4108** Variances for type III landfills {#sec-r-299.4108 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4108}

Rule 108. (1) A request for a variance for a type III landfill that is a new disposal area shall be in writing, shall accompany the application for a construction permit, and shall include justification for the variance.

(2) A request for a variance for a type III landfill that is an existing disposal area shall be in writing, shall accompany the application for an operating license, and shall include the justification for the variance.

(3) The notice that is published under the act shall include a listing and description of the variances requested by the applicant.

(4) Variances to the following rules that are applicable to type III landfills shall be granted in writing by the solid waste control agency upon a demonstration by the applicant that the requirement in the rules is not feasible and prudent and that either the substitute requirement will provide an equivalent degree of protection for the public health and environment or that the public health, welfare, and environment will not be additionally impaired:

(a) R 299.4304(4), time required to reach final grades.

(b) R 299.4304(5), final cover slope.

(d) R 299.4306(1) for an alternative boundary of compliance in place of the solid waste boundary if the criteria for classification of solid waste disposal facilities and practices, 40 C.F.R. part 257.3-4, are met. The provisions of 40 C.F.R. part 257.3-4 are adopted by reference in R 299.4134.

(e) R 299.4315(3), access.

(f) R 299.4315(4), waste placement supervision.

(g) R 299.4315(5), control of dust and blowing paper.

(h) R 299.4316(1), daily and interim cover.

(i) R 299.4316(2), intermediate cover.

(j) R 299.4317(1), closure time period.

(k) The specifications of R 299.4306, R 299.4307, or R 299.4310(1) and (2) under exceptional circumstances considering only the following factors:

(i) Unique hydrogeological situations.

(ii) The unusual nature of a specific waste with limited potential for environmental damage.

(iii) An opportunity to utilize a waste for a useful purpose.

(iv) The volume of waste to be disposed of.

(v) A demonstration by the applicant that granting the waiver will not result in impairment of the current uses of affected natural resources and that use of the selected disposal area is as reasonable and prudent as the utilization of an alternative disposal area.

(vi) Public comments on the proposed variance. Before granting a variance under this rule, the director shall do all of the following:

(A) Consult with the certified health department.

(B) Discuss the requested variance at the public hearing if a hearing is held under section 11510 of the act.

**History**
- *History: 1982 AACS; 1993 AACS; 1999 AACS.*

##### **Mich. Admin. Code R 299.4109** Rescission {#sec-r-299.4109 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4109}

Rule 109. R 325.2701 and R 325.2702 (formerly R 325.1101 and R 325.1102), R 325.2721 to R 325.2723 (formerly R 325.1103 to R 325.1105), R 325.2731 to R 325.2735 (formerly R 325.1106 to R 325.1110), and R 325.2741 to R 325.2789, appearing on pages 1966 to 1982 of the 1979 Michigan Administrative Code, are rescinded.

**History**
- *History: 1982 AACS.*

##### **Mich. Admin. Code R 299.4110** "Other wastes regulated by statute" defined {#sec-r-299.4110 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4110}

Rule 110. As provided by section 11506 of the act, the following wastes are "other wastes regulated by statute" and are exempt from regulation as solid wastes under part 115 of the act:

(a) Hazardous waste regulated under part 111 of the act.

(b) Waste which is contaminated by polychlorinated biphenyls and which is disposed of in a facility that is licensed under TSCA.

(c) Drilling muds, land clearing debris, and other wastes associated with the exploration, development, or production of crude oil, natural gas, or geothermal energy, when managed within the same field where it was generated and where such management is authorized by the supervisor of wells in a permit or order issued under part 615 of the act.

(d) Dredgings that are approved by the department for disposal under either of the following provisions:

(i) By issuance of a permit issued under part 301 or part 325 of the act authorizing the disposal, if dredgings of more than 300 cubic yards that are removed from either an area of concern identified by the international joint commission or an area adjacent to or immediately downstream of a facility regulated under part 201 of the act are evaluated for contamination and, if contaminated, are managed in a manner consistent with part 201 of the act. To evaluate dredgings for contamination, a person shall do either of the following:

(A) Analyze for PCB’s, polynuclear aromatic hydrocarbons, and the metals identified in table 101. Dredgings shall not be considered contaminated if they meet the criteria for inert material specified in section 11553(5) or (6).

(B) Instead of analyses, demonstrate that the particle sizes of the dredgings are such that 95% or more of the particles will be retained on a No. 200 sieve.

(ii) by department approval of a finding of no significant impact prepared under the national environmental policy act of 1969, §42 U.S.C. 4321 et seq.

(e) Tires that are managed in compliance with part 169 of the act.

(f) Animals that are composted or disposed of in accordance with 1982 PA 239, MCL 287.651 to 287.683.

(g) Earth overburden, rock, lean ore, and iron ore tailings that are regulated under part 631 of the act.

(h) Septage waste which is regulated under part 117 of the act and which is disposed of in a land application unit.

(i) The following waste that is regulated under part 31 of the act:

(i) Liquid waste that is disposed of in accordance with a permit or order issued under part 31 of the act, except for sludges or residues that are generated from the disposal.

(ii) Sludge that is disposed of in a land application unit under a residuals management plan which is approved under part 31 of the act.

(j) The following waste, at the point that it is regulated under part 55 of the act:

(i) Wood and stumps that are burned in accordance with part 55 and part 515 of the act.

(ii) Medical waste that is burned in a unit which is permitted or licensed to burn the waste under part 55 of the act. Medical waste that is disposed of at a location other than at a unit as specified in this paragraph is not exempt from part 115 of the act and these rules.

(iii) Contaminated soil that is treated in a thermal treatment unit which is permitted under part 55 of the act, if the soil is contained at the treatment site so that the operation does not expose the soil to the atmosphere and the elements. Residues from the treatment shall be disposed of under a plan that is approved by the department.

(iv) Chipped tires, creosote railroad ties, and industrial waste that is burned as fuel in a boiler, industrial furnace, or power plant which is permitted under part 55 of the act, to burn the waste as fuel.

(k) Contaminated soil or other waste that is generated from the remediation of environmental contamination, and that is allowed to be disposed of at the site of environmental contamination or at other property which is owned by the responsible party under a remedial action plan that is approved under part 201 or part 213 of the act.

(l) Solid waste in open dumps which did not receive waste after October 9, 1991, and which receive final cover pursuant to either of the following provisions:

(i) A remedial action plan that is approved under part 201 of the act.

(ii) A grant under part 191 or part 195 of the act.

**History**
- *History: 1993 AACS; 1999 AACS; 2015 AACS.*

##### **Mich. Admin. Code R 299.4111** Nondetrimental material managed for agricultural or silvicultural use; conditions for exemption as solid waste {#sec-r-299.4111 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4111}

Rule 111. (1) A person shall not apply sludges, ashes, or other solid waste to the land without having obtained a license under the act, unless the director has approved a plan for managing the wastes as nondetrimental materials that are appropriate for agricultural or silvicultural use or has otherwise authorized the application under part 31 of the act.

(2) A plan for managing nondetrimental materials that are appropriate for agricultural or silvicultural use shall contain all of the following information:

(a) Analytical data that is required under R 299.4118a to characterize the material.

(b) Additional characteristics of the material applicable to its proposed use. Wastes that are proposed for use as fertilizer shall be characterized by representative sampling and analysis for all of the following using analytical procedures that are specified by the EPA publication entitled "Test Methods for the Evaluation of Solid Waste, Physical/Chemical Methods", SW-846, 3rd edition, which is adopted by reference in R 299.4133, or the document entitled "Standard Methods for the Examination of Water and Wastewater," 19th edition, which is adopted by reference in R 299.4139:

(i) Percent dry solids.

(ii) Total kjeldahl nitrogen.

(iii) Total ammonia nitrogen.

(iv) Nitrate nitrogen.

(v) Total phosphorus.

(vi) Specific gravity.

(vii) Chemical oxygen demand.

(viii) Five-day biological oxygen demand.

(ix) pH.

(i) Soil type.

(ii) Soil pH.

(iii) Lime index.

(iv) Cation exchange capacity.

(v) Proposed nutrient application rates.

(d) The name and address and written approval of the titleholder of the land or lands.

(e) The proposed application rate.

(f) The proposed method of application, including the equipment to be used.

(g) The method and frequency of soil tilling to be employed.

(h) The type of vegetation to be maintained, and how it will be managed.

(3) The director shall approve a plan that is submitted under this rule if he or she finds that application of the material to the land will serve as an effective fertilizer or soil conditioner or serve another beneficial use and will be applied to the soil at an agronomic rate, but will not violate part 31 or part 55 of the act or any other state law and will not create a nuisance.

(4) The director shall approve or deny a plan that is submitted under this rule within 120 days of receiving a plan that contains the information specified in subrule (2) of this rule. The director shall impose any conditions on a plan that are necessary to protect human health and the environment.

**History**
- *History: 1993 AACS; 1999 AACS; 2015 AACS.*

##### **Mich. Admin. Code R 299.4112** Emergency disposal; conditions for approval {#sec-r-299.4112 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4112}

Rule 112. (1) If a material poses a threat or substantial nuisance to the public or the environment, a person may petition the director to approve the emergency disposal of the material as follows:

(a) At a location that is not licensed pursuant to the provisions of the act.

(b) At a disposal area that is licensed pursuant to the provisions of the act, but is not authorized by a county plan.

(2) Approval of emergency disposal by the director, or his or her designee, if granted, shall be in compliance with all of the following provisions:

(a) Be oral or written. If oral, it shall be followed by written approval within 5 days.

(b) Not be more than 90 days in duration.

**History**
- *History: 1993 AACS.*

##### **Mich. Admin. Code R 299.4113** Rescinded {#sec-r-299.4113 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4113}

**History**
- *History: 1993 AACS; 1998-2000 AACS; 2014 AACS.*

##### **Mich. Admin. Code R 299.4114** Rescinded {#sec-r-299.4114 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4114}

**History**
- *History: 1993 AACS; 1998-2000 AACS; 2014 AACS.*

##### **Mich. Admin. Code R 299.4115** Rescinded {#sec-r-299.4115 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4115}

**History**
- *History: 1993 AACS; 2014 AACS.*

##### **Mich. Admin. Code R 299.4116** Rescinded {#sec-r-299.4116 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4116}

**History**
- *History: 1993 AACS; 2014 AACS.*

##### **Mich. Admin. Code R 299.4117** Criteria for designating inert materials appropriate for specific reuse instead of virgin material {#sec-r-299.4117 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4117}

Rule 117. (1) A person may petition the director to designate a solid waste as an inert material appropriate for a specific type of reuse instead of virgin material.

(2) The director shall approve a petition pursuant to this rule if the petition demonstrates any of the following:

(a) The material meets the criteria of section 11553(5) or (6).

(b) The material does not pose a greater hazard to human health and the environment during reuse than the virgin material that it replaces when used in the following manner:

(i) As a component of concrete, grout, mortar, or casting molds.

(ii) When used as a raw material in asphalt for road construction.

(iii) As aggregate, road, or building material that, in ultimate use, will be stabilized or bonded by cement, limes, or asphalt.

(iv) In other uses that are approved by the director.

(3) A petition to designate a material as inert for specific reuse shall contain the information specified in R 299.4118a for all of the following:

(a) The waste material itself.

(b) The product, if any, that contains the waste as a component.

(i) The raw material that the waste replaces.

(ii) The product, if any, that contains raw material other than waste.

(4) A person may conduct a pilot project on the suitability of using low-hazard industrial waste for a specific reuse if all of the following conditions are met:

(a) The amount used is not more than 100 tons.

(b) The person notifies the director or his or her designee before use.

(d) The person verifies that the storage of low-hazard industrial waste awaiting the pilot project has not resulted in environmental contamination.

(5) A person may petition the director to designate a solid waste that is not in compliance with the definition of a low-hazard industrial waste as an inert material for the purpose of conducting a pilot project on the suitability of the waste for a specific reuse. The director shall approve the petition if both of the following conditions are met:

(a) The petition includes a detailed description of the proposed pilot project, including all of the following:

(i) The location of the project.

(ii) A description of the waste, including a characterization that complies with the provisions of R 299.4118a.

(iii) The volume of waste to be used.

(iv) The nature of the reuse, and a description of any processes that are required to convert the waste to a product.

(v) The procedures for conducting all testing on the final product to determine compliance with the provisions of subrule (1) of this rule which ensure representative sampling of the final product.

(vi) The proposed completion date.

(b) The director determines that the project does not pose an unacceptable risk of environmental contamination.

(6) A person who conducts a pilot project pursuant to the provisions of this rule shall submit a final report to the director or his or her designee within 90 days of the completion date that describes the results of the project.

**History**
- *History: 1993 AACS; 2015 AACS.*

##### **Mich. Admin. Code R 299.4118** Rescinded {#sec-r-299.4118 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4118}

**History**
- *History: 1993 AACS; 1998-2000 AACS; 2014 AACS.*

##### **Mich. Admin. Code R 299.4118a** Petitions to classify wastes {#sec-r-299.4118a omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4118a}

Rule 118a. (1) A person may petition the director to designate a material as beneficial use by-product for 1, 2, 4, or 5, inert material, a source separated material, a site separated material, a low hazard industrial waste, another material that could be approved by the department under part 115, nondetrimental or recycled material pursuant to R 299.4111, inert material appropriate for specific reuse pursuant to R 299.4117 or a compostable material pursuant to R 299.4121.

(2) A petition to classify a material and its use shall include all of the following information:

(a) The name and site address of the facility that generates or uses the material.

(b) The facility contact person and phone number.

(i) A description of the process that is used to produce the material, including a schematic diagram of the process and a list of raw materials that are used in the process.

(ii) Documentation that the material is not a hazardous waste, as defined in part 111 of the act and the administrative rules promulgated under part 111 of the act.

(iii) The proposed use or disposal method for the material.

(d) Analytical testing on a representative number of samples consistent with its use. Four samples shall be considered to be the minimum number of samples that must be tested and may increase depending on the variability of the sample results. If a hazardous substance is reported to be present in a sample at concentrations above the classification criteria of these rules, a person may demonstrate that the data are not statistically significant, using 1 of the methods specified in R 299.4908. Sampling shall be done consistent with the requirements contained in the EPA document entitled "Test Methods for the Evaluation of Solid Waste, Physical/Chemical Methods," SW-846 3 rd edition, which is adopted by reference in R 299.4133; 1 or more peer-reviewed standards developed by a national or international organization such as ASTM International, 1 or more standards approved by the department or EPA, or any other method approved by the department that more accurately simulates mobility. The samples shall be tested as relevant for the determination for total concentrations, leachable concentrations, or both, of any hazardous substance that the person has knowledge or has reason to believe could be present in the material at a level of concern.

(e) Chain of custody.

(f) Quality control/quality assurance information from the testing lab.

(g) In lieu of submitting information required in subdivisions (d) to (f) of this subrule, a petitioner may demonstrate that a material is a beneficial use by-product by submitting relevant and appropriate documentation for a determination under MCL 324.11553(4).

(h) In lieu of submitting information required in subdivisions (d) to (f) of this subrule, a petitioner may demonstrate that a material is an inert material by submitting relevant and appropriate documentation for a determination under MCL 324.11553(6).

(i) In lieu of submitting information required in subdivisions (d) to (f) of this subrule, a petitioner may demonstrate that a material is source separated in accordance with MCL 324.11506(6)(k) by submitting relevant and appropriate documentation for a determination under MCL 324.11553(8).

(j) In lieu of submitting information required in subdivisions (d) to (f) of this subrule, a petitioner may demonstrate that a material is site separated material by submitting relevant and appropriate documentation consistent with MCL 324.11505(9).

(k) In lieu of submitting information required in subdivisions (d) to (f) of this subrule, Petitioner may demonstrate that a material fits a requested classification recognized in another provision of part 115, MCL 324.11501 et seq., which allows for approval by the department by submitting relevant and appropriate documentation consistent with the cited provision.

**History**
- *History: 2015 AACS.*

##### **Mich. Admin. Code R 299.4119** Rescinded {#sec-r-299.4119 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4119}

**History**
- *History: 1993 AACS; 1998-2000 AACS; 2014 AACS.*

##### **Mich. Admin. Code R 299.4120** Rescinded {#sec-r-299.4120 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4120}

**History**
- *History: 1993 AACS; 1999 AACS; 2012 AACS.*

##### **Mich. Admin. Code R 299.4121** Petitions for use of solid waste other than yard clippings as compost {#sec-r-299.4121 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4121}

Rule 121. (1) A person shall not use a solid waste, other than yard clippings, as compost, unless the director approves the waste as a separated material appropriate for such use pursuant to the provisions of this rule.

(2) A person who proposes to separate a waste for use as compost shall file a petition with the director pursuant to the provisions of R 299.4118a. To characterize such compost, the petitioner shall include all of the following information in the petition:

(a) The type of waste and its potential for creating a nuisance or environmental contamination.

(b) Compost maturity, as determined by a reduction of organic matter during composting.

Organic matter shall be determined by measuring the volatile residues content using EPA method 160.4 or another method that is approved by the director.

(c) Foreign matter content, as determined by drying a sample of compost using EPA method 160.3 and by passing a weighed sample of the dried compost through a 14- or 6-millimeter screen. The material remaining on the screen shall be separated and weighed.

The weight of the separated foreign matter divided by the weight of the total sample multiplied by 100 shall be the foreign matter content.

(d) Particle size, as determined by a sieve analysis.

(3) The director shall approve a material for use as compost if the person who proposes such use demonstrates all of the following:

(a) The material has or will be converted to compost under controlled conditions at a composting facility.

(b) The material will not be a source of environmental contamination or cause a nuisance.

(4) EPA methods 160.3 and 160.4 are contained in the document entitled "Methods for Chemical Analysis of Water and Waste, EPA-600," March, 1979 edition, and are adopted by reference in R 299.4138.

**History**
- *History: 1993 AACS; 2015 AACS.*

##### **Mich. Admin. Code R 299.4122** Rescinded {#sec-r-299.4122 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4122}

**History**
- *History: 1993 AACS; 2014 AACS.*

##### **Mich. Admin. Code R 299.4123** Rescinded {#sec-r-299.4123 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4123}

**History**
- *History: 1993 AACS; 2014 AACS.*

##### **Mich. Admin. Code R 299.4124** Rescinded {#sec-r-299.4124 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4124}

**History**
- *History: 1993 AACS; 2014 AACS.*

##### **Mich. Admin. Code R 299.4125** Rescinded {#sec-r-299.4125 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4125}

**History**
- *History: 1993 AACS; 2014 AACS.*

##### **Mich. Admin. Code R 299.4126** Rescinded {#sec-r-299.4126 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4126}

**History**
- *History: 1993 AACS; 2014 AACS.*

##### **Mich. Admin. Code R 299.4127** Rescinded {#sec-r-299.4127 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4127}

**History**
- *History: 1993 AACS; 2014 AACS.*

##### **Mich. Admin. Code R 299.4128** Open dumping and open burning prohibited {#sec-r-299.4128 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4128}

Rule 128. (1) A person shall not dispose of solid waste in an open dump, except as provided in the act.

(2) Solid waste from an individual's own household or from the planting of privately owned farmland shall be considered a hazard to health and shall not be disposed of in an open dump upon the individual's own land, as provided in section 11512 of the act, if it is any of the following:

(a) Asbestos waste.

(b) A hazardous commercial chemical product.

(d) A pesticide container.

(e) Waste from the demolition of the residence, except for components that are listed as inert material in section 11504(2).

(3) Open burning of solid waste is prohibited, except as provided in subrules (4), (5), and (6) of this rule.

(4) If not prohibited by local ordinance, an individual is not prohibited by the act and these rules from burning solid waste from the individual's own household upon the individual's own land if both of the following conditions are met:

(a) The burning does not create a nuisance and is otherwise in compliance with part 55 of the act and the administrative rules promulgated under part 55 of the act.

(b) The burning is conducted in an approved container constructed of metal or masonry that has a metal covering device that does not have openings larger than ¾ inch.

(5) A person may burn waste for energy recovery in a facility other than an incinerator under R 299.4110.

(6) A person may burn trees, logs, brush, and stumps under R 299.4110.

(7) The open burning of grass clippings or leaves, or both, is prohibited in any municipality that has a population of 7,500 or more persons under section 11522 of the act, unless specifically authorized by local ordinance. A municipality shall report an open burning ordinance to the department within 30 days of the enactment of the ordinance.

**History**
- *History: 1993 AACS; 1999 AACS; 2015 AACS.*

##### **Mich. Admin. Code R 299.4129** Storage of solid waste in uncontained waste piles {#sec-r-299.4129 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4129}

Rule 129. (1) Except as provided in subrule (2) of this rule, the storage of waste in a pile that is not contained in accordance with R 299.4130 constitutes disposal and requires a permit or license under the act. A waste pile that is required to have a permit or license under the act shall be in compliance with the hydrogeological report, groundwater monitoring, and groundwater performance standards which are applicable to type III landfills and which are specified in part 3 of these rules.

(2) The storage of the following waste in piles before reuse or disposal does not require a permit or license under the act and these rules if the conditions specified in subrule (3) of this rule are met:

(a) Low-hazard industrial waste that is separated and stored before being returned to the original process from which the waste was generated or was being used or reused as ingredients in an industrial process to make a product, unless The materials are being stored in a manner which constitutes speculative accumulation.

(b) Low-hazard industrial waste that is stored in a waste pile which was in existence on October 8, 1993, if the pile does not expand horizontally.

(d) Construction and demolition waste that is stored at the site of generation for less than 1 year before being transported for disposal.

(3) Owners and operators of waste piles that are specified in subrule (2) of this rule shall ensure that the unit is not in violation of part 31 or part 55 of the act, does not create a nuisance, and does not result in environmental contamination after closure.

**History**
- *History: 1993 AACS; 1999 AACS.*

##### **Mich. Admin. Code R 299.4130** Storage of solid waste in contained waste piles {#sec-r-299.4130 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4130}

Rule 130. (1) The storage of solid waste in a pile shall not constitute disposal if the pile has a containment system that is designed, installed, and operated to prevent any migration of accumulated liquids out of the system to the soil, groundwater, or surface water at any time during the use of the system. To prevent the migration of liquids, the system shall be in compliance with the provisions of this rule and have 1 of the following:

(a) A natural soil barrier which is in compliance with the provisions of R 299.4307(3)(a).

(b) A liner that is in compliance with the provisions of R 299.4307(4).

(2) Waste pile containment systems shall be constructed of, or lined with, materials that are compatible with the waste to be placed in the system and shall have sufficient strength and thickness to prevent failure due to all of the following:

(a) Pressure gradients, including static head and external hydrological forces.

(b) Physical contact with the waste to which the materials are exposed.

(d) The stress of daily operation, including stresses from nearby vehicular traffic.

(3) Waste pile containment systems shall be placed on a foundation or base which is capable of providing support to the secondary containment system and resistance to pressure gradients above and below the system and which is capable of preventing structural failure due to settlement, compression, or uplift.

(4) Waste pile containment systems shall be sloped or otherwise designed or operated to drain and remove liquids that result from leaks, spills, or precipitation. Spilled or leaked waste and accumulated precipitation shall be removed from the secondary containment system within 24 hours.

(5) Vaults or pads that are used for waste pile containment shall be constructed of steel, poured reinforced concrete, precast concrete, solid masonry, or an equivalent material and shall be designed to do all of the following:

(a) Withstand the full loads to which they will be subjected.

(b) Have water stops in place at all joints, if any.

(d) Prevent migration of moisture into the vault, if the vault is subject to hydraulic pressure.

(e) Have walls which will prevent runoff and runon and which are not more than 6 feet in height above interior grade, unless normal access is provided.

(f) Have a stable foundation.

(6) The owner and operator of a waste pile shall do all of the following:

(a) Design, construct, operate, and maintain a runon control system that is capable of preventing flow onto the pile during peak discharge from not less than a 24-hour, 25-year storm.

(b) Design, construct, operate, and maintain a runoff management system to collect and control, at a minimum, the water volume resulting from a 24-hour, 25-year storm.

(c) Manage collection and holding facilities associated with run-on and runoff control systems such that design capacity of the system is maintained.

(7) Waste that is being accumulated speculatively in piles shall be separated from general refuse and other waste.

(8) The owner and operator of a waste pile that could be subject to dispersal by wind shall cover or otherwise manage the pile so wind dispersal is controlled.

(9) The owner and operator of a waste pile shall manage runoff from the pile as leachate in accordance with the provisions of R 299.4308.

(10) At closure, the owner and operator of a waste pile shall remove or decontaminate all of the following in accordance with the act and these rules:

(a) Waste residues.

(b) Contaminated liners.

(d) Structures.

(e) Equipment.

**History**
- *History: 1993 AACS.*

##### **Mich. Admin. Code R 299.4131** Federal asbestos regulations; adoption by reference {#sec-r-299.4131 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4131}

Rule 131. (1) The definition of asbestos-containing waste material and related definitions contained in 40 C.F.R. §61.141 are adopted by reference in these rules.

(2) The asbestos standards for active waste disposal sites contained in 40 C.F.R. §61.154 are adopted by reference in these rules.

(3) Federal asbestos regulations are contained in 40 C.F.R. parts 61 to 62, July 1, 1997 edition. The 1997 edition is available from the Superintendent of Documents, Government Printing Office, Washington, DC 20402, at a cost as of the time of adoption of these rules of $19.00, or from the Michigan Department of Environmental Quality, Waste Management Division, P.O. Box 30241, Lansing, Michigan 48909, at a cost as of the time of adoption of these rules of $19.00. The regulations specified in this rule are available for inspection at the Lansing office of the department.

**History**
- *History: 1993 AACS; 1999 AACS.*

##### **Mich. Admin. Code R 299.4132** Standard industrial classification manual; adoption by reference {#sec-r-299.4132 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4132}

Rule 132. (1) The office of management and budget document entitled "Standard Industrial Classification Manual," 1987 edition, is adopted by reference in these rules.

(2) The document adopted in subrule (1) of this rule is available from the Superintendent of Documents, Government Printing Office, Washington, DC 20402, at a cost as of the time of adoption of these rules of $29.00 each, or from the Michigan Department of Environmental Quality, Waste Management Division, P.O. Box 30241, Lansing, Michigan 48909, at a cost as of the time of adoption of these rules of $29.00. The document adopted in this rule is available for inspection at the Lansing office of the department.

**History**
- *History: 1993 AACS; 1999 AACS.*

##### **Mich. Admin. Code R 299.4133** Test methods for evaluation of solid waste; adoption by reference {#sec-r-299.4133 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4133}

Rule 133. (1) The publication entitled "Test Methods for the Evaluation of Solid Waste, Physical/Chemical Methods," being EPA publication SW-846, 3rd edition, November 1986, and its updates I (July 1992), II (September 1994), 11A (August 1993), IIB (January 1995), and III (June 1997) are adopted by reference in these rules.

(2) The documents listed in subrule (1) of this rule are available from the Superintendent of Documents, Government Printing Office, Washington, DC 20402, at a cost as of the time of adoption of these rules of $319.00, or from the Michigan Department of Environmental Quality, Waste Management Division, P.O. Box 30241, Lansing, Michigan 48909, at a cost as of the time of adoption of these rules of $319.00. The documents are available for inspection at the Lansing office of the department.

**History**
- *History: 1993 AACS; 1999 AACS.*

##### **Mich. Admin. Code R 299.4134** List of hazardous inorganic and organic constituents; adoption by reference {#sec-r-299.4134 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4134}

Rule 134. (1) The list of hazardous inorganic and organic constituents contained in 40 C.F.R. part 258, appendix II, is adopted by reference in these rules.

(2) The regulations setting forth the classification of solid waste disposal facilities and practices are contained in 40 C.F.R. part 257.3-4 and 40 C.F.R. part 257, appendix I, and are adopted by reference in these rules.

(3) The appendices specified in subrules (1) and (2) of this rule are contained in 40 C.F.R. parts 190 to 259, July 1, 1997 edition. The 1997 edition is available from the Superintendent of Documents, Government Printing Office, Washington, DC 20402, at a cost as of the time of adoption of these rules of $22.00, or from the Michigan Department of Environmental Quality, Waste Management Division, P.O. Box 30241, Lansing, Michigan 48909, at a cost as of the time of adoption of these rules of $22.00. The regulations are available for inspection at the Lansing office of the department.

**History**
- *History: 1993 AACS; 1999 AACS.*

##### **Mich. Admin. Code R 299.4135** ASTM standards; adoption by reference {#sec-r-299.4135 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4135}

Rule 135. (1) The following ASTM standards are adopted by reference in these rules:

(a) D422-63(90), test method for particle size analysis of soils.

(b) D698-91, test method for laboratory compaction characteristics of soil using standard effort.

(d) D2434-68)(94), test method for determining permeability of granular soils (constant head).

(e) D2922-96, test method for determining the density of soil and soil aggregate in place by nuclear methods (shallow depth).

(f) D2487-93, classification of soils for engineering purposes (unified soil classification system).

(g) D4318-95a, test method for liquid limit, plastic limit and plasticity index of soils.

(h) D5084-90, test method for hydraulic conductivity of saturated porous materials using a flexible wall permeameter.

(2) The standards listed in subrule (1)(a) to (e) and (h) of this rule are available from the American Society for Testing and Materials, Sales Service, 100 Barr Harbor Drive, West Conshohocken, Pennsylvania 19428, at a cost as of the time of adoption of these rules of $18.00 each. The standard listed in subrule (1)(f) and (g) of this rule is available from the American Society for Testing and Materials, Sales Service, 100 Barr Harbor Drive, West Conshohocken, Pennsylvania 19428, at a cost as of the time of adoption of these rules of $21.00. The standards listed may also be obtained from the Michigan Department of Environmental Quality, Waste Management Division, P.O. Box 30241, Lansing, Michigan 48909, at a cost as of the time of adoption of these rules of $18.00 and $21.00 each, respectively. The standards adopted in this rule are available for inspection at the Lansing office of the department.

**History**
- *History: 1993 AACS; 1999 AACS.*

##### **Mich. Admin. Code R 299.4136** Federal tank and surface impoundment standards; adopted by reference {#sec-r-299.4136 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4136}

Rule 136. (1) The technical standards for tanks contained in 40 C.F.R.§264.193 are adopted by reference in these rules.

(2) The technical standards for surface impoundments contained in 40 C.F.R. §264.221 are adopted by reference in these rules.

(3) The regulations specified in this rule are contained in 40 C.F.R.parts 260 to 265, July 1, 1997 edition. The 1997 edition is available from the Superintendent of Documents, Government Printing Office, Washington, DC 20402, at a cost as of the time of adoption of these rules of $29.00, or from the Michigan Department of Environmental Quality, Waste Management Division, P.O. Box 30241, Lansing, Michigan 48909, at a cost as of the time of adoption of these rules of $29.00. The regulations are available for inspection at the Lansing office of the department.

**History**
- *History: 1993 AACS; 1999 AACS.*

##### **Mich. Admin. Code R 299.4137** Flexible membrane liner specifications; adoption by reference {#sec-r-299.4137 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4137}

Rule 137. (1) The flexible membrane liner specifications contained in the national sanitation foundation document NSF 54-1993 and the PVC geomembrane institute specification PGI 1197 are adopted by reference in these rules.

(2) Copies of NSF 54-1993 may be purchased at a cost as of the time of adoption of these rules of $50.00 from NSF International, 3475 Plymouth Road, Ann Arbor, Michigan 48106, or from the Michigan Department of Environmental Quality, Waste Management Division, P.O. Box 30241, Lansing, Michigan 48909, at a cost as of the time of adoption of these rules of $50.00. The document is available for inspection at the Lansing office of the department.

(3) Copies of PGI 1197 may be obtained from the PVC Geomembrane Institute, P.O. Box 4226, Traverse City, Michigan 49685, at no cost, or from the Michigan Department of Environmental Quality, Waste Management Division, P.O. Box 30241, Lansing, Michigan 48909, at no cost. The document is available for inspection at the Lansing office of the department.

**History**
- *History: 1993 AACS; 1999 AACS.*

##### **Mich. Admin. Code R 299.4138** EPA methods for analysis of total and volatile residue; adoption by reference {#sec-r-299.4138 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4138}

Rule 138. (1) The EPA methods for the analysis of total and volatile residue specified in EPA methods 160.3 and 160.4 of the document entitled "Methods for Chemical Analysis of Water and Wastes, EPA-600," March, 1979 edition, is adopted by reference in these rules.

(2) The test methods listed in subrule (1) of this rule are available from the Michigan Department of Natural Resources, Waste Management Division, P.O. Box 30028, Lansing, Michigan 48909, free of charge. The test methods are available for inspection at the Lansing office of the department.

**History**
- *History: 1993 AACS.*

##### **Mich. Admin. Code R 299.4139** Standard methods for the examination of water and wastewater; adoption by reference {#sec-r-299.4139 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4139}

Rule 139. (1) The test methods contained in the document entitled "Standard Methods for the Examination of Water and Wastewater," 19th edition, are adopted by reference in these rules.

(2) Copies of the document entitled "Standard Methods for the Examination of Water and Wastewater," 19th edition, may be purchased at a cost of $180.00, plus $12.00 shipping, from the American Public Health Association, 1015 15th Street, NW, Washington, DC 20005, or from the Michigan Department of Environmental Quality, Waste Management Division, P.O. Box 30241, Lansing, Michigan 48909, at a cost as of the time of adoption of these rules of $192.00. The test methods are available for inspection at the Lansing office of the department.

**History**
- *History: 1993 AACS; 1999 AACS.*

##### **Mich. Admin. Code R 299.4140** Definition of PCBs and PCB items; adoption by reference {#sec-r-299.4140 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4140}

Rule 140. (1) The definition of PCBs and PCB items contained in 40 C.F.R. §761.3 is adopted by reference in these rules.

(2) The provisions of 40 C.F.R. §761.3 are contained in 40 C.F.R.parts 700 to 789, July 1, 1997 edition. The 1997 edition is available from the Superintendent of Documents, Government Printing Office, Washington, DC 20402, at a cost as of the time of adoption of these rules of $38.00, or from the Michigan Department of Environmental Quality, Waste Management Division, P.O. Box 30241, Lansing, Michigan 48909, at a cost as of the time of adoption of these rules of $38.00. The regulations are available for inspection at the Lansing office of the department.

**History**
- *History: 1993 AACS; 1999 AACS.*

##### **Mich. Admin. Code R 299.4141** Natural resources conservation service critical area planting guide; adoption by reference {#sec-r-299.4141 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4141}

Rule 141 (1) The natural resources conservation service critical area planting guide is adopted by reference in these rules.

(2) Copies of the document entitled "The Natural Resources Conservation Service Critical Area Planting Guide" may be obtained at no cost from the United States Department of Agriculture, Natural Resources Conservation Service, 1405 South Harrison Street, East Lansing, Michigan 48823, or from the Michigan Department of Environmental Quality, Waste Management Division, P.O. Box 30241, Lansing, Michigan 48909, at no cost. The guide is available for inspection at the Lansing office of the department.

PART 2. CERTIFICATION OF LOCAL HEALTH DEPARTMENTS

**History**
- *History: 1999 AACS.*

##### **Mich. Admin. Code R 299.4201** Certification procedure {#sec-r-299.4201 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4201}

Rule 201. (1) By July 1 of each year, an uncertified city, county, or district department of health that desires to be considered for certification shall file an application on a form provided by the department.

(2) An application request shall be accompanied by a document that contains the proposed methods, budget, and staffing to be used to carry out the performance requirements of R 299.4203 to R 299.4206. The document shall list the classification of designated authorized representatives to participate in the program and shall include all other pertinent information that may be deemed necessary by the department.

(3) The minimum qualifications for individuals who have direct supervisory responsibility for the solid waste management program are as follows:

(a) A baccalaureate degree or equivalent experience and training in any of the following:

(i) Sanitary science.

(ii) Public health.

(iii) Engineering.

(iv) Physical, chemical, or biological science.

(v) Natural resources.

(b) Two years of experience in environmental regulatory programs.

(4) The application and related documents shall be used by the director to determine certification eligibility and for negotiation of the performance contract required pursuant to the provisions of R 299.4802.

(5) The department shall, within 2 months after a complete certification application has been submitted, determine the eligibility of the applicant. The applicant shall be notified, in writing, of the department's determination. A health department shall not be certified until the performance contract is signed by the director and the eligible health department.

However, health departments that have received certification the year before shall continue to be certified unless otherwise notified pursuant to the provisions of R 299.4202.

(6) Health department certification shall be reviewed each year by the department.

Updated information that is relative to certification shall be provided by the health officer, as appropriate, or upon request of the department.

(7) After a determination has been made on the eligibility of a health department for certification, the department and the appropriate local governing entity shall enter into a 1-year contract that establishes the terms under which the health department will be reimbursed for personnel costs. The contract shall include the negotiated grant amount based on the rates for the area and work hours needed to carry out the program specified in R 299.4203 to R 299.4206.

**History**
- *History: 1982 AACS; 1993 AACS; 2015 AACS.*

##### **Mich. Admin. Code R 299.4202** Rescission of certification {#sec-r-299.4202 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4202}

Rule 202. (1) Certification may be rescinded by the department upon written request of the certified health department. The department shall notify the health department of its determination within 30 days and, if applicable, the effective date of certification termination.

(2) The department may rescind certification upon determination that a certified health department is not performing satisfactorily. The department shall notify a certified health department of the performance deficiencies. A certified health department may, within 30 days after notification, request a hearing.

(3) A permit or license application fee shall not be collected, nor shall a health department be eligible to receive personnel costs from the state for services, after the certification is terminated.

**History**
- *History: 1982 AACS.*

##### **Mich. Admin. Code R 299.4203** Certified health department; performance requirements; solid waste disposal areas {#sec-r-299.4203 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4203}

Rule 203. (1) Except as provided in subrules (2) and (3) of this rule, a certified health department shall do all of the following:

(a) At the request of an applicant, provide an advisory analysis of each proposed disposal area within 15 working days of the request. An advisory analysis shall include a site inspection and written report to the applicant regarding the preliminary feasibility of the disposal area as described in R 299.4901. A copy of the advisory analysis shall be provided to the department. Nothing in the advisory analysis shall be considered to constitute an approval or denial for a construction permit or operating license.

(b) Receive all construction permit and operating license application forms and documents.

(d) Upon the receipt of a construction permit application, obtain information for the proper notification of all parties that is required by section 11510 of the act.

(e) Assist the department in arranging newspaper publication of the required public notice in the vicinity of the proposed undertaking. The certified health department's obligation for such costs shall not be more than ½ of the construction permit application fee that is remitted by the applicant under the act.

(f) Provide a location where the complete construction permit application may be reviewed by the public.

(g) Assist the department in conducting all public hearings relative to an application for a construction permit.

(h) Conduct a site inspection upon receipt of an operating license application to determine compliance with the act and these rules.

(i) Submit a written report of the site inspection and a recommendation for or against license issuance to the department within 15 working days of receipt of the operating license application package. The applicant shall be sent a copy of the recommendation.

(j) Provide the department and the licensee with written recommendations regarding appropriate action on existing facilities, which may include closure, remedial measures, and a compliance schedule.

(k) File an instrument that is prepared by the applicant in the office of the register of deeds of the county in which a sanitary landfill is located that imposes a restrictive covenant upon the land involved at the time of licensing as required by section 11518 of the act and provide the department with a copy of the recorded instrument or a receipt that verifies the proper filing.

(l) Provide a minimum of quarterly, routine, written inspection reports of all disposal areas, unless a more frequent inspection schedule is established by the department. A written notice of deficiencies, together with requirements for their correction, shall be provided to the licensee. Copies of all inspection reports and correspondence shall be provided to the department.

(m) Follow-up inspections of disposal areas shall be conducted when necessary.

(n) Maintain a complete file of transactions relative to the inspection report activities for each disposal area.

(o) Investigate and document all complaints on solid waste disposal areas and dumps.

Reports of actions taken shall be provided to the department.

(p) Notify the department of any unresolved problems or violations that continue beyond 90 days of the health department's investigations of complaints.

(q) Be willing and prepared to present documentation and testimony at show cause hearings, formal administrative hearings, or at any other informal or formal legal proceedings.

(r) In cooperation with the department, issue cease and desist orders for unlicensed waste disposal areas or dumps. The department shall be provided with copies of any cease and desist orders that may be issued.

(s) Program enforcement and review responsibilities shall be uniformly applied to the public and private sectors.

(t) Assist in developing and encouraging environmentally sound methods of disposal, including resource recovery and conservation.

(2) A health department that employs a qualified geologist and engineer may apply to the department to review all construction permits and operating license applications for completeness and content. A health department that is certified to conduct a review shall do all of the following:

(a) Review each construction permit and operating license application for completeness and notify the applicant, within 15 working days of receipt of the application, as to the completeness of the application.

(b) Provide the department with a copy of all completeness reviews.

(c) Review complete construction permit applications for compliance with the act and these rules and forward a review report and recommendation for or against issuance of a permit to the department within 45 calendar days of receipt of the complete application package.

(d) Review complete operating license applications, including bonds and construction certification documents, for compliance with the act and these rules and forward a review report and recommendation for or against issuance of a license to the department within 15 working days of receipt of the complete application package.

(e) Conduct inspections to verify that construction of a disposal area is proceeding in accordance with approved plans.

(3) A health department may apply to the department for authorization to conduct other activities that are not specified in subrules (1) and (2) of this rule.

(4) A certified health department is not responsible for inspecting or reviewing applications for disposal areas that are owned or operated by the county within the certified health department’s jurisdiction. The department is responsible for conducting the inspections.

(5) A certified health department shall not authorize changes to engineering plans that are approved by the director.

**History**
- *History: 1982 AACS; 1993 AACS; 1999 AACS; 2015 AACS.*

##### **Mich. Admin. Code R 299.4204** Certified health department; performance requirements; solid waste management planning {#sec-r-299.4204 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4204}

Rule 204. A certified health department shall do all of the following:

(a) Provide an initial review of solid waste management plans and required updated plans developed for the county of jurisdiction. Findings and recommendations shall be provided to the department and the designated planning agency.

(b) Maintain a copy of the county's current solid waste management plan for public review upon request.

(c) During the preparation or update of a solid waste management plan, provide advice and consultation upon request to all of the following:

(i) The planning committee.

(ii) The designated planning agency.

(iii) Municipalities.

(iv) The county.

(v) The private sector.

(vi) Appropriate organizations.

**History**
- *History: 1982 AACS.*

##### **Mich. Admin. Code R 299.4205** Certified health department; performance requirements; solid waste haulers {#sec-r-299.4205 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4205}

Rule 205. A certified health department shall do all of the following:

(a) Inspect any solid waste transporting units or the overnight storage of such units as often as necessary or upon receipt of a complaint to assure complaince with the act and these rules. Appropriate action shall be taken by the certified health department to assure compliance.

(b) Investigate any reported dumping of solid waste by a hauler other than at an approved disposal area.

(c) Order any solid waste transporting unit out of service if the unit does not comply with the operational requirements of the act and these rules.

(d) Be willing and prepared to present documentation and testimony at any informal or formal legal proceeding on any solid waste hauler or solid waste transporting unit.

**History**
- *History: 1982 AACS.*

##### **Mich. Admin. Code R 299.4206** Certified health department representatives; performance requirements {#sec-r-299.4206 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4206}

Rule 206. An authorized representative of a certified health department shall do both of the following:

(a) When appropriate, attend solid waste courses, seminars, and in-service training programs.

(b) Keep abreast of developments in the solid waste management and resource recovery field through review of periodicals.

PART 3. TYPE III LANDFILLS

**History**
- *History: 1982 AACS.*

##### **Mich. Admin. Code R 299.4301** Purpose, scope, and applicability {#sec-r-299.4301 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4301}

Rule 301. (1) The purpose of this part is to establish standards under the act for all type III landfill units. These standards ensure the protection of human health and the environment.

(2) Type III landfills that are new disposal areas shall not be issued an operating license unless the construction permit process specified in the act and R 299.4902 to R 299.4920 has been complied with.

(3) Except as otherwise specifically provided in this part, the standards of this part apply to the owners and operators of all of the following:

(a) New type III landfill units.

(b) Existing type III landfill units.

(d) Preexisting type III landfill units. All other solid waste disposal areas and practices that are not regulated under part 111 of the act are subject to the standards contained in parts 2, 4, and 5 of these rules.

(4) Variances to the rules that are applicable to type III landfills may be granted, in writing, by the solid waste control agency under R 299.4108.

**History**
- *History: 1982 AACS; 1993 AACS; 1999 AACS.*

##### **Mich. Admin. Code R 299.4302** Existing industrial waste landfills {#sec-r-299.4302 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4302}

Rule 302. (1) The owner and operator of an industrial waste landfill that has been issued a permit or license under the act on the effective date of these rules may construct, operate, and close the disposal area in accordance with existing permits, licenses, and approved plans if the owner and operator do all of the following:

(a) Comply with the performance standards specified in R 299.4306.

(b) Comply with other portions of the act and these rules applicable to existing disposal areas.

(c) Not later than October 1, 1995, revise existing hydrogeologic monitoring plans, as necessary, to comply with R 299.4905 and submit the plans to the director with the first operating license application that is applied for after this date.

(d) For any unit which is a possible source of groundwater contamination or which is an unmonitorable unit, submit a response action plan under R 299.4319.

(e) Comply with the waste restrictions specified in subrule (2) of this rule.

(2) To be disposed of in an industrial waste landfill that is an existing disposal area, all wastes, except for construction and demolition waste, trees, and stumps, shall have been subjected to the leaching test protocol specified in R 299.4311 and have been approved for disposal at the specific landfill based on a determination by the solid waste control agency that the disposal has a minimal potential for groundwater contamination. Waste that is approved for disposal in an industrial solid waste landfill which is an existing disposal area shall be retested annually, or on a more frequent schedule as specified by the solid waste control agency, to confirm that disposal of the waste presents a minimal potential for groundwater contamination. The owner or operator of an existing industrial waste landfill may petition the director to waive the tests specified in R 299.4311 for new waste or waste previously approved. The director shall approve such a petition if either of the following conditions is met:

(a) The waste is listed as a low-hazard industrial waste or meets the criteria for a low-hazard industrial waste specified in section 11504(7) and the design of the landfill meets the criteria for a low-hazard industrial waste landfill specified in R 299.4307(3)(a) or (4).

(b) The petition demonstrates that the location or design of the landfill minimize the potential for groundwater contamination, and that the concentration of constituents in the waste is not a significant factor.

(3) The owners and operators of existing industrial waste landfill units which are not licensed under the act as type III landfills on the effective date of these rules, but which receive waste under other authority, shall notify the director of the nature and extent of the disposal area not less than 6 months after the effective date of these rules. At any time after such date, the owner or operator of an industrial waste landfill specified in this subrule may be required, by the director, to submit an operating license application. An owner and operator that are required to submit an operating license application under this rule shall be allowed not less than 6 months to submit the application. An operating license application shall include all of the following information:

(a) A waste characterization that is in compliance with R 299.4118a.

(b) A hydrogeologic report and monitoring program that is sufficient to comply with R 299.4904 and R 299.4905.

(i) The final cover requirements of R 299.4304 for all units.

(ii) The design requirements of R 299.4307 for all new units or lateral extensions of existing units.

(d) Information that is required by R 299.4922.

(4) Engineering plans, hydrogeologic evaluations, and the surface water and groundwater monitoring program for industrial waste landfills that are not licensed under the act shall be reviewed by the director to assure compliance with these rules. The owners and operators of landfills that the director determines are not in compliance with these rules may be issued a timetable or schedule of remedial measures that will lead to compliance within a reasonable time period, which shall not be more than 2 years from the date of the determination.

**History**
- *History: 1982 AACS; 1993 AACS; 1999 AACS; 2015 AACS.*

##### **Mich. Admin. Code R 299.4303** Existing construction and demolition waste landfills {#sec-r-299.4303 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4303}

Rule 303. (1) Construction and demolition waste landfills that are existing disposal areas shall be in compliance with all of the requirements of this part that are not designated as applying to new disposal areas only.

(2) The owner and operator of an existing construction and demolition waste landfill shall comply with the final cover requirements of R 299.4304 for all units that are not certified to be closed within 6 months of the effective date of these rules and with the design requirements of R 299.4307 for any new unit or lateral extension of an existing unit.

(3) The owner and operator of an existing construction and demolition waste landfill are not required to submit revised engineering plans to the director, but shall submit as-built plans as part of the construction certification pursuant to the provisions of R 299.4921.

(4) Not later than October 9, 1994, the owner and operator of a construction and demolition waste landfill shall revise existing hydrogeologic monitoring plans as necessary to comply with R 299.4905 and shall submit such plans to the director with the first operating license application or reapplication that is made after October 9, 1994.

**History**
- *History: 1982 AACS; 1993 AACS.*

##### **Mich. Admin. Code R 299.4304** Type III landfill final cover design {#sec-r-299.4304 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4304}

Rule 304. (1) The owner and operator of a type III landfill unit shall install a final cover system which is designed to minimize erosion and infiltration to the extent necessary to protect the public health and the environment.

(2) If methane or other decomposition gases will be generated within a type III landfill, the owner and operator shall design and employ a means of ensuring that gases cannot travel laterally from the site or accumulate in structures.

(3) The owner and operator of a type III landfill shall grade portions of the landfill that have received final cover so as to prevent storm water runoff from entering the active portion.

(4) The owner and operator of a type III landfill shall design and operate the landfill so as to bring the active portion up to final grade as soon as possible.

(5) To prevent the ponding of water on completed fill surfaces, the grading contours shall tend to forestall development of local depressions due to post-construction settlement.

Slopes of the final cover shall not exceed 1 vertical on 4 horizontal or as necessary to permit the establishment of vegetative cover. The final slope for a type III landfill that is a new disposal area shall not be less than 2%, unless the director approves a final cover that is not designed to minimize infiltration, as provided in subrule (7) of this rule, or otherwise approves a variance under R 299.4108.

(6) Except as provided in subrule (7) of this rule, final cover for type III landfills shall be comprised of an erosion layer underlain by an infiltration layer, as follows:

(a) The infiltration layer shall be comprised of 1 of the following:

(i) A minimum of 2 feet of compacted soil that is in compliance with R 299.4913. For new disposal areas, the compacted soil shall also be protected by at least 2 feet of additional soil.

(ii) A flexible membrane liner that is in compliance with R 299.4915.when properly sloped and protected by at least 2 feet of soil.

(iii) An approved alternative material, when properly sloped and protected, if equivalent protection is provided.

(b) The erosion layer shall consist of a minimum of 6 inches of earthen material that is capable of supporting native plant growth.

(7) The owner and operator of a type III landfill may install a final cover that is not designed to minimize infiltration if the landfill unit meets the design criteria of R 299.4307(3)(b) and the owner and operator demonstrate that infiltration through the final cover will not violate the performance standards of R 299.4306 throughout the postclosure period.

**History**
- *History: 1982 AACS; 1993 AACS; 1999 AACS.*

##### **Mich. Admin. Code R 299.4305** Type III landfill location restrictions {#sec-r-299.4305 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4305}

Rule 305. (1) The requirements of this rule apply to type III landfills that are new disposal areas.

(2) Horizontal isolation distances shall be in compliance with the following provisions, as applicable:

(a) The isolation distances established for a specific landfill shall take into consideration immediate and long-term environmental factors, including all of the following:

(i) Noise.

(ii) Blowing papers.

(iii) Dust.

(iv) Odor.

(v) Vectors.

(vi) Pest animals.

(vii) Equipment vibration.

(b) Unless a variance is obtained under R 299.4108, the active work area for type III landfills that are new disposal areas shall not be located closer than 100 feet to adjacent property lines, road rights-of-way, or lakes and perennial streams or closer than 300 feet to domiciles that exist at the time of issuance of a construction permit. In addition, approval of less than 200 feet of isolation distance requires either a berm which is not less than 8 feet high with a 4-foot fence on top and which is constructed around the perimeter of the active work area or natural screening that offers equivalent protection. Greater isolation distances may be required in any of the following situations:

(i) Geological conditions require it.

(ii) The site is adjacent to special quiet zones, as designated by local or state government.

(iii) The site is near an airport.

(iv) Federal or state regulations apply.

(v) Dewatering will adversely affect adjacent aquifers.

(c) Construction and demolition waste landfills which are new disposal areas and which will accept waste from more than 1 generator shall comply with the location restrictions for type II landfills specified in R 299.4412 to R 299.4418.

(3) A type III landfill shall not be located within a floodplain unless the necessity for such a location can be substantiated through an environmental assessment and unless it can be demonstrated that the fill will not affect upstream or downstream flood stages. To demonstrate that the fill will not affect upstream or downstream flood stages, the owner or operator shall obtain a permit under part 31 of the act.

(4) A type III landfill shall not be located within a wetland unless it meets both of the following requirements:

(a) The location can be substantiated through an environmental assessment which considers alternatives and assures that all potentially negative impacts can be mitigated.

(b) Where applicable, the applicant obtains a permit under part 303 of the act.

(5) The applicant shall demonstrate, as part of the permit application, that operation of the proposed type III landfill will not result in noise exceeding the following levels for specified adjacent land uses when measured at the common property line nearest the active work area:

Adjacent Use Maximum Sound Level Residential 75 dBA.

Commercial 85 dBA.

Industrial and other 90 dBA.

Objectionable noises due to intermittence, beat, frequency, or shrillness shall be muffled so as not to become a nuisance to adjacent users.

**History**
- *History: 1982 AACS; 1993 AACS; 1999 AACS.*

##### **Mich. Admin. Code R 299.4306** Type III landfill water quality performance standard {#sec-r-299.4306 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4306}

Rule 306. (1) The design and siting of type III landfills shall ensure that groundwater at the solid waste boundary will not exceed standards described in the criteria for the classification of solid waste disposal facilities and practices, 40 C.F.R. part 257.3-4 and appendix I of 40 C.F.R. part 257, or that the concentration of substances will not be increased where their existing concentration exceeds the maximum levels established in 40 C.F.R. part 257, appendix I, unless groundwater is unsuitable for human consumption by having more than 10,000 mg/l total dissolved solids. The provisions of 40 C.F.R. part 257.3-4 and 40 C.F.R. part 257, appendix I are adopted by reference in R 299.4134.

(2) The design, siting, and operation of a type III landfill shall ensure that all of the requirements for the protection of surface and groundwater that are contained in part 31 of the act and rules promulgated under part 31 of the act shall be met.

**History**
- *History: 1982 AACS; 1993 AACS; 1999 AACS.*

##### **Mich. Admin. Code R 299.4307** Type III landfills; design standards; natural soil sites; lined sites {#sec-r-299.4307 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4307}

Rule 307. (1) The design standards of this rule apply to both of the following:

(a) New disposal areas for industrial waste.

(b) New units and lateral extensions of existing units at a construction and demolition waste landfill.

(2) Except as required by subrules (5) and (6) of this rule, a type III landfill shall be located and designed with either of the following:

(a) A liner that is in compliance with subrule (4) of this rule.

(b) A natural soil barrier that is in compliance with subrule (3)(a) of this rule.

(c) For low-hazard industrial waste, a means of otherwise preventing groundwater contamination, as provided by subrule 3(b) of this rule.

(3) The following provisions apply with respect to natural soil sites for type III landfills:

(a) A natural soil barrier shall have a maximum demonstrated hydraulic conductivity of 1.0 x 10 -7 cm/sec and shall meet the criteria specified in R 299.4912. The director may approve a combination of natural soils with a maximum demonstrated hydraulic conductivity of 1.0 x 10 -6 cm/sec having a thickness that provides equivalent protection to 10 feet of 1.0 x 10 -7 cm/sec soil. Type III natural clay sites where the clay does not extend to the surface shall include side cutoff walls or other barriers and controls to impede the lateral infiltration of water into the fill and to impede lateral flow of leachate out of the fill interior.

(b) Applications for low-hazard industrial waste landfills at natural soil sites that do not meet the permeability or soil classifications of subdivision (a) of this subrule shall be considered based on the hydrogeologic characteristics of the site, including the permeability and thickness of the soils, the ability of the soils to attenuate leachate, groundwater level, and other factors particular to a specific site. In addition, all of the following requirements apply:

(i) The applicant shall characterize the waste in accordance with R 299.4118a criteria established by the director and shall retest the waste annually, or on a more frequent schedule, as specified by the solid waste control agency if the character of the waste is variable.

(ii) In the application, an applicant shall explain the rationale for the design using calculations, if applicable, and professional analyses to show how the proposed design is expected to be in compliance with the performance standards specified in R 299.4306.

(iii) Two thousand feet of horizontal isolation shall exist in the direction of groundwater flow measured from the solid waste boundary to public water supply wells and domestic wells in existence at the time of an advisory analysis.

(iv) One thousand feet of horizontal isolation shall exist in directions lateral to or upgradient of the direction of groundwater flow measured from the solid waste boundary to public water supply wells and off-site domestic wells in existence at the time of advisory analysis.

(v) Based on the hydrogeological evaluation, the director may approve a decrease in the isolation distances specified in paragraphs (ii) to (iv) of this subdivision.

(vi) An applicant shall demonstrate, by technical calculations, considering the design details and operational procedures specific to the site, how run-off from those portions of the landfill that contain solid waste will be managed to comply with R 299.4306.

(4) All of the following may be used as a liner system for type III landfills:

(a) A compacted soil liner which has a minimum thickness of 3 feet and which is in compliance with the specifications of R 299.4913.

(b) A composite liner.

(c) A flexible membrane liner which is in compliance with the specifications of R 299.4915 and which is not less than 30 mils thick, if the liner is installed on stable soil not less than 4 feet thick and which has a hydraulic conductivity that is less than 1.0 x 10 cm/sec.

(d) Other liner materials, modified soils, or technologically advanced liner systems, based on data supplied by the applicant regarding the system's durability, permeability, resistance to sunlight and chemicals, and performance in similar applications. The director shall determine the acceptability of the data and proposed design.

(5) New disposal areas for industrial solid waste that do not meet the criteria for lowhazard industrial solid waste contained in section 11504(7)shall, at a minimum, contain a composite liner.

(6) A new unit or a lateral extension of an existing unit at a type III landfill that is an unmonitorable unit shall not be licensed unless the unit contains a leak detection system that is monitored in accordance with the approved hydrogeological monitoring plan. The owner or operator of an unmonitorable unit who installs a leak detection system to monitor the unit shall include in the hydrogeological monitoring plan provisions for monitoring the leak detection system in accordance with R 299.4437.

**History**
- *History: 1982 AACS; 1993 AACS; 1999 AACS; 2005 AACS; 2015 AACS.*

##### **Mich. Admin. Code R 299.4308** Type III landfill leachate collection and treatment {#sec-r-299.4308 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4308}

Rule 308. (1) The following type III landfills, except for those established under R 299.4307(3)(b) or R 299.4309, shall have systems to collect and remove leachate:

(a) Industrial waste landfills that are new disposal areas.

(b) New units and lateral extensions of existing units at construction and demolition waste landfills.

(2) Leachate collection systems for type III landfills shall be designed, constructed, and operated to limit the head at the lowest point in the system to not more than 1 foot, excluding the sump. Except as provided in subrule (1) of this rule, type III landfills shall have leachate collection systems that are in compliance with R 299.4423.

(3) Leachate that is removed shall either be reintroduced into the landfill if it can be demonstrated that such leachate will be absorbed by the landfill or shall be conveyed to a wastewater treatment facility that is capable of treating the leachate to meet appropriate discharge standards specified in a wastewater discharge permit issued under part 31 of the act.

**History**
- *History: 1982 AACS; 1993 AACS; 1999 AACS.*

##### **Mich. Admin. Code R 299.4309** Industrial waste surface impoundments closed as landfills; design standards; testing of wastes {#sec-r-299.4309 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4309}

Rule 309. (1) The requirements of this rule apply to a surface impoundment which receives low-hazard industrial waste sludges or slurries that contain free liquids and which is an impoundment where solid waste will remain after closure. This rule does not apply to landfills that are in compliance with the leachate management requirements of R 299.4308, except as provided in this rule. An industrial waste surface impoundment that is closed as a landfill shall be in compliance with all parts of these rules designated as applying to type III landfills.

(2) In the construction permit application for an industrial waste surface impoundment that is closed as a landfill, the engineer shall explain the rationale for the design, using calculations, if applicable, and professional analyses to show how the proposed design is expected to comply with the groundwater quality performance standards of R 299.4306.

(3) All wastes to be disposed of in an industrial waste surface impoundment that is closed as a landfill, shall have been subjected to the leaching test protocol specified in R 299.4311 and shall be classed as a low-hazard industrial waste.

(4) Free liquids in an industrial waste surface impoundment shall be discharged in accordance with a permit which is issued under part 31 of the act and which considers the effect of the discharge on surface and groundwater.

(5) A surface impoundment shall maintain enough freeboard to prevent any overtopping of the dike by overfilling, wave action, or a storm, but not less than 2 feet at any time. The owner or operator shall level at least once each week to ensure compliance with this subrule.

(6) An earthen dike at a surface impoundment shall have a protective cover, such as grass or rock, to minimize wind and water erosion and to preserve its structural integrity. The owner or operator shall inspect an earthen dike at least once per week to detect any deterioration or failure in the impoundment.

(7) At closure, the owner or operator of a surface impoundment that is closed as a landfill shall do all of the following unless the director determines that such actions are not necessary:

(a) Eliminate free liquids by removing liquid wastes or solidifying the remaining wastes and waste residues.

(b) Stabilize remaining wastes to a bearing capacity that is sufficient to support final cover.

(d) Conduct groundwater monitoring and postclosure maintenance in accordance with rules applicable to type III landfills.

**History**
- *History: 1982 AACS; 1993 AACS; 1999 AACS.*

##### **Mich. Admin. Code R 299.4310** Type III landfill location restrictions; groundwater isolation {#sec-r-299.4310 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4310}

Rule 310. (1) Type III landfills that do not have a liner or leachate collection system shall have a permanent minimum clearance of 4 feet from the bottom of the waste to the groundwater level, unless the director authorizes a variance from this requirement under R 299.4108.

(2) Type III landfills that have a liner shall have a permanent minimum clearance of 4 feet from the top of the liner to the groundwater level, unless the director authorizes a variance from this requirement under R 299.4108.

(3) Gravity interception of groundwater to maintain the minimum clearance to groundwater level specified by this rule may be utilized. The pumping of groundwater to control groundwater level is not considered permanent and shall not be utilized.

**History**
- *History: 1982 AACS; 1993 AACS; 1999 AACS.*

##### **Mich. Admin. Code R 299.4311** Leaching tests to evaluate potential for groundwater contamination at unlined industrial waste landfills {#sec-r-299.4311 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4311}

Rule 311. (1) A license applicant for a new low-hazard industrial waste landfill that does not have a liner system meeting the standards of R 299.4307(3)(a) or (4) and a leachate collection system meeting the standards of R 299.4308, or any person who intendS to place new waste in an existing industrial waste landfill that does not have a liner and leachate collection system, shall subject the waste to a leaching test procedure specified in subrule (2) of this rule to assist in the evaluation of groundwater contamination potential, and the applicant shall demonstrate to the director that such concentration does not pose more than a minimal potential of groundwater contamination. Where actual field data on a waste is available at existing facilities, it shall also be used to assist in the evaluation of groundwater contamination potential. The director shall approve new wastes at an existing industrial waste landfill which does not contain a liner and leachate collection system if the concentration of hazardous substances in the new waste is not significantly greater than wastes previously approved, as demonstrated by a statistical test consistent with R 299.4908 and if the landfill is otherwise in compliance with these rules.

(2) To evaluate the leaching potential of an industrial waste, the person shall analyze representative samples of the waste in accordance with the toxicity characteristic leaching procedure, EPA method 1311, or the synthetic precipitation leaching procedure, EPA method 1312. Samples shall be collected and analyzed in accordance with the publication entitled "Test Methods for Evaluating Solid Waste," SW-846 3rd edition, which is adopted by reference in R 299.4133. As specified in that document, 4 discrete samples shall constitute the minimum number of samples necessary to be considered representative of a waste. If an alternate leach test procedure is proposed, the leaching test procedure shall have been developed by a recognized independent testing association, trade association, professional society, or regulatory agency and shall be documented as to applicability and reproducibility.

(3) Waste that is disposed of in an industrial waste landfill which is an existing disposal area shall be retested to evaluate the potential for groundwater contamination annually or on a more frequent schedule as specified by the solid waste control agency, unless the director approves a petition to discontinue such testing under R 299.4302. Test results shall be submitted to the solid waste control agency.

(4) A waste that is classified as a type III waste may be disposed of in a type II landfill.

(5) The department may specify that a waste be segregated from other wastes in a type III landfill or that other special handling procedures be used.

**History**
- *History: 1982 AACS; 1993 AACS; 1999 AACS.*

##### **Mich. Admin. Code R 299.4312** Rescinded {#sec-r-299.4312 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4312}

**History**
- *History: 1982 AACS; 1993 AACS.*

##### **Mich. Admin. Code R 299.4313** Type III landfill licensing procedure; construction verification; field notes; application package; inspection by solid waste control agency {#sec-r-299.4313 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4313}

Rule 313. (1) A verification by a registered professional engineer that the construction of a type III landfill unit was in accordance with the approved engineering plans shall accompany all license applications for newly constructed units. Construction records that are specified in R 299.4921 shall accompany the verification.

(2) An operating license application for a new unit that is upgraded to meet the requirements of these rules shall include as-built plans of the unit that are in compliance with the provisions of R 299.4910.

(3) The application package shall be submitted to the solid waste control agency.

(4) The solid waste control agency shall make at least 1 inspection of the landfill after receiving a license application and shall, before license issuance, evaluate the status of compliance with the act and these rules.

**History**
- *History: 1982 AACS; 1993 AACS.*

##### **Mich. Admin. Code R 299.4314** Rescinded {#sec-r-299.4314 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4314}

**History**
- *History: 1982 AACS; 1993 AACS.*

##### **Mich. Admin. Code R 299.4315** Type III landfill operating requirements; equipment; supervision; access; unloading of solid waste; control of dust and blowing papers; spreading and compaction; cell volume; hazardous waste, liquids, or sewage; burning; on-site roads; salvaging; insects and rodents; sloping, grading, and drainage; noise levels; monitor well sampling; leachate removal and disposal {#sec-r-299.4315 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4315}

Rule 315. (1) Properly maintained equipment of adequate number, type, and size shall be used in operating a type III landfill pursuant to established engineering practice and these rules. Backup equipment shall be available on the site or suitable arrangements shall be made to provide for such equipment from other sources during equipment breakdown or during peak loads.

(2) A type III landfill operation shall be under the immediate direction of a responsible individual.

(3) Access to a type III landfill shall be limited to those times when an attendant is on duty or when an alternative monitoring device is in use and shall be limited to those persons who are authorized to use the site for the disposal of solid waste. Access to the site shall be controlled by a suitable barrier.

(4) The unloading of solid waste shall be continuously supervised.

(5) Measures shall be provided to control fugitive dust, odors, and other emissions at a type III landfill. These measures shall be sufficient to ensure that the operation of the landfill will not produce any emission that results in a violation of part 55 of the act.

(6) Solid waste at a construction and demolition waste landfill shall be spread so that it can be compacted in layers that are not more than 2 feet deep. Large and bulky items, when not excluded from the site, shall be disposed of in a manner that is approved by the solid waste control agency.

(7) The owner or operator of a type III landfill shall record the quantity of waste that is disposed of in tons or cubic yards. Records of waste disposal shall be used to calculate deposits into the perpetual care fund that are required by section 11525 of the act.

(8) The following wastes shall not be disposed of in a type III landfill:

(a) Materials that would adversely affect the liner.

(b) Household waste.

(d) Liquid waste, except for industrial sludges and leachate recirculated under R 299.4308(2).

(9) The burning of trees, stumps, and brush at a type III landfill shall be severely restricted and shall be conducted only in designated areas with the permission of the solid waste control agency and other appropriate authorities. Suitable measures shall be available to extinguish accidental fires.

(10) On-site roads shall be designed and constructed so that traffic flows smoothly and is not interrupted by ordinary inclement weather.

(11) Salvaging at a construction and demolition waste landfill, if allowed by the licensee, shall be organized so that it does not interfere with the prompt sanitary disposal of solid waste or create unsightliness or health hazards. Scavenging is not permitted. White goods and other recyclable metals may be stored for eventual recycling on the site of a construction and demolition waste landfill in a separate area away from the active work area if a nuisance or health hazard does not develop. The period of storage shall not be longer than a period of time that constitutes speculative accumulation.

(12) Conditions unfavorable to the propagation of insects and rodents shall be maintained at a construction and demolition waste landfill by carrying out routine landfill operations promptly and systematically. Supplemental insect and rodent control measures shall be instituted when necessary.

(13) The entire site, including the fill surface, shall be sloped, graded, and provided with drainage facilities to accomplish all of the following purposes:

(a) Minimize run-off onto and into the fill.

(b) Prevent erosion or washing of the fill.

(d) Prevent the collection of standing water.

(14) Landfill operations shall be conducted in a manner that will not exceed the noise levels specified in R 299.4305(5). The solid waste control agency shall monitor noise levels using weighted decibel measurements, referenced to 20 micropascals, with a type of audio output meter approved by the United States bureau of standards.

(15) A licensee shall have the monitoring wells sampled and analyzed at least quarterly during the landfill's operation. Following the closure of the landfill, semiannual sampling and reporting are required during the 30-year postclosure period. Sampling, preservation, and analysis procedures shall be approved by the department. Analyses shall be submitted to the department within 30 days of the end of the calendar quarter, in a form and format specified by the department.

(16) A licensee shall remove leachate from a leachate collection sump as frequently as necessary to maintain less than 1 foot of liquid in the leachate collection and removal system and shall check the leachate collection sump at least monthly to assure compliance with this requirement.

(17) The collected leachate shall be disposed of in a manner that does not damage the environment. Disposal options may include conveying the leachate to a publicly owned treatment works upon written approval of the municipality that operates the treatment works or other facility permitted under part 31 of the act. This rule does not preclude the need for any other authorization that is required for the leachate disposal method selected.

**History**
- *History: 1982 AACS; 1993 AACS; 1999 AACS; 2005 AACS.*

##### **Mich. Admin. Code R 299.4316** Type III landfill operating requirements; daily and interim cover material at construction and demolition waste landfills {#sec-r-299.4316 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4316}

Rule 316. (1) A suitable cover material that is in compliance with the provisions of R 299.4429 shall be placed on all exposed solid waste at a construction and demolition waste landfill by the end of each working day, unless the director approves a variance from this requirement based on a demonstration by the owner or operator that controls on the type of waste received and operation of the landfill will adequately prevent fugitive dust, blowing litter, and other nuisances.

(2) One foot of compacted cover, which may include the 6-inch daily cover, shall be placed on the surface of any lift that will be exposed for a period of 3 months or more before additional lifts are constructed.

**History**
- *History: 1982 AACS; 1993 AACS.*

##### **Mich. Admin. Code R 299.4317** Type III landfill operating requirements; closure and postclosure care {#sec-r-299.4317 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4317}

Rule 317. (1) The owner or operator of a type III landfill shall place landfill cover materials that are described in R 299.4304 over the entire surface of each portion of the final lift not more than 6 months after the placement of solid waste within that portion.

(2) Erosion control measures shall be instituted during closure and throughout the postclosure period to minimize erosion of the final cover. The measures shall comply with part 91 of the act.

(3) Final cover depths shall be maintained for a period of 30 years after the final cover is certified in accordance with this rule.

(4) All final covered areas shall be seeded and stabilized as soon as practical after placement of final cover. Appropriate seed for the soil type, slope, and moisture condition shall be selected for this purpose. The owner or operator shall regularly inspect seeded areas during and after closure and shall take measures to assure that the vegetation is established and maintained.

**History**
- *History: 1993 AACS; 1999 AACS.*

##### **Mich. Admin. Code R 299.4318** Type III landfill operating requirements; groundwater monitoring {#sec-r-299.4318 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4318}

Rule 318. (1) The requirements of this rule apply to all type III landfill units, except as provided in subrule (2) of this rule.

(2) The director shall reduce or waive certain groundwater monitoring requirements of this rule if the owner or operator can demonstrate compliance with either of the following provisions:

(a) That there is no potential for migration of hazardous constituents from that type III unit to the uppermost aquifer during the active life of the unit and the 30-year post-closure care period. The demonstration shall be certified by a qualified groundwater scientist and approved by the director and shall be based upon both of the following:

(i) Site-specific field collected measurements, sampling, and analysis of physical, chemical, and biological processes that affect contaminant fate and transport.

(ii) Contaminant fate and transport predictions that maximize contaminant migration and consider impacts on human health and the environment.

(b) That a discharge to the uppermost aquifer will occur, but that such discharge is authorized and monitored under a permit issued pursuant to the provisions of part 31 of the act.

(3) Owners and operators of type III landfill units shall comply with the groundwater monitoring requirements of this rule before waste can be placed in the unit.

(4) Once established at a type III landfill unit, groundwater monitoring shall be conducted throughout the active life and 30-year post-closure care period of that unit.

(5) Groundwater monitoring is required at type III landfill units at all groundwater monitoring wells defined pursuant to the provisions of R 299.4906. At a minimum, a groundwater monitoring program for a type III landfill shall include monitoring for the following constituents:

(a) The primary inorganic indicators that are listed in the provisions of R 299.4450 or alternate indicators listed in the provisions of R 299.4451 quarterly during the active life of the facility and semiannually during the 30-year post-closure period, except as provided for in subrule (7) of this rule.

(b) The constituents that are listed in the provisions of R 299.4452, R 299.4453, and R 299.4454, annually during the active life of the facility and the 30-year post-closure period, except as provided in subrule (6) of this rule.

(6) The director shall delete any of the monitoring parameters specified in subrule (5) of this rule for a type III landfill unit if it can be shown that the removed constituents are not reasonably expected to be in or derived from the waste that is contained in the unit in significant concentrations. An owner or operator may demonstrate that a constituent is not expected to be in or derived from the waste in significant concentrations if 1 of the following conditions exists based on all available historical waste characterizations pursuant to the provisions of R 299.4118a or the historical analysis of leachate from not less than 2 samplings:

(a) The constituent and any breakdown products are not and have not been detected at practical quantitation limits approved by the director.

(b) The concentration of the constituent is below the background concentration of the constituent in groundwater.

(c) The concentration of the constituent is below the part 201 generic residential criteria contained in R 299.44 and R 299.46, and other constituents will serve as better indicators of leakage from the landfill unit.

(7) The owner and operator of a type III landfill may apply to the director for an appropriate alternative frequency for repeated sampling and analysis for constituents that are specified in subrule (5) of this rule during the active life, including closure, and the 30 year post-closure care period. The alternative frequency during the active life, including closure, shall be not less than semiannually. The alternative frequency shall be based on consideration of all of the following factors:

(a) Lithology of the aquifer and unsaturated zone.

(b) Hydraulic conductivity of the aquifer and unsaturated zone.

(d) Minimum distance of travel between waste and the closest downgradient monitoring well screen.

(e) The presence of an alternate monitoring system, such as a secondary collection system.

(8) A minimum of 4 independent samples from each background and downgradient well shall be collected and analyzed during the first sampling event. An alternate background collection schedule may be approved by the department. At least 1 sample from each background and downgradient well shall be collected and analyzed during subsequent sampling events.

(9) If the owner or operator determine, pursuant to a statistical test specified in R 299.4908, that there is a statistically significant increase over background for 1 or more of the constituents or indicators listed in subrule (5) of this rule at any monitoring well at or within the solid waste boundary, or at other monitoring locations required by the director, then the owner and operator shall do all of the following:

(a) Within 14 days of the determination, place a notice in the facility’s files that indicates which constituents have shown statistically significant increases from background levels and notify the director.

(b) Within 30 days of the determination, the owner and operator may demonstrate to the director that a source other than a landfill unit or other source at the facility caused the contamination, that the statistically significant increase resulted from error in sampling, analysis, statistical evaluation, or natural variation in groundwater quality, or that the increase is authorized by a permit that is issued pursuant to the provisions of part 31 of the act. A report that documents this demonstration shall be certified by a qualified groundwater scientist, be submitted to the director within 30 days of the determination and be placed in the facility’s files. If the director notifies the owner or operator that a successful demonstration has not been made, then within 15 days of the notification by the director the owner and operator shall submit a response action plan to the director as required in R 299.4319. If a successful demonstration is made and documented, the owner or operator shall do the following:

(i) Continue detection monitoring as specified in this rule.

(ii) Determine whether the presence of hazardous constituents in groundwater renders any new units or lateral extensions within the solid waste boundary unmonitorable. If so, the owner and operator shall develop a schedule for submitting revised engineering plans for such lateral extensions or new units that include a leak detection system. The owner or operator of an unmonitorable unit who installs a leak detection system to monitor the unit shall include in the hydrogeological monitoring plan provisions for monitoring the leak detection system in accordance with R 299.4437.

**History**
- *History: 1993 AACS; 2005 AACS; 2015 AACS.*

##### **Mich. Admin. Code R 299.4319** Type III landfill operation; response action plan {#sec-r-299.4319 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4319}

Rule 319. (1) The owner and operator of a type III landfill unit that is required to prepare a response action plan shall do all of the following:

(a) Identify possible sources of groundwater contamination.

(b) Identify interim response activities taken or to be taken to control possible sources of contamination.

(c) For a unit that the owner or operator determines is a probable source of contamination, develop and submit a schedule for terminating waste receipt, initiating closure, and redesigning and constructing new units to include a leak detection system or other means of monitoring the unit. If appropriate, the schedule shall be based on all of the following factors:

(i) The concentration of hazardous substances.

(ii) The rate of migration.

(iii) Risks to human health and the environment, including the proximity of drinking water supplies.

(iv) The practicality of initiating closure.

(v) The availability of other disposal locations.

(vi) Other relevant factors.

(2) The director shall approve or deny a response action plan within 60 days of submittal.

If the director denies a plan, then the director shall specify schedules for closure and interim response necessary to protect human health and the environment.

(3) If the concentrations of all constituents that are listed in R 299.4318(5), or other applicable hazardous substances, are shown to be at or below background values, using the statistical procedures in R 299.4908, for 2 consecutive sampling events, or other concentrations authorized pursuant to part 201 of the act, then the owner and operator shall notify the director of this finding and may suspend actions under the response action plan.

(4) As part of a response action plan for a type III landfill, the owner or operator shall do both of the following:

(a) Establish groundwater protection standards for all constituents that are determined to be above background in accordance with part 201 of the act.

(b) If necessary, initiate a remedial investigation pursuant to part 201 of the act.

(5) If the concentration of any constituent listed in R 299.4318(5) or other applicable hazardous substance is above background, but all concentrations are below the appropriate cleanup criteria for groundwater established by the department pursuant to section 20120a(1)(a) of the act, then the owner and operator shall do all of the following:

(a) Continue response actions to control the source of contamination.

(b) Continue groundwater monitoring in accordance with R 299.4318.

(d) If the sampling of wells indicates that hazardous substances have migrated off-site, notify all persons who own the land or reside on the land that directly overlies any part of the impacted area.

(6) If 1 or more hazardous substances are detected at statistically significant levels and are above the appropriate cleanup criteria for groundwater established by the department pursuant to section 20120a of the act in any sampling event, then the owner or operator shall do all of the following:

(a) Continue response actions to control the source of contamination.

(b) Continue groundwater monitoring in accordance with the provisions of R 299.4318.

(e) Initiate a feasibility study, as specified in part 201 of the act. The feasibility study shall be completed within a reasonable period of time approved by the director.

(7) Based on the results of the feasibility study, the owner and operator shall propose to the director a remedial action plan which is in compliance with the provisions of part 201 of the act.

PART 4. MUNICIPAL SOLID WASTE LANDFILLS

**History**
- *History: 1993 AACS; 2005 AACS.*

##### **Mich. Admin. Code R 299.4401** Rescinded {#sec-r-299.4401 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4401}

**History**
- *History: 1982 AACS; 1993 AACS.*

##### **Mich. Admin. Code R 299.4402** Rescinded {#sec-r-299.4402 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4402}

**History**
- *History: 1982 AACS; 1993 AACS.*

##### **Mich. Admin. Code R 299.4403** Rescinded {#sec-r-299.4403 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4403}

**History**
- *History: 1982 AACS; 1993 AACS.*

##### **Mich. Admin. Code R 299.4404** Rescinded {#sec-r-299.4404 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4404}

**History**
- *History: 1982 AACS; 1993 AACS.*

##### **Mich. Admin. Code R 299.4405** Rescinded {#sec-r-299.4405 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4405}

**History**
- *History: 1982 AACS; 1993 AACS.*

##### **Mich. Admin. Code R 299.4406** Rescinded {#sec-r-299.4406 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4406}

**History**
- *History: 1982 AACS; 1993 AACS.*

##### **Mich. Admin. Code R 299.4407** Rescinded {#sec-r-299.4407 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4407}

**History**
- *History: 1982 AACS; 1993 AACS.*

##### **Mich. Admin. Code R 299.4408** Rescinded {#sec-r-299.4408 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4408}

**History**
- *History: 1982 AACS; 1993 AACS.*

##### **Mich. Admin. Code R 299.4409** Definitions {#sec-r-299.4409 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4409}

Rule 409. As used in this part:

(a) "Airport" means a public-use airport that is open to the public without prior permission and without restrictions within the physical capacities of available facilities.

(b) "Appendix II constituents" or "constituents listed in appendix II" means the constituents listed in the provisions of 40 C.F.R. part 258, appendix II. The provisions of 40 C.F.R. part 258, appendix II, are adopted by reference in R 299.4134.

(c) "Areas susceptible to mass movement" means those areas that are characterized as having an active or substantial possibility of mass movement where the movement of earth material at, beneath, or adjacent to the landfill unit, because of natural or man-induced events, results in the downslope transport of soil and rock material by means of gravitational influence. Areas of mass movement include any of the following:

(i) Landslides.

(ii) Avalanches.

(iii) Debris.

(iv) Slides and flows.

(v) Soil fluctuation.

(vi) Block sliding.

(vii) Rock fall.

(d) "Bird hazard" means an increase in the likelihood of bird/aircraft collisions that may cause damage to the aircraft or injury to its occupants.

(e) "Displacement" means the relative movement of any 2 sides of a fault measured in any direction.

(f) "Fault" means a fracture or a zone of fractures in any material along which strata on one side have been displaced with respect to that on the other side.

(g) "Federal clean water act" means Public Law 92-500, 33 U.S.C. S1251 et seq.

(h) "Federal endangered species act" means Public Law 93-205, 87 U.S.C.

S884 et seq.

(i) "Federal marine protection, research and sanctuary act of 1972" means Public Law 92-532, 16 U.S.C. S1431 et seq., as amended.

(j) "Gas condensate" means the liquid that is generated as a result of a gas recovery process at a type II landfill unit.

(k) "Holocene" means the most recent epoch of the quaternary period that extends from the end of the pleistocene epoch to the present.

(l) "Karst terranes" means areas where karst topography, with its characteristic surface and subterranean features, is developed as the result of the dissolution of limestone, dolomite, or other soluble rock.

Characteristic physiographic features present in karst terranes include all of the following:

(i) Sinkholes.

(ii) Sinking streams.

(iii) Caves.

(iv) Large springs.

(v) Blind valleys.

(m) "Lithified earth material" means all rock and includes all naturally occurring and naturally formed aggregates or masses of minerals or small particles of older rock that formed by the crystallization of magma or by the induration of loose sediments. This term does not include man-made materials, such as fill, concrete, and asphalt, or unconsolidated earth materials, soil, or regolith that lies at or near the earth's surface.

(n) "Lower explosive limit" means the lowest percent by volume of a mixture of explosive gases in air that will propagate a flame at 25 degrees Celsius and atmospheric pressure.

(o) "Maximum horizontal acceleration in lithified earth material" means the maximum expected horizontal acceleration that is depicted on a seismic hazard map, with a 90% or greater probability that the acceleration will not be exceeded in 250 years, or the maximum expected horizontal acceleration based on a site-specific seismic risk assessment.

(p) "Poor foundation conditions" means those areas where features exist which indicate that a natural or man-induced event may result in inadequate foundation support of the structural components of a type II landfill.

(q) "Seismic impact zone" means an area for which there is a 10% or greater probability that the maximum horizontal acceleration in lithified earth material, expressed as a percentage of the earth's gravitational pull, will be more than 0.10G in 250 years.

(r) "Structural components" means liners, leachate collection systems, final covers, runon and runoff systems, and any other component which is used in the construction and operation of a type II landfill and which is necessary for the protection of human health and the environment.

(s) "Unstable area" means a location that is susceptible to natural or human-induced events or forces which are capable of impairing the integrity of some or all of the landfill structural components that are responsible for preventing releases from a landfill. Unstable areas can include poor foundation conditions, areas that are susceptible to mass movements, and karst terranes.

(t) "Washout" means the carrying away of solid waste by waters of the base flood.

**History**
- *History: 1993 AACS.*

##### **Mich. Admin. Code R 299.4410** Type II landfill; purpose, scope, and applicability {#sec-r-299.4410 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4410}

Rule 410. (1) The purpose of this part is to establish rules under the act for all municipal solid waste landfill units. Municipal solid waste landfills shall generally be referred to as type II landfills for purposes of this part. These rules ensure the protection of human health and the environment.

(2) The rules of this part apply to owners and operators of new type II landfill units, existing type II landfill units and lateral extensions of existing units, and preexisting type II landfill units, except as otherwise specifically provided in this part. All other solid waste disposal areas and practices that are not regulated under part 111 of this act are subject to the rules contained in parts 1, 3, and 5 of these rules.

(3) The rules of this part do not apply to type II landfill units which have not been issued a construction permit or operating license under the act and which did not receive waste after October 9, 1991.

(4) Type II landfill units which received waste after October 9, 1991, but which stopped receiving waste before October 9, 1993, are exempt from all of the design requirements of this part, except the final cover requirement specified in R 299.4425. The final cover shall be installed within 6 months of the last receipt of wastes. An owner or operator of a type II landfill unit described in this subrule who fails to complete cover installation within the 6month period shall be subject to all of the requirements of this part, unless otherwise specified.

(5) All type II landfill units that receive waste on or after October 9, 1993, shall be in compliance with all of the requirements of this part unless otherwise specified.

(6) An Owner or operator of A new type II landfill unit, existing type II landfill unit, or lateral extension of an existing unit that disposes of less than 20 tons of municipal solid waste daily, based on an annual average, is exempt from the design requirements of this part if there is no evidence of existing groundwater contamination from the type II landfill unit or lateral expansion if the type II landfill unit serves a community that experiences an annual interruption of not less than 3 consecutive months of surface transportation that prevents access to a regional waste management facility and if both of the following conditions are met:

(a) The owner or operator of a new type II landfill unit, existing type II landfill unit, or lateral extension of an existing unit that meets the criteria shall demonstrate to the director that the criteria have been met and shall place documentation in the operating record that evidences compliance with the criteria.

(b) The owner or operator of a new unit, existing unit, or lateral extension of an existing unit comply with the design requirements for type III landfills specified in R 299.4307.

(7) If the owner or operator of a new type II landfill unit, existing type II landfill unit, or lateral extension of an existing unit has knowledge of groundwater contamination that results from the unit or expansion, then the owner or operator shall notify the director of the contamination and, thereafter, comply with all of the requirements of this part.

(8) A type II landfill unit that does not satisfy the rules of this part is considered an open dump for purposes of the act and these rules and is prohibited.

**History**
- *History: 1993 AACS; 1999 AACS.*

##### **Mich. Admin. Code R 299.4411** Type II landfill location restrictions; groundwater isolation {#sec-r-299.4411 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4411}

Rule 411. (1) The requirements of this rule apply to new disposal areas and all units at an existing disposal area that are or have been licensed under the act, including closed units.

(2) A type II landfill shall maintain the following permanent minimum clearances from the top of the primary liner:

(a) Ten feet to natural groundwater level.

(b) Seven feet to a permanently depressed groundwater level.

(3) Gravity interception of groundwater to control groundwater level may be utilized. The pumping of groundwater to control the groundwater level is not considered permanent and shall not be utilized.

(4) The requirements of this rule do not apply to groundwater which is not capable of yielding significant quantities of water that is not an aquifer and which is located above natural soil that is in compliance with the requirements of R 299.4912, if all of the following conditions are met:

(a) The liner system of the landfill extends into the clay or soil barrier.

(b) Where feasible, gravity dewatering of the clay surface is employed.

(c) The design includes a soil dike which is 10 feet wide, which is in compliance with the specifications of R 299.4913, and which is keyed into the lower confining layer.

**History**
- *History: 1993 AACS; 1999 AACS.*

##### **Mich. Admin. Code R 299.4412** Type II landfill location restrictions; horizontal isolation distances {#sec-r-299.4412 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4412}

Rule 412. (1) The requirements of this rule apply to type II landfills that are new disposal areas.

(2) A type II landfill shall be located and designed to ensure that the isolation distance between the active work area of the landfill and adjacent property is adequate to prevent the creation of nuisance conditions due to any of the following:

(a) Noise in excess of the levels specified in R 299.4431.

(b) Blowing papers.

(d) Odor.

(e) Vectors.

(f) Pest animals.

(g) Equipment vibration.

(3) An applicant for a type II landfill construction permit shall submit a management plan for controlling nuisance conditions and their impact on adjoining land uses. The plan shall include recommended isolation distances to prevent nuisances based on the environmental assessment submitted under R 299.4903. However, the director shall require greater isolation distances from adjacent property lines if the director determines that greater isolation is necessary to meet the performance standards of these rules.

(4) The active work area at the facility shall not be located closer than 100 feet to adjacent property lines or road rights-of-way or closer than 300 feet to domiciles that exist at the time an advisory analysis is requested. In addition, the approval of an isolation distance that is less than 200 feet from adjacent property lines or road rights-of-way requires the existence of a berm which is not less than 8 feet high, which has a 4-foot fence on top, and which is constructed around the perimeter of the active work area or the existence of natural screening that offers equivalent protection.

(5) The active work area of a type II landfill shall not be located within the following distances of surface waters:

(a) Within 400 feet of inland lakes and streams, as defined in part 301 of the act, but not including drains, as defined by 1956 PA 40, MCL 280.1. The distance is equivalent to that isolation distance required from natural rivers by part 305 of the act.

(b) Within 2,000 feet of the Great Lakes or Lake St. Clair.

(6) The active work area of a type II landfill shall not be located within the isolation area of a wellhead which is used as a domestic or public water supply, as defined in Act 399, and which is in existence at the time an advisory analysis is requested for the disposal area under section 11510 of the act. Except as provided in subrule (7) of this rule, the isolation area shall be as follows:

(a) The active work area shall be a minimum of 2,000 feet from wells that serve type I and type IIa water supplies, as defined in R 325.10502.

(b) The active work area shall be a minimum distance of 800 feet from wells that serve type IIb and type III public water supplies, as defined in R 325.10502, and from off-site domestic wells. The 800-foot isolation distance to off-site domestic wells does not apply when the domestic well is located on property owned by the facility, provided that adequate monitoring of the domestic well is required by the facility’s hydrogeological monitoring plan or an appendix to that plan. This well shall not be removed from the facility’s hydrogeological monitoring plan without department approval.

(7) The director shall require an increase or approve a decrease in the isolation area to a public water supply based on the hydrogeological report and Act 399.

(8) The requirements of this rule do not apply to type II landfills that are new disposal areas located within the footprint of the existing disposal areas.

**History**
- *History: 1993 AACS; 1999 AACS; 2005 AACS.*

##### **Mich. Admin. Code R 299.4413** Type II landfill location restrictions; sensitive areas {#sec-r-299.4413 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4413}

Rule 413. (1) The requirements of this rule apply to type II landfills that are new disposal areas.

(2) A type II landfill shall not be located within either of the following sensitive areas:

(a) A critical dune area that is designated under part 353 of the act.

(b) A high-risk erosion area or environmental area that is designated under part 323 of the act.

(3) A type II landfill shall not be located in a manner that alters or destroys a property which is listed, or is eligible for listing, on the Michigan or national register of historic places.

(4) A type II landfill shall not be located within the range of a threatened or endangered species that is identified under part 365 of the act, unless the applicant demonstrates that the landfill will not have an adverse effect on the threatened or endangered species.

**History**
- *History: 1993 AACS; 1999 AACS.*

##### **Mich. Admin. Code R 299.4414** Type II landfill location restrictions; airport safety {#sec-r-299.4414 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4414}

Rule 414. (1) Owners and operators of new type II landfill units, existing type II landfill units, and lateral extensions of existing units which are located within 10,000 feet of any airport runway and which are used by turbojet aircraft or within 5,000 feet of any airport runway end which is used by only piston-type aircraft shall demonstrate that the units are designed and operated so that the type II landfill unit does not pose a bird hazard to aircraft.

(2) Owners or operators who propose to site new type II landfill units and lateral extensions of existing units within a 5-mile radius of any airport runway end that is used by turbojet or piston-type aircraft shall notify the affected airport and the federal aviation administration.

(3) The owner or operator of an existing disposal area shall place documentation of the demonstration required pursuant to the provisions of subrule (1) of this rule in the operating record and notify the director that it has been placed in the operating record.

(4) The owner or operator of a new disposal area shall present the demonstration required pursuant to the provisions of subrule (1) of this rule in the construction permit application.

**History**
- *History: 1993 AACS.*

##### **Mich. Admin. Code R 299.4415** Type II landfill location restrictions; floodplains {#sec-r-299.4415 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4415}

Rule 415. (1) An owner and operator of A new type II landfill unit, existing landfill unit, or lateral extension of an existing unit that is located within a floodplain shall demonstrate all of the following:

(a) The unit will not restrict the flow of the 100-year flood.

(b) The unit will not reduce the temporary water storage capacity of the floodplain.

(d) The unit does not encroach upon the floodway and will not increase upstream or downstream flood stages.

(e) The unit has a natural or compacted soil base which is not less than 10 feet thick and which is in compliance with the criteria specified in R 299.4912.

(f) The distance from the normal water line of the water body to the solid waste boundary of the landfill will not be less than 500 feet.

(g) The design of the landfill will include a dike to preclude floodwater inundation with a top elevation that is not less than 5 feet above the 100-year flood elevation.

(2) The owner and operator of a new disposal area that is proposed in a floodplain shall obtain a permit under part 31 of the act and shall substantiate the need for the disposal area through an environmental assessment which considers alternatives and which assures that all potentially negative impacts can be mitigated.

**History**
- *History: 1993 AACS; 1999 AACS.*

##### **Mich. Admin. Code R 299.4416** Type II landfill location restrictions; wetlands {#sec-r-299.4416 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4416}

Rule 416. A new type II landfill unit and a lateral extension of an existing unit shall not be located in wetlands, unless the owner and operator can demonstrate all of the following to the director:

(a) The owner or operator has obtained a permit under part 303 of the act and, to the extent required under part 303 of the act, has demonstrated that a practicable alternative to the proposed landfill that does not involve wetlands is not available.

(b) Construction and operation of the type II landfill unit will not do any of the following:

(i) Cause or contribute to violations of any applicable state water quality standard.

(ii) Violate any applicable toxic effluent standard or prohibition under section 307 of the federal clean water act.

(iii) Jeopardize the continued existence of endangered or threatened species, or result in the destruction or adverse modification of a critical habitat, that is protected under the federal endangered species act of 1973.

(iv) Violate any requirement under the federal marine protection, research, and sanctuaries act of 1972 for the protection of a marine sanctuary.

(c) The type II landfill unit shall not cause or contribute to a significant degradation of wetlands. The owner or operator shall demonstrate the integrity of the type II landfill unit and its ability to protect ecological resources by addressing all of the following factors:

(i) Erosion, stability, and migration potential of native wetland soils, muds, and deposits that are used to support the unit.

(ii) Erosion, stability, and migration potential of dredged and fill materials that are used to support the unit.

(iii) The volume and chemical nature of the waste that is managed in the unit.

(iv) Impacts on fish, wildlife, and other aquatic resources and their habitat from release of the solid waste.

(v) The potential effects of a catastrophic release of waste to the wetland and the resulting impacts on the environment.

(vi) Any additional factors, as necessary, to demonstrate that ecological resources in the wetland are sufficiently protected.

(d) To the extent required under part 303 of the act, that steps have been taken to attempt to achieve no net loss of wetlands, as defined by acreage and function, by first avoiding impacts to wetlands to the maximum extent practicable as required by subdivision (b) of this rule, then minimizing unavoidable impacts to the maximum extent practicable, and finally offsetting remaining unavoidable wetland impacts through all appropriate and practicable compensatory mitigation actions, such as the restoration of existing degraded wetlands or creation of manmade wetlands.

(e) Sufficient information is available to make a reasonable determination with respect to the demonstrations specified in subdivisions (a) to (d) of this rule.

**History**
- *History: 1993 AACS; 1999 AACS.*

##### **Mich. Admin. Code R 299.4417** Type II landfill location restrictions; fault areas and seismic impact zones {#sec-r-299.4417 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4417}

Rule 417. (1) New type II landfill units and lateral extensions of existing units shall not be located within 200 feet of a fault that has had displacement in holocene time, unless the owner or operator demonstrates to the director that an alternative setback distance of less than 200 feet will prevent damage to the structural integrity of the unit and will be protective of human health and the environment.

(2) New type II landfill units and lateral extensions of existing units shall not be located in seismic impact zones, unless the owner or operator demonstrates to the director that all containment structures, including liners, leachate collection systems, and surface water control systems, are designed to resist the maximum horizontal acceleration in lithified earth material for the site.

(3) The owner or operator of an existing disposal area shall record the demonstrations specified in subrules (1) and (2) of this rule, as applicable, in the operating record and notify the director that the demonstrations have been recorded in the operating record.

(4) The owner and operator of a new disposal area shall include the demonstrations required by this rule in the construction permit application.

**History**
- *History: 1993 AACS.*

##### **Mich. Admin. Code R 299.4418** Type II landfill location restrictions; unstable areas {#sec-r-299.4418 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4418}

Rule 418. (1) Owners or operators of new units, existing units, and lateral extensions of existing units that are located in an unstable area shall demonstrate that engineering measures have been incorporated into a unit's design to ensure that the integrity of the structural components of the unit will not be disrupted.

(2) An unstable area includes any of the following areas:

(a) An area that is unstable due to the presence of active or inactive karst formations.

(b) An area that is unstable due to the presence of sinkholes that are created by oil and gas drilling or other activities.

(c) An area that is susceptible to mass movement where the downslope movement of soil under gravitational influence occurs.

(d) An area where the groundwater level renders soils in an excavation unstable, unless the application provides engineering controls to prevent such instability.

(e) An area that is otherwise susceptible to natural or human-induced events or forces that are capable of impairing the integrity of some or all of the landfill structural components which are responsible for preventing releases from a landfill.

(3) The owner and operator shall consider all of the following factors, at a minimum, when determining whether an area is unstable:

(a) On-site or local soil conditions that may result in significant differential settlement.

(b) On-site or local geologic or geomorphologic features.

(4) The owner or operator of an existing disposal area shall record the demonstration specified in subrule (1) of this rule in the operating record and notify the director that it has been recorded in an operating record.

(5) The owner or operator of a new disposal area shall include the demonstration required in subrule (1) of this rule in the construction permit application for the area.

**History**
- *History: 1993 AACS.*

##### **Mich. Admin. Code R 299.4419** Type II landfill location restrictions; closure of existing units; vertical expansions of existing units {#sec-r-299.4419 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4419}

Rule 419. (1) Existing units that cannot make the demonstrations specified in R 299.4414 pertaining to airports, R 299.4415 pertaining to floodplains, or R 299.4418 pertaining to unstable areas shall close by October 9, 1996, in accordance with R 299.4448 and conduct postclosure activities in accordance with R 299.4449. The deadline for closure required by this rule may be extended up to 2 years if the owner or operator demonstrates both of the following to the director:

(a) There is no alternative disposal capacity.

(b) There is no immediate threat to human health or the environment.

(2) An owner or operator of an existing unit or a preexisting unit that can make the demonstration specified in subrule (1) of this rule may apply for a construction permit for the vertical expansion of the unit if the applicant demonstrates compliance with subrule (5) of this rule.

(3) The director shall approve the vertical expansion of a unit that is in compliance with R 299.4421(1) and (2).

(4) The director shall not approve a vertical expansion of a type II landfill unit that does not comply with R 299.4421(1) and (2), except in either of the following cases:

(a) The unit contains 2 or more liners and has a leak detection system between the liners and a leachate collection system capable of limiting the head on the primary liner, excluding the sump, to less than 1 foot.

(b) The overfill is constructed with a composite liner system that drains leachate from the overfill to a unit which is in compliance with R 299.4421 (1) and (2), and both of the following conditions are met:

(i) The overfilling only occurs over the portion of the existing unit that has slopes of more than 10%, unless either of the following conditions applies:

(A) The existing unit has slopes of more than 4% and the director determines that little or no settlement will occur in the existing unit based on waste thickness, age, degree of compaction, and other factors.

(B) Inert material is used as a wedge to create adequate slopes. Alternatively, the director shall approve the use of low-hazard industrial waste if the liner system of the unit is equivalent to the design required in part 3 of these rules.

(ii) For unmonitorable units, the overfill contains a leak detection system that is in compliance with the leakage control criteria contained in R 299.4422(3).

(5) The director shall approve the vertical expansion of a unit that meets the liner requirements of this rule if the applicant demonstrates that all of the following conditions are met:

(i) The unit is stable and has a foundation, liner system, and leachate collection system that can support the overburden pressure.

(ii) Leachate collection pipes in the unit will maintain a bottom slope of 0.5% or more, toward the sump, after consolidation settlement.

(iii) The applicant submits plans for final cover that are in compliance with the final cover requirements specified in R 299.4425.

(iv) The application is otherwise in compliance with the act and these rules and does not conflict with any remedial action at the facility.

**History**
- *History: 1993 AACS; 1999 AACS.*

##### **Mich. Admin. Code R 299.4420** Type II landfill design standards; municipal solid waste incinerator ash landfills {#sec-r-299.4420 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4420}

Rule 420. (1) A new unit and a lateral extension of an existing unit at a type II landfill unit that accepts municipal solid waste incinerator ash shall be designed and constructed in accordance with section 11542 of the act, except that a municipal incinerator ash landfill that is an unmonitorable unit shall have a secondary leachate collection system and a flexible membrane liner as part of the secondary liner system.

(2) An existing unit, new unit, and lateral extension of an existing unit at a landfill that accepts municipal solid waste incinerator ash shall be closed with a final cover that is in compliance with section 11542 of the act. Grades of the final cover shall be in compliance with R 299.4425.

(3) An owner and operator of a new unit and a lateral extension of an existing unit at a municipal solid waste incinerator ash landfill shall ensure that all of the following requirements are complied with:

(a) Leachate collection systems that are required by section 11542 of the act are in compliance with R 299.4423.

(b) Secondary leachate collection or leak detection systems that are required by section 11542 of the act are in compliance with R 299.4424.

(d) Flexible membrane liners that are required by section 11542 of the act are in compliance with R 299.4915.

(4) The director shall approve a process to substantially diminish the toxicity of municipal solid waste incinerator ash or the leachability of the ash, instead of disposal that is required under section 11542(1) of the act, if the applicant for such a process demonstrates all of the following:

(a) That, during storage or processing, ash will be contained within a tank, container, or waste pile that is in compliance with R 299.4130.

(b) The process does not in any way dilute ash constituents as a substitute for adequate treatment.

(d) The process will not produce fugitive dust or other emissions in violation of part 55 of the act.

(e) The waste is tested after processing in accordance with the testing protocol of subrule (5) of this rule.

(5) Municipal solid waste incinerator ash that is processed under section 11542 of the act shall be tested in accordance with the protocol specified in R 299.4118a on a frequency that is adequate to ensure that the criteria specified in subrules (6) and (7) of this rule are met. The applicant shall propose a leaching procedure to simulate native conditions in addition to the leaching procedure specified in R 299.4118a.

(6) The director shall approve processed municipal solid waste incinerator ash for recycling or reuse if the processed ash is in compliance with the criteria for inert material that are specified in section 11504(2).

(7) The director shall approve processed municipal solid waste incinerator ash for disposal in a type II landfill if the processed ash is in compliance with both of the following provisions:

(a) The ash does not leach constituents in concentrations greater than the toxicity characteristic specified in R 299.9217 based on leaching tests under both acidic and native conditions.

(b) Does not cause any emission that results in a violation of part 55 of the act or otherwise causes unacceptable risks to human health or the environment.

**History**
- *History: 1993 AACS; 1999 AACS; 2015 AACS.*

##### **Mich. Admin. Code R 299.4421** Type II landfill design standards; liner systems for new units and lateral extensions of existing units {#sec-r-299.4421 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4421}

Rule 421. (1) All new units and lateral extensions of existing units at a type II landfill shall be constructed with a composite liner and a leachate collection system that is designed and constructed to maintain less than a 1-foot depth of leachate over the liner, excluding the sump. To maintain less than a 1-foot depth of leachate over the liner, leachate collection systems for these units shall be designed and constructed in compliance with the provisions of R 299.4423.

(2) All new units and lateral extensions of existing units that are unmonitorable units shall contain a leak detection system which is in compliance with the provisions of R 299.4424.

(3) Type II landfill units that are either of the following shall be located or designed in accordance with the leakage control criteria of R 299.4422 so that the risks associated with any leakage through the composite liner required by subrule (1) of this rule are minimized:

(a) New disposal areas. Owners and operators of new disposal areas shall demonstrate compliance as part of a construction permit application.

(b) New units and lateral extensions at existing disposal areas that have not received waste before October 9, 1995. New units and lateral extensions of existing units shall not be subject to the standards of R 299.4422 if a complete operating license application is submitted 90 days before October 9, 1995.

(4) The slope of a liner system shall not be more than 1 vertical to 3 horizontal or that necessary to ensure side slope stability. The director shall approve steeper side slopes than 1 to 3 if the owner or operator demonstrates that side slope stability will be maintained.

(5) The upgrading of an existing disposal area in accordance with the provisions of subrules (1) and (2) of this rule does not require department approval. Construction of the landfill shall be certified in accordance with the provisions of R 299.4921 and the certification shall be submitted with as-built plans with the operating license application for the upgraded units.

**History**
- *History: 1993 AACS.*

##### **Mich. Admin. Code R 299.4422** Type II landfill design standards; leakage control criteria {#sec-r-299.4422 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4422}

Rule 422. (1) A landfill unit that is subject to the requirements of this rule shall be located, designed, and constructed so that the risks posed by leakage through the composite liner required by R 299.4421(1) are minimized. To do so, a landfill unit shall be either of the following:

(a) A monitorable unit which is located over a natural soil barrier and which is in compliance with subrule (2) of this rule so as to restrict the migration of leakage from the unit.

(b) Designed with a double liner system which is in compliance with subrule (3) of this rule and which is capable of detecting and collecting leakage through the primary composite liner.

(2) To meet the leakage control criteria of this rule, a type II landfill unit that is a monitorable unit may, in addition to the composite liner required in R 299.4421, be located over a natural soil barrier that is sufficient to prevent the migration of leakage from the unit to the uppermost aquifer, for as long as use of the site is restricted under section 11518 of the act, in the event of a failure of the composite liner. Any of the following geologic conditions shall be in compliance with location criteria if verified in accordance with the provisions of R 299.4912:

(a) A natural soil barrier that has a maximum demonstrated permeability of 1.0 x 10-7 cm/sec.

(b) A natural soil barrier that has a thickness and permeability that is sufficient to prevent the migration of leakage from the unit to the uppermost aquifer for that time period (TP) specified in section 11518 of the act. An owner or operator may demonstrate the sufficiency of the natural soil barrier by showing that the time of travel (TOT) through the natural soil barrier is as follows:

TOT > (t) n/(k) where: TOT = TP specified in section 11518 of the act t = thickness of low permeability soil above the uppermost aquifer k = maximum permeability of soil n = soil porosity = 0.5, assuming total porosity equals effective porosity, unless demonstrated otherwise.

(c) A natural soil barrier underlain by an uppermost aquifer that is sufficiently artesian to prevent the vertical migration of contaminants from the site to the uppermost aquifer by advection or dispersion. An owner or operator utilizing such a design shall demonstrate that sufficient controls exist to maintain artesian conditions for that period after closure specified by section 11518 of the act.

(d) Any combination of hydrogeology and innovative design that minimizes the risk of leakage through the primary composite liner at least as effectively as the conditions specified in subdivision (a), (b), or (c) of this subrule.

(3) To meet the leakage control criteria of this rule, a type II landfill unit may contain a double liner system or equivalent system that is capable of detecting leakage through the primary liner. A double liner system shall consist of all of the following components:

(a) A primary composite liner. For monitorable units that have a secondary composite liner, the soil component of the primary liner is optional on the portion of the side slope that is both of the following:

(i) Of a slope greater than or equal to 20%.

(ii) At a vertical elevation not less than 5 feet above the bottom of the side slope.

(b) A secondary collection system or leak detection system which is located immediately below the primary composite liner and which is in compliance with the requirements of R 299.4424.

(i) A composite liner that uses, in place of compacted soil, a natural soil barrier which has an equivalent combination of permeability and thickness as 2 feet of 1.0 x 10-7 cm/sec compacted soil.

(ii) A natural soil barrier underlain by an uppermost aquifer that is sufficiently artesian to prevent the vertical migration of contaminants from the site to the uppermost aquifer by advection or dispersion. An owner or operator utilizing such a design shall demonstrate that sufficient controls exist to maintain artesian conditions for that period after closure specified by section 11518 of the act.

(iii) An alternate system which is approved by the director and which prevents the migration of hazardous substances at least as effectively as the other options specified in this subrule.

(4) Existing disposal areas that permit natural soil barriers in place of liners shall be deemed to be in compliance with the location criteria specified in subrule (2) of this rule if the owner and operator verify the presence of such soil in accordance with existing permits and licenses. Owners and operators of existing disposal areas that were not previously permitted as natural clay sites may demonstrate compliance with either the location criteria specified in subrule (2) of this rule or the design criteria specified in subrule (3) of this rule.

Owners and operators shall submit certification that demonstrates compliance in accordance with R 299.4912 and R 299.4921 with the operating license application for the unit. An owner or operator may, at the owner's or operator's discretion, submit either the information specified in R 299.4912 or revised engineering plans to the solid waste control agency before or during construction of the unit. The solid waste control agency shall approve or deny the plans within 90 days of submittal.

**History**
- *History: 1993 AACS; 1999 AACS.*

##### **Mich. Admin. Code R 299.4423** Type II landfill design standards; leachate collection and removal systems {#sec-r-299.4423 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4423}

Rule 423. (1) All new units and lateral extensions of existing units at a type II landfill shall have a leachate collection system that is designed and constructed to maintain less than a 1-foot depth of leachate over the primary liner. To do so, the system shall be designed to do all of the following :

(a) Limit the head at any point in the system, excluding the sump, to not more than 1 foot using the design criteria specified in this rule or alternate criteria demonstrated under subrule (5) of this rule.

(b) Extend across the entire bottom of the system.

(c) Be chemically resistant to the waste that is managed in the landfill and the leachate that is expected to be generated and be of sufficient strength and thickness to prevent collapse under the pressures that are exerted by overlying wastes, waste cover materials, and equipment that is used at the landfill.

(d) Minimize clogging during the active life and postclosure care period.

(e) Drain leachate to sumps using pumps that are of a sufficient size to collect and remove liquids from the sump and prevent liquids from backing up into the drainage layer. Each unit shall have its own sump. The design of each sump and removal system shall provide a method for measuring and recording the volume of liquids removed and the depth of leachate in the sump.

(2) Except as provided in subrule (5) of this rule, a leachate collection system shall consist of a soil drainage layer that is designed to the following requirements:

(a) Is a minimum of 1 foot thick and has a hydraulic conductivity equal to or greater than either of the following:

(i) 1.0 x 10-2 centimeters per second.

(ii) 1.0 X 10-3 centimeters per second, if used in conjunction with a geonet or other synthetic drainage material that has a hydraulic conductivity of 1 centimeter per second.

(b) Is free of any organic material and has less than 5% of the material, by weight, pass the Number 200 sieve.

(c) Is placed on a minimum slope of 2% in directions perpendicular to perforated pipes to promote drainage and prevent ponding above the liner.

(d) Is used in conjunction with perforated pipes that are in compliance with the subrule (3) of this rule.

(e) Is free of angular stones or other debris that may puncture, tear, or otherwise damage any flexible membrane liner adjacent to the drainage layer, unless a geosynthetic is provided over the liner to prevent such puncture.

(f) Is capable of preventing puncture of the liner by waste. To do so, the owner or operator may do any of the following:

(i) Increase the thickness to 2 feet using soil that has a hydraulic conductivity of at least 1.0 x 10-4 cm/sec.

(ii) Install a geosynthetic designed to prevent puncture of the liner.

(iii) Limit the type of waste received in the first 5 feet of the unit.

(3) Except as provided in subrule (5) of this rule, a leachate collection system shall include perforated pipes to aid in drainage. The pipes shall be designed to meet all of the following requirements:

(a) Have a wall thickness that is sufficient to withstand overburden pressures.

(b) Have a diameter that is sufficient to withstand the maximum design flow.

(c) A slope of 1% or more in a direction to intercept liquid flow. In addition, an applicant for a new disposal area shall demonstrate that the bottom slope will be 1% or more after consolidation settlement, except as provided for vertical expansions of a unit in R 299.4419.

(d) Be constructed with sufficient manholes and cleanout risers to allow for the cleaning and maintenance of pipes.

(e) Be spaced not more than 50 feet from the high point of the drainage layer. Perforated pipes may be spaced at greater distances, based on a demonstration under subrule (5) of this rule.

(4) All leachate collection systems shall include a filter layer, if necessary, to prevent clogging. A filter layer shall consist of 1 or both of the following:

(a) A graded, cohesionless soil filter which does not have more than 5%, by weight, that passes the no. 200 sieve and which does not permit the passage of soil particles that are more than 3 inches in any dimension.

(b) A geotextile filter that has both of the following:

(i) A hydraulic conductivity, as determined by ASTM D4491, that is capable of passing the projected inflow.

(ii) An apparent opening size that is in compliance with both of the following criteria:

(A) O of the geotextile divided by d of the soil is less than 2, where the O is the apparent opening size of the geotextile at which 5% or less of the soil particles will pass and where the d is the soil particle size at which 85% of the sample is finer.

(B) The opening is designed to minimize the influence of retained particles on the permitivity of the geotextile.

(5) The owner and operator of a type II landfill may propose the use of an alternative drainage system design for a primary leachate collection system if the owner and operator can demonstrate, using mounding calculations and data on liner slope, drainage layer permeability, and flow length, that the alternative system will limit the head on the liner to the same extent as the design specified in subrule (3) of this rule and protect the liner system from waste, ultraviolet light, and other deleterious effects.

(6) A new unit and lateral extension of an existing unit at a type II landfill shall have a system for storing leachate outside the active portion if necessary to maintain compliance with the leachate depth requirements of R 299.4432(1). Tanks that are used to store leachate shall be in compliance with the technical standards of 40 C.F.R. §264.193. Surface impoundments, if used, shall be in compliance with the technical standards of 40 C.F.R.§264.221 and shall be operated in a manner that does not create a nuisance. The provisions of 40 C.F.R. §264.193 and 40 C.F.R. §264.221 are adopted by reference in R 299.4136.

Editor's Note: An obvious error in R 299.4423 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Annual Administrative Code Supplement,1999. The memorandum requesting the correction was published in Michigan Register, 2012 MR 18.

**History**
- *History: 1993 AACS; 1999 AACS.*

##### **Mich. Admin. Code R 299.4424** Type II landfill design standards; secondary collection systems and leak detection systems {#sec-r-299.4424 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4424}

Rule 424. (1) A secondary collection system shall be designed to operate as a leak detection system.

(2) A secondary collection system shall be capable of detecting, collecting, and removing leaks of hazardous constituents at the earliest practicable time through all areas of the top liner that are likely to be exposed to waste or leachate during the active life and postclosure care period. The requirements of this subrule are satisfied by a system that, at a minimum, satisfies all of the following requirements:

(a) Is designed to have a bottom slope of 1% or more. An applicant for a new disposal area shall demonstrate that the bottom slope will be 1% or more after consolidation settlement, except as provided for vertical expansions of a unit in R 299.4419.

(b) Is designed with either of the following:

(i) Granular drainage materials that have a hydraulic conductivity of 1.0 x 10-2 centimeters per second or more and a thickness of 12 inches or more.

(ii) Synthetic or geonet drainage materials which have a hydraulic conductivity of 1 centimeter per second and a layer thickness that is not less than 100 mils or which have other combinations capable of providing a hydraulic transmissivity of 5.0 x 10 -4 meters per second.

(c) Is designed with materials which are chemically resistant to the waste that is managed in the landfill and the leachate that is expected to be generated and which are of sufficient strength and thickness to prevent collapse under the pressures exerted by overlying wastes, waste cover materials, and equipment used at the landfills.

(d) Is designed and operated to minimize clogging during the active life and postclosure care period.

(e) Is designed with a sump and pumps that are sized to efficiently collect and remove liquids and prevent liquids from backing up into the drainage layer. Each unit shall have its own sump. The design of the sump and the removal system shall provide a method for measuring and recording the liquid volume that is removed.

(3) The director shall approve alternative materials to those specified in subrule (2) of this rule if the owner and operator demonstrate that the alternate design is capable of detecting a primary liner leak at least as effectively.

Editor's Note: An obvious error in R 299.4424 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Annual Administrative Code Supplement,1999. The memorandum requesting the correction was published in Michigan Register, 2012 MR 18.

**History**
- *History: 1993 AACS; 1999 AACS.*

##### **Mich. Admin. Code R 299.4425** Type II landfill design standards; final cover {#sec-r-299.4425 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4425}

Rule 425. (1) The owner or operator of a type II landfill unit shall install a final cover system which is designed to minimize infiltration and erosion and which is comprised of an erosion layer underlain by an infiltration layer, as specified in this rule.

(2) Except as provided for existing or preexisting units in subrules (3) and (4) of this rule, the owner or operator of a type II landfill shall install a final cover system that is comprised of all of the following components:

(a) An infiltration layer that is comprised of a composite liner. The lower soil component of such a composite liner shall consist of either of the following:

(i) A minimum of 18 inches of earthen material that has a permeability which is less than or equal to 1.0 x 10-5 cm/sec, as determined by test methods specified in R 299.4920.

(ii) A bentonite geocomposite liner which is in compliance with R 299.4914 and which is underlain by not less than 18 inches of earthen material to protect the liner from waste and minimize the effect of settlement.

(b) An erosion layer that consists of both of the following:

(i) A soil layer which is not less than 2 feet thick, which is immediately above the composite cover liner, and which is designed to do all of the following:

(A) Provide for the lateral drainage of precipitation off the cover of the landfill. The owner or operator may use permeable soil, geosynthetic drainage material, an alternative equivalent material approved by the director, or a combination to provide the lateral drainage.

(B) Minimize frost penetration into the infiltration layer.

(ii) A minimum of 6 inches of earthen material capable of sustaining native plant growth.

(3) The owner or operator of an existing or preexisting type II landfill unit that does not contain a flexible membrane liner in all or portions of the bottom liner system may install a final cover system previously approved by the director over those portions if the final cover system contains both of the following:

(a) An infiltration layer that is comprised of a minimum of 2 feet of earthen material which has a hydraulic conductivity that is less than or equal to 1.0 x 10-7 cm/sec, as determined by test methods specified in R 299.4920. The earthen material shall meet standards for soil liners specified in R 299.4913.

(b) An erosion layer that consists of a minimum of 6 inches of earthen material which is capable of sustaining native plant growth.

(4) The owner or operator of an existing or preexisting type II landfill unit that does not contain a flexible membrane liner in the bottom liner system may enhance the final cover specified in subrule (3) of this rule by adding a flexible membrane liner if the erosion layer specified in subrule (2)(b) of this rule is provided. The addition of the layer shall not constitute a vertical expansion.

(5) The director shall approve an alternative final cover design if the owner or operator of the landfill units demonstrates that the cover design includes both of the following components:

(a) An infiltration layer that achieves an equivalent reduction in infiltration as the infiltration layer specified in subrule (2) or (3) of this rule.

(b) An erosion layer that provides equivalent protection from wind and water erosion as the erosion layer specified in subrules (2) and (3) of this rule.

(6) The final cover of a type II landfill shall have either of the following to meet the gas control requirements of R 299.4433:

(a) A permeable soil layer which is not less than 1 foot thick and which is located directly below the infiltration layer that vents landfill gas to gas risers.

(b) Other means of assuring that gases cannot travel laterally from the site or accumulate in structures.

(7) To prevent the ponding of water on completed fill surfaces, the grading contours shall be sufficient to prevent the development of local depressions due to postconstruction settlement. Slopes of the final cover shall not be less than 4% at any location.

(8) Slopes of the final cover shall not exceed those necessary to prevent erosion and maintain slope stability. The final slope shall not be more than 1 vertical to 4 horizontal at any location, except where necessary to install berms for erosion control. If the final slope is more than 15%, then the slope shall include controls that the applicant demonstrates are sufficient to maintain slope stability, prevent erosion, and allow access. The controls shall be sufficient to limit erosion to not more than 2 tons per acre per year after vegetation is established based on the universal soil loss equation or other method approved by the director. The following ground cover estimates may be used in calculating erosion loss:

(a) Up to 95%, if the closure and postclosure plan provides for all of the following:

(i) Topsoil that has an organic matter content of more than 2.5%.

(ii) Fertilization consistent with the natural resources conservation service critical area planting guide.

(iii) Mowing twice annually until the required coverage is achieved.

(b) Up to 90%, if the closure and postclosure plan for the unit provides for both of the following:

(i) Topsoil that has an organic matter content of more than 1.25%.

(ii) Mowing annually until the required coverage is achieved.

(d) Other estimates approved by the director, if the estimates are supported by measures to establish vegetation specified in the closure and postclosure plan.

(9) All final covered areas shall be stabilized using appropriate shallow-rooted vegetation for the soil type, slope, and moisture conditions present. Seed and mulch rates shall, at a minimum, be consistent with recommendations contained in the United States department of agriculture document entitled "Natural Resources Conservation Service Critical Area Planting Guide." The natural resources conservation service critical area planting guide is adopted by reference in R 299.4141.

**History**
- *History: 1993 AACS; 1999 AACS.*

##### **Mich. Admin. Code R 299.4426** Type II landfill operation generally {#sec-r-299.4426 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4426}

Rule 426. (1) The owner and operator of a type II landfill shall properly maintain equipment of an adequate number, type, and size to be used in operating the landfill pursuant to established engineering practice and these rules. Backup equipment shall be available on the site or suitable arrangements shall be made to provide for such equipment from other sources during equipment breakdown or during peak loads.

(2) A type II landfill operation shall be under the immediate direction of a responsible individual.

(3) Measures shall be taken to control dust and blowing papers. The entire area shall be kept clean and orderly.

(4) All solid waste shall be compacted to minimize post-closure settlement.

(5) On-site roads at a type II landfill shall be in compliance with both of the following provisions:

(a) Be designed and constructed so that traffic flows smoothly and is not interrupted by ordinary inclement weather.

(b) Be operated to prevent the creation of nuisance conditions from fugitive dust.

(6) The active work area shall be sloped, graded, and provided with drainage facilities to prevent the collection of standing water.

**History**
- *History: 1993 AACS.*

##### **Mich. Admin. Code R 299.4427** Type II landfill operation; access requirements {#sec-r-299.4427 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4427}

Rule 427. (1) The owner and operator of a type II landfill shall control public access to the landfill and prevent unauthorized vehicular traffic and illegal dumping of wastes by using artificial barriers or natural barriers, or both, as appropriate.

(2) In addition to the controls specified in subrule (1) of this rule, the owner and operator shall limit access as follows:

(a) To those times when an attendant is on duty or when an alternative monitoring device is in use.

(b) To those persons who are authorized to use the site for the disposal of solid waste.

**History**
- *History: 1993 AACS.*

##### **Mich. Admin. Code R 299.4428** Type II landfill operation; recyclable materials {#sec-r-299.4428 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4428}

Rule 428. (1) The operator of a type II landfill may separate recyclable materials from general refuse without a construction permit for this activity from the director. Procedures for the separation of recyclable materials shall be consistent with the requirements for processing plants that are specified in R 299.4509.

(2) The salvaging of recyclable material, if allowed by the licensee, shall be organized so that it does not interfere with the prompt sanitary disposal of solid waste or create health hazards or unsightliness. Scavenging shall not be permitted.

(3) White goods and other recyclable metals may be stored on-site for recycling in an area that is designated in the operating license, if both of the following conditions are met:

(a) A nuisance or health hazard does not develop.

(b) The materials are stored in 1 of the following areas:

(i) An area that is in compliance with the standards for waste piles specified in R 299.4130.

(ii) A lined portion of the landfill.

(iii) A roll-off box or other container that prevents the discharge of liquids.

(4) Used lead acid batteries may be stored on-site for recycling if they are stored in a vault or on a pad that is in compliance with the provisions of R 299.4130(5).

**History**
- *History: 1993 AACS; 2015 AACS.*

##### **Mich. Admin. Code R 299.4429** Type II landfill operation; daily and interim cover material and disease vector control {#sec-r-299.4429 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4429}

Rule 429. (1) Except as provided in subrule (2) of this rule, an owner or operator of a type II landfill unit shall cover disposed of solid waste with 6 inches of earthen material at the end of each operating day or at more frequent intervals, if necessary, to control disease vectors, fires, odors, blowing litter, and scavenging. If clay or other low-permeability material is used as daily cover, then the operator shall scrape back the previous day's cover to allow the free movement of liquids and gases through the landfill.

(2) Alternative materials of an alternative thickness, other than at least 6 inches of earthen material, may be used as daily cover at a type II landfill if the alternative material is approved in the landfill operating license. The following alternative materials shall be approved by the director for use as daily cover if the owner or operator of the type II landfill demonstrates that the alternative material and thickness control disease vectors, fires, odors, blowing litter, and scavenging without presenting a threat to human health or the environment by submitting an operational plan for use of the material in accordance with subrule (3) of this rule:

(a) The following manufactured products, designated as class a daily cover material:

(i) Geotextiles.

(ii) Flexible membrane liners.

(iii) Woven mats.

(iv) Spray on materials, such as foams and emulsions.

(b) The following waste materials, designated as class b daily cover, if 95% of the material is retained on a no. 200 sieve:

(i) Chipped tires.

(ii) Wood chips.

(iii) Ash from the combustion of coal or wood.

(iv) Ground shingles and other roofing material that do not contain friable asbestos.

(v) Alum sludge from the treatment of potable water at municipally owned water treatment facilities.

(vi) Foundry sand.

(vii) Dredge spoils.

(viii) Paper mill sludge.

(c) The following waste materials, designated as class c daily cover, if the operational plan provides for documenting the waste is not hazardous, as defined in part 111 of the act, and does not contain hazardous constituents in concentrations exceeding criteria established by the director for daily cover:

(i) Contaminated soil from a leaking underground storage tank containing petroleum products.

(ii) Auto fluff.

(iii) Materials listed in paragraph (b) of this subrule which have less than 95% of the material retained on a no. 200 sieve.

(iv) Other wastes approved by the director.

(3) An application for an alternative daily cover material specified in subrule (2) of this rule shall include an operational plan for the use of the proposed material. The operational plan shall include all of the following information:

(a) The thickness of cover to be used. Alternative materials shall be placed in 6-inch lifts or in a manner that forms a binding crust or matting over the waste.

(b) The method of placement. Alternative daily cover material shall be placed in a manner that allows the free movement of liquids and gases.

(c) For class C alternate daily cover materials specified in subrule (2) of this rule, procedures for testing the alternative material to ensure that it is not hazardous, as defined by part 111 of the act and does not exceed criteria established by the director for daily cover. Test results on class C daily cover shall be maintained in the operating log.

(d) Documentation that the proposed cover material is either not flammable, or will be used in conjunction with nonflammable material to prevent the spread of fires within the landfill.

(e) Documentation that the proposed cover material is not capable, upon compaction, of producing any emission that results in a violation of part 55 of the act.

(f) The method of storage before use. Alternative material shall be stored in a manner that does not produce fugitive dust or create a nuisance.

(4) The director may grant a temporary waiver from the requirements of subrules (1) and (2) of this rule if the owner or operator demonstrates that there are extreme seasonal climatic conditions that make meeting the requirements impractical.

(5) If an approved daily cover does not meet the performance standards of this rule, then the owner and operator shall modify daily cover application, as necessary, to meet the standards.

(6) To minimize nuisance conditions, the operator of a landfill shall place 1 foot of compacted cover, which may include the 6-inch daily cover, on the surface of any lift that will be exposed for a period of 3 months or more before additional lifts are constructed.

(7) To minimize infiltration, the operator of a landfill may place interim cover on the surface of the landfill and manage runoff from the cover in accordance with R 299.4435.

The extent of the interim cover shall be documented in the operating log at least quarterly and shall consist of either of the following:

(a) Not less than 1 foot of low-permeability soil that has a unified soil classification of SC, ML, CL, CL/ML or CH, or another soil type that has a permeability of 1.0 x 10-5 cm/sec or less after compaction. Interim soil cover shall be compacted to the extent necessary to minimize infiltration and prevent leachate discharges through the soil, but need not be compacted to the standards specified in R 299.4913.

(b) A flexible membrane liner.

(8) All daily cover shall be continually maintained unless the removal of daily cover is authorized by the director based upon a demonstration under subrule (2) of this rule.

(9) An owner and an operator of a unit shall prevent or control on-site populations of disease vectors using techniques appropriate for the protection of human health and the environment.

**History**
- *History: 1993 AACS; 1999 AACS.*

##### **Mich. Admin. Code R 299.4430** Type II landfill operation; prohibited wastes; procedures for excluding the receipt of prohibited waste {#sec-r-299.4430 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4430}

Rule 430. (1) The operator of a type II landfill shall ensure that the unloading of solid waste is continuously supervised by facility personnel upon receipt.

(2) The following wastes shall not be disposed of in a type II landfill:

(a) Regulated hazardous waste.

(b) PCB's or PCB items, as defined in 40 C.F.R. §761.3.

(c) Bulk or noncontainerized liquid waste or waste that contains free liquids, unless the waste is household waste other than septic waste or the waste is leachate or gas condensate that is approved for recirculation under R 299.4432.

(d) Containers that hold liquid waste, unless the container is household waste or is a small container similar in size to that normally found in household waste.

(e) Sewage.

(f) Materials that would adversely affect a liner or leachate collection and removal system.

(g) Asbestos waste, unless the disposal area complies with 40 C.F.R. §61.154.

(h) Empty drums, unless crushed to eliminate voids.

(i) Used lead acid batteries.

(j) Yard clippings, as specified in the act.

(3) The owner and operator of a landfill shall implement a program at the facility for detecting and preventing the disposal of wastes that are prohibited by subrule (2) of this rule. The program shall include all of the following:

(a) Random inspections of incoming loads.

(b) Inspections of suspicious loads.

(d) Training of facility personnel to recognize prohibited waste.

(e) Procedures for notifying all of the following persons if regulated hazardous waste or PCB waste is discovered at the facility:

(i) The generator of the waste.

(ii) The transporter of the waste.

(iii) The director or his or her designee.

(iv) For PCB waste, the EPA regional administrator.

(v) The certified health department, if any.

(4) The definition of PCB waste and PCB items contained in 40 C.F.R. §761.3 is adopted by reference in R 299.4140. The provisions of 40 C.F.R. §61.154 pertaining to asbestos waste are adopted by reference in R 299.4131.

**History**
- *History: 1993 AACS; 1999 AACS; 2015 AACS.*

##### **Mich. Admin. Code R 299.4431** Type II landfill operation; noise {#sec-r-299.4431 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4431}

Rule 431. (1) Operation of a type II landfill shall not result in noise exceeding the following levels when measured at the common property line nearest the active work area:

(a) For adjacent residential property, 75 dBA.

(b) For adjacent commercial property, 85 dBA.

(2) Noise levels may be monitored by the solid waste control agency using weighted decibel measurements, referenced to 20 micropascals, with an audio output meter that is approved by the United States bureau of standards.

(3) Objectionable noises due to intermittence beat, frequency, or shrillness shall be muffled so as not to become a nuisance to adjacent uses.

**History**
- *History: 1993 AACS; 1999 AACS.*

##### **Mich. Admin. Code R 299.4432** Type II landfill operation; leachate and secondary collection system monitoring; leachate treatment, storage, and disposal {#sec-r-299.4432 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4432}

Rule 432. (1) The owner and operator of a type II landfill shall remove leachate from a disposal unit as frequently as necessary to ensure that the leachate depth on the liner, excluding the sump, is not more than 1 foot, except after a significant storm event. The leachate depth on the liner shall not be more than 1 foot for more than 7 days after a significant storm event. A significant storm event is a storm that generates 0.1 inches or more of rainfall in 24 hours.

(2) The owner and operator shall monitor the leachate collection system and record all of the following:

(a) Leachate depths on a schedule that assures compliance with this subrule.

(b) The monthly volume of leachate pumped from all units.

(i) The primary inorganic indicators listed in R 299.4450 and primary volatile organics listed in R 299.4453 on a quarterly basis during the active life and on an annual basis during the postclosure period.

(ii) Other constituents listed in R 299.4451, R 299.4452, and R 299.4454 on an annual basis during the active life and postclosure period.

(3) The owner and operator of a sanitary landfill that contains a secondary collection system shall do all of the following:

(a) Remove pumpable liquids in the secondary collection system sumps on a frequency that is sufficient to minimize the head on the bottom liner.

(b) During the active life, do both of the following:

(i) Record in the operating record the amount of liquid removed from each system sump at least weekly.

(ii) Calculate and record in the operating record the average daily flow rate, monthly.

(i) Record in the operating record the amount of liquids removed from each secondary collection system sump, at least monthly. If the liquid level in the sump stays below the pump operating level for 2 consecutive months, the amount of liquids in the sumps may be recorded quarterly. If the liquid level in the sump stays below the pump operating level for 2 consecutive quarters, the amounts of liquids in the sumps may be recorded semiannually.

If at any time during the postclosure care period the pump operating level is exceeded at units on quarterly or semiannual recording schedules, the owner or operator shall return to the monthly recording of amounts of liquids removed from each sump until the liquid level again stays below the pump operating level for 2 consecutive months.

(ii) Calculate and record in the operating record the average daily flow rate, monthly, unless the owner and operator are on a reduced frequency for recording flow under subparagraph (i) of this paragraph. An owner and operator who qualify for recording flow on a reduced frequency are exempt from calculating an average daily flow rate.

(d) If the average daily flow rate removed from the sump of a secondary collection system during any month averages more than the action flow rates specified in subrule (4) of this rule, do one of the following within 30 days of the end of the month in which the exceedance occurred:

(i) Initiate a liquids management plan to reduce the flow in the secondary collection system and the potential impact of this flow and place this plan in the operating record, and for unmonitorable units, comply with the leak detection requirements of R 299.4437. A liquids management plan may provide for increasing the frequency or rate of leachate removal, the suspension of leachate reintroduction, the application of interim cover to reduce leachate generation, or other actions which are appropriate to reduce the flow rate in the secondary collection system. The owner and operator may discontinue actions under a liquids management plan if the average daily flow rate in a subsequent month no longer exceeds the action flow rate which initiated the action.

(ii) Demonstrate to the director that the flow in the secondary collection system is due to construction or consolidation water from the primary liner and not by excessive leakage from the landfill cell. The demonstration shall be certified by a registered professional engineer. In the event the director denies this demonstration, the owner and operator shall initiate a liquids management plan within 30 days of the denial.

(iii) For monitorable units which have a natural soil barrier or equivalent geologic protection below the secondary collection system which meets the criteria of R 299.4422(2), continue to remove pumpable liquids on a frequency which minimizes the head on the bottom liner. Landfill cells which meet this criteria are exempt from the liquids management plan requirements of this paragraph.

(4) In order to evaluate the performance of a secondary collection system, the director shall establish an action flow rate for each landfill cell containing such a system in the operating license. For purposes of this rule and R 299.4437, a "landfill cell" means a portion of a landfill unit which contains a separate secondary collection system and sump. The action flow rate shall be equal to the following:

(a) A value of 5 gallons per acre per day, for unmonitorable units with less than 2 feet of compacted clay in the primary liner.

(b) A value of 25 gallons per acre per day, for monitorable units with less than 2 feet of clay in the primary liner.

(c) A value of 50 gallons per acre per day, for unmonitorable units with at least 2 feet of compacted clay in the primary liner.

(d) A value of 200 gallons per acre per day, for monitorable units with at least 2 feet of compacted clay in the primary liner.

(5) The owner and operator of a type II landfill shall inspect all leachate collection pipes on a schedule that assures the proper operation of the leachate collection system. All pipes shall be cleaned or flushed as necessary to assure proper operation.

(6) The owner and operator of a type II landfill shall ensure that all leachate that is generated by the landfill is disposed of in compliance with part 31 of the act. To do so, the owner and operator shall provide for 1 of the following:

(a) On-site treatment and discharge by a facility that is permitted under part 31 of the act or is otherwise approved by the director.

(b) Discharge, by sewer or pipeline, to an off-site publicly owned treatment works or other facility that is permitted under part 31 of the act or is otherwise approved by the director.

(c) Discharge, by pump and haul, to an off-site publicly owned treatment works or other facility that is permitted under part 31 of the act or is otherwise approved by the director.

(7) The owner and operator of a type II landfill that discharges to an off-site publicly owned treatment works or other facility that is permitted under part 31 of the act shall do all of the following:

(a) Secure written permission to discharge to the facility before discharge.

(b) Meet any applicable pretreatment requirements.

(c) If the discharge is by pump and haul, provide, for hauling a volume necessary to comply with subrule (1) of this rule.

(8) The owner and operator may recirculate leachate, liquid from the secondary collection system, or gas condensate back to a disposal unit if the director approves a plan for the recirculation in an operating license.

**History**
- *History: 1993 AACS; 1999 AACS.*

##### **Mich. Admin. Code R 299.4433** Type II landfill operation; explosive gas control and monitoring {#sec-r-299.4433 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4433}

Rule 433. (1) The owner and operator of a type II landfill shall ensure all of the following:

(a) That the concentration of methane gas generated by the facility is not more than 25% of the lower explosive limit for methane in facility structures, excluding gas control or recovery system components, and the leachate collection system.

(b) That the concentration of methane gas is not more than the lower explosive limit at or beyond the facility property boundary.

(c) That gases generated by the facility do not create a nuisance and are not otherwise in violation of part 55 of the act at the property boundary.

(2) The owner and operator of a type II landfill shall implement a routine methane monitoring program to ensure that the requirements of subrule (1) of this rule are met. The type and frequency of monitoring shall be based on all of the following factors:

(a) Soil conditions.

(b) The hydrogeologic conditions surrounding the facility.

(d) The location of facility structures and property boundaries.

(3) The minimum frequency of methane monitoring shall be quarterly.

(4) If methane gas levels exceeding the limits specified in subrule (1) of this rule are detected from either an active or closed unit, the owner and operator shall do all of the following:

(a) Immediately take all necessary steps to ensure protection of human health and notify the director.

(b) Within 7 days of detection, place, in the operating record, the methane gas levels detected and a description of the steps taken to protect human health.

(c) Within 60 days of detection, implement a remediation plan for the methane gas releases, place a copy of the plan in the operating record, and notify the director that the plan has been implemented. The plan shall describe the nature and extent of the problem and the proposed remedy.

(5) The director may establish alternative schedules for demonstrating compliance under subrule (4) of this rule.

(6) An active gas management system shall be installed at a type II landfill if necessary under subrule (4) of this rule. An active gas management system shall do all of the following:

(a) Include a control system that includes 1 or both of the following:

(i) A system within the unit that is in compliance with subrule (7) of this rule.

(ii) A system outside the unit that is in compliance with subrule (8) of this rule.

(b) Include a collection system for transporting gas to a central point or points for process or disposal.

(d) Prevent the migration of gas out of the unit.

(e) Operate until the waste is stabilized and no longer producing gas in quantities that are in violation of subrule (1) or (4) of this rule.

(7) An active gas control system that is installed within the perimeter of a solid waste disposal unit shall be designed and constructed to do the all of the following:

(a) Function for the active life of the disposal unit and the postclosure period.

(b) Operate safely in hazardous or explosive environments.

(d) Withstand all normal landfill conditions, including settlement.

(e) Provide for the collection and draining of gas condensate.

(f) Not adversely affect the integrity of any liner, leachate collection system, or final cover.

(g) Be airtight.

(8) An active gas control system that is located outside the perimeter of the solid waste disposal unit shall consist of either trenches or gas wells which effectively cut off the lateral migration of gas and which extend down to 1 of the following:

(a) A natural soil barrier that is in compliance with R 299.4912.

(b) The seasonal high water table.

(d) Other barriers approved by the director.

**History**
- *History: 1993 AACS; 1999 AACS.*

##### **Mich. Admin. Code R 299.4434** Type II landfill operation; air criteria {#sec-r-299.4434 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4434}

Rule 434. (1) The owner and operator of a type II landfill shall ensure that the unit is not in violation of any applicable requirements developed under part 55 of the act or the state implementation plan approved or promulgated by the administrator under section 110 of the clean air act, as amended.

(2) The burning of solid waste, except for the infrequent burning of agricultural wastes, silvicultural wastes, land-clearing debris, diseased trees, or debris from emergency cleanup operations, is prohibited at all type II landfills.

(3) The burning of waste specified in subrule (2) of this rule shall be conducted only in designated areas with the permission of the solid waste control agency and other appropriate authorities. Suitable measures shall be available to extinguish accidental fires.

**History**
- *History: 1993 AACS; 1999 AACS.*

##### **Mich. Admin. Code R 299.4435** Type II landfill operation; run-on and runoff control systems {#sec-r-299.4435 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4435}

Rule 435. (1) The owner and operator of a type II landfill shall design, construct, and maintain both of the following systems:

(a) A run-on control system to prevent flow onto the active portion of the landfill during the peak discharge from a 25-year, 24-hour storm.

(b) A runoff control system from the active portion of the landfill to collect and control at least the water volume that results from a 24-hour, 25-year storm.

(2) The owner and operator of a type II landfill shall manage runoff from the active portion of the landfill that does not have interim cover as leachate in accordance with R 299.4432.

(3) The owner and operator of a type II landfill shall control runoff from the active work area of the landfill and shall institute erosion control measures as necessary to comply with part 91 of the act.

**History**
- *History: 1993 AACS; 1999 AACS.*

##### **Mich. Admin. Code R 299.4436** Type II landfill operation; surface and groundwater performance requirements {#sec-r-299.4436 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4436}

Rule 436. (1) The operation of a type II landfill unit shall not do any of the following:

(a) Cause a discharge of pollutants into waters of the United States, including wetlands, that is in violation of any of the requirements of the federal clean water act, including the national pollutant discharge elimination system (NPDES) requirements under section 402 of the federal clean water act.

(b) Cause the discharge of a nonpoint source of pollution to waters of the United States, including wetlands, that is in violation of any of the requirements of an areawide or statewide water quality management plan that has been approved under section 208 or 319 of the federal clean water act.

(2) The owner and operator of a type II landfill shall conduct a surface water monitoring program approved by the director for any surface water that may receive runoff from the active work area. Monitoring results shall be submitted to the director or his or her designee not more than 30 days after the end of the calendar quarter.

**History**
- *History: 1993 AACS; 1999 AACS.*

##### **Mich. Admin. Code R 299.4437** Landfill operation; leak detection systems {#sec-r-299.4437 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4437}

Rule 437. (1) For unmonitorable units, the secondary collection system is also a leak detection system. To evaluate the performance of a leak detection system, the director shall establish a response flow rate for each landfill cell that contains a leak detection system in the operating license for the unit. The response flow rate for a leak detection system is determined by the following criteria:

(a) By using a value of 200 gallons per acre per day for A landfill design that has a primary liner which uses 2 feet or more of compacted clay. This flow rate accounts for water from the consolidation of clay or natural groundwater.

(b) By using a value of 25 gallons per acre per day for A landfill design which has A primary liner without 2 feet or more of compacted clay.

(2) If the average daily flow rate removed from the sump of a leak detection system is more than the action flow rate for that cell specified in R 299.4432, the owner and operator shall evaluate the chemical characteristics of liquid in the leak detection system by sampling and analyzing the system in accordance with subrule (6) of this rule and evaluating for the presence of a leak by a statistical test under R 299.4908, a trend analysis, or other means. Before solid waste is placed in any new unit that has a leak detection system, the owner and operator may, at their discretion, establish a baseline concentration of constituents in the secondary collection system based on an analysis of representative samples from the system.

(3) The owner and operator of a landfill shall conduct the response actions required under subrule (5) of this rule if monitoring of the leak detection system determines that both of the following apply to liquid that is removed from the system:

(a) The average daily flow rate is more than the response flow rate that is established for the unit under subrule (1) of this rule.

(b) The liquid contains hazardous substances indicative of leachate from the unit.

(4) The owner and operator of a landfill that has a leak detection system that exceeds the response flow rate may demonstrate to the director that hazardous substance concentrations present are not above the baseline concentration established pursuant to subrule (2) of this rule or that the flow is due to construction or consolidation water from the primary liner and is not due to excessive leakage from the unit. The demonstration shall be certified by a registered professional engineer. Upon director approval of a demonstration, the owner and operator shall be exempt from the response action plan requirements of this rule.

(5) An owner and operator who are required to conduct response actions pursuant to this rule shall take all of the following actions:

(a) Within 7 days of a determination that the response flow rate has been exceeded, notify the director, in writing, that the response flow rate has been exceeded.

(b) Submit a preliminary written assessment to the director within 14 days of a determination that the response flow rate has been exceeded. A preliminary written assessment shall include all of the following information for the landfill cell in which the response flow rate was exceeded:

(i) The amount of liquids removed from the leak detection system.

(ii) The likely sources of liquids, including the depth of leachate in the leachate collection system.

(iii) The possible location, size, and cause of any leaks.

(iv) The short-term actions taken and planned.

(d) Determine whether waste receipt should cease or be curtailed, whether any waste should be removed from the landfill cell for inspection, repairs, or controls, and whether or not the unit should be closed.

(e) Determine any other short-term and longer-term actions to be taken to mitigate or stop any leaks.

(f) After a determination that the response flow rate has been exceeded, and for as long as the flow rate in the system exceeds the response flow rate, the owner or operator shall submit to the director, within 30 days of the end of the calendar quarter, a report that summarizes the results of any remedial actions taken and planned.

(g) To make the leak or remediation determinations specified in this subrule, the owner or operator shall do all of the following:

(i) Assess the source of liquids and amounts of liquids by source.

(ii) Conduct a fingerprint, hazardous constituent, or other analysis of the liquids in the system to identify the source of liquids and possible location of any leaks and the hazard and mobility of the liquid.

(iii) Assess the seriousness of any leaks in terms of potential for escaping into the environment or document why the assessments are not needed.

(6) An owner or operator who is required to evaluate the chemical characteristics of a leak detection system under this rule shall sample and analyze for the constituents listed in R 299.4450 to R 299.4454 or the approved hydrogeological monitoring plan, quarterly during the active life and postclosure period, except as provided in subrule (7) of this rule, and shall submit the results of the monitoring and any required notifications and reports to the director not more than 30 days after the end of the calendar quarter.If none of the constituents or their breakdown products are detected in leachate at practical quantitation limits approved by the director for 2 consecutive sampling events, then the owner and operator may reduce the frequency of analysis of the constituents in the leak detection system to annually for as long as the constituents are not detected in the leachate.

(7) The owner or operator of a landfill unit who initiates chemical characterization of a leak detection system or response actions after exceeding an action flow rate or response flow rate may discontinue the action if the average daily flow rate in a subsequent calendar month no longer exceeds the applicable flow rate that initiated the action.

**History**
- *History: 1993 AACS; 1999 AACS.*

##### **Mich. Admin. Code R 299.4438** Type II landfill operation; recordkeeping requirements {#sec-r-299.4438 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4438}

Rule 438. (1) The owner and operator of a type II landfill unit shall record and retain, near the facility in an operating record or in an alternative location approved by the director, all of the following information as it becomes available:

(a) Any location restriction demonstration that is required under this part.

(b) Inspection records, training procedures, and notification procedures that are required under R 299.4430.

(d) Any type II landfill unit design documentation for the placement of leachate or gas condensate in a type II landfill unit as required by these rules.

(e) Any demonstration, certification, finding, monitoring, testing, or analytical data required by these rules for groundwater or secondary collection system monitoring.

(f) Records of the quantity of waste received that are required to determine payments into the perpetual care fund.

(g) Closure and postclosure care plans and any monitoring, testing, or analytical data required by these rules.

(h) Any cost estimates and financial assurance documentation required by these rules.

(i) Test results documenting that class C alternate daily cover material meets criteria established by the director for daily cover.

(2) The owner and operator shall notify the director when the documents specified in subrule (1) of this rule have been placed in or added to the operating record. All information that is contained in the operating record shall be furnished upon request to the director or be made available at reasonable times for inspection by the director.

**History**
- *History: 1993 AACS; 1999 AACS.*

##### **Mich. Admin. Code R 299.4439** Type II landfill groundwater monitoring and corrective action; applicability {#sec-r-299.4439 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4439}

Rule 439. (1) The requirements of R 299.4440 to R 299.4445 apply to all type II landfill units, except as provided in subrules (2) and (6) of this rule.

(2) An owner or operator of a type II landfill may petition the director to reduce or waive certain groundwater monitoring requirements specified in R 299.4440 to R 299.4445 if the owner or operator can demonstrate that there is no potential for the migration of hazardous constituents from that type II landfill unit to the uppermost aquifer during the active life of the unit and the post-closure care period. This demonstration shall be certified by a qualified groundwater scientist and approved by the director and shall be based upon both of the following:

(a) Site-specific field collected measurements, sampling, and analysis of physical, chemical, and biological processes that affect contaminant fate and transport.

(b) Contaminant fate and transport predictions that maximize contaminant migration and consider impacts on human health and the environment.

(3) The director shall waive sampling and analysis for secondary organic constituents specified in R 299.4454 upon a demonstration by the owner or operator that the criteria of subrule (2) of this rule are met by the following conditions:

(a) The landfill unit will have an active life less than 20 years.

(b) The landfill unit meets both the location criteria of R 299.4422(3) and the design criteria of R 299.4422(4), which provide for a secondary collection system.

(4) Owners and operators of type II landfill units shall comply with the groundwater monitoring requirements of this part before waste can be placed in the unit.

(5) Once established at a type II landfill unit, groundwater monitoring shall be conducted throughout the active life and 30-year post-closure care period of that unit as specified in R 299.4449.

(6) In addition to the requirements of subrule (4) of this rule, owners and operators of preexisting landfill units shall comply with the groundwater monitoring plan for the unit approved by the director before the effective date of this rule, unless a new plan is approved by the director.

**History**
- *History: 1993 AACS; 2005 AACS.*

##### **Mich. Admin. Code R 299.4440** Type II landfill groundwater monitoring; detection monitoring program {#sec-r-299.4440 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4440}

Rule 440. (1) Detection monitoring is required at type II landfill units at all groundwater monitoring wells defined in R 299.4906. At a minimum, a detection-monitoring program for a type II landfill shall include monitoring for all of the following constituents:

(a) The primary indicators listed in R 299.4450, conductivity and pH, at least quarterly during the active life and semiannually during the postclosure period, except as provided for in subrules (5) and (6) of this rule.

(b) The following constituents listed at least semiannually during the active life of the facility and the postclosure period, except as provided in subrules (2) to (6) of this rule:

(i) Heavy metals that are listed in R 299.4452.

(ii) Primary volatile organic constituents listed in R 299.4453.

(iii) Secondary organic constituents listed in R 299.4454.

(2) The director shall waive the sampling and analysis of some or all of the heavy metals specified in R 299.4452 if other inorganic indicator parameters listed in R 299.4450 or R 299.4451 provide a reliable indication of inorganic releases from the unit to groundwater.

In determining whether to approve a waiver, the director shall consider all of the following factors:

(a) The types, quantities, and concentrations of constituents in the wastes that are managed at the type II landfill unit.

(b) The mobility, stability, and persistence of waste constituents or their reaction products in the unsaturated zone beneath the type II landfill unit.

(d) The concentration and variance of monitoring parameters in the groundwater background.

(3) The owner and operator of a type II landfill unit that contains a secondary collection system shall be deemed to have met the criteria of subrule (2) of this rule and may conduct sampling and analysis for primary indicators listed in R 299.4450 in place of the heavy metals listed in R 299.4452 if all of the following conditions are met:

(a) Leachate monitoring shows that the concentration of all of the indicators in leachate is not less than 10 times the concentration in groundwater.

(b) Secondary collection system monitoring shows all of the following:

(i) That the allowable flow rate has not been exceeded.

(ii) That the concentration of 2 or more indicators in the system is not more than the following threshold values for 2 consecutive sampling events:

(A) For chlorides, 250 mg/l.

(B) For iron, 0.3 mg/l.

(D) For total inorganic nitrogen, 10 mg/l.

(E) For total dissolved solids, 500 mg/l.

(F) For other constituents, a value approved by the director.

(iii) That volatile organics listed in R 299.4453 have not been detected in the secondary collection system.

(iv) That the concentration of metals listed in R 299.4452 has not exceeded the part 201 generic residential cleanup criteria contained in R 299.44and R 299.46.

(d) The concentration of the indicators in groundwater is normally distributed.

(4) The director shall delete any of the monitoring parameters listed in R 299.4452 to R 299.4454 for a type II landfill unit if it can be shown that the removed constituents are not reasonably expected to be in or derived from the waste that is contained in the unit. An owner or operator may demonstrate that a constituent is not expected to be in or derived from the waste if the constituent and any breakdown products are not detectable in leachate at practical quantitation limits approved by the director based on historic analysis of leachate from not less than 2 sampling events.

(5) The owner and operator of a type II landfill may apply to the director for an appropriate alternative frequency for repeated sampling and analysis for pH, conductivity, and the constituents specified in R 299.4450 to R 299.4454, during the active life, including closure, and the postclosure care period. The alternative frequency during the active life, including closure, shall be at least semiannually for pH, conductivity, and the constituents specified in R 299.4450 and R 299.4451, and at least annually for the constituents specified in R 299.4452 to R 299.4454. The alternative frequency shall be based on consideration of all of the following factors:

(a) The lithology of the aquifer and unsaturated zone.

(b) The hydraulic conductivity of the aquifer and unsaturated zone.

(d) The minimum distance of travel between waste and the closest downgradient monitoring well screen.

(e) The presence of an alternative monitoring system, such as a secondary collection system.

(f) The resource value of the aquifer.

(6) The owner or operator of a type II landfill unit shall be deemed to meet the criteria of subrule (5) of this rule and may reduce sampling of the following constituents to the following frequency during the active life and 30-year postclosure period if the following conditions are met as applicable:

(a) The heavy metals listed in R 299.4452 and secondary organic constituents listed in R 299.4454 to annually if the active portions of the unit contain a composite liner underlain by a natural soil barrier in compliance with the leakage control criteria of R 299.4422(2).

(b) For monitorable units which contain a secondary collection system in the active portion, but which are not underlain by a natural soil barrier meeting the criteria of R 299.4422(2), all constituents listed in R 299.4450 to R 299.4454 to the following frequency:

(i) To annually, if the average daily flow rate in the secondary collection system of all landfill cells in the active portion does not exceed the following flow rates during the previous 6 months:

(A) A value of 5 gallons per acre per day for landfill cells that have less than 2 feet of compacted clay in the primary liner.

(B) A value of 50 gallons per acre per day for landfill cells that have not less than 2 feet of compacted clay in the primary liner.

(ii) To semiannually, if the average daily flow rate in the secondary collection system of any landfill cell in the active portion has exceeded the flow rates specified in paragraph (i) of this subdivision in the previous 6 months, but has not exceeded the following action flow rates for the cell during the previous 6 months:

(A) A value of 25 gallons per acre per day for landfill cells that have less than 2 feet of compacted clay in the primary liner.

(B) A value of 200 gallons per acre per day for landfill cells that have not less than at least 2 feet of compacted clay in the primary liner.

(c) For monitorable units that contain a secondary collection system in the active portion underlain by a natural soil barrier meeting the criteria of R 299.4422(2), to annually if the average daily flow rate in the secondary collection system of any landfill cell in the active portion has not exceeded the following flow rates during the previous 6 months:

(i) A value of 25 gallons per acre per day for landfill cells that have less than 2 feet of compacted clay in the primary liner.

(ii) A value of 200 gallons per acre per day for landfill cells that have not less than 2 feet of compacted clay in the primary liner.

(7) If insufficient background data exists to perform statistical analysis, a minimum of 4 independent samples shall be collected and analyzed during the first sampling event. At least 1 sample from each detection monitoring well shall be collected and analyzed during subsequent sampling events. An alternate background collection schedule may be approved by the director. An interim statistical method may be utilized during the period in which background data is collected.

(8) If the owner and operator determine, pursuant to a statistical test specified in R 299.4908, that there is a statistically significant increase over background for 1 or more of the constituents at any monitoring well at the solid waste boundary or at other monitoring locations required by the director, then the owner and operator shall do both of the following:

(a) Within 14 days of the determination, place a notice in the operating record that indicates which constituents have shown statistically significant increases from background levels and notify the director that the notice is placed in the operating record.

(b) Prepare and submit to the director an assessment monitoring plan that is in compliance with R 299.4441 and a response action plan that is in compliance with R 299.4442 within 45 days of the determination, or pursuant to an alternate schedule approved by the director, except as provided in subrule (9) of this rule.

(9) The owner and operator may demonstrate to the director that a source other than a landfill unit caused the contamination or that the statistically significant increase resulted from error in sampling, analysis, statistical evaluation or from natural variation in groundwater quality. A report that documents the demonstration shall be certified by a qualified groundwater scientist, be submitted to the director within 30 days of the determination specified in subrule (8) of this rule, and be placed in the operating record. If the director determines that the alternate source demonstration prepared pursuant to this subrule has not been successfully provided, the deficiencies shall be specified to the petitioner in writing and the petitioner granted 15 days to address those deficiencies identified by the director. If a successful demonstration is made and documented, then the owner or operator shall do the following:

(a) Continue detection monitoring as specified in this rule.

(b) Determine whether the presence of hazardous constituents in groundwater renders any new units or lateral extensions within the solid waste boundary unmonitorable. If so, the owner and operator shall develop a schedule for submitting revised engineering plans for such lateral extensions or new units that include a leak detection system.

(10) If the director notifies the owner and operator that a successful demonstration has not been made, then, within 15 days of notification by the director, the owner and operator shall prepare an assessment monitoring program as required in R 299.4441 and submit a response action plan to the director as required in R 299.4442.

**History**
- *History: 1993 AACS; 1999 AACS; 2005 AACS; 2015 AACS.*

##### **Mich. Admin. Code R 299.4441** Type II landfill groundwater monitoring; assessment monitoring program {#sec-r-299.4441 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4441}

Rule 441. (1) Assessment monitoring is required at a type II landfill if a statistically significant increase over background has been detected for 1 or more of the constituents listed in R 299.4440.

(2) Within 60 days of the submittal of an assessment monitoring program, and annually thereafter, the owner and operator of a type II landfill shall sample the groundwater for analysis of all constituents listed in R 299.4450 to R 299.4452 and 40 C.F.R part 258, appendix II at an appropriate subset of monitoring wells approved by the director. A minimum of 1 sample from each approved downgradient well shall be collected and analyzed during each sampling event. For any constituent that is detected in the downgradient wells as a result of the complete R 299.4450 to R 299.4452 and appendix II constituent analysis, a minimum of 4 independent samples from each background and downgradient well shall be collected and analyzed to establish background for the constituents. The director shall consider anappropriate subset of wells to be sampled and analyzed for R 299.4450 to R 299.4452 and appendix II constituents during assessment monitoring. The director shall delete any of the R 299.4450 to R 299.4452 and appendix II constituents for a unit if it can be shown, based on leachate data, secondary collection system monitoring, waste classification data, or other data, that the removed constituents are not reasonably expected to be in or derived from the waste contained in the unit or that the constituent is not a reliable indicator parameter.

(3) The director shall specify an appropriate frequency for repeated sampling and analysis for all of the R 299.4450 to R 299.4452 and appendix II constituents for which sampling and analysis are required by this rule during the active life, including closure, and postclosure care of the unit. In specifying the frequency, the director shall consider all of the following factors:

(a) The lithology of the aquifer and unsaturated zone.

(b) The hydraulic conductivity of the aquifer and unsaturated zone.

(d) The minimum distance between upgradient edge of the unit and downgradient monitoring well screen.

(e) The nature of any constituents detected in response to this rule.

(4) After obtaining the results from the initial or subsequent sampling events required in subrule (2) of this rule, the owner and operator shall do all of the following:

(a) Within 14 days, place a notice in the operating record that identifies the R 299.4450 to R 299.4452 and appendix II constituents that have been detected and notify the director that this notice has been placed in the operating record.

(b) Within 90 days, and on at least a semiannual basis thereafter, resample all wells specified by the provisions of R 299.4441(2), conduct analyses for all constituents listed in R 299.4450 to R 299.4454 and for those constituents listed in appendix II that are detected in response to the requirements of subrule (2) of this rule and are present at statistically significant levels above background, and record their concentrations in the facility operating record. At least 1 sample from each background and downgradient well shall be collected and analyzed during these sampling events. The director shall consider an alternative monitoring frequency during the active life, including closure, and the postclosure period for the constituents referred to in this subdivision. The alternative frequency for constituents listed in R 299.4452 to R 299.4454, during the active life, including closure, shall be at least annually. The alternative frequency shall be based on consideration of the factors specified in subrule (3) of this rule.

(c) Establish background concentrations for any constituents detected pursuant to this rule where background has not already been established.

(d) Establish groundwater protection standards consistent with section 20120a of the act for all constituents that are detected pursuant to this rule.

(5) If the concentrations of all constituents listed in R 299.4450 to R 299.4454 and all appendix II constituents are shown to be at or below background values, using the statistical procedures in R 299.4908, for 2 consecutive sampling events, then the owner and operator shall notify the director of the finding and may return to detection monitoring.

(6) If the concentration of any constituent listed in R 299.4450 to R 299.4454 or any appendix II constituents are above background values, but all concentrations are below the groundwater protection standard established pursuant to the provisions of subrule (9) of this rule, then the owner and operator shall do all of the following:

(a) Continue assessment monitoring in accordance with this rule.

(b) Characterize the nature and extent of the release by installing additional monitoring wells as necessary.

(c) Install at least 1 additional monitoring well at the facility boundary in the direction of contaminant migration and sample the well in accordance with the provisions of subrule (4) of this rule.

(d) Notify all persons who own the land or reside on the land that directly overlies any part of the plume of contamination if contaminants have migrated off-site as indicated by the sampling of wells in accordance with this rule.

(7) If 1 or more constituent listed in R 299.4450 to R 299.4454 or appendix II constituents are detected at statistically significant levels and are above the groundwater protection standard established pursuant to subrule (9) of this rule, in any sampling event, then the owner or operator shall do all of the following:

(a) Within 14 days of the detection, place a notice in the operating record that identifies the hazardous substances that have exceeded any criteria for groundwater established pursuant to section 20120a of the act.

(b) Notify the director and all appropriate local government officials that the notice has been placed in the operating record.

(d) Install at least 1 additional monitoring well at the facility boundary in the direction of contaminant migration and sample the well in accordance with subrule (4) of this rule.

(e) Characterize the nature and extent of the release by installing additional monitoring wells as necessary.

(f) Notify all persons who own the land or reside on the land that directly overlies any part of the plume of contamination if contaminants have migrated off-site as indicated by the sampling of wells in accordance with this rule.

(g) Except as provided by subrule (8) of this rule, initiate an assessment of corrective measures as required by R 299.4443 within 90 days of the detection.

(8) An owner and operator may demonstrate that a source other than a type II landfill unit or other source at the facility caused the contamination or that the statistically significant increase resulted from error in sampling, analysis, or statistical evaluation or from natural variation in groundwater quality. A report that documents the demonstration shall be certified by a qualified groundwater scientist, approved by the director, and placed in the operating record. Until a successful demonstration is made, the owner and operator shall comply with subrules (6) and (7) of this rule. If a successful demonstration is made, the owner and operator shall do the following:

(a) Continue monitoring in accordance with the assessment monitoring program pursuant to this rule. The owner and operator may return to detection monitoring if the hazardous substances are at or below background as specified in subrule (5) of this rule.

(b) Determine whether any new units or lateral extensions of existing units will be unmonitorable. If so, the owner and operator shall develop a schedule for submitting revised engineering plans for such lateral extensions and new units that are in compliance with the provisions of R 299.4422(4), and include a leak detection system.

(c) Not be subject to the response action plan requirements of R 299.4442 or the assessment of corrective measures of R 299.4443.

(9) The owner or operator shall establish a groundwater protection standard for each hazardous substance that is detected in groundwater. The groundwater protection standard shall be as follows:

(a) For constituents for which a maximum contaminant level has been promulgated pursuant to the provisions of section 1412 of the safe drinking water act and has been codified at 40 C.F.R. part 141, the lowest of the following:

(i) The maximum contaminant level for that constituent.

(ii) The applicable cleanup criteria for that constituent for groundwater as established pursuant to section 20120a of the act.

(b) For constituents for which the background level is higher than the maximum contaminant level or applicable cleanup criteria for groundwater, the background concentration.

(i) The background concentration for the constituent established from wells in accordance with the provisions of R 299.4906(1).

(ii) The applicable cleanup criteria for that constituent for groundwater established pursuant to section 20120a of the act.

**History**
- *History: 1993 AACS; 2005 AACS.*

##### **Mich. Admin. Code R 299.4442** Type II landfill groundwater monitoring; response action plan {#sec-r-299.4442 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4442}

Rule 442. (1) The owner and operator of a type II landfill unit that is required to prepare a response action plan shall identify all of the following:

(a) Possible sources of contamination.

(b) Interim response activities taken or to be taken to control possible sources of contamination.

(c) For units that the owner or operator concludes are probable sources of contamination, a schedule for terminating waste receipt, for initiating closure at units, and for redesigning and constructing new units that have leak detection systems. The schedule shall be based on all of the following:

(i) The concentration of hazardous substances.

(ii) The rate of migration.

(iii) Risks to human health and the environment, including the proximity of drinking water supplies.

(iv) The practicality of initiating closure.

(v) The availability of other disposal locations.

(vi) Other relevant factors.

(2) The director shall approve or deny a response action plan within 60 days of submittal.

If the director denies a plan, the director shall specify schedules for closure and interim response necessary to protect human health and the environment.

(3) If the concentrations of all hazardous substances are shown to be at or below background values, using the statistical procedures in R 299.4908, for 2 consecutive sampling events, the owner and operator shall notify the director of this finding and may suspend actions under the response action plan.

**History**
- *History: 1993 AACS; 2005 AACS.*

##### **Mich. Admin. Code R 299.4443** Type II landfill corrective action; assessment of corrective measures {#sec-r-299.4443 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4443}

Rule 443. (1) Within 90 days of finding that any hazardous substances have been detected at a statistically significant level, and exceed the groundwater protection standards defined in R 299.4441, the owner and operator of a type II landfill shall initiate an assessment of corrective measures. Such an assessment shall be completed within a reasonable period of time approved by the director.

(2) The owner and operator shall continue to monitor in accordance with the assessmentmonitoring program as specified in R 299.4441.

(3) The assessment or corrective measures shall be in compliance with the requirements for feasibility studies contained in part 201 of the act and shall include an analysis of the effectiveness of potential corrective measures in meeting all of the requirements and objectives of the remedy.The analyses shall address all of the following areas:

(a) The performance, reliability, ease of implementation, and potential impacts of appropriate potential remedies, including safety impacts, cross-media impacts, and control of exposure to any residual contamination.

(b) The time required to begin and complete the remedy.

(d) The institutional requirements, such as state or local permit requirements or other environmental or public health requirements, that may substantially affect implementation of the remedy or remedies.

(4) The owner and operator shall discuss the results of the feasibility study of corrective measures in a public meeting with interested and affected parties before selecting a remedy.

**History**
- *History: 1993 AACS; 2005 AACS.*

##### **Mich. Admin. Code R 299.4444** Type II landfill corrective action; remedy selection and remedial action plan {#sec-r-299.4444 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4444}

Rule 444. (1) Based on the results of the corrective measures assessment pursuant to R 299.4443, the owner and operator shall propose to the director a remedy that, at a minimum, meets the standards specified in subrule (2) of this rule. The owner and operator shall, within 14 days of selecting a remedy, submit to the director a proposed remedial action plan which is in compliance with part 201 of the act and which describes the selected remedy and how it meets the standards of part 201 of the act. The proposed remedial action plan shall be placed in the operating record.

(2) Remedies that are proposed by an owner or operator shall be in compliance with all of the following provisions:

(a) Be protective of human health and the environment.

(b) Be able to attain the groundwater protection standard as specified in R 299.4441.

(c) Control the source or sources of releases so as to reduce or eliminate, to the maximum extent practicable, further releases of R 299.4450 to R 299.4452 and appendix II constituents into the environment that may pose a threat to human health or the environment.

(d) Be in compliance with standards for the management of wastes as specified in R 299.4445(4).

(3) In selecting a remedy that is in compliance with the standards of subrule (2) of this rule, the owner or operator shall consider all of the following evaluation factors:

(a) The long- and short-term effectiveness and protectiveness of the potential remedy or remedies, together with the degree of certainty that the remedy will prove successful based on a consideration of all of the following:

(i) The magnitude of the reduction of existing risks.

(ii) The magnitude of residual risks in terms of the likelihood of further releases due to waste that remains after the implementation of a remedy.

(iii) The type and degree of long-term management required, including monitoring, operation, and maintenance.

(iv) Short-term risks that might be posed to the community, workers, or the environment during the implementation of a remedy, including the potential threats to human health and the environment that are associated with excavation, transportation, and the redisposal of contaminants.

(v) Time until full protection is achieved.

(vi) The potential for the exposure of humans and environmental receptors to remaining wastes, considering the potential threat to human health and the environment that is associated with excavation, transportation, redisposal, or containment.

(vii) The long-term reliability of the engineering and institutional controls.

(viii) The potential need for replacement of the remedy.

(b) The effectiveness of the remedy in controlling the source to reduce further releases based on a consideration of both of the following factors:

(i) The extent to which containment practices will reduce further releases.

(ii) The extent to which treatment technologies may be used.

(c) The ease or difficulty of implementing a potential remedy or remedies based on a consideration of all of the following types of factors:

(i) The degree of difficulty that is associated with constructing the technology.

(ii) The expected operational reliability of the technologies.

(iii) The need to coordinate with, and obtain necessary approvals and permits from, other agencies.

(iv) The availability of necessary equipment and specialists.

(v) The available capacity and location of needed treatment, storage, and disposal services.

(d) The practicable capability of the owner or operator, including a consideration of the technical and economic capability.

(e) The degree to which community concerns are addressed by a potential remedy or remedies.

(4) The owner and operator shall specify, as part of the remedial action plan, a schedule for initiating and completing remedial activities. The schedule shall require the initiation of remedial activities within a reasonable period of time approved by the director, taking into consideration the factors set forth in this subrule. The owner or operator shall consider all of the following factors in determining the schedule of remedial activities:

(a) The extent and nature of contamination.

(b) The practical capabilities of remedial technologies in achieving compliance with groundwater protection standards established pursuant to R 299.4441(9) and other objectives of the remedy.

(d) The desirability of utilizing technologies which are not currently available, but which may offer significant advantages over already available technologies in terms of effectiveness, reliability, safety, or ability to achieve remedial objectives.

(e) The potential risks to human health and the environment from exposure to contamination before completion of the remedy.

(f) The resource value of the aquifer, including all of the following information:

(i) The current and future uses.

(ii) The proximity and withdrawal rate of users.

(iii) The groundwater quantity and quality.

(iv) The potential damage to wildlife, crops, vegetation, and physical structures caused by exposure to waste constituent.

(v) The hydrogeologic characteristic of the facility and surrounding land.

(vi) Groundwater removal and treatment costs.

(vii) The cost and availability of alternative water supplies.

(g) The practicable capability of the owner or operator.

(h) Other relevant factors.

(5) The director shall not approve a remedial action plan that relies upon criteria other than the groundwater protection standard specified in the provisions of R 299.4441, unless the owner or operator demonstrates, to the satisfaction of the director, any of the following:

(a) The groundwater is additionally contaminated by substances that have originated from a source other than a unit and those substances are present in concentrations such that cleanup of the release from the unit would not provide a significant reduction in risk to actual or potential receptors.

(b) The constituent or constituents are present in groundwater that is neither of the following:

(i) Currently, or reasonably expected to be, a source of drinking water.

(ii) Hydraulically connected with waters to which the hazardous constituents are migrating or are likely to migrate in a concentration or concentrations that would exceed the groundwater protection standards established pursuant to R 299.4441.

(d) Remediation results in unacceptable cross-media impacts.

(6) A determination by the director pursuant to subrule (5) of this rule shall not affect the authority of the director to require the owner or operator to undertake source control measures or other measures that may be necessary to eliminate or minimize further releases to the groundwater, to prevent exposure to the groundwater, or to remediate the groundwater to concentrations that are technically practicable and significantly reduce threats to human health or the environment.

(7) The director shall evaluate proposed remedies utilizing the criteria specified in this rule and part 201 of the act.

**History**
- *History: 1993 AACS; 2005 AACS.*

##### **Mich. Admin. Code R 299.4445** Type II landfill corrective action; implementation of remedial action plan {#sec-r-299.4445 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4445}

Rule 445. (1) Based on the schedule established pursuant to R 299.4444 for the initiation and completion of remedial activities, the owner and operator shall do all of the following:

(a) Establish and implement a corrective action groundwater-monitoring program that is in compliance with all of the following provisions:

(i) At a minimum, meets the requirements of an assessment-monitoring program pursuant to R 299.4441.

(ii) Indicate the effectiveness of the corrective action remedy.

(iii) Demonstrate compliance with the groundwater protection standard.

(b) Implement the remedial action plan approved pursuant to R 299.4444.

(c) Take any interim response activities which are required by the director or which are otherwise necessary to ensure the protection of human health and the environment. Interim measures shall, to the greatest extent practicable, be consistent with the objectives, and contribute to the performance, of any remedy that may be required pursuant to R 299.4444.

All of the following factors shall be considered by an owner or operator in determining whether interim measures are necessary:

(i) The time that is required to develop and implement a final remedy.

(ii) The actual or potential exposure of nearby populations or environmental receptors to hazardous constituents.

(iii) The actual or potential contamination of drinking water supplies or sensitive ecosystems.

(iv) The further degradation of the groundwater that may occur if remedial action is not initiated expeditiously.

(v) The weather conditions that may cause hazardous constituents to migrate or be released.

(vi) The risks of fire or explosion, or the potential for exposure to hazardous constituents as a result of an accident or failure of a container or handling system.

(vii) Other situations that may pose threats to human health and the environment.

(2) An owner or operator may determine, based on information that is developed after the implementation of the remedy has begun or other information, that compliance with the requirements of R 299.4444 is not being achieved through the remedy selected. In such cases, the owner or operator shall implement other methods or techniques that could practicably achieve compliance with the requirements, unless the owner or operator makes the determination specified in subrule (3) of this rule.

(3) If the owner or operator determines that compliance with requirements of R 299.4444(2) cannot be practically achieved with any currently available methods, then the owner or operator shall do all of the following:

(a) Obtain the certification of a qualified groundwater scientist and the approval of the director that compliance with the requirements of R 299.4444(2) cannot be practically achieved with any currently available methods.

(b) Implement alternate measures to control the exposure of humans or the environment to residual contamination as necessary to protect human health and the environment.

(c) Implement alternate measures that are in compliance with both of the following provisions for controlling the sources of contamination or for removing or decontaminating equipment, units, devices, or structures:

(i) Are technically practicable.

(ii) Are consistent with the overall objective of the remedy.

(d) Notify the director within 14 days that a report which justifies the alternative measures before implementing the alternative measures has been placed in the operating record.

(4) All solid wastes that are managed pursuant to a remedy or an interim measure required pursuant to the provisions of R 299.4444 shall be managed in a manner that is in compliance with both of the following provisions:

(a) Is protective of human health and the environment.

(b) Is in compliance with applicable requirements of the act and these rules.

(5) Remedies that are selected pursuant to R 299.4444 shall be considered complete when the owner or operator complies with the groundwater protection standards established pursuant to R 299.4441 at all points within the plume of contamination and when all actions to complete the remedy have been satisfied. For purposes of these rules, compliance with the groundwater protection standards established pursuant to R 299.4441 has been achieved by demonstrating that concentrations of R 299.4450 to R 299.4452 and appendix II constituents have not exceeded the groundwater protection standards for a period of 3 consecutive years using the statistical procedures and performance standards specified in R 299.4908 or for an alternative length of time which is approved by the director and which takes into consideration all of the following factors:

(a) The extent and concentration of the releases.

(b) The behavior characteristics of the hazardous constituents in the groundwater.

(c) The accuracy of monitoring or modeling techniques, including any seasonal, meteorological, or other environmental variables that may affect the accuracy.

(d) The characteristics of the groundwater.

(6) Upon completion of the remedy, the owner and operator shall notify the director within 14 days that the remedy has been completed in compliance with the requirements of these rules and has been placed in the operating record. The certification shall be signed by the owner and operator and by a qualified groundwater scientist and shall be approved by the director.

(7) When, upon completion of the certification, the owner or operator determines that the corrective action remedy has been completed in accordance with the requirements of this rule, the owner and operator shall be released from the requirements for financial assurance for corrective action pursuant to the act and these rules.

(8) The owner and operator shall be responsible for obtaining permission to enter off-site property to complete a remedial action plan.

**History**
- *History: 1993 AACS; 2005 AACS.*

##### **Mich. Admin. Code R 299.4446** Type II landfill engineering plans; closure plans {#sec-r-299.4446 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4446}

Rule 446. (1) Effective October 9, 1993, the owner and operator of a type II landfill shall prepare detailed engineering plans and an engineering report that describes the steps necessary to close all units of the type II landfill at any point during its active life in accordance with the closure performance standards of these rules. The closure plan shall include all of the following information:

(a) An overall description of the methods, procedures, and processes that will be used to close each unit of the landfill in accordance with this rule.

(b) An estimate of the maximum extent of operation that will be open at any time during the active life of the landfill.

(d) A description of the final cover, including engineering plans and specifications.

(e) A schedule for completing all activities that are necessary to satisfy the final cover requirements of these rules.

(2) Any modifications to an approved closure plan shall be approved by the director.

(3) A copy of the most recent approved closure plan shall be kept at the facility or at an alternate location that is designated by the owner and operator until closure of the landfill has been certified in accordance with the provisions of R 299.4921 and the owner and operator have been released from the requirements for closure.

**History**
- *History: 1993 AACS.*

##### **Mich. Admin. Code R 299.4447** Type II landfill engineering plans; post-closure plan {#sec-r-299.4447 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4447}

Rule 447. (1) Effective October 9, 1993, the owner or operator of a type II landfill shall prepare a written post-closure plan that includes, at a minimum, all of the following information:

(a) A description of the monitoring and maintenance activities that are required for each unit, and the frequency at which these activities will be performed.

(b) Name, address, and telephone number of the person or office to contact about the facility during the post-closure period.

(c) A description of the planned uses of the property during the post-closure period. Postclosure use of the property shall not disturb the integrity of the final cover, liner or liners, or any other components of the containment system or the function of the monitoring systems unless necessary to comply with the requirements of these rules. The owner and operator shall not otherwise disturb the final cover, liner, or other component of the containment system or remove any waste unless the director has approved the disturbance based on a demonstration that it will not increase the potential threat to human health or the environment.

(2) The approved post-closure plan shall be placed in the operating record.

**History**
- *History: 1993 AACS.*

##### **Mich. Admin. Code R 299.4448** Type II landfill operation; partial and final closure {#sec-r-299.4448 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4448}

Rule 448. (1) The owner and operator of a type II landfill shall design and operate the landfill so as to bring the active fill area up to final grade as soon as possible. An owner or operator may partially close a unit or portion of a unit at such time as that portion reaches final grade.

(2) The owner and operator shall close each type II landfill unit in a manner that minimizes all of the following:

(a) Infiltration.

(b) Erosion.

(d) The post-closure formation and release of leachate and explosive gases to air, groundwater, or surface water to the extent necessary to protect human health and the environment.

(3) Before beginning the partial or final closure of each unit, an owner and operator shall notify the director that a notice of the intent to close the unit has been placed in the operating record.

(4) The owner and operator shall begin final closure activities of each unit not more than 30 days after the date on which the unit receives the known final receipt of wastes or, if the unit has remaining capacity and there is a reasonable likelihood that the unit will receive additional wastes, not more than 1 year after the most recent receipt of wastes..Extensions beyond the 1-year deadline for beginning final closure shall be granted by the director if the owner and operator demonstrate that the unit has the capacity to receive additional wastes and the owner or operator has taken and will continue to take all steps necessary to prevent threats to human health and the environment from the unclosed unit.

(5) The owner and operator of all type II landfills shall complete final closure activities of each unit in accordance with the closure plan within 180 days after the beginning of final closure as specified in subrule (4) of this rule. Extensions of the closure period shall be granted by the director if the owner and operator demonstrate that final closure will, of necessity, take more than 180 days and he or she has taken, and will continue to take, all steps to prevent threats to human health and the environment from the unclosed unit.

(6) Not more than 60 days after the partial or final closure of each type II landfill disposal unit, the owner and operator of such unit shall submit, to the director or his or her designee, certification by a registered professional engineer that verifies that closure has been completed in accordance with the approved closure plan. The certification shall include that information required by R 299.4921.

(7) The post-closure period shall begin on the date that the final closure of a unit is certified, unless the director has reason to believe that final closure has not been in accordance with the act, these rules, or the approved closure plan or that any partial closures have not been maintained in accordance with the provisions of R 299.4449. The director, or his or her designee, shall, within 60 days of receiving a final closure certification, provide the owner or operator with a written statement of the reason or reasons for the director's belief that closure has not been in accordance with the act, these rules, or the approved closure plan.

(8) The approved closure certification shall be placed in the operating record.

**History**
- *History: 1993 AACS.*

##### **Mich. Admin. Code R 299.4449** Type II landfill operation; post-closure {#sec-r-299.4449 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4449}

Rule 449. (1) After the final closure of each unit, the owner and operator of a type II landfill shall conduct post-closure care for not less than 30 years, which includes all of the following:

(a) Maintaining the integrity and effectiveness of any final cover, including repairs to the cover as necessary to correct the effects of settling, subsidence, erosion, or other events, and preventing run-on and runoff from eroding or otherwise damaging the final cover.

(b) Maintaining, operating, and monitoring the leachate collection system in accordance with the requirements specified in R 299.4423 and R 299.4432.

(d) Monitoring all secondary collection systems and leak detection systems in accordance with the requirements of R 299.4432.

(e) Maintaining and operating the gas monitoring and collection system in accordance with the requirements of R 299.4433.

(2) The owner and operator shall not remove any of the following from the facility without the approval of the director or his or her designee:

(a) Waste or waste residues, except leachate, gas, and gas condensate.

(b) The liner.

(3) After completion of the post-closure care period for each disposal unit, the owner and operator shall submit, to the director or his or her designee, certification which is signed by an independent registered professional engineer and which verifies that post-closure care has been completed in accordance with the act, these rules, and the post-closure plan.

(4) The director, or his or her designee, shall, within 60 days of receiving a post-closure certification, provide the owner or operator with a written statement of the reason or reasons for the director's belief that post-closure has not been in accordance with the act, these rules, or the approved post-closure plan. In such case, the post-closure period shall be extended until deficiencies are corrected and a post-closure is recertified.

(5) The approved post-closure certification shall be placed in the operating record.

**History**
- *History: 1993 AACS.*

##### **Mich. Admin. Code R 299.4450** Type II landfill monitoring; primary inorganic indicators {#sec-r-299.4450 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4450}

Rule 450. (1) All of the following constituents are primary inorganic indicators for purposes of monitoring type II landfills under this part, unless alternate inorganic indicators are approved under subrule (3) of this rule:

(a) Chlorides.

(b) Iron.

(d) Total inorganic nitrogen.

(e) Total dissolved solids.

(2) To be considered a primary inorganic indicator, both of the following conditions shall be met:

(a) The concentration of the constituent in leachate shall be high enough to ensure detection at the solid waste boundary in the event of a release from the unit.

(b) An appropriate statistical method that meets the requirements of R 299.4908 is available to ensure early detection in the event of a release from the unit.

(3) An owner and operator may, at their discretion, propose 1 or more constituents from R 299.4451 to replace 1 or more indicators listed in subrule (1) of this rule. The director shall approve the use of alternate indicators if the owner and operator demonstrate that the conditions of subrule (2) of this rule are met and the proposed alternates will detect leakage from the unit at least as effectively.

(4) The constituents listed in this rule shall be analyzed in accordance with methods contained in the publication entitled "Standard Methods for the Examination of Water and Wastewater, 19th edition," which is adopted by reference in R 299.4139 or by other methods approved by the director or his or her designee.

**History**
- *History: 1993 AACS; 1999 AACS.*

##### **Mich. Admin. Code R 299.4451** Type II landfill monitoring; alternate indicators {#sec-r-299.4451 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4451}

Rule 451. (1) The following constituents are alternate indicators for purposes of monitoring type II landfills under this part:

(a) Magnesium.

(b) Manganese.

(d) Sodium.

(e) Bicarbonate alkalinity.

(f) Carbonate alkalinity.

(g) Calcium.

(h) Phenolics.

(i) Cyanide.

(j) Total organic carbon.

(k) Chemical oxygen demand.

(l) Boron.

(2) A person may propose constituents other than those listed in this rule as an alternate indicator.

(3) The constituents listed in this rule shall be analyzed by methods specified in the EPA document entitled “Standard Methods for the Examination of Water and Wastewater, 19th edition,” which is adopted by reference in R 299.4139, or by other methods approved by the director or his or her designee.

**History**
- *History: 1993 AACS; 1999 AACS; 2005 AACS.*

##### **Mich. Admin. Code R 299.4452** Type II landfill monitoring; metals {#sec-r-299.4452 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4452}

Rule 452. (1) The constituents in this rule shall be considered heavy metals for purposes of type II landfill monitoring. Samples for the metals from groundwater or secondary collection systems shall be field-filtered before analysis, unless the director determines that filtered samples alone do not accurately measure the concentration of metals in the groundwater or in a secondary collection system at the facility. Samples of leachate shall not be filtered before analysis.

(2) The following metals shall be analyzed in accordance with subrule (3) of this rule:

(a) Antimony.

(b) Arsenic.

(d) Beryllium.

(e) Cadmium.

(f) Chromium.

(g) Cobalt.

(h) Copper.

(i) Lead.

(j) Nickel.

(k) Selenium.

(l) Silver.

(m) Thallium.

(n) Vanadium.

(o) Zinc.

(3) The metals listed in this rule shall be analyzed by methods that are contained in the publication entitled "Standard Methods for the Examination of Water and Wastewater, 19th edition," which is adopted by reference in R 299.4139 or by other methods approved by the director or his or her designee.

**History**
- *History: 1993 AACS; 1999 AACS.*

##### **Mich. Admin. Code R 299.4453** Type II landfill monitoring; primary volatile organic constituents {#sec-r-299.4453 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4453}

Rule 453. (1) The constituents specified in this rule are considered primary volatile organic constituents for purposes of type II landfill monitoring.

(2) The following are halogenated volatile organic constituents:

(a) Bromodichloromethane.

(b) Bromoform; tribromomethane.

(d) Chlorobenzene.

(e) Chloroethane; ethyl chloride.

(f) Chloroform; trichloromethane.

(g) Dibromochloromethane; chlorodibromomethane.

(h) o-Dichlorobenzene; 1,2-dichlorobenzene.

(i) p-Dichlorobenzene; 1,4-dichlorobenzene.

(j) 1,1-Dichloroethane; ethylidene chloride.

(k) 1,2-Dichloroethane; ethylene dichloride.

(l) 1,1-Dichloroethylene; 1,1-dichloroethene; vinylidene chloride.

(m) cis-1,2-Dichloroethylene; cis-1-2-dichloroethene.

(n) Trans-1,2-dichloroethylene; trans-1,2-dichloroethene.

(o) 1,2-Dichloropropane; propylene dichloride.

(p) cis-1,3-dichloropropene.

(q) Trans-1,3-dichloropropene.

(r) Methyl bromide; bromomethane.

(s) Methyl chloride; chloromethane.

(t) Methylene bromide; dibromomethane.

(u) Methylene chloride; dichloromethane.

(v) Methyl iodide; iodomethane.

(w) 1,1,1,2-Tetrachloroethane.

(x) 1,1,2,2-Tetrachloroethane.

(y) Tetrachloroethylene; tetrachloroethene; perchloroethylene.

(z) 1,1,1-Trichloroethane; methyl chloroform.

(aa) 1,1,2-Trichloroethane.

(bb) Trichloroethylene; trichloroethene.

(cc) Trichlorofluoromethane.

(dd) 1,2,3-Trichloropropane.

(ee) Vinyl chloride.

(3) All of the following are aromatic volatile organic constituents:

(a) Benzene.

(b) Ethyl benzene.

(d) Toluene.

(e) Xylenes.

(4) The constituents listed in this rule shall be analyzed using methods that are contained in the publication entitled “Standard Methods for the Examination of Water and Wastewater, 19th edition,” which is adopted by reference in R 299.4139, or by other methods approved by the director or his or her designee.

**History**
- *History: 1993 AACS; 1999 AACS; 2005 AACS.*

##### **Mich. Admin. Code R 299.4454** Type II landfill monitoring; secondary organic constituents {#sec-r-299.4454 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4454}

Rule 454. (1) The constituents specified in this rule are considered secondary volatile organic constituents for purposes of type II landfill monitoring.

(2) All of the following are secondary organic constituents:

(a) Acetone.

(b) Acrylonitrile.

(d) Carbon disulfide.

(e) 1,2-Dibromo-3-chloropropane; DBCP.

(f) 1,2-Dibromoethane; ethylene dibromide; EDB.

(g) Methyl ethyl ketone; 2-butanone.

(h) 4-Methyl-2-pentanone; methyl isobutyl ketone.

(i) Trans-1,4-dichloro-2-butene.

(j) 2-Hexanone; methyl butyl ketone.

(3) The constituents listed in this rule shall be analyzed using methods that are contained in the publication entitled "Standard Methods for the Examination of Water and Wastewater, 19th edition," which is adopted by reference in R 299.4139 or by other methods approved by the director or his or her designee.

PART 5. SOLID WASTE TRANSFER FACILITIES AND PROCESSING PLANTS

**History**
- *History: 1993 AACS; 1999 AACS.*

##### **Mich. Admin. Code R 299.4501** Facilities exempted from construction permit and license requirements; operating requirements for facilities exempted; facility classification; facilities licensed before effective date of act {#sec-r-299.4501 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4501}

Rule 501. (1) Transfer facilities are not subject to the construction permit and license requirements of the act if they are in compliance with the criteria of section 11529 of the act.

(2) A solid waste transfer facility that is exempted from licensure as a transfer facility shall be operated in accordance with R 299.4507 in a manner that does not create a nuisance or public health or environmental hazard.

(3) Based on design and type of refuse received, solid waste transfer facilities are classified as follows:

(a) A type A facility is a facility that is designed and operated to receive solid waste primarily from mechanically unloaded vehicles.

(b) A type B facility is a facility that is designed and operated to receive domestic and commercial solid waste from vehicles unloaded by hand.

(4) Transfer facilities and processing plants that are licensed before the effective date of the act are not required to apply for construction permits, except for facility expansion.

**History**
- *History: 1982 AACS; 1993 AACS; 1999 AACS.*

##### **Mich. Admin. Code R 299.4502** Existing transfer facilities and processing plants; review {#sec-r-299.4502 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4502}

Rule 502. Engineering plans and monitoring requirements for existing transfer facilities and processing plants shall be reviewed by the solid waste control agency to assure compliance with these rules. If determined to be deficient, a transfer facility or processing plant may be issued a timetable or schedule of remedial measures that will lead to compliance within a reasonable amount of time but not more than 2 years from the determination of deficiency.

**History**
- *History: 1982 AACS; 1993 AACS.*

##### **Mich. Admin. Code R 299.4503** Advisory analysis; purpose {#sec-r-299.4503 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4503}

Rule 503. The purpose of the advisory analysis before application is made for a construction permit is to inform the applicant of other permits which may be required for the proposed facility, such as air emissions, water discharge permits, or soil erosion and sedimentation control permits; to provide information on known conditions and other factors which may affect the proposed site; and to discuss the application and submission requirements and procedures.

**History**
- *History: 1982 AACS.*

##### **Mich. Admin. Code R 299.4504** Construction permits; requirements before issuance {#sec-r-299.4504 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4504}

Rule 504. (1) Before being issued a construction permit, an applicant shall do all of the following:

(a) Submit a hydrogeological report and monitoring program as specified by the director and obtain approval of the report and program.

(b) Submit engineering plans that are prepared and sealed by a registered professional engineer as required by act 299 and obtain approval of the plans. The plans shall include all of the following information:

(i) The specific location of the facility as shown on a vicinity map.

(ii) The location of public roadways, habitable structures, and places of public use on the site and on other properties that are influenced by the project.

(iii) The legal description and site boundaries.

(iv) The means of limiting access, including fencing, gates, natural barriers, or other methods.

(v) Details of an approved method of collecting, storing, and removing liquid wastes that result from the operation of the facility.

(vi) Details, drawings, and specifications of all structures, equipment, and site plans.

(vii) The general layout of equipment and a flow pattern.

(viii) A detailed description and statement, in paragraph form, of the facilities and procedures that are intended to handle salvage and heavy or bulky items, store solid waste, and control dust, odors, and fire.

(ix) The location of existing and proposed utilities that are available to the site.

(x) The method of volume reduction, if used, such as compacting, grinding, compression, or tamping equipment.

(xi) Daily cleanup procedures.

(xii) The types of solid waste to be handled.

(xiii) An explanation of how the facility is consistent with the approved solid waste management plan described in part 7 of these rules.

(xiv) Other details that are required by the director.

(i) A description of the existing environment.

(ii) The anticipated environmental impact of proposed action.

(iii) Alternatives considered.

(iv) Mitigating measures.

(2) In addition to the requirements of subrule (1) of this rule, an applicant for a processing plant construction permit shall submit all of the following information pertaining to engineering plans:

(a) Drawings and specifications of the site plan, including all of the following:

(i) Existing and proposed drainage patterns.

(ii) Utilities.

(iii) Structures and equipment.

(iv) Streams.

(v) Contours.

(vi) Significant environmental features.

(b) The layout of equipment and the flow pattern of wastes through the processing system.

(c) A detailed statement, in paragraph form, of the equipment, facilities, and procedures to be used in processing wastes to be handled at the plant, including the methods of separation and other processing.

(d) A description of the final disposition of residues, end products, and by-products.

(e) A description of the methods for maintaining noise and vibration at levels that do not create a public nuisance or a health hazard.

(f) Provision for routine maintenance of the plant and equipment.

(3) The owner and operator of a solid waste processing plant shall obtain the necessary air use permits under part 55 of the act before construction.

**History**
- *History: 1982 AACS; 1993 AACS; 1999 AACS.*

##### **Mich. Admin. Code R 299.4505** Special design and location requirements for transfer facilities and processing plants {#sec-r-299.4505 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4505}

Rule 505. (1) All facility containers shall be leakproof and shall be manufactured of ratproof material.

(2) A type A transfer facility shall consist of a building that has walls and a roof or shall be otherwise enclosed to satisfactorily control dust and papers.

(3) A solid waste transfer facility or processing plant shall not be located in a floodplain or wetland unless it meets all of the following requirements:

(a) The site does not encroach upon the floodway and will not increase upstream or downstream flood stages.

(b) The location can be substantiated through an environmental assessment which considers alternatives and which assures that all potentially negative impacts can be mitigated.

(c) The design will include a dike to preclude floodwater inundation with a top elevation that is not less than 5 feet above the 100-year floodplain.

(d) Where applicable, an applicant shall obtain a permit under parts 31 and 303 of the act.

(4) A solid waste transfer facility or processing plant that is located within 500 feet of a residence shall be obscured by a fence which is not less than 8 feet high and which is 75% screening if the residence is established before a construction permit for the facility is issued.

**History**
- *History: 1982 AACS; 1993 AACS; 1999 AACS.*

##### **Mich. Admin. Code R 299.4506** Licensing procedure; construction certification {#sec-r-299.4506 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4506}

Rule 506. Certification that construction has followed the plans and specifications required by the construction permit shall be made by a registered professional engineer before an operating license can be issued. Certification shall be submitted by the applicant, together with the license application form, bond, and license fee, to the solid waste control agency.

**History**
- *History: 1982 AACS; 1993 AACS.*

##### **Mich. Admin. Code R 299.4507** Transfer facility operating requirements; access; container removal; overnight storage; cleaning of facility; large, heavy, and bulky items; salvaging; equipment; containers; routine maintenance; insects and rodents; dust and odor; roads; noise and vibration; burning of solid waste prohibited; accidental fires {#sec-r-299.4507 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4507}

Rule 507. (1) Access to a solid waste transfer facility shall be limited to a time when a responsible individual is on duty, unless the director waives this requirement for cause.

(2) A notice that states the hours and days designated to receive solid waste shall be conspicuously posted at the entrance to the property where the facility is located.

(3) Containers shall be removed from a facility at least once per week, or more frequently if necessary, so as not to cause a nuisance or public health hazard, unless a longer period is approved by the director.

(4) Solid waste shall not be stored overnight at the facility, except in closed containers or in approved transporting units.

(5) The solid waste transfer facility shall be cleaned at least once each week that the facility is in use, or more frequently if necessary, so as not to cause a nuisance or public health hazard.

(6) Solid waste shall be confined to the unloading, loading, and handling area.

(7) The solid waste transfer facility shall be kept clean and free of litter.

(8) A large, heavy, or bulky item that cannot be handled in the routine operation of a transfer facility shall be excluded from the facility, unless special provisions are made for handling the item.

(9) Salvaging may be permitted if salvaged material is removed from the site at the end of each business day or is confined to a storage area that is approved by the solid waste control agency.

(10) Equipment which is adequate in size and quantity and which is in an operative condition shall be available at all times. If for any reason the facility is inoperable for more than 24 hours, an alternative method that is approved by the solid waste control agency shall be used to handle solid waste.

(11) A sufficient number of containers shall be available to preclude the storage in the building of excessive solid waste awaiting transfer. The overflow of solid waste from containers is not permitted.

(12) Adequate provision shall be made for the routine operational maintenance of the facility.

(13) Necessary operations of the transfer facility shall be performed in a manner that prevents the harborage and production of insects and rodents. Effective vector control measures shall be provided by the licensee when necessary.

(14) Dust and odor that results from the unloading of solid waste and the operation of the transfer facility shall be reasonably controlled at all times.

(15) The facility shall be easily accessible under all weather conditions, and roads shall be maintained to prevent a mud and dust nuisance.

(16) The operation of the facility shall be carried out in a manner that minimizes noise and vibration nuisance to adjoining property.

(17) Solid waste shall not be burned at the transfer facility.

(18) Solid waste which is burning or which is at a temperature likely to cause fire shall not be accepted in the transfer facility. Highly flammable or explosive materials shall not be accepted.

(19) Upon the request of the solid waste control agency, a licensee shall provide evidence of arrangements for adequate fire protection.

(20) A licensee shall ensure that accidental fires are extinguished.

**History**
- *History: 1982 AACS; 1993 AACS.*

##### **Mich. Admin. Code R 299.4508** Inspection requirements {#sec-r-299.4508 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4508}

Rule 508. The solid waste control agency shall make not less than quarterly inspections of the facility to insure continued compliance by the licensee. Following each inspection, the solid waste control agency shall submit to the licensee a written report containing any deficiencies and requirements for their correction. This rule does not preclude or exempt the issuance of a citation or notice of violation by a law enforcement officer or the director.

**History**
- *History: 1982 AACS.*

##### **Mich. Admin. Code R 299.4509** Processing plant operating requirements; plant access storage of solid waste; vector control; plant supervision; dust and odor; roadways; noise and vibration {#sec-r-299.4509 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4509}

Rule 509. (1) Access to a solid waste processing plant shall be limited to times when a responsible individual is on duty. A notice that states the hours designated to receive solid wastes shall be conspicuously posted at the entrance to the property.

(2) The storage of solid waste at a processing plant before processing shall be limited to containers, specially designed structures, or enclosed areas as approved in the license. The type and volume of solid waste stored for processing is limited to the type and volume specified in the construction permit application.

(3) A facility that is developed at the processing plant for the storage of salvaged materials shall be designed to permit periodic cleaning and shall be operated in a manner that does not cause a nuisance or a hazard to health.

(4) Solid waste at a processing plant shall be confined to the unloading, loading, handling, and storage areas.

(5) Solid waste which is burning or which is at a temperature likely to cause fire shall not be accepted in the processing plant.

(6) Favorable conditions for the harborage and production of insects, rodents, and birds shall be prevented. When necessary, supplemental vector control measures shall be initiated immediately by the operator of the processing plant.

(7) A processing plant shall be operated under the close supervision of a responsible individual.

(8) The processing plant attendant shall maintain a daily log of the quantity, composition, and origin of solid waste that is processed. A copy of the daily log that covers the previous 3 years shall be on file and shall be available to the director and to local units of government upon request.

(9) Dust and odors that result from the unloading of solid waste and the operation of a processing plant shall be reasonably controlled at all times.

(10) Roadways on the processing plant property shall be all-weather roads and shall be maintained to prevent a dust nuisance.

(11) The operation of the plant shall be carried out in a manner that prevents noise and vibration nuisance to adjoining property.

PART 6. SOLID WASTE TRANSPORTING UNITS

**History**
- *History: 1993 AACS.*

##### **Mich. Admin. Code R 299.4601** Construction; maintenance {#sec-r-299.4601 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4601}

Rule 601. (1) The waste-carrying portion of a solid waste transporting unit shall be designed to prevent the accidental discharge of its contents. The solid waste transporting unit shall have a suitable cover which prevents the loss of its contents and which is not easily torn, shredded, or broken under normal use.

(2) A solid waste transporting unit that fails to meet the requirements of these rules shall be repaired or its use shall be discontinued.

(3) A solid waste transporting unit shall be cleaned at intervals frequent enough to maintain the unit in a sanitary condition, as free from disagreeable odor as possible, and so as not to cause a nuisance or vermin attraction. Wastewater generated from the cleaning operation shall be considered sewage and shall be treated accordingly.

**History**
- *History: 1982 AACS.*

##### **Mich. Admin. Code R 299.4602** Operation {#sec-r-299.4602 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4602}

Rule 602. (1) A solid waste transporting unit's openings shall be closed and doors or covers shall be secured by an adequate latch or restraining mechanism to keep them closed while transporting solid waste which may blow or fall off the vehicle. The driver shall be responsible for the proper positioning of the cover. A special covering shall be used where conditions require the control of odor, vermin, liquids, dust or smoke.

(2) A solid waste transporting unit shall be loaded in a manner that minimizes the spilling of materials.

(3) Where accidental spillage does occur from the solid waste transporting unit, the driver shall be responsible for assuring that the material is picked up as soon as possible and the area suitably cleaned.

(4) Where solid waste is purposely dumped from a solid waste transporting unit due to a hot load or fire, the fire shall be immediately extinguished by the most effective means and the area shall be properly cleaned as soon as reasonably possible.

(5) During the collection process, a solid waste transporting unit shall not be parked in a residential area longer than necessary to collect solid waste, unless it is parked more than 500 feet from adjacent residences. A solid waste transporting unit shall not be parked, stored or established at any location so as to cause a hazard to health or at any residentially zoned location so as to cause a nuisance.

PART 7. SOLID WASTE MANAGEMENT PLANS

**History**
- *History: 1982 AACS.*

##### **Mich. Admin. Code R 299.4701** Compliance with act and rules {#sec-r-299.4701 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4701}

Rule 701. The solid waste management plans required by section 11533 of the act shall comply with the act and all rules promulgated pursuant to the act. Regional and multicounty planning is encouraged. The director shall consider proposals for regional and multicounty plans if the proposals are in conformance with the act.

**History**
- *History: 1982 AACS; 2015 AACS.*

##### **Mich. Admin. Code R 299.4702** County solid waste management plan; designation of agency responsible for preparation of plan {#sec-r-299.4702 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4702}

Rule 702. (1) The director shall, within 2 weeks after the effective date of these rules, provide a form to each county on which the county shall indicate the county's intent to prepare or upgrade an existing solid waste management plan and designate an agency responsible for the preparation of the plan. As provided in section 11533(4) of the act, the municipalities within the county may file a notice of intent and designate the agency responsible for the preparation of the plan if the county fails to do so. In either case, the designated planning agency shall have the necessary expertise and the legal, financial, and institutional capabilities to prepare the plan. Designated planning agencies may include, but are not limited to, all of the following:

(a) Regional, county, or municipal planning commissions.

(b) Departments of public works.

(d) Drain commissioners.

(e) County executives.

(f) Solid waste disposal authorities.

(2) If a county files a notice of intent and the designated planning agency does not follow the work program or comply with the requirements of the act, the director shall review the reasons for nonperformance and may request that the municipalities within the county prepare a solid waste management plan.

(3) If the municipalities within a county file a notice of intent and the designated planning agency does not follow the work program or comply with the requirements of the act, the director shall review the reasons for nonperformance and may request that a regional solid waste management planning agency prepare a solid waste management plan.

(4) If a regional solid waste management planning agency files a notice of intent and does not follow the work program or comply with the requirements of the act, the director shall review the reasons for nonperformance and may prepare a solid waste management plan which shall be final.

(5) One year after the effective date of these rules, the director may, at his or her discretion, assume responsibility for the preparation of a solid waste management plan if the governmental unit that filed a notice of intent does not comply with the requirements of the act and these rules.

**History**
- *History: 1982 AACS; 2015 AACS.*

##### **Mich. Admin. Code R 299.4703** Planning committees; formation; membership; responsibilities {#sec-r-299.4703 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4703}

Rule 703. (1) The planning committee shall be formed pursuant to section 11534 of the act.

(2) Planning committee membership shall comply with all of the following requirements:

(a) The planning committee shall be formed in accordance with section 11534(2) of the act considering the definitions in part 1 of these rules, R 299.4103(e), R 299.4104(c), and R 299.4107(h). The 4 representatives appointed to the planning committee as representatives of the solid waste management industry shall, when possible, reside or conduct business within the county.

(b) The 2 representatives appointed to the planning committee from environmental interest groups shall be from organizations that are active within the county.

(d) The other 4 members of the planning committee shall be selected as specified in the act.

(e) Counties preparing a regional or multicounty solid waste management plan may jointly appoint a single planning committee.

(3) The planning committee shall do both of the following:

(a) Assist in the preparation of the plan by providing advice and consultation, which includes all of the following:

(i) Reviewing the designated planning agency's work program.

(ii) Identifying local policies and priorities.

(iii) Insuring coordination and public participation.

(iv) Advising counties or municipalities.

(v) Reviewing work elements.

(vi) Approving the plan.

(b) Assure that the designated planning agency is fulfilling all the requirements of the act and these rules as to both the content of the plan and the public participation. The committee shall notify the planning agency of any deficiencies. If the deficiencies are not worked out to the committee's satisfaction, then it shall inform the director and the governmental unit filing the notice of intent. The director or the governmental unit filing the notice of intent shall resolve any deficiencies.

**History**
- *History: 1982 AACS; 2015 AACS.*

##### **Mich. Admin. Code R 299.4704** Work program; preparation and submittal by designated planning agency; review by planning committee; copies {#sec-r-299.4704 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4704}

Rule 704. (1) Within 90 days after the official notification of funding availability to the county for solid waste management planning, as specified in part 8 of these rules, the designated planning agency shall submit a work program as described in R 299.4705.

(2) The designated planning agency shall prepare the work program pursuant to R 299.4705 and shall submit the work program to the planning committee for review.

(3) Concurrently, the designated planning agency shall submit the work program to the regional solid waste management planning agency for its review, comments, and suggestions.

(4) The planning committee shall review the work program and negotiate any changes with the designated planning agency within 15 days of the work program submittal.

(5) Upon review of the work program by the planning committee, the designated planning agency shall submit the work program, comments from the planning committee, and the comments from the regional solid waste management planning agency to the director for review and approval. The director shall have 30 days from receipt to approve or reject the work program.

(6) The designated planning agency shall, upon request, submit copies of the work program to municipalities, appropriate organizations, and adjacent counties.

**History**
- *History: 1982 AACS.*

##### **Mich. Admin. Code R 299.4705** Work program; contents {#sec-r-299.4705 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4705}

Rule 705. (1) The work program shall include a detailed description of tasks to be performed as needed to prepare the plan. Required plan contents are described in R 299.4711.

(2) The work program shall also include all of the following:

(a) A timetable for the accomplishment of tasks.

(b) A public participation element as described in R 299.4706, including a general schedule of public meetings, hearings, and other activities.

(d) Detailed staffing needs and responsibilities for plan preparation.

(e) Sources of funding for the local 20% funding required by the act.

**History**
- *History: 1982 AACS.*

##### **Mich. Admin. Code R 299.4706** Public participation programs {#sec-r-299.4706 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4706}

Rule 706. (1) The designated planning agency shall conduct a public participation program which shall encourage the participation and involvement of the public and municipalities in the development and implementation of the solid waste management plan.

(2) The designated planning agency shall maintain a mailing list of all municipalities, affected public agencies, the private sector, and all interested persons who request information regarding the plan.

(3) Time shall be reserved on the agenda at all public meetings for questions and comments from the general public.

(4) The public meetings shall be scheduled at a time convenient to the general public.

(5) The designated planning agency shall hold public meetings with the planning committee not less than quarterly each year during plan preparation.

(6) If the director prepares the plan, the extent of public participation shall be conducted pursuant to section 11538(e) of the act.

(7) The designated planning agency shall maintain at least 1 central repository where all documents related to the plan may be inspected by the public.

(8) Upon request, the designated planning agency shall submit specific tasks as outlined in the work program to all of the following for comment and advice:

(a) The planning committee.

(b) Municipalities.

(d) The regional solid waste management planning agency.

(e) Adjacent counties.

(f) Certified health departments.

**History**
- *History: 1982 AACS; 2015 AACS.*

##### **Mich. Admin. Code R 299.4707** Plan adoption; update procedures {#sec-r-299.4707 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4707}

Rule 707. (1) The designated planning agency shall follow the review procedures as established in section 11535(a) to (f) of the act.

(2) The designated planning agency shall allow a period of not less than 3 months for the review and comments on the proposed plan. The exact time limit shall be specified in the work program. After the prescribed review and comment period, all of the comments from the reviewing agencies shall be submitted with the plan to the governmental unit that filed the notice of intent.

(3) The designated planning agency shall conduct a public hearing on the proposed county solid waste management plan before formal adoption by the county, the municipalities, or the state, as required in section 11535(f) of the act. Before the public hearing, the planning committee shall review the plan and shall authorize its release for public hearing. After the public hearing, the designated planning agency shall prepare a transcript, a recording, or another complete record of the public hearing proceedings. The record may be copied at cost or may be inspected by the general public upon request.

(4) The designated planning agency shall revise the plan, if necessary, in response to public hearing comments and shall then submit the plan to the planning committee.

(5) After approval by the majority of the planning committee and within 30 days of closing of the public comment period, the plan shall be submitted for formal action to either the county board of commissioners or to the municipalities who voted in favor of preparing the plan.

**History**
- *History: 1982 AACS; 2015 AACS.*

##### **Mich. Admin. Code R 299.4708** Formal action {#sec-r-299.4708 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4708}

Rule 708. (1) If the county files a notice of intent under section 11533(3) of the act to prepare a solid waste management plan, then formal action has been fulfilled when the plan is approved by the planning committee and then approved by the county board of commissioners.

(2) If the municipalities within a county file a notice of intent under section 11533(4) of the act to prepare a solid waste management plan, then formal action has been fulfilled when the plan is approved by the planning committee and then is approved by a majority of those municipalities who voted in favor of filing a notice of intent to prepare a solid waste management plan.

(3) If the plan is disapproved under subrule (1) or (2) of this rule, the plan shall be returned to the planning committee along with the statement of the objections to the plan. The planning committee shall have 30 days to review the objections and return the plan to the county board of commissioners or to the majority of municipalities along with its recommendations. The county board of commissioner or a majority of municipalities who voted in favor of preparing the plan shall approve the plan, either as submitted or with changes and the reasons for the changes, and then shall submit the plan to all municipalities within the county.

(4) Before the plan may be submitted to the director for his or her approval, not less than 67% of the municipalities in the county shall approve the plan.

(5) A plan that is prepared by the regional solid waste management planning agency under section 11533(5) of the act shall be approved as follows:

(a) Within 30 days of closing of the public comment period, the regional solid waste planning agency shall submit the plan, together with any modifications and public comments and responses from the public hearing, to the county board of commissioners for their formal action.

(b) After the county board of commissioners has taken formal action, the plan shall be submitted to the governing bodies of all municipalities within the county for their approval.

(c) Not less than 67% of the municipalities shall approve the plan before submittal to the director for his or her approval.

**History**
- *History: 1982 AACS; 2015 AACS.*

##### **Mich. Admin. Code R 299.4709** Director's approval {#sec-r-299.4709 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4709}

Rule 709. (1) After 67% approval, the plan shall be submitted to the director for his or her approval. The director shall have 6 months to approve or disapprove the plan.

(2) If, after the plan has been adopted by the county board of commissioners, the majority of the municipalities who voted in favor of preparing the plan or the regional solid waste management planning agency and 67% of all the municipalities in the county do not approve the plan within the required time limit, the director shall prepare a plan for the county, including the municipalities who did not approve the plan, after reviewing the materials prepared by the planning agency and after providing for a meeting with those municipalities who did not approve the plan. The plan prepared by the director shall be final.

(3) A 5-year update of the plan shall be prepared as required in section 11533(2) of the act.

(4) An amendment of the plan shall follow the same procedures for review and adoption as the original plan and the updates. However, there is no required submittal date for an amendment, and the cost of the required public notice and required public hearings shall be borne by the person seeking the amendment.

**History**
- *History: 1982 AACS; 2015 AACS.*

##### **Mich. Admin. Code R 299.4710** Enforcement {#sec-r-299.4710 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4710}

Rule 710. (1) There are 2 areas of enforcement that are affected by the county solid waste management plans. The first is the issuance of permits and licenses and second is the validity of local ordinances.

(2) Two years after the approval of rules by the legislature or upon the director's approval of a county plan, whichever occurs first, a permit or license shall not be issued for a new facility unless that facility complies and is consistent with an approved solid waste management plan. If an approved solid waste management plan exists, the director shall review the plan and shall insure that the proposed facility complies and is consistent with the plan before a permit or license is issued. In reviewing the application for a new facility, the director shall consult with the designated planning agency to insure that the proposed facility complies with the approved solid waste management plan. If a proposed facility is not consistent or not in compliance with the approved solid waste management plan, then the applicant shall initiate an amendment to the plan if the applicant wishes to obtain a construction permit or operating license. If 2 years after the effective date of these rules an approved plan does not exist, the director shall not issue a permit or license for a new facility.

(3) As stated in section 11538(8)of the act, local ordinances which are not consistent with approved solid waste management plans are not enforceable.

**History**
- *History: 1982 AACS; 2015 AACS.*

##### **Mich. Admin. Code R 299.4711** Plan format and content {#sec-r-299.4711 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4711}

Rule 711. To comply with the requirements of the act and to be eligible for 80% state funding, county solid waste management plans shall be in compliance with the following general format and shall contain the following elements:

(a) An executive summary, which shall include all of the following:

(i) An overview.

(ii) Conclusions.

(iii) Selected alternatives.

(b) An introduction as follows:

(i) The introduction shall establish the goals and objectives for the prevention of adverse effects on the public health and the environment resulting from improper solid waste collection, transportation, processing, or disposal, including the protection of ground and surface water quality, air quality, and land quality.

(ii) The introduction shall also establish the goals and objectives for the maximum utilization of Michigan's solid waste through resource recovery, including source reduction and source separation.

(i) An inventory and description of all existing facilities where solid waste is being transferred, treated, processed, or disposed of, including all of the following:

(A) Physical location, size, and a delineation of private and public facilities.

(B) A description of solid waste type, volume, or weight received, and current capacity.

(ii) An evaluation of existing solid waste collection, management, processing, treatment, transportation, and disposal problems by type and volume, including residential and commercial solid waste, industrial sludges, pretreatment residues, municipal sewage sludge, air pollution control residue, and other solid wastes from industrial or municipal sources, but excluding hazardous wastes.

(iii) Demographics of the county, including the following:

(A) Current and projected population densities and centers for 5- and 10-year periods.

(B) Identification of current and projected centers of solid waste generation, including industrial wastes for 5- and 10-year periods.

(iv) Current and projected land development patterns and environmental conditions as related to solid waste management systems for 5- and 10-year periods.

(d) Solid waste management system alternatives shall address the problems identified in subdivision (c)(ii) of this rule and shall include both of the following:

(i) Solid waste management components, including all of the following:

(A) Resource conservation including source reduction.

(B) Resource recovery including source separation, materials, energy, and markets.

(D) Sanitary landfill.

(E) Collection.

(F) Transportation.

(G) Ultimate disposal area uses, including recreational potential.

(H) Institutional arrangements.

(ii) Development of alternative systems which address all the solid waste management components. Each alternative system shall evaluate public health, economic, environmental, siting, and energy impacts. Capital, operational, and maintenance costs shall be developed for each alternative system.

(e) Plan selection shall be based on all of the following:

(i) An evaluation and ranking of proposed alternative systems, including all of the following:

(A) Technical feasibility for 5- and 10-year periods.

(B) Economic feasibility for 5- and 10-year periods.

(D) Access to transportation networks to accommodate the development and operation of solid waste transporting, processing, and disposal facilities for 5- and 10-year periods.

(E) Effects on energy for 5- and 10-year periods; production possibilities and impacts of shortages on solid waste management systems.

(F) Environmental impacts over 5- and 10-year periods.

(G) Public acceptability.

(ii) The selected alternative shall meet all of the following requirements:

(A) Include the basis for selection, a summary of evaluation, and ranking.

(B) Include advantages and disadvantages of the selected plan for all of the following factors:

(1) Public health.

(2) Economics.

(3) Environmental effects.

(4) Energy use.

(5) Siting problems.

(C) Be capable of being developed and operated in compliance with state laws and rules of the department pertaining to the protection of the public health and environment considering the available land in the planning area and the technical feasibility of, and economic costs associated with, the alternative.

(D) Include a timetable for implementing the solid waste management plan.

(E) Be consistent with and utilize population, waste generation, and other planning information prepared under the provisions of section 208 of Public Law 92-500, 33 U.S.C. 1288.

(iii) Site requirements, including the following requirements:

(A) The selected alternative shall identify specific sites for solid waste disposal areas for the 5-year period subsequent to plan approval or update.

(B) If specific sites cannot be identified for the remainder of the 10-year period, the selected alternative shall include specific criteria that guarantee the siting of necessary solid waste disposal areas for the 10-year period subsequent to plan approval.

(C) A site for a solid waste disposal area that is located in one county, but serves another county, shall be identified in both county solid waste management plans.

(f) Management component. Each solid waste management plan prepared pursuant to the act shall contain a management component which identifies management responsibilities and institutional arrangements necessary for the implementation of technical alternatives.

At a minimum, this component shall contain all of the following:

(i) An identification of the existing structure of persons, municipalities, counties, and state and federal agencies responsible for solid waste management, including planning, implementation, enforcement, and an assessment of all of the following:

(A) Technical and administrative capabilities.

(B) Financial capabilities.

(ii) An identification of gaps and problem areas in the existing management system which must be addressed to permit implementation of the plan.

(iii) A recommended management system for plan implementation, which shall consist of all of the following elements:

(A) An identification of persons, municipalities, counties, and state and federal agencies assigned responsibilities under the plan, with a precise delineation of planning, implementation, and enforcement responsibilities, including legal, technical, and financial capability for all entities assigned responsibilities.

(B) A process for ensuring the ongoing involvement of and consultation with the regional solid waste management planning agency.

(C) A process for ensuring coordination with other related plans and programs within the planning area, including, but not limited to, land use plans, water quality plans, and air quality plans.

(D) An identification of necessary training and educational programs, including public education.

(E) A strategy for plan implementation, including the acceptance of responsibilities from all entities assigned a role within the management system.

(F) A financial program that identifies funding sources for entities assigned responsibilities under the plan.

(g) Documentation of public participation as follows:

(i) A record of attendance shall be maintained and included in an appendix to the plan.

(ii) Citizen concerns and questions shall be considered and responded to in the plan's appendix.

**History**
- *History: 1982 AACS; 2015 AACS.*

##### **Mich. Admin. Code R 299.4712** Municipalities; filing for a separate planning grant {#sec-r-299.4712 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4712}

Rule 712. A municipality that files for a separate planning grant under section 11547 of the act shall follow the same procedures and rules as a county in the preparation of a solid waste management plan, with the following exceptions:

(a) A municipality shall utilize, consult with, and receive advice from, the planning committee appointed by the county.

(b) A municipality shall consult and coordinate activities with the county designated planning agency.

(c) The county planning committee shall approve or disapprove the work program. If disapproved, the planning committee shall return the work program to the municipality with objections. The municipality shall, within 30 days, resubmit the work program with the necessary revisions.

(d) A municipality shall submit progress reports to the planning committee not less than quarterly.

PART 8. GRANTS

**History**
- *History: 1982 AACS; 2015 AACS.*

##### **Mich. Admin. Code R 299.4801** Certified health department grants; eligibility {#sec-r-299.4801 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4801}

Rule 801. (1) Only a health department that is certified under part 2 of these rules is eligible for state grants for the operation of solid waste management programs as provided in the act.

(2) The director shall request grant funds to certified health departments for a 1-year period coinciding with the state fiscal year. Funds shall be committed to certified health departments dependent on the amount appropriated by the legislature and on the amount negotiated with each certified health department as provided in R 299.4802.

(3) All eligible health departments shall receive an equal percentage of their negotiated personnel costs up to 100%, as determined by the available appropriated funds and the total amount of negotiated personnel costs.

**History**
- *History: 1982 AACS.*

##### **Mich. Admin. Code R 299.4802** Certified health department grants; performance contracts {#sec-r-299.4802 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4802}

Rule 802. (1) A performance contract shall be negotiated with each eligible health department. The performance contract shall determine the reasonable personnel costs necessary for the certified health department to perform a solid waste management program. The reasonable personnel costs include all direct costs attributable to performance agreed to in the contract.

(2) If the director and an eligible health department are unable to reach agreement in contract negotiations carried out pursuant to subrule (1) of this rule, either party may elect not to enter into the contract.

**History**
- *History: 1982 AACS.*

##### **Mich. Admin. Code R 299.4803** Certified health department grants; recordkeeping; payment schedule; unobligated funds {#sec-r-299.4803 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4803}

Rule 803. (1) To substantiate appropriate expenditure of grant funds and to provide documentation of the level of work effort for future performance contract negotiations, the grantee shall keep records of receipts of grant funds and application fees, costs attributable to the operation of the solid waste management program, and expenditures of grant funds and application fee funds. Such records shall be available for inspection by state auditors during regular business hours without advance notice.

(2) Unless negotiated otherwise, payments shall be made at the end of each 3-month period of operation and upon receipt of a quarterly report of expenditures.

(3) Any unobligated grant funds shall be made available to a health department which is eligible for certification, but which has not received a funding grant.

**History**
- *History: 1982 AACS.*

##### **Mich. Admin. Code R 299.4804** Solid waste management planning grants; eligibility {#sec-r-299.4804 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4804}

Rule 804. Only a designated planning agency that meets the requirements set forth in part 7 of these rules is eligible to receive a solid waste management planning grant.

**History**
- *History: 1982 AACS.*

##### **Mich. Admin. Code R 299.4805** Solid waste management planning grants; work program {#sec-r-299.4805 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4805}

Rule 805. (1) For each fiscal year in which funding is available, the director shall prepare an official notice of funding availability for each county for solid waste management planning. The computation for each county shall be done according to the formula established in R 299.4806(1). The official notice shall be sent to each county.

(2) The director shall review each work program prepared pursuant to R 299.4704 and R 299.4705 and shall accept or reject it for grant consideration. A rejected work program shall be returned to the applicant with the reasons for rejection. An applicant shall have 1 month from the date of rejection to revise the work program and to submit it for reevaluation.

(3) A work program that is not submitted within the time periods allowed in R 299.4704 and R 299.4705 or that is rejected after reevaluation as provided by subrule (2) of this rule shall cause the designated planning agency to be excluded from consideration for a grant award. Funds available for preparation of the county plan shall be held for use by the agency designated pursuant to the provisions contained in R 299.4702(2) to (5).

(4) The cost of preparation of the work program is eligible for grant cost sharing if the work program is approved and if a grant is made for preparation of the solid waste management plan.

**History**
- *History: 1982 AACS.*

##### **Mich. Admin. Code R 299.4806** Solid waste management planning grants; funding formula; funding of municipalities joined together by interlocal agreement; funding of work programs; amendments to plans {#sec-r-299.4806 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4806}

Rule 806. (1) One-half of the appropriated funds for county solid waste planning grants in any 1 state fiscal year shall be equally divided among the counties as fixed grants. Onehalf of the appropriated funds shall be proportionally divided among the counties as population proportioned grants based upon the most recently adopted department of management and budget population totals. Therefore, the total grant funding available for solid waste management planning in each county is determined by the following formula:

A 83 +

A x PC PT  where: PC = Current county population PT = Total current state population (equal to the total of the 83 county populations).

A = Total appropriated funds.

(2) Municipalities that are joined together by interlocal agreement as provided by section 11547(1) of the act shall be funded from the grant funds available to the counties in which they are located in an amount proportional to their population as compared to the total current county population.

(3) Each of the counties affected by inclusion of a municipality in the plan of an adjacent county as provided by section 11536(1) of the act shall have its population adjusted to account for the gained or lost population for the purpose of calculation of the grant.

(4) A grant offer for preparation of a county solid waste management plan shall not be more than 80% of the total cost of the plan which is not covered by federal funds.

(5) A work program that is submitted to fund the initiation and completion of an original solid waste management plan required by the act shall receive funding before work programs for updating previously approved plans.

(6) An amendment to an approved solid waste management plan is not eligible for state grant funding.

(7) A work program that is partially funded may be annually updated to reflect the amount of work accomplished, changes in projected project costs for each work element, and the cost of completion of the plan, but may not be changed to revise the scope of the project.

An updated work program is eligible for continued funding from each annual appropriation until the full 80% state funding has been granted.

**History**
- *History: 1982 AACS; 2015 AACS.*

##### **Mich. Admin. Code R 299.4807** Solid waste management planning grants; payment; grantee portion of total plan cost; recordkeeping; unobligated funds {#sec-r-299.4807 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4807}

Rule 807. (1) Grant payments shall be made quarterly after the grant offer and its terms have been accepted by the grantee. The director may withhold payment if the grantee does not uphold the terms of the grant or does not meet the timetable for the accomplishment of tasks submitted under R 299.4705(2)(a).

(2) The grantee portion of the total plan development cost shall be expended concurrently with the expenditure of state grant funds. The cost of preparation of the work program, if done only with grantee funds, shall be considered an advance payment towards the grantee portion of the total plan preparation cost.

(3) The grantee shall keep records of receipt and expenditure of all funds used in the plan preparation. Such records shall clearly show that the grant is utilized solely on the plan preparation costs as detailed in the approved work program and that the grantee cost contribution is made and utilized on the project.

(4) Accounting records that are maintained as provided in subrule (3) of this rule shall be available for inspection by the director or his or her authorized representative during regular business hours.

(5) Unobligated grant funds shall be made available to other grantees. Such redistribution shall be proportioned to maximize the output of plan preparation tasks as determined by the director.

PART 9. LANDFILL CONSTRUCTION PERMITS AND OPERATING

LICENSES

**History**
- *History: 1982 AACS.*

##### **Mich. Admin. Code R 299.4901** Advisory analysis; purpose {#sec-r-299.4901 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4901}

Rule 901. The purpose of the advisory analysis before application is made for a landfill construction permit under section 11510 of the act is to do all of the following:

(a) To inform the applicant of other permits that may be required for the proposed disposal area, such as air emission and water discharge permits or soil erosion and sedimentation control permits.

(b) To provide information on known conditions that may affect the proposed site.

(d) To comment on any work plans that are submitted by the applicant to complete the hydrogeological study or other work that is required to complete a construction permit application.

**History**
- *History: 1993 AACS; 1999 AACS.*

##### **Mich. Admin. Code R 299.4902** Landfill construction permit applications; content {#sec-r-299.4902 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4902}

Rule 902. (1) A construction permit application for a landfill shall include 3 copies of all of the following information:

(a) All of the following general information on a form provided by the director:

(i) The name and location of the facility.

(ii) The name and address of the operator, including the name and telephone number of a contact person for the operator.

(iii) The name and address of the property owner and any mineral rights owners, including a name and telephone number of a contact person for the property owner.

(iv) The type of disposal area and application type proposed.

(v) The type of waste proposed for disposal.

(vi) The number of acres and design capacity applied for. for horizontal and vertical expansions, the application shall also specify existing permitted acreage, design capacity, and capacity remaining.

(vii) The amount of the application fee.

(viii) The signature of the owner and proposed operator.

(b) Construction permit application fees specified by the act.

(d) A hydrogeological report that is in compliance with R 299.4904.

(e) A hydrogeological monitoring plan that is in compliance with R 299.4905.

(f) Topographic maps that are in compliance with R 299.4909.

(g) Engineering plans and engineering reports, as specified in R 299.4910.

(h) The operation plans specified in R 299.4911.

(i) The construction quality assurance plans specified in R 299.4916.

(2) To demonstrate consistency with the approved county solid waste management plan, an applicant for a construction permit application for a landfill shall include either of the following with the application:

(a) A letter, resolution, or other document from the body designated in the approved county solid waste management plan that indicates that the proposed disposal area is consistent with the approved county solid waste management plan.

(b) If the county determines that a disposal area is inconsistent with the approved plan, or if the planning agency refuses to provide a document in accordance with subdivision (a) of this subrule, documentation of this finding or refusal and a statement from the owner or operator that describes why he or she believes that the proposed disposal area is consistent with the county plan based on the requirements of the plan.

(3) A construction permit application for any landfill facility that has been determined, by the hydrogeological report under R 299.4904 or otherwise, to be a source or probable source of groundwater contamination shall include a remedial action plan that is in compliance with part 201 of the act and these rules.

**History**
- *History: 1993 AACS; 1999 AACS.*

##### **Mich. Admin. Code R 299.4903** Landfill environmental assessment; contents {#sec-r-299.4903 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4903}

Rule 903. (1) An environmental assessment for a landfill shall satisfy all of the following requirements:

(a) Document consistency with the county solid waste plan.

(b) Identify necessary state and federal permits.

(d) Demonstrate compliance with the performance standards for surface water, groundwater, and air quality specified in these rules.

(2) An environmental assessment shall contain all of the following information:

(a) A description of the proposed facility, including all of the following:

(i) The type and size of the disposal area.

(ii) The public roads to be used to access the facility.

(iii) The anticipated volume of waste to be received per day.

(iv) The anticipated counties to be served.

(v) The anticipated useful life of the facility.

(b) A description of the existing environment, including all of the following:

(i) The existing topography, land use, and residences that surround the facility, which shall be shown on maps as specified in subrule (3) of this rule.

(ii) Existing air quality, including a wind rose from the closest available station.

(iii) The hydrology, including both of the following records from the nearest available station:

(A) The magnitude of the 24-hour, 25-year storm.

(B) The average annual rainfall.

(iv) The maximum floodplain elevation of surface waters proximate to the facility.

(v) A list of any endangered or threatened species whose range lies within the property boundaries of the facility.

(vi) A list of historic or archaeological sites proximate to the property boundary, including any listed on the state or natural register of historic places.

(vii) A list of any known sites of environmental contamination, proximate to the facility, including sites that are listed under part 201 of the act.

(viii) Identification of any significant public resource within or adjacent to the proposed facility boundary.

(ix) Identification of any airports within 10,000 feet of the facility.

(c) A listing of required governmental permits and licenses that are required for the disposal area and interrelationship with other solid waste projects.

(d) A statement of the anticipated environmental impacts of the project. The statement shall elaborate on the impact on each component of the environment that is included in the description of the existing environment.

(e) A listing of alternative actions to achieve waste disposal in the county or region, including all of the following:

(i) Alternatives considered.

(ii) Quantitative and qualitative descriptions of each alternative in terms of both positive and negative economic and environmental impacts.

(iii) The alternative of no action.

(f) A summary statement on the unavoidable adverse impacts.

(g) A statement of protective and corrective measures that will be taken to reduce and mitigate adverse impacts to acceptable levels.

(3) In addition to the information specified in subrule (1) of this rule, an environmental assessment shall include all of the following graphic displays and references:

(a) Maps that show the location of the proposed action, if applicable, with respect to communities or features that are readily identifiable as locations in the state. Maps shall be of a reasonable size, preferably 8 by 11 inches, or of a size that can easily be incorporated in a standard statement. A map or maps shall be provided that show the location of the project within the state, within the region, and within the immediate environmental setting of the project.

(b) Maps, diagrams, or photographs that illustrate the relationship of the disposal area to the environmental element or elements being impacted.

(c) References to the literature or other sources of information from which data in the environmental impact statement is taken and upon which conclusions are based.

**History**
- *History: 1993 AACS; 1999 AACS.*

##### **Mich. Admin. Code R 299.4904** Contents of a hydrogeological report {#sec-r-299.4904 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4904}

Rule 904. (1) The purpose of a hydrogeological report for a landfill is to do all of the following:

(a) To determine existing groundwater quality, including the areal and vertical extent of any groundwater contamination.

(b) To determine background groundwater quality in the uppermost aquifer.

(c) To determine the groundwater level and to determine compliance with the groundwater isolation requirements of these rules and, if necessary, to define engineering modifications to reduce the groundwater level.

(d) To define a proposed groundwater monitoring program.

(e) To define all of the following aquifers:

(i) The uppermost aquifer and aquifers that are hydraulically interconnected to the uppermost aquifer beneath the facility property.

(ii) Any aquifer that is utilized by type I and type IIa public water supplies, as defined in R 325.10502, within 1/2 mile of the proposed active work area.

(iii) Any aquifer that is utilized by type IIb and type III public water supplies, as defined in R 325.10502, within 1,000 feet of the proposed active work area.

(f) To define the areal and vertical extent of the site earth materials under the proposed facility.

(2) Hydrogeological studies shall be prepared by, or under the direction of, a qualified groundwater scientist or geologist.

(3) A determination of hydrogeological conditions shall cover sufficient area to allow for a definition of the potential impact of the landfill on groundwater.

(4) A hydrogeological report for a landfill or other disposal area shall include all of the following:

(a) A determination of the background groundwater quality.

(b) A map of the site and surrounding area which is drawn to scale and which shows all of the following:

(i) The distance to existing wells and the properties in the surrounding area that have potential for groundwater supplies. The map shall identify all soil borings and wells at the facility and within 1/2 mile of the site, including all domestic, municipal, industrial, oil, and gas wells for which copies of logs are available in the public record.

(ii) Existing lakes or ponds.

(iii) Streams, springs, or wetlands.

(iv) The direction of surface drainage and the direction of groundwater movement in the site area.

(v) The locations of borings, observation wells, and other well data used in the report.

(vi) The topography, including predominant topographic features.

(vii) The location of any existing open dump, underground storage tank, or other known or potential source of groundwater contamination.

(c) Observation well records or soil borings to locate and identify aquifers beneath the facility property. All of the following shall be identified:

(i) Depth to the groundwater.

(ii) Aquifer thickness.

(iii) Vertical and horizontal groundwater flow directions.

(iv) Vertical and horizontal flow rates.

(d) A groundwater elevation map which is based on stabilized water level readings, which uses values contoured on an interval of not more than 1 foot, and which is referenced to United States geological survey datum. Data shall be included to determine both of the following:

(i) Groundwater flow direction and possible variations in groundwater flow direction.

(ii) Depth to the groundwater.

(e) Evaluation of site earth materials. The evaluation shall be based on soil boring logs and the results of soil sampling from the borings to define soil and groundwater conditions at the site, including bedrock characteristics, if bedrock exists, within 50 feet of the proposed base of the fill. All of the following procedures shall be utilized in collecting this data:

(i) Soil samples shall be collected by standard soil sampling techniques.Representative uncomposited soil samples shall be tested for by all of the following methods, unless other methods are approved by the director:

(A) The particle size distribution, by both sieve and hydrometer.

(B) For cohesive soils, the Atterberg limits under ASTM D4318-94, which is adopted by reference in R 299.4135.

(C) The classification under the unified soil classification system, under ASTM D2487- 93, which is adopted by reference in R 299.4135.

(D) Undisturbed hydraulic conductivity under the methods approved in R 299.4920.

(ii) Boring logs shall include all of the following information:

(A) Soil and rock descriptions.

(B) Methods of sampling.

(D) Date of boring.

(E) Water level measurements at the time of the boring.

(F) Soil test data.

(G) Boring locations.

(iii) All soil borings that are not converted to observation wells shall be carefully backfilled with bentonite or cement grout, plugged, and recorded under part 625 of the act.

(iv) All elevations shall be referenced to United States geological survey datum.

(f) A series of geologic cross-sections or fence diagrams that pass through representative borings and illustrate all of the following:

(i) Existing topography.

(ii) Soil borings.

(iii) Soil classification.

(iv) Stratigraphy.

(v) Bedrock.

(vi) Wells.

(vii) Stabilized water level readings.

(viii) Proposed site grades.

All of the data specified in this subdivision shall be referenced to a site map that shows the locations of all wells and borings.

(g) The nature, extent, and consequence of any mounding that results from the diversion of infiltration and surface water runoff, both during the active life of the facility and during the postclosure period.

(h) A description of any proposed engineering modifications intended to modify groundwater level.

(i) A determination of the horizontal and vertical flow system, and diagrams that illustrate horizontal and vertical flow directions of groundwater.

(j) A proposed hydrogeologic monitoring plan that is in compliance with R 299.4905.

(k) A compilation and interpretation of data, maps, and charts based on site conditions to support the conclusions and recommendations of the report.

**History**
- *History: 1993 AACS; 1999 AACS.*

##### **Mich. Admin. Code R 299.4905** Landfill hydrogeologic monitoring plan {#sec-r-299.4905 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4905}

Rule 905. (1) A hydrogeologic monitoring plan for a landfill shall indicate how the owner and operator proposes to comply with the applicable groundwater monitoring requirements of these rules. The plan shall include monitoring of all of the following components:

(a) A proposed groundwater monitoring well system that is in compliance with the provisions of R 299.4906.

(b) A program for monitoring the leachate and the secondary collection system of a landfill, as specified in R 299.4432, if such a system is required by these rules.

(2) A hydrogeological monitoring plan shall include all of the following specific information:

(a) The locations to be sampled.

(b) A list of constituents or parameters to be sampled and the frequency of sampling.

(c) Identification of the sampling and analysis procedures to be used for each constituent or parameter proposed. Sampling and analytical procedures shall be designed to ensure monitoring results that provide an accurate representation of groundwater quality at the monitoring wells. The proposed monitoring program shall include procedures and techniques for all of the following:

(i) Sample collection.

(ii) Sample preservation and shipment.

(iii) Analytical procedures, including the method detection limit for the procedure specified.

(iv) Chain of custody control.

(v) Laboratory and field quality assurance and quality control procedures.

(vi) Procedures for preventing cross-contamination in wells during well installation, purging, and sampling.

(d) Statistical procedures for evaluating data that are in compliance with the provisions of R 299.4908.

**History**
- *History: 1993 AACS.*

##### **Mich. Admin. Code R 299.4906** Landfill groundwater monitoring; systems {#sec-r-299.4906 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4906}

Rule 906. (1) A landfill groundwater monitoring system shall be installed and shall consist of a sufficient number of wells, installed at appropriate locations and depths, to yield groundwater samples from the uppermost aquifer that are in compliance with both of the following provisions:

(a) Represent the quality of background groundwater that has not been affected by leakage from a unit. A determination of background groundwater quality may include sampling of wells that are not hydraulically upgradient of the waste management area where either of the following conditions exist:

(i) Hydrogeologic conditions do not allow the owner or operator to determine that wells are hydraulically upgradient.

(ii) Sampling at other wells will provide an indication of background groundwater quality that is as representative or more representative than that provided by the upgradient wells.

In cases where the director has approved the sampling of wells that are not upgradient to determine background groundwater quality, the owner and operator shall maintain 1 or more upgradient wells to verify that the alternate wells are as or more representative.

(b) Represent the quality of groundwater hydraulically downgradient of the solid waste boundary and ensure detection of groundwater contamination in the uppermost aquifer and other groundwater specified by the director. When physical obstacles preclude the installation of groundwater monitoring wells at the solid waste boundary, the downgradient monitoring system shall be installed at the closest practicable distance hydraulically downgradient from the solid waste boundary to ensure detection of groundwater contamination in the uppermost aquifer and other groundwater specified by the director.

(2) The director may approve a multiunit groundwater monitoring system instead of separate groundwater monitoring systems for each type II landfill unit when the facility has several discrete units, if both of the following conditions are met:

(a) Groundwater monitoring wells are not more than 150 meters from the solid waste boundary of each unit and are located on land that is owned by the owner of the unit.

(b) The multiunit groundwater monitoring system is in compliance with the requirements of subrule (1) of this rule and will be as protective of human health and the environment as individual monitoring systems for each unit, based on the following factors:

(i) The number, spacing, and orientation of the units.

(ii) The hydrogeologic setting.

(iii) The site history.

(iv) The engineering design of the units.

(v) The type of waste accepted at the units.

(3) Monitoring wells shall be cased in a manner that maintains the integrity of the monitoring well bore hole. The casing shall be screened or perforated and packed with gravel or sand, where necessary, to enable the collecting of groundwater samples. The annular space between the bore hole and well casing above the sampling depth shall be sealed to prevent the contamination of samples and the groundwater.

(4) The owner and operator shall notify the director that documentation of the design, installation, development, and decommission of any monitoring wells, piezometers, and other measurement, sampling, and analytical devices has been placed in the operating record.

(5) All monitoring wells, piezometers, and other measurement, sampling, and analytical devices shall be designed, operated, and maintained so that they perform to design specifications throughout the life of the monitoring program.

(6) All monitoring wells shall be designed to minimize the time that is necessary to recharge the well, given the hydraulic conductivity of the aquifer.

(7) The number, spacing, and depths of monitoring systems shall be in compliance with all of the following provisions:

(a) Be based upon site-specific technical information, including a thorough characterization of both of the following:

(i) The uppermost aquifer, including all of the following information:

(A) Aquifer thickness.

(B) Groundwater flow rate.

(ii) Saturated and unsaturated geologic units and fill materials that overlie the uppermost aquifer, materials that comprise the uppermost aquifer, and materials that comprise the confining unit defining the lower boundary of the uppermost aquifer, including all of the following information:

(A) Thicknesses.

(B) Stratigraphy.

(D) Hydraulic conductivities.

(E) Porosities.

(F) Effective porosities.

(b) Be certified by a geologist.

(c) Be approved by the director. Within 14 days of the approval, the owner or operator shall notify the director that the certification and approval have been placed in the operating record.

(8) All wells shall be clearly labeled and shall be properly vented, capped, and locked when not in use. All wells shall be visible throughout the year.

(9) The owner or operator shall not undertake well replacement, plugging, abandonment, or repair without the approval of the director or his or her designee.

**History**
- *History: 1993 AACS; 1999 AACS.*

##### **Mich. Admin. Code R 299.4907** Landfill groundwater monitoring; sampling and analysis requirements {#sec-r-299.4907 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4907}

Rule 907. (1) The groundwater-monitoring program for a landfill shall include consistent sampling and analysis procedures that are designed to ensure monitoring results that provide an accurate representation of groundwater quality at the background and downgradient wells that are installed in compliance with R 299.4906. The owner or operator shall notify the director that the sampling and analysis program documentation has been placed in the operating record and that the program shall include procedures and techniques for all of the following:

(a) Sample collection.

(b) Sample preservation and shipment.

(d) Chain of custody control.

(e) Quality assurance and quality control.

(2) The groundwater-monitoring program shall include sampling and analytical methods that are appropriate for groundwater sampling and that accurately measure hazardous constituents and other monitoring parameters in groundwater samples. Groundwater samples for metals shall be field-filtered before laboratory analysis, unless filtered samples alone will not accurately measure the concentration of metals in the given geologic setting, such as in permeable soils and karst terrains.

(3) The sampling procedures and frequency shall be protective of human health and the environment.

(4) Analytical methods that are used for groundwater monitoring samples shall be those specified in R 299.4450 to R 299.4454 and shall achieve practical quantitation limits approved by the director.

(5) Groundwater elevations shall be measured in each well immediately before purging each time groundwater is sampled. The owner or operator shall determine the rate and direction of groundwater flow each time groundwater is sampled. Groundwater elevations in wells that monitor the same disposal area shall be measured within a period of time that is short enough to avoid temporal variations in groundwater flow which could preclude an accurate determination of groundwater flow rate and direction.

(6) Groundwater elevations shall be determined by methods that are precise to 1/8 of an inch or 0.01 feet, as measured from the top of the well casing. The top of the well casing shall be related to a permanent reference point using United States geological survey datum.

(7) The owner and operator shall establish background groundwater quality in a hydraulically upgradient or background well or wells for each of the monitoring parameters or constituents that are required in the particular groundwater-monitoring program which applies to the unit, as determined under this part.

Background groundwater quality may be established at wells that are not located hydraulically upgradient from the unit if the well meets the requirements of R 299.4906(1)(a).

(8) The number of samples that are collected to establish groundwater quality data shall be consistent with the appropriate statistical procedures that are determined under R 299.4908. For type II landfills, the sampling procedures shall be those specified in R 299.4440 for detection monitoring, R 299.4441 for assessment monitoring, and R 299.4444 for remedial action.

(9) All samples that are obtained shall be representative of the site's groundwater quality.

To ensure a representative sample, before a sample for collection and analysis is obtained, each well shall be purged until dry or until not less than 3 times the amount of water in the well casing has been removed. Groundwater monitoring wells shall be sampled immediately after purging where recovery rates allow. Where detection monitoring wells are pumped dry during purging, samples shall be taken within 24 hours.

(10) If nondedicated pumps or mobile sampling equipment is used, the owner or operator shall use the following procedures to minimize the potential for the cross-contamination of samples:

(a) All groundwater-monitoring wells shall be sampled from upgradient to downgradient, except that monitoring wells that are located in areas of known groundwater contamination shall be sampled in order, from the least contaminated well to the most contaminated well.

(b) Each piece of equipment shall be thoroughly cleaned and rinsed with distilled water before use in each monitoring or detection well.

(11) The owner and operator of a landfill shall submit all monitoring results to the director or his or her designee not later than 30 days after the end of the calendar quarter. The data must be submitted in a form and format specified by the department.

(12) The owner and operator of a landfill shall sample and analyze groundwater in accordance with the publication entitled “Test Methods for Evaluating Solid Waste, Physical-Chemical Methods,” EPA publication SW-846, 3rd edition, which is adopted by reference in R 299.4133, the publication entitled “Standard Methods for the Examination of Water and Wastewater, 19th edition,” which is adopted by reference in R 299.4139, or by other methods approved by the director or his or her designee.

**History**
- *History: 1993 AACS; 1999 AACS; 2005 AACS.*

##### **Mich. Admin. Code R 299.4908** Landfill groundwater monitoring; statistical procedures {#sec-r-299.4908 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4908}

Rule 908. (1) The owner and operator of a landfill shall evaluate groundwater-monitoring data for each hazardous constituent, except pH and conductivity, using 1 of the following statistical tests:

(a) A parametric analysis of variance (ANOVA) followed by multiple comparisons procedures to identify statistically significant evidence of contamination. The method shall include estimation and testing of the contrasts between each compliance well's mean and the background mean levels for each constituent.

(b) An analysis of variance (ANOVA) based on ranks followed by multiple comparisons procedures to identify statistically significant evidence of contamination. The method shall include estimation and testing of the contrasts between each compliance well's median and the background median levels for each constituent.

(c) A tolerance or prediction interval procedure in which an interval for each constituent is established from the distribution of the background data and the level of each constituent in each compliance well is compared to the upper tolerance or prediction limit.

(d) A control chart approach that gives control limits for each constituent.

(e) Another statistical test method that is in compliance with the performance standards of subrule (2) of this rule. The owner or operator shall place a justification for this alternative in the operating record and notify the director of the use of this alternative test.

The justification shall demonstrate that the alternative method is in compliance with the performance standards of subrule (2) of this rule.

(2) Any statistical method chosen under subrule (1) of this rule shall be in compliance with all of the following performance standards:

(a) The statistical method used to evaluate groundwater-monitoring data shall be appropriate for the distribution of chemical parameters or hazardous constituents. If the distribution of the chemical parameters or hazardous constituents is shown by the owner or operator to be inappropriate for a normal theory test, then the data shall be transformed or a distribution-free theory test shall be used. If the distributions for the constituents differ, more than 1 statistical method may be needed.

(b) If an individual well comparison procedure is used to compare an individual compliance well constituent concentration with background constituent concentrations or a groundwater protection standard, the test shall be done at a type I error level of not less than 0.01 for each testing period. If a multiple comparisons procedure is used, the type I experiment wise error rate for each testing period shall be not less than 0.05; however, the type I error of not less than 0.01 for individual well comparisons shall be maintained. This performance standard does not apply to tolerance intervals, prediction intervals, or control charts.

(c) If a control chart approach is used to evaluate groundwater-monitoring data, the specific type of control chart and its associated parameter values shall be protective of human health and the environment. The parameters shall be determined after considering the number of samples in the background database, the data distribution, and the range of the concentration values for each constituent of concern.

(d) If a tolerance interval or a predictional interval is used to evaluate groundwater monitoring data, then the levels of confidence and, for tolerance intervals, the percentage of the population that the interval must contain shall be protective of human health and the environment. These parameters shall be determined after considering the number of samples in the background database, the data distribution, and the range of the concentration values for each constituent of concern.

(e) The statistical method shall account for data below the limit of detection with 1 or more statistical procedures that are protective of human health and the environment. Any practical quantitation limit (PQL) that is used in the statistical method shall be the lowest concentration level that can be reliably achieved within specified limits of precision and accuracy during routine laboratory operating conditions that are available to the facility.

(f) If necessary, the statistical method shall include procedures to control or correct for seasonal and spatial variability as well as temporal correlation in the data.

(3) The statistical test chosen shall be specified in the operating record and shall be conducted separately for each hazardous constituent at each well.

(4) The owner or operator shall determine whether or not there is a statistically significant increase over background values for each parameter or constituent required in the particular groundwater-monitoring program that applies to the unit.

(5) In determining whether a statistically significant increase has occurred, the owner or operator shall compare the groundwater quality of each parameter or constituent at each monitoring well that is designated under R 299.4906 to the background value of that constituent, according to the statistical procedures and performance standards specified in this rule.

(6) The owner or operator shall complete the statistical analysis at each monitoring well and submit the results within 30 days of the end of the calendar quarter in which sampling and analysis was conducted.

(7) Nothing in this rule prohibits the department from evaluating monitoring data using statistical procedures it deems appropriate at a given location.

(8) Verification sampling for any exceedance of the statistical limit must be completed within 90 days of the original sampling date.

**History**
- *History: 1993 AACS; 1999 AACS; 2005 AACS.*

##### **Mich. Admin. Code R 299.4909** Landfill engineering plans; topographic maps {#sec-r-299.4909 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4909}

Rule 909. (1) Engineering plans for a landfill shall include topographic maps that are referenced to United States geological survey datum at a scale of not more than 200 feet to the inch with contour intervals that clearly show the character of the land and land use within 1,500 feet of the solid waste disposal unit or units.

(2) Topographic maps that are required by this rule shall include all of the following:

(a) A legal description of the property included in the application.

(b) Proposed solid waste disposal units.

(d) Existing and known proposed utilities.

(e) Borrow areas.

(f) Surface waters, wetlands, or floodplains.

(g) Special drainage devices, if necessary.

(h) On-site roads.

(i) Public access roads.

(j) Fencing and other means of controlling access, such as gates and natural barriers.

(k) The location of all residences.

**History**
- *History: 1993 AACS; 1999 AACS.*

##### **Mich. Admin. Code R 299.4910** Landfill engineering plans; design plans and engineering reports {#sec-r-299.4910 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4910}

Rule 910. (1) Engineering plans for a landfill shall include detailed engineering plans of the proposed design and an engineering report that details all of the following for each disposal unit:

(a) Soils underlying each liner system, as specified in subrule (2) of this rule.

(b) Compacted soil liners or natural soil that is used in place of a compacted liner, as specified in subrule (3) of this rule.

(d) Primary leachate collection and removal systems, as specified in subrule (5) of this rule.

(e) Secondary leachate collection systems, as specified in subrule (6) of this rule.

(f) Dewatering systems, as specified in subrule (7) of this rule.

(g) Other control systems, as specified in subrule (8) of this rule.

(h) The final cover, as specified in a closure plan that is in compliance with R 299.4446.

(i) Postclosure maintenance and monitoring, as specified in a plan that is in compliance with R 299.4447.

(2) An engineering report on the characteristics of soils underlying any liner shall include all of the following information:

(a) A settlement analysis that estimates total and differential settlement, including immediate settlement, primary consolidation, and secondary consolidation based on maximum loading.

(b) A slope stability analysis.

(d) Calculations that show the potential for bottom heave or blowout.

(3) An engineering report on the soils that are likely to be used for any compacted or natural soil liner shall include all of the following information:

(a) The location and thickness of soils to be used for the compacted or natural soil liner.

(b) Copies of well or boring logs that document the soil deposit.

(d) For compacted soil liners, calculations which show that the volume of the source is sufficient for liner construction.

(4) An engineering report on any bentonite geocomposite or flexible membrane liner to be used shall include all of the following information:

(a) The methods of storage, handling, and installation, including any written instructions from the manufacturer, and procedures for complying with the quality control requirements of R 299.4914 and R 299.4915.

(b) The physical specifications of the liner material.

(c) The ability of liner material and scrim material, where applicable, to maintain physical properties under varying conditions of temperature, pH, ultraviolet radiation, biological attack, and prolonged leachate contact throughout the operating and postclosure life of the landfill.

(5) The engineering plans for a landfill shall contain an engineering report on the design of the leachate collection and removal system. The report shall include all of the following information:

(a) Specifications for the material to be used for the leachate collection system.

(b) The design of the collection pipe, including all of the following information:

(i) Diameter.

(ii) Perforations.

(iii) Slope.

(iv) Spacing.

(v) Leachate compatibility.

(vi) Structural integrity under static and dynamic loadings.

(d) Procedures to prevent clogging during construction and operation.

(e) Calculations to show that the leachate head will be 1 foot or less above the liner at any point in the system, except the sump.

(f) Provisions to remove obstructions from the system.

(g) Calculations to determine the anticipated volume of leachate to be generated.

(h) Information on the proposed method of disposal for the leachate collected.

(6) An engineering report on a secondary collection or leak detection system shall include the information specified in both of the following provisions:

(a) The information required under subrule (5) of this rule.

(b) The method of detecting, removing, and analyzing any leaks that are detected in the system.

(7) The engineering plans for a landfill shall contain an engineering report for any dewatering systems to be used. The report shall include all of the following information:

(a) Design calculations for the drain pipe diameter, slope, and spacing.

(b) Design features that allow cleaning.

(d) An evaluation of the structural suitability of underdrain pipe under both static and dynamic loadings.

(8) The engineering plans shall contain information on systems to control all of the following:

(a) Run-on.

(b) Runoff.

(d) Gas that is generated within the landfill.

(9) Engineering plans for a landfill shall be prepared and sealed by a professional engineer registered in the State of Michigan.

**History**
- *History: 1993 AACS; 1999 AACS.*

##### **Mich. Admin. Code R 299.4911** Landfill engineering plans; operation plans and engineering reports {#sec-r-299.4911 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4911}

Rule 911. (1) Engineering plans for a landfill shall include all of the following plans that describe how the facility is to be operated:

(a) A proposed fill progression plan that estimates, for information purposes, fill progression over the active life of the landfill, including the final slopes and elevations of the landfill. The plan shall include the location and description of the permanent survey benchmark to be used for elevation control. An owner or operator who wishes to modify a fill progression plan during the operating life of the landfill shall submit the alternate plan to the department for a consistency review with these rules, such as to ensure that the approved hydrogeologic monitoring plan provides for monitoring the areas intended for construction.

(b) A landscape plan to identify and locate existing vegetation to be retained and proposed vegetation to be used for cover, screening, and other purposes.

(c) Engineering plans that detail leachate collection and removal facilities. If applicable, these plans shall also show any systems to be used for leachate recirculation.

(d) An engineering plan that shows gas management systems, if applicable.

(2) Engineering plans for a landfill shall include engineering reports that describe all of the following:

(a) All equipment to be used at the landfill for construction and operation.

(b) The landfill's personnel requirements, including the duties, training, and authority of the responsible individual who is to direct landfill operations.

(i) Signs.

(ii) Hours of operation.

(iii) Usage rules.

(iv) Natural and artificial barriers.

(v) Traffic control. The description shall include a description of any convenience station at the landfill for smaller vehicles to unload refuse at an area other than the working face.

(d) The methods to be used to control dust and blowing papers from the active fill area.

(e) The methods for the disposal of large or bulky items.

(f) The on-site road design and method of controlling fugitive dust.

(g) The methods to control salvaging, if allowed.

(h) The storage locations of, and the design for, white goods and other recyclable materials.

(i) The procedures for separating recyclable materials from general refuse, if applicable.

(j) The type of daily cover to be used and the source, quantity, and method of placement of the cover.

(k) The process for receiving and unloading solid waste. This description shall include procedures for inspecting loads for hazardous waste.

(l) The procedures for the receipt and disposal of asbestos waste.

**History**
- *History: 1993 AACS; 1999 AACS.*

##### **Mich. Admin. Code R 299.4912** Landfill construction; natural soil barrier verification {#sec-r-299.4912 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4912}

Rule 912. (1) A natural soil barrier at a landfill that is used to comply with these rules shall be verified in accordance with this rule. Information collected under this rule shall be submitted to the solid waste control agency with either the hydrogeological report or, for existing disposal areas, the construction certification that is submitted under R 299.4921.

(2) An owner or operator shall verify that any natural soil barrier extends to the surface.

Natural soil sites where the soil barrier does not extend to the surface shall include compacted side cutoff walls or an equivalent barrier to impede the lateral infiltration of water into the fill and to impede lateral flow of leachate out of the fill interior. The wall or other barrier shall be equivalent in width and permeability as that of the soil barrier required by these rules. Hydraulic head buildup outside the wall shall be limited to the extent necessary to prevent unstable conditions within the wall or liner. The hydraulic head shall be controlled by gravity or, as an alternative, the hydraulic head of groundwater that does not constitute an aquifer may be limited by pumping if the system is part of a sewerage system permitted by the director, or his or her designee, under part 41 of the act.

(3) To use a natural soil barrier, the owner and operator shall demonstrate that the natural soil barrier does both of the following:

(a) Is in compliance with the thickness and hydraulic conductivity requirements of these rules. To demonstrate this, the owner and operator shall obtain soil borings on the grid spacing specified in subrule (4) of this rule and determine all of the following at various depths:

(i) The particle size distribution, by sieve and hydrometer.

(ii) The Atterberg limits, according to ASTM D4318-95a, which is adopted by reference in R 299.4135.

(iii) The classification pursuant to the unified soil classification system, ASTM D2487- 93, which is adopted by reference in R 299.4135.

(iv) The hydraulic conductivity of an undisturbed sample by a method specified in R 299.4920.

(b) Provides an adequate subbase for the overlying leachate collection and removal systems by evaluating the subgrade conditions for stability and correcting unstable areas.

(4) An owner and operator shall obtain soil borings on a grid spacing approved by the director based on either of the following:

(a) The homogeneity of soils at the site, as determined by a hydrogeologic report.

(b) Geophysical methods that are proposed under subrule (5) of this rule.

(5) An applicant may utilize geophysical methods to replace or supplement borings specified in subrule (4) of this rule if a plan for such a survey is approved by the director or his or her designee.

**History**
- *History: 1993 AACS; 1999 AACS.*

##### **Mich. Admin. Code R 299.4913** Landfill construction; compacted soil liners and final covers {#sec-r-299.4913 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4913}

Rule 913. (1) A compacted soil liner shall be constructed to have a saturated, vertically oriented hydraulic conductivity of not more than 1.0 x 10-7 centimeters per second after compaction.

(2) To meet the hydraulic conductivity standard specified in subrule (1) of this rule, the owner and operator shall assure that the soil source is in compliance with both of the following requirements:

(a) Has a classification of SC, CH, CL, CL/ML or ML as determined by the unified soil classification system, ASTM standard D2487-93, unless another classification has been approved as part of a modified soil approved by the director under subrule (3) of this rule.

(b) Has a laboratory hydraulic conductivity that is equal to or less than 1.0 x 10-7 centimeters per second within the density and moisture content range specified for construction as determined by a laboratory study of the relationship between moisture, density, and the hydraulic conductivity of the soil.

(3) The owner and operator of a landfill may use a soil type other than that specified in subrule (2)(a) of this rule if the soil type is used as a component in a modified soil that is prepared in accordance with a plan approved by the director. The director shall approve a plan for a modified soil if the applicant demonstrates, by laboratory methods or a test pad, all of the following:

(a) The modified soil can be compacted to achieve the hydraulic conductivity specified in subrule (2)(b) of this rule.

(b) Engineering properties of the modified soil are equivalent to those soil types approved in subrule (2) of this rule.

(4) The owner and operator of a landfill shall construct a compacted soil liner and final cover in a manner that satisfies all of the following requirements for each lift being compacted:

(a) The lift thickness is generally not more than 6 inches after compaction.

(b) Each lift is thoroughly and uniformly compacted to that density, and at that moisture content, determined necessary to achieve the required hydraulic conductivity. However, soil shall not be compacted at moisture contents that are less than optimum and shall not be compacted to less than 1 of the following:

(i) 90% of the maximum dry density, as determined by the modified proctor test, ASTM D1557-91.

(ii) 95% of the maximum dry density, as determined by the standard proctor test, ASTM D698-91.

(c) Each lift is integrated into the previous lift by techniques such as scarifying each lift and by using compaction equipment that is capable of penetrating the thickness of each compacted lift, except that such a compactor shall not be used in the first 2 lifts immediately above the synthetic liner, secondary collection system, or other sensitive liner system component.

(d) The liner is constructed so that the bottom liner and sidewall liner or dike will be continuous and completely keyed together at all construction joints.

(5) The owner and operator of a landfill shall protect a compacted soil liner and final cover from detrimental climatic effects during construction by doing all of the following to the extent necessary to maintain compliance with these rules:

(a) Removing all ice and snow during winter construction before placing a lift and not using frozen soil in any part of a liner.

(b) Before the liner is covered by a flexible membrane liner or leachate collection system, recompacting any soil lift that has had its integrity adversely affected by weather.

(c) Ensuring that soil liners and final covers are not subject to significant desiccation cracking by doing 1 of the following:

(i) Sprinkling the liner with water, as necessary.

(ii) Covering or tarping the soil.

(iii) Taking other preventative measures.

(d) If significant desiccation has occurred, by removing or repairing any soil that has experienced desiccation cracking, as necessary, before compacting the next lift or installing the next liner system component.

(6) The owner or operator of a landfill may modify the construction requirements of this rule if he or she demonstrates, to the director or his or her designee, using either of the following methods, that alternate construction techniques will achieve the desired liner permeability:

(a) A laboratory method that is approved by the director.

(b) A test pad that is in compliance with subrule (7) of this rule.

(7) A test pad demonstration shall be in compliance with all of the following provisions:

(a) Replicate the proposed liner by having all of the following dimensions:

(i) A width that is not less than twice that of the proposed roller.

(ii) A length that is not less than twice the width.

(iii) A thickness that is not less than 2 feet.

(b) Use the same materials and construction practices as those proposed for the landfill liner.

(8) The owner or operator may propose alternate specifications for hydraulic conductivity and compaction in the sidewalls of the top composite liner of a landfill unit that has 2 composite liners and a secondary collection system. The director shall approve alternate specifications if the specifications are sufficient to maintain allowable flow rates in the secondary collection system.

(9) ASTM test methods D2487-93, D1557-91, and D698-91 are adopted by reference in R 299.4135.

**History**
- *History: 1993 AACS; 1999 AACS.*

##### **Mich. Admin. Code R 299.4914** Landfill construction; bentonite geocomposite liners {#sec-r-299.4914 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4914}

Rule 914. (1) A bentonite geocomposite liner may be used in place of a compacted clay liner if the combination of its thickness and hydraulic conductivity results in liquid migration through the liner that does not exceed the rate of liquid migration through 2 feet of clay that has a saturated vertical hydraulic conductivity equal to 1.0 x 10-7 centimeters per second.

(2) A bentonite geocomposite liner shall consist of sodium bentonite that is contained on each side by a fabric, geotextile, or flexible membrane liner.

(3) A bentonite geocomposite liner shall be seamed in accordance with the manufacturer's specifications so as to prevent leakage at the seams.

(4) A bentonite geocomposite liner shall not be laid during precipitation events and shall be covered immediately by a flexible membrane liner or other protective cover.

(5) A bentonite geocomposite liner shall be installed in accordance with the manufacturer's specifications and quality assurance quality control plans that are approved by the director.

**History**
- *History: 1993 AACS.*

##### **Mich. Admin. Code R 299.4915** Landfill construction; flexible membrane liners {#sec-r-299.4915 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4915}

Rule 915. (1) A flexible membrane liner that is required by these rules shall be in compliance with all of the following requirements:

(a) Be of sufficient tensile strength to withstand anticipated stresses without failure.

(b) Be chemically resistant to anticipated wastes and waste leachate based on EPA method 9090. EPA method 9090 is part of the publication entitled "Test Methods for the Evaluation of Solid Waste," EPA publication SW-846, 3rd edition, which is adopted by reference in R 299.4133.

(c) Be sufficiently durable so that the properties of the liner are not significantly impaired by any of the following during the active life of the landfill and the postclosure period:

(i) Exposure to sunlight, precipitation, or anticipated temperature variations.

(ii) Abrasion, shocks, or other mechanical actions.

(iii) Irreversible shrinkage of the liner.

(d) Be of sufficient elasticity to withstand anticipated deformations.

(e) Have a friction angle that is capable of supporting overburden material without slippage on sideslopes, given the angle and length of such slopes.

(f) Be capable of being seamed so that the seam meets the manufacturer’s specifications or other specifications approved by the director.

(2) A landfill shall be designed to avoid penetration of any flexible membrane liner by pipes, sumps, or supports. Where penetrations are proposed, the owner and operator shall demonstrate that subgrade settlement will not cause a liner to fail.

(3) The owner and operator of a landfill shall develop specifications for the design and installation of a flexible membrane liner that are sufficient to meet the requirements of these rules. If applicable to a proposed liner material, the specifications shall meet or exceed the following specifications:

(a) The national sanitation foundation document NSF 54-1993. NSF 54- 1993 is adopted by reference in R 299.4137.

(b) For PVC, the PVC geomembrane institute specification PGI 1197. PGI 1197 is adopted by reference in R 299.4137.

(4) The foundation for a flexible membrane liner shall be prepared by doing all of the following:

(a) By compacting the soil surface to the extent necessary to provide a stable base or else determining that the soils are naturally consolidated to provide a stable base without compaction.

(b) Grading the foundation to a smooth and true line and grade and not deviating more than 0.2 feet from that shown on approved plans.

(5) Before installation, flexible membrane liner material shall be stored in a secure area and protected from adverse weather.

(6) Flexible membrane liner shall be deployed to minimize handling.Stress conditions shall be prevented by allowing slack for shrinkage.

(7) The owner and operator of a landfill shall assure that field seams of a flexible membrane liner are made in a manner that ensures all of the following:

(a) That field seams on side slopes are generally installed parallel to the line of maximum slope, when possible.

(b) That the seam area is properly prepared for seaming and is free of moisture, dust, dirt, debris, and foreign material of any kind before seaming.

(c) That field seaming is not done in adverse weather conditions that could impair the quality of the liner, unless protective structures or other methods are used to maintain seam integrity during construction.

(8) The owner and operator of a landfill shall assure that a flexible membrane liner is otherwise installed to assure all of the following:

(a) That any imperfections that are found in a liner or seam are repaired.

(b) That the anchor trench for the liner is excavated to the depth and width shown on approved plans and that the liner is sufficiently anchored within the trench.

(c) That the liner is covered with soil or other material specified in approved plans within 30 days after placement in a manner that protects the liner from degradation, unless the owner and operator demonstrate that the liner material is not subject to degradation by ultraviolet light or other weather conditions.

**History**
- *History: 1993 AACS; 1999 AACS.*

##### **Mich. Admin. Code R 299.4916** Landfill construction; construction quality assurance program and construction certifications {#sec-r-299.4916 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4916}

Rule 916. (1) A construction quality assurance (CQA) program is required for all new landfill units and lateral extensions of existing units and for the final cover of existing units.

The program shall verify that the constructed unit is in compliance with all design criteria and specifications in the construction permit or approved plans. The program shall be developed and implemented under the direction of a CQA officer who is a registered professional engineer.

(2) The CQA program shall address all the following physical components, where applicable:

(a) Foundations.

(b) Dikes.

(d) Flexible membrane liners.

(e) Leachate collection and removal systems and secondary collection systems.

(f) Final cover systems.

(3) Before construction begins on a unit that is subject to the CQA program under subrule (1) of this rule, the owner or operator shall develop a written CQA plan. The plan shall identify steps that will be used to monitor and document the quality of materials and the condition and manner of their installation. The CQA plan shall include all of the following:

(a) Identification of applicable units and a description of how they will be constructed.

(b) Identification of key personnel in the development and implementation of the CQA plan and CQA officer qualifications.

(c) A description of inspection and sampling activities for all unit components that are identified in subrule (2) of this rule, including the observations and tests that will be used before, during, and after construction to ensure that the construction materials and the installed unit components are in compliance with the design specifications. The description shall cover all of the following:

(i) Sampling size and locations.

(ii) Frequency of testing data evaluation procedures.

(iii) Acceptance and rejection.

(iv) Criteria for construction materials.

(v) Plans for implementing corrective measures.

(4) The CQA program shall include observations, inspections, tests, and measurements that are sufficient to ensure all of the following:

(a) The structural stability and integrity of all components of the unit that are identified in subrule (2) of this rule.

(b) Proper construction of all components of the liners, leachate collection and removal system, leak detection system, and final cover system according to permit specifications and good engineering practices and proper installation of all components according to design specifications.

**History**
- *History: 1993 AACS; 1999 AACS.*

##### **Mich. Admin. Code R 299.4917** Landfill construction; compacted soil liner and final cover construction records {#sec-r-299.4917 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4917}

Rule 917. (1) A registered professional engineer or other qualified individual shall document the proper construction of all compacted soil liners and final covers in accordance with this rule. Construction records for compacted soil liners and final cover shall include information on all of the following:

(a) The excavation and subgrade, as specified in subrule (2) of this rule.

(b) Each borrow source for liner material or final cover, as specified in subrule (3) of this rule.

(d) The hydraulic conductivity of the constructed liner, as specified in subrule (5) of this rule.

(e) Measurements of the final liner slope and thickness.

(f) Test pad data, if any.

(2) The following information on the subgrade shall be documented for any compacted soil liner:

(a) Measurements of the slope and the depth of excavation.

(b) Measurements and observations to ensure that the subgrade surface meets specification.

(3) All of the following information shall be documented for each borrow source:

(a) The location.

(b) A description of the soil.

(c) The relationship between hydraulic conductivity, moisture, and density, as established with laboratory test data as part of an initial design report on the borrow source. The relationship shall be established using either the modified proctor test, ASTM D1557-91, or the standard proctor test, ASTM D698-91.The relationship shall be redetermined if the nature of the source changes so that the required hydraulic conductivity will not be achieved.

(d) Verification that the borrow source is in compliance with the requirements of these rules by testing both of the following every 5,000 cubic yards or when the soil texture changes:

(i) The unified soil classification, ASTM standard D2487-93.

(ii) The moisture-density relationship, by modified proctor, ASTM standard D1557-91, or standard proctor, ASTM standard D698-91, depending on the test used in subdivision (c) of this subrule.

(e) Observation of roots, rocks, rubbish, or off-specification soil that is removed from the source material.

(f) The volume of soil that is placed and compacted from each source.

(4) All of the following information shall be documented with respect to soil compaction:

(a) The type and weight of compaction equipment.

(b) The method of surface preparation.

(d) The method of controlling desiccation, if any.

(e) The thickness of each lift, after compaction.

(f) General observations of the number of passes and uniformity of compaction coverage.

(g) Observation of the reduction in clod size.

(h) Documentation of liner repair, including the removal and replacement of frozen or desiccated soil.

(5) All of the following in-place tests shall be obtained for each lift of soil after compaction, with the location of soil samples taken on a grid that is rotated with each lift to maximize coverage, and shall be documented with the construction records:

(a) Soil density and moisture content, by nuclear methods, ASTM standard D2922-96, or other methods approved by the director, with 1 test per acre and a minimum of 3 tests per day of construction or lift of soil.

(b) The undisturbed hydraulic conductivity of the soil liner, with 1 test for every 10,000 cubic yards placed, using a method specified in R 299.4920.Each landfill unit or portion thereof that is constructed at a given time shall have a minimum of 3 tests.

(6) The director shall decrease the frequency of testing that is required by this rule upon a demonstration by the owner or operator that the quality and consistency of the borrow source and construction techniques will assure compliance with the specifications of these rules.

(7) ASTM procedures D422-63(90), D1557-91, D2922-96, and D2487-93 are adopted by reference in R 299.4135.

**History**
- *History: 1993 AACS; 1999 AACS.*

##### **Mich. Admin. Code R 299.4918** Landfill construction; flexible membrane liner construction records {#sec-r-299.4918 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4918}

Rule 918. (1) A registered professional engineer or other qualified individual shall assure that the proper construction of all flexible membrane liners is documented in accordance with this rule. Construction records for flexible membrane liners shall include all of the following information:

(a) Information on liner panels that are shipped to the site, as specified in subrule (2) of this rule.

(b) Tests on raw materials that are used to manufacture the liner panels, as specified in subrule (3) of this rule.

(d) Documentation on the subgrade for the liner, as specified in subrule (5) of this rule.

(e) Documentation on field installation, as specified in subrule (6) of this rule.

(f) Tests on field seams, as specified in subrule (7) of this rule.

(g) Diagrams that show the location of all destructive tests, deviations from specification, and repairs made.

(2) All of the following information shall be recorded for all liner material that is shipped to the site:

(a) The name of the manufacturer and fabricator.

(b) The name and type of liner.

(d) The batch code.

(e) The date of fabrication.

(f) The physical dimensions.

(g) The panel number.

(h) The location and method of storage at the site.

(3) All of the following information shall be documented on the raw materials that are used to manufacture the synthetic liner:

(a) The origin and identification of the raw materials.

(b) Copies of quality control certificates that are issued by the producer of the raw materials.

(c) Reports of tests that are conducted to verify the quality of the raw materials, such as specific gravity, melt flow index, and percent carbon black.

(4) All of the following quality control testing shall be conducted for any flexible membrane liner that is fabricated at the factory:

(a) Visual inspection for uniformity, damage, and imperfections, including any of the following:

(i) Holes.

(ii) Cracks.

(iii) Thin spots.

(iv) Tears.

(v) Punctures.

(vi) Blisters.

(vii) Foreign materials.

(b) Nondestructive seam testing on all fabricated seams along their full lengths.

(5) A registered professional engineer or other qualified individual shall document that the subgrade is properly prepared for the installation of the synthetic liner and is in compliance with all of the following provisions:

(a) Is adequately compacted to the standards of these rules.

(b) If constructed over clay, that the clay is free of roots, standing water, stones, or desiccation cracks which would adversely affect the performance of the liner.

(c) If constructed over sand, that the sand does not contain gravel that is retained on a no. 4 sieve, by testing the subgrade every 1,000 cubic yards placed.

(d) Is rolled to a smooth grade that is consistent with approved plans.

Elevations of the subgrade shall be verified before installation to verify that elevations are within plus or minus 0.2 feet of approved plans.

(6) All of the following shall be documented during the placement of the synthetic liner:

(a) Panel overlap.

(b) Location of panels.

(i) Holes.

(ii) Cracks.

(iii) Thin spots.

(iv) Tears.

(v) Punctures.

(vi) Blisters.

(vii) Foreign materials.

(7) Both of the following tests shall be conducted and documented on all field seams:

(a) Nondestructive testing on all field seams throughout their lengths according to the manufacturer's specifications or other nondestructive testing method approved by the department.

(b) Destructive testing on at least 1 field-seamed sample per day per seaming crew or machine. The sampling frequency shall be at least 1 test every 500 feet of seam, not including repairs, or an alternative frequency approved by the director. The director shall approve an alternative frequency if that frequency of tests, combined with other factors, ensures compliance with seam specifications.

**History**
- *History: 1993 AACS; 1999 AACS.*

##### **Mich. Admin. Code R 299.4919** Landfill construction; leachate collection system construction records {#sec-r-299.4919 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4919}

Rule 919. (1) Construction records for leachate collection systems, both above and between liners, shall include documentation of all of the following:

(a) Observations and tests on piping, as specified in subrule (2) of this rule.

(b) Observations and tests on any soil drainage layer, as specified in subrule (3) of this rule.

(d) Inspections of filter layers, as specified in subrule (5) of this rule.

(e) Inspection and testing of sumps and associated equipment, as specified in subrule (6) of this rule.

(2) Construction records for piping shall include documentation of all of the following:

(a) Observations and measurements to ensure that the pipes are placed at locations and in configurations specified in the design.

(b) Observations and tests to ensure that pipe grades are as specified in the design.

(d) Observations to ensure that the placement of any filter materials around the pipe is in compliance with the specifications in the design.

(e) Observations and tests to ensure that backfilling and compaction are completed as specified in the design and that, in the process, the pipe network is not damaged.

(3) Construction records for any soil drainage layer shall include documentation of all of the following:

(a) Observations and tests to ensure that the drainage layer material is of the particle size as specified in the design and is free from excessive amounts of fines or organic materials.

Grain size distribution shall be determined every 1,000 cubic yards of material placed.

(b) Tests to verify hydraulic conductivity, as determined by ASTM ) D2434-68(94), every 2,500 cubic yards of material placed.

(c) Observations and tests not less than every 200 feet on grid, to ensure that the thickness and coverage of the drainage layer are in compliance with the design specifications.

(d) A survey of the drainage layer to ensure that grades are obtained as specified in the design.

(e) Observation of construction procedures to prevent the transport of fines by runoff into the leachate collection system.

(4) Construction records for any synthetic drainage material or geotextile shall include documentation of all of the following:

(a) Observations to ensure that all synthetic drainage layer or geotextile materials are placed according to the placement plan.

(b) Measurements to ensure that the overlap of all synthetic drainage layer or geotextile material as specified in the design is achieved.

(c) Observations to ensure that the synthetic drainage layer or geotextile materials are free from excessive wrinkles and folds.

(d) Observations to ensure that weather conditions are appropriate for placement of the synthetic drainage layer or geotextile materials and that exposure to rain, wind, and direct sunlight during and after installation is in compliance with the manufacturer's recommendations.

(5) Construction records shall include an inspection of the filter layer placement to ensure that the design specifications, including material specifications, placement procedures, and thickness, are met.

(6) Construction records shall include an inspection and testing of the sump, leachate removal and detection equipment, and any other associated equipment or structures to ensure that the design specifications, including material and equipment specifications, coating specifications, and mechanical and electrical equipment installation specifications, are met.

(7) ASTM procedure D2434-68(94) is adopted by reference in R 299.4135.

**History**
- *History: 1993 AACS; 1999 AACS.*

##### **Mich. Admin. Code R 299.4920** Landfill construction; hydraulic conductivity testing for cohesive soils {#sec-r-299.4920 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4920}

Rule 920. (1) The hydraulic conductivity of cohesive soils shall be determined by 1 of the following test methods:

(a) ASTM D5084-90, as amended by the procedures specified pursuant to the provisions of subrule (2) of this rule.

(b) A method approved by the department.

(2) Specific procedures for conducting hydraulic conductivity tests on cohesive soils shall be documented in the operating record and submitted with test results. Such procedures shall include all of the following:

(a) The sample size to be used. To minimize the effects of sample deformation, a sample shall have a minimum diameter of 2.5 inches and a length to diameter ratio between 0.5 and 1.0.

(b) Methods of preparing the sample. Methods shall be designed to minimize deformation.

(c) Methods of controlling sample temperature. The temperature of the sample shall be maintained at or near 20 degrees Celsius.

(d) The permeant to be used. An appropriate permeant shall be 1 of the following:

(i) Leachate that is representative of the leachate to be generated.

(ii) A 0.01 N solution of CaSo4, to replicate leachate.

(iii) Other permeants that are representative of site conditions.

(e) Temperature range of the permeant to be used. To avoid the release of dissolved gases, the permeant temperature shall equal or exceed the temperature of the soil sample.

(f) The maximum hydraulic gradient to be used. The maximum hydraulic gradient shall be limited as necessary to prevent sample deformation.

(g) Methods of minimizing sample compaction by the permeameter.

(h) Cross-sectional area of the standpipe.

(i) Confining pressure to be used. Confining pressures shall be maintained between 1 and 5 psi above influent or effluent pressure and shall not exceed the natural overburden pressure.

(j) The method of determining that steady state conditions have been achieved. All tests shall be continued until steady state conditions have been achieved between influent and effluent.

(3) Hydraulic conductivity test results shall be accompanied by data that demonstrate compliance with the procedures specified in subrule (2) of this rule, including all calculations made to determine hydraulic conductivity.

(4) The solid waste control agency shall approve a variance to the procedures specified in subrule (2) of this rule if an applicant shows that, for a given sample, the procedure is not feasible or prudent.

(5) ASTM procedure D5084-90, is adopted by reference in R 299.4135.

**History**
- *History: 1993 AACS.*

##### **Mich. Admin. Code R 299.4921** Landfill construction; construction certification {#sec-r-299.4921 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4921}

Rule 921. (1) The construction quality assurance officer shall certify that a landfill was constructed in accordance with the CQA plan, these rules, and engineering plans approved by the department. All of the following construction records shall accompany the certification of a new unit or the lateral extension of an existing unit:

(a) A daily activity log, as specified in subrule (3) of this rule.

(b) Records of any natural soil barrier, as specified in R 299.4912.

(d) Flexible membrane liner records, as specified in R 299.4918.

(e) Leachate collection system records, as specified in R 299.4919.

(f) Final elevations, as documented on as-built plans specified in subrule (4) of this rule.

(g) Diagrams that show the location of all tests on the liner and liner system.

(2) The CQA officer shall certify that a landfill that has reached final grade, or has otherwise closed, has received final cover as specified in these rules, the CQA plan, and engineering plans approved by the department. All of the following construction records shall accompany an engineer's certification of a unit that has received final cover:

(a) A daily activity log, as specified in subrule (3) of this rule.

(b) Soil cover liner records, as specified in R 299.4917.

(d) Observations and tests of the other layers of the final cover to ensure that the design specifications are met. These activities shall include inspection of the completed cover slope, vegetation, and drainage conduits to ensure that they are in compliance with the specified design.

(e) Final elevations, as documented on as-built plans specified in subrule (4) of this rule.

(3) A daily activity log shall be completed by the on-site construction supervisor for each day of construction. A daily activity log shall include all of the following information:

(a) The name and title of construction supervisor.

(b) The date of activity.

(d) The type of activity conducted.

(e) A summary of all quality assurance tests conducted, indicating which tests passed and failed specifications.

(f) Documentation of all repairs made on the liner system.

(4) The CQA officer shall prepare as-built plans to document all elevations of a newly constructed landfill and closed landfill. All elevations shall be referenced to United States geological survey datum. As-built plans shall indicate all of the following information:

(a) The dimensions and maximum and minimum elevations of each cell in each direction.

Elevations of each bottom liner component shall be within 0.2 feet of approved plans, if each component meets the minimum thickness requirements of these rules.

(b) The location and elevation of all sumps and gravity pipelines. Elevations of sumps and pipelines shall be within 0.2 feet of approved plans.

(d) The surface elevations of the final cover. The elevation of the final cover may deviate up to 1 foot above approved plans, if each component meets the minimum thickness requirements of these rules.

(5) An engineer's certification under this rule shall be a statement or declaration that is based on his or her knowledge and review of the construction records that are specified in this rule. The engineer's certification of construction conditions shall not relieve the owner, operator, or any other party from meeting other applicable requirements of the act and these rules.

**History**
- *History: 1993 AACS; 1999 AACS.*

##### **Mich. Admin. Code R 299.4922** Landfill operating license application; contents {#sec-r-299.4922 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.4922}

Rule 922. (1) An applicant for an operating license shall submit all of the following general information on a form provided by the director:

(a) The name and location of the facility and references to all construction permits or approved plans authorizing the facility’s construction.

(b) The name and address of the applicant, including the name and telephone number of a contact person.

(d) The type of disposal area proposed.

(e) The type of waste proposed for disposal.

(f) An estimate of remaining permitted capacity.

(g) The maximum waste slope in the active portion.

(h) The signature of the applicant and property owner.

(2) An applicant for an operating license shall submit information on the amount of waste received in the previous calendar year or amount projected to be received and the operating license application fee specified in the act associated with that amount, including any information necessary to support a fee adjustment.

(3) An operating license application shall include a restrictive covenant, on a form that is provided by the director, that is in compliance with the act, unless the restrictive covenant for the disposal area has been submitted previously.

(4) An operating license application shall include evidence of financial assurance that is in compliance with the act. Evidence of financial assurance includes all of the following:

(a) a facility summary that provides the acreage and a site map of each of the following:

(i) Active portions not at final grade.

(ii) Constructed areas certified with this application.

(iii) Unconstructed areas with financial assurance.

(iv) Unconstructed areas without financial assurance.

(v) Partially closed areas.

(vi) Closed preexisting units, including the date closed.

(vii) Other closed units.

(viii) Other disposal areas at the facility.

(ix) Isolation and other ancillary areas.

(x) The total facility area.

(b) A calculation of closure and postclosure cost estimates.

(c) Original bonds or documentation that the expiration date of the bond has been extended by not less than 6 months from the date of application.

(d) Evidence of a perpetual care trust fund or escrow account required by the act and the current value of the account.

(e) Documentation necessary to support a financial test, if applicable.

(5) An operating license application shall include information on any proposed operational variance allowed by these rules, including any of the following:

(a) Alternate daily cover.

(b) Leachate recirculation.

(d) Other variances.

**History**
- *History: 1993 AACS; 1999 AACS.*

## **Water Resources Division** Water Resources Division

### **R 299.6001 to R 299.6013** Great Lakes Bottomlands Preserve

##### **Mich. Admin. Code R 299.6001** Thunder Bay Great Lakes state bottomland preserve; establishment {#sec-r-299.6001 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.6001}

DEPARTMENT OF ENVIRONMENTAL QUALITY

WATER RESOURCES DIVISION

GREAT LAKES BOTTOMLANDS PRESERVES

(By authority conferred on the director of the department of environmental quality by section 76111 of 1994 PA 451, MCL 324.76111 and Executive Reorganization Order Numbers 1995-16, MCL 324.99903, 2009-31, MCL 324.99919 and 2011-1, MCL 324. 99921)

Rule 1. The following described area is established as the Thunder Bay Great Lakes state bottomland preserve: That area of Lake Huron bottomlands, extending upward and including the surface of the water, within the latitudes 44 o 52'50" (South Point) and o 11'24" (Middle Island) and lying between the ordinary high shoreline and the 150-foot depth contour based on the ordinary high-water level, Alpena county, Michigan, which area contains 288 square miles, more or less.

**History**
- *History: 1981 AACS.*

##### **Mich. Admin. Code R 299.6002** Alger Great Lakes state bottomland preserve; establishment {#sec-r-299.6002 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.6002}

Rule 2. The following described area is established as the Alger Great Lakes state bottomland preserve: That area of Lake Superior bottomlands, extending upward and including the surface of the water, within the longitudes 86 o 08'30" (AuSable Point) and o 47'30" (AuTrain Point) and lying between the ordinary high shoreline and the 150-foot depth contour as intersected by said longitudes and based on the ordinary high-water level, including depressions in excess of 150 feet within the aforementioned area, Alger county, Michigan, which area contains 113 square miles, more or less.

**History**
- *History: 1981 AACS.*

##### **Mich. Admin. Code R 299.6003** Straits of Mackinac Great Lakes state bottomland preserve; establishment {#sec-r-299.6003 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.6003}

Rule 3. The following described area is established as the Straits of Mackinac Great Lakes state bottomland preserve: That area of bottomlands of the Straits of Mackinac which connect Lake Michigan and Lake Huron, extending upward and including the surface of the water with a western boundary beginning at the longitude 84 degrees 56'22"W on the south shore, an official NOAA triangulation point located in Emmett county about 1/2 mile east of station point cabin on NOAA chart 14881, extending northward to St. Helena shoal buoy, 84 degrees 55'21"W, and then generally northeastward to the north shore at a point where the dividing line between sections 5 and 8, T40N, R4W, of Mackinac county intersects the ordinary high-water mark. The eastern boundary shall be a line running directly north and south at longitude 84 degrees 30'W between Bois Blanc Island and the southern peninsula (Cheboygan county). The northern boundary shall begin at the place where the western boundary strikes the northern peninsula and extend generally eastward along the ordinary high-water mark, to a point north of St. Ignace where the dividing line between sections 6 and 7, T40N, R4W, of Mackinac county intersects the ordinary highwater mark, approximately 45 degrees 52'54"N latitude, and then directly true eastward to Mackinac Island. The boundary then moves generally south and eastward along the ordinary high-water mark of the south side of Mackinac Island until it reaches the southern tip of the east breakwall extending outward from Mission point to Mackinac Island. The northern boundary then extends in a southwesterly direction from the tip of the breakwall to the abandoned lighthouse on the west end of Round Island and then along the ordinary high-water mark of the western shore of Round Island and then along the ordinary highwater mark of the southern shore of Round Island to the point of land at the southeastern tip of Round Island. The northern boundary extends from this point across to Lime Kiln Point on Bois Blanc Island and then along the ordinary high-water mark of the southern shore until it intersects the eastern boundary at 84 degrees 30'W longitude. The southern boundary shall start at the intersection of the western boundary with the southern peninsula, 84 degrees 56'22"W longitude, and extends generally eastward along the ordinary highwater mark to a point where the eastern boundary intersects the southern peninsula, 84 degrees 30'W longitude, Cheboygan, Emmet, and Mackinac counties, Michigan, which area contains 148 square miles, more or less.

**History**
- *History: 1983 AACS.*

##### **Mich. Admin. Code R 299.6004** Thumb Area Great Lakes state bottomland preserve; establishment {#sec-r-299.6004 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.6004}

Rule 4. The following described area is established as the Thumb Area Great Lakes state bottomland preserve: That area of bottomlands of Lake Huron, extending upward and including the surface of the water with a western boundary beginning at the light on the end of the breakwater in Port Austin, thence extending northerly along Loran-C coordinate 8970-X-30910; thence easterly along Loran-C coordinate 8970-Y-49150; thence southerly along Loran-C coordinate 8970-X-30730; thence westerly along Loran-C coordinate 8970- Y-49335.5 to the south boundary of Wagener County Park, thence northerly and westerly along the ordinary high water mark to the point of beginning, which area contains 276 square miles, more or less.

**History**
- *History: 1985 AACS.*

##### **Mich. Admin. Code R 299.6005** Whitefish Point Great Lakes state bottomland preserve; establishment {#sec-r-299.6005 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.6005}

Rule 5. The following described area is established as the Whitefish Point Great Lakes state bottomland preserve: An area of Lake Superior bottomlands extending upward and including the water surface described as: Beginning at the mouth of the outlet of Little Lake in section 24, township 50 north, range 9 west, Luce County, Michigan; thence northerly to Loran-C coordinates 8970-Y-47450, 8970-X-31230; thence easterly to a point where Loran-C coordinate line 8970-Y-47530 intersects the international boundary between Canada and the United States; thence southeasterly along the international boundary to a point having a latitude of 46 degrees, 53 minutes, 20.668 seconds and longitude of 84 degrees, 51 minutes, 35.830 seconds; thence continuing southeasterly along the international boundary to a point having latitude 46 degrees, 38 minutes, 4.030 seconds and longitude 84 degrees, 45 minutes, 45.512 seconds; thence continuing along the international boundary to its intersection with Loran-C coordinate line 8970-Y-47740; thence northwesterly to the mouth of the Betsy River in section 2, township 49 north, range 6 west, Chippewa County, Michigan; thence northerly and westerly along the ordinary high watermark of Lake Superior to the point of beginning at the mouth of the outlet of Little Lake, containing 376 square miles more or less.

**History**
- *History: 1987 AACS.*

##### **Mich. Admin. Code R 299.6006** Sanilac Shores Great Lakes state bottomland preserve; establishment {#sec-r-299.6006 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.6006}

Rule 6. The following described area is established as the Sanilac Shores Great Lakes state bottomland preserve: An area of Lake Huron bottomlands extending upward and including the water surface described as: Beginning at the point where the east and west 1/4 line of section 29, township 14 north, range 16 east, Sanilac County, Michigan, intersects the ordinary high watermark of Lake Huron, thence easterly to Loran-C coordinates 8970-X-30760, 8970-Y-49400; thence southerly to Loran-C coordinates 8970- X-30760, 8970-Y-49480; thence southerly to Loran-C coordinates 8970-X-30780, 8970- Y-49540; thence southwesterly to Loran-C coordinates 8970-X-30830, 8970-Y-49576; thence westerly to where the south line of section 31, township 10 north, range 17 east, Sanilac County, Michigan, intersects the ordinary high watermark of Lake Huron, thence northerly along the ordinary high watermark of Lake Huron to the point of beginning at the east and west 1/4 line of section 29, township 14 north, range 16 east, containing 163 square miles, more or less.

**History**
- *History: 1988 AACS.*

##### **Mich. Admin. Code R 299.6007** Manitou Passage Great Lakes state bottomland preserve; establishment {#sec-r-299.6007 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.6007}

Rule 7. The following described area is established as the Manitou Passage Great Lakes state bottomland preserve: An area of Lake Michigan bottomlands extending upward and including the water surface described as: Beginning at a point where the west line of township 27 north, range 15 west, Benzie County, intersects the ordinary high waterline (elevation 579.8 I.G.L.D.) of Lake Michigan (approximate latitude 44 degrees 43 minutes 09 seconds and longitude 86 degrees 10 minutes 54 seconds); thence northwesterly to a point having latitude 45 degrees 00 minutes and longitude 86 degrees 15 minutes; thence northeasterly to a point having latitude 45 degrees 11 minutes and longitude 86 degrees 05 minutes; thence due east to a point having latitude 45 degrees 11 minutes and longitude 86 degrees 00 minutes; thence southeasterly to a point having a latitude of 45 degrees 07 minutes 30 seconds and longitude 85 degrees 57 minutes; thence southerly to the North Manitou Shoal Light Horn (approximate latitude 45 degrees 01 minutes 15 seconds and longitude 85 degrees 57 minutes 25 seconds); thence southeasterly to where the north line of township 29 north, range 12 west, Leelanau County, intersects the ordinary high waterline of Lake Michigan (approximate latitude 44 degrees 57 minutes 11 seconds and longitude 85 degrees 48 minutes 14 seconds); thence westerly and southerly along the ordinary high waterline of Lake Michigan to the point of beginning, excluding the areas of North and South Manitou Islands above the ordinary high waterline of Lake Michigan, containing 282 square miles, more or less.

**History**
- *History: 1988 AACS.*

##### **Mich. Admin. Code R 299.6008** Marquette Great Lakes state bottomland preserve; establishment {#sec-r-299.6008 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.6008}

Rule 8. (1) The following described area is established as the Marquette unit of the Marquette Great Lakes state bottomland preserve:

A 74-square mile area of Lake Superior bottomland extending upward and including the water surface described as: Beginning at the point where the line between range 25 west and range 26 west in township 49 north, Marquette County, Michigan, intersects the ordinary high waterline of Lake Superior (elevation 601.5 international Great Lakes datum 1955), approximate latitude 46 degrees 38 minutes 29 seconds north longitude 87 degrees 29 minutes 21 seconds west; thence northeasterly on a heading of 70 degrees a distance of 3.37 miles to the point at latitude 46 degrees 39.6 minutes north longitude 87 degrees 25.5 minutes west; thence southeasterly on a heading of 115 3/4 degrees a distance of 2.64 miles to the point at latitude 46 degrees 38.2 minutes north longitude 87 degrees 22.5 minutes west; thence southeasterly on a heading of 155 1/4 degrees a distance of 3.80 miles to the point at latitude 46 degrees 35.8 minutes north longitude 87 degrees 20.5 minutes west; thence southeasterly on a heading of 126 degrees a distance of 5.89 miles to the point at latitude 46 degrees 32.2 minutes north longitude 87 degrees 14.8 minutes west; thence northeasterly on a heading of 46 degrees a distance of 6.63 miles to the point at latitude 46 degrees 36.0 minutes north longitude 87 degrees 08.5 minutes west; thence southeasterly on a heading of 161 degrees a distance of 2.44 miles to the point at latitude 46 degrees 34.8 minutes north longitude 87 degrees 07.5 minutes west; thence southerly a distance of 5.76 miles to the point where the line between Marquette County and Alger County, Michigan, intersects the ordinary high waterline of Lake Superior, approximate latitude 46 degrees 29.7 minutes north longitude 87 degrees 07.0 minutes west; thence westerly, northerly, and northwesterly along the ordinary high waterline to the point of beginning, excluding that part of all islands within the described parcel above the ordinary high waterline.

(2) The following described area is established as the Huron islands unit of the Marquette Great Lakes state bottomland preserve:

An 89-square mile area of Lake Superior bottomland extending upward and including the water surface described as: Beginning at the point where the line between Baraga County and Marquette County, Michigan, intersects the ordinary high waterline of Lake Superior (elevation 601.5 international Great Lakes datum 1955), approximately latitude 46 degrees 54.7 minutes north longitude 88 degrees 02.7 minutes west; thence due north a distance of 4.61 miles to the point at latitude 46 degrees 58.5 minutes north longitude 88 degrees 02.7 minutes west; thence due east a distance of 9.46 miles to the point at latitude 46 degrees 58.5 minutes north longitude 87 degrees 50 minutes west; thence southeasterly on a heading of 126 1/4 degrees a distance of 3.91 miles to the point at latitude 46 degrees 56.1 minutes north longitude 87 degrees 46.8 minutes west; thence southeasterly on a heading of 116 degrees a distance of 5.26 miles to the point at latitude 46 degrees 54.4 minutes north longitude 87 degrees 40.8 minutes west; thence due south a distance of 4.61 miles to a point on the ordinary high waterline of Lake Superior due north of the big bay point light, approximate latitude 46 degrees 50.5 minutes north longitude 87 degrees 40.8 minutes west; thence westerly, southerly, westerly, northerly, and northwesterly along said ordinary high waterline to the point of beginning, excluding that part of all islands within the described parcel above the ordinary high waterline.

(3) The Marquette unit and the Huron islands unit are illustrated in the following figures:

**History**
- *History: 1991 AACS.*

##### **Mich. Admin. Code R 299.6009** Keweenaw Great Lakes state bottomland preserve; establishment {#sec-r-299.6009 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.6009}

Rule 9. (1) The following described area is established as the Keweenaw Great Lakes state bottomland preserve:

A 243-square mile area of Lake Superior bottomland extending upward and including the water surface described as: Beginning at the point where the line between section 25 and section 26 of township 55 north of range 36 west, Houghton County, Michigan, intersects the ordinary high waterline of Lake Superior (elevation 601.5 international Great Lakes datum 1955), approximate latitude 47 degrees 07.8 minutes north longitude 88 degrees 49.7 minutes west; thence due north a distance of 6.91 miles to the point at latitude 47 degrees 13 minutes north longitude 88 degrees 49.7 minutes west; thence northeasterly on a heading of 56 3/4 degrees a distance of 27.20 miles to the point at latitude 47 degrees 26 minutes north longitude 88 degrees 20 minutes west; thence northeasterly on a heading of 73 1/2 degrees a distance of 8.14 miles to the point at latitude 47 degrees 28.5 minutes north longitude 88 degrees 10 minutes west; thence northeasterly on a heading of 81 3/4 degrees a distance of 15.78 miles to the point at latitude 47 degrees 30 minutes north longitude 87 degrees 50 minutes west; thence southeasterly on a heading of 111 1/2 degrees a distance of 12.59 miles to the point at latitude 47 degrees 26 minutes north longitude 87 degrees 35 minutes west; thence southeasterly on a heading of 126 1/2 degrees a distance of 1.94 miles to the point at latitude 47 degrees 25 minutes north longitude 87 degrees 33 minutes west; thence southwesterly on a heading of 233 1/2 degrees a distance of 1.94 miles to the point at latitude 47 degrees 24 minutes north longitude 87 degrees 335 minutes west; thence southwesterly on a heading of 252 1/2 degrees a distance of 15.56 miles to the point at latitude 47 degrees 20.7 minutes north longitude 87 degrees 54 minutes west; thence due west a distance of 1.57 miles to the point where the line between section 14 and section 15 of township 57 north of range 29 west, Keweenaw County, Michigan, intersects the ordinary high waterline of Lake Superior, approximate latitude 47 degrees 20.7 minutes north longitude 87 degrees 56.3 minutes west; thence northeasterly, northwesterly, northeasterly, easterly, northerly, northwesterly, and southwesterly along the ordinary high waterline to the point of beginning, excluding that part of all islands within the described parcel above the ordinary high waterline.

(2) The Keweenaw Great Lakes state bottomland preserve is illustrated in figure 1 as follows:

**History**
- *History: 1991 AACS.*

##### **Mich. Admin. Code R 299.6010** DeTour Passage Great Lakes state bottomland preserve; establishment {#sec-r-299.6010 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.6010}

Rule 10. The following described area is established as the DeTour Passage Great Lakes state bottomland preserve:

(1) A 13.61 - square mile area of Lake Huron, including state-owned public trust bottomlands, extending upward and including the water surface described as: Beginning at the ordinary high water line (elevation 580.5 feet international Great Lakes datum 1985) at the most northerly point of Sweets Point, DeTour township, T42N, R4E, section 21, Chippewa county, thence S 87° 26' 55" E approximately 25,016.54 feet to the ordinary high water line at the most northerly point of Dix point in Drummond township, Drummond island, T42N R5E, section 20, Chippewa county, thence southerly along the ordinary high water line on Drummond island to the most southerly point of point Anderson in Drummond township, Drummond island, T41N R5E, section 17, Chippewa county, thence S 83° 01' 51" W approximately 14,573.82 feet; thence N 59° 38' 16" W approximately 4,158.74 feet to the ordinary high water line on the most southerly point of point DeTour, DeTour township T41N, R4E, section 10, Chippewa county, thence northerly along the ordinary high water mark to the point of beginning, excluding all islands and previously conveyed areas.

(2) The DeTour Passage Great Lakes state bottomland preserve is illustrated in Figure 1 as follows:

**History**
- *History: 1998-2000 AACS.*

##### **Mich. Admin. Code R 299.6011** Southwest Michigan Great Lakes state bottomland preserve; establishment {#sec-r-299.6011 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.6011}

Rule 11. (1) The following described area is established as the Southwest Michigan Great Lakes state bottomland preserve:

A 370 square mile area of Lake Michigan, including state-owned public trust bottomlands, extending upward and including the water surface described as: Beginning at the point where the east-west quarter line of Section 9, township 5 north, range 16 west, Ottawa County, Michigan, intersects the ordinary high water mark of Lake Michigan(elevation 580.5 feet, international Great Lakes datum 1985), approximate latitude 42 degrees 50 minutes 01 seconds north longitude 86 degrees 12 minutes 41 seconds west; thence westerly on a heading north 88 degrees 52 minutes 35 seconds west 4.02 miles to the point at latitude 42 degrees 50 minutes north longitude 86 degrees 17 minutes 26 seconds west; thence southwesterly on a heading south 03 degrees 54 minutes 08 seconds west 12.51 miles to the point at latitude 42 degrees 39 minutes 08 seconds north longitude 86 degrees 18 minutes 06 seconds west; thence southwesterly on a heading south 16 degrees 44 minutes 13 seconds west 17.42 miles to the point at latitude 42 degrees 24 minutes 32 seconds north longitude 86 degrees 23 minutes 32 seconds west; thence southwesterly on a heading south 28 degrees 54 minutes 23 seconds west 23.01 miles to the point at latitude 42 degrees 06 minutes 47 seconds north longitude 86 degrees 35 minutes 57 seconds west; thence southwesterly on a heading south 25 degrees 15 minutes 44 seconds west 14.87 miles to the point at latitude 41 degrees 54 minutes 57 seconds north longitude 86 degrees 42 minutes 55 seconds west; thence southeasterly on a heading south 47 degrees 05 minutes 35 seconds 4.65 miles to a point where the south line of Section 9, township 7 south, range 20 west, Berrien County, intersects the ordinary high water mark of Lake Michigan (elevation 580.5 feet, international Great Lakes datum 1985), thence northerly, and northeasterly along the ordinary high water mark to the point of beginning.

(2) The Southwest Michigan Great Lakes state bottomland preserve is illustrated in Figure 1 as follows: **** For Map see attached file labeled "Figures" ****

**History**
- *History: 1999 AACS.*

##### **Mich. Admin. Code R 299.6012** Grand Traverse Bay Great Lakes state bottomland preserve; establishment {#sec-r-299.6012 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.6012}

Rule 12. (1) The following described area is established as the Grand Traverse Bay Great Lakes state bottomland preserve:

An area of Lake Michigan bottomlands including the water surface described as: beginning at the point where the northernmost portion of Cathead Point, Leelanau County intersects the Ordinary High Water Mark (OHWM) of Lake Michigan (approximately 45°11'15"N, -85°37'04"W), thence northeasterly to a point in Lake Michigan lying at 45°13'54N, - 85°33'14"W (north of Lighthouse Point, Leelanau County) thence proceeding easterly along latitude line 45°13'54"N until it intersects the OHWM in Charlevoix County (approximately 45°13'54"N, -85°23'19"W, north of Norwood), thence along the OHWM of Grand Traverse Bay generally southerly, westerly, and northerly, to the point of beginning, including all of the West and East arm of Grand Traverse Bay, excluding all islands above the ordinary high waterline of Lake Michigan and previously conveyed areas, containing 295 square miles, more or less.

**History**
- *History: 2008 AACS.*

##### **Mich. Admin. Code R 299.6013** West Michigan Great Lakes state bottomland preserve; establishment {#sec-r-299.6013 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.6013}

Rule 13. (1) The following described area is established as the West Michigan Great Lakes state bottomland preserve:

(a) An area of Lake Michigan bottomlands including the water surface described as: beginning north of the Big Sable Lighthouse at a point on the shoreline N44° 04.900’ / W086° 29.430’ and following the natural ordinary high-water mark southerly to a point on the shoreline N42° 50.017’ / W086° 12.683’, thence due west 4 statute miles, thence northerly parallel to the natural ordinary high-water mark to a point 4 statute miles due west of said shoreline point N44° 04.900’ / W086° 29.430’, thence due east 4 statute miles to the point of beginning, containing 345 square miles, more or less.

**History**
- *History: 2012 AACS.*

## **Materials Management Division** Materials Management Division

### **R 299.9101 to R 299.11107** Hazardous Waste Management

##### **Mich. Admin. Code R 299.9101** Definitions; A to B {#sec-r-299.9101 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9101}

DEPARTMENT OF ENVIRONMENT, GREAT LAKES, AND ENERGY

MATERIALS MANAGEMENT DIVISION

HAZARDOUS WASTE MANAGEMENT

(By authority conferred on the director and the department of environment, Great Lakes, and energy by sections 11127, 11128, 11132a, and 11140 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.11127, 324.11128, 324.11132a, and 324.11140, and Executive Reorganization Order Nos. 1995-16, 2009-31, and 2011-1, MCL 324.99903, 324.99919, and 324.99921)

PART 1. GENERAL PROVISIONS

Rule 101. As used in these rules:

(a) "Aboveground tank" means a device that meets the definition of "tank" in this part and that is situated so that the entire surface area of the tank is completely above the plane of the adjacent surrounding surface bottom and can be visually inspected.

(b) "Act" means the natural resources and environmental protection act, 1994 PA 451, MCL 324.101 to 324.90106.

(d) "Act 207" means the fire prevention code, 1941 PA 207, MCL 29.1 to 29.33.

(e) "Act 218" means sections 3101 and 3102 of the insurance code of 1956, 1956 PA 218, MCL 500.3101 and 500.3102.

(f) "Act 236" means the revised judicature act of 1961, 1961 PA 236, MCL 600.101 to 600.9947.

(g) "Act 300" means the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923.

(h) "Act 306" means the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.

(i) "Act 399" means the safe drinking water act, 1976 PA 399, MCL 325.1001 to 325.1023.

(j) "Active life" means the period from the initial receipt of hazardous waste at a facility until the director receives certification of final closure.

(k) "Active portion" means that portion of a facility where treatment, storage, or disposal operations are being, or have been, conducted after November 19, 1980, and that is not a closed portion.

(l) "Active range" means a military range that is currently in service and being regularly used for range activities.

(m) "Acute hazardous waste" means hazardous waste that meets the listing criteria in R 299.9209(1) and is either listed in table 203a of part 2 of the rules with the assigned hazard code of (H) or is listed in table 205a of part 2 of the rules.

(n) "Administrator" means the administrator of the EPA or the administrator's designee.

(o) "Aerosol can" means a non-refillable receptacle containing a gas compressed, liquefied, or dissolved under pressure, the sole purpose of which is to expel a liquid, paste, or powder and fitted with a self-closing release device allowing the contents to be ejected by the gas.

(p) "AES filing compliance date" means the date that the EPA announces in the Federal Register, on or after which exporters of hazardous waste and exporters of CRTs for recycling are required to file EPA information in the automated export system or its successor system, under the international trade data system, ITDS, platform.

(q) "Agent," when used in conjunction with the term United States importer, means an employee of the United States importer or a legally recognized representative of the United States importer who has been authorized in a lawfully executed written document, such as a power of attorney, to act on the United States importer's behalf.

(r) "Agreement state" means a state that has entered into an agreement with the NRC under section 274(b) of the atomic energy act of 1954, 42 USC 2021, to assume responsibility for regulating within its borders byproduct, source, or special nuclear material in quantities not sufficient to form a critical mass.

(s) "Airbag waste" means any hazardous waste airbag modules or hazardous waste air bag inflators.

(t) "Airbag waste collection facility" means any facility that receives airbag waste from airbag handlers subject to regulation under R 299.9204(13) to (15) and accumulates the waste for more than 10 days.

(u) "Airbag waste handler" means any person, by site, that generates airbag waste that is subject to regulation under these rules.

(v) "Ampule" means an airtight vial made of glass, plastic, metal, or any combination of these materials.

(w) "Ancillary equipment" means any device, including, but not limited to piping, fittings, flanges, valves, and pumps, that is used to distribute, meter, or control the flow of hazardous waste from its point of generation to storage or treatment tanks, between hazardous waste storage and treatment tanks to a point of disposal on-site, or to a point of shipment for disposal off-site.

(x) "Antifreeze" means a mixture containing ethylene glycol or propylene glycol for use as a heat transfer or dehydration fluid for the purposes of regulation as a universal waste under R 299.9228.

(y) "Aquifer" means a geologic formation, group of formations, or part of a formation capable of yielding a significant amount of groundwater to wells or springs.

(z) "Associated organic chemical manufacturing facility" means a facility that meets all the following requirements:

(i) The primary SIC code at the facility is 2869 but operations may also include SIC codes 2821, 2822, and 2865.

(ii) The facility is physically co-located with a petroleum refinery.

(iii) The petroleum refinery to which the oil that is being recycled is returned also provides hydrocarbon feedstocks to the facility.

(aa) "ASTM" means the ASTM International.

(bb) "Authorized representative" means the person that is responsible for the overall operation of a facility or an operational unit, such as the plant manager, superintendent, or person that has equivalent responsibilities.

(cc) "Battery" means a device that consists of 1 or more electrically connected electrochemical cells and is designed to receive, store, and deliver electric energy. An electrochemical cell is a system that consists of an anode, a cathode, an electrolyte, and any connections that are needed to allow the cell to deliver or receive electrical energy.

Battery also includes an intact, unbroken battery from which the electrolyte has been removed.

(dd) "Boiler" means an enclosed device that uses controlled flame combustion and that is either determined by the director to be a boiler based on the standards and procedures in 40 CFR 260.32 and 260.33, which are adopted by reference in R 299.11003, or that has all the following characteristics:

(i) The unit has physical provisions for recovering and exporting thermal energy in the form of steam, heated fluids, or heated gases.

(ii) The unit's combustion chamber and primary energy recovery section or sections are of an integral design. To be of an integral design, the combustion chamber and the primary energy recovery section or sections, such as waterfalls and superheats, must be physically formed into 1 manufactured or assembled unit. A unit in which the combustion chamber and the primary energy recovery section or sections are joined only by ducts or connections carrying flue gas is not integrally designed; however, secondary energy recovery equipment, such as economizers or air preheaters, need not be physically formed into the same unit as the combustion chamber and the primary energy recovery section. The following units are not precluded from being boilers solely because they are not of an integral design:

(A) Process heaters or units that transfer energy directly to a process stream.

(B) Fluidized bed combustion units.

(iii) While in operation, the unit maintains a thermal energy recovery efficiency of not less than 60% calculated in terms of the recovered energy compared with the thermal value of the fuel.

(iv) The unit exports and utilizes not less than 75% of the recovered energy calculated on an annual basis. In this calculation, credit must not be given for recovered heat that is used internally in the same unit, such as for the preheating of fuel or combustion air and for the driving of induced or forced draft fans or feedwater pumps.

(ee) "Burner" means an owner or operator of a facility that burns either used oil fuel or hazardous waste fuel.

(ff) "By-product" means a material that is not 1 of the primary products of a production process and is not solely or separately produced by the production process. By-product includes process residues such as slags or distillation column bottoms. By-product does not include a coproduct that is produced for the general public's use and is ordinarily used in the form in which it is produced by the process.

2013 AACS; 2020 AACS; 2025 AACS.

**History**
- *History: 1985 AACS; 1988 AACS; 1994 AACS; 1996 AACS; 2000 AACS; 2004 AACS; 2008 AACS;*

##### **Mich. Admin. Code R 299.9102** Definitions; C to D {#sec-r-299.9102 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9102}

Rule 102. As used in these rules:

(a) "Carbon dioxide stream" means carbon dioxide that has been captured from an emission source such as a power plant, including incidental associated substances derived from the source materials and the capture process, and any substances added to the stream to enable or improve the injection process.

(b) "Carbon regeneration unit" means an enclosed thermal treatment device used to regenerate spent activated carbon.

(c) "Cathode ray tube" or "CRT" means a vacuum tube, composed primarily of glass, that is the visual or video display component of an electronic device. A used, intact CRT is a CRT whose vacuum has not been released. A used, broken CRT means glass removed from its housing or casing whose vacuum has been released.

(d) "Central accumulation area" means any on-site hazardous waste accumulation area that has been designated for accumulating hazardous wastes in units subject to R 299.9306 or R 299.9307. Central accumulation area includes an on-site hazardous waste accumulation area at an eligible academic entity that chooses to participate under R 299.9315 and is subject to 40 CFR 262.211 when accumulating unwanted material or hazardous waste.

(e) "CERCLA" means the comprehensive environmental response, compensation, and liability act of 1980, 42 USC 9601 to 9675.

(f) "Certification" means a statement of professional opinion based on knowledge or belief.

(g) "Certified delivery" means certified mail with return receipt requested, or equivalent courier service or other means, that provides the sender with a receipt confirming delivery.

(h) "CFR" means the Code of Federal Regulations.

(i) "Closed portion" means the portion of a facility that an owner or operator has closed pursuant to the approved facility closure plan and all applicable closure requirements.

(j) "Combustion zone" means the portion of the internal capacity of an incinerator where the gas temperatures of the materials being burned are within 100 degrees Celsius of the specified operating temperature.

(k) "Commingling" means the transfer of hazardous wastes between containers or vehicles by a transporter during transportation that results in the waste being mixed or repackaged.

(l) "Component" means either the tank or the ancillary equipment of a tank system.

(m) "Consignee" means the ultimate treatment, storage, or disposal facility in a receiving country to which the hazardous waste will be sent.

(n) "Consolidation" means the transfer of containers of hazardous wastes between transport vehicles by a transporter during transportation without the containers holding the wastes being opened and without the wastes being repackaged.

(o) "Constituent" or "hazardous waste constituent" means a constituent that caused the administrator to list the hazardous waste in 40 CFR part 261, subpart D, a constituent that is listed in table l of 40 CFR 261.24, or a constituent that is listed in table 202 or 205c of part 2 of these rules.

(p) "Consumer electronics" means devices containing an electronic circuit board, liquid crystal display, or plasma display such as those commonly found in homes and offices and these devices when used in other settings.

(q) "Contained" as it relates to hazardous secondary materials that are legitimately recycled under R 299.9232, means held in a unit, including a land-based unit, that meets all the following criteria:

(i) The unit is in good condition, with no leaks or other continuing or intermittent unpermitted releases of the hazardous secondary materials to the environment, and is designed, as appropriate for materials, to prevent releases of the materials to the environment. Unpermitted releases are releases that are not covered by a permit, such as a permit to discharge to water or air and may include releases through surface transport by precipitation runoff, releases to the soil and groundwater, wind-blown dust, fugitive air emissions, and catastrophic failures.

(ii) The unit is properly labeled or otherwise has a system, such as a log, to immediately identify the hazardous secondary materials in the unit.

(iii) The unit holds hazardous secondary materials that are compatible with other hazardous secondary materials placed in the unit and is compatible with the materials used to construct the unit and addresses any potential risks of fires or explosions.

(iv) Hazardous secondary materials in units that meet the applicable requirements of part 6 of these rules are presumptively contained.

(r) "Container" means any portable device in which a material is stored, transported, treated, disposed of, or otherwise handled.

(s) "Contingency plan" means a document that sets out an organized, planned, and coordinated course of action to be followed in case of a fire, explosion, or release of hazardous waste or hazardous waste constituents that could threaten human health or the environment.

(t) "Corrective action management unit" or "CAMU" means an area within a facility that is used only for managing remediation waste, in the case of grandfathered corrective action management units, or corrective action management unit-eligible waste, as further explained in R 299.9635(2) and (3), in implementing corrective action or cleanup at the facility.

(u) "Corrective action management unit-eligible waste" or "CAMU-eligible waste" means all wastes and hazardous wastes and all media, including groundwater, surface water, soils, sediments, and debris, that are managed for implementing cleanup.

As-generated wastes from ongoing industrial operations at a site are not CAMU-eligible.

Notwithstanding this subdivision and where appropriate, as-generated non-hazardous waste may be placed in a corrective action management unit if the waste is being used to facilitate treatment or the performance of the corrective action management unit. Wastes that would otherwise meet the definition of a CAMU-eligible waste are not CAMU-eligible wastes if either of the following apply:

(i) If the wastes are hazardous wastes found during a cleanup in intact or substantially intact containers, tanks, or other non-land-based units found above ground, unless the wastes are first placed in the tanks, containers, or non-land-based units as part of the cleanup, or the containers or tanks are excavated during the cleanup.

(ii) If the director, or the director's designee, uses the authority in R 299.9635 to prohibit the wastes from management in a corrective action management unit.

(v) "Corrosion expert" means a person who, by reason of the person’s knowledge of the physical sciences and the principles of engineering and mathematics acquired by a professional education and related practical experience, is qualified to engage in the practice of corrosion control on buried or submerged metal piping systems and metal tanks.

The person shall be certified as being qualified by the National Association of Corrosion Engineers or be a registered professional engineer who has certification or licensing that includes education and experience in corrosion control on buried or submerged metal piping systems and metal tanks.

(w) "CRT collector" means a person that receives used, intact CRTs for recycling, repair, resale, or donation.

(x) "CRT exporter" means any person in the United States that initiates a transaction to send used CRTs outside the United States or its territories for recycling or reuse, or any intermediary in the United States arranging for the export.

(y) "CRT glass manufacturer" means an operation or part of an operation that uses a furnace to manufacture CRT glass.

(z) "CRT processing" means conducting all the following activities:

(i) Receiving broken or intact CRTs.

(ii) Intentionally breaking intact CRTs or further breaking or separating broken CRTs.

(iii) Sorting or otherwise managing glass removed from CRT monitors.

(aa) "Designated facility" means a hazardous waste treatment, storage, or disposal facility that has received a permit or has interim status under 40 CFR parts 124 and 270; that has a license, permit, or interim status from a state that is authorized under section 3006 of the solid waste disposal act, 42 USC 6926, which, if located in this state, has an operating license that is issued under part 111 has a legally binding agreement with the director that authorizes operation, or is subject to the requirements of section 11123(7) and (8) of the act, MCL 324.11123; or that is regulated under R 299.9206(1)(c) or R 299.9803; and that has been designated on the manifest by the generator under R 299.9309. If the waste is destined for a facility in an authorized state that has not yet obtained authorization to regulate the particular waste as hazardous, the designated facility shall be a facility that is allowed by the receiving state to accept the waste. A designated facility may also mean a generator site designated on the manifest to receive its waste as a return shipment from a facility that has rejected the waste pursuant to R 299.9608.

(bb) "Destination facility" means a facility that treats, disposes of, or recycles a particular category of universal waste, except for the management activities described in 40 CFR 273.13(a) and (c) and 273.33(a) and (c). A facility at which a particular category of universal waste is only accumulated is not a destination facility for purposes of managing that category of universal waste.

(cc) "Dike" means an embankment or ridge that consists of either natural or man-made materials and that is used to prevent the movement of liquids, sludges, solids, or other materials.

(dd) "Department” means the department of environment, Great Lakes, and energy.

(ee) "Dioxins and furans (D/F)" means tetra-, penta-, hexa-, hepta-, and octa-chlorinated dibenzo dioxins and furans.

(ff) "Director" means the director of the department.

(gg) "Discharge" or "hazardous waste discharge" means the accidental or intentional spilling, leaking, pumping, pouring, emitting, emptying, or dumping of hazardous waste into or on any land or water.

(hh) "Displacement" means the relative movement of any two sides of a fault measured in any direction.

(ii) "Disposal" means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any hazardous waste into or on land or water in a manner that the hazardous waste or a constituent of the hazardous waste might enter the environment, be emitted into the air, or discharged into water, including groundwater.

(jj) "Disposal facility" means a facility or a part of a facility at which hazardous waste, as that term is defined by these rules, is intentionally placed into or on any land or water and at which hazardous waste remains after closure. Disposal facility does not include a corrective action management unit into which remediation wastes are placed.

(kk) "DOD" means the United States Department of Defense.

(ll) "DOE" means the United States Department of Energy.

(mm) "DOT" means the United States Department of Transportation.

(nn) "Do-it-yourselfer used oil collection center" means any site or facility that accepts or aggregates and stores used oil collected only from household do-it-yourselfers.

(oo) "Drip pad" means an engineered structure that consists of a curbed, freedraining base, constructed of nonearthen materials, and is designed to convey preservative kickback or drippage from treated wood, precipitation, and surface water run-on to an associated collection system at wood preserving plants.

2013 AACS; 2017 AACS; 2020 AACS; 2025 AACS.

Editor's Note: An obvious error in R 299.9102 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Michigan Register, 2025 MR 8. The memorandum requesting the correction was published in Michigan Register, 2025 MR 13.

**History**
- *History: 1985 AACS; 1988 AACS; 1994 AACS; 1996 AACS; 2000 AACS; 2004 AACS; 2008 AACS;*

##### **Mich. Admin. Code R 299.9103** Definitions; E to F {#sec-r-299.9103 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9103}

Rule 103. As used in these rules:

(a) "Electronic import-export reporting compliance date" means the date that the EPA announces in the Federal Register, on or after which exporters, importers, and receiving facilities are required to submit certain export and import related documents to the EPA using the EPA’s Waste Import Export Tracking System, or its successor system.

(b) "Electronic manifest" or "e-manifest" means the electronic format of the hazardous waste manifest that is obtained from the EPA’s national e-manifest system and transmitted electronically to the system, and that is the legal equivalent of EPA Forms 8700-22 and 8700-22A.

(c) "Electronic manifest system" or "e-manifest system" means the EPA’s national information technology system through which the electronic manifest may be obtained, completed, transmitted, and distributed to users of the electronic manifest and to regulatory agencies.

(d) "Electronic nicotine delivery system" or "ENDS" means any electronic device that can be used to aerosolize and deliver nicotine to the person inhaling from the device and any liquid nicotine, often referred to as "e-liquid", packaged for retail sale for use in an ENDS.

(e) "Electronic nicotine delivery system retailer" or "ENDS retailer" means any person that distributes or sells electronic nicotine delivery systems. ENDS retailer includes retailers that sell products directly to consumers, wholesale distributors, and third-party logistics providers that serve as forward distributors. ENDS retailer does not include manufacturers or reverse logistics centers.

(f) "Element" means any part or any group of parts of a unit that are assembled to perform a specific function, for example, a pump seal, pump, kiln liner, or kiln thermocouple.

(g) "Elementary neutralization unit" means a device that meets both of the following requirements:

(i) Is used for neutralizing wastes that are hazardous wastes only because they exhibit the corrosivity characteristic defined in R 299.9212 or are listed in R 299.9213 or R 299.9214 only because they exhibit the corrosivity characteristic.

(ii) Complies with the definition of "tank," "tank system," "container," "transport vehicle," or "vessel" as specified in this part.

(h) "Eligible NARM waste" means NARM waste that is eligible for the transportation and disposal conditional exemption under R 299.9823 of the rules. It is a NARM waste that contains hazardous waste, meets the waste acceptance criteria of, and is allowed by state NARM regulations to be disposed of at a low-level radioactive waste disposal facility licensed under 10 CFR part 61 or NRC agreement state equivalent regulations.

(i) "Enforceable document" means an order, a plan, or other document issued by the department either in place of an operating license for the postclosure period, or as a source of alternative requirements for hazardous waste management units, as provided under these rules. An enforceable document may include, but is not limited to, a corrective action order under part 111, a CERCLA remedy, or a closure or postclosure plan. An enforceable document must be issued under an authority that has available all the following remedies:

(i) The authority to sue in courts of competent jurisdiction to enjoin any threatened or continuing violation of the requirements of these documents.

(ii) The authority to compel compliance with the requirements for corrective action or other emergency response measures determined necessary to protect human health and the environment.

(iii) The authority to assess or sue to recover in court civil penalties, including fines, for violations of the requirements of these documents.

(j) "EPA" means the United States Environmental Protection Agency.

(k) "EPA acknowledgment of consent" means the letter EPA sends to the exporter documenting the specific terms of the country of import’s consent and the country or countries of transit’s consent. The EPA acknowledgment of consent meets the definition of an export license in the United States Census of Bureau regulations in 15 CFR 30.1.

(l) "EPA region" means the states and territories found in any of the 10 EPA regions identified in 40 CFR 260.10.

(m) "Episodic event" means an activity or activities, either planned or unplanned, that does not normally occur during generator operations and results in an increase in the generation of hazardous wastes that exceeds the calendar month quantity limits for the generator’s usual category.

(n) "Equivalent method" means any testing or analytical method that is approved by the director under R 299.9215.

(o) "Evaluated hazardous waste pharmaceutical" means a prescription hazardous waste pharmaceutical that has been evaluated by a reverse distributor in accordance with R 299.9833(2) and will not be sent to another reverse distributor for further evaluation or verification of manufacture credit.

(p) "Excluded scrap metal" means processed scrap metal, unprocessed home scrap metal, and unprocessed prompt scrap metal.

(q) "Exempted radioactive waste" means a waste that meets the eligibility criteria and all the conditions in R 299.9822 or meets the eligibility criteria and complies with all the conditions in R 299.9823. The waste is conditionally exempted from the regulatory definition of hazardous waste in R 299.9203.

(r) "Existing facility" means a treatment, storage, or disposal facility that either received all necessary state-issued environmental permits or licenses before January 1, 1980, or approval of construction was received from the air pollution control commission before November 19, 1980. Existing facilities also include those treatment, storage, or disposal facilities that were operating before January 1, 1980, under existing authority and that did not require state-issued environmental permits or licenses.

(s) "Existing portion" means the land surface area of an existing waste management unit previously authorized and included in the original part A permit application to the EPA on which wastes have been placed before the issuance of a permit under RCRA or an operating license under these rules, whichever is sooner.

(t) "Existing tank system" means a tank system or component that is used for the storage or treatment of hazardous waste and that is in operation, or for which installation has commenced, on or before July 14, 1986. Installation has commenced if the owner or operator has obtained all federal, state, and local approvals or permits necessary to begin physical construction of the site or installation of the tank system and if either of the following provisions applies:

(i) A continuous on-site physical construction or installation program has begun.

(ii) The owner or operator has entered into contractual obligations, which cannot be cancelled or modified without substantial loss, for physical construction of the site of installation of the tank system to be completed within a reasonable time.

(u) "Explosives or munitions emergency" means a situation involving the suspected or detected presence of unexploded ordnance, damaged or deteriorated explosives or munitions, an improvised explosive device, other potentially explosive material or device, or other potentially harmful military chemical munitions or device, that creates an actual or potential imminent threat to human health, including safety, or the environment, including property, as determined by an explosives or munitions emergency response specialist. Situations may require immediate and expeditious action by an explosives or munitions emergency specialist to control, mitigate, or eliminate the threat.

(v) "Explosives or munitions emergency response" means all immediate response activities by an explosives or munitions emergency response specialist to control, mitigate, or eliminate the actual or potential threat encountered during an explosives or munitions emergency. An explosives or munitions emergency response may include in-place render-safe procedures, treatment or destruction of the explosives or munitions or transporting those items to another location to be rendered safe, treated, or destroyed.

Any reasonable delay in the completion of an explosives or munitions emergency response caused by a necessary, unforeseen, or uncontrollable circumstance does not terminate the explosives or munitions emergency. Explosives and munitions emergency responses may occur on either public or private lands and are not limited to responses at RCRA facilities.

(w) "Explosives or munitions emergency response specialist" means a person trained in chemical or conventional munitions or explosives handling, transportation, render-safe procedures, or destruction techniques. Explosives or munitions emergency response specialists include DOD emergency explosive ordnance disposal, technical escort unit, and DOD-certified civilian or contractor personnel; and other federal, state, or local government or civilian personnel similarly trained in explosives or munitions emergency responses.

(x) "Exporter", also known as "primary exporter" on the manifest, means any person domiciled in the United States that is required to originate the movement document under R 299.9309 or the manifest for a shipment of hazardous waste under these rules, which specifies a foreign receiving facility to which the hazardous waste will be sent, or any recognized trader that proposes export of the hazardous waste for recovery or disposal operations in the country of import.

(y) "Facility" means all contiguous land and structures, other appurtenances, and improvements on the land used for treating, storing, or disposing of hazardous waste, or for managing hazardous secondary materials before reclamation. A facility may consist of several treatment, storage, or disposal operational units, such as 1 or more landfills or surface impoundments, or combinations of operational units. For the purpose of implementing corrective action under part 111, a facility includes all contiguous property under the control of the owner or operator. Notwithstanding the definition of the term as it relates to corrective action, a remediation waste management site is not a facility that is subject to corrective action under R 299.9629 but is subject to the corrective action requirements of part 111 and these rules if the site is located within such a facility.

(z) "Facility mailing list" means the mailing list for a facility that is maintained by the department under 40 CFR 124.10(c)(1)(ix).

(aa) "Fault" means a fracture along which rocks on 1 side have been displaced with respect to rocks on the other side.

(bb) "FDA" means the United States Food and Drug Administration.

(cc) "Federal agency" means any department, agency, or other instrumentality of the federal government; any independent agency or establishment of the federal government, including any government corporation; and the United States Government Publishing Office.

(dd) "Federal clean air act" means the clean air act, 42 USC 7401 to 7671q.

(ee) "Federal clean water act" means the federal water pollution control act, 33 USC 1251 to 1389.

(ff) "Federal hazardous materials transportation act" means the hazardous materials transportation authorization act of 1994, Public Law 103-113.

(gg) "Federal safe drinking water act" means the safe drinking water act, 42 USC 201 to 300mm-62.

(hh) "FIFRA" means the federal insecticide, fungicide, and rodenticide act, 7 USC 136 to 136y.

(ii) "Final closure" means the closure of all hazardous waste management units at the facility under all applicable closure requirements so that hazardous waste management activities under parts 5 and 6 of these rules are no longer conducted at the facility unless the activities are subject to R 299.9305 to R 299.9307.

(jj) "Flood" means a flood that has a 1% chance of being equaled or exceeded in any given year.

(kk) "Floodplain" means any land area that is subject to a 1% or greater chance of flooding in any given year from any source.

(ll) "Food chain crops" means tobacco, crops grown for human consumption, and crops grown for feed for animals whose products are consumed by humans.

(mm) "Freeboard" means the vertical distance between the top of a tank or surface impoundment dike and the surface of the waste contained in the tank or surface impoundment dike.

(nn) "Free liquids" means liquids that readily separate from the solid portion of a waste at ambient temperature and pressure. Pyridine, 3-(1-methyl-2-pyrrolidinyl)-, (S)-, & salts (this listing does not include patches, gums and lozenges that are FDA-approved over-thecounter nicotine replacement therapies).

(oo) "Fugitive emissions" means air contaminant emissions that emanate from non-point emission sources or sources other than stacks, ducts, or vents.

(pp) "Functionally equivalent element" means an element that performs the same function or measurement and that meets or exceeds the performance specifications of another element.

2013 AACS; 2017 AACS; 2020 AACS; 2025 AACS.

**History**
- *History: 1985 AACS; 1988 AACS; 1994 AACS; 1996 AACS; 1998 AACS; 2000 AACS; 2004 AACS;*

##### **Mich. Admin. Code R 299.9104** Definitions; G to I {#sec-r-299.9104 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9104}

Rule 104. As used in these rules:

(a) "Generator" means any person, by site, whose act or process produces hazardous waste identified or listed in part 2 of these rules or whose act first causes a hazardous waste to become subject to regulation.

(b) "Geologist" means a person who, by reason of the person’s knowledge of geology, mathematics, and the physical and life sciences, acquired by education and experience, is equipped to practice geology.

(d) "Hazardous secondary material" means a secondary material such as a spent material, byproduct, or sludge that, when discarded, is identified as hazardous waste under part 2 of these rules.

(e) "Hazardous secondary material generator" means a person whose act or process produces hazardous secondary materials at the generating facility. For the purpose of this definition, a generating facility includes all contiguous property owned, leased, or otherwise controlled by the hazardous secondary material generator.

(f) "Hazardous waste" means a hazardous waste, as that term is defined in R 299.9203.

(g) "Hazardous waste electronic nicotine delivery system" or "hazardous waste ENDS" means an electronic nicotine delivery system that is a waste and exhibits 1 or more characteristics identified in R 299.9212 or is listed in R 299.9213 or R 299.9214.

(h) "Hazardous waste fuel" means hazardous waste burned for energy recovery in any boiler or industrial furnace that is not regulated as an incinerator or fuel produced from hazardous waste for this purpose by processing, blending, or other treatment.

(i) "Hazardous waste management unit" means a contiguous area of land on or in which hazardous waste is placed or is the largest area in which there is a significant likelihood of mixing hazardous waste constituents in the same area. Examples of hazardous waste management units include all the following:

(i) A surface impoundment.

(ii) A waste pile.

(iii) A land treatment area.

(iv) A landfill cell.

(v) An incinerator.

(vi) A tank and its associated piping and underlying containment system.

(vii) A container storage area. A container alone does not constitute a unit. The unit includes containers and the land or pad on which they are placed.

(viii) A miscellaneous unit.

(j) "Hazardous waste number" means the code number that is used to identify a particular type of hazardous waste.

(k) "Hazardous waste pharmaceutical" means a pharmaceutical that is a waste and exhibits 1 or more characteristics identified in R 299.9212 or is listed in R 299.9213 or R 299.9214.

A pharmaceutical is not a waste and therefore not a hazardous waste pharmaceutical if it is legitimately used or reused or reclaimed. An over-the-counter pharmaceutical, dietary supplement, or homeopathic drug is not a waste and therefore not a hazardous waste pharmaceutical if it has a reasonable expectation of being legitimately used or reused or reclaimed.

(l) "Healthcare facility" means any person that is lawfully authorized to do either of the following:

(i) Provide preventative, diagnostic, therapeutic, rehabilitative, maintenance or palliative care, and counseling, service, assessment, or procedure with respect to the physical or mental condition, or functional status, of a human or animal or that affects the structure or function of the human or animal body.

(ii) Distribute, sell, or dispense pharmaceuticals, including over-the-counter pharmaceuticals, dietary supplements, homeopathic drugs, or prescription pharmaceuticals, including, but not limited to, wholesale distributors, third-party logistics providers that serve as forward distributors, military medical logistics facilities, hospitals, psychiatric hospitals, ambulatory surgical centers, health clinics, physicians’ offices, optical and dental providers, chiropractors, long-term care facilities, ambulance services, pharmacies, longterm care pharmacies, mail-order pharmacies, retailers of pharmaceuticals, veterinary clinics, and veterinary hospitals. Healthcare facility does not include pharmaceutical manufacturers, reverse distributors, or reverse logistics centers.

(m) "Holocene" means the most recent epoch of the quaternary period extending from the end of the Pleistocene to the present.

(n) "Home scrap metal" means scrap metal as generated by steel mills, foundries, and refineries such as turnings, cuttings, punchings, and borings.

(o) "Household do-it-yourselfer used oil" means oil that is derived from households, such as used oil generated by individuals through the maintenance of personal vehicles.

(p) "Household do-it-yourselfer used oil generator" means an individual who generates household do-it-yourselfer used oil.

(q) "Household waste electronic nicotine delivery system" or "Household waste ENDS" means an electronic nicotine delivery system that is a waste but is excluded from being a hazardous waste under R 299.9204(2)(a).

(r) "Household waste pharmaceutical" means a pharmaceutical that is a waste but is excluded from being a hazardous waste under R 299.9204(2)(a).

(s) "Import" means the act of bringing hazardous waste into the United States from a foreign country.

(t) "Inactive portion" means that portion of a facility that is not operated after November 19, 1980.

(u) "Inactive range” means a military range that is not currently being used, but is still under military control and considered by the military to be a potential range area, and that has not been put to a new use that is incompatible with range activities.

(v) "Incinerator" means an enclosed device that satisfies either of the following criteria:

(i) Uses controlled flame combustion, does not meet the criteria for classification as a boiler, sludge dryer, or carbon regeneration unit, and is not listed as an industrial furnace.

(ii) Meets the definition of an infrared incinerator or plasma arc incinerator.

(w) "Incompatible waste" means a hazardous waste that is unsuitable for either of the following:

(i) Placement in a particular device or facility because it may cause the corrosion or decay of containment materials, for example, container inner liners or tank walls.

(ii) Commingling with another waste or material under uncontrolled conditions because the commingling might produce heat or pressure; fire or explosion; a violent reaction; toxic dusts, mists, fumes, or gases; or flammable fumes or gases. Examples of incompatible wastes are described in 40 CFR part 264, appendix V, and part 265, appendix V.

(x) "Independent requirement" means a requirement in part 3 of the rules that states an event, action, or standard that must occur or be met, and that applies without relation to, or irrespective of, the purpose of obtaining a conditional exemption from the operating license, interim status, and operating standards under R 299.9304 to R 299.9307, R 299.9315, or R 299.9316.

(y) "Individual generation site" means the contiguous site at or on which 1 or more hazardous wastes are generated. An individual generation site, such as a large manufacturing plant, may have 1 or more sources of hazardous waste, but is considered a single or individual generation site if the site or property is contiguous.

(z) "Industrial furnace" means any of the following enclosed devices that are integral components of manufacturing processes and that use thermal treatment to accomplish the recovery of materials or energy:

(i) Cement kilns.

(ii) Lime kilns.

(iii) Aggregate kilns.

(iv) Phosphate kilns.

(v) Coke ovens.

(vi) Blast furnaces.

(vii) Smelting, melting, and refining furnaces, including pyrometallurgical devices, such as cupolas, reverberator furnaces, sintering machines, roasters, and foundry furnaces.

(viii) Titanium dioxide chloride process oxidation reactors.

(ix) Methane reforming furnaces.

(x) Pulping liquor recovery furnaces.

(xi) Combustion devices that are used in the recovery of sulfur values from spent sulfuric acid.

(xii) Halogen acid furnaces for the production of acid from halogenated hazardous waste generated by chemical production facilities where the furnace is located on the site of a chemical production facility, the acid product has a halogen acid content of not less than 3%, the acid product is used in a manufacturing process, and, except for hazardous waste burned as a fuel, hazardous waste fed to the furnace has a minimum halogen content of 20% as-generated.

(xiii) Other devices that the administrator may, after notice and comment, add to this subdivision based on 1 or more of the following factors:

(A) The design and use of the device primarily to accomplish the recovery of material products.

(B) The use of the device to burn or reduce raw materials to make a material product.

(C) The use of the device to burn or reduce secondary materials as effective substitutes for raw materials in processes using raw materials as principal feedstocks.

(D) The use of the device to burn or reduce secondary materials as ingredients in an industrial process to make a material product.

(E) The use of the device in common industrial practice to produce a material product.

(F) Other factors, as appropriate.

(aa) "Infrared incinerator" means any enclosed device that uses electric powered resistance heaters as a source of radiant heat followed by an afterburner using controlled flame combustion and that is not listed as an industrial furnace.

(bb) "Inground tank" means a device that satisfies the definition of tank specified in R 299.9108(a) and that has a portion of its wall situated, to any degree, within the ground, that prevents visual inspection of the external surface area of the device that is in the ground.

(cc) "Injection well" means a well into which fluids are injected.

(dd) "Inner liner" means a continuous layer of material that is placed inside a tank or container and that protects the construction materials of the tank or container from the contained waste or reagents used to treat the waste.

(ee) "In operation" means a facility is treating, storing, or disposing of hazardous waste.

(ff) "Installation inspector" means a person, by reason of the person’s knowledge of the physical sciences and the principles of engineering acquired by a professional education and related practical experience, is qualified to supervise the installation of tank systems.

(gg) "Intermediate facility" means any facility that stores hazardous secondary materials for more than 10 days, other than a hazardous secondary material generator or reclaimer of the material.

(hh) "International shipment" means the transportation of hazardous waste into or out of the jurisdiction of the United States.

2017 AACS; 2020 AACS; 2025 AACS.

**History**
- *History: 1985 AACS; 1988 AACS; 1994 AACS; 1996 AACS; 2000 AACS; 2008 AACS; 2013 AACS;*

##### **Mich. Admin. Code R 299.9105** Definitions; L to N {#sec-r-299.9105 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9105}

Rule 105. As used in these rules:

(a) "Lamp" means the bulb or tube portion of a lighting device specifically designed to produce radiant energy, most often in the ultraviolet, visible, and infrared regions of the electromagnetic spectrum. Examples of common lamps include incandescent, fluorescent, high intensity discharge, sodium vapor, mercury vapor, and neon lamps.

(b) "Land-based unit" means an area where hazardous secondary materials are placed in or on the land before recycling. Land-based unit does not include land-based production units.

(c) "Land disposal" means placement in or on the land and includes, but is not limited to, placement in any of the following:

(i) A landfill.

(ii) A surface impoundment.

(iii) A waste pile.

(iv) An injection well.

(v) A land treatment facility.

(vi) A salt dome formation.

(vii) A salt bed formation.

(viii) An underground mine or cave.

(ix) A concrete vault or bunker intended for disposal purposes.

Land disposal also means placement in or on the land by means of open detonation and open burning where the residues continue to exhibit 1 or more of the characteristics of hazardous waste. Land disposal does not include ocean disposal.

(d) "Land disposal restriction treatment standards" means the treatment standards under 40 CFR part 268 that a hazardous waste must meet.

(e) "Landfill" means a disposal facility or part of a facility where hazardous waste is placed in or on land. Landfill does not include any of the following:

(i) A pile.

(ii) A land treatment facility.

(iii) A surface impoundment.

(iv) An underground injection well.

(v) A salt dome formation.

(vi) A salt bed formation.

(vii) An underground mine or cave.

(viii) A corrective action management unit.

(f) "Landfill cell" means a discrete volume of a hazardous waste landfill that uses a liner to provide isolation of wastes from adjacent cells or wastes. Examples of landfill cells are trenches and pits.

(g) "Land treatment facility" means a treatment facility or part of a treatment facility at which hazardous waste is applied onto or incorporated into the soil surface. The facilities are disposal facilities if the waste remains after closure.

(h) "Large quantity generator" means a generator that generates any of the following amounts in a calendar month:

(i) Greater than or equal to 1000 kilograms of non-acute hazardous waste.

(ii) Greater than 1 kilogram of acute hazardous waste.

(iii) Greater than 1 kilogram of severely toxic hazardous waste.

(iv) Greater than 100 kilograms of any residue or contaminated soil, water, or other debris resulting from the cleanup of a spill, into or on any land or water, of any acute hazardous waste or severely toxic hazardous waste.

(i) "Leachate" means any liquid, including any suspended components in the liquid, that has percolated through or drained from hazardous waste.

(j) "Leak detection system" means a system capable of detecting the failure of either the primary or secondary containment structure or the presence of a release of hazardous waste or accumulated liquid in the secondary containment structure. The system must employ operational controls, such as daily visual inspections for releases into the secondary containment system or aboveground tanks or consist of an interstitial monitoring device designed to continuously and automatically detect the failure of the primary or secondary containment structure or the presence of a release of hazardous waste into the secondary containment structure.

(k) "Lift" means a layer of placed materials, including a layer of compacted clay in a landfill liner or cap, or a layer of waste in a landfill.

(l) "Liner" means a continuous layer of natural or man-made materials beneath or on the sides of a surface impoundment, landfill, or landfill cell that restricts the downward or lateral escape of hazardous waste, hazardous waste constituents, or leachate.

(m) "Long-term care facility" means a licensed entity that aids with activities of daily living, including managing and administering pharmaceuticals to 1 or more individuals at the facility. Long-term care facility includes, but is not limited to, hospice facilities, nursing facilities, skilled nursing facilities, and the nursing and skilled nursing care portions of continuing care retirement communities. Long-term care facility does not include group homes, independent living communities, assisted living facilities, and the independent and assisted living portions of continuing care retirement communities.

(n) "Low-level mixed waste" or "LLMW" means a waste that contains both LLRW and hazardous waste.

(o) "Low-level radioactive waste" or "LLRW" means a radioactive waste that contains source, special nuclear, or byproduct materials, and that is not classified high-level radioactive waste, transuranic waste, spent nuclear fuel, or byproduct materials as those terms are defined in section 11 of the atomic energy act of 1954, 42 USC 2014.

(p) "Management" or "hazardous waste management" means the systematic control of the collection, source separation, storage, transportation, processing, treatment, recovery, and disposal of hazardous waste.

(q) "Manifest" means the shipping document EPA Form 8700-22, including, if necessary, EPA Form 8700-22A, or the electronic manifest, in accordance with the applicable requirements of parts 3, 4, and 6 of these rules.

(r) "Manifest tracking number" means the alphanumeric identification number which is reprinted in item 4 of the manifest by a registered source.

(s) "Method of treatment or disposal" means 1 of the major categories of treatment or disposal used for hazardous waste, including any of the following:

(i) Landfill.

(ii) Land treatment.

(iii) Thermal treatment.

(iv) Chemical treatment.

(v) Physical treatment.

(vi) Biological treatment.

(t) "Military" means the DOD, the United States Armed Services, Coast Guard, National Guard, DOE, or other parties under contract or acting as agent for any of the parties, that handle military munitions.

(u) "Military munitions" means all ammunition products and components produced or used by or for the DOD or the United States Armed Services for national defense and security, including military munitions under the control of the DOD, the United States Coast Guard, the DOE, and National Guard personnel. Military munitions includes any of the following: confined gaseous, liquid, and solid propellants, explosives, pyrotechnics, chemical and riot control agents, smokes, and incendiaries used by DOD components, including bulk explosives and chemical warfare agents, chemical munitions, rockets, guided and ballistic missiles, bombs, warheads, mortar rounds, artillery ammunitions, small arms ammunitions, grenades, mines, torpedoes, depth charges, cluster munitions and dispensers, demolitions charges, and devices and components thereof. Military munitions do not include wholly inert items, improvised explosive devices, and nuclear weapons, nuclear devices, and nuclear components thereof. However, military munitions include nonnuclear components of nuclear devices, managed under the DOE's nuclear weapons program after all required sanitization operations under the atomic energy act of 1954, 42 USC 2011 to 2297g-4, have been compiled.

(v) "Military range" means designated land and water areas set aside, managed, and used to conduct research on, develop, test, and evaluate military munitions and explosives, other ordnance, or weapon systems, or to train military personnel in their use and handling.

Ranges include firing lines and positions, maneuver areas, firing lanes, test pads, detonation pads, impact areas, and buffer zones with restricted access and exclusionary areas.

(w) "Mining overburden returned to the mine site" means any material overlying an economic mineral deposit that is removed to gain access to the deposit and is used for reclamation of a surface mine.

(x) "Miscellaneous unit" means a hazardous waste management unit where hazardous waste is treated, stored, or disposed of. Miscellaneous unit does not include any of the following:

(i) A container.

(ii) A tank.

(iii) A surface impoundment.

(iv) A pile.

(v) A land treatment unit.

(vi) A landfill.

(vii) An incinerator.

(viii) A boiler.

(ix) An industrial furnace.

(x) An underground injection well with appropriate technical standards pursuant to 40 CFR part 146.

(xi) A unit that is eligible for a temporary operating license for research under R 299.9501.

(xii) A corrective action management unit.

(xiii) A staging pile.

(y) "Movement" means that hazardous waste transported to a facility in an individual vehicle.

(z) "Mixed waste" means a waste that contains both hazardous waste and source, special nuclear, or byproduct material subject to the atomic energy act of 1954, 42 USC 2011 to 2297g-4.

(aa) "Naturally occurring and/or accelerator-produced radioactive material" or "NARM" means radioactive material that is regulated by a state under state law, or by the DOE, as authorized by the atomic energy act of 1954, 42 USC 2011 to 2296g-4, under DOE orders, and meets either of the following requirements:

(i) Is radioactive material that is naturally occurring and is not source, special nuclear, or byproduct material, as those terms are defined by the atomic energy act of 1954, 42 USC 2011 to 2297g-4.

(ii) Is radioactive material that is produced by an accelerator.

(bb) "New tank system" means a tank system or component that is used for the storage or treatment of hazardous waste and for which installation has commenced after July 14, 1986. As used in 40 CFR 264.193(g)(2) and 265.193(g)(2), a new tank system is one for which construction commences after July 14, 1986.

(cc) "NFPA" means the National Fire Protection Association.

(dd) "No free liquids" as used in R 299.9204, means that solvent-contaminated wipes may not contain free liquids as determined by Method 9095B, the Paint Filter Liquids Test, included in Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, EPA publication SW846, or by another standard or test method approved by the director, and that there is no free liquid in the container holding the wipes.

(ee) "Non-acute hazardous waste" means all hazardous waste that are not acute hazardous waste or severely toxic hazardous waste.

(ff) "Non-creditable hazardous waste" means a non-creditable hazardous waste pharmaceutical or a hazardous waste electronic nicotine delivery system.

(gg) "Non-creditable hazardous waste pharmaceutical" means a prescription hazardous waste pharmaceutical that does not have a reasonable expectation to be eligible for manufacturer credit or a nonprescription hazardous waste pharmaceutical that does not have a reasonable expectation to be legitimately used or reused or reclaimed.

Non-creditable hazardous waste pharmaceutical includes, but is not limited to, investigational drugs, free samples of pharmaceuticals received by healthcare facilities, residues of pharmaceuticals remaining in empty containers, contaminated personal protective equipment, floor sweepings, and clean-up material from the spills of pharmaceuticals.

(hh) "Non-hazardous waste pharmaceutical" means a pharmaceutical that is a waste and is not listed in R 299.9213 or R 299.9214 and does not exhibit a characteristic identified in R 299.9212.

(ii) "Non-pharmaceutical hazardous waste" means a waste that is listed in R 299.9213 or R 299.9214 or exhibits 1 or more characteristics identified in R 299.9212 but is not a pharmaceutical or an electronic nicotine delivery system.

(jj) "NRC" means the United States Nuclear Regulatory Commission.

(kk) "NRC license" or "NRC agreement state license" means a license issued by the NRC, or NRC agreement state, to users that manage radionuclides regulated by the NRC, or NRC agreement states, under the authority of the atomic energy act of 1954, 42 USC 2011 to 2297g-4.

Editor's Note: An obvious error in R 299.9105 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Michigan Register, 2025 MR 8. The memorandum requesting the correction was published in Michigan Register, 2025 MR 13.

**History**
- *History: 1985 AACS; 1988 AACS; 1994 AACS; 1996 AACS; 2000 AACS; 2004 AACS;2008 AACS; 2013 AACS; 2017 AACS; 2020 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 299.9106** Definitions; O to Q {#sec-r-299.9106 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9106}

Rule 106. As used in these rules:

(a) "On-ground tank" means a device that satisfies the definition of "tank" in R 299.9108(a) and that is situated so that the bottom of the tank is on the same level as the adjacent surrounding surface so that the external tank bottom cannot be visually inspected.

(b) "On-site" means on the same or geographically contiguous property, which may be divided by a public or private right-of-way if the entrance and exit between the pieces of property are at a crossroads intersection and access is by crossing, rather than going along, the right-of-way. On-site includes noncontiguous pieces of property owned by the same person but connected by a right of way that the owner controls and that the public does not have access.

(c) "On-site treatment facility" means a facility that is for the treatment of hazardous waste in tanks or containers, that is located on the site of generation of the wastes, and that does not do either of the following:

(i) Include equipment for incineration.

(ii) Accept hazardous wastes from other generators.

(d) "Open burning" means the combustion of any material without any of the following characteristics:

(i) Control of combustion air to maintain adequate temperature for efficient combustion.

(ii) Containment of the combustion reaction in an enclosed device to provide sufficient residence time and mixing for complete combustion.

(iii) Control of the emission of the gaseous combustion products. See also "incineration" and "thermal treatment."

(e) "Operating license" means a license to construct a new facility or expand, enlarge, or alter an existing facility, or to operate a facility pursuant to the authority of part 111.

(f) "Operator" means the person responsible for the overall operation of a facility.

(g) "Owner" means the person that owns a treatment, storage, or disposal facility, or part of a facility, including the titleholder of the land on which the facility is located.

(h) "Part 31" means part 31 of the act, MCL 324.3101 to 324.3134.

(i) "Part 55" means part 55 of the act, MCL 324.5501 to 324.5542.

(j) "Part 111" means part 111 of the act, MCL 324.11101 to 324.11153.

(k) "Part 115" means part 115 of the act, MCL 324.11501 to 324.11587.

(l) "Part 201" means part 201 of the act, MCL 324.20101 to 324.20142.

(m) "Part 213" means part 213 of the act, MCL 324.21301a to 324.21334.

(n) "Partial closure" means the closure of a hazardous waste management unit pursuant to the applicable closure requirements of 40 CFR part 265 and part 6 of these rules at a facility that contains other active hazardous waste management units. For example, partial closure may include the closure of a tank, including its associated piping and underlying containment systems, a landfill cell, surface impoundment, waste pile, or other hazardous waste management units while other units of the same facility continue to operate.

(o) "Person" means any of the following entities:

(i) An individual.

(ii) A partnership.

(iii) The state.

(iv) A trust.

(v) A firm.

(vi) A joint stock company.

(vii) A federal agency.

(viii) A corporation, including a government corporation.

(ix) An association.

(x) A municipality (xi) A commission.

(xii) A political subdivision of a state.

(xiii) Any interstate body.

(xiv) Another public body created by or under state law.

(p) "Personnel" or "facility personnel" means all persons that work at, or oversee the operations of, a hazardous waste facility and whose actions or failure to act might result in noncompliance with part 111 or these rules.

(q) "Pesticide" means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest, or intended for use as a plant regulator, defoliant, or desiccant, other than any article that meets any of the following criteria:

(i) Is a new animal drug under section 201(v) of the federal food, drug, and cosmetic act, 21 USC 321.

(ii) Is an animal drug that has been determined by regulation of the secretary of health and human services not to be a new animal drug.

(iii) Is an animal feed under section 201(w) of the federal food, drug, and cosmetic act, 21 USC 321, that bears or contains any substances identified in paragraph (i) or (ii) of this subdivision.

(r) "Petrochemical recovered oil" means oil that has been reclaimed from secondary materials from normal organic chemical manufacturing processes and oil recovered from organic chemical manufacturing processes.

(s) "Petroleum refining facility" means an establishment that is primarily engaged in producing gasoline, kerosene, distillate fuel oils, residual fuel oils, and lubricants through fractionation, straight distillation of crude oil, redistillation of unfinished petroleum derivatives, cracking, or other processes.

(t) "Pharmaceutical" means any drug or dietary supplement for use by humans or other animals. Pharmaceutical includes, but not limited to, the following:

(i) Dietary supplements, as that term is defined by section 201 the federal food, drug and cosmetic act, 21 USC 321.

(ii) Prescription drugs, as that term is defined by 21 CFR 203.3(y).

(iii) Over-the-counter drugs.

(iv) Homeopathic drugs.

(v) Compounded drugs.

(vi) Investigational new drugs.

(vii) Pharmaceuticals remaining in non-empty containers.

(viii) Personal protective equipment contaminated with pharmaceuticals.

(ix) Clean-up material from spills of pharmaceuticals.

(u) Electronic nicotine delivery systems that are subject to regulation as a drug, device, or combination product by the FDA.

Pharmaceutical does not include dental amalgam or sharps.

(v) "Pile" means any noncontainerized accumulation of solid, nonflowing hazardous waste that is used for treatment or storage.

(w) "Planned episodic event" means an episodic event that the generator planned and prepared for, including regular maintenance, tank cleanouts, short-term projects, and removal of excess chemical inventory.

(x) "Plasma arc incinerator" means any enclosed device that uses a high intensity electrical discharge or arc as a source of heat followed by an afterburner using controlled flame combustion and is not listed as an industrial furnace.

(y) "Point source" means any discernible, confined, and discrete conveyance, including any of the following from which pollutants are or might be discharged:

(i) A pipe.

(ii) A ditch.

(iii) A channel.

(iv) A tunnel.

(v) A conduit.

(vi) A well.

(vii) A discrete fissure.

(viii) A container.

(ix) Rolling stock.

(x) A concentrated animal feeding operation.

(xi) A vessel or other floating craft.

Point source does not include return flows from irrigated agriculture.

(z) "Potentially creditable hazardous waste pharmaceutical" means a prescription hazardous waste pharmaceutical that has a reasonable expectation to receive manufacturer credit and meets all the following requirements:

(i) Is in the original manufacturer packaging, except pharmaceuticals that were subject to a recall.

(ii) Is undispensed.

(iii) Is unexpired or less than 1 year past expiration date.

Potentially creditable hazardous waste pharmaceutical does not include evaluated hazardous waste pharmaceuticals or nonprescription pharmaceuticals, such as over-thecounter drugs, homeopathic drugs, and dietary supplements.

(aa) "Primary monitoring parameter" means indicator parameters, for example, specific conductance, total organic carbon, or total organic halogen; hazardous waste constituents; or reaction products which provide a reliable indication of the presence of hazardous constituents in groundwater and which, when specified in a facility operating license, are subject to all the requirements of 40 CFR part 264, subpart F.

(bb) "Processed scrap metal" means scrap metal that has been manually or physically altered to either separate it into distinct materials to enhance economic value or to improve the handling of materials. Processed scrap metal includes, but is not limited to, scrap metal which has been baled, shredded, sheared, chopped, crushed, flattened, cut, melted, or separated by metal type and fines, drosses, and related materials that have been agglomerated. Shredded circuit boards being sent for recycling are not considered processed scrap and are covered under the exclusion from the definition of waste for shredded circuit boards that are being recycled in R 299.9204.

(cc) "Processing" means chemical or physical operations designed to produce from used oil, or to make used oil more amenable for production of, fuel oils, lubricants, or other used oil-derived products. Processing includes all the following:

(i) Blending used oil with virgin petroleum products.

(ii) Blending used oils to meet fuel specifications.

(iii) Filtration.

(iv) Simple distillation.

(v) Chemical or physical separation.

(vi) Re-refining.

(dd) "Prompt scrap metal" means scrap metal as generated by the metal working and fabrication industries. Prompt scrap metal, which is also known as "industrial" or "new" scrap metal, includes all the following:

(i) Turnings.

(ii) Cuttings.

(iii) Punching.

(iv) Borings.

(ee) "Publicly owned treatment works" or "POTW," means any device or system which is used in the treatment, including recycling and reclamation, of municipal sewage or industrial wastes of a liquid nature and which is owned by state or municipality, as those terms are defined by section 502(4) of the federal clean water act, 33 USC 1362. Publicly owned treatment works includes sewers, pipes, or other conveyances only if they convey wastewater to a POTW providing treatment.

2020 AACS; 2025 AACS.

**History**
- *History: 1985 AACS; 1988 AACS; 1994 AACS; 1996 AACS; 2000 AACS; 2004 AACS; 2013 AACS;*

##### **Mich. Admin. Code R 299.9107** Definitions; R to S {#sec-r-299.9107 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9107}

Rule 107. As used in these rules:

(a) "RCRA" means the solid waste disposal act, as amended by the resource conservation and recovery act of 1976, USC 6901 to 6992k.

(b) "Reclamation" means either processing to recover a usable product or regeneration, such as in the recovery of lead values from spent batteries and the regeneration of spent solvents. For R 299.9204(1)(aa) and (bb), smelting, melting, and refining furnaces are considered to be solely engaged in metals reclamation if the metal recovery from the hazardous secondary materials meets the same requirements as those specified for metals recovery from hazardous waste of 40 CFR 266.100(d)(1) to (3), and if the residuals meet the requirements of R 299.9808.

(c) "Recognized trader" means a person domiciled in the United States, by site of business, that acts to arrange and facilitate transboundary movements of wastes destined for recovery or disposal operations, either by purchasing from and subsequently selling to United States and foreign facilities, or by acting under arrangements with a United States waste facility to arrange for the export or import of the wastes.

(d) "Recreational property" means all lands that are predominately intended to provide outdoor recreational activities under the control and operation of a governmental agency, such as outdoor parks, preserves, campgrounds, and wildlife refuges.

(e) "Recycle" means use, reuse, or reclamation. Material is used or reused if it is either of the following:

(i) Employed as an ingredient in an industrial process to make a product, unless distinct components of the material are recovered as separate end products, such as when metals are recovered from metal-containing secondary materials.

(ii) Employed in a particular function or application as an effective substitute for a commercial product, such as spent pickle liquor used as phosphorus precipitant and sludge conditioner in wastewater treatment.

(f) "Recyclable material" means hazardous waste that is recycled.

(g) "Re-refining distillation bottoms" means the heavy fraction produced by vacuum distillation of filtered and dehydrated used oil. The composition of still bottoms varies with column operation and feedstock.

(h) "Regional administrator" means the regional administrator or the regional administrator’s designee for the EPA region in which the facility is located.

(i) "Regulated unit" means a surface impoundment, waste pile, land treatment unit, or landfill that received hazardous waste after July 26, 1982.

(j) "Remanufacturing" means processing higher-value secondary material to manufacture a product that serves a similar functional purpose as the original commercial-grade material. For this definition, a hazardous secondary material is considered higher-value if it was generated from the use of a commercial-grade material in a manufacturing process and can be remanufactured into a similar commercial-grade material.

(k) "Remedial action plan" or "RAP" means a special form of an operating license that a facility owner or operator may obtain instead of an operating license issued under part 5 of these rules. The RAP must authorize the treatment, storage, or disposal of hazardous remediation waste at a remediation waste management site.

(l) "Remediation waste" means all wastes and hazardous wastes, and all media, including groundwater, surface water, soils, and sediments, and debris, that are managed for implementing cleanup.

(m) "Remediation waste management site" means a facility where an owner or operator is or will be treating, storing, or disposing of hazardous remediation wastes. A remediation waste management site is not a facility that is subject to corrective action under R 299.9629 but is subject to the corrective action requirements of part 111 and these rules if the site is located in such a facility.

(n) "Representative sample" means a sample of a universe or whole that can be expected to exhibit the average properties of the universe or whole.

(o) "Retention time" means the minimum time hazardous waste is subjected continuously to a required combustion zone temperature in an incinerator.

(p) "Reverse distributor" means any person that receives and accumulates prescription pharmaceuticals that are potentially creditable hazardous waste pharmaceuticals facilitating or verifying manufacturer credit. Any person, including forward distributors, third-party logistics providers, and pharmaceutical manufacturers, that processes prescription pharmaceuticals for the facilitation or verification of manufacturer credit is considered a reverse distributor.

(q) "Run-off" means any rainwater, leachate, or other liquid that drains over land from any part of a facility.

(r) "Run-on" means any rainwater, leachate, or other liquid that drains over land onto any part of a facility.

(s) "Saturated zone" or "zone of saturation" means that part of the earth's crust in which all voids are filled with water.

(t) "Scrap metal" means bits and pieces of metal parts, such as bars, turnings, rods, sheets, wire, or metal pieces, that may be combined with bolts or by soldering, such as radiators, scrap automobiles, and railroad car boxes, and that, when worn or superfluous, may be recycled.

(u) "Secondary monitoring parameter" means ions such as calcium, sodium, magnesium, iron, chloride, sulfate, bicarbonate, and carbonate; waste constituents; reaction products; or other parameters that provide an indication of the presence of hazardous constituents in groundwater and are not subject to the requirements of 40 CFR part 264, subpart F.

(v) "Severely toxic hazardous waste" means a waste that exhibits the characteristic of severe toxicity by containing 1 part per million or more of a severely toxic substance listed in table 202 of part 2 of these rules.

(w) "Sham recycling" means recycling that is not legitimate recycling as outlined in R 299.9232. A hazardous secondary material found to be sham recycled is considered discarded and a waste.

(x) "Site identification number" means the number that is assigned by the EPA or the EPA's designee to each generator, transporter, and treatment, storage, or disposal facility.

If a generator, transporter, or treatment, storage, or disposal facility manages wastes that are hazardous under these rules, but are not hazardous under RCRA, site identification number means an equivalent number that is assigned by the director.

(y) "Sludge" means any solid, semisolid, or liquid waste generated from a municipal, commercial, or industrial wastewater treatment plant, water supply treatment plant, or air pollution control facility, exclusive of the treated effluent from a wastewater treatment plant.

(z) "Sludge dryer" means any enclosed thermal treatment device that is used to dehydrate sludge and that has a maximum total thermal input, excluding the heating value of the sludge itself, of 2,500 BTU per pound of sludge treated on a wet-weight basis.

(aa) "Small quantity generator" means a generator that generates the following amounts in a calendar month:

(i) Greater than 100 kilograms but less than 1,000 kilograms of non-acute hazardous waste.

(ii) Less than or equal to 1 kilogram of acute hazardous waste.

(iii) Less than or equal to 1 kilogram of severely toxic hazardous waste.

(iv) Less than or equal to 100 kilograms of any residue or contaminated soil, water, or other debris resulting from the cleanup of a spill, into or on any land or water, of any acute hazardous waste or severely toxic hazardous waste.

(bb) "Sole-source aquifer" means an aquifer designated pursuant to section 1424(e) of the federal safe drinking water act, 42 USC 300h-3.

(cc) "Solvent-contaminated wipe" means a wipe that, after use or after cleanup of a spill, meets any of the following criteria:

(i) Contains 1 or more of the F001 to F005 solvents listed in R 299.9220 or the corresponding P- or U-listed solvents found in R 299.9224, R 299.9225, or R 299.9226.

(ii) Exhibits a hazardous characteristic as defined in R 299.9212 and that characteristic results from a solvent listed in part 2 of these rules.

(iii) Exhibits only the hazardous characteristic of ignitability as defined in R 299.9212 due to the presence of 1 or more solvents that are not listed in part 2 of these rules.

Solvent-contaminated wipes that contain listed hazardous wastes other than solvents, or exhibit the characteristic of toxicity, corrosivity, or reactivity due to contaminants other than solvents, are not eligible for the exclusions in R 299.9204(1)(z) and (2)(q).

(dd) "Sorbent" means a material that is used to soak up free liquids by either adsorption or absorption, or both.

(ee) "Speculative accumulation" means accumulation before being recycled. A material is not accumulated speculatively if the person accumulating the material shows that all the following requirements are met:

(i) That the material is potentially recyclable and has a feasible means of being recycled.

(ii) That during the calendar year commencing on January 1, the amount of material that is recycled or transferred to a different site for recycling equals not less than 75% by weight or volume of the amount of that material accumulated at the beginning of the period. In calculating the percentage of turnover, the 75% requirement is to be applied to each material of the same type that is recycled in the same way. Materials accumulating in units that are exempt from regulation under R 299.9204(3)(a) or are already defined as wastes must not be included in making the calculation. Materials are no longer in this category once they are removed from accumulation for recycling.

(iii) For hazardous secondary materials being recycled under R 299.9232, R 299.9233, or R 299.9234, the material is placed in a storage unit with a label indicating the first date that the material began to accumulate. If placing a label on the storage unit is not practicable, the accumulation period must be documented through an inventory log or other appropriate method.

(ff) "Spent material" means any material that has been used and, because of contamination, can no longer serve the purpose for which it was produced without processing.

(gg) "Staging pile" means an accumulation of solid, non-flowing remediation waste that is not a containment building and that is used only during remedial operations for temporary storage at a facility. Staging piles must be designated by the director under R 299.9638.

(hh) "Storage" means the holding of hazardous waste for a temporary period at the end of which the hazardous waste is treated, disposed of, or stored elsewhere.

(ii) "Sump" means any pit or reservoir which satisfies the definition of tank and the troughs or trenches connected to it that collect hazardous waste for transport to hazardous waste storage, treatment, or disposal facilities. When used in conjunction with the regulation of a landfill, surface impoundment, and waste pile, a sump means any lined pit or reservoir that collects liquids drained from a leachate collection and removal system or leak detection system for later removal from the system.

(jj) "Surface impoundment" or "impoundment" means a treatment, storage, or disposal facility or part of a treatment, storage, or disposal facility that is a natural topographic depression, manmade excavation, or diked area formed primarily of earthen materials, although it may be lined with manmade materials, that is designed to hold an accumulation of liquid wastes or wastes containing free liquids, and that is not an injection well. Surface impoundments include holding, storage, settling and aeration pits, ponds, and lagoons.

(kk) "Surface water" means a body of water whose top surface is exposed to the atmosphere and includes the Great Lakes, their connecting waters, all inland lakes and ponds, rivers and streams, impoundments, open drains, and other watercourses, except for drainage ways and ponds used solely for wastewater conveyance, treatment, or control.

2017 AACS; 2020 AACS; 2025 AACS.

**History**
- *History: 1985 AACS; 1988 AACS; 1994 AACS; 1996 AACS; 2000 AACS; 2004 AACS; 2013 AACS;*

##### **Mich. Admin. Code R 299.9108** Definitions; T {#sec-r-299.9108 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9108}

Rule 108. As used in these rules:

(a) "Tank" means a stationary device that is designed to contain an accumulation of hazardous waste and that is constructed primarily of nonearthen materials, such as wood, concrete, steel, or plastic, that provide structural support.

(b) "Tank system" means a hazardous waste storage or treatment tank and its associated ancillary equipment and containment system.

(c) "Thermal treatment" means the treatment of hazardous waste in a device that uses elevated temperatures as the primary means to change the chemical, physical, or biological character or composition of the hazardous waste. All the following are examples of thermal treatment processes:

(i) Incineration.

(ii) Molten salt.

(iii) Pyrolysis.

(iv) Calcination.

(v) Wet air oxidation.

(vi) Microwave discharge.

(d) "Thermostat" means a temperature control device that contains metallic mercury in an ampule attached to a bimetal sensing element and includes mercury-containing ampules that have been removed from the temperature control devices in compliance with the requirements of 40 CFR 273.13(c)(2) or 273.33(c)(2).

(e) "Title II of the solid waste disposal act" means the sections of Public Law 89-272 specified in the act.

(f) "Totally enclosed treatment facility" means a facility for the treatment of hazardous waste that is directly connected to an industrial production process and that is constructed and operated in a manner that prevents the release of any hazardous waste or any constituent of a hazardous waste into the environment during treatment. An example is a pipe in which waste acid is neutralized.

(g) "Transfer facility" means any transportation-related facility, including loading docks, parking areas, storage areas, and other similar areas, where shipments of hazardous waste or hazardous secondary materials are held during the normal course of transportation.

(h) "Transportation" means the movement of hazardous waste by air, rail, highway, or water.

(i) "Transport vehicle" means a motor vehicle or railcar that is used for the transportation of cargo by any mode. Each cargo-carrying body, such as a trailer or railroad freight car, is a separate transport vehicle.

(j) "Transporter" means a person that is engaged in the off-site transportation of hazardous waste by air, rail, highway, or water.

(k) "Treatability study" means a study in which a hazardous waste is subjected to a treatment process to determine any of the following:

(i) Whether the waste is amenable to the treatment process.

(ii) What pretreatment, if any, is required.

(iii) The optimal process conditions needed to achieve the desired treatment.

(iv) The efficiency of a treatment process for a specific waste or wastes.

(v) The characteristics and volumes of residuals from a particular treatment process. Also included in this definition for the exemptions specified in R 299.9204(7), (8), and (9) are liner compatibility, corrosion, and other material compatibility studies and toxicological and health effects studies. A treatability study is not a means to commercially treat or dispose of hazardous waste.

(l) "Treatment" means any method, technique, or process, including neutralization, that is designed to change the physical, chemical, or biological character or composition of any hazardous waste to neutralize the waste, to recover energy or material resources from the waste, or to render the waste nonhazardous or less hazardous, safer to transport, store, or dispose of, amenable to recovery or storage, or reduced in volume. Treatment includes any activity in processing that is designed to change the physical form or chemical composition of hazardous waste to render it nonhazardous.

(m) "Treatment facility" means a facility or part of a facility at which hazardous waste is subject to treatment.

(n) "Treatment zone" means a soil area of the unsaturated zone of a land treatment unit within which hazardous constituents are degraded, transformed, or immobilized.

(o) "Trial burn" means a test that is conducted under the requirements of an operating license to determine if the design of an incinerator or other thermal treatment device is satisfactory.

(p) "Trial operation" means an incinerator test that is conducted under the requirements of an operating license to determine if the operation of the incinerator or other thermal treatment device is satisfactory.

2020 AACS; 2025 AACS.

**History**
- *History: 1985 AACS; 1988 AACS; 1994 AACS; 1996 AACS; 2000 AACS; 2013 AACS; 2017 AACS;*

##### **Mich. Admin. Code R 299.9109** Definitions; U to Z {#sec-r-299.9109 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9109}

Rule 109. As used in these rules:

(a) "Underground injection" or "well injection" means the subsurface emplacement of fluids through a bored, drilled, or driven well or through a dug well where the depth of the dug well is greater than the largest surface dimension.

(b) "Underground tank" means a device that satisfies the definition of "tank" specified in R 299.9108 and that has its entire surface area below the surface of, and covered by, the ground.

(c) "Unexploded ordnance” means military munitions that have been primed, fused, armed, or otherwise prepared for action, and have been fired, dropped, launched, projected, or placed in a manner that constitutes a hazard to operations, installation, personnel, or material and remain unexploded either by malfunction, design, or another cause.

(d) "Unfit for use tank system" means a tank system that has been determined, through an integrity assessment or other inspection, to be no longer capable of storing or treating hazardous waste without posing a threat of release of hazardous waste to the environment.

(e) "United States" or "state" means any of the following:

(i) The 50 states.

(ii) The District of Columbia.

(iii) The Commonwealth of Puerto Rico.

(iv) The United States Virgin Islands.

(v) Guam.

(vi) American Samoa.

(vii) The Commonwealth of the Northern Mariana Islands.

(f) "United States importer" means a person that has lawfully recognized resident status within the United States and brings, or arranges for the entry of, a shipment of hazardous waste into the United States from a foreign country. A United States importer may be any of the following persons:

(i) The person that is liable for primary payment of any United States customs duties on the hazardous waste.

(ii) An agent, as that term is defined in R 299.9101.

(iii) The treatment, storage, or disposal facility designated on the manifest.

(iv) The importer of record as designated on the United States customs entry documents.

(v) The transporter that carries the hazardous waste at the point of entry.

(vi) The consignee.

(g) "Universal waste" means any of the hazardous wastes that are identified in R 299.9228(1) and managed under R 299.9228.

(h) "Universal waste handler" means a generator of universal waste or the owner or operator of a facility, including all contiguous property, that receives universal waste from other universal waste handlers, accumulates universal waste, and sends universal waste to another universal waste handler, a destination facility, or a foreign destination. Universal waste handler does not include either of the following:

(i) A person that treats, disposes of, or recycles universal waste, except as provided for in 40 CFR 273.13(a), (c), or (e) or 273.33(a), (c), or (e).

(ii) A person engaged in the off-site transportation of universal waste by air, rail, highway, or water, including a universal waste transfer facility.

(i) "Universal waste large quantity handler" means a universal waste handler that accumulates 5,000 kilograms or more total of universal waste at any time.

(j) "Universal waste small quantity handler" means a universal waste handler that does not accumulate 5,000 kilograms or more total of universal waste at any time.

(k) "Universal waste transfer facility" means any transportation-related facility, including loading docks, parking areas, storage areas, and other similar areas, where shipments of universal waste are held during the normal course of transportation for 10 days or less.

(l) "Universal waste transporter" means a person engaged in the off-site transportation of universal waste by air, rail, highway, or water.

(m) "Unplanned episodic event" means an episodic event that the generator did not plan or reasonably did not expect to occur, including production process upsets, product recalls, accidental spills, or "acts of nature," such as a tornado, hurricane, or flood.

(n) "Unsaturated zone" means the zone between the land surface and the water table.

(o) "Uppermost aquifer" means the geologic formation nearest the natural ground surface that is an aquifer and includes lower aquifers that are hydraulically interconnected with the aquifer within the facility's property boundary.

(p) "USC" means the United States Code.

(q) "USGS" means the United States Geological Survey.

(r) "USPS" means the United States Postal Service.

(s) "Used oil" means any oil that has been refined from crude oil, or any synthetic oil, which has been used and because of the use, is contaminated by physical or chemical impurities.

(t) "Used oil aboveground tank" means a tank that is used to store or process used oil and that is not an underground storage tank, as that term is defined in 40 CFR 280.12.

(u) "Used oil aggregation point" means any site or facility that accepts, aggregates, or stores used oil that is collected only from other used oil generation sites owned or operated by the same owner or operator of the aggregation point, from which used oil is transported to the aggregation point in shipments of not more than 55 gallons. Used oil aggregation points may also accept used oil from household do-it-yourselfers.

(v) "Used oil burner" means a facility where off-specification used oil, as defined in R 299.9809(1)(f), is burned for energy recovery in the devices identified in R 299.9814.

(w) "Used oil collection center" means any site or facility that has provided written notification of used oil management activities to the department and that accepts or aggregates and stores used oil collected from either of the following:

(i) Used oil generators regulated under R 299.9810 that transport used oil to the collection center in shipments of not more than 55 gallons under 40 CFR 279.24.

(ii) Household do-it-yourselfers.

(x) "Used oil existing tank" means a tank that is used for the storage or processing of used oil and that is in operation, or for which installation has commenced, on or before October 15, 1996, the effective date of the amendments to these rules that establish the state's used oil program under RCRA. Installation commenced if the owner or operator has obtained all federal, state, and local approvals or permits necessary to begin physical construction of the tank and if either of the following provisions applies:

(i) A continuous on-site physical installation program has begun.

(ii) The owner or operator has entered into contractual obligations, that cannot be cancelled or modified without substantial loss, for installation of the tank system to be completed within a reasonable time.

(y) "Used oil fuel" means any fuel that is produced from used oil through processing, blending, or other treatment.

(z) "Used oil fuel marketer" means any person that conducts either of the following activities:

(i) Directs a shipment of off-specification used oil from the used oil fuel market’s facility to a used oil burner.

(ii) First claims that the used oil to be burned for energy recovery meets the used oil specifications set forth in R 299.9809(1)(f).

(aa) "Used oil generator" means any person, by site, whose act or process produces used oil or whose act first causes the used oil to become subject to regulation.

(bb) "Used oil new tank" means a tank that is used for the storage or processing of used oil and for which installation has commenced after, October 15, 1996, the effective date of amendments to these rules that establish the state's used oil program under RCRA.

(cc) "Used oil processor/re-refiner" means a facility that processes used oil.

(dd) "Used oil tank" means a stationary device that is designed to contain an accumulation of used oil and that is constructed primarily of nonearthen materials, such as wood, concrete, steel, or plastic, that provide structural support.

(ee) "Used oil transfer facility" means any transportation-related facility, including loading docks, parking areas, storage areas, and other areas, where shipments of used oil are held for more than 24 hours and not more than 35 days during the normal course of transportation or before an activity performed under R 299.9813(1) or (2). Transfer facilities that store used oil for more than 35 days are subject to regulation under R 299.9813.

(ff) "Used oil transporter" means any person that transports used oil, that collects used oil from more than 1 generator and transports the collected oil, and owners and operators of used oil transfer facilities. Used oil transporters may consolidate or aggregate loads of used oil for purposes of transportation, but may not process used oil. Transporters may conduct incidental processing operations that occur in the normal course of used oil transportation but that are not designed to produce, or make more amenable for the production of, used oil derived products or used oil fuel.

(gg) "User of the electronic manifest system" means a generator, a transporter, an owner or operator of a hazardous waste or recycling facility, or another person that is required to use a manifest to comply with any federal or state requirement to track the shipment, transportation, and receipt of either hazardous waste or other waste material that is shipped from the site of generation to an off-site designated facility for treatment, storage, recycling, or disposal, or rejected hazardous wastes or regulated container residues that are shipped from a designated facility to an alternative facility or returned to the generator and satisfies 1 or both of the following requirements:

(i) Elects to use the electronic manifest system to obtain, complete, and transmit an electronic manifest format supplied by the system.

(ii) Elects to use the paper manifest form and submits to the electronic manifest system for data processing purposes a paper copy of the manifest, or the data from the paper copy, in accordance with 40 CFR 264.71(a)(2)(v) or 265.71(a)(2)(v). These paper copies are submitted for data exchange purposes only and are not the official copies of record for legal purposes.

(hh) "Vehicle" means each separate conveyance used in the transportation of hazardous waste that is 1 of the following:

(i) A railcar, as that term is defined in 49 CFR 171.8.

(ii) A semitrailer, truck, or trailer, as those terms are defined in act 300.

(iii) A truck tractor, as that term is defined in act 300, only if the hazardous waste is actually transported in the cab of the vehicle.

(ii) "Very small quantity generator" means a generator that generates less than or equal to the following amounts in a calendar month:

(i) 100 kilograms of non-acute hazardous waste.

(ii) 1 kilogram of acute hazardous waste.

(iii) 1 kilogram of severely toxic hazardous waste.

(iv) 100 kilograms of any residue or contaminated soil, water, or other debris resulting from the cleanup of a spill, into or on any land or water, of any acute hazardous waste or severely toxic hazardous waste.

(jj) "Vessel" means a watercraft that is used or is capable of being used as a means of transportation on the water because of flooding.

(kk) "Waste" means material that is defined as waste in R 299.9202.

(ll) "WIETS" means the EPA’s Waste Import Export Tracking System.

(mm) "Waste management area" means the limit projected in the horizontal plane of the area waste is placed during the active life of a regulated unit and includes horizontal space taken up by any liner, dike, or other barrier that is designed to contain waste in a regulated unit. If the facility contains more than 1 regulated unit, then the waste management area is described by an imaginary line circumscribing the several regulated units.

(nn) "Wastewater treatment unit" means a device that satisfies all the following requirements:

(i) Is part of a wastewater treatment facility that is subject to regulation under either section 307(b) or 402 of the federal clean water act, 33 USC 1317 or 1342.

(ii) Receives and treats or stores an influent wastewater that is a hazardous waste as defined in R 299.9203, generates and accumulates a wastewater treatment sludge that is a hazardous waste as defined in R 299.9203, or treats or stores a wastewater treatment sludge that is a hazardous waste as defined in R 299.9203.

(iii) Meets the definition of "tank" or "tank system" specified in R 299.9108.

(oo) "Water (bulk shipment)" means the bulk transportation of hazardous waste that is loaded or carried on board a vessel without containers or labels.

(pp) "Well" means any shaft or pit that is dug or bored into the earth, that is generally of a cylindrical form, and that is often walled with bricks or tubing to prevent the earth from caving in.

(qq) "Wetland" means the areas defined as wetlands in part 303 of the act, MCL 324.30301 to 324.30328.

(rr) "Wipe" means a woven or non-woven shop towel, rag, pad, or swab made of wood pulp, fabric, cotton, polyester blends, or other material.

(ss) "Zone of engineering control" means an area that is under the control of the owner or operator and that, on detection of a hazardous waste release, can be readily cleaned up before the release of hazardous waste or hazardous constituents to groundwater or surface water.

2020 AACS; 2025 AACS.

**History**
- *History: 1985 AACS; 1988 AACS; 1994 AACS; 1996 AACS; 2000 AACS; 2004 AACS; 2017 AACS;*

##### **Mich. Admin. Code R 299.9199** Rescission {#sec-r-299.9199 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9199}

Rule 199. R 299.6101 to R 299.7305 of the Michigan Administrative Code, appearing on pages 194 to 261 of the 1981 Annual Supplement to the 1979 Michigan Administrative Code, are rescinded.

PART 2. IDENTIFICATION AND LISTING OF HAZARDOUS WASTE

**History**
- *History: 1985 AACS.*

##### **Mich. Admin. Code R 299.9201** Purpose and scope {#sec-r-299.9201 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9201}

Rule 201. (1) This part identifies only some of the materials that are hazardous wastes under sections 11146 and 11148 of the act, MCL 324.11146 and 324.11148. A material that is not a hazardous waste identified in this part is still a hazardous waste for purposes of those sections if, in the case of section 11146 of the act, MCL 324.11146, the director has reason to believe that the material may be a hazardous waste within the meaning of section 11103 of the act, MCL 324.11103, and, in the case of section 11148 of the act, MCL 324.11148, the statutory elements are established.

(2) The explanation of waste contained in this part applies only to wastes that also are hazardous for purposes of the rules implementing part 111. For example, it does not apply to materials such as nonhazardous scrap, paper, textiles, and rubbers that are not otherwise hazardous wastes and are recycled.

**History**
- *History: 1985 AACS; 1998 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 299.9202** "Waste" explained {#sec-r-299.9202 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9202}

Rule 202. (1) A waste is any discarded material that is not excluded by R 299.9204 or that is not excluded by a variance granted under subrules (6) and (7) of this rule. A discarded material is material that is any of the following:

(a) A material that is abandoned by being disposed of; burned or incinerated; accumulated, stored, or treated, but not recycled, before or instead of being abandoned by being disposed of, burned, or incinerated; or sham recycled.

(b) A material that is recycled, or accumulated, stored, or treated before recycling, and that meets 1 of the following criteria:

(i) It is a material listed in subrule (2) of this rule and is used in a manner constituting disposal by being either of the following:

(A) Applied to or placed on the land in a manner that constitutes disposal.

(B) Used to produce products that are applied to or are placed on the land or are otherwise contained in products that are applied to or placed on the land, in which cases the product itself remains a waste. A commercial chemical product listed in R 299.9214 is not a waste if it is applied to the land and that is its ordinary manner of use.

(ii) It is a material listed in subrule (2) of this rule and it is burned to recover energy, is used to produce a fuel, or is otherwise contained in fuels, in which cases the fuel itself remains a waste. A commercial chemical product listed in R 299.9214 is not a waste if it is itself a fuel.

(iii) It is a material listed in subrule (2)(a), (b), or (c) of this rule and it undergoes reclamation, except as provided for in R 299.9204(1)(v), (aa), (bb), and (cc).

(iv) It is a material listed in subrule (2)(a), (b), (c), or (d) of this rule and it undergoes speculative accumulation.

(v) It is an inherently waste-like material, having a hazardous waste number of F020, F021, F022, F023, F026, or F028, or is another waste determined by the administrator based on both of the following criteria:

(A) The materials are ordinarily disposed of, burned, or incinerated or the materials contain toxic constituents that are listed in 40 CFR part 261, appendix VIII, and that are not ordinarily found in raw materials or products for which the materials substitute or are found in raw materials or products in smaller concentrations, and that are not used or reused during the recycling process.

(B) The material might pose a substantial hazard to human health and the environment when recycled.

(vi) It is an inherently waste-like material that is a secondary material, that is fed to a halogen acid furnace, and that exhibits a characteristic of a hazardous waste or is listed as a hazardous waste under part 2 of these rules, except for brominated material that meets all the following criteria:

(A) The material contains a bromine concentration of not less than 45%.

(B) The material contains less than a total of 1% of the toxic organic compounds listed in 40 CFR part 261, appendix VIII.

(2) Any of the following materials may be wastes under subrule (1) of this rule:

(a) Spent materials.

(b) Sludges and by-products listed in R 299.9220 to R 299.9222.

(d) Sludges and by-products that exhibit a characteristic of hazardous waste.

(e) Commercial chemical products listed in R 299.9214.

(3) Except as provided in subrule (4) of this rule, materials are not wastes if they can be shown to be recycled by any of the following means:

(a) By being used or reused as ingredients in an industrial process to make a product if the materials are not being reclaimed.

(b) By being used or reused as effective substitutes for commercial products.

(c) By being returned to the original process from which they are generated without first being reclaimed or placed on the land. The material must be returned as a substitute for feedstock materials. If the original process to which the material is returned is a secondary process, the materials must be managed so that they are not placed on the land. If the materials are generated and reclaimed within the primary mineral processing industry, the conditions of the exclusion under R 299.9204(1)(v) apply rather than this subrule.

(4) All the following materials are wastes, even if the recycling involves use, reuse, or return to the original process described in subrule (3) of this rule:

(a) Materials used in a manner constituting disposal or used to produce products that are applied to the land.

(b) Materials burned for energy recovery, used to produce a fuel, or contained in fuels.

(d) Inherently waste-like materials listed in subrule (1)(b)(v) and (vi) of this rule.

(5) Respondents in actions to enforce regulations implementing part 111, who raise a claim that a certain material is not waste or is conditionally exempt from regulation shall demonstrate that there is a known market or disposition for the material and that the respondent meets the terms of exclusion or exemption. In doing so, the respondent shall provide appropriate documentation, such as contracts showing that a second person uses the material as an ingredient in a production process, to demonstrate that the material is not a waste or is exempt from regulation. In addition, owners or operators of facilities claiming that they are recycling materials shall show that they have the necessary equipment for recycling the materials.

(6) The director may determine, on a case-by-case basis, that the following recycled materials are not wastes:

(a) Materials that are accumulated speculatively without sufficient amounts being recycled.

(b) Materials that are reclaimed and reused within the original production process in which they were generated.

(d) Hazardous secondary materials that are reclaimed in a continuous industrial process.

(e) Hazardous secondary materials that are indistinguishable in all relevant aspects from a product or intermediate.

(7) The director shall use the standards, criteria, and procedures outlined in 40 CFR 260.31, 260.33, and 260.34 for making determinations under subrule (6) of this rule.

(8) Persons receiving a variance or determination under subrule (6) of this rule shall comply with the notification requirements of 40 CFR 260.42.

(9) 40 CFR 260.31, 260.33, 260.34, 260.42, 261.31, 261.32, and 261.33 are adopted by reference in R 299.11003, with the exception that "director" replaces "regional administrator" and "administrator;" "waste" replaces "solid waste;" "R 299.9202" replaces references to "261.2;" "R 299.9204" replaces references to "264.4;" "R 299.9204(1)(aa)" replaces references to "261.4(a)(24);" and "Michigan site identification form, form EQP5150" replaces references to "EPA Form 8700-12."

2020 AACS; 2025 AACS.

**History**
- *History: 1985 AACS; 1988 AACS; 1996 AACS; 2000 AACS; 2004 AACS; 2013 AACS; 2017 AACS;*

##### **Mich. Admin. Code R 299.9203** "Hazardous waste" explained {#sec-r-299.9203 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9203}

Rule 203. (1) A waste, as explained in R 299.9202, is a hazardous waste if it is not excluded from regulation pursuant to R 299.9204(1) or (2) and if it meets any of the following criteria:

(a) It exhibits any of the characteristics of hazardous waste identified in R 299.9212.

(b) It is listed in R 299.9213 or R 299.9214 and has not been excluded from the lists pursuant to R 299.9211.

(c) It is a mixture of a waste and 1 or more hazardous wastes that are listed in R 299.9213 or R 299.9214 and has not been excluded from this subdivision pursuant to R 299.9211 or subrule (7) or (8) of this rule; however, mixtures of wastes and hazardous wastes that are listed in R 299.9213 and R 299.9214 are not hazardous wastes, except by application of subdivision (a) or (b) of this subrule, if the generator can demonstrate that the mixture consists of wastewater which, with respect to discharge, is subject to regulation pursuant to either section 307(b) or 402 of the federal clean water act, 33 USC 1317 and 1342, including wastewater at facilities that have eliminated the discharge of wastewater, and is 1 of the following:

(i) One or more of the spent solvents carbon tetrachloride, tetrachloroethylene, trichloroethylene, or benzene that are listed in R 299.9213 or scrubber waters derived from the combustion of these spent solvents, if the maximum total weekly usage of the solvents, other than the amounts that can be demonstrated not to be discharged to wastewater, divided by the average weekly flow of wastewater into the headworks of the facility's wastewater treatment or pretreatment system is not more than 1 part per million or the total measured concentration of these solvents entering the headworks of the facility's wastewater treatment system, at facilities subject to regulation under the federal clean air act at 40 CFR parts 60, 61, or 63 or at facilities subject to an enforceable limit in a federal operating permit that minimizes fugitive emissions, is not more than 1 part per million on an average weekly basis Any facility that uses benzene as a solvent and claims this exemption shall use an aerated biological wastewater treatment system and only lined surface impoundments or tanks before secondary clarification in the wastewater treatment system. Facilities that choose to measure concentration levels shall file a copy of their sampling and analysis plan with the director. A facility shall file a revised sampling and analysis plan if the initial plan is rendered inaccurate by changes in the facility's operations.

The sampling and analysis plan shall include the monitoring point location at the headworks, the sampling frequency and methodology, and a list of constituents to be monitored. A facility is eligible for the direct monitoring option once it receives confirmation that the sampling and analysis plan has been received by the director. The director may reject the sampling and analysis plan if the director finds that the sampling and analysis plan does not include the required information, or the plan parameters do not enable the facility to calculate the weekly average concentration of these chemicals accurately. If the director rejects the sampling and analysis plan or finds that the facility is not following the sampling and analysis plan, the director shall notify the facility that it must cease the use of the direct monitoring option until the bases for the rejection are corrected.

(ii) One or more of the spent solvents methylene chloride, 1,1,1-trichloroethane, chlorobenzene, o-dichlorobenzene, cresols, cresylic acid, nitrobenzene, toluene, methyl ethyl ketone, carbon disulfide, isobutanol, pyridine, chlorofluorocarbon solvents, 2-ethoxyethanol, that are listed in R 299.9213 or scrubber waters derived from the combustion of the spent solvents, if the maximum total weekly usage of the solvents, other than the amounts that can be demonstrated not to be discharged to wastewater, divided by the average weekly flow of wastewater into the headworks of the facility's wastewater treatment or pretreatment system is not more than 25 parts per million or the total measured concentration of these solvents entering the headworks of the facility's wastewater treatment system, at facilities subject to regulation under the federal clean air act at 40 CFR at parts 60, 61, or 63 or at facilities subject to an enforceable limit in a federal operating permit that minimizes fugitive emissions, is not more than 25 parts per million on an average weekly basis Facilities that choose to measure concentration levels shall file a copy of their sampling and analysis plan with the director. A facility shall file a revised sampling and analysis plan if the initial plan is rendered inaccurate by changes in the facility's operations. The sampling and analysis plan shall include the monitoring point location at the headworks, the sampling frequency and methodology, and a list of constituents to be monitored. A facility is eligible for the direct monitoring option once they receive confirmation that the sampling and analysis plan has been received by the director. The director may reject the sampling and analysis plan if the director finds that the sampling and analysis plan does not include the required information, or the plan parameters do not enable the facility to calculate the weekly average concentration of these chemicals accurately. If the director rejects the sampling and analysis plan or finds that the facility is not following the sampling and analysis plan, the director shall notify the facility that it must cease the use of the direct monitoring option until the bases for the rejection are corrected.

(iii) One or more of the following wastes that are listed in R 299.9213 if the wastes are discharged to the refinery oil recovery sewer before primary oil/water/solids separation:

(A) Heat exchanger bundle cleaning sludge from the petroleum refining industry, K050.

(B) Crude oil storage tank sediment from petroleum refining operations, K169.

(D) Spent hydrotreating catalyst, K171.

(E) Spent hydrorefining catalyst, K172.

(iv) A discarded hazardous waste, commercial chemical product, or chemical intermediate listed in R 299.9213 or R 299.9214, arising from de minimis losses of the materials from manufacturing operations in which the materials are used as raw materials or are produced in the manufacturing process. Any manufacturing facility that claims an exemption for de minimis quantities of wastes listed in R 299.9214, or any nonmanufacturing facility that claims an exemption for deminimis quantities of wastes listed in R 299.9213 or R 299.9214 shall either have eliminated the discharge of wastewaters or have included in its federal clean water act permit application or submission to its pretreatment control authority the constituents for which each waste was listed in accordance with 40 C.F.R. part 261, appendix VII, and the constituents identified in 40 C.F.R. §268.40 for which each waste has a treatment standard. A facility is eligible to claim the exemption once notification of the possible deminimis releases has been provided via the federal clean water act permit application or the pretreatment control authority submission. A copy of the federal clean water act permit application or the submission to the pretreatment control authority must be placed in the facility's on-site files. For this paragraph, de minimis losses are inadvertent releases to a wastewater treatment system, including any of the following:

(A) Losses from normal material handling operations, such as spills from the unloading or transfer of materials from bins or other containers or leaks from pipes, valves, or other devices that are used to transfer materials.

(B) Minor leaks of process equipment, storage tanks, or containers.

(D) Sample purgings.

(E) Relief device discharges.

(F) Discharges from safety showers and the rinsing and cleaning of personal safety equipment.

(G) Rinsate from empty containers or from containers that are rendered empty by that rinsing.

(v) Wastewater which results from laboratory operations and which contains toxic (T) wastes listed in R 299.9213 or R 299.9214 if the annualized average flow of laboratory wastewater is not more than 1% of total wastewater flow into the headworks of the facility's wastewater treatment or pretreatment system or if the wastes' combined annualized average concentration is not more than 1 part per million in the headworks of the facility's wastewater treatment or pretreatment facility. Toxic (T) wastes that are used in laboratories and are demonstrated not to be discharged to wastewater must not be included in the calculation.

(vi) Wastewater from the production of carbamates and carbamoyl oximes, K157, if the maximum weekly usage of formaldehyde, methyl chloride, methylene chloride, and triethylamine, including all amounts that cannot be demonstrated to be reacted in the process, destroyed through treatment, or recovered, divided by the average weekly flow of process wastewater before any dilutions into the headworks of the facility's wastewater treatment system is not more than a total of 5 parts per million by weight or the total measured concentration of these chemicals entering the headworks of the facility's wastewater treatment system is not more than 5 parts per million on an average weekly basis. Facilities that choose to measure concentration levels shall file a copy of their sampling and analysis plan with the director. A facility shall file a revised sampling and analysis plan if the initial plan is rendered inaccurate by changes in the facility's operations.

The sampling and analysis plan must include the monitoring point location at the headworks, the sampling frequency and methodology, and a list of constituents to be monitored. A facility is eligible for the direct monitoring option once it receives confirmation that the sampling and analysis plan has been received by the director. The director may reject the sampling and analysis plan if the director finds that the sampling and analysis plan does not include the required information, or the plan parameters do not enable the facility to calculate the weekly average concentration of these chemicals accurately. If the director rejects the sampling and analysis plan or finds that the facility is not following the sampling and analysis plan, the director shall notify the facility that it must cease the use of the direct monitoring option until the bases for the rejection are corrected.

(vii) Wastewater derived from the treatment of organic waste from the production of carbamates and carbamoyl oximes, K156, if the maximum concentration of formaldehyde, methyl chloride, methylene chloride, and triethylamine before any dilutions into the headworks of the facility's wastewater treatment system is not more than a total of 5 milligrams per liter or the total measured concentration of these chemicals entering the headworks of the facility's wastewater treatment system is not more than 5 milligrams per liter on an average weekly basis. Facilities that choose to measure concentration levels shall file a copy of their sampling and analysis plan with the director. A facility shall file a revised sampling and analysis plan if the initial plan is rendered inaccurate by changes in the facility's operations. The sampling and analysis plan must include the monitoring point location at the headworks, the sampling frequency and methodology, and a list of constituents to be monitored. A facility is eligible for the direct monitoring option once it receives confirmation that the sampling and analysis plan has been received by the director.

The director may reject the sampling and analysis plan if the director finds that the sampling and analysis plan does not include the required information, or the plan parameters do not enable the facility to calculate the weekly average concentration of these chemicals accurately. If the director rejects the sampling and analysis plan or finds that the facility is not following the sampling and analysis plan, the director shall notify the facility that it must cease the use of the direct monitoring option until the bases for the rejection are corrected.

(d) It is a mixture of a waste and a hazardous waste that meets the characteristic of severe toxicity pursuant to R 299.9212(5).

(e) It is a used oil that contains more than 1,000 parts per million total halogens. Used oil that contains more than 1,000 parts per million is presumed to be a hazardous waste and is regulated as a hazardous waste under part 111 and these rules. A person may rebut the presumption by demonstrating that the used oil does not contain hazardous waste. The demonstration may be made by showing that the used oil does not contain significant concentrations of halogenated hazardous constituents that are listed in 40 CFR part 261, appendix VIII. The rebuttable presumption rule does not apply to the following materials:

(i) Metalworking oils or fluids that contain chlorinated paraffins if the oils or fluids are processed through a tolling agreement as specified in 40 CFR 279.24(c) to reclaim the oils or fluids. The rebuttable presumption does apply, however, if the oils or fluids are recycled in another manner or are disposed of.

(ii) Used oils that are contaminated with chlorofluorocarbons that have been removed from refrigeration units if the chlorofluorocarbons are destined for reclamation. The rebuttable presumption does apply, however, if the used oils are contaminated with chlorofluorocarbons that have been mixed with used oil from sources other than refrigeration units.

(2) A waste that is not excluded from regulation pursuant to R 299.9204(1) or (2) becomes a hazardous waste when any of the following events occur:

(a) In the case of a waste that is listed in R 299.9213 or R 299.9214, when the waste first meets the listing description.

(b) In the case of a mixture of waste and 1 or more listed hazardous wastes or severely toxic wastes, when a waste that is hazardous pursuant to R 299.9212(5), R 299.9213, or R 299.9214 is first added to the waste.

(c) In the case of other waste, including a waste mixture, when the waste exhibits any of the characteristics identified in R 299.9212.

(3) Unless it meets the criteria of subrule (5) of this rule, a hazardous waste will remain a hazardous waste, and, except as provided in subrules (4), (7), and (8) of this rule, any waste generated from the treatment, storage, or disposal of a hazardous waste, including any sludge, spill residue, ash, emission control dust, or leachate, but not including precipitation runoff, is a hazardous waste. Materials that are reclaimed from wastes and that are used beneficially are not wastes and are not hazardous wastes pursuant to this subrule, unless the reclaimed material is burned for energy recovery or used in a manner that constitutes disposal.

(4) All the following wastes are not hazardous even though they are generated from the treatment, storage, or disposal of a hazardous waste, unless they exhibit 1 or more of the characteristics of hazardous waste:

(a) Waste pickle liquor sludge generated by lime stabilization of spent pickle liquor from the iron and steel industry, as defined by standard industrial codes 331 and 332 in the office of management and budget document entitled "Standard Industrial Classification Manual."

(b) Wastes from burning any of the materials exempted from regulation by R 299.9206(3)(c) to (f).

(c) Nonwastewater residues, such as slag, which result from high temperature metals recovery processing of K061, K062, or F006 waste in units identified as rotary kilns, flame reactors, electric furnaces, plasma arc furnaces, slag reactors, rotary hearth furnace/electric furnace combinations, or industrial furnaces and are disposed of in units regulated under part 115, if the residues comply with the specified generic exclusion levels. Testing requirements must be incorporated in a facility's waste analysis plan or generator's selfimplementing waste analysis plan. At a minimum, samples of residues must be collected and analyzed quarterly or when the process or operation generating the waste changes. A person that claims this exclusion in an enforcement action has the burden of proving, by clear and convincing evidence, that the material meets all the following exclusion requirements:

(i) For K061 and K062 nonwastewater high temperature metals recovery residues, the specified generic exclusion levels are as follows:

(A) Antimony, 0.10 milligrams per liter.

(B) Arsenic, 0.50 milligrams per liter.

(D) Beryllium, 0.010 milligrams per liter.

(E) Cadmium, 0.050 milligrams per liter.

(F) Chromium (total), 0.33 milligrams per liter.

(G) Lead, 0.15 milligrams per liter.

(H) Mercury, 0.009 milligrams per liter.

(I) Nickel, 1.0 milligrams per liter.

(J) Selenium, 0.16 milligrams per liter.

(K) Silver, 0.30 milligrams per liter.

(L) Thallium, 0.020 milligrams per liter.

(M) Zinc, 70 milligrams per liter.

(ii) For F006 nonwastewater high temperature metals recovery residues, the specified generic exclusion levels are as follows:

(A) Antimony, 0.10 milligrams per liter.

(B) Arsenic, 0.50 milligrams per liter.

(D) Beryllium, 0.010 milligrams per liter.

(E) Cadmium, 0.050 milligrams per liter.

(F) Chromium (total), 0.33 milligrams per liter.

(G) Cyanide (total), 1.8 mg/kg.

(H) Lead, 0.15 milligrams per liter.

(I) Mercury, 0.009 milligrams per liter.

(J) Nickel, 1.0 milligrams per liter.

(K) Selenium, 0.16 milligrams per liter.

(L) Silver, 0.30 milligrams per liter.

(M) Thallium, 0.020 milligrams per liter.

(N) Zinc, 70 milligrams per liter.

(iii) For nonwastewater residues resulting from the high temperature metals recovery processing of KO61, K062, or F006 waste which meet the generic exclusion levels specified in this subdivision and which do not exhibit any hazardous waste characteristic, and that are sent to a unit regulated under part 115, the person claiming the exclusion shall send a 1time notification and certification to the director. The notification and certification must be in compliance with all the following provisions:

(A) The notification and certification must be maintained at the facility.

(B) The notification and certification must be updated by the person claiming the exclusion if the process or operation generating the waste changes or if the unit regulated under part 115 that is receiving the waste changes. However, the director need only be notified on an annual basis, by the end of the calendar year, if a change occurs.

(I) The name and address of the unit regulated under part 115 that is receiving the waste shipment.

(II) The site identification number and treatability group of the waste at the initial point of generation.

(III) The treatment standards applicable to the waste at the initial point of generation.

(D) The certification must be signed by an authorized representative and include the following statement: "I certify under penalty of law that the generic exclusion levels for all constituents have been met without impermissible dilution and that no characteristic of hazardous waste is exhibited. I am aware that there are significant penalties for submitting a false certification, including the possibility of fine and imprisonment."

(d) Biological treatment sludge from the treatment of organic wastes from the production of carbamates and carbamoyl oximes, K156, or wastewaters from the production of carbamates and carbamoyl oximes, K157.

(e) Catalyst inert support media separated from either or both of the following wastes listed in R 299.9213:

(i) Spent hydrotreating catalyst, K171.

(ii) Spent hydrorefining catalyst, K172.

(5) Any waste that is described in subrule (3) of this rule is not a hazardous waste if it complies with the following criteria, as applicable:

(a) In the case of any waste, it does not exhibit any of the characteristics of hazardous waste that are identified in R 299.9212. However, a waste that exhibits a characteristic at the point of generation may still be subject to the requirements of 40 CFR part 268, even if the waste does not exhibit a characteristic at the point of land disposal.

(b) In the case of a waste which is listed in R 299.9212(5), R 299.9213, or R 299.9214, which contains a waste that is listed in these rules, or which is derived from a waste that is listed in these rules, the waste also has been excluded from regulation pursuant to R 299.9211.

(6) Notwithstanding subrules (1) to (5) of this rule and if the debris, as defined in 40 CFR part 268, does not exhibit a hazardous characteristic identified in R 299.9212, the following materials are not subject to regulation under part 111 and these rules, except for R 299.9809 to R 299.9816:

(a) Hazardous debris that has been treated using 1 of the required extraction or destruction technologies specified in 40 CFR 268.45, table 1. A person that claims this exclusion in an enforcement action has the burden of proving, by clear and convincing evidence, that the material meets all the exclusion requirements.

(b) Debris that the director, considering the extent of contamination, has determined is no longer contaminated with hazardous waste.

(7) A hazardous waste that is listed in R 299.9213 or R 299.9214 solely because it exhibits 1 or more characteristics of ignitability, corrosivity, or reactivity, as defined under R 299.9212, is not a hazardous waste, if the waste no longer exhibits any characteristic of hazardous waste identified in R 299.9212. However, the waste remains subject to 40 CFR part 268, as applicable, even if the waste no longer exhibits a characteristic at the point of land disposal. This exclusion is limited to any of the following:

(a) A mixture of a waste and a hazardous waste listed in R 299.9213 or R 299.9214 solely because it exhibits 1 or more characteristics of ignitability, corrosivity, or reactivity which is generated as a result of a cleanup conducted at the individual site of generation pursuant to part 31, part 111, part 201, part 213, or CERCLA.

(b) A waste generated from the treatment, storage, or disposal of a hazardous waste listed in R 299.9213 or R 299.9214 solely because it exhibits the characteristic of ignitability.

(c) A mixture of a waste excluded from regulation under R 299.9204(2)(i) and a hazardous waste listed in R 299.9213 or R 299.9214 solely because it exhibits 1 or more of the characteristics of ignitability, corrosivity, or reactivity which is generated because of a cleanup conducted at the individual site of generation pursuant to part 31, part 111, part 201, part 213, or CERCLA.

(8) Hazardous waste that contains radioactive waste is no longer a hazardous waste when it meets the eligibility criteria and conditions of R 299.9822 and R 299.9823. This exclusion is limited to either of the following:

(a) A mixture of a waste and an eligible radioactive mixed waste.

(b) A waste generated from the treatment, storage, or disposal of an eligible radioactive mixed waste.

(9) The office of management and budget document entitled "Standard Industrial Classification Manual" is adopted by reference in R 299.11007.

2013 AACS; 2017 AACS.; 2025 AACS.

Editor's Note: An obvious error in R 299.9203 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Michigan Register, 2025 MR 8. The memorandum requesting the correction was published in Michigan Register, 2025 MR 13.

**History**
- *History: 1985 AACS; 1988 AACS; 1994 AACS; 1996 AACS; 2000 AACS; 2004 AACS; 2008 AACS;*

##### **Mich. Admin. Code R 299.9204** Exclusions {#sec-r-299.9204 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9204}

Rule 204. (1) The following materials are not wastes under part 111 and these rules:

(a) Domestic sewage and any mixture of domestic sewage and other wastes that passes through a sewer system to a publicly owned treatment works for treatment, except as prohibited by R 299.9828 and the federal clean water act requirements under 40 CFR 403.5(b). Domestic sewage means untreated sanitary wastes that pass through a sewer system.

(b) Industrial wastewater discharges that are point source discharges subject to regulation under section 402 of the federal clean water act, 33 USC 1342, except for discharges to injection wells.

(d) Source, special nuclear, or byproduct material, as those terms are defined by the atomic energy act of 1954, 42 USC 2011 to 2297g-4.

(e) Materials that are subjected to insitu mining techniques and that are not removed from the ground as part of the extraction process.

(f) Pulping liquors that are reclaimed in a pulping liquor recovery furnace and reused in the pulping process, unless the liquors are accumulated speculatively.

(g) Spent sulfuric acid that is used to produce virgin sulfuric acid provided it is not accumulated speculatively.

(h) Secondary materials that are reclaimed and returned to the original process or processes in which they were generated and where they are reused in the production process, if all the following provisions apply:

(i) Only tank storage is involved, and the entire process through completion of reclamation is closed by being entirely connected with pipes or other comparable enclosed means of conveyance.

(ii) The reclamation does not involve controlled flame combustion, such as occurs in boilers, industrial furnaces, or incinerators.

(iii) The secondary materials are not accumulated in the tanks for more than 12 months without being reclaimed.

(iv) The reclaimed material is not used to produce a fuel and is not used to produce products that are used in a manner that constitutes disposal.

(i) Spent wood preserving solutions that have been reclaimed and that are reused for their original intended purpose.

(j) Wastewaters from the wood preserving process that have been reclaimed and that are reused to treat wood.

(k) Nonwastewater splash condenser dross residue from the treatment of K061 in high temperature metals recovery units, if the residue, if shipped, is shipped, in containers and is not land disposed before recovery.

(l) Oil-bearing hazardous secondary materials, such as sludges, by-products, and spent materials, that are generated at a petroleum refinery (SIC code 2911) and are inserted into the petroleum refining process (SIC code 2911), including distillation, catalytic cracking, fractionation, or thermal cracking units, unless the material is placed on the land, or accumulated speculatively before being so recycled. Materials inserted into thermal cracking units are excluded under this subdivision if the coke product does not exhibit a characteristic of a hazardous waste. Oil-bearing hazardous secondary materials may be inserted into the same petroleum refinery where they are generated, or sent directly to another refinery, and still be excluded under this subdivision. Except as provided for in subdivision (m) of this subrule, oil-bearing hazardous secondary materials generated elsewhere in the petroleum industry are not excluded under this subdivision. Residuals generated from processing or recycling materials excluded under this subdivision, where the materials as generated would have otherwise met a listing under R 299.9213 or R 299.9214, are designated as F037 wastes when disposed of or intended for disposal.

(m) Recovered oil that is recycled in the same manner and with the same conditions as described in subdivision (l) of this subrule. Recovered oil is oil that has been reclaimed from secondary materials, including wastewater, generated from normal petroleum industry practices, including refining, exploration and production, bulk storage, and transportation incident thereto (SIC codes 1311, 1321, 1381, 1382, 1389, 2911, 4612, 4613, 4789, 4922, 4923, 5171, and 5172). Recovered oil does not include oil-bearing hazardous wastes listed in part 2 of these rules. However, oil recovered from oil-bearing hazardous wastes listed in part 2 of these rules may be considered recovered oil. Recovered oil also does not include used oil, as that term is defined in R 299.9109.

(n) EPA hazardous waste numbers K060, K087, K141, K142, K143, K144, K145, K147, and K148 and any wastes from the coke by-products processes that are hazardous only because they exhibit the toxicity characteristic specified in R 299.9212 when, after generation, the materials are recycled to coke ovens or to the tar recovery process as a feedstock to produce coal tar or are mixed with coal tar before the tar's sale or refining.

This exclusion is conditioned on there being no land disposal of the wastes from the point that the wastes are generated to the point that they are recycled to coke ovens or tar recovery or refining processes or are mixed with coal tar.

(o) Materials that are reclaimed from used oil and used beneficially if the materials are not burned for energy recovery or used in a manner that constitutes disposal of the materials.

(p) Excluded scrap metal that is being recycled.

(q) Shredded circuit boards that are being recycled if both of the following requirements are met:

(i) The shredded circuit boards are stored in containers sufficient to prevent a release to the environment before recovery.

(ii) The shredded circuit boards are free of mercury switches, mercury relays, and nickelcadmium batteries and lithium batteries.

(r) Condensates derived from the overhead gases from kraft mill steam strippers that are used to comply with 40 CFR 63.446(e). This exemption applies only to combustion at the mill generating the condensates.

(s) Petrochemical recovered oil from an associated organic chemical manufacturing facility, where the oil is inserted into the petroleum refining process (SIC code 2911) along with normal petroleum refinery process streams, if both the following requirements are met:

(i) The oil is hazardous only because it exhibits the characteristic of ignitability as defined in R 299.9212 or toxicity for benzene as defined in R 299.9212 and R 299.9217.

(ii) The oil generated by the organic chemical manufacturing facility is not placed on the land or speculatively accumulated before being recycled into the petroleum refining process.

(t) Spent caustic solutions from petroleum refining liquid treating processes used as a feedstock to produce cresylic or naphthenic acid unless the material is placed on the land or speculatively accumulated.

(u) Before reuse, the wood preserving wastewaters and spent wood preserving solutions described in subdivisions (i) and (j) of this subrule if all the following requirements are met:

(i) The wood preserving wastewaters and spent wood preserving solutions are reused on-site at water borne plants in the production process for their original intended use.

(ii) Before reuse, the wastewaters and spent wood preserving solutions are managed to prevent releases to either the land or groundwater or both.

(iii) Units used to manage wastewaters or spent wood preserving solutions before reuse can be visually or otherwise determined to prevent releases to either land or groundwater.

(iv) Drip pads used to manage the wastewaters or spent wood preserving solutions before reuse comply with 40 CFR part 265, subpart W, regardless of whether the plant generates a total of less than 1,000 kilograms per month of hazardous waste.

(v) Before operating under this exclusion, the plant owner or operator complies with all the following requirements; otherwise the exclusion must not apply:

(A) Submits a 1-time notification to the director stating that the plant intends to claim the exclusion, giving the date the plant intends to begin operating under the exclusion, and containing the following language: "I have read the applicable regulation establishing an exclusion for wood preserving wastewaters and spent wood preserving solutions and understand it requires me to comply at all times with the conditions set out in the regulations."

(B) The owner or operator maintains a copy of the 1-time notification required under paragraph (v) of this subdivision in its on-site records until closure of the facility.

(C) If the plant voids the exclusion by not complying with the exclusion conditions and wishes to have its wastes excluded again, it shall apply to the director for reinstatement.

The director may reinstate the exclusion on finding that the plant has returned to compliance with all the conditions and that violations are not likely to recur.

(v) Spent materials, other than hazardous waste listed under R 299.9213 or R 299.9214, that are generated within the primary mineral processing industry from which minerals, acids, cyanide, water, or other values are recovered by mineral processing or by beneficiation if all the following requirements are met:

(i) The spent material is legitimately recycled to recover minerals, acids, cyanide, water, or other values.

(ii) The spent material is not speculatively accumulated.

(iii) Except as provided under paragraph (iv) of this subdivision, the spent material is stored in tanks, containers, or buildings that meet the following requirements as applicable:

(A) If using a building, the building must be an engineered structure with a floor, walls, and a roof all made of non-earthen materials providing structural support, except smelter buildings which may have partially earthen floors if the spent material is stored on the nonearthen portion, has a roof that is suitable for diverting rainwater away from the foundation, and is designed, constructed, and operated to prevent significant releases of the material to the environment.

(B) If using a tank, the tank must be free standing, not meet the definition of a surface impoundment, be manufactured of a material suitable for containment of its contents, be operated in a manner that controls fugitive dust if the tank contains any particulate that may be subject to wind dispersal, and be designed, constructed, and operated to prevent significant releases of the material to the environment.

(C) If using a container, the container must be free standing and be manufactured of a material suitable for containment of its contents, be operated in a manner that controls fugitive dust if the container contains any particulate that may be subject to wind dispersal, and be designed, constructed, and operated to prevent significant releases of the material to the environment.

(iv) The spent materials are placed on pads if all the following requirements are met:

(A) The solid mineral processing spent materials do not contain any free liquid.

(B) The pad is designed, constructed, and operated to prevent significant releases of the spent material into the environment.

(C) The pad provides the same degree of containment afforded by non-RCRA tanks, containers, and buildings eligible for this exclusion.

(D) The pad is designed of non-earthen material that is compatible with the chemical nature of the mineral processing spent material.

(E) The pad is capable of withstanding physical stresses associated with placement and removal.

(F) The pad has run-on/run-off controls.

(G) The pad is operated in a manner that controls fugitive dust.

(H) The integrity of the pad is ensured through inspections and maintenance programs.

(I) The director makes a site-specific determination that the materials may be placed on a pad rather than in tanks, containers, or buildings. In making a determination, the director shall consider whether storage on a pad poses the potential for significant releases via groundwater, surface water, and air exposure pathways. When assessing the groundwater, surface water, and air exposure pathways, the director shall consider the volume and physical and chemical properties of the spent material, including its potential for migration of the pad, the potential for human or environmental exposure to hazardous constituents migrating from the pad via each exposure pathway, and the possibility and extent of harm to human and environmental receptors via each exposure pathway. Before making a determination, the director shall provide notice and the opportunity for comment to all persons potentially interested in the determination. Notice may be accomplished by placing notice of the action in major local newspapers or broadcasting notice over local radio stations.

(v) The owner or operator provides notice to the director that provides the following information and is updated if there is a change in the type of materials recycled or the location of the recycling process:

(A) The types of materials recycled.

(B) The type and location of storage units and recycling processes.

(vi) For the exclusion under R 299.9204(2)(i), mineral processing spent materials must be the result of mineral processing and may not include any hazardous wastes listed under R 299.9213 or R 299.9214. Listed hazardous wastes and characteristic hazardous wastes generated by non-mineral processing industries are not eligible for the conditional exclusion from the definition of waste.

(w) Hazardous secondary materials used to make zinc fertilizers if the following conditions are met:

(i) Hazardous secondary materials used to make zinc micronutrient fertilizers must not be accumulated speculatively.

(ii) Generators and intermediate handlers of zinc-bearing hazardous secondary materials that are incorporated into zinc fertilizers shall comply with all the following requirements:

(A) Submit a 1-time notice to the director that contains the name, address, and site identification number of the generator or intermediate handler facility, provides a brief description of the secondary material that is subject to the exclusion, and identifies when the manufacturer intends to begin managing excluded, zinc-bearing hazardous secondary materials under the conditions of this subdivision.

(B) Store the excluded secondary material in buildings, tanks, or containers that are constructed and maintained in a way that prevents releases of the secondary materials into the environment. At a minimum, any building used for this purpose must be an engineered structure made of non-earthen materials that provide structural support and have a floor, walls, and a roof that prevent wind dispersal and contact with rainwater. Tanks used for this purpose must be structurally sound and, if outdoors, must have roofs or covers that prevent contact with wind and rain. Containers that are used for this purpose must remain closed except when it is necessary to add or remove material and be in sound condition.

Containers that are stored outdoors must be managed within storage areas that have containment structures or systems sufficiently impervious to contain leaks, spills, and accumulated precipitation; provide for effective drainage and removal of leaks, spills, and accumulated precipitation; and prevent run-on into the containment system.

(C) With each off-site shipment of excluded hazardous secondary materials, provide written notice to the receiving facility that the material is subject to the conditions of this subdivision.

(D) Maintain at the generator's or intermediate handler's facility for not less than 3 years records of all shipments of excluded hazardous secondary materials. At a minimum, the records for each shipment must include the name of the transporter, the date of the shipment, the name and address of the facility that received the excluded material, documentation confirming receipt of the shipment, and the type and quantity of excluded secondary material in each shipment.

(iii) Manufacturers of zinc fertilizers or zinc fertilizer ingredients made from excluded hazardous secondary materials shall comply with all the following requirements:

(A) Store excluded hazardous secondary material under the storage requirements for generators and intermediate handlers, as specified in paragraph (ii) of this subdivision.

(B) Submit a 1-time notification to the director which contains the name, address, and site identification number of the manufacturing facility and identifies when the manufacturer intends to begin managing excluded, zinc-bearing hazardous secondary materials under the conditions of this subdivision.

(C) Maintain for not less than 3 years records of all shipments of excluded hazardous secondary materials received by the manufacturer. At a minimum, the records for each shipment must include the name and address of the generating facility, the name of the transporter, the date the materials were received, the quantity of materials received, and a brief description of the industrial process that generated the material.

(D) Submit to the director an annual report that identifies the total quantities of all excluded hazardous secondary materials that were used to manufacture zinc fertilizers or zinc fertilizer ingredients in the previous year, the name and address of each generating facility, and the industrial process from which they were generated.

(iv) Nothing in this subdivision preempts, overrides, or otherwise negates the requirements of R 299.9302, that requires any person that generates a waste to determine if the waste is a hazardous waste.

(v) Interim status and licensed storage units that have been used to store only zinc-bearing hazardous wastes before the submission of the 1-time notice described in paragraph (ii) of this subdivision, and that afterward is used only to store hazardous secondary materials excluded under this subdivision, are not subject to the closure requirements of part 6 of these rules.

(x) Zinc fertilizers made from hazardous wastes, or hazardous secondary materials that are excluded under subdivision (w) of this subrule, if the following conditions are met:

(i) The fertilizers meet the following contaminant limits, established as the maximum allowable total concentration in fertilizer per 1% of zinc, for metal contaminants:

(A) Arsenic, 0.3 parts per million.

(B) Cadmium, 1.4 parts per million.

(D) Lead, 2.8 parts per million.

(E) Mercury, 0.3 parts per million.

(ii) The fertilizers meet the contaminant limit for dioxin contaminants of not more than 8 parts per trillion of dioxin, measured as toxic equivalent.

(iii) The manufacturer performs sampling and analysis of the fertilizer product to determine compliance with the contaminant limits for metals not less than every 6 months, and for dioxins not less than every 12 months. Testing must also be performed when changes occur to manufacturing processes or ingredients that could significantly affect the amounts of contaminants in the fertilizer product. The manufacturer may use any reliable analytical methods to demonstrate that no constituent of concern is present in the product at concentrations above the applicable limits. The manufacturer shall ensure that the sampling and analysis are unbiased, precise, and representative of the products introduced into commerce.

(iv) The manufacturer maintains for not less than 3 years records of all sampling and analysis performed for determining compliance with the requirements of paragraph (iii) of this subdivision. At a minimum, the records must include all the following:

(A) The dates and times product samples were taken, and the dates the samples were analyzed.

(B) The names and qualifications of the persons taking the samples.

(D) The name and address of the laboratory facility at which analyses of the samples were performed.

(E) A description of the analytical methods used, including any cleanup and sample preparation methods.

(F) All laboratory analytical results used to determine compliance with the contaminant limits specified in paragraphs (i) and (ii) of this subdivision.

(y) Used CRTs that meet any of the following requirements:

(i) Used, intact CRTs unless they are disposed or are speculatively accumulated by CRT collectors or glass processors.

(ii) Used, intact CRTs when exported for recycling if they meet the requirements of R 299.9231(5).

(iii) Used, broken CRTs if they meet the requirements of R 299.9231(1) and (2).

(iv) Glass removed from CRTs if it meets the requirements of R 299.9231(3).

(z) Solvent-contaminated wipes that are sent for cleaning and reuse are not wastes at the point of generation if all the following requirements are met:

(i) The wipes, when accumulated, stored, and transported, are contained in non-leaking, closed containers that are labeled "Excluded Solvent-Contaminated Wipes." The containers must be able to contain free liquids if free liquids occur. During accumulation, a container is considered closed if there is complete contact between the fitted lid and the rim, except when it is necessary to add or remove wipes. If the container is full, the wipes are no longer being accumulated, or the container is being transported, the container must be sealed with all lids properly and securely affixed to the container and all openings tightly bound or closed sufficiently to prevent leaks and emissions.

(ii) The wipes must not be accumulated by the generator for more than 180 days after the start date of accumulation for each container before being sent for cleaning.

(iii) At the point of being sent for cleaning on-site or at the point of being transported off-site for cleaning, the wipes must contain no free liquids.

(iv) Free liquids removed from the wipes or from the container holding the wipes must be managed in accordance with these rules.

(v) Generators shall maintain at their site all the following:

(A) The name and address of the laundry or dry cleaner that is receiving the wipes.

(B) Documentation that the 180-day accumulation time limit in paragraph (ii) of this subdivision is being met.

(C) A description of the process the generator is using to ensure that the wipes contain no free liquids at the point of being laundered or dry cleaned on-site or at the point of being transported off-site for laundering or dry cleaning.

(vi) The wipes are sent to a laundry or dry cleaner whose discharge, if any, is regulated under sections 301 and 402 or section 307 of the federal clean water act, 33 USC 1311, 1342, and 1317.

(aa) Hazardous secondary material that is generated and legitimately reclaimed within the United States or its territories and under the control of the generator, if all the following requirements are met:

(i) The hazardous secondary material is generated and reclaimed in accordance with any of the following conditions:

(A) It is reclaimed at the generating facility. For this requirement, the generating facility means all contiguous property owned, leased, or otherwise controlled by the hazardous secondary material generator.

(B) It is reclaimed at a different facility that is controlled by the generator, and the generator provides the following certification to the department: "On behalf of [insert generating facility name], I certify that this facility will send the indicated hazardous secondary material to [insert reclaiming facility name], which is controlled by [insert generating facility name] and that [insert name of either generating or reclaiming facility name] has acknowledged full responsibility for the safe management of the secondary hazardous material."

(C) It is reclaimed at a different facility and both the generating facility and the reclaiming facility are controlled by the same person, and the generator provides the following certification to the department: "On behalf of [insert generating facility name], I certify that this facility will send the indicated hazardous secondary material to [insert reclaiming facility name], that both facilities are under common control, and that [insert name of either generating or reclaiming facility name] has acknowledged full responsibility for the safe management of the secondary hazardous material." For this requirement, "control" means the power to direct the policies of the facility, whether by the ownership of stock, voting rights, or otherwise, except contractors that operate facilities on behalf of a different person shall not be considered to "control" the facilities. The generating and reclaiming facilities shall both maintain at their facilities for not less than 3 years records of hazardous secondary materials sent or received under this exclusion. In both cases, the records must contain the name of the transporter, the date of the shipment, and the type and quantity of the hazardous secondary material shipped or received under this exclusion.

These requirements may be satisfied by routine business records, such as financial records, bills of lading, copies of DOT shipping papers, or electronic confirmations of receipt.

(D) The hazardous secondary material is generated under a written contract between a tolling contractor and a toll manufacturer and is reclaimed by the tolling contractor if the tolling contractor certifies the following: "On behalf of [insert tolling contractor name], I certify that [insert tolling contractor name] has a written contract with [insert toll manufacturer name] to manufacture [insert name of product or intermediate] which is made from specified unused materials, and that [insert tolling contractor name] will reclaim the hazardous secondary materials generated during this manufacture. On behalf of [insert tolling contractor name], I also certify that [insert tolling contractor name] retains ownership of, and responsibility for, the hazardous secondary materials that are generated during the manufacture, including any releases of hazardous secondary materials that occur during the manufacturing process." The tolling contractor shall maintain at its facility for not less than 3 years records of hazardous secondary materials received under its written contract with the toll manufacturer, and the toll manufacturer shall maintain at its facility for not less than 3 years records of hazardous secondary materials shipped under its written contract with the tolling contractor. In both cases, the records must contain the name of the transporter, the date of the shipment, and the type and quantity of the hazardous secondary materials shipped or received under the written contract. These requirements may be satisfied by routine business records, such as financial records, bills of lading, copies of DOT shipping papers, or electronic confirmations of receipt. For this requirement, "tolling contractor" means a person that arranges for the production of a product or intermediate made from specified unused materials through a written contract with a toll manufacturer and "toll manufacturer" means a person that produces a product or intermediate made from specified unused materials under a written contract with a tolling contractor.

(ii) The hazardous secondary material is contained. A hazardous secondary material that is released to the environment is discarded and a waste unless it is immediately recovered for reclamation. Hazardous secondary material managed in a unit with leaks or other continuing or intermittent unpermitted releases is discarded and a waste.

(iii) The hazardous secondary material is not speculatively accumulated.

(iv) A notification is provided in accordance with 40 CFR 260.42.

(v) The hazardous secondary material is not otherwise subject to material-specific management conditions under this subrule when reclaimed, and it is not a spent lead-acid battery.

(vi) A person performing the recycling of hazardous secondary materials under this exclusion shall maintain documentation of their legitimacy determination on-site. The documentation must include a written description of how the recycling meets all 3 factors in R 299.9232 and be maintained for 3 years after the recycling operation has ceased.

(vii) The emergency preparedness and response requirements of R 299.9234.

(bb) Hazardous secondary material that is generated and transferred to another person for reclamation if all the following requirements are met:

(i) The hazardous secondary material is not speculatively accumulated.

(ii) The hazardous secondary material is not handled by any person or facility other than the hazardous secondary material generator, the transporter, an intermediate facility, or a reclaimer, and while in transport, is not stored for more than 10 days at a transfer facility and is packaged in accordance with applicable DOT regulations in 49 CFR parts 173, 178, and 179.

(iii) The hazardous secondary material is not otherwise subject to material-specific management conditions under this subrule when reclaimed, and it is not a spent lead-acid battery.

(iv) The reclamation of the hazardous secondary material is legitimate as outlined in R 299.9232.

(v) The hazardous secondary material generator meets all the following conditions:

(A) The hazardous secondary material is contained. A hazardous secondary material that is released to the environment is discarded and a waste unless it is immediately recovered for recycling. Hazardous secondary material managed in a unit with leaks or other continuing or intermittent unpermitted releases is discarded and a waste.

(B) Before arranging for transport of hazardous secondary materials to a reclamation facility or facilities where the management of the hazardous secondary materials is not addressed under an operating license issued under these rules or by the interim status standards in part 6 of these rules, the hazardous secondary material generator shall make reasonable efforts to ensure that each reclaimer intends to properly and legitimately reclaim the hazardous secondary material and not discard it, and that each reclaimer will manage the hazardous secondary material in a manner that is protective of human health and the environment. If the hazardous secondary material will be passing through an intermediate facility where the management of the hazardous secondary material is not addressed under an operating license issued under these rules or by the interim status standards under part 6 of these rules, the hazardous secondary material generator shall make contractual arrangements with the intermediate facility to ensure that the material is sent to the reclamation facility identified by the generator, and make reasonable efforts to ensure that the intermediate facility will manage the hazardous secondary material in a manner that is protective of human health and the environment. The hazardous secondary material generator shall repeat these reasonable efforts every 3 years at a minimum to claim the exclusion and send the hazardous secondary materials to each reclaimer and any intermediate facility. In making these reasonable efforts, the hazardous material generator may use any credible evidence available, including information gathered by the generator, provided by the reclaimer or intermediate facility, or provided by a third party. The hazardous secondary material generator shall confirm that all the following requirements are met for each reclamation facility and any intermediate facility:

(I) The available information indicates that the reclamation process is legitimate under R 299.9232. In evaluating this requirement, the hazardous secondary material generator may rely on their existing knowledge of the physical and chemical properties of the hazardous secondary material, and information from other sources about the reclamation process.

(II) The publicly available information indicates that the reclamation facility and any intermediate facility used by the hazardous secondary material generator has notified the appropriate authorities of the hazardous secondary materials reclamation activities under 40 CFR 260.42, and that the financial assurance requirements of paragraph (vi)(F) of this subdivision have been satisfied. In evaluating this requirement, the hazardous secondary material generator may rely on the available information documenting the reclamation facility’s and any intermediate facility’s compliance with the notification requirements of 40 CFR 260.42, including the requirement in 40 CFR 260.42(a)(5).

(III) The publicly available information indicates that the reclamation facility or any intermediate facility used by the hazardous secondary material generator has not had a formal enforcement action taken against the facility in the previous 3 years for violations of part 111 and these rules and has not been classified as a significant non-complier under RCRA. In evaluating this requirement, the hazardous secondary material generator may rely on the publicly available information from this state or the EPA. If the reclamation facility or any intermediate facility that is used by the hazardous secondary material generator has had a formal enforcement action taken against the facility in the previous 3 years for violations of part 111 and these rules, the generator shall have credible evidence that the facility will manage the hazardous secondary materials in accordance with the applicable regulations. The hazardous secondary material generator may obtain additional information from this state, the EPA, or the facility itself that the facility has addressed the violations, taken remedial steps to address the violations and prevent future violations, or that the violations are not relevant to the proper management of the hazardous secondary materials.

(IV) The publicly available information indicates that the reclamation facility or any intermediate facility used by the hazardous secondary material generator has the equipment and trained personnel to safely recycle the hazardous secondary material. In evaluating this requirement, the hazardous secondary material generator may rely on a description by the reclamation facility or by an independent third-party of the equipment and trained personnel used to recycle the generator’s hazardous secondary material.

(V) If residuals are generated from the reclamation of the excluded hazardous secondary materials, the reclamation facility shall have the licenses required, if any, to manage the residuals. If the reclamation facility does not have the required licenses, the facility shall have a contract with an appropriately licensed facility to dispose of the residuals. If the reclamation facility does not have the required licenses or contracts, the hazardous secondary material generator shall alternatively have credible evidence that the residuals are managed in a manner that is protective of human health and the environment.

In evaluating these requirements, the hazardous secondary material generator may rely on publicly available information from this state, the EPA, or information provided by the facility itself.

(C) The hazardous secondary material generator shall maintain at the generating facility for not less than 3 years documentation and certification that reasonable efforts were made for each reclamation facility and, if applicable, intermediate facility where the management of the hazardous secondary material is not addressed under an operating license issued under these rules or by the interim status standards of part 6 of these rules before transferring hazardous secondary material. The documentation and certification must be made available on request by the department within 72 hours, or within a longer time period as approved by the department. The certification statement must include all the following information:

(I) The printed and official title of an authorized representative of the hazardous secondary material generator company, the authorized representative’s signature, and the date signed.

(II) The following language: "I hereby certify in good faith and to the best of my knowledge that, before arranging for transport of excluded hazardous secondary materials to [insert name(s) of reclamation facility and any intermediate facility], reasonable efforts were made in accordance with R 299.9204(1)(bb)(v)(B) to ensure that the hazardous secondary materials are recycled legitimately, and otherwise managed in a manner that is protective of human health and the environment, and that the efforts were based on current and accurate information."

(D) The hazardous secondary material generator shall maintain at the generator facility for not less than 3 years records of all off-site shipments of hazardous secondary materials.

For each shipment, these records must, at a minimum, contain all the following information:

(I) The name of the transporter and date of the shipment.

(II) The name and address of each reclaimer and, if applicable, the name and address of each intermediate facility to which the hazardous secondary material was sent.

(III) The type and quantity of hazardous secondary material in the shipment.

(E) The hazardous secondary material generator shall maintain for not less than 3 years confirmations after receipt from each reclaimer and, if applicable, each intermediate facility for all off-site shipments of hazardous secondary materials.

(F) The emergency preparedness and response requirements of R 299.9234.

(vi) Reclaimers of hazardous secondary material excluded from regulation under this exclusion and intermediate facilities meet all the following conditions:

(A) The reclaimer and intermediate facility shall maintain at its facility for not less than 3 years records of all shipments of hazardous secondary material that were received at the facility and, if applicable, for all shipments of hazardous secondary material that were received and subsequently sent off-site from the facility for further reclamation. For each shipment, these records must, at a minimum, include the name of the transporter and date of the shipment, the name and address of the hazardous secondary material generator and, if applicable, the name and address of the reclaimer or intermediate facility which the hazardous secondary material was received from, the type and quantity of hazardous secondary material in the shipment, and for hazardous secondary materials that, after being received by the reclaimer or intermediate facility, were subsequently transferred off-site for further reclamation, the name and address of the subsequent reclaimer, and if applicable, the name and address of each intermediate facility to which the hazardous secondary material was sent.

(B) The intermediate facility shall send the hazardous secondary material to the reclaimer or reclaimers designated by the hazardous secondary material generator.

(C) The reclaimer and intermediate facility shall send the hazardous secondary material generator confirmations of receipt for all off-site shipments of hazardous secondary material. Confirmations of receipt must include the name and address of the reclaimer or intermediate facility, the type and quantity of hazardous secondary material received, and the date that the hazardous secondary material was received. This requirement may be satisfied by routine business records, such as financial records, bills of lading, copies of DOT shipping papers, or electronic confirmations of receipt.

(D) The reclaimer and intermediate facility shall manage the hazardous secondary material in a manner that is at least as protective as that employed for analogous raw material and that is contained. As used in this subparagraph, "analogous raw material" means a raw material for which a hazardous secondary material is a substitute and serves the same function and has similar physical and chemical properties as the hazardous secondary material.

(E) Any residuals that are generated from reclamation processes must be managed in a manner that is protective of human health and the environment. If any residuals exhibit a hazardous characteristic according to part 2 of these rules, or they themselves are specifically listed in part 2 of these rules, the residuals are hazardous waste and must be managed in accordance with the applicable requirements of these rules.

(F) The reclaimer and intermediate facility shall have financial assurance as required under part 7 of these rules.

(G) The reclaimer and intermediate facility shall have an operating license issued under these rules or comply with the interim status standards under part 6 of these rules that address the management of the hazardous secondary materials.

(vii) All persons claiming the exclusion under this subdivision shall provide notification as required under 40 CFR 260.42.

(cc) Hazardous secondary material that is generated and transferred to another person for remanufacturing if all the following requirements are met:

(i) The hazardous secondary material consists of 1 or more of the following spent solvents:

(A) Toluene.

(B) Xylenes.

(D) 1,2,4-trimethylbenzene.

(E) Chlorobenzene.

(F) n-hexane.

(G) Cyclohexane.

(H) Methyl tert-butyl ether.

(I) Acetonitrile.

(J) Chloroform.

(K) Chloromethane.

(L) Dichloromethane.

(M) Methyl isobutyl ketone.

(N) NN-dimethylformamide.

(O) Tetrahydrofuran.

(P) n-butyl alcohol.

(Q) Ethanol.

(R) Methanol.

(ii) The hazardous secondary material originated from using 1 or more of the solvents listed in paragraph (i) of this subdivision in a commercial grade for reacting, extracting, purifying, or blending chemicals, or for rinsing out the process lines associated with these functions, in the pharmaceutical manufacturing (NAICS 325412), basic organic chemical manufacturing (NAICS 325199), plastics and resins manufacturing (NAICS 325211), or paints and coatings manufacturing (NAICS 325510) sectors.

(iii) The hazardous secondary material generator sends the hazardous secondary material spent solvents listed in paragraph (i) of this subdivision to a remanufacturer in the pharmaceutical manufacturing (NAICS 325412), basic organic chemical manufacturing (NAICS 325199), plastics and resins manufacturing (NAICS 325211), or paints and coatings manufacturing (NAICS 325510) sectors.

(iv) After manufacturing 1 or more of the solvents listed in paragraph (i) of this subdivision, the use of the remanufactured solvent is limited to reacting, extracting, purifying, or blending chemicals, or for rinsing out the process lines associated with these functions, in the pharmaceutical manufacturing (NAICS 325412), basic organic chemical manufacturing (NAICS 325199), plastics and resins manufacturing (NAICS 325211), or paints and coatings manufacturing (NAICS 325510) sectors or to using them as ingredients in a product. These allowed uses correspond to chemical functional uses enumerated under the chemical data reporting rules of the toxic substances control act, 15 USC 2601 to 2697, and 40 CFR parts 704, 710, and 711, including industrial function codes U015 (solvents consumed in a reaction to produce other chemicals and U030 (solvents become part of the mixture).

(v) After remanufacturing 1 or more of the solvents listed in paragraph (i) of this subdivision, the use of the remanufactured solvent does not involve cleaning or degreasing oil, grease, or similar material from textiles, glassware, metal surfaces or other articles.

These disallowed continuing uses correspond to chemical functional uses in industrial function code U029 under the chemical data reporting rule of the toxic substances control act, 15 USC 2601 to 2697.

(vi) Both the hazardous secondary material generator and the remanufacturer shall do all the following:

(A) Notify the EPA or the director and update the notification every 2 years under 40 CFR 260.42.

(B) Develop and maintain an up-to-date remanufacturing plan that identifies all the following:

(I) The name, address, and site identification number of the generator and the remanufacturer.

(II) The types and estimated annual volumes of spent solvents to be remanufactured.

(III) The processes and industry sectors that generate the spent solvents.

(IV) The specific uses and industry sectors for the remanufactured solvents.

(V) A certification statement from the remanufacturer stating "On behalf of [insert remanufacturer facility name], I certify that this facility is a remanufacturer under pharmaceutical manufacturing (NAICS 325412), basic organic chemical manufacturing (NAICS 325199), plastics and resins manufacturing (NAICS 325211), or paints and coatings manufacturing (NAICS 325510) sectors, and will accept the spent solvents for the sole purpose of remanufacturing into commercial-grade solvents that are used for reacting, extracting, purifying, or blending chemicals, or for rinsing out the process lines associated with these functions, or for use as a product ingredient. I also certify that the remanufacturing equipment, vents, and tanks are equipped with and are operating air emission controls in compliance with the appropriate clean air act regulations under 40 CFR parts 60, 61, or 63, or, absent such clean air act standards for the particular operation or piece of equipment covered by the remanufacturing exclusion, comply with the appropriate standards in 40 CFR part 261, subparts AA, BB, and CC."

(C) Maintain records of shipments and confirmations of receipts for a period of 3 years after the dates of the shipments.

(D) Before remanufacturing, store the hazardous spent solvents in tanks or containers that meet the technical standards R 299.9233(1) and (2), with the tanks and containers being labeled or otherwise having immediately available record of the material being stored.

(E) During remanufacturing, and during storage of the hazardous secondary material before remanufacturing, the remanufacturer certifies that the remanufacturing equipment, vents, and tanks are equipped with and are operating air emission controls in compliance with the appropriate clean air act regulations under 40 CFR parts 60, 61, or 63, or, absent clean air act standards for the particular operation or piece of equipment covered by the remanufacturing exclusion, comply with the appropriate standards in 40 CFR part 261, subparts AA, BB, and CC.

(F) Meet the requirements prohibiting speculative accumulation under R 299.9107.

(dd) Hazardous secondary material that is exported from the United States and reclaimed at a reclamation facility located in a foreign country is not a waste if the hazardous secondary material generator complies with the applicable requirements of subdivision (bb)(i) to (v) of this subrule, except subdivision(bb)(v)(B)(II) subdivision(bb)(v)(B)(II) for foreign reclaimers and foreign intermediate facilities, and all the following requirements:

(i) Provides notification to the EPA of an intended export before the hazardous secondary material is scheduled to leave the United States. A complete notification must be submitted not less than 60 days before the initial shipment is intended to be shipped offsite. The notification may cover export activities extending over no more than a 12-month period. The notification must be in writing, signed by the hazardous secondary material generator, and include all the following information:

(A) The name, mailing address, telephone number, and site identification number, if applicable, of the hazardous secondary material generator.

(B) A description of the hazardous secondary material and the hazardous waste number that would apply if the hazardous secondary material was managed as a hazardous waste and the DOT proper shipping name, hazard class, and ID number (UN/NA) for each hazardous secondary material as identified in 49 CFR parts 171 to 177.

(C) The estimated frequency or rate at which the hazardous secondary material is to be exported and the time period over which the material is to be exported.

(D) The estimated total quantity of hazardous secondary material.

(E) All points of entry to and departure from each foreign country through which the hazardous secondary material will pass.

(F) A description of how each shipment of hazardous secondary material will be transported, including the mode of transportation vehicle and the types of containers.

(G) A description of how the hazardous secondary material will be reclaimed in the country of import.

(H) The name and address of the reclaimer, any intermediate facility, and any alternate reclaimer and intermediate facilities.

(I) The name of any countries of transit through which the hazardous secondary material will be sent and a description of the approximate length of time it will remain in the countries and the nature of its handling while there. For this provision, the terms "country of import" and "country of transit" have the same meanings as those terms as defined in 40 CFR 262.81, with the exception that the terms in this subparagraph refer to hazardous secondary materials, rather than hazardous waste.

(ii) Notifications must be submitted electronically using the WIETS, or its successor system.

(iii) Except for changes to the telephone number in paragraph (i)(A) of this subdivision and decreases in the quantity of hazardous secondary material indicated under paragraph (i)(D) of this subdivision, when the conditions specified on the original notification change, including any exceedance of the estimate of the quantity of hazardous secondary material specified in the original notification, the hazardous secondary material generator shall provide the EPA with written renotification of the change. The shipment cannot take place until consent of the country of import to the changes and in the ports of entry to and departure from countries of transit has been obtained and the hazardous secondary material generator receives from the EPA an Acknowledgment of Consent reflecting the country of import’s consent to the changes.

(iv) On request by the EPA, the hazardous secondary material generator shall furnish to the EPA any additional information which a country of import requests to respond to a notification.

(v) The EPA shall provide a complete notification to the country of import and any countries of transit. A notification is complete when the EPA receives a notification that the EPA determines satisfies the requirements of paragraph (i) of this subdivision. If a claim of confidentiality is asserted with respect to any notification information required by paragraph (i) of this subdivision, the EPA may find the notification not complete until the claim is resolved under 40 CFR 260.2.

(vi) The export of hazardous secondary material under this subdivision is prohibited unless the country of import consents to the intended import. When the country of import consents in writing to the receipt of the hazardous secondary material or withdraws a prior consent, the EPA shall notify the hazardous secondary material generator in writing. The EPA shall also notify the hazardous secondary material generator of any responses from the countries of transit.

(vii) For exports to Organization for Economic Cooperation and Development (OECD) member countries, the receiving country may respond to the notification using tacit consent. If no objection has been lodged by any country of import or any country of transit to a notification provided under to paragraph (i) of this subdivision within 30 days after the date of issuance of the acknowledgement of receipt of notification by the competent authority of the country of import, the transboundary movement may commence. In these cases, the EPA shall send an EPA Acknowledgment of Consent to inform the hazardous secondary material generator that the country of import and any relevant countries of transit have not objected to the shipment and are therefore presumed to have consented tacitly.

Tacit consent expires 1 calendar year after the close of the 30-day period. Renotification and renewal of all consents is required for exports after that date.

(viii) A copy of the EPA Acknowledgement of Consent must accompany the shipment.

The shipment must conform to the terms of the EPA Acknowledgement of Consent.

(ix) If a shipment cannot be delivered for any reason to the reclaimer, intermediate facility, or the alternate reclaimer or alternate intermediate facility, the hazardous secondary material generator shall renotify the EPA of a change in the conditions of the original notification to allow shipment to a new reclaimer in accordance with paragraph (iii) of this subdivision and obtain another EPA Acknowledgement of Consent.

(x) Hazardous secondary material generators shall keep a copy of each notification of intent to export and each EPA Acknowledgement of Consent for a period of not less than 3 years after the date of receipt of the EPA Acknowledgement of Consent. This recordkeeping requirement may be satisfied by retaining electronically submitted notifications or electronically generated EPA Acknowledgements of Consent in the generator’s account on WIETS, provided the copies are readily available for viewing and production if requested by any EPA or authorized state inspector. A hazardous secondary material generator may not be held liable for the inability to produce a notification or EPA Acknowledgment of Consent for inspection under this paragraph if the generator can demonstrate that the inability to produce the copies are due exclusively to technical difficulty with WIETS for which the generator bears no responsibility.

(xi) Hazardous secondary material generators shall file with the EPA no later than March 1 of each year, a report summarizing the types, quantities, frequency, and ultimate destination of all hazardous secondary materials exported during the previous calendar year. Annual reports must be submitted electronically using WIETS. The reports must include all the following information:

(A) The name, mailing and site addresses, and site identification number, if applicable, of the hazardous secondary material generator.

(B) The calendar year covered by the report.

(D) Organized by reclaimer and intermediate facility, for each hazardous secondary material exported, a description of the material and the hazardous waste number that would apply if the material was managed as a hazardous waste, the DOT hazard class, the name and site identification number, if applicable, for each transporter used, the total amount material shipped, and the number of shipments under each notification.

(E) A certification signed by the hazardous secondary material generator that states: "I certify under penalty of law that I have personally examined and am familiar with the information submitted in this and all attached documents, and that based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the submitted information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information including the possibility of fine and imprisonment."

(xii) All persons claiming an exclusion under this subdivision shall provide notification as required by 40 CFR 260.42.

(2) The following wastes are not hazardous wastes under part 111 and these rules:

(a) Household waste, including household waste that has been collected, transported, stored, treated, disposed of, recovered, or reused. Household waste means any waste material, including garbage, trash, and sanitary wastes in septic tanks, that is derived from households, including single and multiple residences, hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds, and day-use recreation areas.

A resource recovery facility that manages municipal waste is not considered to be treating, storing, disposing of, or otherwise managing hazardous wastes for regulation under these rules if the facility complies with both of the following provisions:

(i) Receives and burns only household waste from single and multiple dwellings, hotels, motels, and other residential sources and waste from commercial or industrial sources that does not contain hazardous waste.

(ii) Does not accept hazardous wastes and the owner or operator of the facility has established contractual requirements or other appropriate notification or inspection procedures to ensure that hazardous wastes are not received at or burned in the facility.

(b) Wastes that are generated by either of the following and that are returned to the soil as fertilizers:

(i) The growing and harvesting of agricultural crops.

(ii) The raising of animals, including animal manures.

(d) Fly ash waste, bottom ash waste, slag waste, and flue gas emission control waste that is generated primarily from the combustion of coal or other fossil fuels, except as provided by 40 CFR 266.112 for facilities that burn or process hazardous waste.

(e) The following wastes that are generated primarily from processes that support the combustion of coal or other fossil fuels that are co-disposed with the wastes in subdivision (d) of this subrule, except as provided by 40 CFR 266.112 for facilities that burn or process hazardous waste:

(i) Coal pile run-off, which means any precipitation that drains off of coal piles.

(ii) Boiler cleaning solutions, which means water solutions and chemical solutions used to clean the fireside and water-side of the boiler.

(iii) Boiler blowdown, which means water purged from boilers used to generate steam.

(iv) Process water treatment and demineralizer regeneration wastes, which means sludges, rinses, and spent resins generated from processes to remove dissolved gases, suspended solids, and dissolved chemical salts from combustion system process water.

(v) Cooling tower blowdown, which means water purged from a closed cycle cooling system. Closed cycle cooling systems include cooling towers, cooling ponds, or spray canals.

(vi) Air heater and precipitator washes, which means wastes from cleaning air preheaters and electrostatic precipitators.

(vii) Effluents from floor and yard drains and sumps, which means wastewaters, such as wash water, collected by or from floor drains, equipment drains, and sumps located inside the power plant building; and wastewaters, such as rain runoff, collected by yard drains and sumps located outside the power plant.

(viii) Wastewater treatment sludges, which mean sludges that are generated from the treatment of wastewaters specified in paragraphs (i) to (vi) of this subdivision.

(f) Drilling fluids, produced waters, and other wastes that are associated with the exploration, development, or production of crude oil, natural gas, or geothermal energy.

(g) Wastes that fail the test for the toxicity characteristic because chromium is present or wastes that are listed in R 299.9213 or R 299.9214 due to the presence of chromium, that do not fail the test for the toxicity characteristic for another constituent or are not listed due to the presence of another constituent, and that do not fail the test for another characteristic, if it is shown by a waste generator or by waste generators that all the following provisions are met:

(i) The chromium in the waste is exclusively, or nearly exclusively, trivalent chromium.

(ii) The waste is generated from an industrial process that uses trivalent chromium exclusively, or nearly exclusively, and the process does not generate hexavalent chromium.

(iii) The waste is typically and frequently managed in nonoxidizing environments.

(h) The specific wastes that meet the standards in subdivision (g) of this subrule, if the wastes do not fail the test for the toxicity characteristic for another constituent and do not fail the test for another characteristic, include the following:

(i) Chrome (blue) trimmings generated by any of the following subcategories of the leather tanning and finishing industry:

(A) Hair pulp/chrome, tan/retan/wet finish.

(B) Hair save/chrome, tan/retan/wet finish.

(D) No beam houses.

(E) Through-the-blue.

(F) Shearling.

(ii) Chrome (blue) shavings generated by any of the following subcategories of the leather tanning and finishing industry:

(A) Hair pulp/chrome, tan/retan/wet finish.

(B) Hair save/chrome, tan/retan/wet finish.

(D) No beam house.

(E) Through-the-blue.

(F) Shearling.

(iii) Buffing dust generated by any of the following subcategories of the leather tanning and finishing industry:

(A) Hair pulp/chrome, tan/retan/wet finish.

(B) Hair save/chrome, tan/retan/wet finish.

(D) No beamhouse.

(E) Through-the-blue.

(iv) Sewer screenings generated by any of the following subcategories of the leather tanning and finishing industry:

(A) Hair pulp/chrome, tan/retan/wet finish.

(B) Hair save/chrome, tan/retan/wet finish.

(D) No beamhouse.

(E) Through-the-blue.

(F) Shearling.

(v) Wastewater treatment sludges generated by any of the following subcategories of the leather tanning and finishing industry:

(A) Hair pulp/chrome, tan/retan/wet finish.

(B) Hair save/chrome, tan/retan wet finish.

(D) No beamhouse.

(E) Through-the-blue.

(F) Shearling.

(vi) Wastewater treatment sludges generated by any of the following subcategories of the leather tanning and finishing industry:

(A) Hair pulp/chrome, tan/retan/wet finish.

(B) Hair save/chrome, tan/retan/wet finish.

(vii) Waste scrap leather from the leather tanning industry, the shoe manufacturing industry, and other leather product manufacturing industries, including waste scrap leather from automotive seat design activities.

(viii) Wastewater treatment sludges from the production of Ti02 pigment using chromium-bearing ores by the chloride process.

(ix) Ink generated by the USPS in its automated facer canceled systems.

(x) Boiler chemical cleaning waste from electric utility boiler maintenance using water and tetra ammonium ethylene diamine tetra acetic acid, which is also known as ammoniated EDTA.

(xi) Waste leather personal protective equipment manufactured by the leather tanning industry, shoe manufacturing industry, or other leather product industries, such as footwear, gloves, jackets, or aprons, if the chromium concentration in the waste is comparable to the chromium concentration in equipment before use.

(i) Waste from the extraction, beneficiation, and processing of ores and minerals, including coal, phosphate rock, and overburden from the mining of uranium ore, except as provided in 40 CFR 266.112 for facilities that burn or process hazardous waste. As used in this subdivision, the following provisions apply:

(i) Beneficiation of ores and minerals is restricted to the following activities: crushing; grinding; washing; dissolution; crystallization; filtration; sorting; sizing; drying; sintering; pelletizing; briqueting; calcining to remove water or carbon dioxide, or both; roasting, autoclaving, or chlorination, or any combination thereof, in preparation for leaching, except where the roasting/leaching or autoclaving/leaching or chlorination/leaching sequence produces a final or intermediate product that does not undergo further beneficiation or processing; gravity concentration; magnetic separation; electrostatic separation; flotation; ion exchange; solvent extraction; electrowinning; precipitation; amalgamation; and heap, dump, vat, tank, and in-situ leaching.

(ii) Waste from the processing of ores and minerals must include only the following wastes as generated:

(A) Slag from primary copper processing.

(B) Slag from primary lead processing.

(D) Phosphogypsum from phosphoric acid production.

(E) Slag from elemental phosphorus production.

(F) Gasifier ash from coal gasification.

(G) Process wastewater from coal gasification.

(H) Calcium sulfate wastewater treatment plant sludge from primary copper processing.

(I) Slag tailings from primary copper processing.

(J) Fluorogypsum from hydrofluoric acid production.

(K) Process wastewater from hydrofluoric acid production.

(L) Air pollution control dust/sludge from iron blast furnaces.

(M) Iron blast furnace slag.

(N) Treated residue from roasting/leaching of chrome ore.

(O) Process wastewater from primary magnesium processing by the anhydrous process.

(P) Process wastewater from phosphoric acid production.

(Q) Basic oxygen furnace and open-hearth furnace air pollution control dust/sludge from carbon steel production.

(R) Basic oxygen furnace and open-hearth furnace slag from carbon steel production.

(S) Chloride process waste solids from titanium tetrachloride production.

(T) Slag from primary zinc processing.

(iii) Residues derived from co-processing mineral processing secondary materials with normal beneficiation raw materials or with normal mineral processing raw materials remain excluded under this subrule if the owner or operator meets both of the following requirements:

(A) Processes not less than 50% by weight normal beneficiation raw materials or normal mineral processing raw materials.

(B) Legitimately reclaims the secondary mineral processing materials.

(j) Mixtures of a waste that is excluded from regulation under subdivision (i) of this subrule and another waste that exhibits a hazardous waste characteristic under R 299.9212 and that is not listed under R 299.9213 or R 299.9214, so that the resultant mixture does not exhibit any hazardous waste characteristic that would have been exhibited by the nonexcluded waste alone if the mixture had not occurred.

(k) Cement kiln dust waste, except as provided in 40 CFR 266.112 for facilities that burn or process hazardous waste.

(l) Waste that consists of discarded arsenical-treated wood or wood products, that fails the test for the toxicity characteristic for hazardous waste numbers D004 to D017 and that is not a hazardous waste for another reason, if the waste is generated by persons that utilize the arsenical-treated wood and wood products for these materials' intended end use.

(m) Petroleum-contaminated media and debris that fail the test for the toxicity characteristic under R 299.9212 for hazardous waste numbers D018 to D043 only and are subject to the corrective action regulations under 40 CFR part 280.

(n) Used chlorofluorocarbon refrigerants from totally enclosed heat transfer equipment, including mobile air conditioning systems, mobile refrigeration, and commercial and industrial air conditioning and refrigeration systems that use chlorofluorocarbons as the heat transfer fluid in a refrigeration cycle, if the refrigerant is reclaimed for further use.

(o) Non-terne plated used oil filters that are not mixed with wastes that are identified in R 299.9213 or R 299.9214, or both, if the oil filters have been gravity hot-drained using 1 of the following methods:

(i) Puncturing the filter anti-drain back valve or the filter dome end and hot-draining.

(ii) Hot-draining and crushing.

(iii) Dismantling and hot-draining.

(iv) Another equivalent hot-draining method that removes used oil.

(p) Leachate or gas condensate collected from landfills where certain wastes have been disposed of if all the following requirements are met:

(i) The wastes disposed would meet 1 or more of the listing descriptions for hazardous waste numbers K169, K170, K171, K172, K174, K175, K176, K177, K178, and K181 if these wastes had been generated after the effective date of the listing.

(ii) The wastes described in paragraph (i) of this subdivision were disposed before the effective date of the listing.

(iii) The leachate or gas condensate do not exhibit any characteristic of a hazardous waste and are not derived from another listed hazardous waste.

(iv) The discharge of the leachate or gas condensate, including leachate or gas condensate transferred from the landfill to a publicly owned treatment works by truck, rail, or dedicated pipe, is subject to regulations under section 307(b) or 402 of the federal clean water act, 33 USC 1317 or 1342.

(v) As of February 13, 2001, leachate or gas condensate derived from K169, K170, K171, and K172 is no longer exempt if it is stored or managed in a surface impoundment before discharge. As of November 21, 2003, leachate or gas condensate derived from K176, K177, or K178 is no longer exempt if it is stored or managed in a surface impoundment before discharge. After February 26, 2007, leachate or gas condensate derived from K181 is no longer exempt if it is stored or managed in a surface impoundment before discharge unless the surface impoundment meets both of the following requirements:

(A) The surface impoundment is used to temporarily store leachate or gas condensate in response to an emergency situation.

(B) The surface impoundment has a double liner, and the leachate or gas condensate is removed from the impoundment and continues to be managed in compliance with the conditions of this subdivision after the emergency ends.

(q) Solvent-contaminated wipes, except for wipes that are hazardous waste due to the presence of trichloroethylene, that are sent for disposal are not hazardous waste at the point of generation if all the following requirements are met:

(ii) The wipes must not be accumulated by the generator for more than 180 days after the start date of accumulation for each container before being sent for disposal.

(iii) At the point of being transported for disposal, the wipes contain no free liquids.

(iv) Free liquids removed from the wipes or from the container holding the wipes must be managed in accordance with these rules.

(v) Generators shall maintain at their site all the following:

(A) The name and address of the landfill or combustor that is receiving the wipes.

(B) Documentation that the 180-day accumulation time limit in paragraph (ii) of this subdivision is being met.

(C) A description of the process the generator is using to ensure that the wipes contain no free liquids at the point of being transported for disposal.

(vi) The wipes are sent for disposal to any of the following:

(A) A municipal solid waste landfill regulated under part 115.

(B) A municipal solid waste landfill regulated under 40 CFR part 258.

(D) A hazardous waste landfill regulated under 40 CFR part 264 or 265.

(E) A municipal waste combustor or other combustion facility regulated under section 129 of the clean air act, 42 USC 7429.

(F) A hazardous waste combustor, boiler, or industrial furnace regulated under these rules.

(G) A hazardous waste combustor, boiler, or industrial furnace regulated under 40 CFR part 264, 265, or 266, subpart H.

(3) The following hazardous wastes are not subject to regulation under parts 3 to 10 of these rules:

(a) A hazardous waste that is generated in a product or raw material storage tank, a product or raw material transport vehicle or vessel, a product or raw material pipeline, or a manufacturing process unit or an associated nonwaste treatment manufacturing unit. This exemption does not apply in any of the following circumstances:

(i) Once the waste exits the unit in which it was generated.

(ii) If the unit is a surface impoundment.

(iii) If the hazardous waste remains in the unit more than 90 days after the unit ceases to be operated for the manufacturing, storage, or transportation of product or raw materials.

(b) Waste pesticides and pesticide residues that are generated by a farmer from the farmer’s own use and that are hazardous wastes if the pesticide residues are disposed of on the farmer's own farm in a manner that is consistent with the disposal instructions on the pesticide container label and if the farmer empties or cleans each pesticide container under R 299.9207.

(4) Except as provided in subrule (5) of this rule, a sample of waste or a sample of water, soil, or air that is collected for the sole purpose of testing to determine its characteristics or composition is not subject to part 111 and these rules if the following provisions are met:

(a) The sample meets 1 of the following provisions:

(i) The sample is being transported to a laboratory for testing.

(ii) The sample is being transported back to the sample collector after testing.

(iii) The sample is being stored by the sample collector before transport to a laboratory for testing.

(iv) The sample is being stored in a laboratory before testing.

(v) The sample is being stored in a laboratory after testing but before it is returned to the sample collector.

(vi) The sample is being stored temporarily in the laboratory after testing for a specific purpose, such as until conclusion of a court case or enforcement action where further testing of the sample might be necessary.

(b) A sample collector that ships samples to a laboratory and a laboratory that returns samples to a sample collector shall comply with DOT, USPS, or another applicable shipping requirements. The sample collector shall only ship a volume that is necessary for testing and analysis and, if the sample collector determines that DOT, USPS, or other shipping requirements do not apply to the shipment of the sample, the sample collector shall package the sample so that it does not leak, spill, or vaporize from its packaging and ensure that all the following information accompanies the sample:

(i) The sample collector's name, mailing address, and telephone number.

(ii) The laboratory's name, mailing address, and telephone number.

(iii) The quantity of the sample.

(iv) The date of shipment.

(v) A description of the sample.

(c) The mass of a sample that is exported to a foreign laboratory or that is imported to a United States laboratory from a foreign source does not exceed 25 kilograms.

(5) The exemption specified in subrule (4) of this rule does not apply if the laboratory determines that the waste is hazardous, but the laboratory is no longer in compliance with any of the conditions in subrule (4)(a) of this rule.

(6) Persons that generate or collect samples for conducting treatability studies are not subject to the requirements of parts 2, 3, and 4 of these rules or the notification requirements of section 3010 of RCRA, 42 USC 6930, and the samples are not included in the quantity determinations specified in R 299.9303 when the sample is being collected and prepared for transportation by the generator or sample collector, the sample is being accumulated or stored by the generator or sample collector before transportation to a laboratory or testing facility, or the sample is being transported to a laboratory or testing facility for conducting a treatability study. The exemption specified in this subrule applies to samples of hazardous waste that are being collected and shipped for conducting treatability studies if all the following provisions are met:

(a) The generator or sample collector does not use more than 10,000 kilograms of media that is contaminated with nonacute hazardous waste, 1,000 kilograms of any nonacute hazardous waste other than contaminated media, 1 kilogram of acute or severely toxic hazardous waste, or 2,500 kilograms of media that is contaminated with acute or severely toxic hazardous waste for each process that is being evaluated for each generated waste stream in a treatability study.

(b) The mass of each sample shipment is not more than 10,000 kilograms. The 10,000-kilograms quantity may be all media contaminated with nonacute hazardous waste or may include 2,500 kilograms of media contaminated with acute or severely toxic hazardous waste, 1,000 kilograms of nonacute hazardous waste, and 1 kilogram of acute or severely toxic hazardous waste.

(c) The sample must be packaged and transported so that it will not leak, spill, or vaporize from its packaging during shipment and so that either of the following requirements are met:

(i) The transportation of each sample shipment complies with DOT, USPS, or another applicable shipping requirement.

(ii) If the DOT, USPS, or other shipping requirements do not apply to the shipment of the sample, all the following information must accompany the sample:

(A) The name, mailing address, and telephone number of the originator of the sample.

(B) The name, address, and telephone number of the facility that will perform the treatability study.

(D) The date of the shipment.

(E) A description of the sample, including its hazardous waste number.

(d) The sample is shipped to a laboratory or testing facility that is exempt under subrule (9) of this rule or has an appropriate RCRA permit, state hazardous waste operating license, or interim status.

(e) The generator or sample collector maintains all the following records for 3 years after completion of the treatability study:

(i) Copies of the shipping documents.

(ii) A copy of the contract with the facility that conducts the treatability study.

(iii) Documentation that shows all the following information:

(A) The amount of waste that is shipped under this exemption.

(B) The name, address, and site identification number of the laboratory or testing facility that received the waste.

(D) If unused samples and residues were returned to the generator.

(f) The generator reports the information required under subdivision (e)(iii) of this subrule as part of the data referenced in R 299.9312(1).

(g) The mass of a sample that is exported to a foreign laboratory or that is imported to a United States laboratory from a foreign source does not exceed 25 kilograms.

(7) The director may grant requests on a case-by-case basis for up to an additional 2 years for treatability studies involving bioremediation. The director may grant requests on a case-by-case basis for quantity limits in excess of those specified in subrules (6)(a) and (b) and (9)(d) of this rule for up to an additional 5,000 kilograms of media contaminated with nonacute hazardous waste, 500 kilograms of nonacute hazardous waste, 2,500 kilograms of media contaminated with acute or severely toxic hazardous waste, and 1 kilogram of acute or severely toxic hazardous waste. A request may be granted in response to 1 or both of the following requests:

(a) A request for authorization to ship, store, and conduct treatability studies on, additional quantities in advance of commencing treatability studies. The director shall consider all the following factors in determining whether to grant the request:

(i) The nature of the technology.

(ii) The type of process.

(iii) The size of the unit undergoing testing, particularly in relation to scale-up considerations.

(iv) The time and quantity of material required to reach steady state operating conditions.

(v) Test design considerations such as mass balance calculations.

(b) A request for authorization to ship, store, and conduct treatability studies on, additional quantities after initiation or completion of initial treatability studies when any of the following occur:

(i) There has been an equipment or mechanical failure during the conduct of a treatability study.

(ii) There is a need to verify the results of a previously conducted treatability study.

(iii) There is a need to study and analyze alternative techniques within a previously evaluated treatment process.

(iv) There is a need to do further evaluation of an ongoing treatability study to determine final specifications for treatment.

(8) The additional quantities and time frames allowed under subrule (7) of this rule are subject to this rule. The generator or sample collector shall apply to the director and shall provide, in writing, all the following information:

(a) The reason why the generator or sample collector requires an additional quantity of the sample or time for the treatability study evaluation and the additional quantity or time needed.

(b) Documentation accounting for all samples of hazardous waste from the waste stream that have been sent for or undergone treatability studies, including all the following information:

(i) The date that each previous sample from the waste stream was shipped.

(ii) The sample quantity of each previous shipment.

(iii) The laboratory or testing facility to which the sample was shipped.

(iv) What treatability study processes were conducted on each sample shipped.

(v) The available results of each treatability study.

(c) A description of the technical modifications or change in specifications that will be evaluated and the expected results.

(d) If further study is being required due to equipment or mechanical failure, the applicant shall include information regarding the reason for the failure and a description of what procedures were established, or what equipment improvements have been made, to protect against further equipment or mechanical failure.

(e) Other information that the director considers necessary.

(9) Samples that undergo treatability studies and the laboratory or testing facility that conducts the treatability studies, to the extent the facilities are not otherwise subject to the requirements of part 111 or these rules, are not subject to any of the requirements of these rules or to the notification requirements of section 3010 of RCRA, 42 USC 6930, if the conditions of this subrule are met. A mobile treatment unit may qualify as a testing facility subject to this subrule. If a group of mobile treatment units is located at the same site, the limitations specified in this subrule apply to the entire group of mobile treatment units collectively as if the group were 1 mobile treatment unit. The conditions are as follows:

(a) Not less than 45 days before conducting treatability studies, the facility shall notify the director, in writing, that it intends to conduct treatability studies under this rule.

(b) The laboratory or testing facility that conducts the treatability study has a site identification number.

(c) Not more than a total of 10,000 kilograms of as received media contaminated with nonacute hazardous waste, 2,500 kilograms of media contaminated with acute or severely toxic hazardous waste, or 250 kilograms of other as received hazardous waste is subjected to the initiation of treatment in all treatability studies in any single day. As received hazardous waste refers to waste as received in the shipment from the generator or sample collector.

(d) The quantity of as received hazardous waste that is stored at the facility for evaluation in treatability studies is not more than 10,000 kilograms, the total of which may include 10,000 kilograms of media contaminated with nonacute hazardous waste, 2,500 kilograms of media contaminated with acute or severely toxic hazardous waste, 1,000 kilograms of nonacute hazardous waste other than contaminated media, and 1 kilogram of acute or severely toxic hazardous waste. The quantity limitation does not include treatment materials, including nonhazardous waste, that are added to as received hazardous waste.

(e) Not more than 90 days have elapsed since the treatability study for the sample was completed, or not more than 1 year, or 2 years for treatability studies involving bioremediation, has elapsed since the generator or sample collector shipped the sample to the laboratory or testing facility, whichever date occurs first.

(f) The treatability study does not involve the placement of hazardous waste on the land or the open burning of hazardous waste.

(g) The facility maintains records, for 3 years following completion of each study, that show compliance with the treatment rate limits, storage time, and quantity limits. All the following specific information must be included for each treatability study that is conducted:

(i) The name, address, and site identification number of the generator or sample collector of each waste sample.

(ii) The date the shipment was received.

(iii) The quantity of waste accepted.

(iv) The quantity of as received waste in storage each day.

(v) The date the treatment study was initiated and the amount of as received waste introduced to treatment each day.

(vi) The date the treatability study was concluded.

(vii) The date any unused sample or residues generated from the treatability study were returned to the generator or sample collector or, if sent to a designated facility, the name of the facility and the site identification number.

(h) The facility keeps, on-site, a copy of the treatability study contract and all shipping papers associated with the transport of treatability study samples to and from the facility for a period ending 3 years after the completion date of each treatability study.

(i) The facility prepares and submits a report to the director by March 15 of each year that includes all the following information for the previous calendar year:

(i) The name, address, and site identification number of the facility conducting the treatability studies.

(ii) The types, by process, of treatability studies conducted.

(iii) The names and addresses of persons for whom studies have been conducted, including their site identification numbers.

(iv) The total quantity of waste in storage each day.

(v) The total quantity and types of waste subjected to treatability studies.

(vi) When each treatability study was conducted.

(vii) The final disposition of residues and unused sample from each treatability study.

(j) The facility determines if any unused sample or residues generated by the treatability study are hazardous waste under R 299.9203 and, if so, are subject to these rules, unless the residues and unused samples are returned to the sample originator under the exemption in subrule (6) of this rule.

(k) The facility notifies the director, by letter, when the facility is no longer planning to conduct any treatability studies at the site.

(10) The disposal of PCB-containing dielectric fluid and electric equipment that contains the fluid as authorized for use and as regulated under 40 CFR part 761 and fluid and equipment that are hazardous only because they fail the test for the toxicity characteristic for hazardous waste numbers D018 to D043 are not subject to regulation under parts 2 to 7, 9, and 10 of these rules.

(11) Dredged material, as that term is defined in 40 CFR 232.2, that is subject to the requirements of a permit that has been issued under section 404 of the federal clean water act, 33 USC 1344, or section 103 of the marine protection, research, and sanctuaries act of 1972, 33 USC 1413, is not a hazardous waste for under part 111 and these rules. For this exemption, "permit" means any of the following:

(a) A permit issued by the United States Army Corps of Engineers or an approved state under section 404 of the federal clean water act, 33 USC 1344.

(b) A permit issued by the United States Army Corps of Engineers under section 103 of the marine protection, research, and sanctuaries act of 1972, 33 USC 1413.

(c) In the case of United States Army Corps of Engineers civil works projects, the administrative equivalent of the permits referred to in subdivisions (a) and (b) of this subrule, as provided for in the United States Army Corps of Engineers regulations.

(12) Carbon dioxide streams that are captured and transported for injection into an underground injection well subject to the requirements for class VI underground injection control wells, including the requirements of 40 CFR parts 144 and 146 and the underground injection control program under act 399, are not a hazardous waste if all the following requirements are met:

(a) Transportation of the carbon dioxide stream must comply with all the following DOT requirements:

(i) The pipeline safety laws under 49 USC 60101 to 60141.

(ii) The pipeline safety regulations under 49 CFR parts 190 to 199.

(iii) The pipeline safety regulations adopted and administered by a state authority under a certification under 49 USC 60105, as applicable.

(b) Injection of the carbon dioxide stream must comply with the applicable requirements for class VI underground injection control wells, including the applicable requirements of 40 CFR parts 144 and 146.

(d) Any generator of a carbon dioxide stream that claims that a stream is excluded under this subrule shall sign, or have an authorized representative sign, a certification statement worded in accordance with 40 CFR 261.4(h)(4)(i).

(e) Any class VI underground injection control well owner or operator that claims that a carbon dioxide stream is excluded under this subrule shall sign, or have an authorized representative sign, a certification statement worded in accordance with 40 CFR 261.4(h)(4)(ii).

(f) The signed certification statements referenced in subdivisions (d) and (e) of this subrule must be maintained on-site for not less than 3 years. The statements must be made available within 72 hours after a written request from the director. The statements must be renewed every year that the exclusion is claimed by having the generator or the owner or operator, or their authorized representative, annually prepare and sign a new copy of the statement within 1 year after the date of the previous statement. The statements must also be readily accessible on the generator and owner or operator’s publicly available website, if one exists, as a public notification with the title of "Carbon Dioxide Stream Certification" when the exclusion is claimed.

(13) Airbag waste at the airbag waste handler or during transport to an airbag waste collection facility or designated facility is not subject to regulation under parts 2 to 7, 9, and 10 of these rules if all the following requirements are met:

(a) The airbag waste is accumulated in a quantity of not more than 250 airbag modules or airbag inflators.

(b) The airbag waste is accumulated for not more than 180 days.

(c) The airbag waste is packaged in a container designed to address the risk posted by the airbag waste and labelled "Airbag Waste - Do Not Reuse".

(d) The airbag waste is sent directly to either of the following:

(i) An airbag waste collection facility in the United States under the control of a vehicle manufacturer or the vehicle manufacturer’s authorized representative, or under the control of an authorized individual administering a remedy program in response to a recall under the National Highway Traffic Safety Administration.

(ii) A designated facility.

(e) The transport of the airbag waste complies with all applicable DOT regulations in 49 CFR parts 171 to 180 during transit.

(f) The airbag waste handler maintains at the handler facility for not less than 3 years records of all off-site shipments of airbag waste and all confirmations of receipt from the receiving facility. The shipping records and confirmations of receipt must contain the following information, which may be satisfied by routine business records such as electronic or paper financial records, bills of lading, copies of DOT shipping papers, or electronic confirmations of receipt, and made available for inspection:

(i) For each shipment, at a minimum, all the following:

(A) The name of the transporter.

(B) The date of the shipment.

(D) Whether the airbag waste are modules or inflators and the quantity of each type of waste.

(ii) For each shipment, the confirmations of receipt must include all the following:

(A) The name and address of the receiving facility.

(B) Whether the airbag waste are modules or inflators and the quantity of each type of waste received.

(14) Once the airbag waste arrives at an airbag waste collection facility or designated facility, the airbag waste is subject to all applicable provisions of these rules, and the facility receiving the airbag waste is considered the hazardous waste generator under these rules and shall comply with part 3 of these rules.

(15) The reuse in vehicles of defective airbag modules or airbag inflators subject to a recall under the National Highway Traffic Safety Administration must be considered sham recycling and is prohibited under R 299.9107(w) and R 299.9202(1)(a).

(16) 40 CFR 261.4(h)(4)(i) and (ii), part 144, part 146, part 280, and part 761, and 49 CFR parts, 171 to 180 and 190 to 199 are adopted by reference in R 299.11003 and R 299.11004.

Editor's Note: An obvious error in R 299.9204 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Michigan Register, 2025 MR 8. The memorandum requesting the correction was published in Michigan Register, 2025 MR 13.

**History**
- *History: 1985 AACS; 1988 AACS; 1994 AACS; 1996 AACS; 2000 AACS; 2004 AACS;2008 AACS; 2013 AACS; 2017 AACS; 2020 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 299.9205** Rescinded {#sec-r-299.9205 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9205}

2013 AACS; 2017 AACS; 2020 AACS.

**History**
- *History: 1985 AACS; 1988 AACS; 1991 AACS; 1994 AACS; 1996 AACS; 1998 AACS; 2004 AACS;*

##### **Mich. Admin. Code R 299.9206** Requirements for recyclable materials {#sec-r-299.9206 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9206}

Rule 206. (1) Except as provided in subrules (2) to (6) of this rule, recyclable materials are subject to all the following requirements:

(a) Generators and transporters of recyclable materials are subject to the applicable requirements of parts 3 and 4 of these rules.

(b) Owners or operators of facilities that store recyclable materials before they are recycled are regulated under all applicable provisions of parts 5, 6, 7, and 8 of these rules.

The recycling process itself is exempt from regulation, except as provided in subdivision (d) of this subrule.

(c) Owners or operators of facilities that recycle recyclable materials without storing them before they are recycled are subject to the identification number requirements of 40 CFR 264.11, the manifest requirements of R 299.9608, and the reporting requirements f R 299.9610. The recycling process itself is exempt from regulation, except as provided in subdivision (d) of this subrule.

(d) A hazardous waste management unit in which recyclable materials are recycled is subject to the requirements of 40 CFR part 265, subparts AA and BB if the unit is located at a facility that is described in R 299.9601(3)(a) or (b), or the requirements of R 299.9630 and R 299.9631 if the unit is located at a facility subject to the licensing requirements specified in part 111 and part 5 of these rules.

(2) The following recyclable materials are not subject to the requirements of this rule, but are regulated under the applicable provisions of parts 5 and 8 of these rules:

(a) Recyclable materials used in a manner that constitutes disposal.

(b) Hazardous wastes burned for energy recovery in boilers and industrial furnaces that are not regulated as incinerators under part 6 of these rules.

(d) Spent lead-acid batteries that are being reclaimed.

(3) The following recyclable materials are not subject to regulation under part 111 or these rules, except for the environmental and human health standards of R 299.9602 and R 299.9809 to R 299.9816, as applicable:

(a) Industrial ethyl alcohol that is reclaimed except that exports and imports of the recyclable materials must comply with the requirements of R 299.9314.

(b) Scrap metal that is not excluded under R 299.9204(1)(p).

(c) Fuels produced from the refining of oil-bearing hazardous wastes together with normal process streams at a petroleum refining facility if the wastes result from normal petroleum refining, production, and transportation practices. This exemption does not apply to fuels produced from oil recovered from oil-bearing hazardous waste if the recovered oil is already excluded under R 299.9204(1)(l).

(d) Hazardous waste fuel that is produced from oil-bearing hazardous wastes from petroleum refining, production, or transportation practices or that is produced from oil that is reclaimed from the hazardous wastes, if the hazardous wastes are reintroduced into a process that does not use distillation or does not produce products from crude oil if the resulting fuel complies with the used oil specification in R 299.9809(1)(f) and if other hazardous wastes are not used to produce the hazardous waste fuel.

(e) Hazardous waste fuel that is produced from oil-bearing hazardous waste that results from petroleum refining production and transportation practices if the hazardous wastes are reintroduced into a refining process after a point at which contaminants are removed and if the fuel complies with the used oil fuel specification in R 299.9809(1)(f).

(f) Oil that is reclaimed from oil-bearing hazardous wastes that result from petroleum refining, production, and transportation practices, which reclaimed oil is burned as a fuel without reintroduction to a refining process, if the reclaimed oil complies with the used oil fuel specification in R 299.9809(1)(f).

(g) Textiles, including gloves, uniforms, linens, and wipes, that are being recycled in a manner other than being burned for energy recovery or used in a manner constituting disposal if both of the following conditions are met:

(i) After the textile's original use, hazardous waste is not mixed with the textile.

(ii) The textiles and the containers used to transport the textiles do not contain any free liquids.

(4) Used oil that is recycled and is also a hazardous waste solely because it exhibits a hazardous characteristic is not subject to regulation under part 111 or these rules, except for the environmental and human health standards in R 299.9602 and R 299.9809 to R 299.9816. Used oil that is recycled includes any used oil that is reused, after its original use, for any purpose. Used oil includes, but is not limited to, oil that is re-refined, reclaimed, burned for energy recovery, or reprocessed.

(5) An owner or operator of a facility that stores lamps that meet the definition of a hazardous waste before recycling the lamps at the facility shall comply with all the following requirements:

(a) Submit a written notification of hazardous waste lamp storage activity to the director.

The notification must include all the following information:

(i) The name, mailing address, and telephone number of the owner.

(ii) The name, mailing address, and telephone number of the operator.

(iii) The name, mailing address, location, and telephone number of the recycle facility.

(iv) A description of the unit or units in which the lamps are managed on-site before recycling and a map that shows the location of the unit or units.

(b) Obtain an identification number for the facility from the director.

(d) The location standards under R 299.9603.

(e) The facility design and operating standards under R 299.9604.

(f) The handling requirements of R 299.9228(4)(a).

(g) Ensure that facility personnel are trained with respect to proper hazardous waste handling and preparedness and prevention procedures and are familiar with the facility emergency procedures.

(h) If there is a fire, explosion, or other release of hazardous waste or hazardous waste constituents that could threaten human health or the environment, or if the owner or operator has knowledge that a spill has reached surface water or groundwater, the owner or operator shall immediately notify the department's pollution emergency alerting system telephone number 800-292-4706, or the department's district office for the district in which the facility is located. The notification must include all the following information:

(i) The name and telephone number of the person that is reporting the incident.

(ii) The name, address, telephone number, and identification number of the facility.

(iii) The date, time, and type of incident.

(iv) The name and quantity of the material or materials involved and released.

(v) The extent of injuries, if any.

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

(vii) An assessment of actual or potential hazards to human health or the environment.

(viii) The immediate response action taken.

(i) The area where the lamps are accumulated must be protected, as appropriate for the type of waste being stored, from weather, fire, physical damage, and vandals.

(j) Accumulation must be conducted so that fugitive emissions are not in violation of part 55.

(k) A written operating record must be maintained onsite by the owner or operator and contain all the following information:

(i) The quantity of lamps received on-site during the calendar year.

(ii) The quantity of lamps recycled at the facility during the calendar year.

(iii) The documentation necessary to demonstrate that the lamps are not being stored onsite for more than 1 year.

(l) The closure standards of 40 CFR 264.111 and 264.114.

(m) R 299.9614 if the lamps are being stored in containers and R 299.9615 if the lamps are being stored in tanks.

(n) The lamps must not be stored on-site for more than 1 year from the date that the owner or operator receives the lamps.

(o) Any hazardous waste that is generated from the lamp recycle operation is subject to parts 2 to 7 of these rules.

(6) Hazardous waste that is exported or imported for recovery is subject to the requirements of R 299.9314.

(7) 40 CFR 264.11, 264.111, and 264.114, and part 265, subparts AA and BB, are adopted by reference in R 299.11003.

2013 AACS; 2017 AACS; 2020 AACS; 2025 AACS.

**History**
- *History: 1985 AACS; 1988 AACS; 1989 AACS; 1994 AACS; 1996 AACS; 1998 AACS; 2000 AACS;*

##### **Mich. Admin. Code R 299.9207** Residues of hazardous waste in empty containers {#sec-r-299.9207 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9207}

Rule 207. (1) Any hazardous waste that remains in either an empty container or an inner liner which is removed from an empty container, as explained in subrules (3), (4), and (5) of this rule, is not subject to regulation pursuant to the provisions of parts 3 to 10 of these rules.

(2) Any hazardous waste in either a container that is not empty or an inner liner which is removed from a container that is not empty, as explained in subrule (3), (4), or (5) of this rule, is subject to regulation pursuant to these rules.

(3) A container or an inner liner that is removed from a container that has held any hazardous waste, except for a waste that is a compressed gas, which is identified as an acute hazardous waste listed in table 203a or 205a of this part, or that is a severely toxic hazardous waste, is empty if both of the following conditions are met:

(a) All wastes have been removed that can be removed using the practices commonly employed to remove materials from that type of container, such as pouring, pumping, and aspirating.

(b) Not more than 2.5 centimeters, 1 inch, of residue remain on the bottom of the container or inner liner or either of the following conditions is met:

(i) Not more than 3% by weight of the total capacity of the container remains in the container or inner liner if the container is less than or equal to 119 gallons in size.

(ii) Not more than 0.3% by weight of the total capacity of the container remains in the container or inner liner if the container is more than 119 gallons in size.

(4) A container that has held a hazardous waste that is a compressed gas is empty when the pressure in the container approaches atmospheric.

(5) A container or an inner liner that is removed from a container which has held an acute hazardous waste that is listed in table 203a or 205a of this part or that is a severely toxic hazardous waste is empty if any of the following criteria are met:

(a) The container or inner liner has been triple rinsed using a solvent that is capable of removing the commercial chemical product or manufacturing chemical intermediate.

(b) The container or inner liner has been cleaned by another method that has been shown, in scientific literature or by tests conducted by the generator, to achieve equivalent removal.

(c) In the case of a container, the inner liner that prevented contact of the commercial chemical product or manufacturing chemical intermediate with the container has been removed.

(6) Containers of hazardous waste pharmaceuticals are subject to R 299.9830 for determining when they are considered empty, instead of this rule, except as provided in R 299.9830(4) and (5).

**History**
- *History: 1985 AACS; 1988 AACS; 1994 AACS; 2008 AACS; 2013 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 299.9208** Criteria for identifying characteristics of hazardous waste {#sec-r-299.9208 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9208}

Rule 208. (1) The director shall identify and define a characteristic of hazardous waste in this part on finding that the administrator has identified the characteristic based on the criteria contained in the provisions of 40 CFR 261.10.

(2) The director shall identify and define a characteristic of hazardous waste in this part in addition to those identified by the administrator in the provisions of 40 CFR part 261, subpart C, on determining that the waste that exhibits the characteristic does either of the following:

(a) Exhibits extreme toxicity to aquatic life.

(b) Contains a substance which can statistically be shown to cause acutely toxic; carcinogenic; teratogenic; hereditary mutagenic; or severe, debilitating, irreversible, adverse effects to mammals when exposed, by oral, dermal, or inhalation route, once or repeatedly to levels of 100 parts per billion or less.

(3) The provisions of 40 CFR 261.10 are adopted by reference in R 299.11003.

**History**
- *History: 1985 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 299.9209** Criteria and procedure for listing hazardous wastes {#sec-r-299.9209 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9209}

Rule 209. (1) The director shall list a waste as a hazardous waste in this part on finding that the administrator has listed the waste as hazardous based on the quantities of the waste generated at individual generation sites and the criteria contained in the provisions of 40 CFR 261.11.

(2) The director shall evaluate a waste for listing as a hazardous waste in this part, in addition to the wastes listed by the administrator in the provisions of 40 CFR part 261, subpart D, on determining that the waste meets any of the following criteria:

(a) The waste meets a characteristic identified in R 299.9208.

(b) The waste, or a material that could be a constituent of the waste, is hazardous pursuant to the provisions of section 11103 of the act, MCL 324.11103, but is not currently listed in this part.

(3) If information becomes available that indicates that a waste, or a material that may be a component of wastes, might meet any of the criteria of subrule (2) of this rule, the director shall do the following:

(a) Evaluate the characteristics of the waste or material to verify its hazards.

(b) If the waste is determined to have hazardous characteristics, initiate rule change procedures as outlined in act 306 that leads to the listing of the waste as hazardous. In addition, the director shall request the governor to petition the administrator to add the waste to the listings in the provisions of 40 CFR part 261 pursuant to the authority of section 3001(c) of RCRA, 42 USC 6921.

(4) As additional wastes are determined to be hazardous by the administrator and listed in the provisions of 40 CFR part 261, the director shall initiate rule change procedures as outlined in act 306 to incorporate the wastes into these rules.

(5) The basis for listing the classes or types of waste specified in this part must be designated by 1 or more of the following hazard codes:

(a) For ignitable waste, (I).

(b) For corrosive waste, (C).

(d) For toxicity characteristic waste, (E).

(e) For acute hazardous waste, (H).

(f) For toxic waste, (T).

(6) The constituents that were the basis for listing the waste as toxicity characteristic waste (E) or toxic waste (T) in R 299.9220 and R 299.9222 are identified in the provisions of 40 CFR part 261, appendix VII.

(7) The provisions of 40 CFR 261.11 and 40 CFR part 261, appendix VII, are adopted by reference in R 299.11003.

**History**
- *History: 1985 AACS; 1988 AACS; 1994 AACS; 1998 AACS; 2000 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 299.9210** Removal from hazardous waste listings {#sec-r-299.9210 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9210}

Rule 210. (1) A petition may be made to the director for removal from listing in this part of these rules any listed waste or hazardous waste constituent, except those determined by the administrator to be hazardous in the provisions of 40 CFR part 261. The petition must be accompanied by substantiating data and references taken from scientific literature that challenges the validity of the data that led to the waste or waste constituent listing. Data supplied must be reviewed and evaluated by the director. If the petition is granted, rule change procedures, as outlined in act 306, must be initiated for delisting of the waste or constituent. If the petition is not granted, the director shall inform the generator of the reasons why within 180 days after receipt of the petition.

(2) Pursuant to the provisions of 40 CFR 260.20 and 260.22, a petition may be made to the EPA to remove from listing those wastes or constituents listed in the provisions of 40 CFR part 261. When wastes are removed from the listing in the provisions of 40 CFR part 261 by the EPA, the director shall initiate rule change procedures, as outlined in section 11128 of the act, MCL 324.11128, to remove those wastes from the listing in R 299.9203.

**History**
- *History: 1985 AACS; 1988 AACS; 1998 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 299.9211** Petitions to exclude waste produced at a particular facility {#sec-r-299.9211 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9211}

Rule 211. (1) Any person seeking to exclude a waste at a particular generating facility from the lists in this part shall do the following:

(a) If the waste is listed in 40 CFR part 261, subpart D, contains a waste listed in 40 CFR part 261, subpart D, or is derived from a waste listed in 40 CFR part 261, subpart D and does not meet the criteria of paragraph (c) of this subrule, petition the administrator, under 40 CFR 260.20 and 260.22, to exclude the waste at a particular generating facility from the lists. If the petition is granted by the administrator, the director shall do both of the following:

(i) Within 60 days after the redesignation by the administrator, request any information necessary to evaluate the petition.

(ii) Within 180 days after receiving all information necessary to evaluate the petition, redesignate the waste and impose any conditions on the redesignation necessary to protect human health and the environment.

(b) If the waste is listed in this part, but not listed in the provisions of 40 CFR part 261, subpart D, petition the director to exclude the waste at the particular generating facility from the lists in the part. The petition must include that information specified by the provisions of CFR 260.22(i) and demonstrate that either the waste does not contain hazardous constituents or that the waste does contain hazardous constituents, but is not capable of posing a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of, or otherwise managed, considering the factors listed in the provisions of 40 CFR 261.11(a)(3). After receiving a petition for an exclusion, the director shall do both of the following:

(i) Within 60 days after receiving a petition for an exclusion, request any information necessary to evaluate the petition.

(ii) Within 180 days after receiving all information necessary to evaluate the petition, either approve the petition with any conditions necessary to protect human health and the environment or deny the petition.

(c) If the waste is treated, stored, or disposed of as part of closure or partial closure of a treatment, storage, or disposal facility or if the waste is contaminated soil determined hazardous under R 299.9203(1) or R 299.9214 due to its mixture with a hazardous waste, petition the director to exclude the waste at the particular facility from regulation under these rules. The petition must contain that information specified in 40 CFR 260.20(b) and 260.22. After receiving a complete petition under subrule (3) of this rule, the director shall do all the following:

(i) Make a tentative decision to grant or deny the petition based on the criteria specified in 40 CFR 260.22.

(ii) Public notice the tentative decision and provide 30 days for public comment.

(iii) After evaluating all public comments, make a final decision on the petition. The director shall grant the petition if the criteria specified in 40 CFR 260.22 are met.

(2) Noncompliance with any conditions imposed under subrule (1) of this rule or any change of constituents, physical state, conditions of the generating process, or other variation which would increase the hazardous characteristics of the waste is a basis for the director to amend or revoke the delisting under act 306.

(3) Wastes for which petitions are under consideration must be managed as required by these rules until a redesignation is granted.

(4) The provisions of 40 CFR 260.20, 260.22, 260.31, and 261.11(a)(3) are adopted by reference in R 299.11003, with the exception that the word "director" replaces the word "administrator."

**History**
- *History: 1985 AACS; 1988 AACS; 1989 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 299.9212** Characteristics of hazardous waste {#sec-r-299.9212 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9212}

Rule 212. (1) A waste exhibits the characteristic of ignitability and is identified by the hazardous waste number D001 if a representative sample of the waste has any of the following properties:

(a) It is a liquid, other than a solution that contains less than 24% alcohol by volume and not less than 50% water by weight, and has a flash point less than 60 degrees Centigrade, 140 degrees Fahrenheit, as determined by any of the following test methods:

(i) A Pensky-Martens- closed cup tester using the test methods specified in ASTM standards D9379, D93-80, or D8175-18 which are adopted by reference in R 299.11001.

(ii) A setaflash closed cup tester using the test method specified in ASTM standard D3278-78, which is adopted by reference in R 299.11001.

(iii) A small scale closed cup tester using the test method specified in ASTM standard D8174-18, which is adopted by reference in R 299.11001.

(iv) An equivalent test method approved by the director, or the director’s designee, pursuant to procedures in R 299.9215.

(b) It is not a liquid and is capable, under standard temperature and pressure, of causing fire through friction, absorption of moisture, or spontaneous chemical changes and, when ignited, burns so vigorously and persistently that it creates a hazard.

(d) It is an oxidizer as defined in 40 CFR 261.21(a)(4) and meets the specified criteria.

(2) A waste exhibits the characteristic of corrosivity and is identified by the hazardous waste number D002 if a representative sample of the waste has either of the following properties:

(a) It is aqueous and has a pH less than or equal to 2 or greater than or equal to 12.5, as determined by a pH meter using method 9040C in the publication entitled "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," which is adopted by reference in R 299.11005.

(b) It is a liquid and corrodes steel, SAE 1020, at a rate of more than 6.35 mm, 0.250 inch, per year at a test temperature of 55 degrees Centigrade, 130 degrees Fahrenheit, as determined by method 1110A in the publication entitled "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," which is adopted by reference in R 299.11005.

(3) A waste exhibits the characteristic of reactivity and is identified by the hazardous waste number D003 if a representative sample of the waste has any of the following properties:

(a) It is normally unstable and readily undergoes violent change without detonating.

(b) It reacts violently with water.

(d) When mixed with water, it generates toxic gases, vapors, or fumes in a quantity sufficient to present a danger to human health or the environment.

(e) It is a cyanide or sulfide-bearing waste that, when exposed to pH conditions between 2 and 12.5, can generate toxic gases, vapors, or fumes in a quantity sufficient to present a danger to human health or the environment.

(f) It is capable of detonation or explosive reaction if it is subjected to a strong initiating source or if heated under confinement.

(g) It is readily capable of detonation or explosive decomposition or reaction at standard temperature and pressure.

(h) It is a forbidden explosive, as that term is defined in 49 CFR 173.54, or it meets the definition of a Division 1.1, 1.2, or 1.3 explosive, as defined in 49 CFR 173.50 and 173.53, which are adopted by reference in R 299.11004.

(4) A waste, except manufactured gas plant waste, exhibits the toxicity characteristic if, using the toxicity characteristic leaching procedure, test Method 1311 in the publication entitled "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," which is adopted by reference in R 299.11005, the extract from a representative sample of the waste contains any of the contaminants listed by the administrator or the director and identified in table 201a of these rules at a concentration equal to or greater than the respective values given in the tables. If the waste contains less than 0.5% filterable solids, the waste itself, after filtering using the methodology outlined in Method 1311, is considered to be the extract under this rule.

(5) A waste exhibits the characteristic of severe toxicity if the waste contains 1 part per million or more of a severely toxic substance listed in table 202.

(6) A hazardous waste that is identified by a characteristic in this rule must be assigned every hazardous waste number that applies. The hazardous waste number or numbers must be used in complying with the notification, recordkeeping, and reporting requirements of these rules. The hazardous waste numbers are as follows:

(a) For wastes determined to be hazardous pursuant to subrules (4) and (5) of this rule, the hazardous waste number listed in table 201a or table 202 of these rules.

(b) For a waste that exhibits the characteristic of ignitability, the hazardous waste number D001.

(d) For a waste that exhibits the characteristic of reactivity, the hazardous waste number D003.

(7) For this rule, the director, or the director’s designee, shall consider a sample that is obtained using any of the applicable sampling methods specified in 40 CFR part 261, appendix I, which is adopted by reference in R 299.11003, to be a representative sample.

(8) The following test methods must be used:

(a) For aflatoxin, the test methods in subsection 26, natural poisons, of the publication entitled "Official Methods of Analysis of the Association of Official Analytical Chemists," 13th edition, 1980, which is adopted by reference in R 299.11006.

(b) For chlorinated dibenzo-p-dioxins and chlorinated dibenzofurans in chemical wastes, including still bottoms, filter aids, sludges, spent carbon, and reactor residues, and in soil, EPA method 8280B or 8290A in the publication entitled "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," which is adopted by reference in R 299.11005.

(9) The provisions of 40 CFR 261.21(a)(3) and (4) are adopted by reference in R 299.11003.

**History**
- *History: 1985 AACS; 1988 AACS; 1994 AACS; 1996 AACS; 1998 AACS; 2004 AACS;2008 AACS; 2013 AACS; 2017 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 299.9213** Lists of hazardous wastes from nonspecific and specific sources {#sec-r-299.9213 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9213}

Rule 213. (1) The following wastes are hazardous wastes unless excluded under R 299.9211:

(a) Wastes from nonspecific sources listed by the administrator and identified in table 203a of these rules.

(b) Wastes from specific sources listed by the administrator and identified in table 204a of these rules.

(2) Each hazardous waste that is listed in subrule (1) of this rule is assigned a hazardous waste number that precedes the name of the waste on the table in which it is listed. The number must be used in complying with the notification requirements and the recordkeeping and reporting requirements of these rules.

(3) The EPA hazardous waste numbers F020, F021, F022, F023, F026, and F027 are subject to the exclusion limits for acutely hazardous wastes established in R 299.9304.

(4) For the EPA hazardous waste numbers F037 and F038 listings, aggressive biological treatment units are defined as those units that employ 1 of the following 4 treatment methods:

(a) Activated sludge.

(b) Trickling filter.

(d) High-rate aeration. High-rate aeration is a system of surface impoundments or tanks in which intense mechanical aeration is used to completely mix the wastes and enhance biological activity. High-rate aeration systems must be composed of units that employ a minimum of 6 horsepower per million gallons of treatment volume and either the hydraulic retention time of the unit is no longer than 5 days, or the hydraulic retention time is no longer than 30 days and the unit does not generate a sludge that is hazardous waste by the toxicity characteristic.

(5) Generators and facility owners and operators shall demonstrate that their sludges are not subject to being listed as F037 or F038, or both, wastes under subrule (4) of this rule.

Generators and facility owners and operators shall maintain, in their operating or other on-site records, documents and data sufficient to demonstrate that the unit is an aggressive biological treatment unit as defined in subrule (4) of this rule and that the sludges sought to be exempted from the definitions of F037 or F038, or both, wastes were generated in the aggressive biological treatment unit.

(6) For the EPA hazardous waste number F037 listing, sludges are considered to be generated at the moment of deposition in the unit, where deposition is defined as at least a temporary cessation of lateral particle movement.

(7) For the EPA hazardous waste number F038 listing, sludges are considered to be generated at the moment of deposition in the unit, where deposition is defined as at least a temporary cessation of lateral particle movement, and floats are considered to be generated at the moment they are formed in the top of the unit.

**History**
- *History: 1985 AACS; 1988 AACS; 1994 AACS; 2013 AACS; 2020 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 299.9214** Discarded commercial chemical products, off-specification species, containers, container residues, and spill residues as hazardous wastes {#sec-r-299.9214 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9214}

Rule 214. (1) The following materials or items are hazardous wastes when they are discarded or intended to be discarded as described in R 299.9202(1)(a), when they are burned for energy recovery instead of their original intended use, when they are used to produce fuels instead of their intended use, when they are applied to the land instead of their intended use, or when they are contained in products that are applied to the land instead of their original intended use:

(a) Any commercial chemical product or manufacturing chemical intermediate having the generic name in tables 205a, 205b, and 205c of these rules.

(b) Any off-specification commercial chemical product or manufacturing intermediate that, if it met specifications, would have the generic name listed in tables 205a, 205b, and 205c of these rules.

(c) Any residue that remains in a container or in an inner liner which is removed from a container that has held any commercial chemical product or manufacturing chemical intermediate having the generic names listed in tables 205a, 205b, and 205c of these rules, unless the container is empty. Unless the residue is being beneficially used or reused; legitimately recycled or reclaimed; or accumulated, stored, transported, or treated before use, reuse, recycle, or reclamation, the department considers the residue to be intended for discard and, the residue is a hazardous waste.

(d) Any residue or contaminated soil, water, or other debris resulting from the cleanup of a spill into any water or on any land of any commercial chemical product, a manufacturing chemical intermediate having the generic name listed in tables 205a, 205b, and 205c of these rules, any residue or contaminated soil, water, or other debris resulting from the cleanup of a spill into any water or on any land of any off-specification chemical product, and manufacturing chemical intermediate that, if it met specifications, would have the generic name listed in tables 205a, 205b, and 205c of these rules.

(2) The commercial chemical products, manufacturing chemical intermediates, or off-specification commercial chemical products listed by the administrator and identified in table 205a are acutely hazardous wastes (H).

(3) The commercial chemical products, manufacturing chemical intermediates, or off-specification commercial chemical products listed by the administrator and identified in table 205b are toxic wastes (T).

(4) The commercial chemical products, manufacturing chemical intermediates, or off-specification commercial chemical products listed by the director and identified in table 205c are toxic wastes (T).

(5) As used in subrule (1) of this rule, the phrases "commercial chemical product,"

"manufacturing chemical intermediate," "off-specification commercial chemical product," and "manufacturing chemical intermediate" refer to materials that are manufactured or formulated for commercial or manufacturing use. The phrases do not refer to materials, such as manufacturing process wastes, that contain any of the substances listed in tables 205a, 205b, or 205c of these rules.

(6) Each hazardous waste listed in subrule (1) of this rule is assigned the hazardous waste number in tables 205a, 205b, or 205c of these rules that corresponds to the constituent that caused the waste to be hazardous. With regard to a mixture of hazardous wastes, a number must be assigned in the following priority order based on the wastes or constituents present:

(a) Acutely hazardous, from table 205a.

(b) Toxic, from table 205b.

(7) If the constituents identified in subrule (6) of this rule are listed in the same table, the hazardous waste number assigned must correspond to the constituents present in the greatest amount on a weight basis.

**History**
- *History: 1985 AACS; 1988 AACS; 1989 AACS; 1991 AACS; 1996 AACS; 2020 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 299.9215** Petitions for equivalent testing or analytical methods {#sec-r-299.9215 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9215}

Rule 215. (1) Any person seeking to add a testing or analytical method to these rules may petition the director for a rule change under this rule. To be successful, the person shall demonstrate, to the satisfaction of the director, that the proposed method is equal to or superior to the corresponding method prescribed in the provisions of 40 CFR part 261, 264, or 265 in terms of its sensitivity, accuracy, and precision.

(2) Each petition under this rule must contain that information required by the provisions of 40 CFR 260.20(b) and 260.21(b).

(3) After receiving a petition for an equivalent method, the director, or the director’s designee, shall within 120 days after receiving the petition, request any additional information on the proposed method which they may reasonably require to evaluate the method. If the petition is granted, the director shall initiate rule change procedures under act 306.

(4) The provisions of 40 CFR 260.20(b) and 260.21(b) are adopted by reference in R 299.11003.

**History**
- *History: 1985 AACS; 1988 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 299.9216** Method of analysis {#sec-r-299.9216 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9216}

Rule 216. (1) The method of analysis specified in the provisions of 40 CFR part 261, appendix I must be used to identify the hazardous constituents listed 40 CFR part 261, appendices VII and VIII. Alternate methods of analysis may be used if approved by the director.

(2) The provisions of 40 CFR part 261, appendices I, VII, and VIII are adopted by reference in R 299.11003.

**History**
- *History: 1985 AACS; 1988 AACS; 2013 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 299.9217** Table 201a {#sec-r-299.9217 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9217}

Rule 217. Table 201a reads as follows:

TABLE 201a EPA Hazardous Waste Number Chemical Abstract Services Number Material Extract Concentration milligrams per liter D004 440-38-2 Arsenic 5.0 D005 7440-39-3 Barium 100.0 D018 71-43-2 Benzene 0.5 D006 7440-43-9 Cadmium 1.0 D019 56-23-5 Carbon tetrachloride 0.5 D020 57-74-9 Chlordane 0.03 D021 108-90-7 Chlorobenzene 100.0 D022 67-66-3 Chloroform 6.0 D007 7440-47-3 Chromium 5.0 D023 95-48-7 o-Cresol 200.0** TABLE 201a EPA Hazardous Waste Number Chemical Abstract Services Number Material Extract Concentration milligrams per liter D024 108-39-4 m-Cresol 200.0** D025 106-44-5 p-Cresol 200.0** D026 -------- Cresol 200.0** D016 94-75-7 2,4-D (2,4-Dichlorophenoxyacetic Acid) 10.0 D027 106-46-7 1,4-Dichlorobenzene 7.5 D028 107-06-2 1,2-Dichloroethane 0.5 D029 75-35-4 1,1-Dichloroethylene 0.7 D030 121-14-2 2,4-Dinitrotoluene 0.13* D012 72-20-8 Endrin (1,2,3,4,10,10-hexachloro-1,7-Epoxy- 1,4,4a,5,6,7,8,8a octahydro-1,4-endo, endo-5,8dimenthano naphthalene) 0.02 D031 76-44-8 Heptachlor (and its Epoxide) 0.008 D032 118-74-1 Hexachlorobenzene 0.13* D033 87-68-3 Hexachlorobutadiene 0.5 D034 67-72-1 Hexachloroethane 3.0 D008 7439-92-1 Lead 5.0 D013 58-89-9 Lindane (1,2,3,4,5,6-hexa-chlorocyclo-hexane, gamma isomer) 0.4 D009 7439-97-6 Mercury 0.2 D014 72-43-5 Methoxychlor (1,1,1-trichloro-2,2-bis(pmethoxyphenyl) ethane) 10.0 D035 78-93-3 Methyl ethyl ketone 200.0 D036 98-95-3 Nitrobenzene 2.0 D037 87-86-5 Pentachlorophenol 100.0 D038 110-86-1 Pyridine 5.0* D010 7782-49-2 Selenium 1.0 D011 7440-22-4 Silver 5.0 D039 127-18-4 Tetrachloroethylene 0.7 D015 8001-35-2 Toxaphene (C H C1 , Technical chlorinated camphene, 67-69% chlorine) 0.5 D040 79-01-6 Trichloroethylene 0.5 D041 95-95-4 2,4,5-Trichlorophenol 400.0 D042 88-06-2 2,4,6-Trichlorophenol 2.0 D017 93-72-1 2,4,5-TP Silvex (2,4,5-Trichlorophenoxypropionic acid) 1.0 D043 75-01-4 Vinyl chloride 0.2 * Quantitation limit is greater than the calculated regulatory level. The quantitation limit then becomes the regulatory level. **If o-, m-, and p-Cresol concentrations cannot be differentiated, the total cresol (D026) concentration is used. The regulatory level of total cresol is 200 milligrams per liter.

**History**
- *History: 1985 AACS; 1988 AACS; 1994 AACS; 2017 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 299.9218** Rescinded {#sec-r-299.9218 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9218}

**History**
- *History: 1985 AACS; 1988 AACS; 1998 AACS.*

##### **Mich. Admin. Code R 299.9219** Table 202 {#sec-r-299.9219 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9219}

Rule 219. Table 202 reads as follows:

TABLE 202

Michigan Hazardous Waste Number Substance 001S Aflatoxin 002S 2,3,7,8-Tetrachlorodibenzo-p-dioxin 003S 1,2,3,7,8-Pentachlorodibenzo-p-dioxin 004S 1,2,3,4,7,8-Hexachlorodibenzo-p-dioxin 005S 1,2,3,6,7,8-Hexachlorodibenzo-p-dioxin 006S 1,2,3,7,8,9-Hexachlorodibenzo-p-dioxin 007S 2,3,7,8-Tetrachloridibenzo furan

**History**
- *History: 1985 AACS; 1988 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 299.9220** Table 203a; hazardous waste from nonspecific sources {#sec-r-299.9220 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9220}

Rule 220. Table 203a reads as follows:

TABLE 203a EPA Hazardous Waste Number Hazardous Waste from Nonspecific Sources Hazard Code F001 The following spent halogenated solvents used in degreasing: tetrachloroethylene, trichloroethylene, methylene chloride, 1,1,1-trichloroethane, carbon tetrachloride, and chlorinated fluorocarbons; all spent solvent mixtures and blends used in degreasing containing, before use, a total of 10% or more, by volume, of 1 or more of the above halogenated solvents or those solvents listed in F002, F004, and F005; and still bottoms from the recovery of these spent solvents and spent solvent mixtures.

(T)

F002

The following spent halogenated solvents: tetrachloroethylene, (T)

TABLE 203a EPA Hazardous Waste Number Hazardous Waste from Nonspecific Sources Hazard Code methylene chloride, trichloroethylene, 1,1,1-trichloroethane, chlorobenzene, 1,1,2trichloro1,2,2trifluoroethane, orthodichlorobenzene, trichlorofluoromethane and 1,1,2 trichloroethane; all spent solvent mixtures and blends containing, before use, a total of 10% or more, by volume, of 1 or more of the above halogenated solvents or those solvents listed in F001, F004, and F005; and still bottoms from the recovery of these spent solvents and spent solvent mixtures.

F003

The following spent nonhalogenated solvents: xylene, acetone, ethyl acetate, ethyl benzene, ethyl ether, methyl isobutyl ketone, n-butyl alcohol, cyclohexanone, and methanol; all spent solvent mixtures and blends containing, before use, only the above spent nonhalogenated solvents; and all spent solvent mixtures or blends, containing before use, one or more of the above nonhalogenated solvents, and a total of 10% or more, by volume, of 1 or more of those solvents listed in F001, F002, F004, and F005 and still bottoms from the recovery of these spent solvents and spent solvent mixtures.

(I)

F004

The following spent nonhalogenated solvents: cresols and cresylic acid, and nitrobenzene; all spent solvent mixtures and blends containing, before use, a total of 10% or more, by volume, of 1 or more of the above nonhalogenated solvents or those solvents listed in F001, F002, and F005; and still bottoms from the recovery of these spent solvents and spent solvent mixtures.

(T)

F005 The following spent nonhalogenated solvents: toluene, methyl ethyl ketone, carbon disulfide, isobutanol, pyridine, benzene, 2-ethoxyethanol, and 2nitropropane; all spent solvent mixtures and blends containing, before use, a total of 10% or more, by volume, of 1 or more of the above nonhalogenated solvents or those solvents listed in F001, F002 and F004; and still bottoms from the recovery of these spent solvents and spent solvent mixtures.

(I, T)

F006

Wastewater treatment sludges from electroplating operations except from the following processes: (1) sulfuric acid anodizing of aluminum; (2) tin plating on carbon steel; (3) zinc plating used on a segregated basis on carbon steel; (4) aluminum or zinc-aluminum plating on carbon steel; (5) cleaning or stripping associated with tin, zinc, and aluminum plating on carbon steel; and (6) chemical etching and milling of aluminum.

(T)

F007 Spent cyanide plating bath solutions from electroplating (R, T)

TABLE 203a EPA Hazardous Waste Number Hazardous Waste from Nonspecific Sources Hazard Code operations.

F008

Plating sludges from the bottom of plating baths from electroplating operations where cyanides are used in the process.

(R, T)

F009

Spent stripping and cleaning bath solutions from electroplating operations where cyanides are used in the process.

(R, T)

F010

Quenching bath residues from oil baths from metal heat treating operations where cyanides are used in the process.

(R, T)

F011

Spent cyanide solutions from salt bath pot cleaning from metal heat-treating operations.

(R, T)

F012

Quenching wastewater treatment sludges from metal heat-treating operations where cyanides are used in the process.

(T)

F019

Wastewater treatment sludges from the chemical conversion coating of aluminum except from zirconium phosphating in aluminum can washing when the phosphating is an exclusive conversion coating process. Wastewater treatment sludges from the manufacturing of motor vehicles using a zinc phosphating process will not be subject to this listing at the point of generation if both of the following requirements are met: (1) the wastes are not placed outside on the land before shipment to a landfill for disposal and are either disposed of in a solid waste landfill unit that is permitted or licensed under part 115; disposed in a hazardous waste landfill meeting the requirements of the act and these rules; or, if out-of-state, disposed of in a RCRA, Subtitle D, 42 USC 6941 to 6949a, municipal or industrial landfill unit that is equipped with a single clay liner and is permitted, licensed, or otherwise authorized by the receiving state; or disposed of in a landfill subject to, or otherwise meeting, the requirements of 40 CFR 258.40, 264.301, or 265.301, and (2) the generator maintains records to prove that the exempted sludges meet the conditions of the listing, including: the volume of waste generated and disposed off-site; the date the waste was generated, the date the waste was sent off-site, the name and address of receiving facility, and documentation confirming receipt. For this listing, motor vehicle manufacturing means the engagement in the manufacture of complete automobiles and light trucks/utility vehicles or chassis only.

(T)

F020

Wastes, except wastewater and spent carbon from hydrogen chloride purification, from the production or manufacturing use as a reactant, chemical intermediate, or component in a (H)

TABLE 203a EPA Hazardous Waste Number Hazardous Waste from Nonspecific Sources Hazard Code formulating process, of tri or tetrachlorophenol or of intermediates used to produce their pesticide derivatives. This listing does not include wastes from the production of hexachlorophene from highly purified 2,4,5trichlorophenol.

F021

Wastes, except wastewater and spent carbon from hydrogen chloride purification, from the production or manufacturing use as a reactant, chemical intermediate, or component in a formulating process of pentachlorophenol or of intermediates used to produce its derivatives.

(H)

F022

Wastes, except wastewater and spent carbon from hydrogen chloride purification, from the manufacturing use as a reactant, chemical intermediate, or component in a formulating process of tetra, penta, or hexachlorobenzenes under alkaline conditions.

(H)

F023

Wastes, except wastewater and spent carbon from hydrogen chloride purification, from the production of materials on equipment previously used for the production or manufacturing use as a reactant, chemical intermediate, or component in a formulating process of tri and tetrachlorophenols. This listing does not include wastes from equipment used only for the production or use of hexachlorophene from highly purified 2,4,5trichlorophenol.

(H)

F024

Process wastes, including, but not limited to, distillation residues, heavy ends, tars, and reactor cleanout wastes from the production of certain chlorinated aliphatic hydrocarbons by free radical catalyzed processes. These chlorinated aliphatic hydrocarbons are those having carbon chain lengths ranging from 1 to 5, with varying amounts and positions of chlorine substitutions. This listing does not include wastewater, wastewater treatment sludges, spent catalysts, and wastes listed in R 299.9213(1)(a) or R 299.9214(1)(a).

(T)

F025

Condensed light ends, spent filters and filter acids, and spent desiccant wastes from the production of certain chlorinated aliphatic hydrocarbons, by free radical catalyzed processes.

These chlorinated aliphatic hydrocarbons are those having carbon chain lengths ranging from 1 to 5, with varying amounts and positions of chlorine substitution.

(T)

F026

Wastes, except wastewater and spent carbon from hydrogen chloride purification, from the production of materials on equipment previously used for the manufacturing use as a reactant, chemical intermediate, or component in a formulating (H)

TABLE 203a EPA Hazardous Waste Number Hazardous Waste from Nonspecific Sources Hazard Code process of tetra, penta, or hexachlorobenzene under alkaline conditions.

F027 Discarded unused formulations containing tri, tetra, or pentachlorophenol or discarded unused formulation containing compounds derived from these chlorophenols. This listing does not include formulations containing hexachlorophene synthesized from prepurified 2,4,5trichlorophenol as the sole component.

(H)

F028

Residues resulting from the incineration or thermal treatment of soil contaminated with EPA hazardous waste numbers F020, F021, F022, F023, F026, and F027.

(T)

F032

Wastewaters, except for those that have not come into contact with process contaminants; process residuals; preservative drippage; and spent formulations from wood preserving processes generated at plants that currently use or have previously used chlorophenolic formulations, except potentially cross-contaminated wastes that have had the F032 hazardous waste number deleted pursuant to 40 CFR 261.35 or potentially cross-contaminated wastes that are otherwise currently regulated as F034 or F035, and where the generator does not resume or initiate the use of chlorophenolic formulations. This listing does not include K001 bottom sediment sludge from the treatment of wastewater from wood preserving processes that use creosote or pentachlorophenol, or both.

(T)

F034

This listing does not include K001 bottom sediment sludge from the treatment of wastewater from wood preserving processes that use creosote or pentachlorophenol, or both.

(T)

F035

Wastewaters, except for those that have not come into contact with process contaminants; process residuals; preservative drippage; and spent formulations from wood preserving processes generated at plants that use inorganic preservatives containing arsenic or chromium. This listing does not include K001 bottom sediment sludge from the treatment of wastewater from wood preserving processes that use creosote or pentachlorophenol, or both.

(T)

TABLE 203a EPA Hazardous Waste Number Hazardous Waste from Nonspecific Sources Hazard Code F037 Petroleum refinery primary oil/water/solids (oil and/or water and/or solids) separation sludge, any. sludge generated from the gravitational separation of oil/water/solids during the storage or treatment of process wastewaters and oily cooling wastewaters from petroleum refineries. These sludges include, but are not limited to, those generated in oil/water/solids separators; tanks and impoundments; ditches and other conveyances; sumps; and stormwater units receiving dry weather flow. Sludges generated in stormwater units that do not receive dry weather flow, sludges generated from noncontact once-through cooling waters segregated for treatment from other process or oily cooling waters, sludges generated in aggressive biological treatment units as defined in R 299.9213(4), including sludges generated in 1 or more additional units after wastewaters have been treated in aggressive biological treatment units, and K051 wastes are not included in this listing. This listing does include residuals generated from processing or recycling oil-bearing hazardous secondary materials excluded under R 299.204(1)(l) if those residuals are being disposed.

(T)

F038

Petroleum refinery secondary (emulsified) oil/water/solids (oil and/or water and/or solids) separation sludge-any sludge or float generated from the physical or chemical separation of oil/water/solids in process wastewaters and oily cooling wastewaters from petroleum refineries. These wastes include, but are not limited to, all sludges and floats generated in induced air flotation (IAF) units and tanks and impoundments, and all sludges generated in DAF units. Sludges generated in stormwater units that do not receive dry weather flow; sludges generated from non-contact once-through cooling waters segregated for treatment from other process or oily cooling waters; sludges and floats generated in aggressive biological treatment units as defined in R 299.9213(4), including sludges and floats generated in 1 or more additional units after wastewaters have been treated in aggressive biological treatment units; and F037, K048, and K051 wastes are not included in this listing.

(T)

F039

Leachate resulting from the treatment, storage, or disposal of wastes classified by more than 1 hazardous waste number pursuant to R 299.9213 and R 299.9214 or from a mixture of wastes classified pursuant to R 299.9213 and R 299.9214.

Leachate resulting from the management of 1 or more of the (T)

TABLE 203a EPA Hazardous Waste Number Hazardous Waste from Nonspecific Sources Hazard Code following hazardous wastes, and no other hazardous wastes, retains its original hazardous waste number or numbers: F020, F021, F022, F023, F026, F027, or F028.

2017 AACS; 2025 AACS.

Editor's Note: An obvious error in R 299.9220 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Michigan Register, 2025 MR 8. The memorandum requesting the correction was published in Michigan Register, 2025 MR 13.

**History**
- *History: 1985 AACS; 1988 AACS; 1994 AACS; 1998 AACS; 2000 AACS; 2004 AACS; 2013 AACS;*

##### **Mich. Admin. Code R 299.9221** Rescinded {#sec-r-299.9221 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9221}

**History**
- *History: 1985 AACS; 1988 AACS; 2013 AACS.*

##### **Mich. Admin. Code R 299.9222** Table 204a; hazardous wastes from specific sources {#sec-r-299.9222 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9222}

Rule 222. Table 204a reads as follows:

TABLE 204a Industry EPA Hazardous Waste Number Hazardous Waste from Specific Sources Hazard Code Wood Preservation K001 Bottom sediment sludge from the treatment of wastewaters from wood-preserving processes that use creosote or pentachlorophenol, or both compounds (T)

Inorganic Pigments K002 Wastewater treatment sludge from the production of chrome yellow and orange pigments (T)

K003 Wastewater treatment sludge from the production of molybdate orange pigments (T)

K004 Wastewater treatment sludge from the production of zinc yellow pigments (T)

K005 Wastewater treatment sludge from the production of chrome green pigments (T)

K006 Wastewater treatment sludge from the production of chrome oxide green pigments, anhydrous and hydrated forms (T)

TABLE 204a Industry EPA Hazardous Waste Number Hazardous Waste from Specific Sources Hazard Code K007 Wastewater treatment sludge from the production of iron blue pigments (T)

K008 Oven residue from the production of chrome oxide green pigments (T)

Organic Chemicals K009 Distillation bottoms from the production of chemicals acetaldehyde from ethylene (T)

K010 Distillation side cuts from the production of acetaldehyde from ethylene (T)

K011 Bottom stream from the wastewater stripper in the production of acrylonitrile (R,T)

K013 Bottom stream from the acetonitrile column in the production of acrylonitrile (R,T)

K014 Bottoms from the acetonitrile purification column in the production of acrylonitrile (T)

K015 Still bottoms from the distillation of benzyl chloride (T)

K016 Heavy ends or distillation residues from the production of carbon tetrachloride (T)

K017 Heavy ends or still bottoms from the purification column in the production of epichlorohydrin (T)

K018 Heavy ends from the fractionation column in ethyl chloride production (T)

K019 Heavy ends from the distillation of ethylene dichloride in ethylene dichloride production (T)

K020 Heavy ends from the distillation of vinyl chloride in vinyl chloride monomer production (T)

K021 Aqueous spent antimony catalyst waste from fluoromethanes production (T)

K022 Distillation bottom tars from the production of phenol or acetone from cumene (T)

K023 Distillation light ends from the production of phthalic anhydride from naphthalene (T)

K024 Distillation bottoms from the production of phthalic anhydride from naphthalene (T)

K025 Distillation bottoms from the production of nitrobenzene by the nitration of benzene (T)

K026 Stripping still tails from the production of methyl ethyl pyridines (T)

K027 Centrifuge and distillation residues from toluene diisocyanate production (R,T)

TABLE 204a Industry EPA Hazardous Waste Number Hazardous Waste from Specific Sources Hazard Code K028 Spent catalyst from the hydrochlorinator reactor in the production of 1,1,1-trichloroethane (T)

K029 Waste from the product steam stripper in the production of 1,1,1-trichloroethane (T)

K030 Column bottoms or heavy ends from the combined production of trichloroethylene and perchloroethylene (T)

K083 Distillation bottoms from aniline production (T)

K085 Distillation of fractionation column bottoms from the production of chlorobenzenes (T)

K093 Distillation light ends from the production of phthalic anhydride from ortho-xylene (T)

K094 Distillation bottoms from the production of phthalic anhydride from ortho-xylene (T)

K095 Distillation bottoms from the production of 1,1,1-trichloroethane (T)

K096 Heavy ends from the heavy ends column from the production of 1,1,1-trichloroethane (T)

K103 Process residues from aniline extraction from the production of aniline (T)

K104 Combined wastewater streams generated from nitrobenzene or aniline production (T)

K105 Separated aqueous stream from the reactor product washing step in the production of chlorobenzenes (T)

K107 Column bottoms from product separation from the production of 1,1-dimethylhydrazine (UDMH) from carboxylic acid hydrazides (C,T)

K108 Condensed column overheads from product separation and condensed reactor vent gases from the production of 1,1-dimethylhydrazine (UDMH) from carboxylic acid hydrazides (I,T)

K109 Spent filter cartridges from product purification from the production of 1,1-dimethylhydrazine (UDMH) from carboxylic acid hydrazides (T)

K110 Condensed column overheads from intermediate separation from the production of 1,1dimethylhydrazine (UDMH) from carboxylic acid hydrazides (T)

K111 Product washwaters from the production of dinitrotoluene via nitration of toluene (C,T)

TABLE 204a Industry EPA Hazardous Waste Number Hazardous Waste from Specific Sources Hazard Code K112 Reaction by-product water from the drying column in the production of toluenediamine via hydrogenation of dinitrotoluene (T)

K113 Condensed liquid light ends from the purification of toluenediamine in the production of toluenediamine via hydrogenation of dinitrotoluene (T)

K114 Vicinals from the purification of toluenediamine in the production of toluenediamine via hydrogenation of dinitrotoluene (T)

K115 Heavy ends from the purification of toluenediamine in the production of toluenediamine via hydrogenation of dinitrotoluene (T)

K116 Organic condensate from the solvent recovery column in the production of toluene diisocyanate via phosgenation of toluenediamine (T)

K117 Wastewater from the reactor vent gas scrubber in the production of ethylene dibromide via bromination of ethane (T)

K118 Spent adsorbent solids from purification of ethylene dibromide in the production of ethylene dibromide via bromination of ethene (T)

K136 Still bottoms from the purification of ethylene dibromide in the production of ethylene dibromide via bromination of ethene (T)

K149 Distillation bottoms from the production of alpha- or methyl- chlorinated toluenes, ringchlorinated toluenes, benzoyl chlorides, and compounds with mixtures of these functional groups. This waste does not include still bottoms from the distillation of benzyl chloride.

(T)

K150 Organic residuals, excluding spent carbon adsorbent, from the spent chlorine gas and hydrochloric acid recovery processes associated with the production of alpha or methylchlorinated toluenes, ring-chlorinated toluenes, benzoyl chlorides, and compounds with mixtures of these functional groups (T)

K151 Wastewater treatment sludges, excluding neutralization and biological sludges, generated (T)

TABLE 204a Industry EPA Hazardous Waste Number Hazardous Waste from Specific Sources Hazard Code during the treatment of wastewaters from the production of alpha or methyl- chlorinated toluenes, ring-chlorinated toluenes, benzoyl chlorides, and compounds with mixtures of these functional groups K156 Organic waste, including heavy ends, still bottoms, light ends, spent solvents, filtrates, and decantates, from the production of carbamates and carbamoyl oximes. This listing does not apply to wastes generated from the manufacture of 3-iodo- 2-propynyl n-butylcarbamate.

(T)

K157 Wastewaters, including scrubber waters, condenser waters, washwaters, and separation waters, from the production of carbamates and carbamoyl oximes. This listing does not apply to wastes generated from the manufacture of 3-iodo-2-propynyl n-butylcarbamate.

(T)

K158 Baghouse dusts and filter/separation solids from the production of carbamates and carbamoyl oximes. This listing does not apply to wastes generated from the manufacture of 3-iodo-2propynyl n-butylcarbamate.

(T)

K159 Organics from the treatment of thiocarbamate wastes (T)

K161 Purification solids, including filtration, evaporation, and centrifugation solids, bag house dust, and floor sweepings from the production of dithiocarbamates acids and their salts. This listing does not include K125 or K126.

(R,T)

K174

Wastewater treatment sludges from the production of ethylene dichloride or vinyl chloride monomer, including sludges that result from commingled ethylene dichloride or vinyl chloride monomer wastewater and other wastewater, unless the sludges meet the following conditions: (1) they are disposed of in a hazardous waste landfill or a nonhazardous waste landfill licensed or permitted by the state or federal government, (2) they are not otherwise placed on the land before final disposal, and (3) the generator maintains documentation demonstrating that the waste was either disposed (T)

TABLE 204a Industry EPA Hazardous Waste Number Hazardous Waste from Specific Sources Hazard Code of in an on-site landfill or consigned to a transporter or disposal facility that provided a written commitment to dispose of the waste in an off-site landfill. Respondents in any action brought to enforce the requirements of RCRA or part 111 shall, on a showing by the government that the respondent managed wastewater treatment sludges from the production of vinyl chloride monomer or ethylene dichloride, demonstrate that they meet the terms of the exclusion set forth in these rules. In doing so, the respondent shall provide appropriate documentation, such as contracts between the generator and the landfill owner or operator or invoices documenting delivery of the waste to the landfill, that the terms of the exclusion were met.

K175

Wastewater treatment sludges from the production of vinyl chloride monomer using mercuric chloride catalyst in an acetylene-based process (T)

K181

Nonwastewaters from the production of dyes or pigments, including nonwastewaters commingled at the point of generation with nonwastewaters from other processes, that, at the point of generation, contain mass loadings of any of the K181 listing constituents identified in 40 CFR 261.32(c) that are equal to or greater than the listing levels identified in 40 CFR 261.32(c), as determined on a calendar year basis. These wastes must not be considered hazardous if the nonwastewaters are managed in compliance with the requirements for this listing as outlined in of 40 CFR 261.32(a). For this listing, dyes or pigments production is defined to include manufacture of the following product classes: dyes, pigments, or FDA-certified colors that are classified as azo, triarylmethane, perylene, or anthraquinone classes. Azo products include azo, monoazo, diazo, triazo, polyazo, azoic, benzidine, and pyrazolone products. Triarylmethane products include both triarylmethane and (T)

TABLE 204a Industry EPA Hazardous Waste Number Hazardous Waste from Specific Sources Hazard Code triphenylmethane products. Wastes that are not generated at a dyes or pigments manufacturing site, such as wastes from the offsite use, formulation, and packaging of dyes or pigments, are not included in this listing. The process for demonstrating that a facility's nonwastewaters are not K181 is contained in 40 CFR 261.32(d). This K181 listing does not apply to wastes that are otherwise identified as hazardous waste under R 299.9212, R 299.9217, R 299.9220, R 299.9222, R 299.9224, or R 299.9225 at the point of generation. Also, the listing does not apply to the wastes generated before any annual mass loading limit is met.

Inorganic Chemicals K071 Brine purification muds from the mercury cell process in chlorine production, where separately pre-purified brine is not used (T)

K073 Chlorinated hydrocarbon wastes from the purification step of the diaphragm cell process using graphite anodes in chlorine production (T)

K106 Wastewater treatment sludge from the mercury cell process in chlorine production (T)

K176 Baghouse filters from the production of antimony oxide, including filters from the production of intermediates (E)

K177 Slag from the production of antimony oxide that is speculatively accumulated or disposed, including slag from the production of intermediates (T)

K178 Residues from manufacturing and manufacturingsite storage of ferric chloride from acids formed during the production of titanium dioxide using the chloride-ilmenite process (T)

Pesticides K031 By-product salts generated in the production of MSMA and cacodylic acid (T)

K032 Wastewater treatment sludge from the production of chlordane (T)

K033 Wastewater and scrub water from the chlorination of cyclopentadiene in the production of chlordane (T)

K034 Filter solids from the filtration of hexachlorocyclopentadiene in the production of (T)

TABLE 204a Industry EPA Hazardous Waste Number Hazardous Waste from Specific Sources Hazard Code chlordane K035 Wastewater treatment sludges generated in the production of creosote (T)

K036 Still bottoms from toluene reclamation distillation in the production of disulfoton (T)

K037 Wastewater treatment sludges from the production of disulfoton (T)

K038 Wastewater from the washing and stripping of phorate production (T)

K039 Filter cake from the filtration of diethylphosphorodithioic acid in the production of phorate (T)

K040 Wastewater treatment sludge from the production of phorate (T)

K041 Wastewater treatment sludge from the production of toxaphene (T)

K042 Heavy ends of distillation residues from the distillation of tetrachlorobenzene in the production of 2,4,5-T (T)

K043 2,6-Dichlorophenol waste from the production of 2,4-D (T)

K097 Vacuum stripper discharge from the chlordane chlorinator in the production of chlordane (T)

K098 Untreated process wastewater from the production of toxaphene (T)

K099 Untreated wastewater from the production of 2,4-D (T)

K123 Process wastewater, including supernates, filtrates, and washwaters, from the production of ethylenebisdithiocarbamic acid and its salt (T)

K124 Reactor vent scrubber water from the production of ethylenebisdithiocarbamic acid and its salt (C,T)

K125 Filtration, evaporation, and centrifugation solids from the production of ethylenebisdithiocarbamic acid and its salt (T)

K126 Baghouse dust and floor sweepings in milling and packaging operations from the production or formulation of ethylenebisdithiocarbamic acid and its salts (T)

K131 Wastewater from the reactor and spent sulfuric (C,T)

TABLE 204a Industry EPA Hazardous Waste Number Hazardous Waste from Specific Sources Hazard Code acid from the acid dryer from the production of methyl bromide K132 Spent absorbent and wastewater separator solids from the production of methyl bromide (T)

Explosives K044 Wastewater treatment sludges from the manufacturing and processing of explosives (I)

K045 Spent carbon from the treatment of wastewater containing explosives (I)

K046 Wastewater treatment sludges from the manufacturing, formulation, and loading of leadbased initiating compounds (T)

K047 Pink or red water from TNT operations (I)

Petroleum Refining K048 Dissolved air floatation, DAF, float from the petroleum refining industry (T)

K049 Slop oil emulsion solids from the petroleum refining industry (T)

K050 Heat exchanger bundle cleaning sludge from the petroleum refining industry (T)

K051 API separator sludge from the petroleum refining industry (T)

K052 Tank bottoms, leaded, from the petroleum refining industry (T)

K169 Crude oil storage tank sediment from petroleum refining operations (T)

K170 Clarified slurry oil tank sediment or in-line filter/separation solids from petroleum refining operations, or both (T)

K171 Spent hydrotreating catalyst from petroleum refining operations, including guard beds used to desulfurize feeds to other catalytic reactors. This listing does not include inert support media.

(I, T)

K172 Spent hydrorefining catalyst from petroleum refining operations, including guard beds used to desulfurize feeds to other catalytic reactors. This listing does not include inert support media.

(I, T)

Iron and Steel K061 Emission control dust or sludge from the primary production of steel in electric furnaces (T)

K062 Spent pickle liquor generated by steel finishing operations of facilities within the iron and steel industry (C,T)

TABLE 204a Industry EPA Hazardous Waste Number Hazardous Waste from Specific Sources Hazard Code Primary Aluminum K088 Spent potliners from primary aluminum reduction (T)

Secondary Lead K069 Emission control dust or sludge from secondary lead smelting. This listing is stayed administratively for sludge generated from secondary acid scrubber systems. The stay remains effective until further action is taken by the EPA and notice published in the Federal Register.

(T)

K100 Waste leaching solution from acid leaching of emission control dust sludge from secondary lead smelting (T)

Veterinary Pharmaceuticals K084 Wastewater treatment sludges generated during the production of veterinary pharmaceuticals from arsenic or organo-arsenic compounds (T)

K101 Distillation tar residues from the distillation of aniline-based compounds in the production of veterinary pharmaceuticals from arsenic or organo-arsenic compounds (T)

K102 Residue from the use of activated carbon for decolorization in the production of veterinary pharmaceuticals from arsenic or organo-arsenic compounds (T)

Ink Formulation K086 Solvent washes and sludges, caustic washes and sludges, or water washes and sludges from cleaning tubs and equipment used in the formulation of ink from pigments, driers, soaps, and stabilizers containing chromium and lead (T)

Coking K060 Ammonia still lime sludge from coking operations (T)

K087 Decanter tank tar sludge from coking operations (T)

K141 Process residues from the recovery of coal tar, including, but not limited to, collecting sump residues from the production of coke from coal or the recovery of coke by-products produced from coal. This listing does not include K087.

(T)

K142 Tar storage tank residues from the production of coke from coal or from the recovery of coke by-products produced from coal (T)

K143 Process residues from the recovery of light oil, including, but not limited to, those generated in (T)

TABLE 204a Industry EPA Hazardous Waste Number Hazardous Waste from Specific Sources Hazard Code stills, decanters, and wash oil recovery units from the recovery of coke by-products produced from coal K144 Wastewater sump residues from light oil refining, including, but not limited to, intercepting or contamination sump sludges from the recovery of coke by-products produced from coal (T)

K145 Residues from naphthalene collection and recovery operations from the recovery of coke by-products produced from coal (T)

K147 Tar storage tank residues from coal tar refining (T)

K148 Residues from coal tar distillation, including, but not limited to, still bottoms (T)

**History**
- *History: 1988 AACS; 1994 AACS; 1996 AACS; 2000 AACS; 2004 AACS; 2008 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 299.9223** Rescinded {#sec-r-299.9223 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9223}

**History**
- *History: 1988 AACS; 1994 AACS; 2013 AACS.*

##### **Mich. Admin. Code R 299.9224** Table 205a; discarded commercial chemical products; off-specification species; container residues; and spill residues thereof as acutely hazardous wastes {#sec-r-299.9224 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9224}

Rule 224. Table 205a reads as follows:

TABLE 205a EPA Hazardous Waste Number Chemical Abstract Services Number Substance Hazard Code P023 107-20-0 Acetaldehyde, chloro- P002 591-08-2 Acetamide, N-(aminothioxomethyl)- P057 640-19-7 Acetamide, 2-fluoro- P058 62-74-8 Acetic acid, fluoro-, sodium salt P002 591-08-2 1-Acetyl-2-thiourea P003 107-02-8 Acrolein P070 116-06-3 Aldicarb P203 1646-88-4 Aldicarb sulfone P004 309-00-2 Aldrin P005 107-18-6 Allyl alcohol TABLE 205a EPA Hazardous Waste Number Chemical Abstract Services Number Substance Hazard Code P006 20859-73-8 Aluminum phosphide (R,T)

P007 2763-96-4 5-(Aminomethyl)-3-isoxazolol P008 504-24-5 4-Aminopyridine P009 131-74-8 Ammonium picrate (R)

P119 7803-55-6 Ammonium vanadate P099 506-61-6 Argentate (1-), bis(cyano-C)-, potassium P010 7778-39-4 Arsenic acid P012 1327-53-3 Arsenic (III) oxide P011 1303-28-2 Arsenic (V) oxide or arsenic pentoxide P012 1327-53-3 Arsenic trioxide P038 692-42-2 Arsine, diethyl- P036 696-28-6 Arsonous dichloride, phenyl- P054 151-56-4 Aziridine P067 75-55-8 Aziridine, 2-methyl- P013 542-62-1 Barium cyanide P024 106-47-8 Benzenamine, 4-chloro- P077 100-01-6 Benzenamine, 4-nitro- P028 100-44-7 Benzene, (chloromethyl)- P042 51-43-4 1,2-Benzenediol, 4-[1-hydroxy-2- (methylamino)ethyl]- (R)

P046 122-09-2 Benzeneethanamine, alpha, alpha-dimethyl- P014 108-98-5 Benzenethiol P127 1563-66-2 7-benzofuranol, 2,3-dihydro-2,2-dimethyl-, methoycarbamate P188 57-64-7 Benzoic acid, 2-hydroxy-, compd. with (3aS-cis) - 1,2,3,3a,8,8a-hexahydro-1,3a,8- trimethylpyrrolo [2,3-b] indol-5-yl methylcarbamate ester (1:1)

P001 81-81-2 2H-1-Benzopyran-2-one, 4-hydroxy-3-(3-oxo-1phenylbutyl)-, and salts, when present at concentrations greater than 0.3% P028 100-44-7 Benzyl chloride P015 7440-41-7 Beryllium powder P017 598-31-2 Bromoacetone P018 357-57-3 Brucine P045 39196-18-4 2-Butanone, 3,3-dimethyl-1-(methylthio)-, O- [(methylamino) carbonyl] oxime P021 592-01-8 Calcium cyanide or calcium cyanide Ca(CN)

P189 55285-14-8 Carbamic acid, [(dibutylamino)-thio]methyl-, 2,3dihydro-2,2-dimethyl-7-benzofuranyl ester P191 644-64-4 Carbamic acid, dimethyl-, 1-[(dimethyl- TABLE 205a EPA Hazardous Waste Number Chemical Abstract Services Number Substance Hazard Code amino)carbonyl]-5-methyl-1H-pyrazol-3-yl ester P192 119-38-0 Carbamic acid, dimethyl-, 3-methyl-1- (1methylethyl)-1H-pyrazol-5-yl ester P190 1129-41-5 Carbamic acid, methyl-, 3-methylphenyl ester P127 1563-66-2 Carbofuran P022 75-15-0 Carbon disulfide P095 75-44-5 Carbonyl chloride P189 55285-14-8 Carbosulfan P023 107-20-0 Chloroacetaldehyde P024 106-47-8 p-Chloroaniline P026 5344-82-1 1-(o-Chlorophenyl)thiourea P027 542-76-7 3-Chloropropionitrile P029 544-92-3 Copper cyanide or copper cyanide Cu(CN)

P202 64-00-6 m-Cumenyl methylcarbamate P030 -------- Cyanides (soluble cyanide salts), not elsewhere specified P031 460-19-5 Cyanogen P033 506-77-4 Cyanogen chloride or cyanogen chloride (CN)C P034 131-89-5 2-Cyclohexyl-4,6-dinitrophenol P016 542-88-1 Dichloromethyl ether P036 696-28-6 Dichlorophenylarsine P037 60-57-1 Dieldrin P038 692-42-2 Diethylarsine P041 311-45-5 Diethyl-p-nitrophenyl phosphate P040 297-97-2 O,O-Diethyl O-pyrazinyl phosphorothioate P043 55-91-4 Diisopropyl fluorophosphate P004 309-00-2 1,4,5,8-Dimethanonaphthalene, 1,2,3,4,10,10hexachloro-1,4,4a,5,8,8a-hexahydro-, (1alpha,4alpha,4abeta, 5alpha,8alpha,8abeta)- P060 465-73-6 1,4,5,8-Dimethanonaphthalene, 1,2,3,4,10,10hexachloro-1,4,4a,5,8,8a-hexahydro-, (1alpha,4alpha,4abeta, 5beta,8beta,8abeta)- P037 60-57-1 2,7:3,6-Dimethanonaphth[2,3-b]oxirene, 3,4,5,6,9,9-hexachloro-1a,2,2a,3,6,6a,7,7aoctahydro-, (1aalpha,2beta,2aalpha, 3beta,6beta,6aalpha,7beta,7aalpha)- P051 72-20-8 2,7:3,6-Dimethanonaphth[2,3-b]oxirene, 3,4,5,6,9,9hexachloro-1a,2,2a,3,6,6a,7,7a-octahydro-, (1aalpha, 2beta, 2abeta, 3alpha, 6alpha, 6abeta, 7beta, 7aalpha)-, & metabolites TABLE 205a EPA Hazardous Waste Number Chemical Abstract Services Number Substance Hazard Code P044 60-51-5 Dimethoate P046 122-09-8 alpha,alpha-Dimethylphenethylamine P191 644-64-4 Dimetilan P047 534-52-1 4,6-Dinitro-o-cresol and salts P048 51-28-5 2,4-Dinitrophenol P020 88-85-7 Dinoseb P085 152-18-9 Diphosphoramide, octamethyl- P111 107-49-3 Diphosphoric acid, tetraethyl ester P039 298-04-4 Disulfoton P049 541-53-7 2,4-Dithiobiuret P185 26419-73-8 1,3-Dithiolane-2-carboxaldehyde, 2-4-dimethyl-, O-[(methylamino)- carbonyl]oxime P050 115-29-7 Endosulfan P088 145-73-7 Endothall P051 72-20-8 Endrin, and metabolites P042 51-43-4 Epinephrine P031 460-19-5 Ethanedinitrile P194 23135-22-0 Ethanimidothioic acid, 2-(dimethylamino)-N- [[(methylamino) carbonyl]oxy]-2-oxo-, methyl ester P066 16752-77-5 Ethanimidothioic acid, N- [[(methylamine)carbonyl] oxyl]-, methyl ester P101 107-12-0 Ethyl cyanide P054 151-58-4 Ethyleneimine P097 52-85-7 Famphur P056 7782-41-4 Fluorine P057 640-19-7 Fluoroacetamide P058 62-74-8 Fluoroacetic acid, sodium salt P198 23422-53-9 Formetanate hydrochloride P197 17702-57-7 Formparanate P065 628-86-4 Fulminic acid, mercury (II) salt (R, T)

P059 76-44-8 Heptachlor P062 757-58-4 Hexaethyl tetraphosphate P116 79-19-6 Hydrazinecarbothioamide P068 60-34-4 Hydrazine, methyl- P063 74-90-8 Hydrocyanic acid or hydrogen cyanide P096 7803-51-2 Hydrogen phosphide P060 465-73-6 Isodrin P192 119-38-0 Isolan TABLE 205a EPA Hazardous Waste Number Chemical Abstract Services Number Substance Hazard Code P202 64-00-6 3-Isopropylphenyl N-methylcarbamate P007 2763-96-4 3(2H)-Isoxazolone, 5-(aminomethyl)- P196 15339-36-3 Manganese, bis(dimethylcarbamodithioato-S,S')-, or manganese, dimethyldithiocarbamate P092 62-38-4 Mercury, (acetato-O)phenyl- P065 628-86-4 Mercury fulminate (R, T)

P082 62-75-9 Methanamine, N-methyl-N-nitroso- P064 624-83-9 Methane, isocyanato- P016 542-88-1 Methane, oxybis(chloro- P112 509-14-8 Methane, tetranitro- (R)

P118 75-70-7 Methanethiol, trichloro- P198 23422-53-9 Methanimidamide, N,N-dimethyl-N'-[3- [[(methylamino)carbonyl]oxy]phenyl]-, monohydrochloride P197 17702-57-7 Methanimidamide, N,N-dimethyl-N'-[2-methyl-4- [[(methylamino)carbonyl]oxy]phenyl]- P050 115-20-7 6,9-Methano-2,4,3-benzodioxathiepin, 6,7,8,9,10,10-hexachloro-1,5,5a,6,9,9a-hexahydro- , 3-oxide P059 76-44-8 4,7-Methano-1H-indene, 1,4,5,6,7,8,8heptachloro- 3a,4,7,7a-tetrahydro- P199 2032-65-7 Methiocarb P066 16752-77-5 Methomyl P068 60-34-4 Methyl hydrazine P064 624-83-9 Methyl isocyanate P069 75-86-5 2-Methyllactonitrile P071 298-00-0 Methyl parathion P190 1129-41-5 Metolcarb P128 315-18-4 Mexacarbate P072 86-88-4 alpha-Naphthylthiourea P073 13463-39-3 Nickel carbonyl or nickel carbonyl Ni(CO)

, (T-4)-

P074 557-19-7 Nickel cyanide or nickel (II) cyanide P075 54-11-5 Nicotine and salts. This listing does not include patches, gums, and lozenges that are FDA-approved over-the-counter nicotine replacement therapies.

P076 10102-43-9 Nitric oxide P077 100-01-6 p-Nitroaniline P078 10102-44-0 Nitrogen dioxide or nitrogen (IV) oxide P076 10102-43-9 Nitrogen (II) oxide P081 55-63-0 Nitroglycerine (R)

TABLE 205a EPA Hazardous Waste Number Chemical Abstract Services Number Substance Hazard Code P082 62-75-9 N-Nitrosodimethylamine P084 4549-40-0 N-Nitrosomethylvinylamine P085 152-16-9 Octamethylpyrophosphor-amide P087 20816-12-0 Osmium oxide or osmium tetroxide P088 145-73-3 7-Oxabicyclo [2.2.1] heptane-2,3-dicarboxylic acid P194 23135-22-0 Oxamyl P089 56-38-2 Parathion P034 131-89-5 Phenol, 2-cyclohexyl-4,6-dinitro- P128 315-18-4 Phenol, 4-(dimethylamino)-3,5-dimethyl-, methylcarbamate (ester)

P199 2032-65-7 Phenol, (3,5-dimethyl-4-(methylthio)-, methylcarbamate P048 51-28-5 Phenol, 2,4-dinitro- P047 534-52-1 Phenol, 2-methyl-4,6-dinitro- and salts P202 64-00-6 Phenol, 3-(1-methylethyl)-, methyl carbamate P201 2631-37-0 Phenol, 3-methyl-5-(1-methylethyl)-, methyl carbamate P020 88-85-7 Phenol, 2,4-dinitro-6-(1-methylpropyl)- P009 131-74-8 Phenol, 2,4,6-trinitro-, ammonium salt (R)

P092 62-38-4 Phenylmercuric acetate P093 103-85-5 N-Phenylthiourea P094 298-02-2 Phorate P095 75-44-5 Phosgene P096 783-51-2 Phosphine P041 311-45-5 Phosphoric acid, diethyl p-nitrophenyl ester P039 298-04-4 Phosphorodithioic acid, O,O-diethyl S-[2- (ethylthio)ethyl] ester P094 298-02-2 Phosphorodithioic acid, O,O-diethyl S-[(ethylthio) methyl] ester P044 60-51-5 Phosphorodithioic acid, O,O-dimethyl S-O[2- (methylamino)-2-oxoethyl] ester P043 55-91-4 Phosphorofluoridic acid, bis(1-methylethyl)ester P089 56-38-2 Phosphorothioic acid, O,O-diethyl O-(4nitrophenyl) ester P040 297-97-2 Phosphorothioic acid, O,O-diethyl O-pyrazinyl ester P097 52-85-7 Phosphorothioic acid, O,O-dimethyl O-[p- ((dimethylamino) sulfonyl)phenyl] ester P071 298-00-0 Phosphorothioic acid, O,O-dimethyl O-(4nitrophenyl) ester TABLE 205a EPA Hazardous Waste Number Chemical Abstract Services Number Substance Hazard Code P204 57-47-6 Physostigmine P188 57-64-7 Physostigmine salicylate P110 78-00-2 Plumbane, tetraethyl- P098 151-50-8 Potassium cyanide or potassium cyanide K(CN)

P099 506-61-6 Potassium silver cyanide P201 2631-37-0 Promecarb P203 1646-88-4 Propanal, 2-methyl-2-(methyl-sulfonyl)-,O- [(methylamino)carbonyl] oxime P070 116-06-3 Propanal, 2-methyl-2-(methylthio)-, O- [(methylamino)carbonyl] oxime P101 107-12-0 Propanenitrile P027 542-76-7 Propanenitrile, 3-chloro- P069 75-86-5 Propanenitrile, 2-hydroxy-2-methyl- P081 55-63-0 1,2,3-Propanetriol, trinitrate- (R)

P017 596-31-2 2-Propanone, 1-bromo- P102 107-19-7 Propargyl alcohol P003 107-02-8 2-Propenal P005 107-18-6 2-Propen-1-ol P067 75-55-8 1,2-Propylenimine P102 107-19-7 2-Propyn-1-ol P008 504-24-5 4-Pyridinamine P075 54-11-5 Pyridine, 3-(1-methyl-2-pyrrolidinyl)-, (S)-, and salts. This listing does not include patches, gums, and lozenges that are FDA-approved over-thecounter nicotine replacement therapies.

P204 57-47-6 Pyrrolo[2,3-b]indol-5-ol, 1,2,3,3a,8,8a-hexahydro- 1,3a,8-trimethyl-, methylcarbamate (ester), (3aScis)- P114 12039-52-0 Selenious acid, dithallium(1+) salt P103 630-10-4 Selenourea P104 506-64-9 Silver cyanide or silver cyanide Ag(CN)

P105 26628-22-8 Sodium azide P106 143-33-9 Sodium cyanide or sodium cyanide Na(CN)

P108 57-24-9 Strychnidin-10-one, and salts, or strychnine and salts P018 357-57-3 Strychnidin-10-one, 2,3-dimethoxy- P115 7446-18-6 Sulfuric acid, thallium (I) salt P109 3689-24-5 Tetraethyldithiopyrophosphate P110 78-00-2 Tetraethyl lead P111 107-49-3 Tetraethylpyrophosphate TABLE 205a EPA Hazardous Waste Number Chemical Abstract Services Number Substance Hazard Code P112 509-14-8 Tetranitromethane (R)

P062 757-58-4 Tetraphosphoric acid, hexaethyl ester P113 1314-32-5 Thallic oxide or thallium (III) oxide P114 12039-52-0 Thallium (I) selenite P115 7446-18-6 Thallium (I) sulfate P109 3689-24-5 Thiodiphosphoric acid, tetraethyl ester P045 39196-18-4 Thiofanox P049 541-53-7 Thioimidodicarbonic diamide P014 108-98-5 Thiophenol P116 79-19-6 Thiosemicarbazide P026 5344-82-1 Thiourea, (2-chlorophenyl)- P072 86-88-4 Thiourea, 1-naphthalenyl- P093 103-85-5 Thiourea, phenyl- P185 26419-73-8 Tirpate P123 8001-35-2 Toxaphene P118 75-70-7 Trichloromethanethiol P119 7803-55-6 Vanadic acid, ammonium salt P120 1314-62-1 Vanadium (V) oxide or vanadium pentoxide P084 4549-40-0 Vinylamine, N-methyl-N-nitroso- P001 81-81-2 Warfarin, when present at concentrations greater than 0.3% P205 137-30-4 Zinc, bis(dismethylcarbamodithioato-S,S')- P121 557-21-1 Zinc cyanide or zinc cyanide Zn(CN)

P122 1314-84-7 Zinc phosphide, when present at concentrations greater than 10% (R, T)

P205 137-30-4 Ziram

2017 AACS; 2025 AACS.

**History**
- *History: 1988 AACS; 1991 AACS; 1994 AACS; 1996 AACS; 2000 AACS; 2008 AACS; 2013 AACS;*

##### **Mich. Admin. Code R 299.9225** Table 205b; discarded commercial chemical products; off-specification species; container residues; and spill residues thereof as toxic hazardous wastes {#sec-r-299.9225 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9225}

Rule 225. Table 205b reads as follows:

TABLE 205b EPA Hazardous Waste Number Chemical Abstract Services Number Substance Hazard Code U394 30558-43-1 A2213 U001 75-07-0 Acetaldehyde (I)

U034 75-87-6 Acetaldehyde, trichloro- U187 62-44-2 Acetamide, N-(4-ethoxyphenyl)- U005 53-96-3 Acetamide, N-9H-fluoren-2-y1- U240 94-75-7 Acetic acid, (2,4-dichlorophenoxy)-, salts and esters U112 141-78-6 Acetic acid, ethyl ester (I)

U144 301-04-2 Acetic acid, lead(2+) salt U214 563-68-8 Acetic acid, thallium(1+) salt See F027 93-76-5 Acetic acid, (2,4,5-trichlorophenoxy)- U002 67-64-1 Acetone (I)

U003 75-05-8 Acetonitrile (I, T)

U004 98-86-2 Acetophenone U005 53-96-3 2-Acetylaminofluorene U006 75-36-5 Acetyl chloride (C, R, T)

U007 79-06-1 Acrylamide U008 79-10-7 Acrylic acid (I)

U009 107-13-1 Acrylonitrile U011 61-82-5 Amitrole U012 62-53-3 Aniline (I, T)

U136 75-60-5 Arsinic acid, dimethyl- U014 492-80-8 Auramine U015 115-02-6 Azaserine U010 50-07-7 Azirino(2',3':3,4)pyrrolo (1,2-a)indole-4,7-dione, 6-amino-8-[((aminocarbonyl)oxy) methyl]- 1,1a,2,8,8a,8b hexahydro-8a-methoxy-5-methyl- U280 101-27-9 Barban U278 22781-23-3 Bendiocarb U364 22961-82-6 Bendiocarb phenol U271 17804-35-2 Benomyl U157 56-49-5 Benz[j]aceanthrylene, 1,2-dihydro-3-methyl- U016 225-51-4 Benz[c]acridine U017 98-87-3 Benzal chloride U192 23950-58-5 Benzamide, 3,5-dichloro-N-(1,1-dimethyl-2propynyl)- U018 56-55-3 Benz[a]anthracene U094 57-97-6 1,2-Benzanthracene, 7,12-dimethyl- U012 62-53-3 Benzenamine (I, T)

TABLE 205b EPA Hazardous Waste Number Chemical Abstract Services Number Substance Hazard Code U014 492-80-8 Benzenamine, 4,4'-carbonimidoylbis(N,Ndimethyl- U049 3165-93-3 Benzenamine, 4-chloro-2-methyl- U093 60-11-7 Benzenamine, N,N-dimethyl-4-(phenylazo)- U328 95-53-4 Benzenamine, 2-methyl- U353 106-49-0 Benzenamine, 4-methyl- U158 101-14-4 Benzenamine, 4,4'-methylenebis(2-chloro- U222 636-21-5 Benzenamine, 2-methyl-, hydrochloride U181 99-55-8 Benzenamine, 2-methyl-5-nitro U019 71-43-2 Benzene (I, T)

U038 510-15-8 Benzeneacetic acid, 4-chloro-alpha-(4chlorophenyl)- alpha-hydroxy, ethyl ester U030 101-55-3 Benzene, 1-bromo-4-phenoxy- U035 305-03-03 Benzenebutanoic acid, 4-[bis(2-chloroethyl) amino]- U037 106-90-7 Benzene, chloro- U221 25376-45-8 Benzenediamine, ar-methyl- U028 117-81-7 1,2-Benzenedicarboxylic acid, [bis(2-ethylhexyl)] ester U069 84-74-2 1,2-Benzenedicarboxylic acid, dibutyl ester U088 84-66-2 1,2-Benzenedicarboxylic acid, diethyl ester U102 131-11-3 1,2-Benzenedicarboxylic acid, dimethyl ester U107 117-84-0 1,2-Benzenedicarboxylic acid, di-n-octyl ester U070 95-50-1 Benzene, 1,2-dichloro- U071 541-73-1 Benzene, 1,3-dichloro- U072 106-46-7 Benzene, 1,4-dichloro- U060 72-54-8 Benzene, 1,1'-(2,2-dichloroethylidene)bis=[4chloro- U017 98-87-3 Benzene (dichloromethyl)- U223 26471-62-5 Benzene, 1,3-diisocyanatomethyl- (R, T)

U239 1330-20-7 Benzene, dimethyl- (I)

U201 108-46-3 1,3-Benzenediol U127 118-74-1 Benzene, hexachloro- U056 110-82-7 Benzene, hexahydro- (I)

U220 108-88-3 Benzene, methyl- U105 121-14-2 Benzene, 1-methyl-2,4-dinitro- U106 606-20-2 Benzene, 1-methyl-2,6-dinitro- U055 98-82-8 Benzene, (1-methylethyl)- (I)

U169 98-95-3 Benzene, nitro- (I, T)

TABLE 205b EPA Hazardous Waste Number Chemical Abstract Services Number Substance Hazard Code U183 608-93-5 Benzene, pentachloro- U185 82-68-8 Benzene, pentachloronitro- U020 98-09-9 Benzenesulfonic acid chloride or benzenesulfonyl chloride (C, R)

U207 95-94-3 Benzene, 1,2,4,5-tetrachloro- U061 50-29-3 Benzene, 1,1'-(2,2,2-trichloroethylidene)=bis [4chloro- U247 72-43-5 Benzene, 1,1'-(2,2,2-trichloroethylidene)=bis [4methoxy- U023 98-07-7 Benzene, (trichloromethyl)- (C, R, T)

U234 99-35-4 Benzene, 1,3,5-trinitro- (R, T)

U021 92-87-5 Benzidine U202 81-07-2 1,2-Benzisothiazol-3-(2H)-one, 1,1-dioxide and salts U278 22781-23-3 1,3-Benzodioxol-4-ol, 2,2-dimethyl-, methyl carbamate U364 22961-82-6 1,3-Benzodioxol-4-ol, 2,2-dimethyl-, U203 94-59-7 1,3-Benzodioxole, 5-(2-propenyl)- U141 120-58-1 1,3-Benzodioxole, 5-(1-propenyl)- U090 94-58-6 1,3-Benzodioxole, 5-propyl- U367 1563-38-8 7-Benzofuranol, 2,3-dihydro-2,2-dimethyl- U064 189-55-9 Benzo[rst]pentaphene U248 81-81-2 2H-1-Benzopyran-2-one, 4-hydroxy-3-(3-oxo-1phenylbutyl)-, and salts, when present at concentrations of 0.3% or less U022 50-32-8 Benzo[a]pyrene U197 106-51-4 p-Benzoquinone U023 98-07-7 Benzotrichloride (C, R, T)

U085 1464-53-5 2,2'-Bioxirane (I, T)

U021 92-87-5 (1,1'-Biphenyl)-4,4'-diamine U073 91-94-1 (1,1'-Biphenyl)-4,4'-diamine, 3,3'-dichloro- U091 119-90-4 (1,1'-Biphenyl)-4,4'-diamine, 3,3'-dimethoxy- U095 119-93-7 (1,1'-Biphenyl)-4,4'-diamine, 3,3'-dimethyl- U225 75-25-2 Bromoform U030 101-55-3 4-Bromophenyl phenyl ether U128 87-68-3 1,3-Butadiene, 1,1,2,3,4,4-hexachloro- U172 924-16-3 1-Butanamine, N-butyl-N-nitroso- U031 71-36-3 1-Butanol (I)

U159 78-93-3 2-Butanone (I, T)

U160 1338-23-4 2-Butanone peroxide (R, T)

TABLE 205b EPA Hazardous Waste Number Chemical Abstract Services Number Substance Hazard Code U053 4170-30-3 2-Butenal U074 764-41-0 2-Butene, 1,4-dichloro- (I, T)

U143 303-34-4 2-Butenoic acid, 2-methyl-, 7-[[2,3-dihydroxy-2- (1-methoxyethyl)-3-methyl-1oxybutoyx]methyl]-2,3,5,7a-tetrahydro-1Hpyrrolizin-1-y1 ester, [1S- [1alpha(Z),7(2S*,3R*), 7aalpha]]- U031 71-36-3 n-Butyl alcohol (I)

U136 75-60-5 Cacodylic acid U032 13765-19-0 Calcium chromate U372 10605-21-7 Carbamic acid, 1H-benzimidazol-2-yl, methyl ester U271 17804-35-2 Carbamic acid, [1-[(butylamino)carbonyl]-1Hbenzimidazol-2-yl]-, methyl ester U280 101-27-9 Carbamic acid, (3-chlorophenyl)-, 4-chloro-2butynyl ester U238 51-79-6 Carbamic acid, ethyl ester U178 815-53-2 Carbamic acid, methylnitroso-, ethyl ester U373 122-42-9 Carbamic acid, phenyl-, 1-methylethyl ester U409 23564-05-8 Carbamic acid, [1,2phenylenebis(iminocarbonothioyl)]bis-, dimethyl ester U097 79-44-7 Carbamic chloride, dimethyl U114 111-54-6 Carbamodithioic acid, 1,2-ethanediylbis-, salts and esters U062 2303-16-4 Carbamodithioic acid, bis(1-methylethyl)-, S- (2,3-dichloro-2-propenyl) ester U389 2303-17-5 Carbamothioic acid, bis(1-methylethyl)-, S- (2,3,3-trichloro-2-propenyl) ester U387 52888-80-9 Carbamothioic acid, dipropyl-, S-(phenylmethyl) ester U279 63-25-2 Carbaryl U372 10605-21-7 Carbendazim U367 1563-38-8 Carbofuran phenol U215 6533-73-9 Carbonic acid, dithallium(1+) salt U156 79-22-1 Carbonochloridic acid, methyl ester (I, T)

U033 353-50-4 Carbon oxyfluoride (R, T)

U211 56-23-5 Carbon tetrachloride U034 75-87-6 Chloral U035 305-03-3 Chlorambucil TABLE 205b EPA Hazardous Waste Number Chemical Abstract Services Number Substance Hazard Code U036 57-74-9 Chlordane, technical U026 494-03-1 Chlornaphazine U037 108-90-7 Chlorobenzene U038 510-15-6 Chlorobenzilate U039 59-50-7 4-Chloro-m-cresol U042 110-75-8 2-Chloroethyl vinyl ether U044 67-66-3 Chloroform U046 107-30-2 Chloromethyl methyl ether U047 91-58-7 beta-Chloronaphthalene U048 95-57-8 o-Chlorophenol U049 3165-93-3 4-Chloro-o-toluidine, hydrochloride U032 13765-19-0 Chromic acid, calcium salt U050 218-01-9 Chrysene U051 ------ Creosote U052 1319-77-3 Cresylic acid U053 4170-30-3 Crotonaldehyde U055 98-82-8 Cumene (I)

U246 506-68-3 Cyanogen bromide U197 106-51-4 1,4-Cyclohexadienedione U056 110-82-7 Cyclohexane (I)

U129 58-89-9 Cyclohexane, 1,2,3,4,5,6-hexachloro-, (1alpha, 2alpha,3beta,4alpha, 5alpha,6beta)- U057 108-94-1 Cyclohexanone (I)

U130 77-47-4 1,3-Cyclopentadiene, 1,2,3,4,5,5-hexa-chloro- U058 50-18-0 Cyclophosphamide U240 94-75-7 2,4-D, salts and esters U059 20830-81-3 Daunomycin U060 72-54-8 DDD U061 50-29-3 DDT U062 2303-16-4 Diallate U063 53-70-3 Dibenz[a,h]anthracene U064 189-55-9 Dibenz[a,i]pyrene U066 96-12-8 1,2-Dibromo-3-chloropropane U069 84-74-2 Dibutyl phthalate U070 95-50-1 o-Dichlorobenzene U071 541-73-1 m-Dichlorobenzene U072 106-46-7 p-Dichlorobenzene U073 91-94-1 3,3'-Dichlorobenzidine U074 764-41-0 1,4-Dichloro-2-butene (I, T)

TABLE 205b EPA Hazardous Waste Number Chemical Abstract Services Number Substance Hazard Code U075 75-71-8 Dichlorodifluoromethane U078 75-35-4 1,1-Dichloroethylene U079 156-60-5 1,2-Dichloroethylene U025 111-44-4 Dichloroethyl ether U027 108-60-1 Dichloroisopropyl ether U024 111-91-7 Dichloromethoxy ethane U081 120-83-2 2,4-Dichlorophenol U082 87-65-0 2,6-Dichlorophenol U084 542-75-6 1,3-Dichloropropene U085 1464-53-5 1,2:3,4-Diepoxybutane (I, T)

U108 123-91-1 1,4-Diethylene dioxide U395 5952-26-1 Diethylene glycol, dicarbamate U028 117-81-7 Diethylhexyl phthalate U086 1615-80-1 N,N-Diethylhydrazine U087 3288-58-2 O,O-Diethyl-S-methyl-dithiophosphate U088 84-66-2 Diethyl phthalate U089 56-53-1 Diethylstilbestrol U090 94-58-6 Dihydrosafrole U091 119-90-4 3,3'-Dimethoxybenzidine U092 124-40-3 Dimethylamine (I)

U093 60-11-7 Dimethylaminoazobenzene U094 57-97-6 7,12-Dimethylbenz[a]anthracene U095 119-93-7 3,3'-Dimethylbenzidine U096 80-15-9 alpha,alpha-Dimethyl-benzylhydroperoxide (R)

U097 79-44-7 Dimethylcarbamoyl chloride U098 57-14-7 1,1-Dimethylhydrazine U099 540-73-8 1,2-Dimethylhydrazine U101 105-67-9 2,4-Dimethylphenol U102 131-11-3 Dimethyl phthalate U103 77-78-1 Dimethyl sulfate U105 121-14-2 2,4-Dinitrotoluene U106 606-20-2 2,6-Dinitrotoluene U107 117-84-0 Di-n-octyl phthalate U108 123-91-1 1,4-Dioxane U109 122-66-7 1,2-Diphenylhydrazine U110 142-84-7 Dipropylamine (I)

U111 621-64-7 Di-n-propylnitrosamine U041 106-89-8 Epichlorhydrin U001 75-07-0 Ethanal (I)

TABLE 205b EPA Hazardous Waste Number Chemical Abstract Services Number Substance Hazard Code U174 55-18-5 Ethanamine, N-ethyl-N-nitroso- U404 121-44-8 Ethanamine, N,N-diethyl- U155 91-80-5 1,2-Ethanediamine, N,N-dimethyl-N'-2pyridinyl-N'-(2-thienylmethyl)- U067 106-93-4 Ethane, 1,2-dibromo- U076 75-34-3 Ethane, 1,1-dichloro- U077 107-06-2 Ethane, 1,2-dichloro- U131 67-72-1 Ethane, 1,1,1,2,2,2-hexachloro- U024 111-91-1 Ethane, 1,1'-[methylenebis(oxy)]bis[2-chloro- U117 60-29-7 Ethane, 1,1'-oxybis- (I)

U025 111-44-4 Ethane, 1,1'-oxybis[2-chloro- U184 76-01-7 Ethane, pentachloro- U208 630-20-6 Ethane, 1,1,1,2-tetrachloro- U209 79-34-5 Ethane, 1,1,2,2-tetrachloro- U218 62-55-5 Ethanethioamide U226 71-55-6 Ethane, 1,1,1-trichloro- U227 79-00-5 Ethane, 1,1,2-trichloro- U410 59669-26-0 Ethanimidothioic acid, N,N'- [thiobis[(methylimino) carbonyloxy]]bis-, dimethyl ester U394 30558-43-1 Ethanimidothioic acid, 2-(dimethylamino)-nhydroxy-2-oxo- methyl ester U359 110-80-5 Ethanol, 2-ethoxy- U173 1116-54-7 Ethanol, 2,2'-(nitrosoimino)bis- U395 5952-26-1 Ethanol, 2,2'-oxybis-, dicarbamate U004 98-86-2 Ethanone, 1-phenyl U043 75-01-4 Ethene, chloro- U042 110-75-8 Ethene, 2-chloroethoxy- U078 75-35-4 Ethene, 1,1-dichloro- U079 156-60-5 Ethene, trans-1,2-dichloro- U210 127-18-4 Ethene, 1,1,2,2-tetrachloro- U228 79-01-6 Ethene, trichloro- U112 141-78-8 Ethyl acetate (I)

U113 140-88-5 Ethyl acrylate (I)

U238 51-79-6 Ethyl carbamate (urethane)

U117 60-29-7 Ethyl ether (I)

U114 111-54-6 Ethylenebis(dithiocarbamic acid), salts and ester U067 106-93-4 Ethylene dibromide U077 107-06-2 Ethylene dichloride TABLE 205b EPA Hazardous Waste Number Chemical Abstract Services Number Substance Hazard Code U359 110-80-5 Ethylene glycol monoethyl ether U115 75-21-8 Ethylene oxide (I, T)

U116 96-45-7 Ethylene thiourea U076 75-34-3 Ethylidene dichloride U118 97-63-2 Ethyl methacrylate U119 62-50-0 Ethyl methanesulfonate U120 206-44-0 Fluoranthene U122 50-00-0 Formaldehyde U123 64-18-6 Formic acid (C, T)

U124 110-00-9 Furan (I)

U125 98-01-1 2-Furancarboxaldehyde (I)

U147 108-31-6 2,5-Furandione U213 109-99-9 Furan, tetrahydro- (I)

U125 98-01-1 Furfural (I)

U124 110-00-9 Furfuran (I)

U206 18883-66-4 Glucopyranose, 2-deoxy-2-(3-methyl-3nitrosoureido)-, D- U206 18883-66-4 D-Glucose, 2-deoxy-2-[[(methylnitrosoamino) carbonyl] amino]- U126 765-34-4 Glycidylaldehyde U163 70-25-7 Guanidine, N-methyl-N'-nitro-N-nitroso- U127 118-74-1 Hexachlorobenzene U128 87-68-3 Hexachlorobutadiene U130 77-47-4 Hexachlorocyclopentadiene U131 67-72-1 Hexachloroethane U132 70-30-4 Hexachlorphene U243 1888-71-7 Hexachloropropene U133 302-01-2 Hydrazine (R, T)

U086 1615-80-1 Hydrazine, 1,2-diethyl- U098 57-14-7 Hydrazine, 1,1-dimethyl- U099 540-73-8 Hydrazine, 1,2-dimethyl- U109 122-66-7 Hydrazine, 1,2-diphenyl- U134 7664-39-3 Hydrofluoric acid or hydrogen fluoride (C, T)

U135 7783-06-4 Hydrogen sulfide or hydrogen sulfide H S U096 80-15-9 Hydroperoxide, 1-methyl-1-phenylethyl- (R)

U116 96-45-7 2-Imidazolidinethione U137 193-39-5 Indeno[1,2,3cd]pyrene U190 85-44-9 1,3-Isobenzofurandione U140 78-83-1 Isobutyl alcohol (I, T)

TABLE 205b EPA Hazardous Waste Number Chemical Abstract Services Number Substance Hazard Code U141 120-58-1 Isosafrole U142 143-50-0 Kepone U143 303-34-4 Lasiocarpine U144 301-04-2 Lead acetate U146 1335-32-6 Lead, bis(acetato-O) tetrahydroxytri- U145 7446-27-7 Lead phosphate U146 1335-32-6 Lead subacetate U129 58-89-9 Lindane U163 70-25-7 MNNG U147 108-31-6 Maleic anhydride U148 123-33-1 Maleic hydrazide U149 109-77-3 Malononitrile U150 148-82-3 Melphalan U151 7439-97-6 Mercury U152 126-98-7 Methacrylonitrile (I, T)

U092 124-40-3 Methanamine, N-methyl- (I)

U029 74-83-9 Methane, bromo- U045 74-87-3 Methane, chloro- (I, T)

U046 107-30-2 Methane, chloromethoxy- U068 74-95-3 Methane, dibromo- U080 75-09-2 Methane, dichloro- U075 75-71-8 Methane, dichlorodifluoro- U138 74-88-4 Methane, iodo- U119 62-50-0 Methanesulfonic acid, ethyl ester U211 56-23-5 Methane, tetrachloro- U153 74-93-1 Methanethiol (I, T)

U225 75-25-2 Methane, tribromo- U044 67-66-3 Methane, trichloro- U121 75-69-4 Methane, trichlorofluoro- U036 57-74-9 4,7-Methanoindan, 1,2,4,5,6,7,8,8-octachloro- 3a,4,7,7a-tetrahydro U154 67-56-1 Methanol (I)

U155 91-80-5 Methapyrilene U142 143-50-0 1,3,4-Metheneo-2H-cyclobuta[cd]pentalen-2one,1,1a,3,3a, 4,5,5,5a,5b,6-decachlorooctahydro- U247 72-43-5 Methoxychlor U154 67-56-1 Methyl alcohol (I)

U029 74-83-9 Methyl bromide U186 504-60-9 1-Methylbutadiene (I)

TABLE 205b EPA Hazardous Waste Number Chemical Abstract Services Number Substance Hazard Code U045 74-87-3 Methyl chloride (I, T)

U156 79-22-1 Methyl chlorocarbonate (I, T)

U226 71-55-6 Methylchloroform U157 56-49-5 3-Methylcholanthrene U158 101-14-4 4,4'-Methylenebis(2-chloroaniline)

U068 74-95-3 Methylene bromide U080 75-09-2 Methylene chloride U159 78-93-3 Methyl ethyl ketone (I, T)

U160 1338-23-4 Methyl ethyl ketone peroxide (R, T)

U138 74-88-4 Methyl iodide U161 108-10-1 Methyl isobutyl ketone (I)

U162 80-62-6 Methyl methacrylate (I, T)

U161 108-10-1 4-Methyl-2-pentanone (I)

U164 56-04-2 Methylthiouracil U010 50-07-7 Mitomycin (C)

U059 20830-81-3 5,12-Naphthacenedione, (8S-cis)-8-acetyl-10- [(3-amino-2,3,6-trideoxy-alpha-Llyxohexopyranosyl)oxyl]- 7,8,9,10-tetrahydro- 6,8,11-trihydroxy-1-methoxy- U167 134-32-7 1-Naphthalenamine U168 91-59-8 2-Naphthalenamine U026 494-03-1 Naphthalenamine, N,N'-bis(2-chloroethyl)- U165 91-20-3 Naphthalene U047 91-58-7 Naphthalene, 2-chloro- U166 130-15-4 1,4-Naphthalenedione U236 72-57-1 2,7-Naphthalenedisulfonic acid, 3,3'-[(3,3'dimethyl-(1,1-biphenyl)-4,4'diyl)]-bis(azo)bis (5amino-4-hydroxy)-, tetrasodium salt U279 63-25-2 1-Naphthalenol, methylcarbamate U166 130-15-4 1,4-Naphthoquinone U167 134-32-7 alpha-Naphthylamine U168 91-59-8 beta-Naphthylamine U217 10102-45-1 Nitric acid, thallium(1+) salt U169 98-95-3 Nitrobenzene (I, T)

U170 100-02-7 p-Nitrophenol U171 79-46-9 2-Nitropropane (I, T)

U172 924-16-3 N-Nitrosodi-n-butylamine U173 1116-54-7 N-Nitrosodiethanolamine U174 55-18-5 N-Nitrosodiethylamine TABLE 205b EPA Hazardous Waste Number Chemical Abstract Services Number Substance Hazard Code U176 759-73-9 N-Nitroso-N-ethylurea U177 684-93-5 N-Nitroso-N-methylurea U178 615-53-2 N-Nitroso-N-methylurethane U179 100-75-4 N-Nitrosopiperidine U180 930-55-2 N-Nitrosopyrrolidine U181 99-55-8 5-Nitro-o-toluidine U193 1120-71-4 1,2-Oxathiolane, 2,2-dioxide U058 50-18-0 2H-1,3,2-Oxazaphosphorin, 2-amine, N,N-bis(2chloroethyl) tetrahydro-, 2-oxide U115 75-21-8 Oxirane (I, T)

U126 765-34-4 Oxiranecarboxyaldehyde U041 106-89-8 Oxirane, 2-(chloromethyl)- U182 123-63-7 Paraldehyde U183 608-93-5 Pentachlorobenzene U184 76-01-7 Pentachloroethane U185 82-68-8 Pentachloronitrobenzene See F027 87-86-5 Pentachlorophenol U186 504-60-9 1,3-Pentadiene U161 108-10-1 Pentanol, 4-methyl- U187 62-44-2 Phenacetin U188 108-95-2 Phenol U048 95-57-8 Phenol, 2-chloro- U039 59-50-7 Phenol, 4-chloro-3-methyl- U081 120-83-2 Phenol, 2,4-dichloro- U082 87-65-0 Phenol, 2,6-dichloro- U089 56-53-1 Phenol, 4,4'-(1,2-diethyl-1,2-ethenediyl)bis-, (E)- U101 105-67-9 Phenol, 2,4-dimethyl- U052 1319-77-3 Phenol, methyl- U132 70-30-4 Phenol, 2,2'-methylenebis[3,4,6-trichloro- U411 114-26-1 Phenol, 2-(1-methylethoxy)-, methylcarbamate U170 100-02-7 Phenol, 4-nitro- See F027 87-86-5 Phenol, pentachloro- See F027 58-90-2 Phenol, 2,3,4,6-tetrachloro- See F027 95-95-4 Phenol, 2,4,5-trichloro- See F027 88-06-2 Phenol, 2,4,6-trichloro- U150 148-82-3 L-Phenylalanine, 4-[bis(2-chloroethyl)amino]- U145 7446-27-7 Phosphoric acid, lead salt U087 3288-58-2 Phosphorodithioic acid, 0,0-diethyl-S-methyl ester TABLE 205b EPA Hazardous Waste Number Chemical Abstract Services Number Substance Hazard Code U189 1314-80-3 Phosphorus sulfide (R)

U190 85-44-9 Phthalic anhydride U191 109-06-8 2-Picoline U179 100-75-4 Piperidine, 1-nitroso- U192 23950-58-5 Pronamide U194 107-10-8 1-Propanamine (I, T)

U111 621-64-7 1,Propanamine, N-nitroso-N-propyl- U110 142-84-7 1-Propanamine, N-propyl- (I)

U066 96-12-8 Propane, 1,2-dibromo-3-chloro- U083 78-87-5 Propane, 1,2-dichloro- U149 109-77-3 Propanedinitrile U171 79-46-9 Propane, 2-nitro- (I, T)

U027 108-60-1 Propane, 2,2'oxybis[2-chloro- U193 1120-71-4 1,3-Propane sultone See F027 93-72-1 Propionic acid, 2-(2,4,5-trichlorphenoxy)- U235 126-72-7 1-Propanol, 2,3-dibromo-, phosphate (3:1)

U140 78-83-1 1-Propanol, 2-methyl- (I, T)

U002 67-64-1 2-Propanone (I)

U007 79-06-1 2-Propenamide U084 542-75-6 Propene, 1,3-dichloro- U243 1888-71-7 1-Propene, 1,1,2,3,3,3-hexachloro- U009 107-13-1 2-Propenenitrile U152 126-98-7 2-Propenenitrile, 2-methyl- (I, T)

U008 79-10-7 2-Propenoic acid (I)

U113 140-88-5 2-Propenoic acid, ethyl ester (I)

U118 97-63-2 2-Propenoic acid, 2-methyl-, ethyl ester U162 80-62-6 2-Propenoic acid, 2-methyl-, methyl ester (I, T)

U373 122-42-9 Propham U411 114-26-1 Propoxur U194 107-10-8 n-Propylamine (I, T)

U083 78-87-5 Propylene dichloride U387 52888-80-9 Prosulfocarb U148 123-33-1 3,6-Pyridazinedione, 1,2-dihydro- U196 110-86-1 Pyridine U191 109-06-8 Pyridine, 2-methyl- U237 66-75-1 2,4-(1H,3H)-Pyrimidinedione, 5-[bis(2chloroethyl)amino]- U164 56-04-2 4(1H)-Pyrimidinone, 2,3-dihydro-6-methyl-2thioxo- TABLE 205b EPA Hazardous Waste Number Chemical Abstract Services Number Substance Hazard Code U180 930-55-2 Pyrrole, tetrahydro-N-nitroso- U200 50-55-5 Reserpine U201 108-46-3 Resorcinol U203 94-59-7 Safrole U204 7783-00-8 Selenious acid or selenium dioxide U205 7488-56-4 Selenium sulfide or selenium sulfide SeS (R, T)

U015 115-02-6 L-Serine, diazoacetate (ester)

See F027 93-72-1 Silvex U206 18883-66-4 Streptozotocin U103 77-78-1 Sulfuric acid, dimethyl ester U189 1314-80-3 Sulfur phosphide (R)

See F027 93-76-5 2,4,5-T U207 95-94-3 1,2,4,5-Tetrachlorobenzene U208 630-20-6 1,1,1,2-Tetrachloroethane U209 79-34-5 1,1,2,2-Tetrachloroethane U210 127-18-4 Tetrachloroethylene See F027 58-90-2 2,3,4,6-Tetrachlorophenol U213 109-99-9 Tetrahydrofuran (I)

U214 563-68-8 Thallium (I) acetate U215 6533-73-9 Thallium (I) carbonate U216 7791-12-0 Thallium (I) chloride or thallium chloride TlCl U217 10102-45-1 Thallium (I) nitrate U218 62-55-5 Thioacetamide U410 59669-26-0 Thiodicarb U153 74-93-1 Thiomethanol (I, T)

U244 137-26-8 Thioperoxydicarbonic diamide [(H N)C(S)] , tetramethyl- U409 23564-05-8 Thiophanate-methyl U219 62-56-6 Thiourea U244 137-26-8 Thiram U220 108-88-3 Toluene U221 25376-45-8 Toluenediamine U223 26471-62-5 Toluene diisocyanate (R, T)

U328 95-53-4 o-Toluidine U353 106-49-0 p-Toluidine U222 636-21-5 o-Toluidine hydrochloride U389 2303-17-5 Triallate U011 61-82-5 1H-1,2,4-Triazol-3-amine U227 79-00-5 1,1,2-Trichloroethane TABLE 205b EPA Hazardous Waste Number Chemical Abstract Services Number Substance Hazard Code U228 79-01-6 Trichloroethylene U121 75-69-4 Trichloromonofluoromethane See F027 95-95-4 2,4,5-Trichlorophenol See F027 88-06-2 2,4,6-Trichlorophenol U404 121-44-8 Triethylamine U234 99-35-4 1,3,5-Trinitrobenzene (R, T)

U182 123-63-7 1,3,5-Trioxane, 2,4,6-trimethyl- U235 126-72-7 Tris(2,3-Dibromopropyl) phosphate U236 72-57-1 Trypan blue U237 66-75-1 Uracil mustard U176 759-73-9 Urea, N-ethyl-N-nitroso- U177 684-93-5 Urea, N-methyl-N-nitroso- U043 75-01-4 Vinyl chloride U248 81-81-2 Warfarin, and salts, when present at a concentration of 0.3% or less U239 1330-20-7 Xylene (I)

U200 50-55-5 Yohimban-16-carboxylic acid, 11,17-dimethoxy- 18-[(3,4,5-trimethoxy-benzoyl)oxy]-, methyl ester U249 1314-84-7 Zinc phosphide, when present at concentration 10% or less

2025 AACS.

**History**
- *History: 1988 AACS; 1991 AACS; 1994 AACS; 1996 AACS; 2008 AACS; 2013 AACS; 2017 AACS;*

##### **Mich. Admin. Code R 299.9226** Table 205c; discarded commercial chemical products; off-specification species; container residues; and spill residues thereof as toxic hazardous wastes {#sec-r-299.9226 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9226}

Rule 226. Table 205c reads as follows:

TABLE 205c Michigan Hazardous Waste Number Chemical Abstract Services Number Substance Hazard Code 001U 50-76-0 Actinomycin D 002U 107-05-1 Allyl chloride 003U 117-79-3 2-aminoanthraquinone 004U 60-09-3 Aminoazobenzene 005U 97-56-3 O-aminoazotoluene TABLE 205c Michigan Hazardous Waste Number Chemical Abstract Services Number Substance Hazard Code 007U 132-32-1 3-amino-9-ethyl carbazole 011U 90-04-0 o-Anisidine 012U 134-29-2 o-Anisidine hydrochloride 014U 1397-94-0 Antimycin A 020U 1689-84-5 Bromoxynil 160U 106-99-0 1,3-Butadiene 023U 133-06-2 Captan 027U 786-19-6 Carbophenothion 029U 2921-88-2 Chloropyrifos 032U 7782-50-5 Chlorine gas 033U 107-07-3 2-Chloroethanol 150U 106-48-9 p-chlorophenol 036U 5131-60-2 4-chloro-m-phenylenediamine 038U 126-99-8 Chloroprene 151U 96-79-4 5-chloro-o-toluidene 040U 1420-04-8 Clonitralid 042U 56-72-4 Coumaphos 046U 66-81-9 Cycloheximide 051U 333-41-5 Diazinon 052U 117-80-6 Dichlone 054U 62-73-7 Dichlorvos 056U 64-67-5 Diethyl sulfate 165U 105-55-5 N,N'-Diethylthiourea 057U 39300-45-3 Dinocap 061U 563-12-2 Ethion 068U 680-31-9 Hexamethyl phosphoramide 070U 123-31-9 Hydroquinone 073U 54-85-3 Isonicotinic acid hydrazide 074U 463-51-4 Ketene 075U 78-97-7 Lactonitril 076U 21609-90-5 Leptophos 078U 569-64-2 Malachite green 079U 121-75-5 Malathion 086U 90-12-0 1-Methylnaphthalene 094U 300-76-5 Naled 097U 61-57-4 Niridazole 098U 139-94-6 Nithiazide 100U 99-59-2 Nitro-o-anisidine 104U 51-75-2 Nitrogen mustard TABLE 205c Michigan Hazardous Waste Number Chemical Abstract Services Number Substance Hazard Code 106U 156-10-5 p-Nitrosodiphenylamine 108U 135-20-6 N-nitroso-N-phenylhydroxylamine, ammonium salt 169U 29082-74-4 Octachlorostyrene 110U 301-12-2 Oxydemeton-methyl 111U 1910-42-5 Paraquat dichloride 112U 79-21-0 Peroxyacetic acid 113U 136-40-3 Phenazopyridine hydrochloride 115U 50-06-6 Phenobarbitol 116U 57-41-0 Phenytoin 117U 630-93-3 Phenytoin sodium 118U 4104-14-7 Phosazetim 119U 732-11-6 Phosmet 124U 57-57-8 Propiolactone 127U 51-52-5 Propylthiouracil 128U 83-749-4 Rotenone 129U 57-56-7 Semicarbazide 170U 563-41-7 Semicarbazide hydrochloride 131U 100-42-5 Styrene 136U 13071-79-9 Terbufos 138U 139-65-1 4,4'-Thiodianiline 154U 56-35-9 Bis(tri-n-butyl tin) oxide 171U 688-73-3 Tributyltin (and other salts and esters) 142U 1582-09-8 Trifluralin 143U 137-17-7 2,4,5-Trimethylaniline 175U 593-60-2 Vinyl bromide

2020 AACS; 2025 AACS.

**History**
- *History: 1988 AACS; 1989 AACS; 1994 AACS; 2004 AACS; 2008 AACS; 2013 AACS; 2017 AACS;*

##### **Mich. Admin. Code R 299.9227** Deletion of certain hazardous waste numbers after equipment cleaning and replacement {#sec-r-299.9227 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9227}

Rule 227. (1) Wastes from wood preserving processes at plants that do not resume or initiate the use of chlorophenolic preservatives will not meet the listing description of F032 once the generator has met all the requirements of subrules (2) to (5) of this rule. These wastes may, however, continue to meet another hazardous waste listing description or may exhibit 1 or more of the hazardous waste characteristics.

(2) Generators shall either clean or replace all process equipment that may have come into contact with chlorophenolic formulations or constituents thereof, including, but not limited to, treatment cylinders, sumps, tanks, piping systems, drip pads, forklifts, and trams, in a manner that minimizes or eliminates the escape of hazardous waste or constituents, leachate, contaminated drippage, or hazardous waste decomposition products to the environment. In cleaning or replacing the process equipment, the generator shall do 1 of the following:

(a) Prepare and follow a process equipment cleaning plan and clean process equipment in accordance with the provisions of subrule (3) of this rule.

(b) Prepare and follow a process equipment replacement plan and replace process equipment in accordance with the provisions of subrule (4) of this rule.

(c) Document that previous process equipment cleaning or replacement, or both, was performed in accordance with the provisions of subrule (3) or (4), or both, of this rule and occurred after cessation of the use of chlorophenolic preservatives.

(3) In cleaning the process equipment that may have come into contact with chlorophenolic formulations, the generator shall do all the following:

(a) Prepare and sign a written process equipment cleaning plan that describes all the following:

(i) The process equipment to be cleaned.

(ii) The process equipment cleaning method or methods.

(iii) The solvent to be used in cleaning the process equipment.

(iv) How the solvent rinses will be tested.

(v) How the cleaning residues will be managed and disposed of.

(b) Clean the process equipment as follows:

(i) Remove all visible residues from the process equipment.

(ii) Rinse process equipment with an appropriate solvent until dioxins and dibenzofurans are not detected in the final solvent rinse.

(d) Manage all residues from the cleaning process as F032 waste.

(4) In replacing the process equipment that may have come into contact with chlorophenolic formulations, the generator shall do both of the following:

(a) Prepare and sign a written process equipment replacement plan that describes all the following:

(i) The process equipment to be replaced.

(ii) The process equipment replacement method or methods.

(iii) How the process equipment will be managed and disposed of.

(b) Manage the discarded process equipment as F032 waste.

(5) The generator shall maintain all the following information that documents the cleaning and replacement activities as part of the operating record:

(a) The name and address of the plant.

(b) Formulations previously used and the date on which their use ceased in each process at the plant.

(d) The equipment cleaning or replacement plan.

(e) The name and address of any persons that conducted the cleaning and replacement.

(f) The dates the cleaning and replacement were accomplished.

(g) The dates of sampling and testing.

(h) A description of the sampling handling and preparation techniques, including the techniques that are used for all the following:

(i) Extraction.

(ii) Containerization.

(iii) Preservation.

(iv) Chain-of-custody of the samples.

(i) A description of the tests performed, the date the tests were performed, and the results of the tests.

(j) The names and model numbers of the instruments used in performing the tests.

(k) Quality assurance and quality control documentation.

(l) A statement that is signed by the generator or the generator's authorized representative and contains the following language: "I certify under penalty of law that all process equipment required to be cleaned or replaced under R 299.9227 was cleaned or replaced as represented in the equipment cleaning and/or replacement plan and accompanying documentation. I am aware that there are significant penalties for providing false information, including the possibility of fine or imprisonment."

(6) The provisions of 40 CFR 261.35(b)(2)(iii) are adopted by reference in R 299.11003.

**History**
- *History: 1994 AACS; 2008 AACS; 2017 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 299.9228** Universal wastes {#sec-r-299.9228 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9228}

Rule 228. (1) This rule provides an alternate set of standards under which universal wastes may be managed instead of full regulation as hazardous waste under these rules. The requirements of this rule apply to the universal wastes identified in this subrule and to persons managing the universal wastes. Universal wastes that are not managed pursuant to this rule are subject to full regulation as hazardous waste under these rules. Except as provided in subrule (2) of this rule, all the following universal wastes are exempt from full regulation as hazardous waste under these rules if they are managed pursuant to the requirements of this rule:

(a) A battery, including a spent lead-acid battery that is not managed pursuant to R 299.9804.

(b) A pesticide, including both of the following:

(i) A recalled pesticide, including the following:

(A) A stock of a suspended and cancelled pesticide that is part of a voluntary or mandatory recall under section 19(b) of the FIFRA, 7 USC 136q, including, but not limited to, a stock owned by the registrant responsible for conducting the recall.

(B) A stock of a suspended or cancelled pesticide, or of a pesticide that does not comply with the FIFRA, that is part of a voluntary recall by the registrant.

(ii) A stock of an unused pesticide product other than a product specified in paragraph (i) of this subdivision that is collected and managed as part of a waste pesticide collection program.

(d) A mercury switch.

(e) A mercury thermometer.

(f) A waste device, or part of a device, that contains only elemental mercury as the hazardous waste constituent and the elemental mercury is integral to its function.

(g) A lamp.

(h) Consumer electronics.

(i) Antifreeze.

(j) An aerosol can.

(2) The requirements of this rule do not apply to any of the following:

(a) A spent lead-acid battery that is managed pursuant to R 299.9804.

(b) A battery that is not a waste under part 2 of these rules. A used battery becomes a waste when it is discarded. An unused battery becomes a waste on the date the universal waste handler decides to discard it.

(c) A battery that is not hazardous waste. A battery is a hazardous waste if it exhibits 1 or more of the hazardous characteristics identified in R 299.9212.

(d) A pesticide identified in subrule (1) of this rule that is managed by farmers in compliance with R 299.9204(3)(b).

(e) A pesticide that does not meet the requirements in subrule (1) of this rule. The pesticide must be managed pursuant to parts 2 to 8 of these rules, except that aerosol cans that contain pesticides may be managed as aerosol cans universal waste under this rule.

(f) A pesticide that is not a waste under part 2 of these rules. A recalled pesticide becomes a waste on the first date the generator of the pesticide agrees to participate in the recall and the person conducting the recall decides to discard the pesticide. An unused pesticide becomes a waste on the date that the generator decides to discard it. The following pesticides are not wastes:

(i) A recalled pesticide if the person conducting the recall complies with either of the following provisions:

(A) The person has not decided to discard the pesticide. Until a decision is made, the pesticide does not meet the definition of a waste under R 299.9202 and, therefore, is not considered a hazardous waste subject to regulations under these rules. The pesticide remains subject to the requirements of the FIFRA.

(B) The person has decided to use a management option that does not result in the pesticide meeting the definition of a waste under R 299.9202. The pesticide, including a recalled pesticide that is exported to a foreign destination for use or reuse, remains subject to the requirements of the FIFRA.

(ii) An unused pesticide product if the generator of the unused pesticide product has not decided to discard the product. The pesticide product remains subject to the requirements of the FIFRA.

(g) A pesticide that is not hazardous waste. A pesticide is a hazardous waste if it is listed under R 299.9213 or R 299.9214 or if it exhibits 1 or more of the hazardous characteristics identified in R 299.9212.

(h) A thermostat, mercury switch, mercury thermometer, or a waste device that contains only elemental mercury as the hazardous waste constituent that is not a waste under part 2 of these rules. A used thermostat, mercury switch, mercury thermometer, or a used waste device that contains only elemental mercury as the hazardous waste constituent becomes a waste on the date it is discarded.An unused thermostat, mercury switch, mercury thermometer, and an unused waste device that contains only elemental mercury as the hazardous waste constituent becomes a waste on the date that the universal waste handler decides to discard it.

(i) A thermostat, mercury switch, mercury thermometer, and a waste device that contains only elemental mercury as the hazardous waste constituent that is not hazardous waste. A thermostat, mercury switch, mercury thermometer, and a waste device that contains only elemental mercury as the hazardous waste constituent is a hazardous waste if it exhibits 1 or more of the hazardous characteristics identified in R 299.9212.

(j) A lamp that is not a waste under part 2 of these rules. A used lamp becomes a waste on the date that the universal waste handler permanently removes it from its fixture. An unused lamp becomes a waste on the date that the universal waste handler decides to discard it.

(k) A lamp that is not a hazardous waste. A lamp is a hazardous waste if it exhibits 1 or more of the hazardous characteristics identified in R 299.9212.

(l) Consumer electronics that are not a waste under part 2 of these rules. A consumer electronic becomes a waste on the date that the universal waste handler decides to discard it.

(m) Consumer electronics that are not a hazardous waste. A consumer electronic is a hazardous waste if it is listed under R 299.9213 or R 299.214, or if it exhibits 1 or more hazardous waste characteristics under R 299.9212.

(n) Antifreeze that is not a waste under part 2 of these rules. Used antifreeze becomes a waste when it is discarded. Unused antifreeze becomes a waste on the date that the universal waste handler decides to discard it.

(o) Antifreeze that is not a hazardous waste. Antifreeze is a hazardous waste if it is listed in R 299.9213 or R 299.9214, or if it exhibits 1 or more hazardous waste characteristics under R 299.9212.

(p) Aerosol cans that are not a waste under part 2 of these rules. An unused aerosol can becomes a waste on the date the universal waste handler decides to discard it. A used aerosol can becomes a waste when it is discarded.

(q) Aerosol cans that are not a hazardous waste. An aerosol can is a hazardous waste if it contains a substance that is listed in R 299.9213 or R 299.9214, or if it exhibits 1 or more hazardous waste characteristics under R 299.9212.

(r) An aerosol can that is empty under R 299.9207.

(3) A person that manages household wastes that are exempt from regulation under R 299.9204(2)(a) and are also of the same type as the universal wastes identified in subrule (1) of this rule or very small quantity generator wastes that are exempt from regulation under R 299.9304 and are also of the same type as the universal wastes identified in subrule (1) of this rule may, at the person's option, manage the wastes under this rule. A person that commingles household wastes or very small quantity generator wastes with universal waste regulated pursuant to this rule shall manage the commingled waste under the requirements of this rule.

(4) A universal waste small quantity handler shall comply with all the following requirements:

(a) The requirements of 40 CFR part 273, subpart B, except 273.10 and 273.18(b).

(b) If the universal waste small quantity handler is self-transporting universal waste offsite, then the handler becomes the universal waste transporter for the self-transportation activities and shall comply with the requirements of subrule (6) of this rule while transporting the universal wastes.

(c) If the universal waste small quantity handler handles mercury switches, mercury thermometers, or waste devices that contain only elemental mercury as the hazardous waste constituent, then 40 CFR 273.13(c) applies to the mercury switches, mercury thermometers, and waste devices that contain only elemental mercury as the hazardous waste constituent.

(d) If the universal waste small quantity handler manages consumer electronics, then all the following additional requirements apply:

(i) The consumer electronics must be managed in a manner that prevents breakage or the release of any universal waste or components of universal waste by containing the consumer electronics in packaging that will prevent breakage during normal handling conditions.

(ii) Label the outer packaging or container with the words "universal waste consumer electronics" or "universal waste electronics."

(iii) Properly contain, classify, and dispose of releases and potential releases of consumer electronics and residues.

(e) A universal waste small quantity handler handling consumer electronics may perform any of the following activities and still be regulated as a universal waste small quantity handler:

(i) Repair the consumer electronics for potential direct reuse.

(ii) Remove other universal wastes from the consumer electronics.

(iii) Remove individual modular components for direct reuse.

(f) If the universal waste small quantity handler manages antifreeze, then all the following additional requirements must apply:

(i) The antifreeze must be managed in a manner that prevents releases of any universal waste or component of a universal waste to the environment.

(ii) The antifreeze must be contained in 1 or more of the following manners:

(A) A container that remains closed, except to add or remove universal waste, is structurally sound, is compatible with the antifreeze, and that lacks evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions.

(B) A container that does not meet the requirements of subparagraph (A) of this paragraph, if the container is overpacked in a container that does meet the requirements of subparagraph (A) of this paragraph.

(D) A transport vehicle or vessel that remains closed, except to add or remove universal waste, is structurally sound, is compatible with the antifreeze, and that lacks evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions.

(iii) If a release of antifreeze or a component of antifreeze occurs, the release must be immediately cleaned up and properly characterized for disposal.

(iv) The containers or tanks used to manage the antifreeze must be labeled with the words "universal waste antifreeze," "waste antifreeze," or "used antifreeze."

(5) A universal waste large quantity handler shall comply with all the following requirements:

(a) Maintain the universal waste large quantity handler designation through the end of the calendar year in which a total of 5,000 kilograms or more of universal waste is accumulated.

(b) The requirements of 40 CFR part 273, subpart C, except 273.30 and 273.38(b).

(c) If the universal waste large quantity handler is self-transporting universal waste off-site, then the handler becomes the universal waste transporter for the self-transportation activities and shall comply with the requirements of subrule (6) this rule while transporting the universal wastes.

(d) If the universal waste large quantity handler handles mercury switches, mercury thermometers, or waste devices that contain only elemental mercury as the hazardous waste constituent, then 40 CFR 273.33(c) applies to the mercury switches, mercury thermometers, and waste devices that contain only elemental mercury as the hazardous waste constituent.

(e) If the universal waste large quantity handler handles consumer electronics, all the additional requirements of subrules (4)(d) and (e) of this rule.

(f) If the universal waste large quantity handler handles antifreeze, all the additional requirements of subrule (4)(f) of this rule.

(6) A universal waste transporter shall comply with both of the following requirements:

(a) The requirements of 40 CFR part 273, subpart D, except 273.50 and 273.53.

(b) Store universal wastes at a universal waste transfer facility for 10 days or less. If the transporter stores universal wastes for more than 10 days, then the transporter becomes a universal waste handler and shall comply with the applicable requirements of subrules (4) and (5) of this rule while storing the universal wastes.

(7) Except as provided for in subrules (8) and (9) of this rule, an owner or operator of a destination facility shall comply with all the following requirements:

(a) The requirements of parts 5 to 8 of these rules and the notification requirements under section 3010 of RCRA, 42 USC 6930.

(b) The requirements of 40 CFR 273.61 and 273.62.

(c) The requirements of the act and these rules if the owner or operator generates waste as a result of recycling universal waste.

(8) An owner or operator of a destination facility that recycles a particular universal waste without storing the universal waste before recycling shall comply with R 299.9206(1)(c).

(9) An owner or operator of a destination facility that stores lamps before recycling the lamps at the facility shall comply with R 299.9206(5).

(10) A person that manages universal waste that is imported from a foreign country into the United States shall comply with the following applicable requirements immediately after the universal waste enters the United States:

(a) The requirements of subrule (4) of this rule if a small quantity handler of universal waste.

(b) The requirements of subrule (5) of this rule if a large quantity handler of universal waste.

(d) The requirements of subrules (7) to (9) of this rule if a universal waste destination facility.

(e) The requirements of this rule and R 299.9314 if managing universal waste that is imported from an OECD country.

(11) 40 CFR part 273, subparts B to E, except 273.10, 273.18(b), 273.30, 273.38(b), 273.50, 273.53, and 273.60, are adopted by reference in R 299.11003. For the purposes of adoption, the term "department" replaces the term "EPA," except in 40 CFR 273.32(a)(3); the term "director" replaces the term "regional administrator;" the term "R 299.9212" replaces the term "40 CFR part 261, subpart C;" the term "R 299.9302" replaces the term "40 CFR 262.11;" the term "R 299.9304, R 299.9305, R 299.9306, or R 299.9307" replaces the term “40 CFR 262.14, 15, 16, or 17;" the term "R 299.9305 to R 299.9307" replaces the term "§262.34;" the term "part 3 of these rules" replaces the term "40 CFR part 262;" and the term "parts 2 to 8 of these rules" replaces the term "40 CFR parts 260 through 272."

2025 AACS.

**History**
- *History: 1996 AACS; 1998 AACS; 2000 AACS; 2004 AACS; 2008 AACS; 2013 AACS; 2020 AACS;*

##### **Mich. Admin. Code R 299.9229** Petitions to amend list of universal wastes {#sec-r-299.9229 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9229}

Rule 229. (1) Except as provided for in subrule (4) of this rule, a person that seeks to add a hazardous waste or a category of hazardous waste to the list of universal wastes in R 299.9228 may petition the department for a regulatory amendment under this rule and 40 CFR 260.20.

(2) A petition filed pursuant this rule must include all the following:

(a) A demonstration that regulation under R 299.9228 is appropriate for the waste or category of waste.

(b) A demonstration that regulation under the provisions of R 299.9228 will improve the management practices for the waste or category of waste.

(c) A demonstration that regulation under the provisions of R 299.9228 will improve implementation of the hazardous waste management program.

(d) The information listed in 40 CFR 260.20(b).

(e) Information addressing the following factors as appropriate for the waste or category of waste:

(i) Whether the waste or category of waste, as generated by a wide variety of generators, is listed pursuant to the provisions of R 299.9213 or R 299.9214 or, if not listed, what proportion of the hazardous waste stream exhibits 1 or more of the hazardous characteristics identified in R 299.9212. If a characteristic hazardous waste is added to the list of universal wastes in R 299.9228 using a generic name to identify the waste category, then the definition of the universal waste must include only the hazardous waste portion of the waste category. Only the portion of the waste stream that exhibits 1 or more hazardous characteristics is subject to the universal waste requirements of R 299.9228.

(ii) Whether the waste or category of waste is commonly generated by a wide variety of establishments or is exclusive to a specific industry or group of industries.

(iii) Whether the waste or category of waste is generated by a large number of generators and is frequently generated in relatively small quantities by each generator.

(iv) Whether systems to be used for collecting the waste or category of waste would ensure close stewardship of the waste.

(v) Whether the risk posed by the waste or category of waste during accumulation and transport is relatively low compared to other hazardous wastes and whether specific management standards proposed or referenced by the petitioner are protective of human health and the environment during the accumulation and transport.

(vi) Whether regulation of the waste or category of waste under R 299.9228 will increase the likelihood that the waste will be diverted from nonhazardous waste management systems to recycling, treatment, or disposal in compliance with subtitle C of RCRA, USC 6921 to 6939g.

(vii) Whether regulation of the waste or category of waste under R 299.9228 will improve implementation of, and compliance with, the hazardous waste management program.

(viii) Other factors as may be appropriate.

(3) The department will evaluate and grant or deny a petition filed pursuant to this rule using the factors listed in subrule (2) of this rule. The department may require additional information as necessary to evaluate the merits of the petition. The decision to grant or deny a petition will be based on the weight of evidence showing that regulation under R 299.9228 is appropriate for the waste or category of waste, will improve management practices for the waste or category of waste, and will improve implementation of the hazardous waste management program.

(4) Hazardous waste pharmaceuticals are regulated by R 299.9824 to R 299.9833 and may not be added as a category of hazardous waste for management under this rule.

(5) The provisions of 40 CFR 260.20 are adopted by reference in R 299.11003.

**History**
- *History: 1996 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 299.9230** Rescinded {#sec-r-299.9230 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9230}

**History**
- *History: 2000 AACS; 2013 AACS; 2017 AACS.*

##### **Mich. Admin. Code R 299.9231** Exclusions and exemptions for CRTs {#sec-r-299.9231 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9231}

Rule 231. (1) Used, broken CRTs are not considered wastes before processing if all the following conditions are met:

(a) The CRTs are destined for recycling.

(b) The CRTs are stored in a building with a roof, floor, and walls or are placed in a container that is constructed, filled, and closed to minimize the release of CRT glass, including fine solid materials, to the environment.

(c) Each container in which the CRTs are contained is labeled or marked clearly with the phrase "Do not mix with other glass materials" and either "Used cathode ray tube(s)-contains leaded glass" or "Leaded glass from televisions or computers."

(d) The CRTs are transported in a container that is constructed, filled, and closed to minimize the release of CRT glass, including fine solid materials, to the environment and the container is labeled in accordance with the requirements of subdivision (c) of this subrule.

(e) The CRTs are not speculatively accumulated or used in a manner constituting disposal. If the CRTs are used in a manner constituting disposal, they must be managed in accordance with R 299.9801.

(f) The AES filing compliance date and requirements for CRT exporters in 40 CFR 261.39(a)(5) if the CRTs are being exported.

(2) Used, broken CRTs undergoing processing are not considered wastes if all the following conditions are met:

(a) The requirements of subrule (1)(e) of this rule.

(b) All CRT processing must be performed within a building with a roof, floor, and walls.

(3) Glass from used CRTs that is destined for recycling at a CRT glass manufacturer or lead smelter after processing is not a waste unless it is speculatively accumulated.

(4) Glass from used CRTs that is used in a manner constituting disposal is not excluded from regulation under this rule and is subject to the requirements of R 299.9801.

(5) Used, intact CRTs exported for recycling are not considered wastes if all the following conditions are met:

(a) The AES filing compliance date and requirements for CRT exporters in 40 CFR 261.39(a)(5).

(b) The CRTs are not speculatively accumulated.

(6) CRT exporters who export used, intact CRTs for reuse shall comply with the requirements of 40 CFR 261.41.

(7) The provisions of 40 CFR 261.39(a)(5) and 261.41 are adopted by reference in R 299.11003. For the purposes of these adoptions, the term "site identification number" replaces the term "EPA ID number."

**History**
- *History: 2008 AACS; 2017 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 299.9232** Legitimate recycling of hazardous secondary materials {#sec-r-299.9232 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9232}

Rule 232. (1) The recycling of a hazardous secondary material for exclusion or exemption from the regulation as a hazardous waste must be legitimate. A hazardous secondary material that is not legitimately recycled is a discarded material and, therefore, a waste. In determining if the recycling is legitimate, a person shall address all the following requirements and consider the requirements of subrule (2) of this rule.

(a) Legitimate recycling must involve a hazardous secondary material that provides a useful contribution to the recycling process or to a product or intermediate of the recycling process. A hazardous secondary material provides a useful contribution if it meets 1 of the following requirements:

(i) It contributes a valuable ingredient to a product or intermediate.

(ii) It replaces a catalyst or carrier in the recycling process.

(iii) It is the source of a valuable constituent recovered in the recycling process.

(iv) It is recovered or regenerated by the recycling process.

(v) It is used as an effective substitute for a commercial product.

(b) The recycling process must produce a valuable product or intermediate. A product or intermediate is valuable if it meets 1 of the following requirements:

(i) It is sold to a third party.

(ii) It is used by the recycler or the generator as an effective substitute for a commercial product or as an ingredient or intermediate in an industrial process.

(c) The generator and the recycler shall manage the hazardous secondary material as a valuable commodity when it is under their control. If there is an analogous raw material, the hazardous secondary material must be managed, at a minimum, in a manner consistent with the management of the raw material or in an equally protective manner. If there is no analogous raw material, the hazardous secondary material must be contained. A hazardous secondary material that is released to the environment and is not recovered immediately is discarded.

(2) A person making a determination regarding the legitimacy of a specific recycling activity shall consider the following factors:

(a) The product of the recycling process does not do any of the following:

(i) Contain significant concentrations of any hazardous constituents found in 40 CFR part 261, appendix VIII at levels that are not found in analogous products.

(ii) Contain concentrations of hazardous constituents found in 40 CFR part 261, appendix VIII at levels that are significantly elevated from those found in analogous products.

(iii) Exhibit a hazardous characteristic as defined in R 299.9212 that analogous products do not exhibit.

(b) In determining that a hazardous secondary material is legitimately recycled, a person shall evaluate all factors and consider the legitimacy as a whole. If the evaluation of the considerations in subdivision (a) of this subrule indicate that the factor is not met, it may be an indication that the material is not legitimately recycled. The factor in subdivision (a) of this subrule does not have to be met for the recycling to be considered legitimate. In evaluating the extent to which this factor is met and in determining whether a process that does not meet this factor is still legitimate, persons may consider exposure from toxics in the product, the bioavailability of the toxics in the product, and other relevant considerations.

**History**
- *History: 2017 AACS; 2020 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 299.9233** Standards applicable to hazardous secondary materials excluded under the remanufacturing exclusion {#sec-r-299.9233 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9233}

Rule 233. (1) Hazardous secondary materials excluded under the remanufacturing exclusion in R 299.9204(1)(cc) and stored in containers must be managed in accordance with 40 CFR part 261, subpart I.

(2) Hazardous secondary materials excluded under the remanufacturing exclusion in R 299.9204(1)(cc) and stored or treated in tank systems must be managed in accordance with 40 CFR part 261, subpart J.

(3) Hazardous secondary materials excluded under the remanufacturing exclusion in R 299.9204(1)(cc) must be managed in compliance with the applicable regulations under 40 CFR part 261, subparts AA, BB, and CC.

(4) The provisions of 40 CFR part 261, subparts I, J, AA, BB, and CC are adopted by reference in R 299.11003. For the purposes of this adoption, the reference "R 299.9204(1)(cc)" replaces the reference to "§261.4(a)(27)," the reference "R 299.9108" replaces the reference to "§260.10" with respect to tank systems, the word "director" replaces the words "regional administrator," the words "these rules" replace the words "parts 261 through 266, 268, 270, 271, and 124 of this chapter," the reference "R 299.11002" replaces the reference to "§260.11" with respect to NFPA documents, the words "part 5 of these rules" replace the reference to "40 CFR part 270," the words "40 CFR part 266, subpart H and R 299.9808" replace the reference to "40 CFR part 266, subpart H," the reference "R 299.11001" replaces reference to "§260.11" with respect to APTI courses, ASTM methods, and American Petroleum Institute Publications, and the words "parts 1 to 8 of these rules" replace the references to "40 CFR parts 260-266" and "40 CFR parts 260 through 266 of this chapter."

**History**
- *History: 2017 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 299.9234** Standards applicable to hazardous secondary materials excluded under the reclamation exclusion {#sec-r-299.9234 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9234}

Rule 234. (1) Hazardous secondary materials excluded under the reclamation exclusions in R 299.9204(1)(aa) or (bb) must be managed in accordance with 40 CFR part 261, subpart M.

(2) The provisions of 40 CFR part 261, subpart M are adopted by reference in R 299.11003. For the purposes of this adoption, the reference "R 299.9204(1)(aa) or (bb)" replaces the reference to "§261.4(a)(23) and/or (24)," the word "director" replaces the words "regional administrator," and the words "parts 3, 4, and 6 of these rules" replace the words "parts 262, 263, and 265 of this chapter."

PART 3. GENERATORS OF HAZARDOUS WASTE

**History**
- *History: 2017 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 299.9301** Applicability {#sec-r-299.9301 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9301}

Rule 301. (1) This part of these rules establishes requirements for generators of hazardous waste. A person that generates hazardous waste shall comply with all the following independent requirements:

(a) For a very small quantity generator, the requirements of R 299.9302(1) and R 299.9303.

(b) For a small quantity generator, the requirements of R 299.9302, R 299.9303, R 299.9308 to R 299.9310, R 299.9311(1), and R 299.9314.

(c) For a large quantity generator, the requirements of R 299.9302, R 299.9303, R 299.9308 to R 299.9312, and R 299.9314.

(2) A generator shall use the provisions of R 299.9303 to determine the applicability of the requirements of this part that are dependent on calculations of the quantity of hazardous waste generated each calendar month.

(3) A generator that treats, stores, or disposes of hazardous waste on-site shall comply with the R 299.9302, R 299.9305 to R 299.9308, R 299.9311, and R 299.9312 and the applicable requirements of parts 5, 6, 7, and 8 of these rules.

(4) Any person that imports hazardous waste into the United States shall comply with the standards in this part that are applicable to generators.

(5) An owner or operator that initiates a shipment of hazardous waste from a treatment, storage, or disposal facility shall comply with the generator standards established in this part.

(6) In addition to complying with this part, a generator that uses their own vehicle to transport hazardous waste shall comply with the applicable requirements of part 4 of these rules.

(7) Any person that exports or imports hazardous wastes shall comply with R 299.9308 and R 299.9314.

(8) Persons responding to an explosives or munitions emergency in accordance with R 299.9503(2) are not required to comply with the standards in this part.

(9) Laboratories owned by an eligible academic entity that chose to be subject to R 299.9313 are not subject to the following requirements:

(a) The independent requirements of R 299.9302, R 299.9305, and R 299.9311(1), except as provided in R 299.9315.

(b) R 299.9304, except as provided in R 299.9315.

(10) All reverse distributors are subject to R 299.9824 to R 299.9833 for the management of hazardous waste pharmaceuticals instead of part 3 of these rules.

(11) Each healthcare facility must determine if it is subject to R 299.99824 to R 299.9833 for the management of hazardous waste pharmaceuticals, based on the total amount of hazardous waste it generates per calendar month, including both hazardous waste pharmaceuticals and non-pharmaceutical hazardous waste. A healthcare facility that generates more than 100 kilograms of hazardous waste per calendar month, or more than 1 kilogram of acute or severely toxic hazardous waste per calendar month, or more than 100 kilograms per calendar month of any residue or contaminated soil, water, or other debris, resulting from the clean-up of a spill, into or on any land or water, of any acute or severely toxic hazardous wastes listed in these rules is subject to R 299.9824 to R 299.9833 instead of part 3 of these rules. A healthcare facility that is a very small quantity generator when counting all its hazardous waste, including both its hazardous waste pharmaceuticals and its non-pharmaceutical hazardous waste, is subject to R 299.9304, the optional provisions of R 299.9827, R 299.9828, and R 299.9830.

2020 AACS; 2025 AACS.

**History**
- *History: 1985 AACS; 1988 AACS; 1994 AACS; 1996 AACS; 1998 AACS; 2000 AACS; 2013 AACS;*

##### **Mich. Admin. Code R 299.9302** Hazardous waste determination {#sec-r-299.9302 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9302}

Rule 302. (1) A person that generates a waste as defined in R 299.9202 shall make an accurate determination if that waste is a hazardous waste to ensure the waste is properly managed under these rules. A hazardous waste determination must be made using the following method:

(a) The hazardous waste determination for each waste must be made at the point of waste generation, before dilution, mixing, or other alteration of the waste occurs, and at any time in the course of its management that it has, or may have, changed its properties as a result of exposure to the environment or other factors that may change the properties of the waste so that the classification of the waste under these rules may change.

(b) A generator shall determine if the waste is excluded from regulation under R 299.9204(1) or (2).

(c) If the waste is not excluded, the generator shall determine if the waste is listed as hazardous under R 299.9213 and R 299.9214. Acceptable knowledge that may be used in making an accurate determination if the waste is listed may include the waste origin, composition, the process producing the waste, feedstock, and other reliable and relevant information. If the waste is listed, the generator may file a delisting petition under 40 CFR 260.20 and 260.22 to demonstrate that the waste from this specific site or operation is not a hazardous waste.

(d) The generator shall determine if the waste meets 1 or more of the characteristics of hazardous waste under R 299.9212 by doing either of the following, or a combination of both:

(i) Applying knowledge of the hazardous characteristics of the waste given the materials or processes used to generate the waste. Acceptable knowledge that may be used in making an accurate determination if the waste exhibits 1 or more characteristics of a hazardous waste includes process knowledge; feedstocks and other process inputs; knowledge of products, by-products, and intermediates produced by the manufacturing process; chemical or physical characterization of the wastes; information on the chemical and physical properties of the chemicals used or produced by the process or otherwise contained in the waste; testing that illustrates the properties of the waste; or other reliable and relevant information about the properties of the waste or its constituents. A test other than a test method set forth in R 299.9212 or according to an equivalent method approved by the director under R 299.9215 may be used as part of the generator’s knowledge to determine if a waste exhibits a characteristic of a hazardous waste. The tests do not, by themselves, provide definitive results. Any test results that a generator may use for this determination must be based on testing that was conducted using representative samples of the waste.

(ii) If available knowledge is inadequate to make an accurate determination, the generator shall test the waste according to the methods set forth in R 299.9212 or according to an equivalent method approved by the director under R 299.9215 and in accordance with the following:

(A) A generator testing their own waste shall obtain a representative sample of the waste for testing.

(B) If the test method is set forth in R 299.9212 or approved under R 299.9215, the results of the regulatory test, if properly performed, are definitive for determining the regulatory status of the waste.

(2) If the waste is determined to be hazardous, the generator shall refer to parts 2 to 6 and 8 of these rules for possible exclusions or restrictions that pertain to the management of the specific waste.

(3) If the waste is determined to be hazardous, then both small and large quantity generators shall identify all applicable hazardous waste numbers.

(4) If the general character of a waste changes due to changes in the materials or processes involved in its generation, the evaluation under subrule (1) of this rule must be repeated immediately by the generator.

**History**
- *History: 1985 AACS; 1988 AACS; 1994 AACS; 2020 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 299.9303** Generator category determination {#sec-r-299.9303 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9303}

Rule 303. (1) A generator shall determine its generator category. A generator’s category is based on the amount of hazardous waste generated each month and may change from month to month. This rule sets forth procedures to determine whether a generator is a very small quantity generator, a small quantity generator, or a large quantity generator for a particular month.

TABLE 1

Generator Categories Based on Quantity of Waste Generated in a Calendar Month Acute Non-acute Severely Residues from Hazardous Waste Hazardous Waste Toxic Hazardous Waste Cleanup of Acute or Severely Toxic Hazardous Waste Generator Category > 1 kilogram Any amount > 1 kilogram Any amount Large quantity generator Any amount ≥ 1,000 kilograms Any amount Any amount Large quantity generator Any amount Any amount Any amount > 100 kilograms Large quantity generator ≤ 1 kilogram > 100 kilograms and < 1,000 kilograms ≤ 1 kilogram ≤ 100 kilograms Small quantity generator ≤ 1 kilogram ≤ 100 kilograms ≤ 1 kilogram ≤ 100 kilograms Very small quantity generator (2) A generator that generates acute hazardous waste, non-acute hazardous waste, or severely toxic hazardous waste in a calendar month shall determine its generator category for that month by doing all the following.

(a) Counting the total amount of hazardous waste generated in the calendar month.

(b) Subtracting from the total any amounts of waste exempt from counting as described in subrules (4) and (5) of this rule.

(3) A generator that generates acute or severely toxic hazardous waste and non-acute hazardous waste in the same calendar month shall determine its generator category for that month by doing all the following:

(a) Counting separately the total amount of acute hazardous waste, the total amount of severely toxic hazardous waste, and the total amount of non-acute hazardous waste generated in the calendar month.

(b) Subtracting from each total any amounts of waste exempt from counting as described in subrules (4) and (5) of this rule.

(c) Determining separately the resulting generator categories for the quantities of acute hazardous waste, severely toxic hazardous waste, and non-acute hazardous waste generated using table 1 of this rule.

(d) Comparing the resulting generator categories from subdivision (c) of this subrule and applying the more stringent generator category to the accumulation and management of both non-acute hazardous waste and acute or severely toxic hazardous waste generated for that month.

(4) When making the monthly quantity-based determinations required by this rule, the generator shall include all hazardous waste that it generates, except hazardous waste that meets 1 of the following:

(a) Is exempt from regulation under R 299.9204(3) to (10), R 299.9206(3), or R 299.9207(1).

(b) Is managed immediately upon generation only in on-site elementary neutralization units, wastewater treatment units, or totally enclosed treatment facilities.

(c) Is recycled, without prior storage or accumulation, only in an on-site process subject to regulation under R 299.9206(1)(c).

(d) Is used oil managed under R 299.9206(4) and R 299.9809 to R 299.9816.

(e) Is spent lead-acid batteries managed under R 299.9804.

(f) Is universal waste managed under R 299.9228.

(g) Is a hazardous waste that is an unused commercial chemical product listed in part 2 of these rules or exhibits 1 or more characteristics in R 299.9212, that is generated solely because of a laboratory clean-out conducted at an eligible academic entity under R 299.9315.

(h) Is managed as part of an episodic event in compliance with R 299.9316.

(i) Is a hazardous waste pharmaceutical, that is subject to or managed in accordance with R 299.9824 to R 299.9833 or is a hazardous waste pharmaceutical that is also a Drug Enforcement Administration controlled substance and is conditionally exempt under R 299.9829.

(5) In determining the quantity of hazardous waste generated in a calendar month, a generator need not include any of the following:

(a) Hazardous waste when it is removed from on-site accumulation if the hazardous waste was previously counted once.

(b) Hazardous waste generated by onsite treatment, including reclamation, of the generator’s hazardous waste if the hazardous waste that is treated was previously counted once.

(c) Hazardous waste spent materials that are generated, reclaimed, and subsequently reused on-site if the spent materials have been previously counted once.

(6) Based on the generator category determined under this rule, the generator shall meet all the applicable independent requirements listed in R 299.9301. A generator’s category also determines which provisions of R 299.9301 to R 299.9307 must be met to obtain an exemption from the licensing, interim status, and operating requirements when accumulating hazardous waste.

(7) Hazardous wastes generated by a very small quantity generator may be mixed with wastes. Very small quantity generators may mix a portion or all its hazardous waste with waste and remain subject to R 299.9304 even though the resultant mixture exceeds the quantity limits identified in the definition of very small quantity generator, unless the mixture exhibits 1 or more of the characteristics of hazardous waste identified in R 299.9212. If the resulting mixture exhibits a characteristic of a hazardous waste, the resultant mixture is a newly generated hazardous waste. The very small quantity generator shall count both the resultant mixture amount plus the other hazardous waste generated in the calendar month to determine if the total quantity exceeds the very small generator calendar month quantity limits identified in the definition of generator categories. If so, to remain exempt from the licensing, interim status, and operating standards, the very small quantity generator shall meet the conditions for exemption applicable to either a small quantity generator or a large quantity generator. The very small quantity generator shall meet the independent requirements for either a small quantity generator or a large quantity generator. If a very small quantity generator’s wastes are mixed with used oil, the mixture is subject to part 8 of these rules. Any material produced from a mixture by processing, blending, or other treatment is also regulated under part 8 of these rules.

(8) Hazardous wastes generated by a small quantity generator or large quantity generator may be mixed with waste. These mixtures are subject to the mixture rule in R 299.9203(1)(c), (2)(b) and (c), and (7); the prohibition of dilution rule in 40 CFR 268.3(a); the land disposal restriction requirements in 40 CFR 268.40 if a characteristic hazardous waste is mixed with a waste so that it no longer exhibits the hazardous characteristic; and the hazardous waste determination requirement in R 299.9302. If the resulting mixture is a hazardous waste, the resultant mixture is a newly generated hazardous waste. A small quantity generator shall count both the resultant mixture amount and the other hazardous waste generated in the calendar month to determine if the total quantity exceeds the small quantity generator calendar monthly quantity limits identified in the definition of generator categories. If so, to remain exempt from the licensing, interim status, and operating standards, the small quantity generator shall meet the conditions for exemption applicable to a large quantity generator. The small quantity generator shall also comply with the applicable independent requirements for a large quantity generator.

**History**
- *History: 1985 AACS; 1996 AACS; 1998 AACS; 2004 AACS; 2020 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 299.9304** Conditions for exemption for very small quantity generators {#sec-r-299.9304 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9304}

Rule 304. (1) If a very small quantity generator meets all the conditions for exemption listed in this rule, the hazardous waste generated by the very small quantity generator is not subject to regulation under parts 3 to 10 of these rules, except R 299.9301 to R 299.9304, and the notification requirements of section 3010 of RCRA, 42 USC 6930, and the very small quantity generator may accumulate hazardous waste on-site without complying with the requirements. The conditions for exemption include all the following:

(a) In a calendar month, the very small quantity generator generates less than or equal to the amounts specified in the definition of "very small quantity generator."

(b) The very small quantity generator complies with R 299.9302(1)(a) to (d).

(c) If the very small quantity generator accumulates at any time greater than 1 kilogram of acute hazardous waste; 1 kilogram of severely toxic hazardous waste; or 100 kilograms of any residue or contaminated soil, water, or other debris resulting from the cleanup of a spill, into or on any land or water, of any acute or severely toxic hazardous waste listed, all quantities of that acute or severely toxic hazardous waste are subject to both of the following additional conditions for exemption:

(i) The waste is held on-site for no more than 90 days beginning on the date when the accumulated wastes exceed the amounts in this subdivision.

(ii) The conditions for exemption in R 299.9307.

(d) If the very small quantity generator accumulates at any time 1,000 kilograms or greater of non-acute hazardous waste, all quantities of that hazardous waste are subject to all the following additional conditions for exemption:

(i) The waste is held on-site for no more than 180 days, or 270 days, if applicable, beginning on the date when the accumulated waste exceed the amounts in this subdivision.

(ii) The quantity of waste accumulated on-site never exceeds 6,000 kilograms.

(iii) The conditions for exemption in R 299.9306(1)(b) and (d) to (r), (3), and (4).

(e) A very small quantity generator that accumulates hazardous waste in amounts less than or equal to the limits in subdivisions (c) and (d) of this subrule shall either treat or dispose of its hazardous waste in an on-site facility or ensure delivery to an off-site treatment, storage, or disposal facility. If the facility is located in the United States, it shall comply with 1 of the following requirements:

(i) Be licensed under part 111 for that waste type or be operating under R 299.9502(3), (4), or (5).

(ii) Be in another state and be authorized to manage hazardous waste by the state under a hazardous waste management program that is approved under 40 CFR part 271.

(iii) Be in another state and be permitted or licensed under 40 CFR part 270.

(iv) Be in another state and be in interim status under 40 CFR parts 270 and 265.

(v) Be a facility that stores or treats the waste and complies with the applicable requirements of parts 31, 55, and 115.

(vi) Be a disposal facility that complies with the applicable requirements of parts 31, 55, and 115.

(vii) Be in another state and be permitted, licensed, or registered by that state to manage municipal waste that, if managed in a municipal waste landfill, is subject to 40 CFR part 258.

(viii) Be in another state and be permitted, licensed, or registered by that state to manage nonmunicipal waste that, if managed in a nonmunicipal waste disposal unit after the effective date of these rules, is subject to 40 CFR 257.5 to 257.30.

(ix) Be a facility that beneficially uses or reuses, or legitimately recycles or reclaims, the waste or treats the waste before the beneficial use or reuse or legitimate recycling or reclamation.

(x) Be an off-site publicly owned treatment works, if the waste complies with all federal, state, and local pretreatment requirements and, if the waste is shipped by vehicle, the conditions of R 299.9503(3)(b) are met.

(xi) For universal waste managed under R 299.9228, be a universal waste handler or destination facility in compliance with R 299.9228.

(xii) Be a large quantity generator under the control of the same person as the very small quantity generator and meet all the conditions below. As used in this paragraph, "control" means the power to direct the policies of the generator, whether by the ownership of stock, voting rights, or otherwise, except contractors that operate generator facilities on behalf of a different person are not considered to "control" the generators. The conditions include all the following:

(A) The very small quantity generator marks each container of hazardous waste with the words "Hazardous Waste."

(B) The very small quantity generator marks each container of hazardous waste with a description of the waste or the hazardous waste number, and an indication of the hazards of the contents. The indication of the hazards of the contents may include the applicable hazardous waste characteristic or characteristics, the hazard communication consistent with 49 CFR part 172, subpart E or F, a hazard statement or pictogram consistent with 29 CFR 1910.1200, or a chemical hazard label consistent with the NFPA standard no. 704.

(xiii) For airbag waste, be an airbag waste collection facility or a designated facility subject to the requirements of R 299.9204(13) to (15).

(xiv) A reverse distributor, if the hazardous waste pharmaceutical is a potentially creditable hazardous waste pharmaceutical generated by a healthcare facility.

(xv) A healthcare facility that meets the conditions of R 299.9825(13) and R 299.9826(2), as applicable, to accept non-creditable hazardous waste pharmaceuticals and potentially creditable hazardous waste pharmaceuticals from an off-site healthcare facility that is a very small quantity generator.

(f) The very small quantity generator accumulates waste in an area where the waste is protected from weather, fire, physical damage, and vandals.

(g) The hazardous waste accumulation is conducted so that hazardous waste or hazardous waste constituents cannot escape by gravity into the soils, directly or indirectly, into surface or groundwaters, or into drains or sewers and so that fugitive emissions are not in violation of part 55.

(2) The placement of bulk or noncontainerized liquid hazardous waste or hazardous waste containing free liquids, if sorbents have been added, in any landfill is prohibited.

(3) A very small quantity generator experiencing an episodic event may generate and accumulate hazardous waste in accordance with R 299.9316 instead of R 299.9305 to R 299.9307.

2013 AACS; 2017 AACS; 2020 AACS; 2025 AACS.

**History**
- *History: 1985 AACS; 1988 AACS; 1994 AACS; 1996 AACS; 2000 AACS; 2004 AACS; 2008 AACS;*

##### **Mich. Admin. Code R 299.9305** Satellite accumulation area requirements for small and large quantity generators {#sec-r-299.9305 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9305}

Rule 305. (1) A generator may accumulate as much as 55 gallons of non-acute hazardous waste or either 1 quart of liquid acute hazardous waste or severely toxic hazardous waste or 1 kilogram of solid acute hazardous waste or severely toxic waste in containers at or near any point of generation where wastes initially accumulate and that is under the control of the operator of the process that generates the waste, without an operating license issued under part 111 and without complying with parts 5 to 8 of these rules, if all the conditions for exemption in this rule are met. A generator may comply with the conditions for exemption in this rule instead of complying with the conditions for exemption in R 299.9306(1)(b) to (r) or R 299.9307(1), except as required in this subrule and subrule (2) of this rule. The conditions for exemption for satellite accumulation include all the following requirements:

(a) If a container holding hazardous waste is not in good condition, or if it begins to leak, the generator shall immediately transfer the hazardous waste from this container to a container that is in good condition and does not leak, or immediately transfer and manage the waste in a central accumulation area operated in compliance with R 299.9306(1)(b) to (r) or R 299.9307(1).

(b) The generator shall use a container made of or lined with materials that will not react with, and are otherwise compatible with, the hazardous waste to be accumulated, so that the ability of the container to contain the waste is not impaired.

(i) Incompatible wastes, or incompatible wastes and materials, must not be placed in the same container unless the requirements of 40 CFR 265.17(b) are met.

(ii) Hazardous waste must not be placed in an unwashed container that previously held an incompatible waste or material unless the requirements of 40 CFR 265.17(b) are met.

(iii) A container holding a hazardous waste that is incompatible with any waste or other materials accumulated nearby in other containers must be separated from the other materials or protected from them by any practical means.

(d) A container holding hazardous waste must be closed at all times during accumulation, except to add, remove, or consolidate waste or when temporary venting of a container is necessary for the proper operating of equipment or to prevent dangerous situations, such as build-up of extreme pressure.

(e) A generator shall mark or label its container with both the following:

(i) The words "Hazardous Waste."

(ii) An indication of the hazards of the contents. The indication of the hazards of the contents may include the applicable hazardous waste characteristic or characteristics, the hazard communication consistent with 49 CFR part 172, subpart E or F, a hazard statement or pictogram consistent with 29 CFR 1910.1200, or a chemical hazard label consistent with the NFPA standard no. 704.

(2) A generator that accumulates either non-acute hazardous waste, acute hazardous waste, or severely toxic hazardous waste in excess of the amounts listed in subrule (1) of this rule at or near any point of generation shall do 1 or more of the following with respect to that amount of excess waste:

(a) Comply with the applicable central accumulation area requirements in R 299.9306(1)(b) to (r) or R 299.9307(1) within 3-consecutive-calendar-days.

(b) Remove the excess waste from the satellite accumulation area within 3 consecutive calendar days to 1 or more of the following:

(i) A central accumulation area operated in accordance with the applicable requirements of R 299.9306(1)(b) to (r) or R 299.9307(1).

(ii) An on-site interim status or licensed treatment, storage, or disposal facility.

(iii) An off-site designated facility.

(c) During the 3-consecutive-calendar-day period, continue to comply with subrules (1)(a) to (c) of this rule. The generator shall mark or label each container holding the excess accumulation of hazardous waste with the date the excess amount began accumulating.

(3) All satellite accumulation areas operated by a small quantity generator must meet the provisions of R 299.9306(1)(f) to (r).

(4) All satellite accumulation areas operated by a large quantity generator must meet the provisions of 40 CFR part 262, subpart M.

(5) 40 CFR part 262, subpart M is adopted by reference in R 299.11003.

**History**
- *History: 1985 AACS; 2008 AACS; 2020 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 299.9306** Conditions for exemption for small quantity generators that accumulate hazardous waste {#sec-r-299.9306 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9306}

Rule 306. (1) A small quantity generator may accumulate hazardous waste on-site without an operating license issued under part and without complying with parts 5 to 8 of these rules or the notification requirements of section 3010 of RCRA, 45 USC 6930, if all the following conditions are met:

(a) The small quantity generator generates in a calendar month no more than the amounts specified in the definition of "small quantity generator."

(b) The small quantity generator accumulates hazardous waste on-site for no more than 180 days, unless the small quantity generator complies with the conditions for longer accumulation in subrules (3) and (4) of this rule.

(d) The hazardous waste is managed under 1 or more of the following methods:

(i) In containers and the small quantity generator complies with the containment requirements of 40 CFR 264.175 if the quantity of waste accumulated on-site exceeds 1,000 kilograms, and with all the following:

(A) If a container holding hazardous waste is not in good condition, or if it begins to leak, the small quantity generator shall immediately transfer the hazardous waste from this container to a container that is in good condition and does not leak, or immediately manage the waste in some other way that complies with the conditions for exemption of this rule.

(B) Use a container made of or lined with materials that will not react with, and are otherwise compatible with, the hazardous waste to be accumulated, so that the ability of the container to contain the waste is not impaired.

(C) Containers holding hazardous waste must be closed at all times during accumulation, except when it is necessary to add or remove waste.

(D) Containers holding hazardous waste must not be opened, handled, or accumulated in a manner that may rupture the container or cause it to leak.

(E) Not less than weekly, inspect central accumulation areas looking for leaking containers and for deterioration of containers caused by corrosion or other factors.

(F) All the following special standards for incompatible wastes:

(I) Incompatible wastes, or incompatible wastes and materials, must not be placed in the same container unless the requirements of 40 CFR 265.17(b) are met.

(II) Hazardous waste must not be placed in an unwashed container that previously held an incompatible waste or material unless the requirements of 40 CFR 265.17(b) are met.

(III) A container accumulating hazardous waste that is incompatible with any waste or other materials accumulated or stored nearby in other containers, piles, open tanks, or surface impoundments must be separated from the other materials or protected from them by means of a dike, berm, wall, or other device.

(G) Mark or label each container with all the following:

(I) The words "Hazardous Waste."

(II) An indication of the hazards of the contents. The indication of the hazards of the contents may include the applicable hazardous waste characteristic or characteristics, the hazard communication consistent with 49 CFR part 172, subpart E or F, a hazard statement or pictogram consistent with 29 CFR 1910.1200, or a chemical hazard label consistent with the NFPA standard no. 704.

(III) The date when each period of accumulation begins clearly visible for inspection on each container.

(ii) In tanks and the small quantity generator complies with all the following:

(A) Treatment or accumulation of hazardous waste in tanks must comply with 40 CFR 265.17(b).

(B) Hazardous wastes or treatment reagents must not be placed in a tank if they could cause the tank or its inner liner to rupture, leak, corrode, or otherwise fail before the end of its intended life.

(C) Uncovered tanks must be operated to ensure not less than least 60 centimeters of freeboard, unless the tank is equipped with a containment structure like a dike or trench, a drainage control system, or a diversion structure like a standby tank with a capacity that equals or exceeds the volume of the top 60 centimeters of the tank.

(D) If hazardous waste is continuously fed into a tank, the tank must be equipped with a means to stop this inflow.

(E) Except as noted in subparagraph (F) of this paragraph, a small quantity generator that accumulates hazardous waste in tanks must inspect, where present, all the following:

(I) Discharge control equipment not less than once each operating day, to ensure that it is in good working order.

(II) Data gathered from monitoring equipment not less than once each operating day to ensure that the tank is being operated according to its design.

(III) The level of waste in the tank not less than once each operating day to ensure compliance with subparagraph (C) of this paragraph.

(IV) The construction materials of the tank not less than weekly to detect corrosion or leaking of fixtures or seams.

(V) The construction materials of, and the area immediately surrounding, discharge confinement structures not less than weekly to detect erosion or obvious signs of leakage.

The small quantity generator shall remedy any deterioration or malfunction of equipment or structures that the inspection reveals on a schedule that ensures that the problem does not lead to an environmental or human health hazard. If a hazard is imminent or has already occurred, remedial action must be taken immediately.

(F) A small quantity generator accumulating hazardous waste in tanks or tank systems that have full secondary containment and that either use leak detection equipment to alert personnel to leaks or implement established workplace practices to ensure leaks are promptly identified, shall inspect not less than weekly, where applicable, the areas identified in subparagraph (E)of this paragraph. Use of the alternate inspection schedule must be documented in the small quantity generator’s operating record. This documentation must include a description of the established workplace practices at the small quantity generator.

(G) Upon closure of the small quantity generator’s site, that small quantity generator shall remove all hazardous waste from tanks, discharge control equipment, and discharge confinement structures. At closure, as throughout the operating period, unless the small quantity generator can demonstrate, in accordance with R 299.9203(3) or (5), that any waste removed from its tank is not a hazardous waste, it shall manage the waste in accordance with all applicable provisions of parts 3, 4, and 6 of these rules.

(H) Ignitable or reactive waste must not be placed in a tank, unless 1 or more of the following occurs:

(I) The waste is treated, rendered, or mixed before or immediately after placement in a tank so that the resulting waste, mixture, or dissolution of material no longer meets the definition of ignitable or reactive waste under R 299.9212 and 40 CFR 265.17(b) is met.

(II) The waste is accumulated or treated in a way that it is protected from any material or conditions that may cause the waste to ignite or react.

(III) The tank is used solely for emergencies.

(I) A small quantity generator that treats or accumulates ignitable or reactive waste in covered tanks shall comply with the buffer zone requirements for tanks contained in tables 2-1 to 2-6 of the NFPA standard no. 30.

(J) The following special conditions for incompatible wastes:

(I) Incompatible wastes, or incompatible wastes and materials, must not be placed in the same tank, unless the requirements of 40 CFR 265.17(b) are met.

(II) Hazardous waste must not be placed in an unwashed tank that previously held an incompatible waste or material unless the requirements of 40 CFR 265.17(b) are met.

(K) Mark or label each tank with all the following:

(I) The words "Hazardous Waste."

(II) A description of the waste or the hazardous waste number, and an indication of the hazards of the contents. The indication of the hazards of the contents may include the applicable hazardous waste characteristic or characteristics, the hazard communication consistent with 49 CFR part 172, subpart E or F, a hazard statement or pictogram consistent with 29 CFR 1910.1200, or a chemical hazard label consistent with the NFPA standard no. 704.

(L) Use inventory logs, monitoring equipment, or other records to demonstrate that hazardous waste has been emptied within 180 days of first entering the tank if using a batch process, or in the case of a tank with a continuous flow process, demonstrate that estimated volumes of hazardous waste entering the tank daily exit the tank within 180 days of first entering. The inventory logs or records must be maintained onsite and readily available for inspection.

(iii) Place the hazardous waste on a drip pad and comply with all the following:

(A) 40 CFR part 265, subpart W, except 265.445(c).

(B) The small quantity generator shall remove all wastes from the drip pad not less than once every 90 days. Any hazardous wastes that are removed from the drip pad not less than once every 90 days are then subject to the 180-day accumulation limit in subdivision (b) of this subrule and R 299.9305 if hazardous wastes are being managed in satellite accumulation areas before being moved to the central accumulation area.

(I) A written description of procedures that will be followed to ensure that all wastes are removed from the drip pad and associated collection system not less than once every 90 days.

(II) Documentation of each waste removal, including the quantity of waste removed from the drip pad and the sump or collection system and the date and time of removal.

(e) The applicable requirements of 40 CFR part 268.

(f) The small quantity generator shall maintain and operate the small quantity generator site in a manner that minimizes the possibility of a fire, explosion, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water that could threaten human health or the environment.

(g) All areas where hazardous waste is either generated or accumulated must be equipped with all the items specified in this subdivision, unless none of the hazards posed by waste handled at the small quantity generator’s site could require a particular kind of specified equipment or the actual waste generation or accumulation area does not lend itself for safety reasons to have a particular kind of specified equipment. A small quantity generator shall determine the most appropriate locations to locate specified equipment necessary to prepare for and respond to emergencies, including all the following:

(i) An internal communications or alarm system capable of providing immediate emergency instruction, voice or signal, to small quantity generator site personnel.

(ii) A device, such as a telephone immediately available at the scene of operations or a hand-held two-way radio, capable of summoning emergency assistance from local police departments, fire departments, or state or local emergency response teams.

(iii) Portable fire extinguishers; fire control equipment, including special extinguishing equipment that use foam, inert gas, or dry chemicals; spill control equipment; and decontamination equipment.

(iv) Water at adequate volume and pressure to supply water hose streams, or foam producing equipment, or automatic sprinklers, or water spray systems.

(h) All communications or alarm systems, fire protection equipment, spill control equipment, and decontamination equipment, where required, must be tested and maintained as necessary to ensure its proper operation in time of emergency.

(i) When hazardous waste is being poured, mixed, spread, or otherwise handled, all personnel involved in the operation shall have immediate, unimpeded access to an internal alarm or emergency communication device, either directly or through visual or voice contact with another employee, unless the device is not required under subdivision (g) of this subrule.

(j) If there is just 1 employee on the premises while the small quantity generator’s site is operating, the employee shall have immediate unimpeded access to a device, such as a telephone that is immediately available at the scene of operation or a hand-held two-way radio, capable of summoning external emergency assistance, unless a device is not required under subdivision (g) of this subrule.

(k) The small quantity generator shall maintain aisle space to allow the unobstructed movement of personnel, fire protection equipment, spill control equipment, and decontamination equipment to any area of small quantity generator’s site operation in an emergency, unless aisle space is not needed for any of these purposes.

(l) The small quantity generator shall attempt to make arrangements with the local police department, fire department, other emergency response teams, emergency response contractors, equipment suppliers and local hospitals, taking into account the types and quantities of hazardous wastes handled at the small quantity generator’s site.

Arrangements may be made with the local emergency planning committee if it is determined to be the appropriate organization with which to make arrangements. As part of this coordination, the small quantity generator shall attempt to familiarize these organizations with the layout of the small quantity generator’s site, the properties of hazardous waste handled at the small quantity generator’s site and associated hazards, places where personnel would normally be working, entrances to roads inside the small quantity generator’s site, and possible evacuation routes as well as the types of injuries or illnesses that could result from fires, explosions, or releases at the small quantity generator’s site. If more than 1 police or fire department might respond to an emergency, the small quantity generator shall attempt to make arrangements designating primary emergency authority to a specific fire or police department, and arrangements with any others to provide support to the primary emergency authority. The small quantity generator shall maintain records documenting the arrangements with the local fire department as well as other organizations necessary to respond to an emergency. This documentation must include documentation in the operating record that either confirms the arrangements actively exist or, if no arrangements exist, confirms that attempts to make the arrangements were made. A small quantity generator possessing 24-hour response capabilities may seek a waiver from the authority having jurisdiction over the fire code within the small quantity generator’s state or locality as far as needing to make arrangements with the local fire department as well as other organizations necessary to respond to an emergency, if the waiver is documented in the operating record.

(m) The small quantity generator shall ensure that, at all times, there is not less than 1 employee either on the premises or on call with the responsibility for coordinating all emergency response measures specified in subdivision (p) of this subrule. This employee is the emergency coordinator and, if on call, shall be available to respond to an emergency by reaching the small quantity generator’s site within a short period of time.

(n) The small quantity generator shall post next to telephones or in areas directly involved in the generation and accumulation of hazardous waste the name and emergency telephone number of the emergency coordinator; the location of fire extinguishers and spill control material, and, if present, fire alarm; and the telephone number of the fire department, unless the small quantity generator’s site has a direct alarm.

(o) The small quantity generator shall ensure that all employees are thoroughly familiar with proper waste handling and emergency procedures relevant to their responsibilities during normal site operations and emergencies.

(p) The emergency coordinator or the emergency coordinator’s designee shall respond to any emergencies that arise. The applicable responses are as follows:

(i) In the event of a fire, call the fire department or attempt to extinguish the fire using a fire extinguisher.

(ii) In the event of a spill, contain the flow of hazardous waste to the extent possible, and as soon as is practicable, clean up the hazardous waste and any contaminated materials or soil. The containment and cleanup may be conducted either by the small quantity generator or by a contractor on behalf of the small quantity generator.

(iii) In the event of a fire, explosion, or other release of hazardous waste or hazardous waste constituents that could threaten human health or the environment or if the small quantity generator has knowledge that a spill has reached surface water or groundwater, the small quantity generator shall also immediately notify the department’s pollution emergency alerting system – telephone number 800-292-4706. For releases that could threaten human health outside the small quantity generator’s site or if the small quantity generator has knowledge that a spill has reached surface water, the small quantity generator shall immediately notify the national response center at its 24-hour toll free number – 800- 424-8802. The notifications must include all the following information:

(A) The name and telephone number of the person who is reporting the incident.

(B) The name, address, telephone number, and site identification number of the small quantity generator.

(D) The name and quantity of the material or materials involved and released.

(E) The extent of injuries, if any.

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

(G) An assessment of actual or potential hazards to human health or the environment.

(H) The immediate response action taken.

(q) The small quantity generator ensures that the area where the waste is accumulated is protected from weather, fire, physical damage, and vandals.

(r) The small quantity generator ensures that hazardous waste accumulation is conducted so hazardous waste or hazardous waste constituents cannot escape by gravity into the soil, directly or indirectly, into surface or groundwaters, or into drains or sewers and so that fugitive emissions are not in violation of part 55.

(2) A small quantity generator that transports its waste, or offers its waste for transportation, over a distance of 200 miles or more for off-site treatment, storage, or disposal may accumulate hazardous waste on-site for 270 days or less without an operating license or without being an existing facility under to R 299.9502, if the small quantity generator complies with subrule (1)(b) to (r) of this rule.

(3) A small quantity generator who accumulates hazardous waste for more than 180 days, or 270 days as allowed for in subrule (2) of this rule, is an operator of a storage facility and is subject to the requirements of parts 5 to 7 of these rules unless the small quantity generator has been granted an extension to the 180-day or, if applicable 270-day, period.

The director or the director’s designee may grant an extension if hazardous wastes must remain on-site for longer than 180 days or 270 days, if applicable, due to unforeseen, temporary, and uncontrollable circumstances. The director or the director’s designee may grant an extension of up to 30 days on a case-by-case basis.

(4) A small quantity generator that sends a shipment of hazardous waste to a designated facility with the understanding that the designated facility can accept and manage the waste and later receives that shipment back as a rejected load or residue in accordance with the manifest discrepancy provisions of R 299.9608 may accumulate the returned waste on-site in accordance with subrule (1) to (3) of this rule. Upon receipt of the returned shipment, the small quantity generator shall do the following:

(a) Sign Item 18c of the manifest, if the transporter returned the shipment using the original manifest.

(b) Sign Item 20 of the manifest, if the transporter returned the shipment using a new manifest.

(5) A small quantity generator experiencing an episodic event may accumulate hazardous waste in accordance with R 299.9316 instead of R 299.9307.

Editor's Note: An obvious error in R 299.9306 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Michigan Register, 2025 MR 8. The memorandum requesting the correction was published in Michigan Register, 2025 MR 13.

**History**
- *History: 1985 AACS; 1988 AACS; 1994 AACS; 1996 AACS; 1998 AACS; 2000 AACS;2004 AACS; 2008 AACS; 2013 AACS; 2020 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 299.9307** Conditions for exemption for large quantity generators that accumulate hazardous waste {#sec-r-299.9307 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9307}

Rule 307. (1) A large quantity generator may accumulate hazardous waste on-site without an operating license issued under part and without complying with the requirements of parts 5 to 8 of these rules or the notification requirements of section 3010 of RCRA, 42 USC 6930, if all the following conditions for exemption are met:

(a) The large quantity generator accumulates hazardous waste on-site for no more than 90 days, unless the large quantity generator complies with the accumulation time extension or F006 accumulation conditions for exemption in subrules (2) to (5) of this rule.

(b) The hazardous waste is managed under either of the following methods:

(i) In containers and the large quantity generator complies with all the following:

(A) The containment requirements of 40 CFR 264.175 and the applicable requirements of 40 CFR part 265, subparts AA, BB, and CC.

(B) If a container holding hazardous waste is not in good condition, or if it begins to leak, the large quantity generator shall immediately transfer the hazardous waste from this container to a container that is in good condition and does not leak, or immediately manage the waste in some other way that complies with the conditions for exemption of this rule.

(C) Use a container made of or lined with materials that will not react with, and are otherwise compatible with, the hazardous waste to be accumulated, so that the ability of the container to contain the waste is not impaired.

(D) Containers holding hazardous waste must be closed at all times during accumulation, except when it is necessary to add or remove waste.

(E) Containers holding hazardous waste must not be opened, handled, or accumulated in a manner that may rupture the container or cause it to leak.

(F) Not less than weekly, inspect central accumulation areas looking for leaking containers and for deterioration of containers caused by corrosion or other factors.

(G) Both of the following special conditions for ignitable or reactive wastes:

(I) Containers holding ignitable or reactive waste must be located not less than 15 meters, 50 feet, from the large quantity generator’s property line unless a written approval is obtained from the authority having jurisdiction over the local fire code allowing hazardous waste accumulation to occur within this restricted area. A record of the written approval must be maintained on-site as long as ignitable or reactive hazardous waste is accumulated in this area.

(II) The large quantity generator shall take precautions to prevent accidental ignition or reaction of ignitable or reactive waste. This waste must be separated and protected from sources of ignition or reaction including, but not limited to, the following: open flames, smoking, cutting and welding, hot surfaces, frictional heat, sparks, spontaneous ignition, and radiant heat. While ignitable or reactive waste is being handled, the large quantity generator shall confine smoking and open flame to specially designated locations. "No smoking" signs must be conspicuously placed wherever there is a hazard from ignitable or reactive waste.

(H) All the following special standards for incompatible wastes:

(I) Incompatible wastes, or incompatible wastes and materials, must not be placed in the same container unless the requirements of 40 CFR 265.17(b) are met.

(II) Hazardous waste must not be placed in an unwashed container that previously held an incompatible waste or material unless the requirements of 40 CFR 265.17(b) are met.

(III) A container holding hazardous waste that is incompatible with any waste or other materials accumulated or stored nearby in other containers, piles, open tanks, or surface impoundments must be separated from the other materials or protected from them by means of a dike, berm, wall, or other device.

(I) Mark or label each container with all the following:

(I) The words "Hazardous Waste."

(II) An indication of the hazards of the contents. The indication of the hazards of the contents may include the applicable hazardous waste characteristic or characteristics the hazard communication consistent with 49 CFR part 172, subpart E or F, a hazard statement or pictogram consistent with 29 CFR 1910.1200, or a chemical hazard label consistent with the NFPA standard no. 704.

(III) The date when each period of accumulation begins clearly visible for inspection on each container.

(ii) In tanks and the generator complies with the applicable requirements of 40 CFR part 265, subparts J, AA, BB, and CC, except 265.197(c) and 265.200, and R 299.9615, except for R 299.9615(1). For this rule, the references in R 299.9615 to 40 CFR part 264 are replaced by references to 40 CFR part 265.

(A) Mark or label each tank with all the following:

(I) The words "Hazardous Waste."

(II) A description of the waste or the hazardous waste number, and an indication of the hazards of the contents. The indication of the hazards of the contents may include the applicable hazardous waste characteristics or characteristics, the hazard communication consistent with 49 CFR part 172, subpart E or F, a hazard statement or pictogram consistent with 29 CFR 1910.1200, or a chemical hazard label consistent with the NFPA standard no. 704.

(B) Use inventory logs, monitoring equipment, or other records to demonstrate that hazardous waste has been emptied within 90 days of first entering the tank if using a batch process, or in the case of a tank with a continuous flow process, demonstrate that estimated volumes of hazardous waste entering the tank daily exit the tank within 90 days of first entering. The inventory logs or records must be maintained onsite and readily available for inspection.

(iii) On drip pads and the large quantity generator shall comply with all the following:

(A) 40 CFR part 265, subpart W.

(B) The large quantity generator shall remove all wastes from the drip pad not less than once every 90 days. Any hazardous wastes that are removed from the drip pad not less than once every 90 days are then subject to the 90-day accumulation limit in subdivision (a) of this subrule and R 299.9305 if hazardous wastes are being managed in satellite accumulation areas before being moved to the central accumulation area.

(I) A written description of procedures that will be followed to ensure that all wastes are removed from the drip pad and associated collection system not less than once every 90 days.

(II) Documentation of each waste removal, including the quantity of waste removed from the drip pad and the sump or collection system and the date and time of removal.

(c) The large quantity generator complies with the requirements of 40 CFR part 262, subpart M. In the event of a fire, explosion, or other release of hazardous waste or hazardous waste constituents that could threaten human health or the environment or if the large quantity generator has knowledge that a spill has reached surface water or groundwater, the large quantity generator shall also immediately notify the department’s pollution emergency alerting system - telephone number 800-292-4706. The notifications must include all the following information:

(i) The name and telephone number of the person who is reporting the incident.

(ii) The name, address, telephone number, and site identification number of the large quantity generator.

(iii) The date, time, and type of incident.

(iv) The name and quantity of the material or materials involved and released.

(v) The extent of injuries, if any.

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

(vii) An assessment of actual or potential hazards to human health or the environment.

(viii) The immediate response action taken.

(d) The large quantity generator shall ensure that the area where the waste is accumulated is protected from weather, fire, physical damage, and vandals.

(e) The large quantity generator shall ensure that hazardous waste accumulation is conducted so hazardous waste or hazardous waste constituents cannot escape by gravity into the soil, directly or indirectly, into surface or groundwaters, or into drains or sewers and so that fugitive emissions are not in violation of part 55.

(f) Personnel shall successfully complete a program of classroom instruction, online training, or on-the-job training that teaches them to perform their duties in a way that ensures compliance with these rules. The large quantity generator shall ensure that this program includes all the elements described in the document required under subdivision (i) of this subrule. This program must be directed by a person trained in hazardous waste management procedures and include instruction that teaches personnel hazardous waste management procedures, including contingency plan implementation, relevant to the positions in which they are employed. At a minimum, the training program must be designed to ensure that personnel are able to respond effectively to emergencies by familiarizing them with emergency procedures, emergency equipment, and emergency systems, including, where applicable, all the following:

(i) Procedures for using, inspecting, repairing, and replacing emergency and monitoring equipment.

(ii) Key parameters for automatic waste feed cut-off systems.

(iii) Communications or alarm systems.

(iv) Response to fires or explosions.

(v) Response to groundwater contamination incidents.

(vi) Shutdown of operations.

(g) For employees that receive emergency response training under 29 CFR 1910.120(p)(8) and 1910.120(q), the large quantity generator is not required to provide separate emergency response training under this rule if that the overall training meets all the conditions of exemption in this rule.

(h) Personnel shall successfully complete the program required in subdivision (f) of this subrule within 6 months after the date of their employment or assignment to the large quantity generator’s site, or to a new position at the site, whichever is later. Employees shall not work in unsupervised positions until they have completed the training standards of subdivision (f) of this subrule. Personnel shall also take part in an annual review of the initial training required in subrule (f) of this subrule.

(i) The large quantity generator shall maintain all the following documents and records on-site:

(i) The job title for each position at the site related to hazardous waste management, and the name of the employee filling each job.

(ii) A written job description for each position listed under paragraph (i) of this subdivision. This description may be consistent in its degree of specificity with descriptions for other similar positions in the same company location or bargaining unit, but must include the requisite skill, education, or other qualifications, and duties of personnel assigned to each position.

(iii) A written description of the type and amount of both introductory and continuing training that will be given to each person filling a position listed under paragraph (i) of this subdivision.

(iv) Records that document that the training or job experience, required under subdivisions (f) to (h) of this subrule, has been given to, and completed by, personnel.

(j) Training records on current personnel must be maintained until closure of the large quantity generator’s site. Training records on former employees must be maintained for not less than 3 years from the date the employee last worked at the large quantity generator’s site. Personnel training records may accompany personnel transferred within the same company.

(k) A large quantity generator accumulating hazardous wastes in containers, tanks, or drip pads must, before closing an individual waste accumulation unit or all the units, meet the following conditions:

(i) If closing an individual unit, perform 1 of the following:

(A) Place a notice in the operating record within 30 days after closure identifying the location of the unit.

(B) Meet the closure performance standards of paragraph (iii) of this subdivision for containers or tanks or paragraph (iv) of this subdivision for drip pads and notify the director following the procedures in paragraph (ii)(B) of this subdivision. If the unit is subsequently reopened, the large quantity generator may remove the notice from the operating record.

(ii) If closing all the units, comply with all the following:

(A) Notify the director using Michigan site identification form EQP5150 no later than 30 days before closing the large quantity generator’s site.

(B) Notify the director using the Michigan site identification form EQP5150 within 90 days after closing all the units that it has met the closure performance standards of paragraphs (iii) or (iv) of this subdivision. If the large quantity generator cannot meet these closure performance standards, notify the director using Michigan site identification form EQP5150 that it will close as a landfill under 40 CFR 265.310 in the case of a container or tank unit or 40 CFR 265.445(b) in the case of drip pads.

(C) If additional time is needed to clean close all the units, notify the director using Michigan site identification form EQP5150 within 75 days after the date provided in subparagraph (A) of this paragraph to request an extension and provide an explanation as to why the additional time is required.

(iii) At closure, close each unit in a manner that does all the following:

(A) Minimizes the need for further maintenance by controlling, minimizing, or eliminating, to the extent necessary to protect human health and the environment, the postclosure escape of hazardous waste, hazardous constituents, leachate, contaminated runoff, or hazardous waste decomposition products to the ground or surface waters or to the atmosphere.

(B) Removes or decontaminates all contaminated equipment, structures, and soil and any remaining hazardous waste residues from the unit including containment system components, contaminated soils and subsoils, bases, and structures and equipment contaminated with waste, unless R 299.9203(5) applies.

(C) Any hazardous waste generated in the process of closing the unit must be managed in accordance with all applicable standards of parts 3 to 7 of these rules, including removing any hazardous waste contained in the unit within 90 days of generating it and managing these wastes in a facility licensed under part 111or under an interim status or permitted facility under subtitle C of RCRA, 42 USC 6921 to 6939g, or a state program authorized thereunder.

(D) If the large quantity generator demonstrates that any contaminated soils and wastes cannot be practicably removed or decontaminated as required in subparagraph (B) of this paragraph, then the unit is considered a landfill. For closure, postclosure, and financial responsibility, the large quantity generator shall close the unit and perform postclosure care in accordance with 40 CFR 265.310 and comply with the requirements for landfills specified in 40 CFR part 265, subparts G and H.

(iv) At closure, the large quantity generator shall comply with the closure requirements of paragraphs (ii) and (iii)(A) and (C) of this subdivision and 40 CFR 265.445(a) and (b).

(v) The closure requirements of this subdivision do not apply to satellite accumulation areas.

(l) The applicable provisions of 40 CFR part 268.

(2) A large quantity generator that accumulates hazardous waste for more than 90 days is an operator of a storage facility and is subject to the requirements of parts 5 to 8 of these rules and the notification requirements of section 3010 of RCRA, 42 USC 6930, unless it has been granted an extension to the 90-day period. The director or the director’s designee may grant an extension if hazardous wastes must remain on-site for longer than 90 days, if applicable, due to unforeseen, temporary, and uncontrollable circumstances. The director or the director’s designee may grant an extension of up to 30 days on a case-by-case basis.

(3) A large quantity generator that also generates wastewater treatment sludges from electroplating operations that meet the listing description for the hazardous waste number F006, may accumulate F006 waste on-site for more than 90 days, but not more than 180 days without being subject to parts 5 to 8 of these rules and the notification requirements of section 3010 of RCRA, 42 USC 6930, if the large quantity generator complies with all the following additional conditions for exemption:

(a) The large quantity generator has implemented pollution prevention practices that reduce the amount of any hazardous substances, pollutants, or contaminants entering F006 waste or otherwise released to the environment before its recycling.

(b) The F006 waste is legitimately recycled through metals recovery.

(d) The F006 waste is managed in accordance with the following:

(i) The F006 waste is placed in either of the following:

(A) In containers and the large quantity generator complies with the applicable conditions for exemption in R 299.9307(1)(b)(i).

(B) Is placed in tanks and the large quantity generator complies with the applicable conditions for exemption in R 299.9307(1)(b)(ii).

(ii) The date when each period of accumulation begins is clearly marked and visible for inspection on each container.

(iii) While being accumulated on-site, each container and tank is labeled or marked clearly with both of the following:

(A) The words "Hazardous Waste."

(B) A description of the waste or the hazardous waste number, and an indication of the hazards of the contents. The indication of the hazards of the contents may include the applicable hazardous waste characteristic or characteristics, the hazard communication consistent with 49 CFR part 172, subpart E or F, a hazard statement or pictogram consistent with 29 CFR 1910.1200, or a chemical hazard label consistent with the NFPA standard no. 704.

(iv) The large quantity generator complies with the requirements in subrule (1)(c) to (k) of this rule.

(4) A large quantity generator that also generates wastewater treatment sludges from electroplating operations that meet the listing description for hazardous waste number F006, and that must transport this waste, or offer this waste for transportation, over a distance of 200 miles or more for off-site metals recovery, may accumulate F006 waste onsite for more than 90 days, but not more than 270 days without being subject to parts 5 to 8 of these rules and the notification requirements of section 3010 of RCRA, 42 USC 6930, if the large quantity generator complies with all the conditions for exemption of subrule (3) of this rule.

(5) A large quantity generator accumulating F006 waste in accordance with subrules (3) and (4) of this rule that accumulates F006 waste on-site for more than 180 days, or for more than 270 days if the large quantity generator must transport this waste, or offer this waste for transportation, over a distance of 200 miles or more, or that accumulates more than 20,000 kilograms of F006 waste on-site is an operator of a storage facility and is subject to the requirements of parts 5 to 7 of these rules and the notification requirements of section 3010 of RCRA, 42 USC 6930, unless the large quantity generator has been granted an extension to the 180-day, or 270-day if applicable, period or an exception to the 20,000 kilogram accumulation limit. Extensions and exceptions may be granted by the director if F006 waste must remain on-site for longer than 180 days, or 270 days if applicable, or if more than 20,000 kilograms of F006 waste must remain on-site due to unforeseen, temporary, and uncontrollable circumstances. An extension of up to 30 days or an exception to the accumulation limit may be granted at the discretion of the director on a case-by-case basis.

(6) A large quantity generator may accumulate on-site hazardous waste received from very small quantity generators under control of the same person, without an operating license or complying with the requirements of parts 5 to 8 of these rules and the notification requirements of section 3010 of RCRA, 42 USC 6930, if the large quantity generator complies with all the following conditions. As used in this subrule, "control" means the power to direct the policies of the generator, whether by the ownership of stock, voting rights, or otherwise, except that contractors who operate generator facilities on behalf of a different person are not considered to control the generators.

(a) The large quantity generator notifies the department not less than 30 days before receiving the first shipment from a very small quantity generator using Michigan site identification form EQP5150. The large quantity generator shall identify on the form the name, site address, and contact person name and business telephone number for each very small quantity generator. The large quantity generator shall also submit an updated Michigan site identification form EQP5150 within 30 days after a change in the name or site address for the very small quantity generator.

(b) The large quantity generator maintains records of shipments for 3 years from the date the hazardous waste was received from the very small quantity generator. These records must identify the name, site address, and contact information for the very small quantity generator and include a description of the hazardous waste received, including the quantity and the date the waste was received.

(c) The large quantity generator complies with the independent requirements identified in R 299.9301(1)(c) and the conditions for exemption in this rule for all hazardous waste received from a very small quantity generator. For purposes of the labeling and marking regulations in subrule (1)(b) of this rule, the large quantity generator shall label the container or unit with the date accumulation started, the date the hazardous waste was received from the very small quantity generator. If the large quantity generator is consolidating incoming hazardous waste from a very small quantity generator with either its own hazardous waste or with hazardous waste from other very small quantity generators, the large quantity generator shall label each container or unit with the earliest date any hazardous waste in the container was accumulated on-site.

(7) A large quantity generator that sends a shipment of hazardous waste to a designated facility with the understanding that the designated facility can accept and manage the waste, and later receives that shipment back as a rejected load or residue in accordance with the manifest discrepancy provisions of R 299.9608, may accumulate the returned waste on-site in accordance with subrules (1) and (2) of this rule. Upon receipt of the returned shipment, the large quantity generator shall do 1 of the following:

(a) Sign Item 18c of the manifest, if the transporter returned the shipment using the original manifest.

(b) Sign Item 20 of the manifest, if the transporter returned the shipment using a new manifest.

2017 AACS; 2020 AACS; 2025 AACS.

Editor's Note: An obvious error in R 299.9307 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Michigan Register, 2025 MR 8. The memorandum requesting the correction was published in Michigan Register, 2025 MR 13.

**History**
- *History: 1985 AACS; 1988 AACS; 1996 AACS; 1998 AACS; 2004 AACS; 2008 AACS; 2013 AACS;*

##### **Mich. Admin. Code R 299.9308** Site identification numbers for small and large quantity generators {#sec-r-299.9308 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9308}

Rule 308. (1) A small quantity or large quantity generator shall not treat or store, dispose of, or transport or offer for transportation, hazardous waste without having received a site identification number from the regional administrator or the regional administrator's designee.

(2) A small quantity or large quantity generator who has not received a site identification number may obtain one by applying to the regional administrator or the regional administrator's designee. Upon receiving the request, the administrator shall assign a site identification number to the generator.

(3) A small quantity or large quantity generator shall not offer their hazardous waste to transporters or to treatment, storage, or disposal facilities that have not received a site identification number.

(4) Applications for site identification numbers must be made on Michigan site identification form EQP5150 and signed under 40 CFR 270.11(a)(1) to (3).

(5) A small quantity generator shall re-notify the regional administrator or the regional administrator’s designee starting in 2021 and every 4 years afterwards. This re-notification must be submitted by September 1 of each year in which the re-notifications are required.

(6) A large quantity generator shall re-notify the regional administrator or the regional administrator’s designee by March 1 of each even-numbered year afterwards. A large quantity generator may submit this re-notification as part of its biennial report required under R 299.9312.

(7) A recognized trader shall not arrange for import or export of hazardous waste without having received a site identification number from the regional administrator or the regional administrator’s designee.

2020 AACS; 2025 AACS.

**History**
- *History: 1985 AACS; 1988 AACS; 1991 AACS; 1998 AACS; 2000 AACS; 2008 AACS; 2013 AACS;*

##### **Mich. Admin. Code R 299.9309** Manifest requirements applicable to small and large quantity generators {#sec-r-299.9309 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9309}

Rule 309. (1) A small quantity or large quantity generator that transports, or offers for transport, a hazardous waste for off-site treatment, storage, or disposal, or a treatment, storage, or disposal facility that offers for transport a rejected hazardous waste load, shall do all the following for both domestic and international shipments:

(a) Prepare a manifest, OMB Control number 2050-0039, on EPA Form 8700-22, and if necessary, EPA Form 8700-22A.

(b) Use a manifest in accordance with 40 CFR 262.20 to 262.23, and 262.27 before transporting the waste offsite.

(c) Instead of using a paper manifest as specified in subdivisions (a) and (b) of this subrule, prepare and use an electronic manifest in accordance with 40 CFR 3.10 and 262.24.

(d) Use a transporter or be a transporter, if a generator transports their own hazardous waste, that is registered and permitted under act 138 and part 4 of these rules.

(2) The electronic signature methods for the e-manifest system must be methods that are designed and implemented in a manner that the EPA considers to be as cost-effective and practical as possible for the user of the manifest. An electronic signature must be a legally valid and enforceable signature under applicable EPA and other federal requirements pertaining to electronic signatures.

(3) The requirements of this rule do not apply to hazardous waste that is produced by a small quantity generator if both of the following requirements are met:

(a) The waste is reclaimed under a contractual agreement that specifies the type of waste and frequency of shipments and the vehicle used to transport the waste to the recycling facility and to deliver the regenerated material back to the generator is owned and operated by the reclaimer of the waste.

(b) The generator maintains a copy of the reclamation agreement in the generator's files for a period of not less than 3 years after termination or expiration of the agreement.

(4) A small quantity or large quantity generator that authorizes a transporter to commingle the generator’s hazardous waste under R 299.9405(2) or (3) shall do either of the following:

(a) Place in the special handling instructions and additional information section of the manifest the hazardous waste number followed by the letters "CS," as specified in R 299.9405(2), or the letters "CD," as specified in R 299.9405(3), and the associated manifest line item.

(b) Place in the special handling instructions and additional information section of the manifest the words "Commingle Same," as specified in R 299.9405(2), or the words "Commingle Different," as specified in R 299.9405(3), and the associated manifest line item.

(5) The requirements of this rule and R 299.9310(1)(d) do not apply to the transport of hazardous waste shipments on a public or private right-of-way within or along the border of contiguous property under the control of the same person, even if the property is contiguous property divided by a public or private right-of-way. Notwithstanding R 299.9401, the generator or transporter shall comply with the requirements for transporters in R 299.9410 in the event of a discharge of hazardous waste on a public or private right-of-way.

(6) 40 CFR 3.10, 262.20, 262.21, 262.22, 262.23, 262.24, and 262.27 and the appendix to part 262 are adopted by reference in R 299.11003. For the purposes of adoption, the term "site identification number" replaces the term "EPA identification number," the term "R 299.9207" replaces the term "§261.7," and the term "§264.72" replaces the term "§265.72."

**History**
- *History: 1985 AACS; 1988 AACS; 2004 AACS; 2008 AACS; 2013 AACS; 2020 AACS; 2025 AACS*

##### **Mich. Admin. Code R 299.9310** Pre-transport requirements applicable to small and large quantity generators {#sec-r-299.9310 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9310}

Rule 310. (1) Before transporting hazardous waste or offering hazardous waste for transportation off-site, a small quantity or large quantity generator shall do all the following:

(a) Package the waste in accordance with the applicable DOT regulations on packaging under 49 CFR parts 173, 178, and 179.

(b) Label each package in accordance with the applicable DOT regulations on hazardous materials under 49 CFR part 172.

(d) Mark each container of 119 gallons or less used in the transportation with the following words and information displayed in accordance with 49 CFR 172.304:

(i) HAZARDOUS WASTE Federal Law Prohibits Improper Disposal. If found, contact the nearest police or public safety authority or the U.S. Environmental Protection Agency.

(ii) Generator's Name and Address _________________ (iii) Generator's Site Identification Number ____________ (iv) Manifest Tracking Number _____________________ (v) The hazardous waste number identifying the waste.

(e) A generator may use a nationally recognized electronic system, such as bar coding, to identify the hazardous waste number, as required by subdivision (d)(v) or subdivision (f) of this subrule.

(f) Lab packs that will be incinerated in compliance with 40 CFR 268.42(c) are not required to be marked with hazardous waste numbers, except D004, D005, D006, D007, D008, D010, and D011, if applicable.

(g) Placard or offer the initial transporter the appropriate placards according to DOT regulations for hazardous materials under 49 CFR part 172, subpart F.

(2) The placement of bulk or non-containerized liquid hazardous waste or hazardous waste containing free liquids, whether or not sorbents have been added, in any landfill is prohibited. Before disposal in a hazardous waste landfill, liquids must meet additional requirements as specified in 40 CFR 264.314 and 265.314.

(3) 49 CFR parts 172, 173, 178, and 179 are adopted by reference in R 299.11004.

**History**
- *History: 1988 AACS; 1994 AACS; 2004 AACS; 2008 AACS; 2020 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 299.9311** Recordkeeping for small and large quantity generators {#sec-r-299.9311 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9311}

Rule 311. (1) Small and large quantity generators shall keep records supporting the hazardous waste determinations made under R 299.9302 for not less than 3 years from the date that the waste was last sent to on-site or off-site treatment, storage, or disposal. The records must include all the following information:

(a) The type of waste and the source or process from which it was produced.

(b) The chemical composition and properties of the waste and the anticipated fluctuations in its chemical composition and properties.

(d) Records documenting the validity and relevance of the tests, sampling, and analytical methods used, including all the following information:

(i) The sampling procedure and the reasons for determining that the sample is representative of the waste.

(ii) The accuracy and precision of any tests conducted.

(e) The knowledge basis for the generator’s determination if testing, sampling, and waste analyses were not conducted.

(2) A small or large generator that is requested by the director to submit any of the information in subrule (1) of this rule shall provide the required information within 30 days after receipt of the request.

(3) Small and large quantity generators shall keep a copy of each manifest signed under R 299.9309 for 3 years or until the small or large quantity generator receives a signed copy from the designated facility that received the waste. This signed copy must be retained as a record for not less than 3 years from the date the waste was accepted by the initial transporter.

(4) A large quantity generator shall keep a copy of the data submitted under R 299.9312(1), exception report, or other report required by the director, or the director’s designee, for a period of not less than 3 years from the due date of the report.

(5) Small and large quantity generators shall keep the documentation required under R 299.9503(1)(i)(ix) for not less than 3 years from the date that the waste was treated.

(6) Small and large quantity generators shall keep the documentation required under R 299.9213(5) for not less than 3 years.

(7) Small and large quantity generators shall keep documentation of all records required under R 299.9306 and R 299.9307, respectively, for not less than 3 years and make the records readily available to the department on request.

(8) The periods of retention referred to in this rule are extended automatically during any unresolved enforcement action regarding the regulated activity or as requested by the director.

**History**
- *History: 1988 AACS; 1994 AACS; 2000 AACS; 2020 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 299.9312** Reporting for large and small quantity generators {#sec-r-299.9312 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9312}

Rule 312. (1) A generator that is a large quantity generator for not less than 1 month of an odd-numbered year, the reporting year, that ships any hazardous waste off-site to a treatment, storage, or disposal facility within the United States shall complete and submit EPA Form 870013 A/B to the director or the director's designee by March 1 of the following even-numbered year and cover generator activities during the previous year.

(2) Any generator that is a large quantity generator for not less than 1 month of an odd-numbered year, the reporting year, who treats, stores, or disposes of hazardous waste on-site shall complete and submit EPA Form 8700-13 A/B to the director or the director's designee by March 1 of the following even-numbered year covering those wastes in accordance with parts 5 and 6 of these rules. This requirement also applies to large quantity generators that receive hazardous waste from very small quantity generators under R 299.9307(6).

(3) Exports of hazardous waste to foreign countries are not required on EPA Form-8700-13-A/B. A separate annual report requirement is set forth in 40 CFR 262.83(g) for hazardous waste exporters.

(4) Any large quantity generator that does not receive a copy of the manifest with the handwritten signature of the owner or operator of the designated facility within 35 days of the date the waste was accepted by the initial transporter shall do both of the following:

(a) Contact the transporter or the owner or operator of the designated facility to determine the status of the hazardous waste.

(b) If the generator has not obtained confirmation that the manifest with the handwritten signature of the owner or operator of the designated facility within 45 days of the date the waste was accepted by the initial transporter, then the generator shall submit an exception report to the director, or the director’s designee, and the EPA regional administrator for the region in which the generator is located. The exception report must include both of the following:

(i) A legible copy of the manifest for which the generator does not have confirmation of delivery.

(ii) A cover letter signed by the generator, or the generator's authorized representative, explaining the efforts taken to locate the hazardous waste and the results of those efforts.

(5) Any small quantity generator that does not receive a copy of the manifest with the handwritten signature of the owner or operator of the designated facility within 60 days of the date the waste was accepted by the initial transporter shall submit a legible copy of the manifest, with some indication that the generator has not received confirmation of delivery, to the director or the director’s designee and the regional administrator for the region in which the generator is located.

(6) For rejected shipments of hazardous waste, the time frames referenced in subrules (4) and (5) of this rule begin the date the waste was accepted by the initial transporter forwarding the hazardous waste shipment from the designated facility to the alternate facility.

(7) A generator shall furnish periodic reports of hazardous waste generated, stored, transferred, treated, disposed of, or transported for treatment, storage, or disposal required by the director or the director’s designee.

**History**
- *History: 1998 AACS; 2013 AACS; 2020 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 299.9313** Land disposal restrictions {#sec-r-299.9313 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9313}

Rule 313. (1) Generators of hazardous waste shall comply with the applicable requirements and restrictions of 40 CFR part 268.

(2) 40 CFR part 268 is adopted by reference in R 299.11003. For the purposes of adoption, the term “director" replaces the terms "administrator" and "assistant administrator," the term "R 299.9305, R 299.9306, and R 299.9307" replaces the term "§§262.15, 262.16, and 262.17," the term "part 6 of these rules" replaces the term "parts 264 and 265 of this chapter," and the term "part 2 of these rules" replaces the term "subparts C and D of part 261 of this chapter," except in 40 CFR 268.5, 268.6, 268.40(b), 268.42(b), and 268.44(a) to (g) and (i) to (o).

**History**
- *History: 2013 AACS; 2020 AACS.*

##### **Mich. Admin. Code R 299.9314** Transfrontier movements of hazardous waste for recovery and disposal {#sec-r-299.9314 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9314}

Rule 314. (1) Persons that import or export wastes that are considered hazardous under the United States national procedures and that are destined for recovery operations shall comply with 40 CFR part 262, subpart H, except 262.80, including recognition of the electronic import-export reporting compliance date. A waste is considered hazardous under the United States national procedures if it meets the federal definition of hazardous waste in 40 CFR 261.3 and it is subject to either the manifesting requirements of part 3 of these rules, the universal waste provisions of R 299.9228, or the export requirements in the spent lead-acid battery management standards of R 299.9804.

(2) Any person subject to this rule, including a notifier, consignee, or recovery facility operator, that mixes 2 or more hazardous waste or wastes or otherwise subjects 2 or more hazardous waste or wastes to physical or chemical transformation operations, and thus creates a new hazardous waste, shall comply with the following requirements:

(a) The person is considered the generator of the waste and shall comply with the requirements of part 3 of these rules.

(b) The applicable notifier requirements of 40 CFR part 262, subpart H.

(3) 40 CFR part 262, subpart H, except 262.80, is adopted by reference in R 299.11003.

**History**
- *History: 2020 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 299.9315** Academic laboratories; alternate generator requirements {#sec-r-299.9315 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9315}

Rule 315. (1) This rule provides alternate requirements for hazardous waste determinations and accumulation of hazardous waste in laboratories owned by eligible academic entities.

(2) Persons with laboratories owned by eligible academic entities may elect to comply with the requirements of 40 CFR part 262, subpart K, except 262.201 and 262.202, instead of the requirements of R 299.9304 to R 299.9307, as applicable.

(3) 40 CFR part 262, subpart K, except 262.201 and 262.202 and the references to performance track members, is adopted by reference in R 299.11003. For the purposes of adoption, the term "director" replaces the term "EPA regional administrator," the term "site identification number" replaces "EPA identification number," the term "operating license" replaces the term "RCRA Part B permit," the term "hazardous waste numbers" replaces the term "hazardous waste codes," the term "Michigan site identification form EQP5150" replaces the term "RCRA Subtitle C Site Identification Form (EPA Form 8700-12)," the term "R 299.9101(bb)" replaces the term "§260.11," the term "R 299.9212" replaces the term "40 CFR part 261, subpart C," the term "R299.9213 and R 299.9214" replaces the term "40 CFR part 261, subpart D," the term "R 299.9202" replaces the term "§261.2," the term "R 299.9203" replaces the term "§261.3," the term "R 299.9304" replaces the term "§261.5," the term "R 299.9214" replaces the term "§261.33(e)," the term "part 3 of the rules" replaces the term "40 CFR part 262," the term "R 299.9302" replaces the term "§262.11," the term "R 299.9302(1)(a)" replaces the term "§262.11(a)," the term "R 299.9303" replaces the term "§262.13," the term "R 299.9304" replaces the term "§262.14," the term "R 299.9305" replaces the term "§262.15," the term "R 299.9306" replaces the term "§262.16," the term "R 299.9306(1)(d)(i)(G) and (ii)(K)" replaces the term "§262.16(b)(6)," the term "R 299.9307" replaces the term "§262.17," and the term "R 299.9307(1)(b)(i)(I) and (ii)(A)" replaces the term "§262.17(a)(5)."

**History**
- *History: 2020 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 299.9316** Episodic generation; alternate requirements for very small and small quantity generators {#sec-r-299.9316 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9316}

Rule 316. (1) This rule provides alternative requirements for very small and small quantity generators and the episodic generation of wastes beyond their usual generator categories.

(2) A very small quantity generator may maintain its existing generator category for hazardous waste generated during an episodic event if the very small quantity generator complies with all the following conditions:

(a) The very small quantity generator is limited to 1 episodic event per calendar year, unless a petition is granted under subrules (4) to (7) of this rule.

(b) The very small quantity generator shall notify the director no later than 30 calendar days before initiating a planned episodic event using Michigan site identification form EQP5150. In the event of an unplanned episodic event, the very small quantity generator shall notify the director within 72 hours of the unplanned event via phone, email, or fax and subsequently submit Michigan site identification form EQP5150. The very small quantity generator shall include the start date and end date of the episodic event, the reason or reasons for the event, types and estimated quantities of hazardous waste expected to be generated as a result of the episodic event and identify a facility contact and emergency coordinator with 24-hour telephone access to discuss the notification submittal or respond to an emergency in compliance with R 299.9306(1)(n).

(c) The very small quantity generator shall have a site identification number or obtain a site identification number using Michigan site identification form EQP5150.

(d) A very small quantity generator is prohibited from accumulating hazardous waste generated from an episodic event on drip pads and in containment buildings.

(e) The episodic hazardous waste is managed under 1 or more of the following methods:

(i) In containers and the very small quantity generator complies with all the following:

(A) The standards of R 299.9306(1)(d)(i).

(B) Each container is marked or labeled with all the following:

(I) The words "Episodic Hazardous Waste."

(II) A description of the waste and an indication of the hazards of the contents. The indication of the hazards of the contents may include the applicable hazardous waste characteristic or characteristics; the hazard communication consistent with 49 CFR part 172, subpart E or F; a hazard statement or pictogram consistent with 29 CFR 1910.1200; or a chemical hazard label consistent with the NFPA standard no. 704.

(III) The date the episodic event began.

(ii) In tanks and the very small quantity generator complies with all the following:

(A) The standards of R 299.9306(1)(d)(ii).

(B) Each tank is marked or labeled with both of the following:

(I) The words "Episodic Hazardous Waste."

(II) A description of the waste and an indication of the hazards of the contents. The indication of the hazards of the contents may include the applicable hazardous waste characteristic or characteristics; hazard communication consistent with 49 CFR part 172, subpart E or F; a hazard statement or pictogram consistent with 29 CFR 1910.1200; or a chemical hazard label consistent with the NFPA standard no. 704.

(C) Use inventory logs, monitoring equipment, or other records to identify the date upon which each episodic event begins.

(D) Keep inventory logs or records with the above information on-site and readily available for inspection.

(iii) Hazardous waste must be managed in a manner that minimizes the possibility of a fire, explosion, or release of hazardous waste or hazardous waste constituents to the air, soil, or water which could threaten human health or the environment.

(f) The very small quantity generator shall comply with the hazardous waste manifest provisions in R 299.9309 when it sends its episodic event hazardous waste off-site to a designated facility. The very small quantity generator has up to 60 calendar days from the start of the episodic event to manifest and send its hazardous waste generated from the episodic event to a designated facility.

(g) The very small quantity generator shall maintain all the following records for 3 years from the end date of the episodic event:

(i) The beginning and end dates of the episodic event.

(ii) A description of the episodic event.

(iii) A description of the types and quantities of hazardous wastes generated during the event.

(iv) A description of how the hazardous waste was managed as well as the name of the designated facility that received the hazardous waste.

(v) The name of hazardous waste transporters.

(vi) An approval letter from director if the very small quantity generator petitioned to conduct 1 additional episodic event per calendar year.

(3) A small quantity generator may maintain its existing generator category for hazardous waste generated during an episodic event if the small quantity generator complies with all the following conditions:

(a) The small quantity generator is limited to 1 episodic event per calendar year, unless a petition is granted under subrules (4) to (7) of this rule.

(b) The small quantity generator shall notify the director no later than 30 calendar days before initiating a planned episodic event using Michigan site identification form EQP5150. In the event of an unplanned episodic event, the small quantity generator shall notify the director within 72 hours of the unplanned event via phone, email, or fax and subsequently submit Michigan site identification form EQP5150. The small quantity generator shall include the start date and end date of the episodic event, the reason or reasons for the event, the types and estimated quantities of hazardous waste expected to be generated as a result of the episodic event and identify a small quantity generator contact and emergency coordinator with 24-hour telephone access to discuss the notification submittal or respond to an emergency.

(c) The small quantity generator shall have a site identification number or obtain a site identification number using Michigan site identification form EQP5150.

(d) A small quantity generator is prohibited from accumulating hazardous waste generated from an episodic event on drip pads and in containment buildings.

(e) The episodic hazardous waste is managed under 1 or more of the following methods:

(i) In containers and the small quantity generator complies with all he following:

(A) R 299.9306(1)(d)(i).

(B) Each container is marked or labeled with all the following:

(I) The words "Episodic Hazardous Waste."

(III) The date the episodic event began.

(ii) In tanks and the small quantity generator complies with all the following:

(A) The standards of R 299.9306(1)(d)(ii).

(B) Each tank is marked or labeled with both of the following:

(I) The words "Episodic Hazardous Waste."

(C) Use inventory logs, monitoring equipment, or other records to identify the date upon which each episodic event begins.

(D) Keep inventory logs or records with the above information on-site and readily available for inspection.

(f) The small quantity generator shall treat the hazardous waste generated from an episodic event on-site or manifest and ship the hazardous waste off-site to a designated facility within 60 calendar days from the start of the episodic event to manifest and send its hazardous waste generated from the episodic event to a designated facility.

(g) The small quantity generator shall maintain all the following records for 3 years from the end date of the episodic event:

(i) The beginning and end dates of the episodic event.

(ii) A description of the episodic event.

(iii) A description of the types and quantities of hazardous wastes generated during the event.

(iv) A description of how the hazardous waste was managed as well as the name of the designated facility that received the hazardous waste.

(v) The name of hazardous waste transporters.

(vi) An approval letter from the director if the small quantity generator petitioned to conduct 1 additional episodic event per calendar year.

(4) A very small quantity generator or small quantity generator may petition the director for a second episodic event in a calendar year without impacting its generator category under the following conditions:

(a) If a very small quantity generator or small quantity generator has already held a planned episodic event in a calendar year, the generator may petition the director for an additional unplanned episodic event in that calendar year within 72 hours of the unplanned event.

(b) If a very small quantity generator or small quantity generator has already held an unplanned episodic event in a calendar year, the generator may petition the director for an additional planned episodic event in that calendar year.

(5) The petition must include the following:

(a) The reason or reasons why an additional episodic event is needed and the nature of the episodic event.

(b) The estimated amount of hazardous waste to be managed from the event.

(d) The estimated length of time needed to complete management of the hazardous waste generated from the episodic event. This estimated length of time must not exceed 60 days.

(e) Information regarding the previous episodic event managed by the very small quantity generator or small quantity generator, including the nature of the event, whether it was a planned or unplanned event, and how the very small quantity generator or small quantity generator met the conditions.

(6) The petition must be made to the director in writing, either on paper or electronically.

(7) The very small quantity generator or small quantity generator shall retain written approval in its records for 3 years from the date the episodic event ended.

PART 4. TRANSPORTERS OF HAZARDOUS WASTE

**History**
- *History: 2020 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 299.9401** Scope {#sec-r-299.9401 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9401}

Rule 401. (1) This part applies to transporters of hazardous waste if the transportation requires a manifest under part 3 of these rules, and transporters operating under R 299.9309(3).

(2) This part does not apply to on-site transportation of hazardous waste either by generators or by owners or operators of licensed hazardous waste treatment, storage, or disposal facilities.

(3) A transporter of hazardous waste shall also comply with part 3 of these rules relating to hazardous wastes, except for R 299.9311(4) and R 299.9312(1) and (2), and the accumulation time limits specified in R 299.9404(1)(b), if either of the following provisions apply to the transporter:

(a) The transporter is the United States importer of hazardous waste into the state from abroad.

(b) The transporter commingles, by placing the waste in the same container, compatible hazardous waste of different DOT shipping descriptions where the DOT hazard class or the DOT packing group differs in a manner that alters the components of the waste description on the generator's original manifest.

(4) A person that commingles hazardous waste from lab packs shall comply with parts 5, 6, and 7 of these rules if the wastes from the lab packs are mixed.

(5) A transporter of hazardous waste that is being imported from or exported to another country for recovery or disposal shall comply with the requirements of this part and R 299.9314.

(6) This part does not apply to transportation during an explosives or munitions emergency response that is conducted under R 299.9503(2).

2025 AACS.

**History**
- *History: 1985 AACS; 1996 AACS; 1998 AACS; 2000 AACS; 2004 AACS; 2008 AACS; 2020 AACS;*

##### **Mich. Admin. Code R 299.9402** Site identification number {#sec-r-299.9402 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9402}

Rule 402. A transporter shall not transport hazardous wastes without having received a site identification number.

**History**
- *History: 1985 AACS; 2004 AACS.*

##### **Mich. Admin. Code R 299.9403** Transporter requirements {#sec-r-299.9403 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9403}

Rule 403. (1) A person shall not engage in the transportation of hazardous wastes by highway within, into, or through this state without being registered and permitted in accordance with act 138.

**History**
- *History: 1985 AACS; 1996 AACS; 2000 AACS.*

##### **Mich. Admin. Code R 299.9404** Transfer facility requirements {#sec-r-299.9404 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9404}

Rule 404. (1) A transporter at a transfer facility shall comply with all the following requirements:

(a) Manage vehicles and hazardous wastes so that hazardous waste and hazardous waste constituents cannot escape into the soil, directly or indirectly into surface or groundwaters, or uncontrolled into drains or sewers and so that fugitive emissions are controlled by closing, covering, or otherwise sealing containers, as required by 49 CFR 173.24(b), at all times unless the container is being filled or emptied of waste or is being cleaned.

(b) Store hazardous wastes, subject to manifesting requirements, in containers meeting the applicable requirements of 49 CFR parts 107 and 172 to 180 for a period of 10 days or less. Storage for a period of more than 10 days requires compliance with the treatment, storage, and disposal facility requirements of parts 5, 6, and 7 of these rules.

(c) Hazardous wastes must not be routed to the same transfer facility more than once during transportation, unless either of the following provisions applies:

(i) The load has been rejected by the treatment, storage, and disposal facility and the load is either being returned to the generator or is being sent to an alternate treatment, storage, and disposal facility.

(ii) A transporter was temporarily unable to deliver the waste for reasons unrelated to the suitability of the treatment, storage, and disposal facility to manage the waste, such as treatment, storage, and disposal facility maintenance or overbooking or delivery of the load after normal business hours, and rerouting was necessary to ensure subsequent delivery at the designated facility.

(d) When consolidating the contents of 2 or more containers with the same hazardous waste into a new container, or when combining and consolidating 2 different hazardous wastes that are compatible with each other, the transporter shall mark its containers of 119 gallons or less with the following information:

(i) The words "Hazardous Waste."

(ii) The applicable hazardous waste numbers, or in compliance with R 299.9305(1)(e).

(2) A transporter who offloads hazardous wastes during transportation for storage off of the vehicle or conveyance of waste in accordance with R 299.9503(1)(k) shall comply with all the following requirements:

(a) The requirements of subrule (1) of this rule.

(b) For new activity, before the activity begins, provide notification to the department.

Within 30 days of changes to information included in the notification a subsequent notification is required. The notification must include all the following information:

(i) The transporter name and site identification number.

(ii) The transporter mailing address.

(iii) The transporter telephone number.

(iv) The owner of the transfer facility.

(v) The location and telephone number of all the transfer facilities.

(vi) A description of the transfer activity performed at each transfer facility location.

(d) The requirements of 49 CFR parts 130 and 172 to 180, and 40 CFR 263.31 concerning the use and management of containers.

(e) Secondary containment must be sufficiently impervious to prevent any hazardous waste or hazardous waste constituent released into the containment system from migrating out of the system to the soil, groundwater, or surface water.

(f) The requirements of 49 CFR 172.602, 172.702, 172.704, and 177.848 and 29 CFR part 1910, subpart L, and 1910.120(q) and 1910.132 to 1910.138 concerning preparedness and prevention, contingency planning and emergency procedures, and training.

(g) Maintain an inventory log that tracks manifested hazardous waste that is managed at the transfer facility by date of receipt, date of shipment off-site, and manifest number. The inventory log, or similar documentation, must also include the date of the weekly inspection of the areas where containers are stored and the results of the inspection, including, at a minimum, any evidence of container failure, the condition of secondary containment, and remediation correcting any problems noted. Except as required in subdivision (a) of this subrule, the requirements of this subrule do not apply when, during transportation, there is a continuous physical link between vehicles or vehicles and pipelines for waste being offloaded or, in the case of bulk- -packagings authorized by 49 CFR 173.240, the break in the link between the transport vehicles is no longer than is necessary to accomplish the immediate transfer of the bulk packagings from 1 vehicle to another vehicle.

(3) Transfer facility operations must not occur at treatment, storage, and disposal facilities.

(4) 49 CFR parts 107, 130, and 171 to 180, and 29 CFR part 1910, subpart L, and 1910.120(q) and 1910.132 to 1910.138 are adopted by reference in R 299.11004.

2025 AACS.

**History**
- *History: 1985 AACS; 1988 AACS; 1989 AACS; 1996 AACS; 1998 AACS; 2008 AACS; 2020 AACS;*

##### **Mich. Admin. Code R 299.9405** Consolidation and commingling of hazardous waste {#sec-r-299.9405 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9405}

Rule 405. (1) A transporter consolidating containers of hazardous waste shall ensure that the original manifest for each hazardous waste container in the consolidated shipment accompanies the shipment.

(2) A transporter commingling hazardous wastes of the same DOT shipping description if the DOT hazard class and DOT packing group remain the same shall comply with all the following requirements:

(a) 49 CFR part 173, as applicable.

(b) Conduct commingling, unless performed at the generator location when the load is first received by the transporter, in a secondarily contained area that is sufficiently impervious to prevent any hazardous waste or hazardous waste constituent released into the containment system from migrating out of the system to the soil, groundwater, or surface water.

(d) Ensure that incompatible wastes are not commingled.

(e) Ensure that commingled wastes do not undergo chemical or thermal change or treatment and ensure that the resultant waste retains both the physical and chemical characteristics similar to the individual wastes before they were commingled.

(f) Ensure that the generator authorizes the commingling in accordance with R 299.9309(4) and places in the special handling instructions and additional information section of the manifest the hazardous waste number followed by the letters "CS" and the associated manifest line item, denoting the commingling activity.

(g) For bulk rail or water shipments, ensure that where the commingling of wastes results in the original shipment being transported to the designated facility by more than 1 vehicle the extra copies of the manifest as provided by the generator in accordance with R 299.9309 accompany each of the vehicles and that the transporter prepares a DOT-approved shipping paper and attaches the shipping paper to the top of the manifest or manifests. The shipping paper must reflect the differences from the original shipment in terms of quantity, count, and DOT-approved packaging.

(h) Ensure that where the commingling of wastes results in changes to the quantity, count, or DOT-approved packaging on the generator manifest or manifests, the transporter prepares a DOT-approved shipping paper and attaches the shipping paper to the top of the manifest or manifests. The shipping paper must reflect the differences from the original shipment in terms of quantity, count, and DOT-approved packaging.

(i) Ensure that, where a commingled load is rejected by the designated facility, all generators contributing to the commingled load are contacted to designate an alternate facility and that the rejected commingled wastes are not returned to any single generator.

(3) A transporter commingling compatible hazardous wastes of different DOT shipping descriptions where the DOT hazard class or DOT packing group differs in a manner that alters the components of the waste description on the generator's original manifest shall comply with all the following requirements:

(a) Comply with the requirements of subrule (2)(a) to (e) of this rule.

(b) For new activity, before the activity beginning, provide notification to the department.

Within 30 days of changes in information included in the original notification a subsequent notification is required. The notification must include all the following information:

(i) The transporter name and site identification number.

(ii) The transporter mailing address.

(iii) The transporter telephone number.

(iv) The owner of the facility.

(v) If other than the generator site, the location of the facility and the telephone number where commingling activity is performed.

(vi) The description of the commingling activity performed at each facility location.

(d) On the new manifest in the special handling instructions and additional information section, describe the commingled load by adding the hazardous waste number followed by the letters “CD" and the manifest line item.

(e) Ensure that the transporter-initiated manifest and the generator manifests accompany the shipment to the designated facility. The transporter-initiated manifest must satisfy DOT shipping paper requirements and be segregated from the generator manifests. All generator and transporter manifests must be signed by an authorized representative of the designated facility upon receipt of the waste.

(f) Comply with part 3 of these rules relating to the wastes, except for R 299.9311(4) and R 299.9312(1) and (2) and the accumulation time limits specified in R 299.9404(1)(b).

(g) Ensure that, where a commingled load is rejected by the designated facility, all other generators contributing to the load are contacted to jointly, with the transporter, designate an alternate facility and that the rejected commingled wastes are not returned to any single generator. The transporter, under this part, shares generator responsibility.

2025 AACS.

Editor's Note: An obvious error in R 299.9405 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Michigan Register, 2025 MR 8. The memorandum requesting the correction was published in Michigan Register, 2025 MR 13.

**History**
- *History: 1985 AACS; 1988 AACS; 1996 AACS; 1998 AACS; 2008 AACS; 2013 AACS; 2020 AACS;*

##### **Mich. Admin. Code R 299.9406** Transporter vehicle requirements {#sec-r-299.9406 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9406}

Rule 406. (1) A transporter shall carry a copy of the registration and permit, issued in accordance with act 138, and make it available for inspection upon request by the director or the director's designee.

(2) A transporter shall close or cover all vehicles or containers used to transport hazardous waste to prevent the escape of hazardous waste or hazardous waste constituents.

A transporter shall keep the outside of all vehicles and accessory equipment free of hazardous waste or hazardous waste constituents.

(3) A transporter shall ensure that all portions of vehicles that have been in contact with hazardous waste are cleaned of any hazardous waste or hazardous waste constituents and purged of vapor before the transport of any products, incompatible waste, or non-waste material.

(4) A transporter shall protect hazardous waste in the transporter's possession from exposure to weather, fire, physical damage, and vandals.

**History**
- *History: 1985 AACS; 1988 AACS; 1989 AACS; 1996 AACS; 1998 AACS; 2000 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 299.9407** Transporter facility inspections {#sec-r-299.9407 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9407}

Rule 407. (1) The department may inspect all in-state stationary facilities where the transporter owns or holds an interest and at which routine operations associated with the transport of hazardous wastes are performed. Routine operations may include any of the following:

(a) Vehicle storage.

(b) Vehicle cleaning.

(d) Transfer operations.

(e) Dispatching.

(f) Recordkeeping.

(2) The department shall determine, at the time of an inspection, all the following:

(a) Based on a visual inspection, whether there is evidence that hazardous wastes or hazardous waste constituents have escaped to the air, soil, surface water, groundwater, drains, or sewers.

(b) If vehicles are cleaned on-site, whether proper procedures exist for wash water disposal.

(c) Whether facilities are constructed or situated so as to minimize the possibility of the release or escape of hazardous waste or hazardous waste constituents to the soil, surface water, or groundwater.

(d) Whether the transporter complies with other requirements of this part.

**History**
- *History: 1985 AACS; 1996 AACS; 2000 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 299.9408** Transporter vehicle inspections {#sec-r-299.9408 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9408}

Rule 408. The department may inspect a vehicle to determine compliance with this part of these rules.

**History**
- *History: 1985 AACS; 1996 AACS; 2000 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 299.9409** Transporter manifest and recordkeeping requirements {#sec-r-299.9409 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9409}

Rule 409. (1) Hazardous waste transporters shall only transport hazardous waste using a manifest signed in accordance with 40 CFR 262.23, or an electronic manifest that is obtained, completed, and transmitted in accordance with 40 CFR 262.20(a)(3), and signed with in accordance with R 299.9309(2). Hazardous waste transporters shall comply with 40 CFR part 263, subpart B, regarding the manifest system, compliance with the manifest, and recordkeeping.

(2) If the hazardous waste cannot be delivered pursuant to the manifest and 40 CFR 263.21(a), and if the transporter revises the manifest pursuant to 40 CFR 263.21(b)(1), the transporter shall legibly note on the manifest the name and phone number of the person representing the generator from whom instructions have been obtained.

(3) A transporter whose manifested shipment results in a manifest discrepancy, as specified in R 299.9608, and a total or partial rejected shipment shall comply with 40 CFR 263.21(b)(2). Before accepting the rejected portion of the original shipment for transportation, the transporter shall confirm that the generator has prepared a new manifest under part 3 of these rules.

(4) A transporter shall retain all records, logs, or documents required under this part for a period of 3 years and make the records, logs, and documents readily available for inspection by the director or the director’s designee, upon request. The retention period is extended during any unresolved enforcement action regarding the regulated activity or as otherwise required by the department.

(5) 40 CFR part 263, subpart B, is adopted by reference in R 299.11003. For the purposes of adoption, the term "R 299.9207" replaces the term "§261.7."

2020 AACS; 2025 AACS.

**History**
- *History: 1985 AACS; 1996 AACS; 2000 AACS; 2004 AACS; 2008 AACS; 2013 AACS; 2017 AACS;*

##### **Mich. Admin. Code R 299.9410** Hazardous waste discharges {#sec-r-299.9410 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9410}

Rule 410. (1) If a fire, explosion, or other discharge of hazardous waste or hazardous waste constituents occurs during transportation that could threaten human health or the environment, or if a transporter has knowledge that a spill has reached surface water or groundwater, then the transporter shall take appropriate immediate action to protect human health and the environment, including notification of local authorities and the department's pollution emergency alerting system telephone number 800-292-4706. Each notification must include all the following information:

(a) Name of the reporter.

(b) Name and address of carrier represented by the reporter.

(d) Date, time, and location of the incident.

(e) The extent of injuries, if known.

(f) Classification, name, and quantity of the hazardous waste involved and if a continuing danger to life exists at the scene of the fire explosion, or other discharge.

(2) If a discharge of hazardous waste or hazardous waste constituents occurs during transportation and if a state, local government, or federal official acting within the scope of the official's official responsibilities determines that immediate removal of the waste is necessary to protect human health or the environment, then the official may authorize the removal of the waste, without the preparation of a manifest, by transporters that do not have site identification numbers and a registration and permit under act 138.

(3) A transporter that has discharged hazardous waste or hazardous waste constituents shall comply with all the following requirements:

(a) Give notice, if required pursuant to 49 CFR 171.15, to the National Response Center at 800-424-8802 or 202-426-2675.

(b) Report, in writing, as required by 49 CFR 171.16, to the Director, Office of Hazardous Materials Regulations, Materials Transportation Bureau, Department of Transportation, Washington, DC 20590.

(c) Provide notice, if the discharge was from a water (bulk shipment), as required by 33 CFR 153.203 for oil and hazardous substances.

(d) Ensure cleanup of any hazardous waste or hazardous waste constituent discharge or take action as may be required or approved by federal, state, or local officials so that the hazardous waste or hazardous waste constituent discharge no longer presents a hazard to human health or the environment.

(4) The provisions of 33 CFR 153.203 and 49 CFR 171.15 and 171.16 are adopted by reference in R 299.11004.

**History**
- *History: 1985 AACS; 1996 AACS; 2000 AACS; 2004 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 299.9411** Rescinded {#sec-r-299.9411 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9411}

**History**
- *History: 1985 AACS; 1996 AACS; 2000 AACS.*

##### **Mich. Admin. Code R 299.9412** Rescinded {#sec-r-299.9412 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9412}

**History**
- *History: 1985 AACS; 1988 AACS; 1998 AACS; 2000 AACS.*

##### **Mich. Admin. Code R 299.9413** Land disposal restrictions {#sec-r-299.9413 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9413}

Rule 413. (1) Transporters of hazardous waste shall comply with the applicable requirements and restrictions of 40 CFR part 268.

(2) 40 CFR part 268 is adopted by reference in R 299.11003. For purposes of adoption, the term "director" replaces the terms "administrator" and "assistant administrator," the term "R 299.9305, R 299.9306, and R 299.9307" replaces the term "§§262.15, 262.16, and 262.17," the term "part 6 of these rules" replaces the term "parts 264 and 265 of this chapter," and the term "part 2 of these rules" replaces the term "subparts C and D of part 261 of this chapter," except in 40 CFR 268.5, 268.6, 268.40(b), 268.42(b), and 268.44(a) to (g) and (i) to (o).

PART 5. OPERATING LICENSES

**History**
- *History: 1994 AACS; 2000 AACS; 2020 AACS.*

##### **Mich. Admin. Code R 299.9501** Operating licenses for new facilities; and expansion, enlargement, or alteration of existing facilities; applicability {#sec-r-299.9501 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9501}

Rule 501. (1) Except as otherwise specified in R 299.9503, R 299.9524, and subrules (2), (3), and (4) of this rule, issuance of an operating license by the director must occur before any of the following begins:

(a) The physical construction of a new treatment, storage, or disposal facility.

(b) The expansion or enlargement beyond the previously authorized design capacity or area of a treatment, storage, or disposal facility.

(c) The alteration of the method of treatment or disposal previously authorized at a treatment or disposal facility to a different method of treatment or disposal. A change in only the types and quantity of waste treated, stored, or disposed of, without an expansion, enlargement, or alteration of the facility, does not require a new operating license. These types of changes may require modification of the operating license as set forth in this part or, for facilities operating without a license in accordance with the provisions of R 299.9502(3), (4), or (5), submittal by the owner or operator of a revised part A application before the change.

(2) Each method of treatment or disposal requires a separate operating license. Either or both of the following may be authorized under an operating license for treatment or disposal:

(a) Storage associated with the treatment or disposal.

(b) Wastewater treatment facilities treating wastewater generated from the treatment or disposal of a hazardous waste.

(3) If the director finds an imminent and substantial endangerment to human health or the environment, the director may issue a temporary emergency operating license to a nonlicensed facility to allow treatment, storage, or disposal of hazardous waste or to a licensed facility to allow treatment, storage, or disposal of a hazardous waste not covered by an effective operating license. These activities are not subject to the operating license requirements of part 111 and these rules for new facilities or the expansion, enlargement, or alteration of existing facilities. An emergency operating license may be oral or written.

If oral, it must be followed in 5 days by a written emergency operating license. The emergency operating license may be terminated by the director at any time if the director determines that termination is appropriate to protect human health and the environment.

An emergency operating license must comply with all the following requirements:

(a) It must not exceed 90 days in duration.

(b) It must clearly specify the hazardous wastes to be received and the manner and location of their treatment, storage, or disposal.

(c) It must be accompanied by a public notice published in accordance with R 299.9513, including all the following information:

(i) Name and address of the office granting the emergency authorization.

(ii) Name and location of the licensed facility.

(iii) A brief description of the wastes involved.

(iv) A brief description of the action authorized and the reasons for authorizing it.

(v) Duration of the emergency operating license.

(d) It must incorporate, to the extent possible and not inconsistent with the emergency situation, all applicable requirements of this part and part 6 of these rules. An emergency operating license is not subject to the licensee fees specified by R 299.9510. The licensee shall pay for the cost of all public notices required by these rules for the emergency operating license.

(4) The director may issue a temporary operating license to any person that proposes to utilize, for research purposes, an innovative and experimental hazardous waste treatment technology or process for which standards have not been promulgated under these rules.

These licensed activities are exempt from the requirements of part 111 and these rules for new facilities or the expansion, enlargement, or alteration of existing facilities. To expedite the review and issuance of operating licenses under this subrule, the director may, consistent with the protection of human health and the environment, modify or waive the license application requirements of R 299.9508, except that the director shall not waive rules regarding financial responsibility, including insurance, or waive the public participation process specified in R 299.9511. A temporary operating license issued by the director under this subrule must comply with all the following provisions:

(a) Provide for the construction of facilities, as necessary, and for the operation of the facilities for not more than 1 year, unless renewed, except that any operating license issued under this subrule must not be renewed more than 3 times and each renewal must be for a period of not more than 1 year.

(b) Provide for the receipt and treatment by the facility of only those types and quantities of hazardous waste that the director determines necessary for purposes of determining the efficacy and performance capabilities of the technology or process and the effects of the technology or process on human health and the environment.

(c) Require compliance with the requirements of part 6 of these rules for any hazardous waste storage, and include other requirements as the director deems necessary to protect human health and the environment, such as requirements regarding any of the following:

(i) Monitoring.

(ii) Operation.

(iii) Insurance or bonding.

(iv) Financial responsibility.

(v) Closure.

(vi) Remedial action.

(d) Include requirements that the director determines necessary regarding testing and the providing of information to the director with respect to the operation of the facility.

(5) A temporary operating license issued under subrule (3) or (4) of this rule may be terminated by the director at any time if he or she determines that termination is necessary to protect human health or the environment.

2025 AACS.

**History**
- *History: 1985 AACS; 1988 AACS; 1989 AACS; 1991 AACS; 1996 AACS; 2000 AACS; 2013 AACS;*

##### **Mich. Admin. Code R 299.9502** Operating licenses for existing facilities; applicability and general application requirements {#sec-r-299.9502 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9502}

Rule 502. (1) Part 111 requires an operating license for the treatment, storage, and disposal of any hazardous waste, except for those facilities identified in subrules (3), (4), and (5) of this rule and except as provided in R 299.9623, as identified or listed in parts 2 and 8 of these rules. Requirements for remedial action plans, special forms of operating licenses, are specified in R 299.9524. Owners or operators of hazardous waste management units shall have an operating license during the active life of the unit, including the closure period. Owners or operators of surface impoundments, landfills, land treatment units, and waste pile units that received wastes after July 26, 1982, or that certified closure after January 26, 1983, shall have an operating license for the postclosure period, unless they demonstrate closure by removal pursuant to subrules (8) and (9) of this rule or they obtain an enforceable document in place of an operating license for the postclosure period, as provided for in subrule (12) of this rule. If an operating license for the postclosure period is required, then the license must incorporate the applicable groundwater monitoring, corrective action, and postclosure care requirements of part 6 of these rules. The denial of an operating license for the continued operation of a hazardous waste management facility or unit does not affect the requirement of obtaining a postclosure operating license. Owners or operators of certain facilities require operating licenses that are issued pursuant to part 111 and, in addition, permits that are issued pursuant to other programs for certain aspects of the facility operation. Operating licenses that are issued pursuant to part 111 are required for all the following:

(a) Injection wells that dispose of hazardous waste, except as provided by R 299.9503(3)(a).

(b) The treatment, storage, or disposal of hazardous waste at facilities that require a permit pursuant to part 31, except as provided by R 299.9503(3)(b).

(c) Barges or vessels that dispose of hazardous waste by ocean disposal and onshore hazardous waste treatment or storage facilities that are associated with an ocean disposal operation.

(2) An owner or operator of a facility that is licensed pursuant to part 111 on the effective date of these rules may continue to operate under the existing license if all the following conditions are met:

(a) The facility is being operated in compliance with its existing operating license; the applicable statutory and regulatory requirements promulgated under part 111 after license issuance, as required pursuant to R 299.9516; and all other applicable environmental statutes.

(b) The facility is either of the following:

(i) A facility that qualifies for interim status pursuant to 40 CFR 270.70 and complies with all the following provisions:

(A) Has filed a part A application pursuant to 40 CFR 270.10(e).

(B) Has amended the part A application, as necessary, pursuant to 40 CFR 270.10(g).

(D) Has complied with the applicable provisions of 40 CFR part 265 and 270.71 and the applicable provisions of parts 6 and 8 of these rules.

(E) Has not made changes to the hazardous waste management facility during interim status that amount to reconstruction of the facility. Reconstruction occurs when the capital investment in the changes to the facility is more than 50% of the capital cost of a comparable entirely new hazardous waste management facility. Changes pursuant to this subparagraph do not include changes made solely for complying with the requirements of R 299.9615 for tanks and ancillary equipment. Changes pursuant to this subparagraph do not include changes made solely for managing wastes generated from releases that originate within the facility boundary, pursuant to R 299.9503(4)(c).

(ii) A facility that is permitted pursuant to 40 CFR part 270 and complies with the permit or license issued.

(c) The owner or operator submits an application for a new license to the director not less than 180 days before license expiration.

(d) The owner or operator complies with all applicable requirements of parts 6, 7, and 8 of these rules.

(3) An owner or operator of a storage facility that is in existence on March 30, 1983, and that is subject to the licensing requirements of part 111 solely due to the 1982 amendments to part 111 may continue to operate until the director acts upon the facility's application for an operating license, if all the following conditions are met:

(a) The facility complies with subrule (2)(b) of this rule.

(b) The owner or operator submits a complete operating license application within 180 days after being requested to do so by the director.

(c) The owner or operator complies with the applicable requirements of parts 6, 7, and 8 of these rules and all applicable environmental statutes.

(4) The owner or operator of a treatment, storage, or disposal facility that is in existence on the effective date of amendments to part 111 or these rules that render the facility subject to the licensing requirements of part 111 may continue to operate until the director acts upon the owner or operator's application for an operating license, if the conditions of subrule (3) of this rule are met.

(5) An owner or operator of a facility that is in existence on January 1, 1980, and that is subject to the licensing requirements of part 111, but that has not yet obtained an operating license pursuant to part 111, may continue to operate until the director acts upon the facility's application for an operating license if the owner or operator meets the conditions of subrule (3) of this rule.

(6) Allowing continued operation pursuant to subrules (2) to (5) of this rule does not do any of the following:

(a) Reduce the owner or operator's responsibility to dispose of all hazardous waste in a manner that protects the environment and human health.

(b) Eliminate or reduce past, present, or future liability incurred during the operation.

(c) Restrict the ability of state or local governmental agencies to take action to enforce existing laws, statutes, rules, or regulations.

(7) A person who proposes to initiate the operation of any treatment, storage, or disposal facility shall submit, to the director, on forms provided by the director or the director’s designee, an operating license application that sets forth the information required by R 299.9508.

(8) Owners or operators of surface impoundments, land treatment units, and waste piles closing by removal or decontamination pursuant to 40 CFR part 265 standards shall obtain an operating license for the postclosure period, unless the owners or operators can provide an equivalency demonstration to the director that the closure met the standards for closure by removal or decontamination specified in 40 CFR 264.228, 264.280(e), or 264.258, respectively. The demonstration must be made as follows:

(a) If the owner or operator has submitted an operating license application for the postclosure period, the owner or operator may request a determination, based on information contained in the application, that 40 CFR part 264 closure-by-removal standards were met. If the director determines that 40 CFR part 264 standards were met, the director shall notify the public of the proposed decision, allow for public comment, and reach a final determination according to the procedures in subrule (9) of this rule.

(b) If the owner or operator has not submitted an operating license for the postclosure period, then the owner or operator may petition the director for a determination that an operating license for the postclosure period is not required because the closure complies with the applicable 40 CFR part 264 closure standards. The petition must include all data that demonstrates that closure by removal or decontamination standards were met, or the petition must demonstrate that the unit closed pursuant to state requirements that met or exceeded the applicable 40 CFR part 264 closure by removal standard. The director shall approve or deny the petition according to the procedures outlined in subrule (9) of this rule.

(9) If a facility owner or operator seeks an equivalency demonstration pursuant to subrule (8) of this rule, the director shall do all the following:

(a) Provide the public, through a newspaper notice, the opportunity to submit written comments on the information submitted by the owner or operator within 30 days from the date of the notice.

(b) In response to a request, hold a public hearing concerning the equivalence of the 40 CFR part 265 closure to a 40 CFR part 264 closure and give public notice of the hearing not less than 30 days before it occurs.

(c) Determine whether the 40 CFR part 265 closure met the 40 CFR part 264 closure by removal or decontamination requirements within 90 days of receipt of the petition.

(d) If the director finds that the closure did not meet the applicable standards of 40 CFR part 264, then provide the owner or operator with a written statement of the reasons why the closure failed to meet 40 CFR part 264 standards.

(10) If the director determines, pursuant to subrule (9) of this rule, that a closure was not in compliance with the applicable 40 CFR part 264 standards, then the owner or operator may submit additional information in support of an equivalency demonstration within 30 days after receiving a written statement from the director. The director shall review any additional information submitted and make a final determination within 60 days. If the director determines that the facility did not close pursuant to 40 CFR part 264 closure by removal standards, then the facility is subject to operating license requirements for the postclosure period.

(11) Owners or operators of waste military munitions treatment and disposal facilities may continue to accept waste munitions if all the following conditions are met:

(a) The facility was in existence as a hazardous waste facility and already licensed to handle waste military munitions, on the effective date the waste munitions became subject to regulation under these rules.

(b) On or before the effective date the waste military munitions became subject to regulation under these rules, the licensee submits an operating license modification to remove or amend the license provisions that restrict the receipt of off-site waste munitions.

(c) The licensee submits a complete modification request within 180 days of the effective date on that the waste munitions became subject to regulation under these rules.

(12) At the discretion of the director, an owner or operator may obtain, in place of an operating license for the postclosure period, an enforceable document that satisfies the requirements of R 299.9508(3) and (4), R 299.9612, and R 299.9629. The director, in issuing enforceable documents under this subrule, shall ensure a meaningful opportunity for public involvement which, at a minimum, includes public notice and opportunity for public comment when the department becomes involved in a remediation at the facility as a regulatory or enforcement matter, on the proposed preferred remedy and the assumptions the remedies are based on, in particular those related to land use and site characterizations, and at the time of a proposed decision that remedial action is complete at the facility. The public notice and public comment requirements of this subrule may be modified if the facility meets either of the following conditions:

(a) If the director determines that even a short delay in the implementation of a remedy would adversely affect human health or the environment, the director may delay compliance with the public notice and public comment requirements of this subrule and implement the remedy immediately. However, the director shall ensure involvement of the public at the earliest opportunity, and, in all cases, upon making the decision that additional remedial action is not needed at the facility.

(b) The director may allow a remediation initiated before October 22, 1998, to substitute for corrective action required under a postclosure license even if the public involvement requirements of this subrule have not been met if the director ensures that notice and comment on the decision that no further remediation is necessary to protect human health and the environment takes place at the earliest reasonable opportunity after October 22, 1998.

(13) The provisions of 40 CFR 264.96, 264.117, 265.111, 265.114, 270.10(e) and (g), 270.70, 270.71, and 270.73 and part 265, except subparts E, H, and DD and 40 CFR 265.112(d)(1), 265.115, and 265.120, are adopted by reference in R 299.11003, with the exception that the word "director" replaces the term "regional administrator."

2013 AACS; 2017 AACS; 2025 AACS.

**History**
- *History: 1985 AACS; 1988 AACS; 1991 AACS; 1994 AACS; 1996 AACS; 2000 AACS; 2004 AACS;*

##### **Mich. Admin. Code R 299.9503** Operating licenses; exemptions {#sec-r-299.9503 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9503}

Rule 503. (1) The following persons do not require an operating license under part 111:

(a) Persons that own or operate a facility that treats, stores, or disposes of hazardous waste in compliance with parts 31, 55, and 115, if the only hazardous wastes the facility treats, stores, or disposes of are excluded from regulation under R 299.9304.

(b) Generators that accumulate hazardous waste on-site for less than the time periods provided in R 299.9305 to R 299.9307.

(d) Owners or operators of totally enclosed treatment facilities.

(e) Owners or operators of elementary neutralization units.

(f) Owners or operators of wastewater treatment units if the following conditions, as applicable, are met:

(i) The units are subject to regulation under section 307(b) or 402 of the federal clean water act, 33 USC 1317 and 1342.

(ii) The units are located on the site of a generator and do not treat hazardous waste from another generator unless the waste is shipped entirely by pipeline, or the offsite generator has the same owner as the facility where the unit is located.

(iii) If an owner or operator is diluting D001 waste, other than D001 high TOC subcategory waste as defined in 40 CFR 268.40, or D003 waste, to remove the hazardous characteristic before land disposal, the owner or operator complies with the requirements of 40 CFR 264.17(b) and 265.17(b), as applicable.

(g) Transporters storing manifested shipments of hazardous waste in containers at a transfer facility for a period of 10 days or less if the transfer facility requirements of R 299.9404 are met.

(h) Persons adding absorbent material to hazardous waste in a container, and persons adding hazardous waste to absorbent material in a container, if all the following conditions are met:

(i) The actions occur at the site of generation when hazardous waste is first placed in the container.

(ii) Liquids are not absorbed in materials that biodegrade or that release liquids when compressed.

(iii) The provisions of 40 CFR 264.17(b), 264.171, and 264.172 are met.

(i) Generators that have onsite treatment facilities if a generator complies with all the following requirements:

(i) All treatment is conducted in either containers or tanks.

(ii) If the treatment occurs in containers, then all the following requirements are met:

(A) The requirements of 40 CFR part 265, subpart I, except 40 CFR 265.173.

(B) The containers holding hazardous waste are always closed, except when it is necessary to add, remove, or treat the waste.

(C) The containers holding hazardous waste are not opened or handled in a manner that may rupture the containers or cause them to leak.

(D) The containment requirements of 40 CFR 264.175.

(E) The generator documents the inspections required under 40 CFR 265.174.

(iii) If the treatment occurs in tanks, the requirements of 40 CFR part 265, subpart J, except for 40 CFR 265.197(c) and 265.200.

(iv) The requirements of 40 CFR part 265, subpart C.

(v) The area where the waste is treated is protected, as appropriate for the type of waste being treated, from weather, fire, physical damage, and vandals.

(vi) Hazardous waste treatment is conducted so that hazardous waste or hazardous waste constituents cannot escape by gravity into the soil, directly or indirectly, into surface or groundwaters, or into drains or sewers and so that fugitive emissions are not in violation of part 55.

(vii) The closure standards of 40 CFR 265.111 and 265.114.

(viii) All treatment is completed within 90 days from the date that accumulation of the waste began if the generator is a large quantity generator or within 180 days from the date that the accumulation of the waste began if the generator is a small quantity generator.

(ix) Documentation is maintained on-site that specifies the date that accumulation of the waste began, the date that treatment of the waste began, and the date that treatment of the waste was completed.

(x) The requirements of R 299.9602, R 299.9603(1)(b) to (f) and (4), R 299.9604, R 299.9627, and R 299.9633.

(j) Universal waste handlers and universal waste transporters when handling the wastes identified in R 299.9228(1). Universal waste handlers and universal waste transporters are subject to R 299.9228 when handling the universal wastes identified in R 299.9228(1).

(k) Owners or operators that use a pipeline for the sole purpose of transferring wastes to and from treatment or storage tanks at the facility and bulk railcars at an off-site transfer facility, if all the following requirements are met:

(i) The pipeline is owned and operated by the owner or operator.

(ii) The pipeline meets the requirements for ancillary equipment under 40 CFR part 264, subpart J.

(iii) Wastes are not stored in the pipeline.

(iv) The owner or operator establishes as part of their waste analysis plan procedures for receipt of the wastes by the facility to and from the transport vehicle.

(v) The owner or operator uses the pipeline solely as a method of transferring wastes and not as an extension of the facility boundary beyond the area specified in their current operating license or authorization.

(l) Owners or operators of facilities that store military munitions that have been classified as a waste in accordance with part 2 of these rules unless otherwise specified in R 299.9817.

(m) Reverse distributors that accumulate potentially creditable hazardous waste pharmaceuticals and evaluated hazardous waste pharmaceuticals if the requirements of R 299.99824 to R 299.9833 instead of part 6 of these rules for the accumulation of potentially creditable are met.

(2) A person that is engaged in treatment or containment activities during immediate response to a discharge of a hazardous waste; an imminent and substantial threat of a discharge of hazardous waste; a discharge of a material that, when discharged, becomes a hazardous waste; or an immediate threat to human health, public safety, property, or the environment, from the known or suspected presence of military munitions, other explosive material, or an explosive device, as determined by an explosive or munitions emergency response specialist shall not be subject to the operating license requirements of part 111 and these rules. Any person that continues or initiates hazardous waste treatment or containment activities after the immediate response is over is subject to all applicable requirements of this part and part 6 of these rules, except as provided in subrule (4) of this rule. In the case of an explosives or munitions emergency response, if a federal, state, tribal or local official acting within the scope of their official responsibilities, or an explosives or munitions emergency response specialist, determines that immediate removal of the material or waste is necessary to protect human health or the environment, that official or specialist may authorize the removal of the material or waste by transporters who do not have EPA identification numbers. In the case of emergencies involving military munitions, the responding military emergency response specialist's organizational unit shall retain records for 3 years identifying the dates of the response, the responsible persons responding, the type and description of material addressed, and its disposition.

(3) The following are considered to have an operating license and are not subject to the operating license requirements of part 111 and these rules for new facilities or expanded, enlarged, or altered existing facilities if the listed conditions are met:

(a) The owner or operator of an injection well disposing of hazardous waste, if the owner or operator meets all the following requirements:

(i) Has a permit for underground injection that is issued pursuant to 40 CFR parts 124, 144, 145, 146, and 147, subpart X.

(ii) Complies with the conditions of the permit and the requirements of 40 CFR 144.14.

(iii) Has a permit that is issued after November 8, 1984, for underground injection that is issued pursuant to 40 CFR parts 124, 144, 145, 146, and 147, subpart X and complies with both of the following:

(A) R 299.9629.

(B) Where the underground injection well is the only unit at a facility that requires a permit, complies with 40 CFR 270.14(d).

(b) The owner or operator of a publicly owned treatment works that accepts hazardous waste for treatment if the waste complies with all federal, state, and local pretreatment requirements that would be applicable to the waste if it were being discharged into the publicly owned treatment works (POTW) through a sewer, pipe, or similar conveyance, if the owner or operator has a national pollutant discharge elimination system (NPDES) permit and the owner or operator complies with the conditions of the permit, and if the owner or operator complies with all the following requirements:

(i) 40 CFR 264.11.

(ii) R 299.9608.

(iii) R 299.9609.

(iv) R 299.9610.

(v) For NPDES permits issued after November 8, 1984, R 299.9629.

(4) The director shall exempt persons that conduct the following activities from the operating license requirements of part 111 and these rules, but only if the exemption does not constitute a less stringent permitting requirement than is required under RCRA:

(a) The treatment of hazardous waste during the closure of a treatment, storage, or disposal unit, if both of the following conditions apply:

(i) The treatment occurs at the site of generation.

(ii) The treatment is authorized in a closure plan approved by the director or the director’s designee.

(b) Closure of an existing surface impoundment for hazardous waste that is closed as a landfill pursuant to R 299.9616(3), if the closure is authorized in a closure plan approved by the director or the director’s designee and an operating license is obtained for the postclosure period.

(c) The treatment, storage, or disposal of hazardous waste at the individual site of generation if conducted solely in response to, or as corrective action under, and in full compliance with, a plan developed or approved by the director, or the director’s designee, under part 31, 111, 201, or 213, or an administrative or judicial consent order to which the director is a party and if the treatment, storage, or disposal is conducted in accordance with the technical standards of part 6 of these rules.

(d) Treatment, storage, or disposal of hazardous waste at the individual site of generation, if conducted solely in response to, or as a corrective action under, and in full compliance with CERCLA.

(5) 40 CFR parts 124, 144, 145, 146, 147, and 265, subparts I and J, except 40 CFR 265.197(c) and 265.200, and 40 CFR 264.11, 264.17(b), 264.171, 264.172, 264.175, 265.111, 265.114, and 268.7(a)(4) are adopted by reference in R 299.11003.

2013 AACS; 2020 AACS; 2025 AACS.

**History**
- *History: 1985 AACS; 1988 AACS; 1989 AACS; 1994 AACS; 1996 AACS; 2000 AACS; 2008 AACS;*

##### **Mich. Admin. Code R 299.9504** Operating license application for new facilities; the expansion, enlargement, or alteration of existing facilities; content {#sec-r-299.9504 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9504}

Rule 504. (1) In addition to the information required pursuant to subrule (18) of this rule, all applications for an operating license for a new facility or the expansion, enlargement, or alteration of an existing facility must include all the following items:

(a) An application fee or deposit as calculated pursuant to R 299.9507.

(b) General information that is required pursuant to 40 CFR 270.13.

(d) A hydrogeological report that contains the information required pursuant to R 299.9506.

(e) An environmental assessment, including a failure mode assessment that provides an analysis of the potential major methods by which safe handling of hazardous wastes may fail at a treatment, storage, or disposal facility. The owner or operator of a facility that stores, treats, or disposes of hazardous waste in a surface impoundment or a landfill shall include, in the environmental assessment, information that is reasonably ascertainable by the owner or operator on the potential for the public to be exposed to hazardous wastes or hazardous constituents through releases related to the unit. At a minimum, the information must address all the following subjects:

(i) Reasonably foreseeable potential releases from both normal operations and accidents at the unit, including releases associated with transportation to or from the unit.

(ii) The potential pathways of human exposure to hazardous waste or constituents resulting from the releases described in paragraph (i) of this subdivision.

(iii) The potential magnitude and nature of the human exposure resulting from the releases described in paragraph (i) of this subdivision.

(f) An environmental monitoring program that complies with R 299.9611.

(g) Engineering plans of all process equipment and containment structures at the facility.

The plans must be prepared and sealed by a registered professional engineer and include all the following information:

(i) Plan views, elevations, sections, and supplementary views that, together with general layout drawings, provide working information for the review of the facility.

(ii) Specifications on all construction materials and installation methods.

(iii) The basis of design for all process equipment and containment structures.

(iv) A flow diagram of the entire treatment, storage, or disposal process.

(v) The design capacity of each process.

(h) A written summary of the comments received at the preapplication meeting required by R 299.9511(1) and the applicant's response to the comments, including any revisions to the application.

(2) Applicants proposing to store containers of hazardous waste shall submit the information required pursuant to 40 CFR 270.15 in an operating license application for a new facility or the expansion, enlargement, or alteration of an existing facility.

(3) Applicants proposing to store or treat hazardous waste in tanks shall submit the information required pursuant to 40 CFR 270.16 in an operating license application for a new facility or the expansion, enlargement, or alteration of an existing facility.

(4) Applicants proposing to incinerate or thermally treat hazardous waste in a hazardous waste incinerator that becomes subject to the licensing requirements of these rules after October 12, 2005, and applicants of existing hazardous waste incinerators shall submit either of the following in an operating license application for a new facility or the expansion, enlargement, or alteration of an existing facility. If the owner or operator demonstrates compliance with the air emission standards and limitations in 40 CFR part 63, subpart EEE, by conducting a comprehensive performance test and submitting to the director a notification of compliance under 40 CFR 63.1207(j) and 63.1210(b) which documents compliance with all applicable requirements of 40 CFR part 63, subpart EEE, then the requirements of this subrule do not apply, except those provisions the director determines are necessary to ensure compliance with 40 CFR 264.345(a) and (c) if the owner or operator elects to comply with 40 CFR 270.235(a)(1)(i) to minimize emissions of toxic compounds from startup, shutdown, and malfunction events. The director may apply this subrule, on a case-by-case basis, for collecting information pursuant to- subrules (18) and (20) of this rule and R 299.9521(3)(b) and (c):

(a) A trial burn plan containing the information listed in 40 C FR270.62 and a statement that suggests the conditions necessary to operate in compliance with the performance standards of 40 CFR 264.343 during the trial burn. The statement must include, at a minimum, restrictions on waste constituents, waste feed rates, and the operating parameters identified in 40 CFR 264.345.

(b) In place of a trial burn plan, the information specified in 40 CFR 270.19(c). The director shall approve an application without a trial burn plan if the director determines both of the following:

(i) The wastes are sufficiently similar.

(ii) The incinerator units are sufficiently similar and the data from other trial burns are adequate to specify operating conditions that will ensure that the performance standards of 40 CFR 264.343 are met by the incinerator.

(5) Applicants proposing to treat hazardous waste shall submit all the following information in an operating license application for a new facility or the expansion, enlargement, or alteration of an existing facility:

(a) A demonstration of how the method and process proposed for the treatment of each hazardous waste will do any of the following:

(i) Change the physical, chemical, or biological character or composition of the waste.

(ii) Neutralize the waste.

(iii) Recover energy or material resources from the waste.

(iv) Render the waste nonhazardous, safer for handling or transport, amenable to recovery, amenable to storage, or reduced in volume.

(v) Chemically bind or render the toxic constituents nonhazardous rather than only diluted.

(b) The proper treatment technique, the proper feed rates of treatment chemicals or reagents, and the proper operating conditions, such as temperature, pressure, and flow rate, for the types of hazardous wastes proposed for treatment, and the accuracy of the devices intended to measure these parameters.

(c) If the hazardous waste or treatment chemicals or reagents will have any detrimental effect on the materials used for construction, such as causing corrosion, dissolution, saltings, or sealings. If detrimental effects are possible, then the method of controlling them must be specified.

(d) If the hazardous waste contains any constituents or contaminants that may interfere with the intended treatment process or decrease the effectiveness of the treatment and, if so, how the interferences will be controlled.

(e) If the hazardous waste contains constituents or contaminants that may cause the release of toxic gases or fumes during the intended treatment and, if so, how they will be controlled.

(f) If the hazardous waste contains constituents or contaminants that may form toxic constituents with the treatment chemicals or reagents during the intended treatment and, if so, how they will be controlled.

(g) Trial tests, including bench scale, pilot plant scale, or other appropriate tests, on each hazardous waste that is new or significantly different from hazardous waste previously treated to verify the information required in subdivision (b) of this subrule.

(6) Applicants proposing to treat or store hazardous wastes in surface impoundments shall submit the following information in an operating license application for a new facility or the expansion, enlargement, or alteration of an existing facility:

(a) The information required for surface impoundments pursuant to 40 CFR 270.17.

(b) Information on the proposed liner, leachate collection, and leak detection, collection, and removal systems, as specified in R 299.9505.

(7) Applicants proposing to treat or store hazardous waste in waste piles shall submit the following information in an operating license application for a new facility or the expansion, enlargement, or alteration of an existing facility:

(a) The information required for waste piles pursuant to 40 CFR 270.18.

(b) For new waste piles, information on the proposed liner, leachate collection, and leak detection, collection, and removal systems, as specified in R 299.9505.

(8) Applicants proposing to landfill hazardous waste shall submit all the following information in an operating license application for a new facility or the expansion, enlargement, or alteration of an existing facility:

(a) The information required for landfills pursuant to 40 CFR 270.21.

(b) Information on the proposed liner, leachate collection, and leak detection, collection, and removal systems, as specified in R 299.9505.

(c) Detailed engineering plans and an engineering report describing the final cover that will be applied to the landfill or each landfill cell pursuant to R 299.9619.

(9) Applicants proposing to dispose of hazardous wastes by land treatment shall submit the information required pursuant to 40 CFR 270.20 in an operating license application for a new facility or the expansion, enlargement, or alteration of an existing facility.

(10) Applicants proposing facilities that treat, store, or dispose of hazardous waste in miscellaneous units shall submit the information required pursuant to 40 CFR 270.23 in an operating license application for a new facility or the expansion, enlargement, or alteration of an existing facility.

(11) Applicants proposing facilities that store or dispose of hazardous waste in an underground mine or cave shall submit all the following information in an operating license application for a new facility or the expansion, enlargement, or alteration of an existing facility:

(a) A geologic report that contains the following information:

(i) For the receiving formation and other formations that are within 30 feet above and below the receiving formation, an applicant shall provide all the following information:

(A) The depth from the surface.

(B) Thickness.

(D) Solubility.

(E) Reactivity.

(F) Compatibility.

(G) Composition.

This information must be obtained by performing not less than 5 borings for the first 5 acres of the entire mine or cave and 3 borings for each additional 5 acres. Each boring site must consist of a ceiling boring and a floor boring.

(ii) For the formations that are overlying the receiving formation for a lateral extent of not less than 5 miles from the facility boundary, an applicant shall provide all the following information:

(A) The depth from the surface.

(B) Thickness.

(D) The identification of water, oil, or gas-bearing formations.

This information must be obtained from existing geological information and reports.

(b) An assessment of the potential for water intrusion into the mine or cave. This assessment must be used in the evaluation pursuant to R 299.9628(3)(a).

(c) Information on the means of transporting waste from any surface operation to the final disposal or storage area in the receiving formation and information on the means of preventing the release of hazardous constituents during transportation.

(d) An assessment of the structural stability of the mine or cave.

(e) Information on the proposed means of controlling the use, access, and penetration of the mine or cave.

(f) A demonstration that a sufficient buffer zone or other control exists to ensure that off-site activities will not adversely impact the integrity of the mine or cave.

(g) A proposed means of correlating waste placement locations to surface locations and a waste placement map.

(h) A proposed means of managing water in the mine or cave to maintain the integrity of the mine or cave and protect human health and the environment throughout the facility's active life and after closure of the facility.

(12) Applicants proposing hazardous waste treatment, storage, or disposal facilities that have process vents to which R 299.9630 applies shall submit the information required pursuant to 40 CFR 270.24 in an operating license application for a new facility or the expansion, enlargement, or alteration of an existing facility.

(13) Applicants proposing hazardous waste treatment, storage, or disposal facilities that have equipment to which R 299.9631 applies shall submit the information required pursuant to 40 CFR 270.25 in an operating license application for a new facility or the expansion, enlargement, or alteration of an existing facility.

(14) Applicants proposing treatment, storage, or disposal facilities that collect, store, or treat hazardous waste on drip pads shall submit the information required pursuant to 40 CFR 270.26 in an operating license application for a new facility or the expansion, enlargement, or alteration of an existing facility.

(15) Applicants proposing to burn hazardous waste in a boiler or industrial furnace shall submit the information required pursuant to 40 CFR 270.22 in an operating license application for a new facility or the expansion, enlargement, or alteration of an existing facility.

(16) Applicants proposing hazardous waste treatment, storage, or disposal facilities that have tanks, surface impoundments, or containers to which R 299.9634 applies shall submit the information required pursuant to 40 CFR 270.27 in an operating license application for a new facility or the expansion, enlargement, or alteration of an existing facility.

(17) Operating license applications for a new facility or the expansion, enlargement, or alteration of an existing facility must be signed and certified pursuant to 40 CFR 270.11.

In addition, the application must be signed by the titleholder of the land upon which the facility is proposed to be located.

(18) The director may require a licensee or applicant to submit additional information to establish license conditions pursuant to R 299.9521.

(19) A licensee or applicant may demonstrate to the director, or the director’s designee, that less information than that specified in this rule is necessary to determine conformance with the requirements of part 6 of these rules and establish license conditions pursuant to this part. If the licensee or applicant demonstrates that less information is required, the director, or the director’s designee, shall waive the information requirement, except that the director, or the director’s designee, shall not require less information than is required by RCRA.

(20) If the director concludes, based on 1 or more of the factors listed in 40 CFR 270.10(l)(1), that compliance with the standards of 40 CFR part 63, subpart EEE, alone may not be protective of human health or the environment, the director shall require additional information or assessments to determine if additional controls are necessary to ensure protection of human health and the environment. This includes information necessary to evaluate the potential risk to human health or the environment resulting from both direct and indirect exposure pathways. The director may also require a licensee or applicant to provide the information necessary to determine if an assessment should be required.

(21) The provisions of 40 CFR 264.343, 264.345, 266.102(e), 266.104 to 266.107, 270.10(l)(1), 270.11, 270.13, 270.14(b) and (d), 270.15, 270.16, 270.17, 270.18, 270.19(c), 270.20, 270.21, 270.22, 270.23, 270.24, 270.25, 270.26, 270.27, 270.62, 270.66, and 270.235(a)(1)(i) are adopted by reference in R 299.11003, with the exception that the term "waste management unit" replaces the term "solid waste management unit."

2004 AACS; 2008 AACS; 2013 AACS; 2025 AACS.

Editor's Note: An obvious error in R 299.9504 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Michigan Register, 2025 MR 8. The memorandum requesting the correction was published in Michigan Register, 2025 MR 13.

**History**
- *History: 1985 AACS; 1988 AACS; 1991 AACS; 1994 AACS; 1996 AACS; 1998 AACS; 2000 AACS;*

##### **Mich. Admin. Code R 299.9505** Operating license application for new facilities; and expansion, enlargement, or alteration of existing facilities; liner systems for landfills, surface impoundments, and waste piles {#sec-r-299.9505 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9505}

Rule 505. (1) Applicants proposing a landfill, surface impoundment, or waste pile shall submit the following information in the engineering report for the liner, leachate collection system, and leak detection, collection, and removal system:

(a) Information concerning the vertical and horizontal isolation distance from groundwater and any dewatering system necessary to meet the isolation requirements of R 299.9603(5). All the following information must be submitted for dewatering systems:

(i) Design calculations for drain pipe diameter and spacing.

(ii) Design features that allow cleaning of drainage pipes to prevent clogging within the system.

(iii) Evaluation of corrosive resistance and structural suitability of underdrain pipe under both static and dynamic loadings.

(b) Information concerning soils to be used for any compacted soil liner, including, at a minimum, all the following:

(i) Source of the soils.

(ii) Uniformity of the soil source.

(iii) Classification of the soil under the unified soil classification system, according to ASTM standard D2487-11, which is adopted by reference in R 299.11001.

(iv) Particle size distribution according to both sieve and hydrometer testing.

(v) The moisture-density relationship of the soil according to the modified proctor test, ASTM standard D155712, or the standard proctor test ASTM standard D698-12, which are adopted by reference in R 299.11001.

(vi) The compaction necessary to achieve a permeability with water not greater than 1.0 x 10 -7 centimeters per second, and the permeability of the soil under a compaction of 90% of the maximum dry density, as determined by the modified proctor test, ASTM standard D1557-12, or 95% of the maximum dry density, as determined by the standard proctor test, ASTM standard D698-12.

(vii) The permeability of the soil under the conditions of paragraph (vi) of this subdivision utilizing liquid similar to the leachate that would be expected from the proposed facility.

(viii) Procedures for complying with the quality control requirements of R 299.9621.

(i) Methods of storage, handling, and installation, including any written instructions from the manufacturer and procedures for complying with the quality control requirements of R 299.9621.

(ii) Physical properties of the liner material, such as the following:

(A) Thickness.

(B) Resiliency.

(D) Tensile strength.

(E) Breaking strength.

(F) Tear strength.

(G) Dimensional stability.

(H) Bonded seam strength.

(I) Hydrostatic resistance.

(J) Ply adhesion.

(K) Volatile loss.

(L) Water extraction.

(M) Water absorption.

(iii) Ability of liner material to maintain physical properties under all the following prolonged and varying conditions expected at the proposed facility:

(A) Temperature.

(B) pH.

(D) Biological attack.

(E) Leachate composition.

(d) Information on the characteristics of soils underlying any compacted or synthetic liner. This information must include all the following:

(i) Settlement analysis that estimates total and differential settlement, including immediate settlement, primary consolidation, and secondary consolidation based on maximum loading.

(ii) Strength analysis that determines the bearing capacity and stability of the underlying soils.

(iii) Slope stability analysis, including all the following information:

(A) Side slope stability under excavation.

(B) Liner system stability under construction.

(D) Final cover stability.

(E) Long-term postclosure stability.

(iv) Performance under varying groundwater conditions.

(v) Potential for bottom heave or blowout.

(e) Information on the design of the leachate collection system and the leak detection, collection, and removal system, including, at a minimum, all the following:

(i) Calculations to determine the anticipated volume of leachate to be generated.

(ii) The granular material to be used to allow adequate flow and removal of liquid and to provide an aggregate envelope for collection pipe.

(iii) The design of collection pipe, including all the following information:

(A) Diameter.

(B) Perforations.

(D) Spacing.

(E) Chemical resistance.

(F) Structural integrity under static and dynamic loadings.

(iv) Procedures to prevent clogging.

(v) The design of the leachate removal system, including all the following information:

(A) Leachate inflow.

(B) Sump dimensions.

(D) Effective storage volume of sump.

(E) Riser pipe.

(F) Total discharge head of pump.

(G) Pump selection.

(H) Pump cycle time.

(vi) Calculations that demonstrate that the leachate head will be 12 inches, 30 centimeters, or less above the liner at any point, except the sump.

(f) Information on stormwater management, including, at a minimum, all the following:

(i) Run-on volumes, systems, and management plans.

(ii) Runoff volumes, systems, and management plans.

(iii) Stormwater discharge system to collect and control not less than the water volume resulting from a 24-hour, 25-year storm.

(2) Applicants proposing a landfill, surface impoundment, or waste pile shall submit a construction quality assurance plan that includes a description of all the following:

(a) The responsibility and authority of all organizations and key personnel involved in licensing, designing, and constructing the hazardous waste land disposal facility.

(b) The qualifications of inspection personnel to demonstrate that they possess the training and experience necessary to fulfill their identified responsibilities.

(c) The observations, tests, and sampling that will be used to monitor the installation of the hazardous waste disposal facility in accordance with R 299.9621, including a description of all the following:

(i) Sampling activities.

(ii) Sample size.

(iii) Frequency of testing.

(iv) Acceptance and rejection criteria.

(v) Plans for implementing corrective measures.

(d) A description of how construction quality assurance data will be recorded.

**History**
- *History: 1985 AACS; 1988 AACS; 2000 AACS; 2013 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 299.9506** Hydrogeological reports; content {#sec-r-299.9506 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9506}

Rule 506. (1) A hydrogeological report must include all the following information:

(a) A summary of the groundwater monitoring data obtained during the interim status period pursuant to the provisions of 40 CFR part 265, subpart F, where applicable, and a summary of other groundwater monitoring data collected pursuant to state or federal law.

(b) Identification of the uppermost aquifer and aquifers hydraulically interconnected to the uppermost aquifer beneath the facility property, including groundwater flow direction and rate, and the basis for the identification.

(d) Identification of all other aquifers evidenced by available well or boring logs.

(e) The delineation of all the following on the topographic map required pursuant to the provisions of 40 CFR 270.14(b)(19):

(i) The waste management area and other treatment or storage areas.

(ii) The property boundary.

(iii) The proposed point of compliance, as defined pursuant to the provisions of 40 CFR 264.95.

(iv) The proposed location of groundwater monitoring wells as required pursuant to the provisions of 40 CFR 264.97.

(v) To the extent possible, the information required pursuant to the provisions of subdivision (b) of this subrule.

(f) On the topographic map required pursuant to the provisions of 40 CFR 270.13(l), identification of all domestic, municipal, industrial, oil, and gas wells and soil borings within 1 mile of the site in all directions for which copies of logs are available.

(g) A description of any plume of contamination that has entered the groundwater from a hazardous waste management unit or other regulated activity at the site at the time that the application was submitted that does both of the following:

(i) Delineates the extent of the plume on the topographic map required pursuant to the provisions of 40 CFR 270.14(b)(19).

(ii) For landfills, surface impoundments, land treatment units, and waste piles, identifies the concentration of each constituent listed in the provisions of 40 CFR part 261, appendix VIII, throughout the plume or identifies the maximum concentrations of each constituent in the plume.

(2) A hydrogeological report must include detailed plans and an engineering report describing the proposed groundwater monitoring program to be implemented to meet the requirements of R 299.9612 or a justification for a waiver pursuant to the provisions of subrule (7) of this rule. The engineering report must include all the following information for this purpose:

(a) Soil boring logs and the results of soil sampling from the borings that are sufficient to adequately define soil and groundwater conditions at the site. All the following procedures must be utilized in collecting the data:

(i) Not less than 5 soil borings must be made for the first 5 acres of the site, and 3 borings must be made for each additional 5 acres or portion thereof. A lesser number of borings may be made for nonactive portions of the site, such as buffer zones, and by supplementing boring information with geophysical testing, such as resistivity surveys.

Soil borings must be located in a grid pattern so that there is a minimum of 1 boring in each major geomorphic feature, such as ridges, lowlands, and drainage swales, and all borings must extend not less than 30 feet below proposed grade or the anticipated bottom elevation of any installed or constructed liner.

(ii) At each boring, soil samples must be collected from each soil layer or change in lithology. Two of the 5 soil borings that are required by the provisions of paragraph (i) of this subdivision must be evaluated and logged using continuous sampling methods, such as continuous tube sampling, coring, or continuously driven split spoons. For sites that are larger than 5 acres, 1 of each of the 3 additional soil borings that are required by the provisions of paragraph (i) of this subdivision must be evaluated and logged using continuous sampling methods. Samples that are collected from each soil layer or change in lithology must be tested for all the following:

(A) Particle size distribution by both sieve and hydrometer.

(B) Atterburg limits according to ASTM standard D4318-10, which is adopted by reference in R 299.11001.

(C) Classification pursuant to the unified soil classification system, according to ASTM standard D2487-11, which is adopted by reference in R 299.11001.

(iii) Each soil layer at a site must be evaluated for both of the following:

(A) Moisture content, according to ASTM standards D6913-04 and D7928-16, which are adopted by reference in R 299.11001.

(B) Permeability with water by the triaxial cell method as described in the EPA document entitled "Soil Properties, Classification, and Hydraulic Conductivity Testing," which is adopted by reference in R 299.11008; constant head method, according to ASTM standard D2434-68, which is adopted by reference in R 299.11001; approved in-situ field method; or other method approved by the director. All soil samples collected for determination of permeability must be collected by standard undisturbed soil sampling techniques, such as a 3-inch diameter Shelby tube or large diameter split spoon.

(iv) Boring logs must include all the following:

(A) Soil and rock descriptions.

(B) Method of sampling.

(D) Date of boring.

(E) Water level measurements.

(F) Soil test data.

(G) Boring location.

(H) Standard penetration number by ASTM standard D1586-11, which is adopted by reference in R 299.11001.

(v) All soil borings that are not converted to observation wells pursuant to the provisions of subdivision (b) of this subrule must be carefully backfilled, plugged, and recorded in accordance with the provisions of the well installation and well decommissioning procedures in ASTM standards D5092-04 and D5299-14, or a plan approved by the director.

(vi) All elevations must be corrected to USGS datum.

(b) Static water level measurements from observation wells and, where appropriate, well clusters that are located at the sites of soil borings and are constructed in accordance with the provisions of R 299.9612. Measurements must be accurate to the nearest 0.01 foot, corrected to USGS datum, and shall be taken from not less than 3 observation wells and 1 well cluster for the first 5 acres of the facility or portion thereof and 1 observation well for each additional 10 acres or portion thereof. Landfills, surface impoundments, waste piles, and land treatment facilities must have not less than 3 well clusters established as part of the monitor well system and not less than 1 cluster well for each 20 acres of the proposed site. All observation wells must be constructed and abandoned in accordance with the well installation and well decommissioning procedures in ASTM standards D5092-04 and D5299-14, or a plan approved by the director.

(c) A water level contour map based on stabilized water level readings and using values contoured on an interval of not more than 1 foot.

(d) If more than 2 well clusters have been constructed, then groundwater flow net diagrams illustrating horizontal and vertical flow directions of groundwater.

(e) The location and depth of all observation wells and evidence that these observation wells are located effectively to detect hazardous constituents from the facility, based on all the following:

(i) Groundwater flow direction.

(ii) Velocity.

(iii) Horizontal and vertical gradients.

(iv) Thickness of the saturated and unsaturated zones.

(v) The dispersion properties of hazardous waste constituents, such as the following:

(A) Specific gravity.

(B) Solubility.

(D) Characteristics of decomposition products.

(f) At each soil boring that is to be completed as an observation well during or following the hydrogeologic investigation, the lithology of that soil boring must be continuously sampled, logged, and classified pursuant to the unified soil classification system in accordance with ASTM standard D248711, which is adopted by reference in R 299.11001, from an elevation of 10 feet above the expected screened interval to the base of the borehole. Continuous sampling tubes, coring devices, or continuously collected split spoon samples may be used to satisfy this requirement. The director may allow the substitution of alternate information for this requirement or waive this requirement based on available information, site-specific hydrogeologic conditions, and available technology.

(3) If the presence of hazardous constituents has not been detected in the groundwater at the time of license application, then the owner or operator shall submit sufficient information, supporting data, and analysis to establish a detection monitoring program that complies with the requirements of R 299.9612 and the provisions of 40 CFR 264.98. The submission must include all the following:

(a) A proposed list of primary and secondary monitoring parameters and proposed monitoring frequencies for these parameters.

(b) A proposed groundwater monitoring system.

(c) Background values for each proposed primary and secondary monitoring parameter or procedures to calculate the values.

(d) A description of proposed sampling, analysis, and statistical comparison procedures to be utilized in evaluating groundwater monitoring data.

(e) Procedures for preventing cross-contamination in wells during activities such as well installation, purging, or sampling.

(f) Evidence that sampling procedures and well construction materials are compatible with proposed monitoring parameters.

(4) If the presence of hazardous constituents has been detected in the groundwater at the point of compliance at the time of license application, the owner or operator shall submit sufficient information, supporting data, and analysis to establish a compliance monitoring program that complies with the requirements of R 299.9612 and the provisions of 40 CFR 264.99. The submission must include all the following:

(a) A description of the wastes previously handled at the facility.

(b) A characterization of the contaminated groundwater, including concentrations of hazardous constituents.

(c) A list of hazardous constituents for which compliance monitoring will be undertaken in accordance with the provisions of R 299.9612 and 40 CFR 264.97 and 264.99.

(d) Proposed concentration limits for each hazardous constituent that do not exceed the background level of that constituent in the groundwater or a concentration limit that is not less stringent than allowed pursuant to the provisions of RCRA.

(e) Detailed plans and an engineering report describing the proposed groundwater monitoring system in accordance with the requirements of 40 CFR 264.97.

(f) A description of proposed sampling, analysis, and statistical comparison procedures to be utilized in evaluating groundwater monitoring data.

(5) If hazardous constituents have been measured in the groundwater that exceed the concentration limits established pursuant to the provisions of 40 CFR 264.94(a)(2), Table l, or if groundwater monitoring conducted at the time of the license application indicates the presence of hazardous constituents from the facility in groundwater over background concentrations, then the owner or operator shall submit sufficient information, supporting data, and analyses to establish a corrective action program that complies with the requirements of R 299.9612 and the provisions of R 299.9629. To demonstrate compliance with the provisions of R 299.9612 and R 299.9629, the owner or operator shall address, at a minimum, all the following items:

(a) A characterization of the contaminated groundwater, including concentrations of hazardous constituents.

(b) The concentration limit for each hazardous constituent found in the groundwater, which must not exceed the background level of that constituent found in the groundwater at the time that limit is specified in the operating license.

(d) A description of how the groundwater monitoring program will demonstrate the adequacy of the corrective action.

(6) For landfills, surface impoundments, waste piles, and land treatment units, a hydrogeological report must include all the following additional information that is necessary to determine site suitability and facility design:

(a) For each boring made pursuant to the provisions of subrule (2) of this rule, all the following tests at intervals of not more than 5 feet or change in geologic formation:

(i) Particle size distribution by both sieve and hydrometer.

(ii) Atterburg limits according to ASTM standard D4318-10, which is adopted by reference in R 299.11001.

(iii) Classification pursuant to the unified soil classification system according to ASTM standard D2487-11, which is adopted by reference in R 299.11001.

(b) For each boring mad pursuant to the provisions of subrule (2) of this rule, the following tests at intervals of not more than 10 feet:

(i) Permeability, by any of the following methods:

(A) The triaxial cell method, as described in the EPA document entitled "Soil Properties, Classification and Hydraulic Conductivity Testing," which is adopted by reference in R 299.11008.

(B) The constant head method, according to ASTM standard D2434-68, which is adopted by reference in R 299.11001.

(D) Other methods approved by the director.

(ii) Moisture content, according to ASTM standards D6913-04 and D7928-16, which are adopted by reference in R 299.11001.

(c) Soil boring logs and the results of soil sampling from the borings that are sufficient to adequately define bedrock conditions at the site.

(d) Additional information for determining the geotechnical characteristics of each soil layer at the site, such as any of the following:

(i) Shear strength.

(ii) Insitu density.

(iii) Specific gravity.

(iv) Stress deformation.

(v) Shrinkage limit.

(vi) Clay mineralogy.

(vii) Information on the presence of cracks, fissures, and other voids that may increase the effective permeability of the soil.

(e) A series of geologic cross sections or fence diagrams referenced to a site map and illustrating all the following:

(i) Existing topography.

(ii) Soil borings.

(iii) Soil classification.

(iv) Stratigraphy and other properties.

(v) Bedrock.

(vi) Wells.

(vii) Stabilized water level readings and proposed site grades.

(f) Water budget calculations under present site conditions, future active operations, and, for disposal facilities, the postclosure period. The calculations must consider all the following factors:

(i) Precipitation.

(ii) Evaporation.

(iii) Runoff.

(iv) Infiltration.

(v) Evapotranspiration.

(vi) Groundwater flow velocities and volume.

(vii) Soil moisture holding capacity.

(viii) For disposal facilities, the capacity of proposed waste types to hold moisture.

(7) The director may waive or substitute alternate information for the information specified in subrule (2) or (6) of this rule based on site-specific considerations and available technology.

(8) The provisions of 40 CFR 264.94(a)(2), table 1, 264.95, 264.97, 264.98, 270.13(l), and 270.14(b)(19) and part 265, subpart F, are adopted by reference in R 299.11003.

Editor's Note: An obvious error in R 299.9506 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Michigan Register, 2025 MR 8. The memorandum requesting the correction was published in Michigan Register, 2025 MR 13.

**History**
- *History: 1985 AACS; 1994 AACS; 1998 AACS; 2000 AACS; 2013 AACS; 2017 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 299.9507** Operating license for new facilities; and expansion, enlargement, or alteration of existing facilities; application fees {#sec-r-299.9507 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9507}

Rule 507. (1) The applicant shall calculate the operating license for new facilities and the expansion, enlargement, or alteration of existing facilities application fee by totaling the appropriate fees in table 501 of R 299.9523. Each application requires a separate application fee.

(2) A check made payable to the State of Michigan for the calculated fee must be attached to the application for an operating license for new facilities and the expansion, enlargement, or alteration of existing facilities. The check must include the term “HWOL” in the comment section.

(3) If an operating license application for a new facility or the expansion, enlargement, or alteration of an existing facility is not resubmitted after being found to be administratively incomplete, the application fee, minus the cost of all public notices published or broadcast, must be refunded.

(4) If an operating license application for a new facility or the expansion, enlargement, or alteration of an existing facility is denied, no portion of the application fee is refunded.

(5) An applicant that makes a reapplication for a revised proposal within 6 months of denial shall be assessed only the actual costs to review the revised proposal. These actual costs must not exceed the calculated fee from table 501 of R 299.9523.

(6) An applicant that withdraws an operating license application for a new facility or the expansion, enlargement, or alteration of an existing facility within 14 days of receipt by the director is entitled to a refund of 70% of the original application fee, minus the cost of all public notices published or broadcast.

(7) An applicant that withdraws an operating license application for a new facility or the expansion, enlargement, or alteration of an existing facility within 30 days of receipt by the director is entitled to a refund of 35% of the original application fee, minus the cost of all public notices published or broadcast.

(8) An applicant that withdraws an application between 30 and 60 days after receipt by the director is entitled to a refund of 20% of the original application fee, minus the cost of all public notices published or broadcast.

**History**
- *History: 1985 AACS; 1988 AACS; 2013 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 299.9508** Operating license application for existing facilities; contents {#sec-r-299.9508 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9508}

Rule 508. (1) An application for an operating license for existing facilities must include all the following, except as provided for in subrule (3) of this rule:

(a) The names and addresses of the owner and the operator, including the name and address of the titleholder of the land on which the treatment, storage, or disposal facility is constructed; the location and description of the disposal facility; and other information pertinent to evaluation of the facility that is required by the director on an application form provided by the director.

(b) All information required for an operating license application for new facilities or the expansion, enlargement, or alteration of existing facilities pursuant to R 299.9504.

(c) For a treatment, storage, or disposal facility that has an operating license for a new facility or the expansion, enlargement, or alteration of an existing facility under part 111, any revisions to the cost estimates for closure and for postclosure maintenance and monitoring submitted with the operating license application for the new facility or the expansion, enlargement, or alteration of an existing facility, and a written certification of construction pursuant to sections 11123(2) and 11125(9) of the act, MCL 324.11123 and 324.11125.

(d) A certification of the treatment, storage, or disposal facility's capability for disposing of hazardous waste, except as provided in subdivision (g) of this subrule. The certification must be prepared and sealed by a registered professional engineer.

(e) Proof of financial capability as required by part 7 of these rules.

(f) Proof of issuance of all necessary state environmental permits for construction and operation of the treatment, storage, or disposal facility or portion of the facility.

(g) An owner or operator of a facility that meets the criteria of R 299.9502(2), (3), and (4) that cannot demonstrate compliance as required under sections 11123(2) and 11125(9) of the act, MCL 324.11123 and 324.11125, shall submit a written program designed to bring the facility into compliance with part 111 and these rules within 2 years from the date of license issuance. At a minimum, the program must specify the necessary modifications to any procedure, equipment, process, or portion of the facility, together with the expected dates of completion. The provisions of this subdivision may only be exercised in the first operating license application after the effective date of these rules and must not be exercised in subsequent applications for license renewal.

(h) An application fee of $500.00.

(i) For a landfill, proof that an instrument imposing a restrictive covenant upon the land involved has been executed by all the owners of the tract of land where the landfill is to be located and by the director, as required by section 11139 of the act, MCL 324.11139.

(2) The director shall waive the hydrogeological report requirements of R 299.9506 for existing facilities other than landfills, surface impoundments, waste piles, or land treatment facilities if all treatment, storage, and waste-handling activities take place inside or under a structure that provides protection from precipitation and run-on and if the facility complies with part 6 of these rules.

(3) An application for an operating license for the postclosure period must include all the following information, unless the director determines that additional information specified in R 299.9505, R 299.9506, or R 299.9508 is necessary:

(a) The information specified in 40 CFR 270.14(b)(1), (4) to (7), (11), (13), (14), (18), and (19) and (d).

(b) The information specified in R 299.9506.

(d) A copy of the documentation required to demonstrate compliance with R 299.9703.

(4) Owners or operators shall submit the same information required in subrule (3) of this rule when an alternate authority is used in place of an operating license for the postclosure period as provided for in part 5 of these rules.

(5) Operating license applications for existing facilities must be signed and certified in accordance with the provisions of 40 CFR 270.11 and by the title holder of the land where the facility is located.

(6) The provisions of 40 CFR 270.11 and 270.14(b) and (d) are adopted by reference in R 299.11003.

**History**
- *History: 1985 AACS; 1988 AACS; 1996 AACS; 2000 AACS; 2013 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 299.9509** Submittal and processing of operating license applications for new facilities or the expansion, enlargement, or alteration of existing facilities {#sec-r-299.9509 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9509}

Rule 509. (1) Any person that requires an operating license for a new facility or the expansion, enlargement, or alteration of an existing facility under part 111 shall complete, sign, and submit, to the director, an application for each operating license for a new facility or expansion, enlargement, or alteration of an existing facility required under R 299.9501 as described in this rule. All applicants for operating licenses for new facilities or the expansion, enlargement, or alteration of existing facilities must provide the information in R 299.9504 to the director on the application form provided by the director.

(2) The director shall not begin processing an operating license application for a new facility or the expansion, enlargement, or alteration of an existing facility until the application is complete. An application for an operating license for a new facility or the expansion, enlargement, or alteration of an existing facility is complete when the director receives an application that includes all the information required by section 11123(2) of the act, MCL 324.11123, and R 299.9504. The completeness of any application for an operating license for a new facility or the expansion, enlargement, or alteration of an existing facility must be judged independently of the status of another permit or permit application for the same facility. The statutory timetable of section 11125(4) of the act, MCL 324.11125, and the timetable of subrule (4) of this rule begins upon receipt of a complete operating license application for a new facility or the expansion, enlargement, or alteration of an existing facility.

(3) When a facility or activity is owned by 1 person, but is operated by another person, it is the operator's duty to obtain an operating license for a new facility or the expansion, enlargement, or alteration of an existing facility, except that the owner and titleholder of the land shall also sign the permit application.

(4) The director, or the director’s designee, shall notify the applicant within 30 days after receipt of an operating license application for a new facility or the expansion, enlargement, or alteration of an existing facility. The notification must include the date of receipt and whether any required items of an administrative nature were missing. This notice will not include all areas where the application is technically incomplete.

(5) The director, or the director’s designee, shall notify the applicant of the operating license for a new facility or the expansion, enlargement, or alteration of an existing facility status within 75 days after the complete application is received.

(6) The director shall recommend approval or deny an operating license application for a new facility or the expansion, enlargement, or alteration of an existing facility within 120 days after the director receives a complete application.

(7) If the director intends to deny the operating license application for a new facility or the expansion, enlargement, or alteration of an existing facility, the director, or the director’s designee, shall commence a public participation process in accordance with R 299.9511.

(8) The director shall either prepare a draft operating license for a new facility or the expansion, enlargement, or alteration of an existing facility or deny the operating license.

The director shall commence a public participation process in accordance with R 299.9511.

(9) Applicants shall keep records of all data used to complete operating license applications for new facilities or the expansion, enlargement, or alteration of existing facilities and any supplemental information submitted under R 299.9504 for a period of not less than 3 years from the date the application is signed.

**History**
- *History: 1985 AACS; 1998 AACS; 2013 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 299.9510** Submittal and processing of operating license applications for existing facilities {#sec-r-299.9510 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9510}

Rule 510. (1) Any person that requires an operating license for an existing facility under part 111 shall complete, sign, and submit, to the director, an application for each license required under R 299.9502, as described in this rule. Persons with interim status currently authorized to operate without a license as provided by R 299.9502 shall apply for operating licenses when required by the director. Procedures for applications, issuance and administration of emergency operating licenses, and research licenses are found exclusively in R 299.9501.

(2) All applicants for operating licenses for existing facilities shall provide the information in R 299.9508 to the director and shall use the application form provided by the director.

(3) The director, or the director’s designee, shall not begin the processing of an operating license application for an existing facility until it is complete, except for emergency operating licenses under R 299.9501. An application for an operating license is complete when the director receives an application that includes that information required by R 299.9508. The completeness of any application for an operating license must be judged independently of the status of another permit or permit application for the same facility.

(4) When a facility or activity is owned by 1 person, but is operated by another person, it is the operator's duty to obtain an operating license for the existing facility, except that the owner and titleholder of the land shall also sign the license application.

(5) Any hazardous waste treatment, storage, or disposal facility with an effective operating license shall submit a new license application under R 299.9508 not less than 180 days before the expiration date of the existing operating license, unless permission for a later date has been granted by the director. The director shall not grant permission for applications to be submitted later than the expiration date of the existing operating license.

(6) The director shall make a final decision on an operating license application for an existing facility within 140 days after the director receives a complete application.

(7) Before making a final decision on an operating license for an existing facility, the director shall, when authorized under the provisions of 40 CFR part 271, complete the public participation process specified in R 299.9511. The director may extend the 140-day deadline of subrule (6) of this rule to complete this process.

(8) Applicants shall keep records of all data used to complete operating license applications for existing facilities and any supplemental information submitted under R 299.9508 for a period of not less than 3 years from the date the application is signed.

(9) The director may separately license treatment, storage, and disposal facility units at the same facility if these units have different owners or operators or if these units have significantly different impacts or potential impacts on public health and the environment.

**History**
- *History: 1985 AACS; 1988 AACS; 1998 AACS; 2013 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 299.9511** Public participation procedures {#sec-r-299.9511 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9511}

Rule 511. (1) Except as provided for in subrule (2) of this rule, the requirements of this subrule apply to any person required to obtain an operating license under the act or these rules. Applicants shall comply with all the following requirements:

(a) Before submission of an application, the applicant shall hold not less than 1 public meeting to solicit comments from the public and inform the public of the proposed hazardous waste management activities.

(b) The applicant shall post a sign-in sheet or otherwise provide an opportunity for the preapplication meeting attendees to provide their names and addresses.

(c) The applicant shall provide notice of the preapplication meeting not less than 30 days in advance of meeting. The applicant shall maintain documentation of the preapplication meeting notice and provide the documentation to the director on request. The notice of the preapplication meeting must comply with the following requirements:

(i) The notice must include all the following information:

(A) The date, time, and location of the meeting.

(B) A brief description of the purpose of the meeting.

(C) A brief description of the facility and proposed operations, including the facility address and a map of the facility location.

(D) A statement encouraging persons to contact the facility not less than 72 hours before the meeting if they require special accommodations to participate in the meeting.

(E) The name, address, and telephone number of the applicant's contact person.

(ii) The notice must be provided by the applicant in all the following forms:

(A) Published as a display advertisement in a newspaper of general circulation in the county or equivalent jurisdiction that hosts the proposed location of the facility. If the director determines that publication in newspapers of general circulation in the adjacent counties or equivalent jurisdictions is necessary to inform the affected public, the director shall advise the applicant to provide a notice in those newspapers.

(B) Posted as a notice on a clearly marked sign at or near the facility. If the applicant places the sign on the facility property, the sign must be large enough to be readable from the nearest point where the public would pass by the facility.

The applicant may employ another medium with prior approval from the director.

(d) The applicant shall provide a copy of the newspaper publication of the preapplication meeting notice to the director and the appropriate units of state and local government in accordance with 40 CFR 124.10(c)(1)(x).

(2) The requirements of subrule (1) of this rule do not apply to any of the following:

(a) A renewal operating license application that does not propose any significant changes in facility operations. As used in this subdivision, "significant changes" means any changes that would qualify as a major modification under R 299.9519.

(b) An operating license application that is submitted solely to address postclosure requirements or postclosure and corrective action requirements.

(d) An operating license application submitted before the effective date of these rules.

(3) Except as provided for in subrule (4) of this rule, the director shall comply with all the following requirements upon receipt of an operating license application under the act or these rules:

(a) Within a reasonable period of time after the application is received, provide the facility mailing list and appropriate units of state and local government with notice in accordance with 40 CFR 124.10(c)(1)(ix) and (x) that the application has been submitted to the department and is available for review. The notice must include all the following information:

(i) The name, address, and telephone number of the applicant’s contact person.

(ii) The name, address, and telephone number of the department’s contact.

(iii) The mailing address where information, comments, and inquiries may be submitted to the department throughout the application review process.

(iv) The address where persons may write to be placed on the facility mailing list.

(v) The location where a copy of the application and any supporting documents may be viewed and copied.

(vi) A brief description of the facility and proposed operations, including the facility address or a map of the facility location, on the front page of the notice.

(vii) The date that the application was received by the department.

(b) Concurrent with the notice provided in subdivision (a) of this subrule, place the application and any supporting documents in a location accessible to the public in the vicinity of the facility or at an appropriate department office.

(4) The requirements of subrule (3) of this rule do not apply to either of the following:

(a) An operating license application that is submitted solely to address postclosure requirements or postclosure and corrective action requirements.

(b) A minor operating license modification as specified in R 299.9519(5) and (9).

(5) The director shall comply with all the following requirements upon receipt of an operating license application under the act or these rules:

(a) Assess the need, on a case-by-case basis, for an information repository based on the following information:

(i) The level of public interest.

(ii) The type of facility.

(iii) The presence of an existing repository.

(iv) The proximity of the facility to the nearest copy of the administrative record.

(b) If it is determined that an information repository is needed at any time after submittal of the application, notify the applicant that the applicant must establish and maintain an information repository in compliance with the following requirements:

(i) The information repository must include all documents, reports, data, and information considered necessary by the director to fulfill the purposes for which the repository is established. The director has the discretion to limit the contents of the information repository.

(ii) The information repository must be located and maintained at a site selected by the applicant. However, if the director finds that the site selected by the applicant is unsuitable for the purposes or persons for which the information repository is established, due to problems with the location, hours of availability, access, or other relevant considerations, the director shall specify a more appropriate site for the information repository.

(iii) The information repository must be maintained and updated by the applicant for the time period specified by the director.

At a minimum, the director shall require the applicant to provide a written notice about the information repository to all individuals on the facility mailing list.

(d) Based on the factors outlined in subdivision (a) of this subrule, make decisions regarding the appropriateness of closing the information repository and notify the applicant accordingly.

(6) For applications for incinerators, boilers, or industrial furnaces, the director shall provide notice to all persons on the facility mailing list and to the appropriate units of state and local government in accordance with 40 CFR 124.10(c)(1)(ix) and (x) announcing the following:

(a) The scheduled commencement and completion dates for the trial burn. The notice must be mailed within a reasonable time period before the scheduled trial burn. An additional notice is not required if the trial burn is delayed due to circumstances beyond the control of the facility or the department. The notice, which must be issued before the applicant may commence the trial burn, must contain all the following information:

(i) The name, address, and telephone number of the applicant's contact person.

(ii) The name, address, and telephone number of the department's contact person.

(iii) The location where the approved trial burn plan and any supporting documents may be reviewed and copied.

(iv) The expected time period for commencement and completion of the trial burn.

(b) The department's intention to approve the trial burn plan in accordance with the timing and distribution requirements of 40 CFR 270.62(b)(6) and 270.66(d)(3) as applicable. The notice must contain all the following information:

(i) The name, address, and telephone number of the facility contact person.

(ii) The name, address, and telephone number of the department's contact person.

(iii) The location where the approved trial burn plan and any supporting documents may be reviewed and copied.

(iv) A schedule of the activities that are required as part of an operating license for a new facility or the expansion, enlargement, or alteration of an existing facility, or for existing facilities, before license issuance, including the anticipated time for department approval of the trial burn plan and the time period during which the trial burn will be conducted.

(7) Before making a final decision on a major license modification or operating license application, the director or the director’s designee shall, when authorized under 40 CFR part 271, do the following:

(a) Prepare either a draft major license modification, operating license, or a notice of intent to deny.

(b) For major facilities, prepare a fact sheet under R 299.9512 that briefly sets forth the significant factual, methodological, and policy questions considered in preparing the draft major license modification, operating license, or notice of intent to deny and send this fact sheet to the applicant and, upon request, another person.

(c) Publish a public notice that a draft operating license or notice of intent to deny has been prepared and allow not less than 45 days for public comment.

(d) Publish a public notice that a draft major license modification has been prepared and allow not less than 60 days for public comment.

(e) Provide public notice of any public hearing scheduled pursuant to R 299.9514 not less than 30 days before the hearing date.

(f) Prepare and make available to the public a response to comments on the draft major license modification, operating license, or notice of intent to deny, which must do all the following:

(i) Specify which provisions of the draft major license modification or operating license have been changed, if any, and the reasons for the changes.

(ii) Briefly describe and respond to all significant comments raised during the public comment period or any hearing.

(iii) Indicate whether the comment period is to be reopened or extended.

(iv) For notices of intent to deny, the reasons for denial.

(8) If the director decides to prepare a draft operating license, the director shall prepare a license that contains the information specified in R 299.9521.

(9) Draft major license modifications and licenses that are prepared by the director pursuant to this rule must be accompanied by a fact sheet pursuant to R 299.9512, publicly noticed pursuant to R 299.9513, and made available for public comment. The director shall give notice of the opportunity for a public hearing pursuant to R 299.9514, issue a final decision, and respond to comments pursuant to R 299.9515.

Editor's Note: An obvious error in R 299.9511 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Michigan Register, 2025 MR 8. The memorandum requesting the correction was published in Michigan Register, 2025 MR 13.

**History**
- *History: 1985 AACS; 1994 AACS; 1998 AACS; 2013 AACS; 2020 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 299.9512** Fact sheets {#sec-r-299.9512 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9512}

Rule 512. A fact sheet on a draft operating license or notice of intent to deny must include all the following information after the director is authorized under the provisions of 40 CFR part 271 to administer and enforce part 111 and these rules instead of the federal program:

(a) A brief description of the type of facility or activity that is subject to a final decision.

(b) The type and quantity of wastes, fluids, or pollutants that are proposed to be or are being treated, stored, disposed of, injected, emitted, or discharged.

(d) A description of the procedures for reaching a final decision, including all the following:

(i) The beginning and ending dates of the comment period under R 299.9511(7)(c) and the address where comments will be received.

(ii) Procedures for requesting a hearing and the nature of that hearing.

(iii) Other procedures by which the public may participate in the final decision.

(e) Name and telephone number of a person to contact for more information.

**History**
- *History: 1985 AACS; 1994 AACS; 1998 AACS; 2013 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 299.9513** Public notices {#sec-r-299.9513 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9513}

Rule 513. (1) Public notices of draft operating licenses, notices of intent to deny, and public hearings must be given by the following methods after the director is authorized under 40 CFR part 271 to enforce and administer part 111 and these rules instead of the federal program:

(a) By mailing a copy of the notice, fact sheet, operating license application, and draft operating license to all the following entities:

(i) The applicant.

(ii) Another agency that the director knows has issued or is required to issue an environmental permit for the same facility.

(iii) Federal and state agencies with jurisdiction over any of the following:

(A) Fish, shellfish, and wildlife resources.

(B) Coastal zone management plans.

(D) State historic preservation officers.

(E) Other appropriate government authorities, including any affected states.

(iv) Any unit of local government having jurisdiction over the area where the facility is proposed to be located.

(v) Each state agency having any authority under state law with respect to the construction or operation of the facility.

(b) By mailing a copy of the notice to persons on a facility mailing list developed pursuant to subrule (3) of this rule.

(c) By any method reasonably calculated to give actual notice of the action in question to the persons potentially affected by it, including press releases or another forum or medium to elicit public participation.

(d) By publication of a notice in a daily or weekly major local newspaper of general circulation and by broadcasting over local radio stations. The director may replace the radio broadcast with another medium that provides not less than an equivalent means of notification.

(e) By posting the notice at the principal office of the department and any other locations considered appropriate by the director.

(2) All public notices required by this rule must contain all the following information:

(a) Name and address of the office processing the operating license.

(b) Name and address of the applicant and the facility at issue.

(c) A brief description of the business conducted at the facility or activity described in the application or draft license.

(d) Name, address, and telephone number of a person or agency from whom interested persons may obtain further information, including copies of the draft operating license, fact sheet, and application.

(e) A brief description of the comment procedures required by R 299.9511 and the time and place of any hearing that will be held, including a statement of procedures to request a hearing and other procedures by which the public may participate in the final decision.

(f) For notices of public hearings, all the following information:

(i) References to the date of previous public notices relating to the application.

(ii) Date, time, and place of the hearing.

(iii) A brief description of the nature and purpose of the hearing, including the applicable rules and procedures.

(iv) Other information required by act 306.

(g) Any additional information considered necessary and proper.

(3) The director or the director’s designee shall develop a facility mailing list that includes the following persons:

(a) Those who request in writing to be on the list.

(b) Participants from past application proceedings under part 111 in that area.

(4) The director or the director’s designee shall notify the public of the opportunity to be put on the mailing list through publication.

**History**
- *History: 1985 AACS; 1998 AACS; 2013 AACS; 2020 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 299.9514** Public hearings {#sec-r-299.9514 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9514}

Rule 514. (1) During the public comment period provided under R 299.9511(7)(c), any interested person may submit written comments to the director on the draft operating license, or notice of intent to deny and may request a public hearing if no hearing has already been scheduled. A request for public hearing must be in writing and must state the nature of the issues proposed to be raised at the hearing. All comments must be considered in making the final decision on a public hearing and must be answered as provided in R 299.9515.

(2) The director or the director’s designee shall hold a public hearing if 1 of the following occurs:

(a) The director finds, on the basis of responses, a significant degree of interest in a draft operating license or notice of intent to deny.

(b) The director determines that a hearing may clarify 1 or more issues involved in the final decision on an operating license.

(c) The director receives written notice of opposition to a draft operating license or notice of intent to deny within 45 days of the notice required pursuant to R 299.9511(7)(c).

(3) Public notice of the hearing must be given as specified in R 299.9513.

(4) During a public hearing, any person may submit oral or written statements and data concerning the draft operating license or notice of intent to deny. The public comment period under R 299.9511(7)(c) must automatically be extended to the close of any public hearing under this rule. The hearings officer may also extend the comment period by so stating at the hearing.

(5) When possible, the director or the director’s designee shall schedule a public hearing on an operating license or notice of intent to deny at a location convenient to the nearest population center to the proposed facility.

(6) A tape recording or written transcript of the hearing must be made available to the public.

**History**
- *History: 1985 AACS; 1998 AACS; 2004 AACS; 2013 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 299.9515** Revisions based on public comment; response to comments {#sec-r-299.9515 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9515}

Rule 515. (1) Upon completion of the public participation process for an operating license application, the director shall review all comments made during that process and make a final decision on the issuance of the license under the provisions of act 306.

(2) At the time that any operating license is issued, the director shall issue a response to comments that does both of the following:

(a) Briefly describes and responds to all significant comments on the draft license raised during the public comment period or during any hearing.

(b) Specifies which provisions, if any, of the draft operating license have been changed in the final license and the reason for the change.

(3) The director shall make the response to comments prepared under subrule (2) of this rule available to the public.

**History**
- *History: 1985 AACS; 1988 AACS; 2013 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 299.9516** Operating licenses; duration and effect {#sec-r-299.9516 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9516}

Rule 516. (1) An operating license for a new facility or the expansion, enlargement, or alteration of an existing facility is valid for 3 years from the date of issuance. The license remains valid for a period of not more than 10 years if construction is initiated within the 3-year period and proceeds in a continuous manner.

(2) Extensions of an operating license for a new facility or the expansion, enlargement, or alteration of an existing facility may be granted by the director if unexpected construction delays occur beyond the control of the licensee.

(3) An operating license for an existing facility is effective for a fixed term of not more than 10 years. Each operating license for an existing land disposal facility must be reviewed by the director 5 years after the date of license issuance or reissuance and must be modified as necessary in accordance with the provisions of R 299.9519 and R 299.9520. The term of an operating license for an existing facility must not be extended by modification beyond the maximum duration specified in this subrule.

(4) The director may issue any operating license for an existing facility for a duration that is less than the full allowable term under this rule.

(5) An operating license may be modified or revoked during its term for cause as set forth in R 299.9519.

(6) The issuance of an operating license does not relieve the owner or operator of their duty to comply with the statutory or regulatory requirements applicable to the facility that were enacted or promulgated after the license was issued.

(7) The issuance of an operating license does not convey any property rights of any sort or any exclusive privilege.

(8) The issuance of an operating license does not authorize any injury to persons or property or invasion of other private rights or any infringement of other state or local law or regulations, except as otherwise specified in sections 11123(5) and 11125(5) of the act, MCL 324.11123 and 324.11125.

**History**
- *History: 1985 AACS; 1988 AACS; 1996 AACS; 2013 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 299.9517** Operating license for new facilities or the expansion, enlargement, or alteration of existing facilities; denial {#sec-r-299.9517 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9517}

Rule 517. (1) The director shall deny an application for an operating license for a new facility or the expansion, enlargement, or alteration of an existing facility if the proposed treatment, storage, or disposal facility would violate part 111 of the act or these rules.

(2) The applicant is on notice that the director shall deny the operating license for a new facility or the expansion, enlargement, or alteration of an existing facility in either of the following situations:

(a) The applicant has not submitted the appropriate permit fee.

(b) The applicant has not submitted sufficiently detailed or accurate information to enable the director to make reasonable judgments as to whether the facility could comply with part 111 of the act and these rules.

(3) The director shall notify the applicant, in writing, of reasons for denial.

**History**
- *History: 1985 AACS; 1988 AACS; 1998 AACS; 2013 AACS.*

##### **Mich. Admin. Code R 299.9518** Operating license for existing facilities; denial {#sec-r-299.9518 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9518}

Rule 518. (1) The director shall deny an application for an operating license for an existing facility if the operation of the treatment, storage, or disposal facility for which the license is sought will violate part 111 or these rules.

(2) The applicant is on notice that, in addition to any other of these rules, the director shall deny an operating license application for an existing facility if any of the following occur:

(a) Notwithstanding the receipt of the certification of construction required by sections 11123(2) and 11125(9) of the act, MCL 324.11123 and 324.11125. the facility has not been constructed according to the plans approved by the director, the requirements of part 111 or these rules, or the stipulations and conditions of the approved operating license for an existing facility.

(b) The existing construction or operation of an existing facility or facility newly subjected to the licensing requirements of part 111 and these rules presents a hazard to the public health or the environment.

(c) The applicant has not submitted sufficiently detailed or accurate information to enable the director to make reasonable judgments as to whether the license should be granted.

(3) The criteria specified for license revocation pursuant to the provisions of R 299.9519 are causes for denial of an operating license renewal application.

(4) When an application is denied, the applicant shall be notified, in writing, of the reasons for denial.

(5) If an initial operating license application is denied, the applicant shall cease all hazardous waste treatment, storage, limited storage, and disposal activities at the facility for which the application was submitted and perform closure in accordance with R 299.9613 for all hazardous waste treatment, storage, limited storage, and disposal units at the facility for which the application was submitted. On denial of an initial operating license application, the applicant may seek judicial review pursuant to the provisions of section 631 of act 236, MCL 600.631. Initial operating license applications must include those applications for facilities for which interim status has been obtained pursuant to the provisions of 40 CFR 270.70.

(6) If a renewal operating license application is denied, the applicant shall cease all hazardous waste treatment, storage, limited storage, and disposal activities at the facility for which the application was submitted and perform closure in accordance with R 299.9613 for all hazardous waste treatment, storage, limited storage, and disposal units at the facility for which the application was submitted, unless the applicant appeals the denial and initiates proceedings pursuant to the applicable provisions of act 236 or act 306.

If the applicant initiates proceedings pursuant to the applicable provisions of act 236 or act 306 and the denial is upheld pursuant to the proceedings, the applicant shall cease all hazardous waste treatment, storage, limited storage, and disposal activities at the facility for which the application was submitted and perform closure in accordance with R 299.9613 for all hazardous waste treatment, storage, limited storage, and disposal units at the facility for which the application was submitted.

**History**
- *History: 1985 AACS; 1988 AACS; 1994 AACS; 1998 AACS; 2013 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 299.9519** Modification, revocation, and suspension of operating licenses during their terms {#sec-r-299.9519 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9519}

Rule 519. (1) An owner or operator shall construct, operate, and maintain a facility pursuant to part 111, these rules, and the operating license issued to the facility pursuant to part 111. Any deviation from the conditions of a license or from approved plans requires prior approval by the director, unless otherwise specified in this rule, and, if necessary, modification of the license.

(2) If the director receives any information during the term of an operating license, for example, inspects the facility, receives information submitted by the licensee as required in the license, receives a request for modification or revocation pursuant to this rule, or conducts a review of the license file, then the director may determine if 1 or more of the causes listed in subrule (3) of this rule for modification or subrule (11) of this rule for revocation, or both, exist. If cause exists, the director may commence proceedings pursuant to act 306 to modify or revoke an operating license accordingly, subject to the limitation of subrule (4) of this rule, and may request an updated application under R 299.9520, if necessary. If an operating license is modified, then only the conditions subject to modification are reopened. If an operating license modification satisfies the criteria of subrule (5) of this rule for a minor modification, or if the director has not yet been authorized under 40 CFR part 271, then the license may be modified pursuant to subrule (6) of this rule. Otherwise, a draft license must be prepared, and other procedures specified in R 299.9511 followed.

(3) Any of the following are causes for modification of an operating license:

(a) The causes listed under 40 CFR 270.41(a), except 40 CFR 270.41(a)(3).

(b) If the standards or regulations on which the license was based have been changed by statute, through promulgation of new or amended standards or regulations, or by judicial decision after the license was issued.

(d) Cause exists for modification under subrule (5) of this rule and the director determines that modification is appropriate.

(e) The director has received notification pursuant to R 299.9522 of a proposed transfer of ownership or operation.

(4) The director shall not consider suitability of the facility location at the time of operating license modification, suspension, or revocation, or when reviewing an operating license for a new facility or the expansion, enlargement, or alteration of an existing facility, unless new information or standards indicate that a threat to human health or the environment exists that was unknown at the time of license issuance. In addition, the director shall not modify an operating license for a new facility or the expansion, enlargement, or alteration of an existing facility beyond what is authorized in the license.

(5) The licensee may put into effect the following minor license modifications without following the procedures specified in R 299.9511, if the licensee complies with subrule (6) of this rule:

(a) Any of the following general license modifications:

(i) An administrative and information change.

(ii) A correction of a typographical error.

(iii) Equipment replacement or upgrading with functionally equivalent elements, for example pipes, valves, pumps, conveyors, or controls.

(iv) A change in the frequency of, or procedures for, monitoring, reporting, sampling, or maintenance activities to provide for more frequent monitoring, reporting, sampling, or maintenance.

(v) A change in the interim compliance dates in the schedule of compliance if the prior written approval of the director is obtained.

(vi) A change in the expiration date of the license to allow earlier license termination if the prior written approval of the director is obtained.

(vii) A change in the ownership or operational control of a facility if the procedures specified in R 299.9522 are followed and if the prior written approval of the director is obtained.

(viii) Changes to remove operating license conditions that are no longer applicable because the standards upon which they are based are no longer applicable to the facility if prior written approval from the director is obtained.

(ix) Changes to remove license conditions applicable to a unit excluded under R 299.9204.

(x) Changes in the expiration date of a license issued to a facility at which all units are excluded under R 299.9204.

(b) Any of the following general facility modifications:

(i) A change to waste sampling or analysis methods to conform to agency guidelines or regulations.

(ii) A change to waste sampling or analysis methods to incorporate change associated with F039, multisource leachate sampling or analysis methods.

(iii) A change to waste sampling or analysis methods to incorporate changes associated with underlying hazardous constituents in ignitable or corrosive wastes if the prior written approval of the director is obtained.

(iv) A change in a sampling or analysis procedure or monitoring schedule if the prior written approval of the director is obtained.

(v) A change to analytical quality assurance/control plans to conform to department guidelines or rules.

(vi) A change in procedures for maintaining the operating record.

(vii) A change in the contingency plan to reflect the replacement of emergency equipment with functionally equivalent equipment, the upgrade of emergency equipment, or the relocation of emergency equipment listed.

(viii) A change to the training plan, other than those changes that affect the type of, or decrease the amount of, training given to employees.

(ix) The replacement of emergency equipment with functionally equivalent emergency equipment, the upgrade of emergency equipment, or the relocation of emergency equipment listed in the contingency plan.

(x) A change in the name, address, or phone number of a coordinator or another person or agency identified in the contingency plan.

(xi) A change in the procedures used to empty hazardous waste from transport vehicles and other containers.

(xii) A change that the construction quality assurance officer certifies will provide equivalent or better certainty that the unit components meet the design specifications. The certification must be provided in the facility operating record.

(i) Replacement of an existing well that has been damaged or rendered inoperable without changing the location, design, or depth of the well.

(ii) A change in groundwater sampling or analysis procedure or monitoring schedule if the prior written approval of the director is obtained.

(iii) A change in statistical procedure for determining whether a statistically significant change in groundwater quality between upgradient and downgradient wells has occurred if the prior written approval of the director is obtained.

(d) Any of the following changes to closure plans:

(i) A change in the estimate of maximum inventory of waste on-site at any time during the active life of the facility, not to exceed the approved process design capacity of the facility if the prior written approval of the director is obtained.

(ii) A change in the closure schedule for any unit, a change in the final closure schedule for the facility, or extension of the closure period if the prior written approval of the director is obtained.

(iii) A change in the expected year of final closure if other license conditions are not changed and if the prior written approval of the director is obtained.

(iv) A change in procedure for the decontamination of facility equipment or structures if the prior written approval of the director is obtained.

(v) The addition of temporary tanks used for neutralization, dewatering, phase separation, or other separation with the prior written approval of the director.

(e) Any of the following postclosure modifications:

(i) A change in the name, address, or phone number of the contact person in the postclosure plan.

(ii) A change in the expected year of final closure if other license conditions are not changed.

(f) The addition of a roof to a container unit without altering the containment system.

(g) The replacement of a tank with a tank that complies with the same design standards, has the same capacity of the replaced tank, and complies with the same conditions in the license.

(h) The replacement of a waste pile unit with another waste pile unit of the same design and capacity and that complies with all the waste pile conditions in the license.

(i) Any of the following land treatment modifications:

(i) A decreased rate of waste application.

(ii) A change in any condition specified in the license for a land treatment unit to reflect the results of the land treatment demonstration if performance standards are met and if the prior written approval of the director is obtained.

(iii) A change to allow a second land treatment demonstration to be conducted when the results of the first demonstration have not shown the conditions under which the wastes can be treated completely if the conditions for the second demonstration are substantially the same as the conditions for the first demonstration and if the prior written approval of the director is obtained.

(j) Any of the following incinerator, boiler, or industrial furnace modifications:

(i) Authorization of up to an additional 720 hours of waste burning during the shakedown period for determining operation readiness after construction if the prior written approval of the director is obtained.

(ii) A change in the operating requirements specified in the license for conducting a trial burn if the change is minor and if the prior written approval of the director is obtained.

(iii) A change in the ranges of the operating requirements specified in the license to reflect the results of the trial burn, if the change is minor and if the prior written approval of the director is obtained.

(iv) Substitution of an alternate type of nonhazardous waste fuel that is not specified in the license if the prior written approval of the director is obtained.

(v) Technology changes necessary to meet the standards under 40 CFR part 63, subpart EEE, if the owner or operator met the notification of intent to comply requirements of 40 CFR 63.1210 that were in effect before October 11, 2000, and if prior written approval is obtained from the director.

(k) Technology changes necessary to meet the standards under 40 CFR part 63, subpart EEE, that were promulgated on October 12, 2005, if the owner or operator met the notification of intent to comply requirements of 40 CFR 63.1210(b) and 63.1212(a) and if prior written approval is obtained from the director.

(l) Waiver of operating and emission limits as necessary to support the transition to 40 CFR part 63, subpart EEE, if all the following requirements are met and if prior written approval is obtained from the director:

(i) The specific operating and emission limits for which the waiver is requested must be identified in writing.

(ii) An explanation of why the changes are necessary to minimize or eliminate conflicts between the license and the maximum achievable control technology standards compliance must be provided in writing.

(iii) An explanation of how the raised provisions will be sufficiently protective must be provided in writing.

(iv) If the modification is being requested in conjunction with maximum achievable control technology performance testing where the license limits may only be waived during actual test events and pretesting, as defined under 40 CFR 63.1207(h)(2), for an aggregate time not to exceed 720 hours of operation, the request must be provided at the same time the test plans are submitted to the director. The director may approve or deny the request contingent upon approval of the test plans.

(m) Any of the following burden reduction changes:

(i) The development of 1 contingency plan based on integrated contingency plan guidance pursuant to 40 CFR 264.52(b).

(ii) Changes to recordkeeping or reporting requirements under 40 CFR 264.56(i), 264.113(e)(5), 264.196(f), 264.343(a)(2), 264.1061(b)(1), 264.1062(a), or R 299.9629(11).

(iii) Changes to the inspection frequency for tank systems under 40 CFR 264.195(b).

(iv) Changes to a detection or a compliance monitoring program under 40 CFR 264.98(d) or (g)(2) or (3), or 264.99(f) or (g).

(6) For minor license modifications, the licensee shall do both of the following:

(a) Notify the director concerning the minor modification by certified mail or other means that establish proof of delivery. For minor modifications that do not require the prior written approval of the director, the notification must be made within 7 calendar days after the change is put into effect. For minor modifications that do require the prior written approval of the director, the notification must be made before the change is put into effect.

The notification must comply with all the following provisions:

(i) Contain a minor modification request for the director's approval, if required.

(ii) Specify the exact change or changes being made or to be made to the license conditions or supporting documents referenced by the license.

(iii) Identify that the modification is a minor modification.

(iv) Explain why the modification is necessary.

(v) Provide the applicable information required pursuant to R 299.9504 and R 299.9508, as appropriate.

(b) Send a notice of the minor modification to all persons on the facility mailing list that is maintained by the director pursuant to 40 CFR 124.10(c)(ix) and the appropriate units of state and local government pursuant to 40 CFR 124.10(c)(x). The notification must be made within 90 days after the change is put into effect. For minor modifications that require the prior written approval of the director, the notification must made within 90 calendar days after the director approves the minor modification request.

(7) Any person may request that the director review any minor license modification. The director may reject for cause. The director shall inform the licensee by certified mail that a minor license modification has been rejected and explain the reasons for the rejection. If a minor license modification is rejected, the licensee shall comply with the existing license conditions.

(8) For minor license modifications, the licensee may elect to follow the procedures specified in R 299.9511 instead of the license modification procedures. The licensee shall inform the director of this decision in the notice that is required in subrule (6) of this rule.

(9) Any modification that is not specifically listed in subrule (5) of this rule is considered a major license modification and is subject to the requirements of R 299.9511 and R 299.9520, unless all the following conditions are met:

(a) The licensee demonstrates, to the director's satisfaction, that a modification meets the criteria for a minor modification. In determining the appropriate classification for a modification, the director shall consider the similarity of the modification to other modifications listed in subrule (5) of this rule. Minor modifications apply to minor changes that keep the license current with routine changes to the facility or its operation. These changes do not substantially alter the license conditions or reduce the capacity of the facility to protect human health or the environment.

(b) The modification does not authorize the physical construction of a new treatment, storage, or disposal facility; the expansion or enlargement beyond the previously authorized design capacity or area of a treatment, storage, or disposal facility; or the alteration of the method of treatment or disposal previously authorized at a treatment, storage, or disposal facility to a different method of treatment or disposal.

(10) For major license modifications, the licensee shall submit a major modification request to the director by certified mail or by other means that establish proof of delivery.

The request must be made before the change is put into effect. The request must comply with all the following provisions:

(a) Describe the exact change or changes to be made to the license conditions or supporting documents referenced by the license.

(b) Identify that the modification is a major modification.

(d) Provide the applicable information required under R 299.9504 and R 299.9508, as appropriate.

(11) An operating license may be revoked for any of the following reasons:

(a) Noncompliance by the licensee with part 111 these rules, or any condition of the operating license.

(b) A determination that the licensed activity endangers human health or the environment.

(c) The owner or operator fails in the application or during the operating license issuance process to disclose fully all relevant facts or at any time misrepresents any relevant facts.

(12) Requests for operating license modification by a licensee and updated applications requested by the director pursuant to subrule (2) of this rule must be made on forms provided by the director.

(13) An operating license may be suspended pursuant to act 306.

(14) 40 CFR part 63, subpart EEE, and 264.52(b), 264.56(i), 264.98(d) and (g)(2) and (3), 264.99(f) and (g), 264.113(e)(5), 264.195(b), 264.196(f), 264.343(a)(2), 264.1061(b)(1), 264.1062(a), 270.41(a), except 40 CFR 270.41(a)(3), are adopted by reference in R 299.11003.

**History**
- *History: 1985 AACS; 1988 AACS; 1994 AACS; 1996 AACS; 2000 AACS; 2004 AACS;2008 AACS; 2013 AACS; 2017 AACS; 2020 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 299.9520** Procedures for modification or revocation of operating licenses {#sec-r-299.9520 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9520}

Rule 520. (1) Any interested person, including the licensee, may request the director to commence proceedings under act 306 to modify, suspend, or revoke an operating license.

All requests must be in writing and contain facts or reasons supporting the request. If the director decides the request is not justified, the director shall send the requestor a written response giving a reason for the decision.

(2) If the director decides to commence proceedings under act 306 to modify an operating license under R 299.9519(2), the director shall prepare a draft operating license incorporating the proposed changes. The director may request submission of an updated license application. During any modification proceeding, the licensee shall comply with all conditions of the existing license until the license is modified.

(3) If the director decides to commence proceedings under act 306 to revoke an operating license under this rule, the direct or shall issue a notice of intent to revoke and, when authorized under title II of the solid waste disposal act, 42 USC 6901 to 6992k, follow those public participation procedures specified in R 299.9511.

(4) If an operating license is revoked, the director shall order the owner or operator to carry out closure procedures under section 11151 of the act, MCL 324.11151, and require the cessation of all activities at the facility subject to licensure under part 111 except those necessary for closure.

**History**
- *History: 1985 AACS; 1988 AACS; 1998 AACS; 2013 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 299.9521** Operating license conditions {#sec-r-299.9521 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9521}

Rule 521. (1) All operating licenses must contain all the following general conditions:

(a) The general conditions contained in the provisions of 40 CFR 270.30, except 270.30(l)(1) and (8). For purposes of these conditions the word "licensee" replaces the word "permittee" and the term "part 111" replaces the term "RCRA."

(b) The following additional conditions:

(i) The licensee shall not initiate an enlargement, alteration, or expansion beyond the previously authorized design capacity or area of a treatment, storage, or disposal facility without first obtaining an operating license for the expansion, enlargement, or alteration of an existing facility from the director.

(ii) For a facility being modified, the licensee shall not treat, store, or dispose of hazardous waste in the modified portion of the facility until 1 of the following conditions is met:

(A) The licensee has submitted, to the director, by certified mail or hand delivery, a letter signed by the licensee and a registered professional engineer stating that the facility has been constructed or modified in compliance with the license and approved plans, and the director has inspected the modified facility and finds it complies with the conditions of the license.

(B) Within 15 days of the date of submission of the letter in subparagraph (A) of this paragraph, the licensee has not received notice from the director of the director's intent to inspect, prior inspection is waived, and the licensee may commence treatment, storage, or disposal of hazardous waste.

(iii) The licensee shall obtain the approval of the director by a modification to the license before transferring ownership or operation of the facility to another person. The new owner or operator shall not accept hazardous waste at the facility until the license modification has been issued by the director.

(c) Other conditions determined to be necessary by the director to clarify procedures for license issuance, reissuance, modification, and revocation under act 306.

(2) In addition to conditions required in all licenses, the director shall establish conditions on a case-by-case basis for all the following:

(a) Compliance schedules, if applicable, consistent with the provisions of 40 CFR 270.33.

(b) Requirements for recording and reporting monitoring results, as specified in the provisions of 40 CFR 270.31 and part 6 of these rules.

(d) Allowable waste types.

(3) Each operating license under part 111 must include conditions necessary to do the following:

(a) Achieve compliance with part 111 and these rules, including each of the applicable requirements of parts 6 and 8 of these rules. In satisfying this provision, the director shall incorporate applicable requirements of part 6 of these rules directly into the license or establish other conditions that are based on these requirements. For this subdivision, an applicable requirement is a statutory or regulatory requirement that takes effect before final administrative disposition of a license or any requirement that takes effect before the modification of a license under R 299.9519.

(b) Protect human health and the environment.

(c) If, as a result of an assessment or other information, the director determines that conditions are necessary in addition to those required under 40 CFR part 63, subpart EEE, or the applicable requirements of parts 6 and 8 of these rules to ensure protection of human health and the environment, the director shall include those terms and conditions in the operating license for a hazardous waste combustion unit.

(4) New, reissued, and, to the extent allowed under R 299.9519, licenses must incorporate each of the applicable requirements referenced in this rule.

(5) A condition of an operating license must be incorporated either expressly or by reference. If incorporated by reference, a specific citation to the applicable regulations or requirements must be given in the license.

(6) The provisions of 40 CFR part 63, subpart EEE, 270.30, except 270.30(l)(1) and (8), 270.31, and 270.33 are adopted by reference in R 299.11003.

**History**
- *History: 1985 AACS; 1988 AACS; 1996 AACS; 2008 AACS; 2013 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 299.9522** Transfer of ownership or operation {#sec-r-299.9522 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9522}

Rule 522. (1) A license may be transferred by the licensee to a new owner or operator only if the license has been modified pursuant to the provisions of R 299.9519(3) or a minor modification made pursuant to the provisions of R 299.9519(5) to identify the new licensee and incorporate other requirements as may be necessary pursuant to the provisions of part 111 and these rules.

(2) Changes in the ownership or operational control of a facility that is authorized to operate pursuant to the provisions of part 111 or these rules but that has not been issued an operating license pursuant to the provisions of part 111 or these rules may be made if the new owner or operator submits a revised part a permit application not later than 90 days before the scheduled change. When a transfer of ownership or operational control of a facility occurs, the old owner or operator shall comply with the financial requirements of part 7 of these rules until the new owner or operator has demonstrated to the director that the new owner or operator is complying with the requirements of part 7 of these rules. The new owner or operator shall demonstrate compliance with the provisions of part 7 of these rules within 6 months of the date of the change in the ownership or operational control of the facility. Upon the new owner or operator demonstrating, to the director, compliance with the provisions of part 7 of these rules, the director, or the director’s designee, shall notify the old owner or operator, in writing, that the old owner or operator no longer needs to comply with these requirements as of the date of the demonstration. All other interim status duties are transferred effective immediately on the date of the change of ownership or operational control of the facility.

(3) The new owner or operator shall comply with all the requirements of part 111 and these rules and with the stipulations of previous operating licenses or other agreements entered into by the previous owner or operator and the director.

(4) The responsibility for remedial measures to correct any environmental problem resulting from previous operations at the facility must be assumed by the new owner or operator. This requirement must be incorporated into the operating license for the new owner or operator.

**History**
- *History: 1985 AACS; 1988 AACS; 1994 AACS; 1998 AACS; 2013 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 299.9523** Operating license fee schedule; new, expanded, enlarged, or altered facilities {#sec-r-299.9523 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9523}

Rule 523. Table 501 reads as follows:

TABLE 501

Fee Schedule Type of facility being constructed, expanded, enlarged, or altered:

Landfill, surface impoundment, land treatment, or waste pile $ 9,000.00 Incinerator or other treatment than described above $ 7,200.00 Storage, other than storage associated with treatment or disposal activities $ 500.00 that may be regulated under a single license.

**History**
- *History: 1985 AACS; 1988 AACS; 2013 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 299.9524** Remedial action plans {#sec-r-299.9524 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9524}

Rule 524. (1) The requirements of this rule apply to remedial action plans and owners or operators seeking remedial action plans to authorize the treatment, storage, or disposal of hazardous remediation waste at a remediation waste management site.

(2) A remedial action plan shall only be issued for the area of contamination where the remediation wastes to be managed under the plan originated, or areas in close proximity to the contaminated area, except as allowed in limited circumstances under 40 CFR 270.230.

(3) The requirements of part 5 of these rules do not apply to remedial action plans, with the exception of R 299.9516, unless otherwise specified in this rule.

(4) Notwithstanding another provision of part 5 of these rules or this rule, any document that meets the requirements of this rule constitutes an operating license under part 111.

(5) A remedial action plan may include either of the following:

(a) A stand-alone document that includes only the information and conditions required in this rule.

(b) A part or parts of another document that includes information or conditions for other activities at the remediation waste management site, in addition to the information and conditions required by this rule.

(6) The treatment, storage, or disposal of hazardous remediation wastes under a remedial action plan as part of a cleanup compelled by federal or state cleanup authorities does not affect obligations that exist under these authorities in any way.

(7) The issuance of a remedial action plan to the owner or operator of a facility operating under interim status does not terminate the interim status of the facility.

(8) Treatment units that involve the combustion of hazardous remediation wastes at remediation waste management sites are not eligible for remedial action plans under this rule.

(9) An owner or operator of a facility already licensed under these rules may obtain approval of a remedial action plan for managing hazardous remediation waste at the facility by modifying the existing license in accordance with the requirements of R 299.9519 and R 299.9520, except the requirements of R 299.9519(6)(a)(v) and (10)(d), thus making the remedial action plan part of the license. Requests to modify the license must include the information specified in 40 CFR 270.110. Once incorporated into the license, the remedial action plan is subject to the requirements for license modification, revocation, reissuance, termination, and duration and effect provisions of part 5 of these rules.

(10) Owners or operators seeking a remedial action plan and owners or operators with existing remedial action plan shall comply with the requirements of this rule and 40 CFR part 270, subpart H, except 270.80, 270.85, 270.90, 270.155, 270.160, 270.190, and 270.195.

(11) Final decisions on remedial action plan applications and remedial action plans are subject to the appeal processes for operating licenses that are established under the act and act 306.

(12) A remedial action plan is effective 30 days after the director notifies the owner or operator and all persons that provided comments on the draft plan that the plan is approved, except under any of the following conditions:

(a) The director specifies a later effective date as part of the final decision.

(b) The owner or operator or another person has appealed the remedial action plan.

(c) No persons requested a change in the draft remedial action plan, in which case the plan becomes effective immediately when it is issued.

(13) Remedial action plans are issued for a fixed term, not to exceed 10 years, although the plans may be renewed upon approval by the director in fixed increments of not more than 10 years. Each remedial action plan for hazardous waste land disposal must be reviewed by the director 5 years after the date of issuance or reissuance and modified as necessary to ensure that the owner or operator complies with the requirements of part 111 and these rules.

(14) The provisions of 40 CFR part 270, subpart H, except 270.80, 270.85, 270.90, 270.155, 270.160, 270.190, and 270.195 are adopted by reference in R 299.11003. For the purposes of this adoption the words “part 5 of these rules” replace the words "§§270.3 through 270.66," the words "parts 6 and 8 of these rules" replace the words "part 264 and 266," the words "this act and act 306" replace the words "§270.155," the words "R 299.9519 and R 299.9520" replace the words "§§270.40 through 270.43," "§§270.41 and 270.43," and "§270.43," The words “these rules” replace the words "parts 124, 260 through 266 and 270 of this chapter," the words "part 7 of these rules" replace the words "part 264, subpart H, of this chapter," the word "R 299.9511" replaces the words "§§124.31, 124.32, and 124.33 of this chapter," and the word "R 299.9629" replace the word "§264.101."

**History**
- *History: 2000 AACS; 2013 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 299.9525** Notice requirements {#sec-r-299.9525 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9525}

Rule 525. (1) An owner of a hazardous waste treatment, storage, or disposal facility shall execute and file a notice with the office of the register of deeds in the county in which the facility is located. The owner shall submit verification of the execution, filing, and recording of the notice to the department within 60 days of the effective date of this rule.

The notice must be titled “notice regarding statutory obligations applicable to property” and comply with all the following requirements:

(a) The notice must include a legal description of the land upon which the facility is located. The land and the facility must be referred to as "the property."

(b) The notice must state that the property has been used to manage hazardous waste and is subject to the corrective action requirements of part 111 and RCRA, as amended by the 1984 hazardous and solid waste amendments.

(2) Owners or operators shall provide new owners or operators with a copy of the notice required pursuant to the provisions of subrule (1) of this rule.

(3) New owners or operators shall provide notice to the director of the transfer of ownership or operational control of a facility. The notification must be provided to the director within 90 days before the scheduled change in ownership or operational control.

(4) The requirements of subrules (1) to (3) of this rule apply to both of the following:

(a) Owners or operators of hazardous waste treatment, storage, or disposal facilities that have been issued an operating license under part 111.

(b) Owners or operators of hazardous waste treatment, storage, or disposal facilities that have not yet been issued an operating license under part 111.

PART 6. OWNERS AND OPERATORS OF HAZARDOUS

WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES

**History**
- *History: 2000 AACS; 2017 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 299.9601** Applicability; relationship to interim status standards {#sec-r-299.9601 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9601}

Rule 601. (1) The standards in this part apply to owners and operators of all facilities that treat, store, or dispose of hazardous waste, except as otherwise specifically provided in these rules.

(2) Treatment, storage, or disposal facilities that are authorized to operate under these rules and that have not been issued or reissued an operating license after the effective date of these rules shall comply with all the following rules:

(a) R 299.9602.

(b) R 299.9607.

(d) R 299.9610.

(e) R 299.9613(2) to (6).

(f) R 299.9614.

(g) R 299.9615.

(h) R 299.9623.

(i) R 299.9627.

(j) R 299.9629.

(k) R 299.9635.

(l) R 299.9636.

(m) R 299.9637.

(n) R 299.9638.

(o) R 299.9639.

(3) In addition to the requirements specified in subrule (2) of this rule, the following persons shall comply with 40 CFR 260.4 and 260.5 and the interim status standards of 40 CFR part 265, except subparts D, H, I, J, O, and DD, and 40 CFR 265.70, 265.73 to 265.77, 265.112(d)(1), 265.115, and 265.120.

(a) An owner or operator of an existing facility that treats, stores, or disposes of hazardous waste that has fully complied with the requirements for interim status under section 3005(e) of RCRA, 42 USC 6925, and 40 CFR 270.10, until final administrative disposition of the owner's or operator's permit application pursuant to RCRA or until an operating license is issued or reissued to the owner or operator after the effective date of these rules.

(b) An owner or operator of a facility that is in existence on November 19, 1980, or that is in existence on the effective date of amendments to part 111 or these rules that render it subject to the licensing requirements of part 111 that has failed to provide timely notification as required by section 3010(a) of RCRA, 42 USC 6930, or failed to file part A of the permit application as required under 40 CFR 270.10(e) and (g).

(4) The requirements of this part apply to a person that disposes of hazardous waste by means of underground injection subject to a permit issued pursuant to an underground injection control program approved or promulgated under the federal safe drinking water act only to the extent that these requirements are included in R 299.9503(3)(a).

(5) The requirements of this part apply to the owner or operator of a publicly owned treatment works that treats, stores, or disposes of hazardous waste only to the extent that these requirements are included in R 299.9503(3)(b).

(6) The standards in this part do not apply to those persons that are listed in R 299.9503(1) and (2), except as otherwise specified by those subrules.

(7) Except as noted in this subrule, part 6 of the rules does not apply to owners and operators of hazardous waste incinerator facilities identified in subrule (2) of this rule if the owner or operator demonstrates compliance with the maximum achievable control technology standards of 40 CFR part 63, subpart EEE, by conducting a comprehensive performance test and submitting to the director a notification of compliance under 40 CFR 63.1207(j) and 63.1210(b) that documents compliance with the requirements of 40 CFR part 63, subpart EEE. The maximum achievable control technology standards of 40 CFR part 63, subpart EEE, do not supersede the requirements of R 299.9608 to R 299.9610 and part 7 of these rules, and 40 CFR part 265, subparts A to D, F, G, BB, and CC.

(8) Notwithstanding other provisions of these rules, enforcement actions may be brought pursuant to section 11148 of the act, MCL 324.11148.

(9) 40 CFR 260.4, 260.5, and 270.10 and 40 CFR part 265, except subparts H, O, and DD, and 40 CFR 265.70, 265.73 to 265.77, 265.112(d)(1), 265.115, and 265.120, are adopted by reference in R 299.11003. Where 40 CFR parts 264, 265, and 270 are referenced in this part, the term "director" replaces the term "regional administrator", and the term "operating license" replaces the term "permit." For the purposes of adoption, the term "site identification number" replaces the term "EPA identification number," the term "R 299.9629" replaces the term "§264.101(a)," the term "part 5 of these rules" replaces the term "§270.1(c)(7)," and the term "R 299.9703(8) and R 299.9710(17)" replaces the term "§265.140(d)," and the term "R 299.9612 and R 299.9629" replaces the term "§§264.91 through 264.100."

2025 AACS.

**History**
- *History: 1985 AACS; 1994 AACS; 1996 AACS; 1998 AACS; 2000 AACS; 2004 AACS; 2020 AACS;*

##### **Mich. Admin. Code R 299.9602** Environmental and human health standards generally {#sec-r-299.9602 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9602}

Rule 602. (1) All treatment, storage, and disposal facilities shall be located, designed, constructed, and operated in a manner that will prevent all the following:

(a) Violations of the federal clean water act or part 31.

(b) Air emissions in violation of the federal clean air act or part 55.

(d) Exposure of humans or the environment to harmful quantities of hazardous waste or hazardous waste constituents.

(e) Pollution, impairment, or destruction of the natural resources of this state.

(2) The owner or operator of a treatment, storage, or disposal facility that discharges to surface water or groundwater, including discharges from leachate collection systems or surface water runoff collection systems, shall comply with the federal clean water act and part 31. Additionally, owners or operators of a treatment, storage, or disposal facility that discharges, other than sanitary sewage, to municipal sewerage systems shall meet the applicable pretreatment standards for these facilities.

Editor's Note: An obvious error in R 299.9602 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Michigan Register, 2025 MR 8. The memorandum requesting the correction was published in Michigan Register, 2025 MR 13.

**History**
- *History: 1985 AACS; 1998 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 299.9603** Location standards {#sec-r-299.9603 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9603}

Rule 603. (1) Active portions of new treatment, storage, or disposal facilities or expansions, enlargements, or alterations of existing facilities shall not be located in any of the following areas:

(a) Within 61 meters of a fault that had its displacement in Holocene time.

(b) In a floodway designated by the department under part 31.

(d) Over a sole-source aquifer or the recharge zone of a sole-source aquifer, unless the director grants an exemption to this provision based upon a demonstration by the applicant that the treatment, storage, or disposal facility will be located, designed, constructed, and operated in a manner that will prevent contamination of the aquifer.

(e) Within that isolation distance from public water supplies specified by act 399.

(f) In a wetland.

(2) Unless otherwise allowed by an operating license under part 111 or subrule (3) of this rule, the following isolation distances must be maintained between the active portion of a new facility and adjacent commercial, residential, or recreational property lines:

(a) For landfills, 150 meters.

(b) For other facilities, 60 meters.

(3) For purposes of subrule (2) of this rule, adjacent commercial, residential, and designated recreational property must not include public roads, railroads, or rights-of-way.

However, the director may require greater isolation distances than those specified in subrule (2) of this rule, or allow lesser isolation distances, based on the following criteria:

(a) The proposed design and operation of the facility.

(b) The location of private water wells.

(4) Treatment, storage, and disposal facilities shall not be located in a floodplain. The director may grant an exemption to the floodplain restrictions of this rule for treatment and storage facilities if either of the following conditions is met:

(a) The facility is designed, constructed, operated, and maintained to prevent washout of any hazardous waste by a flood.

(b) The owner or operator can demonstrate to the director that procedures are in effect that will cause the waste to be removed safely, before floodwaters can reach the facility, to a location where the wastes will not be vulnerable to the floodwaters.

(5) Landfills, surface impoundments, and waste piles must only be located in areas where there is not less than 6 meters of soil with a maximum permeability of 1.0 x 10 -6 centimeters per second at all points below and lateral to the liner or bottom of the landfill, surface impoundment, or waste pile, unless the owner or operator substitutes an engineered backup liner of equivalent design and demonstrates to the director that it provides equivalent environmental protection.

**History**
- *History: 1985 AACS; 1988 AACS; 1998 AACS; 2013 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 299.9604** Facility design and operating standards {#sec-r-299.9604 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9604}

Rule 604. The owner or operator of a treatment, storage, or disposal facility shall design, construct, operate, and maintain all the following:

(a) A run-on control system capable of preventing flow onto the active portions of the facility during peak discharge from not less than a 24-hour, 25-year storm.

(b) A runoff management system to collect and control not less than the water volume resulting from active portions of the facility from a 24-hour, 100-year storm.

(c) Systems to prevent hazardous waste or hazardous waste constituents from escaping into the soil, directly or indirectly into surface water or groundwaters, or uncontrolled into drains or sewers.

**History**
- *History: 1985 AACS; 1988 AACS; 1998 AACS; 2013 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 299.9605** General requirements for owners and operators {#sec-r-299.9605 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9605}

Rule 605. (1) The owner or operator of a hazardous waste treatment, storage, or disposal facility shall comply with all the requirements of 40 CFR part 264, subpart B, unless otherwise specified in this rule. The owner or operator shall also provide copies of the notices required pursuant to 40 CFR 264.12(a) to the regional administrator. In addition to the notice requirements of 40 CFR 264.12, the owner or operator shall, before transferring ownership or operation of a facility during its operating life or during any required postclosure care period, notify the new owner or operator, in writing, of the requirements of this part and part 5 of these rules.

(2) Hazardous waste transport vehicles and other containers leaving a designated facility must be empty of hazardous waste in accordance with the provisions of R 299.9207 or accompanied by a manifest that is prepared in accordance with the provisions of these rules.

The owner or operator shall develop and implement a procedure for ensuring compliance with this subrule. If a transport vehicle or other container is not empty, then the owner or operator shall either take all steps required in the procedure to ensure that the provisions of R 299.9207 are complied with or ensure that the hazardous waste that remains in the vehicle or containers is accompanied by a manifest that is prepared in accordance with the provisions of these rules when leaving the designated facility.

(3) The requirements of 40 CFR part 264, subpart B, do not apply to remediation waste management sites, other than those sites that are located at facilities that are subject to the licensing requirements under part 111 and these rules because the facility is also treating, storing, or disposing of hazardous wastes that are not remediation wastes, provided that the owners or operators of the remediation waste management sites comply with the requirements of 40 CFR 264.1(j).

(4) The provisions of 40 CFR part 264, subpart B, and 264.1(j) are adopted by reference in R 299.11003. For the purposes of this adoption, the words "regional administrator" replace the word "director" and the word "§264.101" replace the word "R 299.9629."

**History**
- *History: 1985 AACS; 1994 AACS; 2000 AACS; 2008 AACS; 2013 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 299.9606** Preparedness and prevention {#sec-r-299.9606 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9606}

Rule 606. (1) Owners or operators of hazardous waste treatment, storage, and disposal facilities shall comply with the provisions of 40 CFR part 264, subpart C, regarding preparedness and prevention unless otherwise specified in this rule.

(2) The requirements of 40 CFR part 264, subpart C, do not apply to remediation waste management sites, other than those sites that are located at facilities that are subject to the permitting or licensing requirements under part 111 and these rules because the facility is also treating, storing, or disposing of hazardous wastes that are not remediation wastes, provided that the owners or operators of the remediation waste management sites comply with the requirements of 40 CFR 264.1(j).

(3) The provisions of 40 CFR part 264, subpart C, and 264.1(j) are adopted by reference in R 299.11003. For the purposes of this adoption, the word "§264.101" replaces by the word "R 299.9629."

**History**
- *History: 1985 AACS; 2000 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 299.9607** Contingency plan and emergency procedures {#sec-r-299.9607 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9607}

Rule 607. (1) Owners or operators of hazardous waste treatment, storage, and disposal facilities shall maintain a contingency plan for the facility and comply with 40 CFR part 264, subpart D, regarding the plan and emergency procedures, unless otherwise specified in this rule.

(2) If there is a fire, explosion, or other release of hazardous waste or hazardous waste constituents that could threaten human health or the environment, or if the owner or operator has knowledge that a spill has reached surface water or groundwater, then the owner or operator shall immediately notify the department's pollution emergency alerting system - telephone number 800-292-4706. The notification must include all the following information:

(a) The name and telephone number of the person that is reporting the incident.

(b) The name, address, telephone number, and site identification number of the facility.

(d) The date, time, and type of incident.

(e) The name and quantity of the material or materials involved and released.

(f) The extent of injuries, if any.

(g) The estimated quantity and disposition of recovered material that resulted from the incident, if any.

(h) An assessment of actual or potential hazards to human health or the environment.

(i) The immediate response action taken.

(3) The requirements of 40 CFR part 264, subpart D, do not apply to remediation waste management sites, other than those sites that are located at facilities that are subject to the licensing requirements under part 111 and these rules because the facility is also treating, storing, or disposing of hazardous wastes that are not remediation wastes, provided that the owners or operators of the remediation waste management sites comply with 40 CFR 264.1(j).

(4) The provisions of 40 CFR part 264, subpart D, and 264.1(j) (1) to (13) are adopted by reference in R 299.11003. For the purposes of the adoption by reference of 40 CFR 264.52(b), the words "operating license" shall replace the words "RCRA permit."

For the purposes of the adoption of 40 CFR 264.56(i) and 264.1(j), the word "director" replaces the words "regional administrator" and the word "R 299.9629" replaces the word "§264.101," respectively.

2025 AACS.

**History**
- *History: 1985 AACS; 1994 AACS; 2000 AACS; 2004 AACS; 2008 AACS; 2013 AACS; 2017 AACS;*

##### **Mich. Admin. Code R 299.9608** Use of manifest system {#sec-r-299.9608 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9608}

Rule 608. (1) If a facility receives hazardous waste accompanied by a manifest, then the owner or operator, or the owner or operator’s agent, shall comply with 40 CFR 264.71(a).

(2) If a facility receives a bulk rail shipment of hazardous waste or a water (bulk shipment) of hazardous waste from a transporter that is accompanied by a shipping paper containing all the information required on the manifest, excluding the site identification numbers, generator's certification, and signatures, then the owner or operator, or the owner or operator's agent, shall comply with 40 CFR 264.71(b) and return a legible copy of the manifest to the director or the director’s designee within a period of 10 days after the end of the month in which the waste was received. If the generator state and the destination state are the same, the owner or operator, or the owner or operator’s agent, shall only submit 1 copy of the manifest to the director or the director’s designee.

(3) If a shipment of hazardous waste is initiated from a facility, then the owner or operator of that facility shall comply with the requirements of part 3 of these rules.

(4) Within 3 working days after the receipt of a shipment subject to R 299.9314, the owner or operator shall provide a copy of the movement document bearing all required signatures to the exporter, to competent authorities of the countries of export and transit that control the shipment as an export and transit of hazardous waste, respectively, and to the EPA electronically using WIETS, or its successor system. The owner or operator shall maintain the original copy of the movement document at the facility for not less than 3 years from the date of signature. The owner or operator may satisfy this recordkeeping requirement by retaining electronically submitted documents in the facility’s account on WIETS or its successor program if copies are readily available for viewing and production if requested by the EPA or authorized state inspector. The owner or operator may not be held liable for the inability to produce the documents for inspection under this subrule if the inability to produce the document is due exclusively to technical difficulty with WIETS, or its successor system, for which the owner or operator bears no responsibility.

(5) The owner or operator shall determine if the consignment state for a shipment regulates any additional wastes, beyond those regulated federally, as hazardous wastes under its state hazardous waste program. The owner or operator shall also determine if the consignment state or the generator state requires the owner or operator to submit any copies of the manifests to these states.

(6) Electronic manifests that are obtained, completed, and transmitted in accordance with 40 CFR 262.20(a)(3) and used in accordance with this rule instead of paper manifests are the legal equivalent of paper manifests bearing handwritten signatures, and satisfy any requirement in these rules to obtain, complete, sign, provide, use, or retain a manifest as outlined in 40 CFR 264.71(f) and (k).

(7) An owner or operator may participate in the electronic manifest system either by accessing the system from the owner or operator’s electronic equipment, or from portable equipment brought to the facility by the transporter that delivers the hazardous waste shipment, and by complying with 40 CFR 264.71(i).

(8) If an owner or operator receives a hazardous waste shipment that is accompanied by a paper replacement manifest for a manifest that originated electronically, the owner or operator shall comply with 40 CFR 264.71(h).

(9) An owner or operator that uses the electronic manifest system format may be assessed a user fee by the EPA for the origination or processing of each electronic manifest. An owner or operator may also be assessed a user fee by the EPA for the collection and processing of paper manifest copies that owners or operators are required to submit in accordance with 40 CFR 264.71(a)(2)(v). The EPA shall establish, publish, maintain, and update the user fees in accordance with 40 CFR 264.71(j).

(10) Electronic manifest signatures must meet the criteria described in 40 CFR 262.25.

(11) After an owner or operator has certified to the receipt of a hazardous waste by signing Item 20 of the manifest, any post-receipt data corrections must be made in accordance with 40 CFR 264.71(l).

(12) Upon discovering a manifest discrepancy, as defined in 40 CFR 264.72(a), including a significant difference as defined in 40 CFR 264.72(b), the owner or operator shall comply with 40 CFR 264.72(c) to (g) and distribute copies of the manifest pursuant to subrules (1) and (2) of this rule.

(13) The requirements of this rule do not apply to owners or operators of off-site facilities with respect to waste military munitions exempted from manifesting requirements under R 299.9818.

(14) Owners and operators shall comply with the manifest and fee requirements for the electronic hazardous waste manifest program that are established and administered by the EPA in accordance with 40 CFR 260.4 and 260.5 and part 264, subpart FF.

(15) 40 CFR 260.4, 260.5, 264.71(a), (b), (f), and (h) to (l), and 264.72 are adopted by reference in R 299.11003. For the purposes of adoption, the term "site identification number" replaces the term "EPA identification number," the term "R 299.9207" replaces the term "§261.7(b)," and the term "R 299.9309(1)(a)" replaces the term "§262.20(a)."

2020 AACS; 2025 AACS.

**History**
- *History: 1985 AACS; 1998 AACS; 2000 AACS; 2004 AACS; 2008 AACS; 2013 AACS; 2017 AACS;*

##### **Mich. Admin. Code R 299.9609** Operating record; availability, retention, and disposition of records {#sec-r-299.9609 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9609}

Rule 609. (1) An owner or operator shall keep a written operating record at the owner or operator’s facility, or in an alternate location approved by the director or the director’s designee. The following information must be recorded as it becomes available and maintained in the operating record until closure of the facility:

(a) The information required by the provisions of 40 CFR 264.73(b)(1) to (4), (6), (8), (10), (18), and (19), and 40 CFR part 264, appendix I.

(b) Other records required to be maintained in the operating record by an operating license.

(2) The information required by the provisions of 40 CFR 264.73(b)(5), (7), (9), and (11) to (17) must be recorded as it becomes available and maintained in the operator record in accordance with the time periods specified therein.

(3) All records, including plans, required under this part must be furnished on request, and made available at all reasonable times for inspection, by any officer, employee, or representative of the department who is duly designated by the director.

(4) The retention period for all records required under this part is extended automatically during the course of any unresolved enforcement action regarding the facility or as requested by the director or administrator.

(5) A copy of records of waste disposal locations and quantities under subrule (1) of this rule must be submitted to the director, or the director’s designee, the regional administrator, and local land authority upon closure of the facility.

(6) The provisions of 40 CFR 264.73 and part 264, appendix I, are adopted by reference in R 299.11003.

**History**
- *History: 1985 AACS; 1988 AACS; 1991 AACS; 2008 AACS; 2013 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 299.9610** Reporting {#sec-r-299.9610 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9610}

Rule 610. (1) The owner or operator shall provide to the director or the director's designee the data necessary for the department to prepare and submit Michigan's hazardous waste report as required to the EPA. The owner or operator shall submit the data in a format specified by the director or the director's designee. The data must be acquired from the information required in parts 3 and 6 of the rules, the operating reports required in subrule (3) of this rule, other reporting mechanisms used by the director to obtain the information specified in 40 CFR 264.75, and by the EPA as part of a federal information collection request published in conjunction with 40 CFR 264.75.

(2) If a facility accepts for treatment, storage, or disposal any hazardous waste from an off-site source without an accompanying manifest or without an accompanying shipping paper as described in 40 CFR 263.20(e), and if the waste is not excluded from the manifest requirement by R 299.9304, then the owner or operator shall prepare and submit a single copy of a report to the director or the director’s designee, within 15 days after receiving the waste. The unmanifested waste report must be submitted on a form approved by the director. The report must be designated "Unmanifested Waste Report" and must include all the following information:

(a) The site identification number, name, and address of the facility.

(b) The date the facility received the waste.

(d) A description and the quantity of each unmanifested hazardous waste and facility received.

(e) The method of treatment, storage, or disposal for each hazardous waste.

(f) The certification signed by the owner or operator of the facility or the owner or operator's authorized representative.

(g) A brief explanation of why the waste was unmanifested, if known.

(3) The owner or operator of a hazardous waste treatment or disposal facility on the site of generation shall submit an operating report to the director or the director’s designee, on forms provided by the director, that summarizes all managed hazardous wastes treated or disposed of, including the hazardous waste number of the wastes, quantity, method of treatment or disposal, and dates of treatment or disposal. The report must be submitted to the director within 10 days after the end of March, June, September, and December of each year, unless more frequent submissions are required by the director or the director’s designee.

(4) All reports must be signed and certified pursuant to 40 CFR 270.11, which is adopted by reference in R 299.11003.

(5) 40 CFR 263.20(e) is adopted by reference in R 299.11003.

2025 AACS.

**History**
- *History: 1985 AACS; 1996 AACS; 2000 AACS; 2004 AACS; 2008 AACS; 2013 AACS; 2020 AACS;*

##### **Mich. Admin. Code R 299.9611** Environmental monitoring {#sec-r-299.9611 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9611}

Rule 611. (1) An owner or operator of a hazardous waste treatment, storage, or disposal facility shall develop an environmental monitoring program that can detect a release of hazardous waste or hazardous waste constituents from the facility.

(2) An owner or operator shall do all the following as part of the environmental monitoring program:

(a) Prepare a sampling and analysis plan for each environmental monitoring program that includes all the following information:

(i) A sampling location map.

(ii) A sampling schedule.

(iii) The parameters to be analyzed.

(iv) The sampling equipment, well purging, and sample collection procedures.

(v) The field measured parameters.

(vi) The sampling preservation and handling techniques.

(vii) The sampling analytical protocols.

(viii) The field and laboratory quality assurance and quality control procedures.

(ix) The chain of custody procedures.

(x) The decontamination procedures.

(xi) The data analysis, including the statistical method used.

(b) Conduct a groundwater monitoring program that complies with the requirements of R 299.9612, except as indicated in subrule (3) of this rule.

(c) Conduct an ambient air monitoring program approved by the director or the director’s designee to detect violations of the provisions of part 55.

(d) Conduct an annual soil monitoring program in areas subject to spills, such as loading and unloading areas, to detect hazardous wastes or hazardous waste constituents.

(3) The director shall waive the groundwater monitoring requirements of R 299.9612 if either of the following conditions is met:

(a) The facility is not a land disposal facility, and the owner or operator complies with 1 of the following provisions:

(i) All treatment, storage, and waste handling activities take place inside or under a structure that provides protection from precipitation and runoff and the facility complies with the provisions of R 299.9604.

(ii) The owner or operator demonstrates, to the director's satisfaction, that monitoring is not required.

(iii) The owner or operator demonstrates, to the director's satisfaction, that a lesser degree of monitoring, or that alternate information regarding monitoring activities conducted in conjunction with response activity in the area of the hazardous waste management unit or units, can be utilized to demonstrate compliance with the provisions of part 111 and these rules.

(b) The director finds that there is no potential for migration of liquid from the facility to the uppermost aquifer during the active life of the facility and the postclosure care period specified pursuant to the provisions of 40 CFR 264.117, which is adopted by reference in R 299.11003. The demonstration must be certified by a qualified geologist or geotechnical engineer. To provide an adequate margin of safety in the prediction of potential migration of liquid, the owner or operator shall base any predictions made pursuant to this subdivision on assumptions that maximize the rate of liquid migration.

(4) The director shall waive the requirements of subrule (2)(c) and (d) of this rule if the owner or operator demonstrates that monitoring is not required or that a lesser degree of monitoring can be utilized to demonstrate compliance with the provisions of part 111 and these rules.

(5) The director shall require more intensive or extensive monitoring programs if needed to demonstrate compliance with the provisions of part 111 or these rules.

(6) An owner or operator shall provide all environmental monitoring data to the director in electronic form within 60 days of the date of completion of the sampling or collection event, unless otherwise approved by the director.

**History**
- *History: 1985 AACS; 1988 AACS; 1994 AACS; 1996 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 299.9612** Groundwater monitoring {#sec-r-299.9612 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9612}

Rule 612. (1) Owners or operators of facilities that treat, store, or dispose of hazardous waste shall comply with the requirements of R 299.9629 and 40 CFR part 264, subpart F, excluding 264.94(a)(2) and (3), 264.94(b) and (c), 264.100, and 264.101 and except as follows:

(a) The director may, in the facility operating license, extend the point of compliance into groundwaters other than the uppermost aquifer.

(b) In addition to wells required by 40 CFR part 264, subpart F, the owner or operator shall install wells at appropriate locations and depths to yield groundwater from any saturated zone other than the uppermost aquifer if the sampling will provide an earlier warning of failure from a hazardous waste management unit. All wells installed to monitor or evaluate groundwater must be constructed and abandoned in accordance with the well installation and well decommissioning procedures in ASTM standards D5092-04 and D5299-14, or a plan approved by the director.

(c) The director may require sampling and analysis for secondary monitoring parameters at frequencies specified in the facility operating license. If the owner or operator determines that there is a statistically significant increase in 1 or more secondary monitoring parameters, then the owner or operator shall do all the following:

(i) Notify the director or the director’s designee of the finding immediately.

(ii) Conduct verification sampling for both primary and secondary monitoring parameters, taking replicate measurements on each sample at each well in accordance with a plan approved by the director.

(iii) Redetermine if a statistically significant increase has occurred in either primary or secondary monitoring parameters and immediately notify the director or the director’s designee of the results.

(d) The concentration limit of a hazardous constituent established under 40 CFR 264.94(a) must not exceed the background level of that constituent in groundwater, unless a concentration limit which is not less stringent than that allowed under RCRA has been established under part 31 or 201.

(e) To determine whether background values or concentration limits have been exceeded pursuant to 40 CFR 264.97(h), the owner or operator shall use a statistical test approved by the director in the facility operating license and determine if the difference between the mean of the constituent at each well, using all replicates taken, and either of the following is significant:

(i) The background value of the constituent as defined in the operating license.

(ii) The mean value of 1 year's initial sampling for the well itself where the 1-year period is specified by the director in the facility operating license.

(f) The director may require compliance monitoring and corrective action under 40 CFR 264.99; R 299.9629; part 31; and part 201, to be conducted under a consent agreement or other legally binding agreement rather than under an operating license.

(g) Nothing in 40 CFR part 264, subpart F, or this rule restricts the director from taking action pursuant to section 11148 or 11151 of the act, MCL 324.11148 and 324.11151.

(h) The owner or operator has been granted a waiver by the director under R 299.9611(3).

(2) 40 CFR part 264, subpart F and 40 CFR part 264, appendix IX, excluding 264.94(a)(2) and (3), 264.94(b) and (c), 264.100, and 264.101, are adopted by reference in R 299.11003. For the purposes of adoption, the term "director" replaces the terms "regional administrator" or "administrator," the term "department" replaces the term "agency," the term "part 1 of these rules" replaces the term "§270.1(c)(7)," the term "R 299.9612 and R 299.9629" replaces the term "§§264.91 through 264.100," and the term "operating license" replaces the term "permit."

2013 AACS; 2017 AACS; 2020 AACS; 2025 AACS.

**History**
- *History: 1985 AACS; 1988 AACS; 1991 AACS; 1994 AACS; 1998 AACS; 2000 AACS; 2008 AACS;*

##### **Mich. Admin. Code R 299.9613** Closure and postclosure {#sec-r-299.9613 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9613}

Rule 613. (1) The owner or operator of a hazardous waste treatment, storage, or disposal facility shall comply with the closure and postclosure provisions of 40 CFR part 264, subpart G, except 40 CFR 264.112(d)(1), 264.115, and 264.120.

(2) The owner or operator shall notify the director, in writing, not less than 60 days before the date on which the owner or operator expects to begin partial or final closure of any or all hazardous waste management units at the treatment, storage, or disposal facility. A copy of the current or updated partial or final closure plan for the hazardous waste management unit or units that are being closed must accompany the notification.

(3) Within 60 days after completion of closure of each hazardous waste management unit at a facility, and within 60 days after the completion of final closure, the owner or operator shall submit, to the director, by registered mail, a certification that the hazardous waste management unit or facility, as applicable, has been closed in accordance with the specifications in the approved closure plan. The certification must be signed by the owner or operator and by an independent registered professional engineer and include all the following supporting documentation:

(a) The results of all sampling and analysis.

(b) Sampling and analysis procedures.

(d) Any statistical evaluations of sampling data.

(e) A summary of waste types and quantities removed from the site and the destination of these wastes.

(f) If soil has been excavated, the final depth and elevation of the excavation and a description of the fill material used.

(4) Any documentation not listed in subrule (3) of this rule that supports the independent registered professional engineer's certification must be furnished to the director on request until the director releases the owner or operator from the financial assurance requirements for closure pursuant to the provisions of R 299.9703.

(5) Not later than 60 days after completion of the established postclosure care period for each hazardous waste disposal unit, the owner or operator shall submit, to the director, by registered mail, a certification that the postclosure care period for the hazardous waste disposal unit was performed in accordance with the specifications in the approved postclosure plan. The certification must be signed by the owner or operator and an independent registered professional engineer. Documentation supporting the independent registered professional engineer's certification must be furnished to the director on request until the director releases the owner or operator from the financial requirements for postclosure pursuant to the provisions of R 299.9703.

(6) The environmental protection standards established pursuant to the provisions of part 201 must be used to perform closure and postclosure of a facility under part 111 if the limits are not less stringent than those allowed pursuant to the provisions of RCRA.

(7) The provisions of 40 CFR part 264, subpart G, except 40 CFR 264.112(d)(1), 264.115, and 264.120, are adopted by reference in R 299.11003. For the purposes of this adoption, the word "director" replaces the words "regional administrator" and the words "R 299.9703(8) and R 299.9710(17)" replace the word "40 C.F.R. §264.140(d).

**History**
- *History: 1985 AACS; 1988 AACS; 1994 AACS; 2000 AACS; 2008 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 299.9614** Use and management of containers {#sec-r-299.9614 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9614}

Rule 614. (1) Owners or operators of all hazardous waste facilities that store containers of hazardous waste shall do both of the following:

(a) Comply with all requirements of 40 CFR part 264, subpart I. If the owner or operator is unable to comply with 40 CFR 264.176 or the authority having jurisdiction determines that an alternative to the requirements of 40 CFR 264.176 is more protective of human health and the environment, then compliance with 40 CFR 264.176 is considered achieved by meeting the requirements of the fire prevention code and its rules. A copy of an approval letter indicating that the containers are stored in compliance with the fire prevention code and signed by the authority having jurisdiction must be maintained at the facility.

(b) Ensure that each container is labeled or marked clearly with the words "Hazardous Waste" and the hazardous waste number.

(2) The provisions of 40 CFR part 264, subpart I, are adopted by reference in R 299.11003.

**History**
- *History: 1985 AACS; 2004 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 299.9615** Tank systems {#sec-r-299.9615 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9615}

Rule 615. (1) Owners or operators that use existing or new tank systems, whether aboveground, in-ground, on-ground, or underground tanks, to treat or store hazardous waste shall comply with all the requirements of 40 CFR part 264, subpart J, except as provided in subrule (4) of this rule, and ensure the tank systems are not unfit for use.

(2) Owners or operators of tank systems that do not comply with the containment requirements of 40 CFR 264.193(b) to (f) shall do all the following until either the tank system is brought into compliance with the standards of 40 CFR 264.193(a) or until a variance is obtained as provided by 40 CFR 264.193(h):

(a) Ensure that aboveground tank systems that are used for the treatment or storage of liquid hazardous wastes, or hazardous wastes that could generate free liquids during storage, are located in areas which are paved, diked, curbed, or otherwise structurally enclosed so as to be able to contain not less than 100% of the largest tank system within the enclosed area. Where the hazardous wastes that are stored are incompatible with the materials of construction of tank systems within the enclosed area, or where the tank systems are interconnected so that a loss from one tank system may lead to losses in other tank systems, the owner or operator shall ensure that all tank systems are structurally enclosed so as to be able to contain not less than 100% of the liquid portion of the material being stored in all tank systems.

(b) For underground tank systems that are used for the treatment or storage of liquid hazardous wastes, or hazardous wastes that could generate free liquids, do all the following:

(i) Provide adequate secondary containment and a leachate collection and withdrawal system to contain any release of hazardous wastes or hazardous waste constituents from the tank system.

(ii) Conduct a complete inventory of hazardous wastes in the tank system not less than twice a month.

(iii) Conduct leachate sampling and analysis not less than once a year. If the inventories required pursuant to paragraph (ii) of this subdivision indicate a loss of waste, leachate sampling and analysis be performed within 24 hours of the discovery of the loss.

(3) All tank systems that are put into service after July 14, 1986, or that are upgraded pursuant to the provisions of 40 CFR 264.193 must be assessed by a corrosion expert in accordance with the provisions of 40 CFR 264.192(a)(3) and provided with the necessary corrosion protection as determined pursuant to the assessment.

(4) All tank systems must be designed, constructed, operated, and maintained in compliance with the requirements of act 207.

(5) Owners or operators shall label tank systems in accordance with the provisions of NFPA standard no. 704.

(6) The director may waive the interim secondary containment requirements of subrule (2) of this rule for wastewater treatment units and elementary neutralization units based upon an assessment of the hydrogeological aspects of the site with respect to the provisions of part 31, the nature and volume of the waste treated or stored, and the location and nature of the facility.

(7) NFPA standard no. 704 is adopted by reference in R 299.11002. The provisions of 40 CFR part 264, subpart J, are adopted by reference in R 299.11003. For the purposes of this adoption, the word "director" replaces the words "regional administrator" and "administrator" and the words "operating license application" replace the words "part B."

2025 AACS.

**History**
- *History: 1985 AACS; 1988 AACS; 1994 AACS; 1996 AACS; 1998 AACS; 2008 AACS; 2013 AACS;*

##### **Mich. Admin. Code R 299.9616** Surface impoundments {#sec-r-299.9616 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9616}

Rule 616. (1) Owners or operators of facilities that use surface impoundments to treat or store hazardous waste shall comply with the requirements of 40 CFR part 264, subpart K, except 40 CFR 264.221(f). For new surface impoundments or replacements or lateral expansions of an existing portion of a surface impoundment or existing surface impoundments where liners are constructed of materials that might allow wastes to migrate into the liner, such as compacted clay, the liner must, at a minimum, be constructed in accordance with the standards for clay liners contained in R 299.9620(2) and be designed, constructed, and installed to prevent any migration of wastes out of the impoundment to the adjacent subsurface soil, groundwater, or surface water at any time during the active life, including the closure period, of the impoundment.

(2) New surface impoundments or replacements or lateral expansions of an existing portion of a surface impoundment or existing surface impoundments must contain a leak detection, containment, and removal system designed, constructed, operated, and maintained in accordance with R 299.9622, unless exempted under that rule.

(3) The owner or operator of an existing surface impoundment shall not close the impoundment as a landfill in accordance with the provisions of 40 CFR 264.228 unless both of the following provisions are complied with:

(a) The site of the surface impoundment meets the location standards of R 299.9603 or can be engineered to meet these standards.

(b) The director does either of the following:

(i) Determines that all contaminated subsoils cannot be practicably removed.

(ii) Issues an operating license for a facility alteration.

(4) The provisions of 40 CFR part 264, subpart K, except 40 CFR 264.221(f), are adopted by reference in R 299.11003.

**History**
- *History: 1985 AACS; 1996 AACS; 1998 AACS; 2013 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 299.9617** Waste piles {#sec-r-299.9617 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9617}

Rule 617. (1) Owners or operators of facilities that store or treat hazardous waste in piles shall comply with the provisions of 40 CFR part 264, subpart L, except 40 CFR 264.251(f). Where liners are constructed of materials that might allow waste to migrate into the liner, such as compacted clay, the liner must be constructed in accordance with the standards for clay liners contained in R 299.9620(2).

(2) New waste piles must contain a leak detection, containment, and removal system designed, constructed, maintained, and operated in accordance with R 299.9622, unless exempted under that rule.

(3) The provisions of 40 CFR part 264, subpart L, except 40 CFR 264.251(f), are adopted by reference in R 299.11003.

**History**
- *History: 1985 AACS; 1996 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 299.9618** Land treatment {#sec-r-299.9618 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9618}

Rule 618. (1) Owners or operators of facilities that treat or dispose of hazardous waste in land treatment units shall comply with all requirements of 40 CFR part 264, subpart M, including requirements for food chain crops if applicable.

(2) The provisions of 40 CFR part 264, subpart M, are incorporated by reference in R 299.11003.

**History**
- *History: 1985 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 299.9619** Landfills {#sec-r-299.9619 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9619}

Rule 619. (1) Owners or operators of facilities that use landfills to dispose of hazardous waste shall comply with the design and operating requirements of 40 CFR part 264, subpart N, except 40 CFR 264.301(f).

(2) In addition to the liner system requirements of 40 CFR 264.301, the owner or operator of a landfill shall design the liner system to meet the requirements of R 299.9620.

(3) All landfills must contain a leak detection, collection, and removal system beneath the liner system that is designed, constructed, operated, and maintained pursuant to R 299.9622, unless the landfill is exempted pursuant to R 299.9622.

(4) In addition to the requirements of 40 CFR 264.301(a), the leachate collection and removal system must include all the following:

(a) Not less than 30 centimeters of granular material that has a permeability of 1 x 10 -2 centimeters per second or greater, as determined by ASTM standard no. D2434-68, or a layer of geosynthetic drainage materials with a transmissivity of 3 x 10 -5 meters squared per second or greater covered by a minimum of 30 centimeters of a protective layer of granular material with a permeability of 1 x 10 centimeters per second or greater, as determined by ASTM standard no. D2434-68.

(b) Either of the following:

(i) Provisions for discharging the leachate directly to a wastewater treatment unit.

(ii) Provisions for storing the quantity of leachate that is expected to be generated from all cells during a 24-hour, 100-year storm.

(i) A volume that can properly maintain a leachate head of no more than 30 centimeters, 12 inches, on the liner.

(ii) A leachate removal system to remove liquid from the sump.

(iii) A device for continuously monitoring the quantity of leachate in the sump and removed from the landfill.

(5) The director may approve alternate design or operating practices to those specified in subrule (4) of this rule if the owner or operator demonstrates to the director that the design and operating practices, together with location characteristics, comply with both of the following requirements:

(a) The alternate design and operating practices must prevent the migration of any hazardous constituent into the groundwater or surface water not less than as effectively as the leachate collection and removal systems specified in subrule (4) of this rule.

(b) The alternate design and operating practices must allow the detection of leaks of hazardous constituents through the top liner not less than as effectively as the leachate collection and removal systems specified in subrule (4) of this rule.

(6) In addition to the closure and postclosure care requirements of 40 CFR 264.310, the owner or operator of a landfill shall do all the following with respect to closure and postclosure care:

(a) Close the facility so that the final cover includes all the following unless the owner or operator substitutes an equivalent design that includes a flexible membrane liner component with a minimum thickness of 1 millimeter, 40 mil, depending on the type of material selected, and demonstrates to the director that it provides equivalent environmental protection:

(i) Compacted clay that complies with the requirements of R 299.9620(3) and is not less than 90 centimeters thick.

(ii) A flexible membrane liner must be placed directly over the compacted clay layer required pursuant to paragraph (i) of this subdivision.

(iii) Not less than 60 centimeters of additional material, such as topsoil, subsurface drainage media, or cobbles to prevent animal burrowing. The additional material must be applied in a manner that protects the clay and any synthetic component from the effects of temperature, erosion, and rooted vegetation. For temperature protection, the additional material thickness must equal not less than 60 centimeters or the maximum depth of frost penetration, whichever is greater. In order to provide a minimum base for root penetration, the top component of the additional material must consist of not less than 15 centimeters of topsoil.

(iv) Slopes of the barrier layer, the drainage layer, and the top of the cover system must not be less than 4% at any location.

(b) Establish shallow rooted grasses at the earliest possible time and maintain the vegetation or use other erosion control measures to stabilize the cap and prevent erosion.

Erosion must be limited to not more than 2 tons per acre per year based on the universal soil loss equation.

(c) Establish a venting system to prevent the accumulations of gas. The venting system must be installed in a manner that does not adversely affect the permeability of the cap and, if required pursuant to part 55, gas emissions must be monitored, collected, and treated.

The director shall exempt the owner or operator from this requirement if the owner or operator demonstrates that gas will not be generated in the landfill.

(7) The director may approve alternative designs and maintenance practices to those specified in subrule (6) of this rule for beneficial uses of closed landfills if the owner or operator demonstrates to the director that the designs and maintenance practices for the landfill cover system will provide equivalent environmental protection.

(8) The provisions of 40 CFR part 264, subpart N, except 40 CFR 264.301(f), are adopted by reference in R 299.11003. For the purposes of this adoption, the word "director" replaces the words "regional administrator."

2004 AACS; 2025 AACS.

**History**
- *History: 1985 AACS; 1988 AACS; 1989 AACS; 1991 AACS; 1994 AACS; 1996 AACS; 2000 AACS;*

##### **Mich. Admin. Code R 299.9620** Liner requirements for landfills, surface impoundments, and waste piles {#sec-r-299.9620 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9620}

Rule 620. (1) A liner system must be located, designed, constructed, and operated so that there is no direct contact between the liners and groundwater in a saturated zone and moisture content would not adversely affect the structural and containment integrity of the liners.

(2) The primary liner for a landfill must be a composite liner. The composite liner must be designed to have a flexible membrane liner meeting the requirements of 40 CFR 264, subpart N, directly over compacted clay which is a minimum of 150 centimeters thick and meets the requirements of subrule (3) of this rule.

(3) A compacted clay liner that is designed to meet the requirements of 40 CFR 264.221, 264.251, and 264.301, which are adopted by reference in R 299.11003, or R 299.9619 must meet all the following requirements for that clay liner:

(a) Comply with the criteria for a unified soil classification of CL or CH as determined by the provisions of ASTM standard D2487-11.

(b) Have more than 25% of the soil particles be less than 5 microns in size.

(c) Be placed in horizontal lifts of not more than 25 centimeters and be uniformly and thoroughly compacted to the standards approved in the design. The lift thickness must not be more than 25 centimeters, 6 inches after compaction. However, the material must not be compacted to less than 90% of the maximum dry density, as determined by the modified proctor test described in the provisions of ASTM standard D1557-12, or 95% of the maximum dry density, as determined by the standard proctor test described in the provisions of ASTM standard D698-12, which are adopted by reference in R 299.11001, and the moisture content must be within a range of -2% to +5% of the optimum moisture content.

(d) Have a maximum permeability coefficient of 1.0 x 10 -7 centimeters per second or less at all points.

(4) The waste pile or landfill base floor must be graded to a minimum slope of 2% in directions perpendicular to the leachate collection pipes to promote drainage. The leachate pipes must be laid on a slope of 1% or more in a direction to intercept liquid flow. The director may approve an alternate design to those specified in this subrule if the owner or operator demonstrates to the director that the design, together with location characteristics, complies with both of the following requirements:

(a) The alternate design will prevent the migration of any hazardous constituent into the groundwater or surface water not less than as effectively the design requirements specified in this subrule.

(b) The alternate design will allow the detection of leaks of hazardous constituents through the top liner not less than as effectively as the design requirements specified in this rule.

(5) Liner systems and leachate collection systems must be designed to prevent the damage of the materials of both systems in the event of differential settlement of the foundation under worst case conditions.

**History**
- *History: 1985 AACS; 1988 AACS; 1991 AACS; 2000 AACS; 2013 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 299.9621** Quality control for landfills, surface impoundments, and waste piles {#sec-r-299.9621 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9621}

Rule 621. (1) Owners or operators of landfills, surface impoundments, and waste piles shall conduct a quality control program during construction that ensures all the following:

(a) That the natural clay base meets or exceeds the thickness and permeability requirements of R 299.9603(5), by doing either of the following:

(i) Obtaining soil borings and determining the natural moisture content as determined by ASTM standard D2216-10; grain size distribution, sieve and hydrometer, as determined by ASTM standards D6913-04 and D7928-16; classification by the unified soil classification system as determined by ASTM standard D2487-11; Atterburg limits of the soil as determined by ASTM standard D4318-10 at varying depths every 100 feet; and the permeability of an undisturbed sample every 200 feet as determined by ASTM standard D5084-10.

(ii) Utilizing resistivity surveys to replace or supplement borings specified in paragraph (i) of this subdivision. The resistivity surveys must employ an electrode spacing to give an effective depth of penetration. A sufficient number of stations must be used to ensure that complete coverage to the edge of the waste management area is provided and correlation with borings or wells is obtained.

(b) That the natural clay base provides an adequate sub-base for overlying liners and leachate collection and removal systems, by evaluating the subgrade conditions for stability and correcting wet or unstable areas.

(i) Constructing the liner so that the bottom liner and the side wall liner, dike, will be continuous and completely keyed together at all construction joints.

(ii) During winter construction, removing all ice and snow before placing the liner and not using frozen soil in any part of liner.

(iii) Determining the field density-moisture of the liner material by utilizing the provisions of ASTM standard D6938-15 for each 1,000 cubic yards placed, with a minimum of 1 test per day of construction or layer of clay placed.

(iv) Determining the particle size distribution, sieve and hydrometer, according to ASTM standards D6913-04 and D7928-16, Atterburg limits according to ASTM standard D4318-10, and natural moisture content according to ASTM standard D2216-10 of random samples of liner material from each 5,000 cubic yards of material placed.

(v) Redetermining the density of liner materials by the modified proctor test, ASTM standard D1557-12, when the texture of the soil changes and every 5,000 cubic yards placed.

(vi) Determining the permeability with water of a soil sample every 10,000 cubic yards placed by using ASTM standard D5084-10, which is adopted by reference in R 299.11001, or other method approved by the director on a sample that is not less than 2.8 inches in diameter.

(vii) Verifying liner thickness and subgrade slope by a final elevation check to ensure that all the following requirements are met:

(A) The final elevation must be within plus or minus 0.2 feet of the approved plans.

(B) The slope reduction of the subgrade must not be greater than 10% of the approved slopes.

(d) The synthetic liners are properly installed, by doing all the following:

(i) Properly preparing the foundation for the liner by doing all the following:

(A) Compacting to the requirements of R 299.9620.

(B) Grading the foundation to a smooth and true line.

(D) Grading the foundation to be free from stones or deleterious material.

(E) Removing any vegetation from the foundation before installation of the liner.

(ii) Ensuring that field seaming is done under the direction of a registered professional engineer and when weather conditions are favorable for installation.

(iii) Ensuring that field seams, joints, and mechanical seals are properly made by wiping contact surfaces clean of dirt, dust, moisture, or other foreign material, ensuring that seaming is done in accordance with manufacturer specifications and testing all field seams by nondestructive tests approved by the director.

(iv) Recording the ambient temperature and liner temperature hourly during liner installation or field seaming.

(e) That leachate collection and leak detection, collection, and removal systems are installed so that the requirements of this rule are met, by doing both of the following:

(i) Making elevation checks not less than every 200 feet to verify the appropriate thickness of granular material.

(ii) Sampling randomly not less than every 5,000 cubic yards placed to verify the required aggregate classification.

(2) The quality control program required by subrule (1) of this rule must be documented by written daily records of all work and tests performed during construction. All daily records must be maintained in the operating record for the facility and available for inspection by the director or the director’s authorized representative.

(3) ASTM standards D2216-10, D2487-11, D1557-12, D2434-68, D4318-10, D5084-10, D6913-04, and D7928-16 are adopted by reference in R 299.11001.

**History**
- *History: 1985 AACS; 1996 AACS; 2000 AACS; 2013 AACS; 2017 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 299.9622** Leak detection systems {#sec-r-299.9622 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9622}

Rule 622. (1) Each new unit and lateral expansion or replacement of an existing unit at a landfill, surface impoundment, waste pile, or land treatment facility must include a leak detection system capable of detecting, collecting, and removing leaks of hazardous constituents at the earliest practicable time.

(2) If contamination is detected in the leak detection system required by this rule, the owner or operator shall do all the following:

(a) Immediately notify the director or the director’s designee.

(b) Within 30 days, determine what failures have occurred in the liner system.

(c) If failures have occurred, do either of the following on a schedule that ensures the protection of human health and the environment:

(i) Repair the failures in the liner system and obtain the certification of a registered professional engineer that, to the best of the professional engineer’s knowledge and opinion, the failure has been corrected.

(ii) Cease placing waste in the failed unit and take action to prevent the migration of hazardous waste and hazardous waste constituents from the facility.

(3) The director shall grant an exemption from the requirements for a leak detection system if the owner or operator satisfies the waiver requirements for 2 liners and a leachate collection system between the liners established under the provisions of 40 CFR part 264.301.

**History**
- *History: 1985 AACS; 1988 AACS; 2000 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 299.9623** Incinerators {#sec-r-299.9623 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9623}

Rule 623. (1) Owners and operators of facilities that incinerate hazardous waste shall comply with all requirements of this rule, except as subrule (2) of this rule provides otherwise. The following facility owners or operators are considered to incinerate hazardous waste:

(a) Owners or operators of hazardous waste incinerators as defined in R 299.9104.

(b) Owners or operators that burn hazardous waste in boilers or in industrial furnaces to destroy the wastes.

(2) Except as noted in this subrule and subrule (3) of this rule, part 6 of the rules does not apply to owners and operators of new hazardous waste incinerators that become subject to the license requirements of these rules after October 12, 2005, or to owners or operators of existing facilities that incinerate hazardous waste if the owner or operator demonstrates compliance with the air emission standards and limitations in 40 CFR part 63, subpart EEE, by conducting a comprehensive performance test and submitting to the director a notification of compliance under 40 CFR 63.1207(j) and 63.1210(d) that documents compliance with the requirements of 40 CFR part 63, subpart EEE.

Nevertheless, even after this compliance demonstration is made, the operating license conditions that are based on the standards of part 6 of the rules will continue to be in effect until they are removed from the operating license or the operating license is terminated or revoked, unless the operating license expressly provides otherwise. The director may apply this subrule and subrule (3) of this rule, on a case-by-case basis, for collecting information pursuant to R 299.9504(18) and (20) and R 299.9521(3)(b) and (c).

(3) The maximum achievable control technology standards of 40 CFR part 63, subpart EEE, do not supersede any of the following requirements:

(a) R 299.9601, R 299.9605 to R 299.9610, R 299.9612, R 299.9613, R 299.9630, R 299.9631, and part 7 of these rules.

(b) The particulate matter standard of 40 CFR 264.343(c) if the owner or operator elects to comply with the alternative to the particulate standard of 40 CFR 63.1206(b)(14) and 63.1219(e).

(i) The requirements of 40 CFR 264.345(a) that require that an incinerator operate pursuant to the operating requirements specified in the operating license.

(ii) The requirements of 40 CFR 264.345(c) that require compliance with the emission standards and operating requirements during startup and shutdown if hazardous waste is in the combustion chamber, except for particular hazardous wastes.

(4) Owners and operators of facilities that incinerate hazardous waste shall comply with 40 CFR part 264, subpart O, except 40 CFR 264.340(a) to (d) and 264.344(a)(2) and (b).

(5) The owner or operator of a hazardous waste incinerator shall burn only wastes specified in the owner or operator’s operating license and only under operating conditions specified for those wastes under this rule, except in approved trial burns or trial operations.

Other hazardous wastes may be burned only after operating conditions have been specified in an operating license. Operating requirements for new wastes may be based on either trial burn results or alternative data included with the operating license application.

(6) The operating license for a new incinerator or the expansion, enlargement, or alteration of an existing incinerator must establish appropriate conditions for each of the applicable requirements of this part, including, but not limited to, allowable waste feeds and operating conditions necessary to meet the requirements of 40 CFR 264.345 and sufficient to comply with 40 CFR 264.344(c)(1) and (2) for the period before and during the trial burn.

(7) The director may require trial operation of an incinerator and the submittal of a trial operations plan containing the information specified in 40 CFR 270.62(b)(2) under the following circumstances:

(a) Before the renewal of an incinerator's operating license under part 111.

(b) Before the licensing of an incinerator newly subjected to the license requirements of part 111 and these rules.

(d) The director has evidence that an incinerator may be emitting hazardous constituents in quantities that violate part 55 or these rules.

(8) The requirements of 40 CFR 270.62(a) to (d) apply to facilities incinerating hazardous waste, except as otherwise provided in these rules.

(9) An incinerator burning hazardous waste must be designed, constructed, and maintained so that it complies with part 55.

(10) The director may, in addition, specify 1 or more principal organic hazardous constituents from the lists of hazardous waste or hazardous constituents contained in tables 201 to 206 of these rules.

(11) The provisions of 40 CFR part 63, subpart EEE; 40 CFR part 261, appendix VIII; 40 CFR part 264, subpart O, except 40 CFR 264.340(a) to (d) and 264.344(a)(2) and (b); and 40 CFR 270.62(a) to (d) and 270.235(a)(1)(i), are adopted by reference in R 299.11003. For the purposes of this adoption, the references to "§124.10" are replaced with "R 299.9511," "270.19" is replaced with "R 299.9504," "§270.42" is replaced with "R 299.9519," and the word "permit" is replaced with "operating license."

2025 AACS.

**History**
- *History: 1985 AACS; 1988 AACS; 1998 AACS; 2000 AACS; 2004 AACS; 2008 AACS; 2013 AACS;*

##### **Mich. Admin. Code R 299.9624** Rescinded {#sec-r-299.9624 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9624}

**History**
- *History: 1985 AACS; 1988 AACS; 2004 AACS.*

##### **Mich. Admin. Code R 299.9625** Rescinded {#sec-r-299.9625 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9625}

**History**
- *History: 1985 AACS; 2004 AACS.*

##### **Mich. Admin. Code R 299.9626** Rescinded {#sec-r-299.9626 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9626}

**History**
- *History: 1985 AACS; 1998 AACS; 2000 AACS; 2004 AACS.*

##### **Mich. Admin. Code R 299.9627** Land disposal restrictions {#sec-r-299.9627 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9627}

Rule 627. (1) The owner or operator of a treatment, storage, or disposal facility shall comply with the restrictions on land disposal contained in 40 CFR part 268.

(2) 40 CFR part 268 is are adopted by reference in R 299.11003. For purposes of adoption, the term "director" replaces the terms "administrator" and "assistant administrator," the term "R 299.9305, R 299.9306, and R 299.9307"replaces the term "§§262.15, 262.16, and 262.17," the term "part 6 of these rules" replaces the term "parts 264 and 265 of this chapter," and the term "part 2 of these rules" replaces the term "subparts C and D of part 261 of this chapter," except in 40 CFR 268.5, 268.6, 268.40(b), 268.42(b), and 268.44(a) to (g) and (i) to (o).

**History**
- *History: 1988 AACS; 1994 AACS; 2000 AACS; 2020 AACS.*

##### **Mich. Admin. Code R 299.9628** Requirements for miscellaneous units {#sec-r-299.9628 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9628}

Rule 628. (1) An owner or operator of a facility that treats, stores, or disposes of hazardous waste in miscellaneous units shall comply with the provisions of 40 CFR part 264, subpart X.

(2) Treatment of hazardous waste must not be allowed in an underground mine or cave.

(3) In addition to the requirements of 40 CFR part 264, subpart X, and all other applicable requirements of these rules, an owner or operator of a facility that stores or disposes of hazardous waste in an underground mine or cave shall design, operate, and maintain the facility throughout its active life and after closure to ensure all the following:

(a) Management of water so as to maintain the integrity of the mine or cave and protect human health and the environment.

(b) Proper transportation of waste from any surface operation to the final disposal or storage area in the mine or cave so as to prevent the release of a hazardous waste or hazardous waste constituent.

(c) Development of a waste placement map and maintenance of a daily log identifying waste placement locations and correlating those waste placement locations to surface property boundaries.

(d) That the mine or cave is not penetrated by drilling or otherwise adversely impacted by off-site activities.

(4) The provisions of 40 CFR part 264, subpart X, are adopted by reference in R 299.11003.

**History**
- *History: 1991 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 299.9629** Corrective action {#sec-r-299.9629 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9629}

Rule 629. (1) Owners or operators of facilities that treat, store, or dispose of hazardous waste shall conduct corrective action as necessary to protect the public health, safety, welfare, and the environment pursuant to a corrective action program approved by the director, unless otherwise specified in this rule. The corrective action program must be conducted as follows:

(a) Owners or operators of facilities that apply for, or have been issued, an operating license pursuant to part 111 shall institute corrective action for all releases of a contaminant from any waste management units at the facility, regardless of when the contaminant may have been placed in or released from the waste management unit.

(b) Owners or operators of facilities that are not included in subdivision (a) of this subrule and for which the owner or operator, or both, is or was subject to the interim status requirements defined in RCRA, except for facilities that have received formal written approval of the withdrawal of their EPA part A hazardous waste permit application from the director or the EPA, shall institute corrective action for all releases of hazardous waste from the facility, regardless of when the hazardous waste may have been placed in or released from the facility.

(2) Owners or operators shall implement corrective action beyond the facility boundary if the releases referenced in subrule (1) of this rule have or may have migrated, or otherwise have or may have been emitted, beyond the facility boundary, unless the owner or operator demonstrates, to the satisfaction of the director, that, despite the owner's or operator's best efforts, the owner or operator is unable to obtain the necessary permissions to undertake the actions. The owner or operator shall not be relieved of all responsibility to clean up a release that has migrated or been emitted beyond the facility boundary where offsite access is denied. Onsite measures to address the releases must be determined on a case-by-case basis. Assurances of financial responsibility for corrective action must be provided.

(3) The owners or operators that are required to establish a corrective action program pursuant to part 111 and these rules shall, at a minimum, do the following, as applicable:

(a) For facilities that are specified in subrule (1)(a) of this rule, the owner or operator, or both, shall take corrective action to ensure compliance with the groundwater protection standards, and, if necessary, other applicable environmental protection standards, established by the director. The director shall specify in an operating license, postclosure operating license, consent order, or other order, pursuant to this rule and R 299.9635 and R 299.9636, schedules of compliance for corrective action and assurances of financial responsibility for completing the corrective action and other requirements, including, any of the following:

(i) A list of the hazardous wastes and hazardous constituents. The list of hazardous constituents is identified pursuant to 40 CFR 264.93.

(ii) The groundwater protection standards that are expressed as concentration limits that are established pursuant to R 299.9612(1)(d) or as concentration limits established pursuant to part 31 or part 201, if the limits are not less stringent than allowed pursuant to RCRA.

(iii) The environmental protection standards that are necessary for the cleanup and protection of soil, surface water, sediments, and ambient and indoor air that are established pursuant to part 201 on the effective date of these rules if the limits are not less stringent than allowed pursuant to RCRA.

(iv) The compliance point or points at which the standards apply and at which monitoring must be conducted, which for groundwater are specified pursuant to 40 CFR 264.95.

(v) The compliance period, which for groundwater is specified pursuant to 40 CFR 264.96.

(vi) The restoration and mitigation measures that are necessary to mitigate damage to the natural resources of the state, including wildlife, fish, wetlands, or other ecosystems.

(b) For facilities that are specified in subrule (1)(b) of this rule, the owner or operator, or both, shall take corrective action to ensure compliance with the groundwater protection standards, and, if necessary, other applicable environmental protection standards, established by the director. The director shall specify in a consent order or other order, pursuant to this rule, R 299.9635, and R 299.9636, schedules of compliance for corrective action and assurances of financial responsibility for completing the corrective action and other requirements, including any of the following:

(i) A list of the hazardous wastes and hazardous waste constituents.

(ii) The groundwater protection standards that are expressed as concentration limits that are established pursuant to part 31 or part 201 if the limits are not less stringent than allowed pursuant to RCRA.

(iii) The environmental protection standards which are necessary for the cleanup and protection of soil, surface water, sediments, and ambient and indoor air that are established pursuant to part 201 on the effective date of these rules if the limits are not less stringent than allowed pursuant to RCRA.

(iv) The compliance point or points at which the standards apply and at which monitoring must be conducted.

(v) The compliance period.

(vi) The restoration and mitigation measures that are necessary to mitigate damage to the natural resources of the state, including wildlife, fish, wetlands, or other ecosystems.

(4) The owner or operator shall implement a corrective action program that prevents contaminants, hazardous wastes, or hazardous waste constituents, as provided for in subrule (1) of this rule, from exceeding their respective protection standards or concentration limits at the compliance point by removing the contaminants, hazardous wastes, or hazardous waste constituents or treating them in place.

(5) For facilities that are conducting a groundwater compliance monitoring program at the time an operating license, postclosure operating license, consent order, or other order is issued or entered, the owner or operator shall begin groundwater corrective action within a reasonable time period after the groundwater protection standard is exceeded. The director shall specify the time period in the operating license, postclosure operating license, consent order, or other order. If an operating license, postclosure operating license, consent order, or other order includes a groundwater corrective action program in addition to a compliance groundwater monitoring program the operating license, postclosure operating license, consent order, or other order must specify when the corrective action groundwater program will begin, and the corrective action groundwater program must operate in place of the compliance groundwater monitoring program.

(6) In conjunction with a groundwater corrective action program, the owner or operator shall establish and implement a groundwater monitoring program to demonstrate the effectiveness of the groundwater corrective action program. The monitoring program may be based on the requirements for a compliance groundwater monitoring program and must be as effective as that program in determining compliance with the groundwater protection standards specified in the operating license, postclosure operating license, consent order, or other order and in determining the success of a corrective action program pursuant to the provisions of subrule (8) of this rule, where appropriate. All wells installed to monitor, evaluate, or remediate groundwater must be constructed and abandoned in accordance with the well installation and well decommissioning procedures in ASTM standards D5092-04 and D5299-14, or a plan approved by the director.

(7) If there is an exceedance of a groundwater surface water interface standard based on acute or chronic toxicity and established pursuant to parts 31 and 201 at any of the groundwater surface water interface compliance monitoring wells required by these rules and approved by the department, then the owner or operator shall immediately do all the following:

(a) Provide the department with written notification of the exceedance within 7 days after obtaining knowledge and confirmation that the exceedance is occurring or within 30 days after the effective date of this rule, whichever is later.

(b) Within 60 days after the date on which the notice in subdivision (a) of this subrule is required, do 1 or more of the following, unless an extension of a submittal or implementation deadline is approved by the department. In reviewing extension requests, the department shall consider the progress of any corrective action to date, if site conditions inhibit corrective action implementation, if the extension would adversely impact surface water resources, and the nature and extent of the exceedances.

(i) Implement interim measures to prevent exceedances at the monitoring wells referenced in this subrule and submit to the department a proposal and schedule for completing corrective action to prevent a discharge that exceeds the standard.

(ii) Provide the department with written notification of the owner or operator's intent to propose another compliance monitoring point if one has yet not been approved by the department. The notification must include a schedule for submission of the proposal for department approval. The department may approve the schedule as submitted or direct reasonable modifications in the schedule. The proposal for another compliance monitoring point must include all the following:

(A) A demonstration that the proposed compliance monitoring points are more representative of the venting groundwater and allow a more accurate calculation of the discharge rate, in cubic feet per second, of that portion of the venting groundwater plume that exceeds, or is likely to exceed in the future, a groundwater surface water interface standard, than existing compliance monitoring wells.

(B) A demonstration that the locations where venting groundwater enters surface water have been comprehensively identified.

(C) A demonstration that the proposed compliance monitoring point allows for venting groundwater to be sampled before mixing with surface water.

(D) A demonstration that the proposed compliance monitoring point allows for reliable, representative monitoring of groundwater quality.

(E) Identification and documentation of the chemical, physical, or biological processes that result in the reduction of hazardous constituents between the original compliance monitoring wells required by these rules and the proposed compliance monitoring points.

(F) Consideration of changes in groundwater flow conditions so that samples collected from the proposed compliance monitoring point are representative of groundwater flowing to the surface water. The proposed compliance monitoring points may be located in a floodplain.

(G) Identification of any sentinel monitoring points that will be used in conjunction with the proposed compliance monitoring point to assure that any potential exceedance of an applicable water quality standard can be identified with sufficient notice to allow additional corrective action to be implemented that will prevent the exceedance. Sentinel monitoring points must include, at a minimum, the original compliance monitoring wells required by these rules.

(iii) Provide the department with written notification of the owner or operator's intent to propose a site-specific standard under section 20120a(2) of the act, MCL 324.20120a.

The notification must include a schedule for submission of the proposal for department approval. The department may approve the schedule as submitted or direct reasonable modifications in the schedule.

(c) If the owner or operator does not implement an effective corrective action; submit the notices, proposals, and schedules required in subdivision (b) of this subrule; or comply with the schedules established under subdivision (b) of this subrule; and no extension was approved by the department, the owner or operator shall continue implementation of interim measures to prevent the exceedance until another compliance monitoring point or site-specific standard is approved by the department, or if the proposal is not approved by the department, until a different corrective action is implemented to protect the surface water. If another compliance monitoring point was approved by the department before detection of the exceedance in that compliance monitoring point, corrective action must continue as long as there is a reasonable potential for an exceedance to occur, or until a different corrective action is implemented to protect the surface water. The owner or operator shall document the interim measures taken to prevent the exceedance and their effectiveness during the time that the department is reviewing a proposal. If the proposal required under subdivision (b)(ii) of this subrule does not adequately document the interim measures required to satisfy this rule, it must be considered incomplete, and the department shall not make a decision on the proposal.

(8) In addition to the other requirements of this rule, the owner or operator shall conduct a corrective action program to remove or treat in place any contaminants, hazardous wastes, and hazardous waste constituents, as provided for in subrule (1) of this rule, that exceed the groundwater protection standards or other environmental protection standards that are specified by the director as follows:

(a) Between the compliance points that are established pursuant to subrule (3)(a)(iv) and (b)(iv) of this rule and the downgradient property boundary and beyond the facility boundary in accordance with subrule (2) of this rule.

(b) Corrective action measures that are undertaken pursuant to this rule must identify the treatment zone and zone of engineering control and be initiated and completed within a reasonable time period considering the extent of contamination.

(c) Corrective action measures that are pursuant to this rule may be terminated once the environmental protection standards specified by the director in the facility operating license, postclosure operating license, consent order, or other order have been achieved for the required period.

(9) The owner or operator shall continue corrective action measures during the compliance period to the extent necessary to ensure that the environmental protection standards are not exceeded. If the owner or operator is conducting corrective action at the end of the compliance period, then corrective action must continue for as long as necessary to achieve compliance with the environmental protection standards. The owner or operator may terminate corrective action measures taken beyond the period equal to the active life of the waste management area, including the closure period, if the owner or operator can demonstrate that the environmental protection standards have been achieved for the required period.

(10) An owner or operator shall provide all environmental data to the director in electronic form within 60 days after the date of completion of the sampling or collection event, unless otherwise approved by the director.

(11) The owner or operator shall report, in writing, to the director, on the effectiveness of the corrective action program pursuant to the schedule specified in the operating license, postclosure operating license, consent order, or other order, but not less than annually.

(12) If an owner or operator determines that the corrective action program does not satisfy the requirements of these rules, the owner or operator shall, pursuant to the operating license, postclosure operating license, consent order, or other order, submit an application for a license modification or request a modification or termination of appropriate sections of any consent order or other order.

(13) The requirements of this rule do not apply to remediation waste management sites unless they are part of a facility subject to the licensing requirements under part 111 and these rules because the facility is also treating, storing, or disposing of hazardous wastes that are not remediation wastes.

2025 AACS.

**History**
- *History: 1994 AACS; 1996 AACS; 2000 AACS; 2004 AACS; 2008 AACS; 2013 AACS; 2017 AACS;*

##### **Mich. Admin. Code R 299.9630** Air emission standards for process vents {#sec-r-299.9630 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9630}

Rule 630. (1) Owners or operators of treatment, storage, or disposal facilities shall comply with the provisions of 40 CFR part 264, subpart AA.

(2) The provisions of 40 CFR part 264, subpart AA are adopted by reference in R 299.11003. For the purposes of this adoption, the word "director" replaces the words "regional administrator" and "administrator."

**History**
- *History: 1994 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 299.9631** Air emission standards for equipment leaks {#sec-r-299.9631 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9631}

Rule 631. (1) Owners or operators of treatment, storage, or disposal facilities shall comply with the provisions of 40 CFR part 264, subpart BB.

(2) The provisions of 40 CFR part 264, subpart BB are adopted by reference in R 299.11003. For the purposes of this adoption, the word "director" replaces the words "regional administrator" and "administrator."

**History**
- *History: 1994 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 299.9632** Drip pads {#sec-r-299.9632 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9632}

Rule 632. (1) Owners or operators of facilities that use new or existing drip pads to convey treated wood drippage, precipitation, or surface water run-off to an associated collection system shall comply with the provisions of 40 CFR part 264, subpart W.

(2) For this rule, existing drip pads are those constructed before December 6, 1990, and those for which the owner or operator had a design and had entered into binding financial or other agreements for construction before December 6, 1990. All other drip pads are new drip pads.

(3) The provisions of 40 CFR part 264, subpart W, are adopted by reference in R 299.11003. For the purposes of this adoption, the word "director" replaces the words "regional administrator" and "administrator."

**History**
- *History: 1994 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 299.9633** Hazardous waste treatment {#sec-r-299.9633 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9633}

Rule 633. An owner or operator of a facility that treats hazardous waste shall ensure that the treatment process will change the physical, chemical, or biological character or composition of the waste to do any of the following:

(a) Neutralize the waste.

(b) Recover energy or material resources from the waste.

(c) Render the waste nonhazardous, safer for handling or transport, amenable to recovery, amenable to storage, or reduced in volume.

(d) Chemically bind or render toxic constituents nonhazardous rather than only diluted.

**History**
- *History: 1996 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 299.9634** Air emission standards for tanks, surface impoundments, and containers {#sec-r-299.9634 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9634}

Rule 634. (1) Owners or operators of treatment, storage, or disposal facilities shall comply with the provisions of 40 CFR part 264, subpart CC.

(2) The provisions of 40 CFR part 264, subpart CC, are adopted by reference in R 299.11003. For the purposes of this adoption, the word "director" replaces the words "regional administrator" and "administrator."

**History**
- *History: 1998 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 299.9635** Corrective action management unit requirements {#sec-r-299.9635 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9635}

Rule 635. (1) Unless otherwise specified in this rule, corrective action management units are subject to all the requirements of this rule.

(2) Corrective action management units that were approved before April 22, 2002, or for which substantially complete applications or equivalents were submitted to the department on or before November 20, 2000, are subject to the requirements of this subrule. The waste, activities, and design associated with these grandfathered corrective action management units are not subject to subrules (3) to (20) of this rule provided the waste, activities, and design remain within the general scope of the corrective action management unit as approved. With respect to these grandfathered corrective action management units, the term corrective action management unit means an area within a facility that is used only for managing remediation wastes for implementing corrective action or cleanup at the facility. For implementing corrective action remedies under part 111 and these rules or implementing remedies at licensed facilities that are not subject to corrective action under part 111 and these rules, the director may designate in a license or enforceable document an area of a facility as a corrective action management unit. Corrective action management units must be located within the contiguous property under the control of the owner or operator where the wastes to be managed in the corrective action management unit originated. One or more corrective action management units may be designated at a facility.

(3) For implementing corrective action remedies under part 111 and these rules or implementing remedies at licensed facilities that are not subject to corrective action under part 111 and these rules, the director may designate in a license or enforceable document an area at a facility as a corrective action management unit. With respect to these corrective action management units, the term corrective action management unit means an area within a facility that is used only for managing corrective action management unit-eligible wastes for implementing corrective action or cleanup at the facility. A corrective action management unit must be located within the contiguous property under the control of the owner or operator where the wastes to be managed in the corrective action management unit originated. One or more corrective action management units may be designated at a facility.

(4) The director may prohibit, where appropriate, the placement of waste in a corrective action management unit if the director has or receives information that the waste has not been managed in compliance with applicable land disposal treatment standards of 40 CFR part 268 or applicable unit design requirements of part 6 of these rules, or that noncompliance with other applicable requirements of part 6 of these rules likely contributed to the release of the waste.

(5) The placement of bulk or noncontainerized liquid hazardous waste or free liquids contained in hazardous waste, whether or not sorbents have been added, in any corrective action management unit is prohibited except where the placement of the waste facilitates the remedy selected for the waste. The requirements in R 299.9619 for placement of containers holding free liquids in landfills apply to placement in a corrective action management unit except where the placement facilitates the remedy selected for the waste.

The placement of any liquid that is not a hazardous waste in a corrective action management unit is prohibited unless the placement facilitates the remedy selected for the waste or a demonstration is made pursuant to R 299.9619. The absence or presence of free liquids in either a containerized or a bulk waste must be determined pursuant to R 299.9619. Sorbents used to treat free liquids in corrective action management units must meet the requirements of R 299.9619.

(6) The placement of corrective action management unit-eligible wastes into or within a corrective action management unit does not constitute land disposal for part 111 or these rules.

(7) The consolidation or placement of corrective action management unit-eligible wastes into or within a corrective action management unit does not constitute the creation of a unit subject to the minimum technology requirements of these rules.

(8) The director may designate a hazardous waste management unit as a corrective action management unit or incorporate a hazardous waste management unit into a corrective action management unit provided both of the following requirements are met:

(a) The hazardous waste management unit is closed or the closure process under part 6 of these rules has been initiated.

(b) The inclusion of the hazardous waste management unit into the corrective action management unit will enhance the implementation of effective, protective, and reliable remedial actions for the facility.

(9) All the following requirements that applied to the hazardous waste management unit continue to apply to that portion of a corrective action management unit containing the hazardous waste management unit regardless of the designation of the hazardous waste management unit as a corrective action management unit or the incorporation of the hazardous waste management unit into a corrective action management unit:

(a) R 299.9612.

(b) R 299.9629.

(d) R 299.9613.

(e) 40 CFR part 265, subpart G.

(f) Part 7 of these rules.

(g) The unit-specific requirements of part 6 of these rules that applied to the hazardous waste management unit.

(10) In designating an area at a facility as a corrective action management unit the director shall ensure that the corrective action management unit meets all the following requirements:

(a) The corrective action management unit facilitates the implementation of reliable, effective, protective, and cost-effective remedies.

(b) The waste management activities associated with the corrective action management unit do not create unacceptable risks to humans or to the environment that result from exposure to hazardous wastes or hazardous constituents.

(c) The corrective action management unit contains only contaminated areas of the facility unless the inclusion of uncontaminated areas of the facility for managing corrective action management unit-eligible waste is more protective than management of the wastes at contaminated areas of the facility.

(d) Areas within the corrective action management unit where wastes will remain in place after closure of the unit are managed and contained so as to minimize future releases, to the extent practicable.

(e) The corrective action management unit expedites the timing of remedial activity implementation, when appropriate and practicable.

(f) The corrective action management unit enables the use, when appropriate, of treatment technologies to enhance the long-term effectiveness of the remedial actions by reducing the toxicity, mobility, or volume of wastes that will remain in place after closure of the unit.

(g) The corrective action management unit, to the extent practicable, minimizes the land area of the facility on which wastes will remain in place after closure of the unit.

(11) The owner or operator shall provide the director with sufficient information to enable the director to designate a corrective action management unit pursuant to the criteria specified in this rule. Information on all the following must be included unless it is not reasonably available:

(a) The origin of the waste and how it was subsequently managed, including a description of the timing and circumstances surrounding the disposal or release.

(b) Whether the waste was listed or identified as hazardous at the time of disposal or release.

(c) Whether the disposal or release of the waste occurred before or after the land disposal requirements of 40 CFR part 268 were in effect for the waste listing or characteristic.

(12) The director shall specify all the following information in the license or order for each corrective action management unit:

(a) The areal configuration of the corrective action management unit.

(b) Except as provided for in subrule (16) of this rule, the requirements for corrective action management unit-eligible waste management, including the specification of applicable design, operation, treatment, and closure requirements.

Except as provided in subrule (15) of this rule, corrective action management units that consist of new, replacement, or laterally expanded units must include a composite liner and a leachate collection system that is designed and constructed to maintain less than a 30centimeter depth of leachate over the liner. The composite liner system must consist of two components; the upper component must consist of a minimum 30 mil flexible membrane liner, and the lower component must consist of not less than a 2-foot layer of compacted soil with a hydraulic conductivity of not more than 1 x 10 -7 centimeters per second. Flexible membrane liner components consisting of high-density polyethylene must be not less than 60 mil thick and installed in direct and uniform contact with the compacted soil component. The director may approve alternate design requirements if the director determines either of the following:

(i) Alternate design and operating practices, together with location characteristics, must prevent the migration of any hazardous constituents into the groundwater or surface water not less than as effectively as the liner and leachate collection systems requirements specified in this subdivision.

(ii) The corrective action management unit is to be established in an area with existing significant levels of contamination, and an alternative design, including a design that does not include a liner, prevents migration from the unit that would exceed long-term remediation goals.

(d) The minimum treatment requirements. Unless the wastes will be placed in a corrective action management unit for storage or treatment only pursuant to subrule (15) of this rule, corrective action management unit-eligible wastes that, absent this rule, would be subject to the land disposal treatment standards of 40 CFR part 268, and that the director determines contain principal hazardous constituents, must be treated to the standards specified in this subdivision. Principal hazardous constituents are those constituents that the director determines pose a risk to human health and the environment substantially higher than the cleanup levels or goals at the site. Principal hazardous constituents include carcinogens that pose a potential direct risk from ingestion or inhalation at the site at or above 10 -3 , non-carcinogens that pose a potential direct risk from ingestion or inhalation an order of magnitude or greater over their reference dose, other constituents if the risks to human health and the environment posed by the potential migration of the constituents in the wastes to groundwater are substantially higher than the cleanup levels or goals at the site after considering constituent concentrations, and fate and transport characteristics under site conditions, and other constituents that pose a risk to human health and the environment substantially higher than the cleanup levels or goals at the site. The treatment standards for wastes placed in corrective action management units are as follows, unless the director adjusts the treatment level or method pursuant to subrule (13) of this rule:

(i) For non-metals, the treatment must achieve 90% reduction in total principal hazardous constituent concentrations.

(ii) For metals, the treatment must achieve 90% reduction in principle hazardous constituent concentrations as measured in leachate from the treated waste or media, and tested according to the toxicity characteristic leaching procedure, or 90% reduction in total constituent concentrations when a metal removal treatment technology is used. For metal bearing wastes for which metals removal treatment is not used, the director may specify a leaching test other than the toxicity characteristic leaching procedure to measure treatment effectiveness if the director determines that an alternative leach testing protocol is appropriate for use, and that the alternative more accurately reflects conditions at the site that affect leaching.

(iii) When treatment of any principal hazardous constituent to a 90% reduction standard would result in a concentration less than 10 times the universal treatment standard for that constituent as outlined in 40 CFR 268.48, treatment to achieve constituent concentrations less than 10 times the universal treatment standard is not required.

(iv) For waste exhibiting the hazardous characteristic of ignitability, corrosivity, or reactivity, the waste must also be treated to eliminate these characteristics.

(v) For debris, the debris must be treated pursuant to 40 CFR 268.45, or by methods or to levels established under paragraphs (i), (ii), (iii), and (iv) of this subdivision or subrule (13) of this rule, whichever the director determines is appropriate.

(e) The requirements for groundwater monitoring and corrective action as necessary to provide for all the following:

(i) The continued detection and characterization of the nature, extent, concentration, direction, and movement of existing releases of hazardous constituents in the groundwater from sources located within the corrective action management unit.

(ii) The detection and subsequent characterization of releases of hazardous constituents to the groundwater that may occur from areas of the corrective action management unit in which wastes will remain in place after closure of the unit.

(iii) The notification of the director and corrective action as necessary to protect human health and the environment for releases to groundwater from the corrective action management unit.

(f) Closure requirements as necessary to minimize the need for further maintenance and control, minimize, or eliminate, to the extent necessary to protect human health and the environment, for areas where wastes remain in place, postclosure escape of hazardous waste, hazardous constituents, leachate, contaminated runoff, or hazardous waste decomposition products to the ground, surface waters, or atmosphere. The requirements for closure must include all the following information as appropriate and deemed necessary by the director for a given corrective action management unit, after considering the characteristics of the unit, volume of wastes that will remain in place after closure, potential for releases from the corrective action management unit, physical and chemical characteristics of the wastes, hydrogeological and other relevant environmental conditions at the facility that may influence the migration of any potential or actual releases, and potential for exposure of humans and environmental receptors if releases were to occur from the unit:

(i) The requirements for excavation, removal, treatment, and containment of the wastes.

(ii) The requirements for removal and decontamination of equipment, devices, and structures used in corrective action management unit-eligible waste management activities within the corrective action management unit.

(iii) For areas in which wastes will remain in place after closure of the corrective action management unit, the requirements for capping these areas. If the waste remaining in the corrective action management unit after closure has constituent concentrations at or above remedial levels or goals applicable to the site, the unit must be provided with a final cover that is designed and constructed to meet the following performance criteria, unless the director determines that modifications to the requirements of this subparagraph are necessary to facilitate treatment or the performance of the unit:

(A) Provide long-term minimization of migration of liquids through the closed unit.

(B) Function with minimum maintenance.

(D) Accommodate settling and subsidence so that the cover's integrity is maintained.

(E) Have a permeability less than or equal to the permeability of any bottom liner system or natural subsoils present.

(g) The postclosure requirements as necessary to protect human health and the environment, including, for areas in which wastes will remain in place, monitoring and maintenance activities and the frequency at which the activities must be performed to ensure the integrity of any cap, final cover, or other containment system.

(13) The director may adjust the treatment level or method in subrule (12)(d) of this rule to a higher or lower level, based on 1 or more of the following factors, provided the adjusted level or method is protective of human health and the environment:

(a) The technical impractability of treatment to the levels or by the methods in subrule (12)(d) of this rule.

(b) The levels or methods in subrule (12)(d) of this rule would result in concentrations of principal hazardous constituents that are significantly above or below cleanup standards applicable to the site, established either site-specifically or promulgated under state or federal law.

(c) The views of the affected local community on the treatment levels or methods in subrule (12)(d) of this rule as applied at the site, and, for treatment levels, the treatment methods necessary to achieve these levels.

(d) The short-term risks presented by the on-site treatment method necessary to achieve the levels or treatment methods in subrule (12)(d) of this rule.

(e) The long-term protection offered by the engineering design of the corrective action management unit and related engineering controls where 1 of the following conditions are met:

(i) The treatment standards of subrule (12)(d) of this rule are substantially met and the principal hazardous constituents in the waste or residuals are of very low mobility.

(ii) Cost-effective treatment has been used and the corrective action management unit meets the liner and leachate collection requirements for new land disposal units in part 6 of these rules.

(iii) After review of appropriate treatment technologies, the director determines that cost-effective treatment is not reasonably available, and the corrective action management unit meets the liner and leachate collection requirements for new land disposal units in part 6 of these rules.

(iv) The cost-effective treatment has been used and the principal hazardous constituents in the treated wastes are of very low mobility.

(v) After review of the appropriate treatment technologies, the director determines that cost-effective treatment is not reasonably available, the principal hazardous constituents in the wastes are of very low mobility, and either the corrective action management unit meets or exceeds the liner standards for new, replacement, or laterally expanded corrective action management units in subrule (12)(c) of this rule, or the corrective action management unit provides substantially equivalent or greater protection.

(14) The treatment required by the treatment standards of this rule must be completed before, or within a reasonable time after, placement in the corrective action management unit. For determining whether wastes placed in corrective action management units have been treated to site-specific treatment standards and treatment completed, the director may, as appropriate, specify a subset of the principal hazardous constituents in the waste as analytical surrogates for determining whether treatment standards have been met for other principal hazardous constituents. This specification must be based on the degree of difficulty of treatment and analysis of constituents with similar treatment properties.

(15) Corrective action management units that are used for storage or treatment only are units in which waste will not remain after closure. These corrective action management units must be designated pursuant to all the requirements of this rule, except as follows:

(a) Corrective action management units that are used for storage or treatment only and that operate pursuant to the time limits established in 40 CFR 264.554(d)(1)(iii), (h), and (i), are subject to the requirements for staging piles in 40 CFR 264.554(d)(1)(i) and (ii), (d)(2), (e), (f), (j), and (k), which are adopted by reference in R 299.9638, instead of the performance standards and requirements for corrective action management units in subrules (10) and (12)(c) to (f) of this rule.

(b) Corrective action management units that are used for storage or treatment only and that do not operate pursuant to the time limits established in 40 CFR 264.554(d)(1)(iii), (h), and (i) must operate pursuant to a time limit established by the director, that is no longer than necessary to achieve a timely remedy selected for the waste and are subject to the requirements for staging piles in 40 CFR 264.554(d)(1)(i) and (ii), (d)(2), (e), (f), (j), and (k) instead of the performance standards and requirements for corrective action management units in subrules (10) and (12)(d) to (f) of this rule.

(16) Corrective action management units into which wastes are placed where all wastes have constituent levels at or below remedial levels or goals applicable to the site may comply with the requirements for liners in subrule (12)(c) of this rule, caps in subrule (12)(f)(iii) of this rule, groundwater monitoring requirements in subrule (12)(e) of this rule, or for treatment or storage corrective action management units, the design standards of subrule (15) of this rule.

(17) The director shall provide public notice and a reasonable opportunity for public comment before designating a corrective action management unit. The notice must include the rationale for any proposed adjustments under subrule (13) of this rule to the treatment standards in subrule (12)(d) of this rule.

(18) Notwithstanding other provisions of this rule, the director may impose additional requirements as necessary to protect human health and the environment.

(19) The incorporation of a corrective action management unit into an existing license must be approved by the director pursuant to R 299.9519 and R 299.9520.

(20) The designation of a corrective action management unit does not change the department's existing authority to address environmental protection standards, mediaspecific points of compliance to be applied to remediation at a facility, or other remedy selection decisions.

Editor's Note: An obvious error in R 299.9635 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Michigan Register, 2025 MR 8. The memorandum requesting the correction was published in Michigan Register, 2025 MR 13.

**History**
- *History: 2000 AACS; 2004 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 299.9636** Temporary unit requirements {#sec-r-299.9636 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9636}

Rule 636. (1) For implementing corrective action remedies under part 111 and these rules or implementing remedies at facilities that are not subject to corrective action under part 111 and these rules, the director may designate tank or container storage units used for the treatment or storage of remediation wastes as temporary units. A temporary unit must be located within the contiguous property under the control of the owner or operator where the wastes to be managed in the temporary unit originated. In establishing standards for temporary units, the director shall consider all the following factors:

(a) The length of time the unit will be in operation.

(b) The type of unit.

(d) The physical and chemical characteristics of the wastes to be managed in the unit.

(e) The potential for releases from the unit.

(f) The hydrogeological and other relevant environmental conditions at the facility that may influence the migration of any potential releases.

(g) The potential for exposure of humans and environmental receptors if a release were to occur from the unit.

(2) The director may allow the use of alternate design, operating, and closure standards for temporary units provided all the following requirements are met:

(a) The temporary unit is located within the facility boundary.

(b) The temporary unit is used only for the treatment or storage of remediation wastes.

(3) The director shall specify all the following information in the license or order for each temporary unit:

(a) The length of time a temporary unit will be allowed to operate must be not greater than 1 year.

(b) The design, operating, and closure requirements for the unit.

(4) The director may extend the operational period of the temporary unit 1 time, for a period of no longer than 1 year beyond the time period originally specified in the license or order, provided that all the following requirements are met:

(a) The continued operation of the unit will not pose a threat to human health and the environment.

(b) The continued operation of the unit is necessary to ensure timely and efficient implementation of remedial actions at the facility.

(5) The incorporation of a temporary unit or a time extension for a temporary unit into an existing license must be requested and approved by the director in accordance with R 299.9519 and R 299.9520.

(6) The director shall document the rationale for designating a temporary unit and for granting time extensions for temporary units and make the documentation available to the public.

**History**
- *History: 2000 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 299.9637** Hazardous waste munitions and explosives storage requirements {#sec-r-299.9637 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9637}

Rule 637. (1) Owners or operators of storage facilities that store munitions and explosive hazardous wastes shall comply with the requirements of 40 CFR part 264, subpart EE.

(2) The provisions of 40 CFR part 264, subpart EE, are adopted by reference in R 299.11003. For the purposes of this adoption, the word "director" replaces the words "regional administrator," the word "R 299.9607" replaces the words "40 C.F.R. part 264, subpart D," the word "R 299.9203(5)" replaces the words "40 C.F.R. §261.3(d)," the word "R 299.9613" replaces the words "40 C.F.R. part 264, subpart G," and the words "Part 7 of the rules promulgated pursuant to the act” replace the words "40 C.F.R. part 264, subpart H."

**History**
- *History: 2000 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 299.9638** Staging pile requirements {#sec-r-299.9638 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9638}

Rule 638. (1) Owners or operators of staging piles shall comply with the provisions of 40 CFR 264.554, except 264.554(l).

(2) Staging piles must be designated by the director in accordance with the requirements of 40 CFR 264.554.

(3) Owners or operators that wish to modify an order to incorporate a staging pile or a staging pile operating term extension shall follow the terms of the order and the applicable provisions of part 5 of these rules.

(4) The provisions of 40 CFR 264.554, except 264.554(l) are adopted by reference in R 299.11003. For the purposes of this adoption, the word “R 299.9212" replaces the words "§261.21 or §261.23."

**History**
- *History: 2000 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 299.9639** Disposal of corrective action management unit-eligible waste in hazardous waste landfills {#sec-r-299.9639 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9639}

Rule 639. (1) The director with regulatory oversight at the location where the cleanup is taking place may approve the placement of corrective action management unit-eligible waste in hazardous waste landfills not located at the site from which the waste originated, without the waste meeting the requirements of 40 CFR part 268, if all the following conditions are met:

(a) The waste meets the definition of corrective action management unit-eligible waste in R 299.9102.

(b) The director with regulatory oversight at the location where the cleanup is taking place identifies principal hazardous constituents in the wastes, pursuant to R 299.9635(12)(d), and requires that the principal hazardous constituents are treated to any of the following standards specified for corrective action management unit-eligible waste:

(i) The treatment standards in R 299.9635(12)(d).

(ii) The treatment standards adjusted pursuant to R 299.9635(13)(a), (c), (d), or (e)(i).

(iii) The treatment standards adjusted pursuant to R 299.9635(13)(e)(ii), where treatment has been used and that treatment significantly reduces the toxicity or mobility of the principal hazardous constituents in the waste, minimizing the short-term and long-term threat posed by the waste, including the threat at the remediation site.

(c) The hazardous waste landfill receiving the corrective action management uniteligible waste must meet all the following requirements:

(i) Have an operating license issued under part 111 and these rules or, if out-of-state, have a comparable enforceable mechanism issued under the regulations governing the receiving landfill.

(ii) Meet the requirements for new landfills in part 6 of these rules or, if out-of-state, meet comparable requirements in the regulations governing the receiving landfill.

(iii) Be authorized to accept corrective action management unit-eligible waste.

(2) The person seeking approval for disposal of corrective action management uniteligible waste shall provide sufficient information to enable the director with regulatory oversight at the location where the cleanup is taking place to approve placement of the waste pursuant to subrule (1) of this rule. The information required pursuant to R 299.9635(11) for corrective action management unit applications must be provided unless it is not reasonably available.

(3) The director with regulatory oversight at the location where the cleanup is taking place shall provide public notice and a reasonable opportunity for public comment before approving corrective action management unit-eligible waste for placement in an off-site licensed hazardous waste landfill, or, if out-of-state, in a hazardous waste landfill with a comparable enforceable mechanism issued under the governing regulations, consistent with the requirements for corrective action management unit approval in R 299.9635(17).

The approval must be specific to a single remediation.

(4) Applicable hazardous waste management requirements in part 6 of these rules, including recordkeeping requirements to demonstrate compliance with treatment standards approved under R 299.9635 and this rule, or, if out-of-state, comparable requirements, for corrective action management unit-eligible waste must be incorporated into the receiving facility license or, if out-of-state, the comparable enforceable mechanism through issuance or modification, providing notice and an opportunity for comment and a hearing. A landfill may not receive hazardous corrective action management unit-eligible waste under this rule unless its operating license or comparable enforceable mechanism specifically authorizes receipt of the waste.

(5) With respect to each remediation activity, corrective action management unit-eligible waste must not be placed in an off-site landfill authorized to receive the waste pursuant to subrule (4) of this rule until all the following conditions have been met:

(a) The owner or operator of the landfill notifies the director responsible for oversight of the landfill and persons on the facility mailing list of the owner or operator’s intent to receive corrective action management unit-eligible waste pursuant to this rule. The notice must identify the source of the remediation waste, the principal hazardous constituents in the waste, and the treatment requirements.

(b) Persons on the facility mailing list may provide comments, including objections to the receipt of the corrective action management unit-eligible waste, to the director within 15 days of notification.

(c) The director may object to the placement of the corrective action management unit-eligible waste in the landfill within 30 days of notification. The director may extend the review period an additional 30 days because of public concerns or insufficient information.

(d) Corrective action management unit-eligible wastes may not be placed in the landfill until the director has notified the facility owner or operator that he or she does not object to its placement.

(e) If the director objects to the placement or does not notify the facility owner or operator that the director has chosen not to object, the facility may not receive the waste until the objection has been resolved, or the owner or operator obtains an operating license or, if out-of-state, a comparable enforceable mechanism, modification in accordance with R 299.9519 or, if out-of-state, the governing requirements, specifically authorizing receipt of the waste.

(f) As part of the operating license or, if out-of-state, a comparable enforceable mechanism, issuance, or modification process in subrule (4) of this rule, the director may modify, reduce, or eliminate the notification requirements of this subrule as they apply to specific categories of corrective action management unit-eligible waste, based on minimal risk.

(6) Generators of corrective action management unit-eligible wastes sent off-site to a hazardous waste landfill under this rule shall comply with 40 CFR 268.7(a)(4).

(7) Off-site facilities treating corrective action management unit-eligible wastes to comply with this rule shall comply with the requirements of 40 CFR 268.7(a)(4), or if outof-state, the requirements governing the wastes, except that the certification must be with respect to the treatment requirements of subrule (1)(b) of this rule or, if out-of-state, the governing treatment requirements.

(8) For this rule only, the “design of the corrective action management unit” in R 299.9635(13)(e) means design of the licensed hazardous waste landfill.

**History**
- *History: 2004 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 299.9640** Options for incinerators, cement kilns, and lightweight aggregate kilns to minimize emissions from startup, shutdown, and malfunction events {#sec-r-299.9640 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9640}

Rule 640. (1) Owners and operators of licensed incinerators, cement kilns, lightweight aggregate kilns, solid fuel boilers, liquid fuel boilers, or hydrochloric acid production furnaces may request that the director address operating license conditions that minimize emissions from startup, shutdown, and malfunction events under any of the options in 40 CFR 270.235(a) when requesting removal of or operating license conditions that are no longer applicable according to R 299.9623(2) or R 299.9808(4).

(2) Owners and operators of interim status incinerators, cement kilns, lightweight aggregate kilns, solid fuel boilers, liquid fuel boilers, or hydrochloric acid production furnaces operating under parts 6 and 8 of these rules may control emissions of toxic compounds during startup, shutdown, and malfunction events under either of the following options after conducting a comprehensive performance test and submitting to the director a notification of compliance documenting compliance with 40 CFR part 63, subpart EEE:

(a) The owner or operator continues to comply with the emission standards and operating requirements of parts 6 and 8 of these rules relevant to control of emissions from startup, shutdown, and malfunction events. Those standards and requirements only apply during startup, shutdown, and malfunction events.

(b) The owner or operator is exempt from the standards of parts 6 and 8 of these rules relevant to control of emissions of toxic compounds during startup, shutdown, and malfunction events on submission of written notification and documentation to the director that the startup, shutdown, and malfunction plan required pursuant to 40 CFR 63.1206(c)(2) has been approved by the department pursuant to 40 CFR 63.1206(c)(2)(ii).

(3) When an owner or operator of an interim status incinerator, cement kiln, or lightweight kiln operating under parts 6 and 8 of these rules submits an operating license application to the director, the owner or operator may request that the director control emissions from startup, shutdown, and malfunction events under subrule (1) of this rule.

(4) Hazardous waste incinerators, cement kilns, lightweight aggregate kilns, solid fuel boilers, liquid fuel boilers, or hydrochloric acid production furnaces that become subject to the licensing requirements of these rules after October 12, 2005, must control emissions of toxic compounds during startup, shutdown, and malfunction events in accordance with 40 CFR 270.235(c).

(5) The provisions of 40 CFR 270.235(a) and (c) are adopted by reference in R 299.11003. For the purposes of this adoption, the word "permit" means "operating license," and references to "264.340(b)" means "R 299.9623(2)," "266.100(b)" means "R 299.9808(4)," and "270.41(a)" and "270.42" means "R 299.9519."

PART 7. FINANCIAL CAPABILITY

**History**
- *History: 2004 AACS; 2008 AACS; 2013 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 299.9701** Applicability; definitions {#sec-r-299.9701 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9701}

Rule 701. (1) Except as specified in subrule (2) of this rule, the requirements of this part apply to all facilities that treat, store, or dispose of hazardous waste or that accepted hazardous waste for disposal after November 19, 1980.

(2) States and the federal government are exempt from the requirements of this part.

(3) The definitions of terms contained in the provisions of 40 CFR 264.141 are adopted by reference in R 299.11003.

**History**
- *History: 1985 AACS; 1989 AACS; 1998 AACS; 2000 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 299.9702** Cost estimate for closure and postclosure care {#sec-r-299.9702 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9702}

Rule 702. (1) The owner or operator shall comply with the requirements of 40 CFR 264.142 and 264.144 regarding written cost estimates for closure and postclosure care.

(2) The provisions of 40 CFR 264.142 and 264.144 are adopted by reference in R 299.11003.

**History**
- *History: 1985 AACS; 1988 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 299.9703** Financial assurance for closure and postclosure care {#sec-r-299.9703 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9703}

Rule 703. (1) The owner or operator of each facility shall establish financial assurance for closure of the facility by utilizing the options specified in R 299.9704 to R 299.9709.

The owner or operator of each disposal facility shall establish financial assurance for postclosure care of the facility utilizing the options specified in R 299.9704 to R 299.9709.

An owner or operator of a new facility shall submit these documents to the director or the director’s designee not less than 60 days before the date on that hazardous waste is first received for treatment, storage, or disposal. An owner or operator shall submit all revisions and renewals of the documents to the director within 60 days after the revision or renewal.

(2) An owner or operator may satisfy the requirements of this rule by establishing more than 1 financial mechanism per facility. These mechanisms are limited to trust funds, surety bonds, letters of credit, certificates of deposit and time deposit accounts, and insurance.

The mechanisms must be as specified in this part, except that it is the combination of mechanisms, rather than the single mechanism, that provide financial assurance for an amount not less than equal to the current closure and postclosure cost estimate. The director may use any or all the mechanisms to provide for closure and postclosure care of the facility.

(3) An owner or operator may use a financial assurance mechanism specified in this part to meet the requirements of this rule for more than 1 facility. Evidence of financial assurance submitted to the director must include a list showing, for each facility, the site identification number, name, address, and the amount of funds for closure and postclosure assured by the mechanism. If the facilities covered by the mechanism are in more than 1 EPA region, identical evidence of financial assurance must be submitted to, and maintained with, the regional administrators of all the EPA regions. The amount of funds available through the mechanism must be not less than the sum of funds that would be available if a separate mechanism had been established and maintained for each facility.

In directing funds available through the mechanism for closure and postclosure care of any of the facilities covered by the mechanism, the director may direct only the amount of funds designated for that facility, unless the owner or operator agrees to the use of additional funds available under the mechanism.

(4) An owner or operator may satisfy the requirements for financial assurance for both closure and postclosure care for one or more facilities by using a trust fund, surety bond, letter of credit, certificate of deposit and time deposit account, or insurance that meets the requirements of this part for both closure and postclosure care. The amount of funds available through the mechanism must not be less than the sum of funds that would be available if a separate mechanism had been established and maintained for financial assurance of closure and of postclosure care.

(5) Within 60 days after receiving certifications from the owner or operator and an independent registered professional engineer that closure has been accomplished in accordance with the closure plan, or that the postclosure care period has been completed for a hazardous waste disposal unit in accordance with the approved postclosure plan, the director shall notify the owner or operator, in writing, that the owner or operator is no longer required by this rule to maintain financial assurance for closure of the particular facility or postclosure care of the particular unit, unless the director has reason to believe that closure or postclosure care has not been in accordance with the approved plan. The director shall provide the owner or operator with a detailed written statement of any reason to believe that closure or postclosure care has not been in accordance with the approved plan.

(6) An owner or operator must notify the director, by certified mail, of the commencement of a voluntary or involuntary proceeding under the provisions of the bankruptcy reform act of 1978, Public Law 95-598, naming the owner or operator as debtor, within 10 days after commencement of the proceeding.

(7) An owner or operator that fulfills the requirements of this rule by obtaining a trust fund, surety bond, letter of credit, certificate of deposit or time deposit account, or insurance policy is without the required financial assurance or liability coverage in the event of bankruptcy of the trustee or issuing institution, a suspension or revocation of the authority of the trustee institution to act as trustee, or a suspension or revocation of the authority of the institution issuing the surety bond, letter of credit, certificate of deposit or time deposit account, or insurance policy to issue the instruments. The owner or operator shall establish other financial assurance or liability coverage within 60 days after an event.

(8) The director may replace all or part of the requirements of this rule with alternative requirements for financial assurance if the director does all the following:

(a) Prescribes alternative requirements for the hazardous waste management unit under 40 CFR 264.90(f) or 264.110(c), or both, or 265.90(f) or 265.110(d), or both.

(b) Determines that it is not necessary to apply the requirements of this rule because the alternative financial assurance requirements protect human health and the environment.

(9) The provisions of 40 CFR 264.90(f), 264.110(c), 265.90(f), and 265.110(d) are adopted by reference in R 299.11003.

**History**
- *History: 1985 AACS; 1988 AACS; 1998 AACS; 2000 AACS; 2004 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 299.9704** Trust fund {#sec-r-299.9704 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9704}

Rule 704. (1) An owner or operator may satisfy the financial assurance requirements of R 299.9703 by establishing a trust fund for closure or postclosure, or both, that conforms to the requirements of this rule. The trustee shall be a bank or other financial institution that has the authority to act as a trustee and whose trust operations are regulated and examined by a federal or state agency, and the trust agreement must be executed on a form approved by the director.

(2) The trust fund must be funded at 100% of the closure and postclosure cost estimate approved at the time of execution. Additional payments to the trust fund must be made by the owner or operator to maintain 100% funding when the closure or postclosure cost estimates, or both, are increased.

(3) If the value of the trust fund is more than the total amount of the current closure or postclosure cost estimate, or both, the owner or operator may submit a written request to the director for release of the amount in excess of the current closure or postclosure cost estimate.

(4) If an owner or operator substitutes other financial assurance, as specified in this part, for all or part of the trust fund, the owner or operator may submit a written request to the director for release of the amount in excess of the current closure or postclosure cost estimate covered by the trust fund.

(5) Within 60 days after receiving a request from the owner or operator for release of funds as specified in subrules (3) or (4) of this rule, the director shall instruct the trustee to release to the owner or operator the funds as the director specifies in writing.

(6) After beginning partial or final closure, an owner or operator or another person authorized to perform closure, partial closure, or postclosure care may request reimbursements for closure, partial closure, or postclosure expenditures by submitting itemized bills to the director. The owner or operator may request reimbursement for partial closure only if sufficient funds remain in the trust fund to cover the maximum costs of closing the facility over its remaining operating life. Within 60 days after receiving bills for closure, partial closure, or postclosure care activities, the director shall determine whether the closure, partial closure, or postclosure care expenditures, or both, are in accordance with the closure plan or otherwise justified, and, if so, the director shall instruct the trustee to make reimbursement in the amounts as the director specifies in writing. If the director does not instruct the trustee to make the reimbursements, the director shall provide the owner or operator with a detailed written statement of reasons.

(7) If the director has reason to believe that the cost of closure or postclosure care, or both, will be significantly more than the value of the trust fund, the director may withhold reimbursement of the amounts as the director determines prudent until the director determines, in accordance with R 299.9703(6), that the owner or operator is no longer required to maintain financial assurance for closure or postclosure care, or both.

(8) During the period of postclosure care, the director may approve a release of funds if the owner or operator demonstrates to the director that the value of the trust fund exceeds the remaining cost of postclosure care.

(9) The director shall agree to termination of the trust when an owner or operator substitutes alternate financial assurance as specified in this part and the director releases the owner or operator from the requirements of this part in accordance with R 299.9703(5).

(10) If the director issues a notice of violation or other order to the owner or operator alleging violation of closure or postclosure requirements, or both, the director may, after providing the owner or operator 7 days notice and opportunity for hearing, access the funds in the trust to correct the violations, complete closure, and maintain the facility in accordance with the approved plans.

**History**
- *History: 1985 AACS; 1988 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 299.9705** Surety bond guaranteeing performance of closure and/or postclosure care {#sec-r-299.9705 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9705}

Rule 705. (1) An owner or operator may satisfy the financial assurance requirements of R 299.9703 by obtaining a surety bond that is executed on a form approved by the director and conforms to the requirements of this rule. The surety company issuing the bond shall, at a minimum, satisfy both of the following requirements:

(a) The surety company shall be among those listed as acceptable sureties on federal bonds in circular 570 of the United States Department of the Treasury.

(b) The surety company shall be independent, separate, and unrelated to the owner or operator.

(2) The bond must guarantee that the owner or operator will do either of the following:

(a) Perform final closure or postclosure care in accordance with the closure or postclosure plan and other requirements of the operating license for the facility when required to do so.

(b) Within 90 days after receipt by both the owner or operator and the director of a notice of cancellation of the bond from the surety, provide alternate financial assurance as specified in this part and obtain the director's written approval of the assurance provided.

(3) Under the terms of the bond, the surety shall become liable on the bond obligation under the following circumstances:

(a) When the owner or operator fails to perform as guaranteed by the bond.

(b) Following issuance of a notice of violation or other order by the director alleging that the owner or operator has failed to perform final closure or postclosure care, or both, in accordance with the closure and postclosure plans and other operating license requirements when required to do so and after providing the owner or operator 7 days notice and an opportunity for a hearing.

(4) The penal sum of the bond must be in an amount not less than the current closure and postclosure cost estimates.

(5) When the current closure or postclosure cost estimate, or both, increases to an amount more than the penal sum, the owner or operator, within 60 days after the increase, shall either cause the penal sum to be increased to an amount not less than the current closure or postclosure cost estimate, or both, and submit evidence of the increase to the director or obtain other financial assurance as specified in this part. When the current closure or postclosure cost estimate decreases, the penal sum may be reduced to the amount of the current closure or postclosure cost estimate following written approval by the director.

(6) Under the terms of the bond, the surety may cancel the bond by sending notice of cancellation, by certified mail, to the owner or operator and to the director. Cancellation must not occur, however, during the 120 days beginning on the date of receipt of the notice of cancellation by both the owner or operator and the director, as evidenced by the return receipts.

(7) The owner or operator may cancel the bond if the director has given prior written consent. The director shall provide written consent when either of the following occurs:

(a) An owner or operator substitutes alternate financial assurance as specified in this part.

(b) The director releases the owner or operator from the requirements of this part in accordance with R 299.9703(5).

(8) The surety shall not be liable for deficiencies in the performance of closure or postclosure care, or both, by the owner or operator after the director releases the owner or operator from the requirements of this part in accordance with R 299.9703(5).

(9) On receipt of a notice of cancellation of the bond from the surety, the owner or operator shall obtain alternate financial assurance approved by the director within 60 days.

If the owner or operator fails to so provide, the director may issue a notice of violation or other order rendering the surety liable on the bond obligation.

**History**
- *History: 1985 AACS; 2008 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 299.9706** Letter of credit {#sec-r-299.9706 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9706}

Rule 706. (1) An owner or operator may satisfy the requirements of this part by obtaining an irrevocable letter of credit that conforms to the requirements of this rule and is executed on a form approved by the director. The issuing institution shall be a bank or financial institution that has the authority to issue letters of credit and whose letter of credit operations are regulated and examined by a federal or state agency.

(2) The letter of credit must include all the following information:

(a) The site identification number.

(b) Name and address of the facility.

(3) The letter of credit must be irrevocable and issued for a period of not less than 1 year.

The letter of credit must provide that the expiration date will be automatically extended for a period of not less than 1 year unless, not less than 120 days before the current expiration date, the issuing institution notifies both the owner or operator and the director by certified mail of a decision not to extend the expiration date. Under the terms of the letter of credit, the 120 days begin on the date when both the owner or operator and the director have received the notice, as evidenced by the return receipts.

(4) The letter of credit must be issued in an amount equal to the current closure or postclosure cost estimate, or both, except as provided in R 299.9703(2).

(5) When the current closure or postclosure cost estimate, or both, increases to an amount more than the amount of the credit, the owner or operator, within 60 days after the increase, shall either cause the amount of the credit to be increased so that it is not less than the current closure or postclosure cost estimate and submit evidence of the increase to the director or obtain other financial assurance as specified in this part to cover the increase.

When the current closure or postclosure cost estimate decreases, the amount of the credit may be reduced to the amount of the current closure or postclosure cost estimate following written approval by the director.

(6) The director may draw on the letter of credit to correct violations, complete closure, and maintain the facility pursuant to approved plans after doing both of the following:

(a) Issuing a notice of violation or other order to the owner or operation that alleges that the owner or operator has failed to perform final closure or postclosure care, or both, pursuant to the closure and postclosure plans and other license requirements when required.

(b) Providing the owner or operator with 7 days notice and opportunity for hearing.

(7) If the owner or operator does not establish alternate financial assurance as specified in this part and obtain written approval of the alternate assurance from the director within 90 days after receipt by both the owner or operator and the director of a notice from the issuing institution that it has decided not to extend the letter of credit beyond the current expiration date, then the director shall draw on the letter of credit. The director may delay the drawing if the issuing institution grants an extension of the term of the credit. During the last 30 days of the extension, the director shall draw on the letter of credit if the owner or operator has failed to provide alternate financial assurance as specified in this part and obtain written approval of the assurance from the director.

(8) The director shall return the letter of credit to the issuing institution for termination when either of the following occurs:

(a) An owner or operator substitutes alternate financial assurance as specified in this part.

(b) The director releases the owner or operator from the requirements of this part pursuant to R 299.9703(5).

**History**
- *History: 1985 AACS; 2000 AACS; 2004 AACS; 2013 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 299.9707** Certificate of deposit or time deposit account {#sec-r-299.9707 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9707}

Rule 707. (1) An owner or operator may satisfy the requirements of R 299.9703 by placing funds in the amount of the current approved closure or postclosure cost estimate in an insured, negotiable certificate of deposit or time deposit account held by a bank or other financial institution regulated and examined by a federal or state agency. The value of the certificate of deposit or time deposit account must be fully insured by an agency of the United States government, unless otherwise approved by the director.

(2) The certificate or account must be in the sole name of the director with a maturity of not less than 6 months.

(3) The owner or operator shall execute an agreement with the director that identifies the reasons for which the director may cash the certificate of deposit or time deposit account.

The agreement must be executed on a form approved by the director.

(4) A certificate or time deposit account of less than a 1year maturity must provide for automatic renewal. An owner or operator shall renew or replace a certificate of deposit or time deposit account of 1 year or more not less than 60 days before the maturity date.

(5) The certificate of deposit or time deposit account must be issued in an amount not less than the current approved closure or postclosure cost estimate, except when used with other mechanisms as provided in R 299.9703(2).

(6) When the current approved closure or postclosure cost estimate increases to an amount more than the value of the certificate of deposit or time deposit account, the owner or operator, within 60 days after the increase is approved or issued by the director, shall either cause the amount of the certificate of deposit or time deposit account to be increased so that it not less than the current approved closure or postclosure cost estimate and submit evidence of the increase to the director or obtain other financial assurance as specified in this part to cover the increase. During the period of postclosure care, the director may approve a decrease in the amount of the certificate of deposit or time deposit account if the owner or operator demonstrates to the director that the amount exceeds the remaining cost of postclosure care after inflation is considered.

(7) The director may cash the certificate of deposit or withdraw funds from the time deposit account to correct the violations, complete closure, and maintain the facility in accordance with the approved plans after doing both of the following:

(a) Issuing a notice of violation or other order to the owner or operator that alleges that the owner or operator has failed to perform closure or postclosure care in accordance with the closure or postclosure plan or other license requirements.

(b) Providing the owner or operator 7 days notice and opportunity for hearing.

(8) If the owner or operator elects not to continue the use of the certificate of deposit or time deposit account to provide financial assurance as required, or any portion thereof, the owner or operator shall provide acceptable financial assurance to the director 60 days before the maturity date of the certificate of deposit or time deposit account. If the owner or operator fails to so provide, the director may cash the certificate of deposit or time deposit account and place the funds in a state treasury account. The director may release the funds to the owner or operator when the owner or operator provides acceptable replacement financial assurance.

(9) The director shall release funds held in a certificate of deposit or time deposit account to the owner or operator when the owner or operator substitutes alternate financial assurance as specified in this part or the director releases the owner or operator from the requirements of this part in accordance with R 299.9703(5).

**History**
- *History: 1985 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 299.9708** Closure or postclosure insurance {#sec-r-299.9708 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9708}

Rule 708. (1) An owner or operator may satisfy the requirements of R 299.9703 by obtaining closure or postclosure insurance, or both, which conforms to the requirements of this rule and by submitting both of the following to the director:

(a) A certificate of insurance that uses wording approved by the director.

(b) A certified true and complete copy of the insurance policy.

(2) An owner or operator of a new facility shall submit the certificate of insurance and insurance policy to the director not less than 60 days before the date on which hazardous waste is first received for treatment, storage, or disposal. The insurance must be effective before this initial receipt of hazardous waste.

(3) The insurer shall satisfy all the following requirements:

(a) The insurer shall be licensed to transact the business of insurance, or eligible to provide insurance as an excess or surplus lines insurer, in this state.

(b) The insurer shall have a minimum of $7,000,000.00 of unimpaired surplus funds.

(c) The insurer shall assume financial responsibility for the accepted risk, pursuant to the terms of the policy, using its own pool of resources that is independent, separate, and unrelated to that of the owner or operator.

(4) The closure or postclosure insurance policy must be issued for a face amount not less than the current closure or postclosure cost estimate, except as provided in R 299.9703(2).

Actual payments by the insurer must not change the face amount, although the insurer's future liability will be lowered by the amount of the payments.

(5) The closure insurance policy must guarantee that funds will be available to close the facility when final closure occurs. The postclosure insurance policy must guarantee that funds will be available to provide postclosure care of the facility when the postclosure period begins. The policy must also guarantee that, once final closure begins, the insurer will be responsible for paying out funds, up to an amount equal to the face amount of the policy, on the direction of the director, to the person or persons as the director specified.

(6) After beginning partial or final closure, an owner or operator or another person authorized to perform closure or postclosure care may request reimbursements for closure or postclosure expenditures by submitting itemized bills to the director. The owner or operator may request reimbursements for partial closure only if the remaining value of the policy is sufficient to cover the maximum costs of closing the facility over its remaining operating life. Within 60 days after receiving bills for closure or postclosure activities, the director shall determine if the expenditures are in accordance with the closure or postclosure plan or otherwise justified, and, if so, the director shall instruct the insurer to make reimbursement in the amounts the director specified in writing. If the director has reason to believe that the maximum cost of closure over the remaining life of the facility will be significantly more than the face amount of the policy, the director may withhold reimbursement of the amounts as the director determines prudent until the director determines, in accordance with R 299.9703(5), that the owner or operator is no longer required to maintain financial assurance for closure of the facility. If the director does not instruct the insurer to make the reimbursements, then the director shall provide the owner or operator with a detailed written statement of reasons.

(7) The owner or operator shall maintain the policy in full force and effect until the director consents to termination of the policy by the owner or operator as specified in subrule (12) of this rule. In addition, failure to pay the premium without substitution of alternate financial assurance as specified in this part constitutes a significant violation of these rules and warrants other remedies as the director determines necessary. The violation begins on receipt, by the director, of a notice of future cancellation, termination, or failure to renew due to nonpayment of the premium, rather than upon the date of expiration.

(8) Each policy must contain a provision allowing assignment of the policy to a successor owner or operator. The assignment may be conditional on consent of the insurer if the consent is not unreasonably refused.

(9) The policy must provide that the insurer shall not cancel, terminate, or fail to renew the policy except for failure to pay the premium. The automatic renewal of the policy must, at a minimum, provide the insured with the option of renewal at the face amount of the expiring policy. If there is a failure to pay the premium, then the insurer may elect to cancel, terminate, or fail to renew the policy by sending notice, by certified mail, to the owner or operator and the director. The policy must unconditionally provide for all the following:

(a) If the owner or operator fails to renew the policy or provide alternate financial assurance as approved by the director not less than 60 days before the expiration date of the policy, then the insurer shall immediately pay, to the director, the full amount of closure and postclosure coverage under the policy if requested, in writing, by the director before the expiration date of the policy.

(b) Cancellation, termination, or failure to renew must not occur during the 120 days beginning with the date of receipt of the notice by both the director and the owner or operator, as evidenced by the return receipts.

(c) Cancellation, termination, or failure to renew must not occur, and the policy must remain in full force and effect, if, on or before the date of expiration, any of the following occurs:

(i) The director determines that the facility is abandoned.

(ii) The operating license is terminated or revoked, or a new operating license is denied.

(iii) Closure is ordered by the director, or a United States district court or other court of competent jurisdiction.

(iv) The owner or operator is named as debtor in a voluntary or involuntary proceeding under the provisions of the bankruptcy reform act of 1978, Public Law 95-598.

(v) The premium due is paid.

(10) The policy must unconditionally provide that the insurer shall, after the hearing, immediately pay to the director any amount requested by the director up to the full value of the appropriate closure or postclosure policy to correct the closure or postclosure violations following issuance of a notice of violation or other order by the director that does both of the following:

(a) Alleges that the owner or operator has failed to perform closure or postclosure care, or both, in accordance with the closure plan, postclosure plan, or other requirements of part 111, these rules, or the operating license.

(b) Provides 7 days notice and opportunity for hearing.

(11) If the current closure or postclosure cost estimate increases to an amount more than the face amount of the policy, then the owner or operator, within 60 days after the increase, shall either cause the face amount to be increased to an amount not less than the current closure or postclosure cost estimate and submit evidence of the increase to the director or obtain other financial assurance as specified in this part to cover the increase. If the current closure or postclosure cost estimate decreases, then the face amount may be reduced to the amount of the current closure or postclosure cost estimate following written approval by the director.

(12) The director shall give written consent to the owner or operator that the owner or operator may terminate the insurance policy when either of the following occurs:

(a) An owner or operator substitutes alternate financial assurance as specified in this rule.

(b) The director releases the owner or operator from the requirements of this part in accordance with R 299.9703(5).

**History**
- *History: 1985 AACS; 1988 AACS; 1998 AACS; 2000 AACS; 2013 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 299.9709** Financial test and corporate guarantee for closure or postclosure {#sec-r-299.9709 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9709}

Rule 709. (1) An owner or operator may satisfy the requirements of this part by demonstrating that the owner or operator passes a financial test as specified in this rule. To pass this test, the owner or operator shall meet the criteria of 1 of the following:

(a) The owner or operator shall have all the following:

(i) Two of the following 3 ratios:

(A) A ratio of total liabilities to net worth less than 2.0.

(B) A ratio of the sum of net income plus depreciation, depletion, and amortization to total liabilities of more than 0.1.

(ii) Net working capital and tangible net worth each not less than 6 times the sum of the current closure and postclosure cost estimates and other obligations covered by a financial test.

(iii) Tangible net worth of not less than $10,000,000.00.

(iv) Assets in the United States amounting to not less than 90% of the owner's or operator's total assets or not less than 6 times the sum of the current closure and postclosure cost estimates and other obligations covered by a financial test.

(v) Total assets in this state of not less than $50,000,000.00, excluding the value of any land used for hazardous waste disposal or have total assets in this state that are not less than 6 times the sum of the approved closure and postclosure cost estimates for facilities subject to these rules, whichever is larger.

(b) The owner or operator shall have all the following:

(i) A current rating for its senior unsecured debt of AAA, AA, A, or BBB, as issued by Standard and Poor's, or Aaa, Aa, A, or Baa as issued by Moody's.

(ii) Tangible net worth not less than 6 times the sum of the current closure and postclosure cost estimates and other obligations covered by a financial test.

(iii) Tangible net worth of not less than $10,000,000.00.

(iv) Assets located in the United States amounting to not less than 90% of the owner's or operator's total assets or not less than 6 times the sum of the current closure and postclosure cost estimates and any other obligations covered by a financial test.

(v) Have total assets in this state of not less than $50,000,000.00, excluding the value of any land used for hazardous waste disposal, or have total assets in this state that are not less than 6 times the sum of the approved closure and postclosure cost estimates for facilities subject to these rules, whichever is larger.

(2) The phrase "current closure and postclosure cost estimates," as used in subrule (1) of this rule, means the cost estimates required under R 299.9702 and equivalent or substantially equivalent federal or state regulations. The phrase "other obligations covered by a financial test," as used in subrule (1) of this rule, means the financial assurance for solid waste management facilities under part 115 and equivalent or substantially equivalent federal or state regulations, the financial assurance for injection wells under 40 CFR part 144, the financial assurance for underground storage tanks under 40 CFR part 280 and equivalent or substantially equivalent state regulations, the financial assurance for polychlorinated biphenol facilities regulated under 40 CFR part 761 and equivalent or substantially equivalent state regulations, the financial assurance for remediation costs under part 201 and equivalent federal or state regulations, and the financial assurance for corrective action under R 299.9713 and equivalent or substantially equivalent federal or state regulations.

(3) To demonstrate that the owner or operator meets this test, the owner or operator shall submit all the following items to the director:

(a) A letter signed by the owner or operator's chief financial officer and worded as specified by the director.

(b) A copy of the independent certified public accountant's report on examination of the owner's or operator's financial statements for the latest completed fiscal year.

(c) A special report from the owner's or operator's independent certified public accountant to the owner or operator on comparison of the data presented in the chief financial officer's letter to the independently audited, year-end financial statements. The special report must describe the agreed-upon procedures performed and related findings, including if there were any discrepancies found.

(4) An owner or operator of a new facility shall submit the items specified in subrule (3) of this rule to the director not less than 60 days before the date on which hazardous waste is first received for treatment, storage, or disposal.

(5) After the initial submission of the items specified in subrule (3) of this rule, the owner or operator shall send updated information to the director within 90 days after the close of each succeeding fiscal year. This information must consist of all items specified in subrule (3) of this rule.

(6) If the owner or operator no longer meets the requirements of subrule (1) of this rule, the owner or operator shall send notice to the director of the intent to establish alternate financial assurance as specified in this part. The notice must be sent, by certified mail, within 90 days after the end of the fiscal year for which the yearend financial data show that the owner or operator no longer meets the requirements. The owner or operator shall provide the alternate financial assurance within 120 days after the end of the fiscal year.

(7) The director may, based on a reasonable belief that the owner or operator might no longer meet the requirements of subrule (1) of this rule, require reports of financial condition at any time from the owner or operator in addition to that information required of the owner or operator in subrule (3) of this rule. If the director finds, on the basis of the reports or other information, that the owner or operator no longer meets the requirements of subrule (1) of this rule, the owner or operator shall provide alternate financial assurance as specified in this part within 30 days after notification of a finding.

(8) The director may disallow use of a financial test to meet the requirements of this part on the basis of qualifications in the opinion expressed by the independent certified public accountant in the report on examination of the owner’s or operator's financial statements.

An adverse opinion or a disclaimer of opinion shall be cause for disallowance. The director shall evaluate other qualifications on an individual basis. The owner or operator shall provide alternate financial assurance as specified in this rule within 30 days after notification of the disallowance.

(9) The owner or operator is no longer required to submit the items specified in subrule (3) of this rule when one of the following occurs:

(a) An owner or operator substitutes alternate financial assurance as specified in this rule.

(b) The director releases the owner or operator from the requirements of this part in accordance with R 299.9703(5).

(10) An owner or operator may meet the requirements of this rule by obtaining a written guarantee, hereafter referred to as "corporate guarantee." The guarantor shall be the parent corporation of the owner or operator. The guarantor shall meet the requirements for owners or operators in subrules (1) to (8) of this rule and comply with the terms of the corporate guarantee. The wording of the corporate guarantee must be identical to wording provided by the director. The corporate guarantee must accompany the items sent to the director as specified in subrule (3) of this rule. The terms of the corporate guarantee must provide for all the following:

(a) If the owner or operator fails to perform final closure or postclosure care of a facility covered by the corporate guarantee in accordance with the closure and postclosure plans and other operating license requirements when required to do so, the guarantor shall do so or establish a trust fund as specified in R 299.9704 in the name of the owner or operator.

(b) The corporate guarantee must remain in force unless the guarantor sends notice of cancellation, by certified mail, to the owner or operator and to the director. Cancellation must not occur, however, during the 120 days beginning on the date of receipt of the notice of cancellation by both the owner or operator and the director, as evidenced by the return receipts.

(c) If the owner or operator fails to provide alternate financial assurance as specified in this part and obtain the written approval of the alternate assurance from the director within 90 days after receipt by the owner or operator and the director of a notice of cancellation of the corporate guarantee from the guarantor, the guarantor shall provide the alternative financial assurance in the name of the owner or operator.

(d) In the case of corporations that are incorporated outside of this state, the guarantor shall identify and maintain a registered agent for service of process in this state.

**History**
- *History: 1985 AACS; 1988 AACS; 1989 AACS; 1998 AACS; 2000 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 299.9710** Liability requirements for treatment, storage, and disposal facilities {#sec-r-299.9710 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9710}

Rule 710. (1) An owner or operator of a hazardous waste treatment, storage, or disposal facility, or a group of facilities, shall demonstrate financial responsibility for bodily injury and property damage to third parties caused by sudden and accidental occurrences arising from operations of the facility or group of facilities. The owner or operator shall have and maintain liability coverage for sudden and accidental occurrences in an amount not less than $1,000,000.00 per occurrence with an annual aggregate of not less than $2,000,000.00, exclusive of legal defense costs.

(2) An owner or operator of a surface impoundment, landfill, land treatment facility, or disposal miscellaneous unit that is used to manage hazardous waste, or a group of facilities, shall demonstrate financial responsibility for bodily injury and property damage to third parties caused by nonsudden accidental occurrences arising from operations of the facility or group of facilities. The owner or operator shall have and maintain liability coverage for nonsudden accidental occurrences in an amount not less than $3,000,000.00 per occurrence with an annual aggregate of not less than $6,000,000.00, exclusive of legal defense costs.

(3) An owner or operator shall demonstrate the existence of the required liability coverage through any of the following:

(a) Insurance as specified in subrule (6) of this rule.

(b) The financial test specified in subrule (7) of this rule.

(d) The corporate guarantee specified in subrule (9) of rule.

(e) The letter of credit specified in subrule (10) of this rule.

(f) The trust fund specified in subrule (11) of this rule.

(4) An owner or operator may demonstrate the existence of the required liability coverage through a combination of the financial mechanisms specified in subrule (3) of this rule, except that any combination must not include more than 1 of the financial tests specified or both a financial test and corporate guarantee. The amount of coverage must total not less than the minimum amount required by this rule.

(5) If more than 1 financial mechanism is used to demonstrate the existence of the required liability coverage, then the owner or operator shall specify not less than 1 financial mechanism as primary coverage and specify the other financial mechanisms as excess coverage.

(6) An owner or operator may satisfy the liability requirements of this rule by obtaining an insurance policy as follows:

(a) Each insurance policy must be issued by an insurer that, at a minimum, is licensed to transact the business of insurance or eligible to provide insurance as an excess or surplus lines insurer, in this state.

(b) Each insurance policy must be amended by attaching an endorsement on a form provided by the director. The owner or operator shall submit, to the director, a signed duplicate original of the endorsement, and, if requested by the director, a signed duplicate of the insurance policy.

(c) Each policy that is obtained to meet the requirements of this rule must provide that cancellation, termination, or a material change to the policy that affects the coverages required by this rule must not occur unless and until not less than 30 days' written notice of the cancellation, termination, or material change is first provided to the director. The notice must be given no matter which party initiates the cancellation, termination, or material change and whether or not nonpayment of premium is involved.

(d) If the underlying policies required by subrules (1) and (2) of this rule do not provide sufficient limits of liability, the policy must be amended by attaching an excess insurance endorsement on a form approved by the director.

(7) An owner or operator may satisfy the liability requirements of this rule by complying with the financial test requirements specified in the provisions of 40 CFR 264.147(f). To demonstrate that they pass this test, the owner or operator shall submit all the information required in 40 CFR 264.147(f)(3) to the director. The words "regional administrator" in the provisions of 40 CFR 264.151(g) means the word "director."

(8) An owner or operator may satisfy the liability requirements of this rule by complying with the financial test requirements specified in the provisions of R 299.9709 and both of the following provisions:

(a) The financial test criteria of R 299.9709 must be modified as follows:

(i) In the provisions of R 299.9709(1)(a)(ii), net working capital and tangible net worth must each be not less than 6 times the sum of the current closure and postclosure cost estimates, other obligations covered by a financial test, and the amount of annual aggregate liability coverage.

(ii) In the provisions of R 299.9709(1)(a)(iv), assets in the United States must be not less than 90% of the owner's or operator's total assets or not less than 6 times the sum of the current closure and postclosure cost estimates, any other obligations covered by a financial test, and the amount of annual aggregate liability coverage.

(iii) In the provisions of R 299.9709(1)(b)(ii), tangible net worth must be not less than 6 times the sum of the current closure and postclosure cost estimates, any other obligations covered by a financial test, and the amount of annual aggregate liability coverage.

(iv) In the provisions of R 299.9709(1)(b)(iv), assets in the United States must be not less than 90% of the owner's or operator's total assets or not less than 6 times the sum of the current closure and postclosure cost estimates, other obligations covered by a financial test, and the amount of annual aggregate liability coverage.

(b) To demonstrate that the owner or operator passes the financial test requirements of this subrule, the owner or operator shall submit all the information required by the provisions of R 299.9709(3) to the director.

(c) If the owner or operator no longer meets the requirements of this subrule, then the owner or operator shall obtain alternate liability coverage as specified in this rule.

Evidence of alternate liability coverage must be submitted to the director within 90 days after the end of the fiscal year for which the yearend financial data shows that the owner or operator no longer meets the financial test requirements of this subrule.

(9) An owner or operator may satisfy the liability requirements of this rule by obtaining a written guarantee for liability coverage, referred to as "corporate guarantee," as follows:

(a) The guarantor shall be the parent corporation of the owner or operator. The guarantor shall meet the requirements for owners or operators specified in subrule (7) or (8) of this rule and comply with the terms of the corporate guarantee.

(b) The corporate guarantee must provide for all the following:

(i) If the owner or operator fails to satisfy a judgment based on a determination of liability for bodily injury or property damage to third parties caused by sudden or nonsudden, or both, accidental occurrences arising from the operation of facilities covered by the corporate guarantee, or fails to pay an amount agreed to in settlement of claims arising from, or alleged to have arisen from, the injury or damage, then the guarantor will satisfy the judgment or pay the settlement amount up to the limits of coverage.

(ii) The guarantor shall make payment of third-party liability awards and settlements on presentation of a certification of a valid claim or a valid final court order that establishes a judgment against the owner or operator for bodily injury or property damage caused by sudden or nonsudden accidental occurrences arising from the operation of the facilities covered by the corporate guarantee.

(iii) The liability coverage must not apply to the exclusions specified in the provisions of subrule (12) of this rule.

(iv) The corporate guarantee must remain in force unless the guarantor sends a notice of cancellation, by certified mail, to the owner or operator and to the director. Cancellation must not occur, however, during the 120 days beginning on the date of receipt of the notice of cancellation by both the owner or operator and the director, as evidenced by the return receipts.

(v) The corporate guarantee must not be terminated unless the owner or operator obtains, and the director approves, alternate liability coverage as specified in this rule.

(vi) The guarantor shall obtain alternate liability coverage as specified in this rule in the name of the owner or operator, unless the owner or operator has done so, within 30 days after being notified by the director that the guarantor no longer meets the financial test criteria or that the guarantor is disallowed from continuing as guarantor, and within 120 days after the end of any fiscal year before termination of the guarantee in which the guarantor fails to meet the financial test criteria.

(d) The corporate guarantee must accompany the items sent to the director as specified in subrule (7) or (8) of this rule.

(e) If a corporation is incorporated outside of this state, then a guarantee may be used to satisfy the requirements of this rule only if the non-Michigan corporation has identified a registered agent for service of process in this state.

(f) The director shall agree to termination of the guarantee if either of the following occurs:

(i) The owner or operator or guarantor substitutes alternate financial assurance as specified in this rule.

(ii) The director releases the owner or operator from the liability requirements in accordance with the provisions of subrule (16) of this rule.

(10) An owner or operator may satisfy the liability requirements of this rule by obtaining an irrevocable letter of credit for liability coverage as follows:

(a) The issuing institution shall be a bank or financial institution that has the authority to issue letters of credit and has its letter of credit operations regulated and examined by a federal or state agency.

(b) The letter of credit must provide for both of the following:

(i) The financial institution shall deposit amounts designated by the trustee, up to the amount of the letter of credit, into a standby trust fund on presentation of a sight draft.

(ii) The letter of credit must be irrevocable and issued for a period of not less than 1 year.

The expiration date must be automatically extended for a period of not less than 1 year unless, not less than 120 days before the current expiration date, the issuing institution notifies both the owner or operator and the director, by certified mail, of a decision not to extend the expiration date. The 120 days must begin on the date when both the owner or operator and the director receive the notice, as evidenced by the return receipts.

(d) The director shall agree to termination of the letter of credit when either of the following occurs:

(i) The owner or operator substitutes alternate financial assurance as specified in this rule.

(ii) The director releases the owner or operator from the liability requirements in accordance with the provisions of subrule (16) of this rule.

(e) An owner or operator that uses a letter of credit to satisfy the requirements of this rule shall establish a standby trust fund in accordance with both of the following provisions:

(i) The trustee shall be a bank or other financial institution that has the authority to act as trustee and which has its trust operations regulated and examined by a state or federal agency.

(ii) The trust fund must provide for all the following:

(A) The trustee shall satisfy third-party liability claims by drawing on the letter of credit and by making payments from the fund on presentation of a certification of a valid claim or a valid final court order that establishes a judgment against the owner or operator for bodily injury or property damage caused by sudden or nonsudden accidental occurrences arising from the operation of the facilities covered by the trust fund.

(B) The liability coverage must not apply to the exclusions specified in the provisions of subrule (12) of this rule.

(C) The trust must be irrevocable and continue until terminated pursuant to the written agreement of the owner or operator, the trustee, and the director or until terminated by the trustee and the director if the owner or operator ceases to exist.

(D) The wording of the trust agreement must be identical to the wording specified by the director.

(f) The director shall agree to termination of the standby trust if either of the following occurs:

(i) The owner or operator substitutes alternate financial assurance as specified in this rule.

(ii) The director releases the owner or operator from the liability requirements in accordance with the provisions of subrule (16) of this rule.

(g) The owner or operator shall submit a copy of the letter of credit and a signed duplicate original of the standby trust agreement to the director.

(h) If the owner or operator does not establish alternate liability coverage as specified in this rule and obtain written approval of the alternate coverage from the director within 90 days after receipt, by both the owner or operator and the director, of a notice from the issuing institution that it has decided not to extend the letter of credit beyond the current expiration date, then the director shall notify the trustee and the trustee shall draw on the letter of credit and deposit the proceeds of the letter of credit into the standby trust fund.

(11) An owner or operator may satisfy the liability requirements of this rule by obtaining a trust fund for liability coverage as specified in the following provisions and submitting a signed duplicate original of the trust agreement to the director:

(a) The trustee shall be a bank or other financial institution that has the authority to act as trustee and has its trust operations regulated and examined by a state or federal agency.

(b) The trust fund must be funded for the full amount of liability coverage to be provided by the trust fund. After the trust fund is established, if the trust fund amount is reduced below the full amount of liability coverage to be provided by the trust fund, then the owner or operator shall make payment to the trustee to cause the value of the trust fund to not be less than the full amount of liability coverage to be provided by the trust fund. The payments must be made before the anniversary date of the establishment of the fund.

(i) The trustee shall make payment of third-party liability awards and settlements, up to the value of the fund, on presentation of a certification of a valid claim or a valid final court order that establishes a judgment against the owner or operator for bodily injury or property damage caused by sudden or nonsudden accidental occurrences arising from the operation of the facilities covered by the trust fund.

(ii) The liability coverage must not apply to the exclusions specified in the provisions of subrule (12) of this rule.

(iii) The trust must be irrevocable and must continue until terminated pursuant to the written agreement of the owner or operator, the trustee, and the director or until terminated by the trustee and the director if the owner or operator ceases to exist.

(d) The wording of the trust agreement must be identical to the wording specified by the director.

(e) The director shall agree to termination of the trust if either of the following occurs:

(i) The owner or operator substitutes alternate financial assurance as specified in this rule.

(ii) The director releases the owner or operator from the liability requirements in accordance with the provisions of subrule (16) of this rule.

(12) The liability coverages provided by the corporate guarantee, letter of credit, and trust fund pursuant to the provisions of this rule must not apply to any of the following categories of damages or obligations:

(a) Bodily injury or property damage that the owner or operator is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the owner or operator would be obligated to pay in the absence of the contract or agreement.

(b) Any obligation of the owner or operator pursuant to a worker's compensation, disability benefits, or unemployment compensation law or similar law.

(c) Bodily injury to an employee of the owner or operator arising from, and in the course of, employment by the owner or operator, or bodily injury to the spouse, child, parent, brother, or sister of that employee as a consequence of, or arising from, and in the course of, employment by the owner or operator. This exclusion applies whether the owner or operator may be liable as an employer or in another capacity and applies to any obligation to share damages with or repay another person that must pay damages because of injury to the employee or the spouse, child, parent, brother, or sister of the employee.

(d) Bodily injury or property damage arising out of the ownership, maintenance, use, or entrustment to others of any aircraft, motor vehicle, or watercraft.

(e) Property damage to any of the following:

(i) Property that is owned, rented, or occupied by the owner or operator.

(ii) Premises that are sold, given away, or abandoned by the owner or operator if the property damage arises out of part of the premises.

(iii) Property that is loaned to the owner or operator.

(iv) Personal property in the care, custody, or control of the owner or operator.

(v) The part of real property on which the owner, operator, or contractor or subcontractor that is working directly or indirectly on behalf of the owner or operator is performing operations, if the property damage arises out of these operations.

(13) An owner or operator shall notify the director, in writing, within 30 days, if any of the following conditions occur:

(a) A claim results in a reduction in the amount of financial responsibility for liability coverage provided by a financial mechanism authorized in subrule (3) of this rule.

(b) A certification of valid claim for bodily injury or property damages caused by a sudden or nonsudden accidental occurrence arising from the operation of a hazardous waste treatment, storage, or disposal facility is entered between the owner or operator and a thirdparty claimant for liability coverage pursuant to the provisions of this rule.

(c) A final court order that establishes a judgment for bodily injury or property damage caused by a sudden or nonsudden accidental occurrence arising from the operation of a hazardous waste treatment, storage, or disposal facility is issued against the owner or operator or a financial mechanism for liability coverage pursuant to the provisions of this rule.

(14) An owner or operator shall continuously provide liability coverage for a facility as required by this rule until certifications of closure of the facility as specified in the provisions of R 299.9613(3) are received by the director and the director notifies the owner or operator that the owner or operator is no longer required to maintain financial assurance for closure pursuant to the provisions of R 299.9703(5).

(15) The director may adjust the levels of financial responsibility required by this rule for the reasons specified in the provisions of 40 CFR 264.147(c) and (d). Any adjustment to the level or type of coverage for a facility that has an operating license must be treated as an operating license modification pursuant to the provisions of R 299.9519.

(16) Within 60 days after receiving certifications from the owner or operator and an independent registered professional engineer that final closure has been completed in accordance with the approved closure plan, the director shall notify the owner or operator, in writing, that the owner or operator is no longer required by this rule to maintain liability coverage for that facility, unless the director has reason to believe that closure has not been in accordance with the approved closure plan.

(17) If all other hazardous waste management units at the facility that are subject to a liability coverage requirement under this rule are closed, or if the closure process under part 6 of these rules has been initiated for all other hazardous waste management units that are subject to a liability coverage requirement, then the director may replace all or part of that liability coverage requirement for a hazardous waste management unit with alternative requirements under R 299.9713 if the director does all the following:

(a) Prescribes alternative requirements for the hazardous waste management unit under 40 CFR 264.90(f) or 264.110(c).

(b) Determines that it is not necessary to apply the requirements of this rule because the alternative financial assurance requirements protect human health and the environment.

(18) The provisions of 40 CFR 264.90(f), 264.110(d), 264.147(c), (d), and (f) and 264.151(g) are adopted by reference in R 299.11003.

**History**
- *History: 1985 AACS; 1988 AACS; 1991 AACS; 1994 AACS; 2000 AACS; 2008 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 299.9711** Financial capability requirements for transporters operating a transfer facility or group of transfer facilities {#sec-r-299.9711 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9711}

Rule 711. (1) A transporter that operates a transfer facility or group of transfer facilities shall demonstrate financial responsibility for bodily injury and property damage to third parties caused by sudden and accidental occurrences arising from the operations of the facility or group of facilities. The transporter shall have and maintain liability coverage for sudden and accidental occurrences in an amount not less than $500,000.00 per occurrence, exclusive of legal defense costs. The requirement for liability coverage is in addition to other insurance requirements of act 218. The transporter shall comply with the liability coverage requirements of this subrule by obtaining an insurance policy in accordance with the provisions of subrule (2) of this rule or by passing the financial test specified in the provisions of subrule (3) of this rule.

(2) Each insurance policy that is obtained by a transporter to fulfill the requirements of this rule must comply with all the following provisions:

(a) The policy must include a provision that the insurer notify the director 30 days before either of the following:

(i) Cancellation or termination of the insurance by either party for any reason.

(ii) A material change to the policy for any reason.

(b) The policy must be issued by an insurer that, at a minimum, is licensed to transact the business of insurance, or eligible to provide insurance as an excess or surplus line insurer, in th state.

(c) The deductible written into the policy must not be more than 5% of the per occurrence limit of liability of the policy. If more than one policy is used to provide the coverage required by this rule, the total of all deductibles must not be more than 5% of the total of the per occurrence limits of the policies used.

(d) The policy must be amended by attaching an endorsement on a form provided by the director.

(3) A transporter may satisfy the liability coverage requirements of this rule by demonstrating that the transporter passes a financial test as specified in this rule. To pass the test, the transporter shall meet 1 of the following criteria:

(a) A transporter shall comply with all the following provisions:

(i) Have a net working capital and a tangible net worth that, for each, is not less than 6 times the amount of liability coverage to be demonstrated by the test.

(ii) Have a tangible net worth of not less than $10,000,000.00.

(iii) Have assets in the United States that amount to not less than 90% of the transporter's total assets or not less than 6 times the amount of liability coverage to be demonstrated by the test.

(b) A transporter shall comply with all the following provisions:

(i) Have a current rating for its senior unsecured debt of AAA, AA, A, or BBB as issued by standard and poor's or Aaa, Aa, A, or Baa as issued by Moody's.

(ii) Have tangible net worth of not less than $10,000,000.00.

(iii) Have a tangible net worth that is not less than 6 times the amount of liability coverage to be demonstrated by the test.

(iv) Have assets in the United States that amount to not less than 90% of the transporter's total assets or not less than 6 times the amount of liability coverage to be demonstrated by the test.

(4) As used in this rule, "amount of liability coverage" refers to the annual aggregate amounts for which coverage is required pursuant to the provisions of subrule (1) of this rule.

(5) A transporter shall demonstrate the existence of the liability coverage required pursuant to this rule by submitting either of the following to the director:

(a) All information that is necessary to meet the financial test requirements of subrule (3) of this rule, as follows:

(i) A letter that is signed by the transporter's chief financial officer and is worded as specified by the director.

(ii) A copy of the independent certified public accountant's report on examining the transporter's financial statements for the latest completed fiscal year.

(iii) A special report from the transporter's independent certified public accountant to the transporter on comparison of the data presented in the chief financial officer's letter to the independently audited, year-end financial statements. The special report must describe the agreed-upon procedures performed and related findings, including whether or not there were any discrepancies found.

(b) An endorsement provided by the director that shows that the coverage required in this rule has been obtained by the transporter. The transporter shall submit a signed duplicate original of each insurance endorsement. If requested by the director, the transporter shall provide signed duplicate originals of all insurance policies that are needed to fulfill the requirements of this rule.

(6) After the initial submission of the items specified in subrule (5)(a) of this rule, the transporter shall send updated information to the director within 90 days after the close of each succeeding fiscal year. The information must consist of all the items specified in subrule (5)(a) of this rule.

(7) A transporter using insurance to satisfy the liability coverage requirements of this rule shall submit to the director the endorsement required under subrule (5)(b) of this rule for the renewal or replacement policy on issuance of the renewal or replacement policy.

(8) If underlying policies that are required pursuant to the provisions of subrule (2) of this rule do not provide sufficient limits of liability, then the transporter shall amend the policy by attaching an excess liability insurance endorsement on a form provided by the director.

(9) If a transporter is using the financial test to demonstrate financial responsibility for liability coverage required pursuant to the provisions of this rule and no longer meets the requirements of subrule (3) of this rule, then the transporter shall send notice to the director of the intent to obtain an insurance policy as specified in this rule. The transporter shall send the notice by certified mail within 90 days after the end of the fiscal year for which yearend financial data show that the transporter no longer meets the requirements of subrule (3) of this rule. The transporter shall obtain liability insurance within 120 days after the end of the fiscal year.

(10) The director may disallow the use of a financial test to meet the requirements of this rule on the basis of qualifications in the opinion expressed by the independent certified public accountant in the report upon examining the transporter's financial statements. An adverse opinion or disclaimer of opinion is cause for the disallowance of the use of a financial test to meet the requirements of subrule (1) of this rule. The director shall evaluate other qualifications on an individual basis. The transporter shall obtain an insurance policy as specified in this rule within 30 days after notification of the disallowance.

**History**
- *History: 1985 AACS; 1988 AACS; 1989 AACS; 1994 AACS; 1998-2000 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 299.9712** Cost estimate for corrective action {#sec-r-299.9712 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9712}

Rule 712. (1) The owner or operator of a facility that is required to perform corrective action pursuant to the provisions of part 111 or these rules shall have a detailed written estimate, in current dollars, of the cost of performing corrective action at the facility in accordance with the provisions of R 299.9629.

(2) The cost estimate must be based on the cost of hiring a third-party to complete the corrective action measures required pursuant to the provisions of R 299.9629.

(3) The cost estimate must not incorporate any salvage value for the sale of hazardous wastes, facility structures or equipment, land, or other facility assets.

(4) When preparing the cost estimate, the owner or operator shall not incorporate a zero cost for hazardous waste that may have economic value.

(5) The owner or operator shall adjust the cost estimate for inflation within the 60-day period before the anniversary date of the establishment of the financial mechanisms used to comply with the provisions of R 299.9713. For owners and operators that use the financial test or corporate guarantee, the cost estimate for corrective action must be updated within 30 days after the close of the firm's fiscal year and before the submission of updated information to the director. The adjustment for inflation may be made by recalculating the costs in current dollars or by using an inflation factor that is derived from the most recent annual implicit price deflator for gross national product published by the United States Department of Commerce in its survey of current business.

(6) The owner or operator shall adjust the cost estimate for corrective action not later than 30 days after the director has approved a modification to the corrective action program if the modification increases the cost of corrective action.

**History**
- *History: 1994 AACS; 1998-2000 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 299.9713** Financial assurance for corrective action {#sec-r-299.9713 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9713}

Rule 713. (1) The owner or operator shall establish financial assurance for the cost of performing corrective action at the facility in accordance with the provisions of R 299.9629.

(2) The owner or operator shall maintain the financial assurance for corrective action until the corrective action is completed and the owner or operator is released from this requirement by the director.

(3) During the period in which the corrective action program is implemented, the director may approve a reduction in the amount of financial assurance that is required for corrective action if the owner or operator demonstrates, to the director's satisfaction, that the amount of the financial assurance exceeds the remaining cost of corrective action.

(4) If the director issues a notice of violation or other order to the owner or operator alleging a violation of the corrective action program, the director may, after providing the owner or operator 7 days' notice and an opportunity for a hearing, access funds to correct violations, complete corrective action, and maintain the facility in accordance with the corrective action program.

(5) Within 60 days after receiving certification from the owner or operator and an independent registered professional engineer that corrective action has been completed in accordance with the corrective action program, the director shall notify the owner or operator, in writing, that the owner or operator is no longer required by this rule to maintain financial assurance for corrective action at a particular facility, unless the director has reason to believe that any aspect of corrective action has not been completed in accordance with the corrective action program. The director shall provide the owner or operator with a detailed written statement of any reason to believe that corrective action has not been completed in accordance with the corrective action program.

(6) An owner or operator shall notify the director, by certified mail, of the commencement of a voluntary or involuntary proceeding under the provisions the bankruptcy reform act of 1978, of Public Law 95-598, naming the owner or operator as debtor, within 10 days after commencement of the proceeding.

(7) An owner or operator that fulfills the requirements of this rule by obtaining a trust fund, surety bond, letter of credit, or insurance policy shall be deemed to be without the required financial assurance in the event of bankruptcy of the trustee or issuing institution, a suspension or revocation of the authority of the trustee institution to act as a trustee, or a suspension or revocation of the authority of the institution issuing the surety bond, letter of credit, or insurance policy to issue the instruments. The owner or operator shall establish other financial assurance within 60 days after any event specified in this subrule.

PART 8. MANAGEMENT OF SPECIFIC HAZARDOUS WASTES,

SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES,

AND USED OIL

**History**
- *History: 1994 AACS; 1996 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 299.9801** Recyclable materials used in manner constituting disposal {#sec-r-299.9801 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9801}

Rule 801. (1) The requirements of this rule apply to recyclable materials that are applied to or placed on the land in either of the following ways:

(a) Without mixing with another substance.

(b) After mixing or combining with another substance or substances.

(2) The materials specified in subrule (1) of this rule are referred to in this rule as materials "used in a manner that constitutes disposal."

(3) Products produced for the general public's use that are used in a manner that constitutes disposal and that contain recyclable materials are not presently subject to regulation under these rules if the recyclable materials have undergone a chemical reaction in the course of producing the product so as to become inseparable by physical means and if the products comply with the applicable treatment standards specified in R 299.9313, R 299.9413, and R 299.9627, or if no treatment standards have been established, the applicable prohibition levels specified in 40 CFR 268.32 or section 3004(d) of RCRA, 42 USC 6924, for each recyclable material that the products contain, and the recycler complies with 40 CFR 268.7(b)(6).

(4) An antiskid/deicing use of slags that are generated from the high temperature metals recovery (HTMR) processing of K061, K062, and F006 in a manner that constitutes disposal is not covered by the exemption in subrule (3) of this rule and the use remains subject to regulation under part 111 and these rules.

(5) Fertilizers that contain recyclable materials are not subject to regulation provided that they meet both of the following conditions:

(a) They are zinc fertilizers excluded from the definition of waste according to R 299.9204(1)(x).

(b) They meet the applicable treatment standards in 40 CFR part 268, subpart D for each hazardous waste they contain.

(6) Generators and transporters of materials that are used in a manner that constitutes disposal are subject to the applicable requirements of parts 3 and 4 of these rules.

(7) Owners or operators of facilities that store recyclable materials that are to be used in a manner that constitutes disposal, but are not the ultimate users of the materials, are regulated pursuant to all the applicable provisions of parts 5, 6, and 7 of these rules.

(8) Owners or operators of facilities that use recyclable materials in a manner that constitutes disposal are regulated pursuant to all the applicable provisions of parts 5, 6, and 7 of these rules, except that these requirements do not apply to products that contain these recyclable materials pursuant to subrule (3) of this rule.

(9) Waste, used oil, or other material that is contaminated with a hazardous waste must not be used for dust suppression or road treatment.

2025 AACS.

**History**
- *History: 1985 AACS; 1989 AACS; 1994 AACS; 1996 AACS; 2013 AACS; 2017 AACS; 2020 AACS;*

##### **Mich. Admin. Code R 299.9802** Rescinded {#sec-r-299.9802 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9802}

**History**
- *History: 1985 AACS; 1989 AACS; 1997 AACS.*

##### **Mich. Admin. Code R 299.9803** Recyclable materials utilized for precious metals recovery {#sec-r-299.9803 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9803}

Rule 803. (1) The requirements of this rule apply to recyclable materials that are reclaimed to recover economically significant amounts of any of the following elements:

(a) Gold.

(b) Silver.

(d) Palladium.

(e) Iridium.

(f) Osmium.

(g) Rhodium.

(h) Ruthenium.

(i) Any combination of the elements listed in subdivisions (a) to (h) of this subrule.

(2) Persons that generate, transport, or store recyclable materials that are regulated under this rule are subject to the following requirements:

(a) For generators, the identification number requirements of R 299.9308 and manifest requirements of R 299.9309.

(b) For transporters, the requirements of part 4 of these rules.

(d) For persons that export precious metals to, or import precious metals from, designated OECD member countries for recovery, the requirements of R 299.9314 and 40 CFR 265.12(a)(2).

(e) For persons that export precious metals to, or import precious metals from, non-OECD member countries for recovery, the requirements of R 299.9314.

(3) Persons that store recyclable materials that are regulated under this rule shall keep all the following records to document that the storage does not constitute speculative accumulation:

(a) Records showing the volume of these materials stored at the beginning of the calendar year.

(b) The amount of these materials generated or received during the calendar year.

(4) Recyclable materials that are regulated under this rule and that are accumulated speculatively are subject to all applicable provisions of these rules.

(5) The director may decide, on a case-by-case basis, that persons accumulating or storing recyclable materials from which precious metals are reclaimed shall be regulated under R 299.9206(1). The basis for this decision is that the materials are being accumulated or stored in a manner that does not protect human health and the environment because the materials or their toxic constituents have not been adequately contained or because the materials being accumulated or stored together are incompatible. In making this decision, the director shall consider all the following factors:

(a) The types of materials accumulated or stored and the amounts accumulated or stored.

(b) The methods of accumulation or storage.

(d) Whether any contaminants are being released into the environment or are likely to be so released.

(e) Other relevant factors.

(6) The director shall use the following procedures when determining whether to regulate hazardous waste recycling activities involving recyclable materials from which precious metals are reclaimed under R 299.9206(1) rather than under subrules (1) to (4) of this rule:

(a) If a generator is accumulating the waste, the director shall issue a notice setting forth the factual basis for the decision and stating that the person shall comply with part 3 of these rules. The notice becomes final after 30 days unless the person served contests the decision under act 306. As part of the appeal procedure under act 306, the director shall hold a public hearing, provide notice of the public hearing, and allow public participation at the hearing. After the appeal procedures of act 306 are completed, the director shall issue a final order stating if compliance with part 3 of these rules is required. The order becomes effective 30 days after service of the decision, unless the director specifies a later date or unless review by the director is requested. The order may be appealed to the director by any person that participated in the public hearing. The director may choose to grant or to deny the appeal. Final action occurs when a final order is issued and appeal procedures under act 306 are exhausted.

(b) If the person accumulating the recyclable material is a storage facility, then the notice must state that the person shall obtain an operating license in accordance with all applicable provisions of part 5 of these rules. The owner or operator shall apply for an operating license within not less than 60 days and not more than 6 months of notice, as specified in the notice. If the owner or operator wishes to contest the director's decision under act 306, then the owner or operator may do so in the license application, in a public hearing held on the draft license, or in comments filed on the draft license or in the notice of intent to deny the license. The fact sheet accompanying the license must specify the reasons for the director’s determination. The question of whether the director’s decision was proper remains open for consideration during all public comment periods and hearings.

**History**
- *History: 1985 AACS; 1998 AACS; 2020 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 299.9804** Spent lead acid batteries being reclaimed {#sec-r-299.9804 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9804}

Rule 804. (1) The requirements of this rule apply to persons that generate, collect, transport, store, or regenerate spent lead acid batteries for reclamation purposes.

(2) Persons that manage spent lead acid batteries that will be reclaimed through regeneration are not subject to parts 3 to 7 of these rules except for the requirements of R 299.9302 and R 299.9311(1). These persons shall also comply with the requirements of part 2 of these rules.

(3) Persons that generate, collect, or transport spent lead acid batteries that will be reclaimed by a means other than regeneration are not subject to parts 3 to 7 of these rules except for the requirements of R 299.9302 and R 299.9311(1). These persons shall also comply with the requirements of part 2 of these rules and 40 CFR part 268.

(4) Persons that store spent lead acid batteries that will be reclaimed by a means other than regeneration but do not reclaim the batteries themselves are not subject to parts 3 to 7 of these rules except for the requirements of R 299.9302 and R 299.9311(1). These persons shall also comply with the requirements of part 2 of these rules and 40 CFR part 268.

(5) Persons that store spent lead acid batteries that will be reclaimed by a means other than regeneration and store these batteries before reclaiming the batteries themselves are subject to all applicable requirements of R 299.9302, R 299.9311(1), and parts 2, 5, 6, and 7 of these rules, except for the manifest requirements of R 299.9608.

(6) Persons that manage spent lead acid batteries that will be reclaimed by a means other than regeneration and do not store these batteries before reclaiming the batteries themselves are not subject to parts 3 to 7 of these rules except for the requirements of R 299.9302 and R 299.9311(1). These persons shall also comply with the requirements of part 2 of these rules and 40 CFR part 268.

(7) Persons that export spent lead acid batteries for reclamation through regeneration or another means in a foreign country are not subject to parts 3 to 7 of these rules except for the requirements of R 299.9302, R 299.9311(1), and R 299.9314. These persons shall also comply with the requirements of part 2 of these rules.

(8) Persons that transport spent lead acid batteries in the United States that are to be exported for reclamation through regeneration or another means in a foreign country are not subject to parts 4 to 7 of these rules. These persons shall comply with the requirements of R 299.9314.

(9) Persons that store spent lead acid batteries imported from a foreign country that will be reclaimed by a means other than regeneration but do not reclaim the batteries themselves are not subject to parts 3 to 7 of these rules except for the requirements of R 299.9302, R 299.9311(1), R 299.9314, and 40 CFR part 268. These persons shall also comply with the requirements of part 2 of these rules.

(10) Persons that store spent lead acid batteries imported from a foreign country that will be reclaimed by a means other than regeneration before reclaiming the batteries themselves are subject to all applicable requirements of R 299.9302, R 299.9311(1), R 299.9314, and parts 2, 5, 6, and 7 of these rules, except for the manifest requirements of R 299.9608.

(11) Persons that import spent lead acid batteries from a foreign country that will be reclaimed by a means other than regeneration and do not store the batteries before reclaiming the batteries themselves are not subject to parts 3 to 7 of these rules except for the requirements of R 299.9302, R 299.9311(1), R 299.9314, and 40 CFR part 268. These persons shall also comply with the requirements of part 2 of these rules.

(12) Instead of managing spent lead acid batteries in accordance with this rule, persons may manage spent lead acid batteries as universal wastes in accordance with the requirements of R 299.9228.

(13) 40 CFR part 268 is adopted by reference in R 299.11003. For the purposes of adoption, the term "R 299.9312(1)" replaces the term "§262.41," the term "R 299.9309" replaces the term "40 CFR 262, subpart B," the term "R 299.9804" replaces the term "40 CFR 266, subpart G," and the term "R 299.9228 and R 299.9229" replaces the term "40 CFR part 273."

**History**
- *History: 1985 AACS; 1996 AACS; 2013 AACS; 2020 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 299.9805** Rescinded {#sec-r-299.9805 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9805}

**History**
- *History: 1989 AACS; 1994 AACS; 1996 AACS.*

##### **Mich. Admin. Code R 299.9806** Rescinded {#sec-r-299.9806 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9806}

**History**
- *History: 1989 AACS; 1996 AACS.*

##### **Mich. Admin. Code R 299.9807** Rescinded {#sec-r-299.9807 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9807}

**History**
- *History: 1989 AACS; 1996 AACS.*

##### **Mich. Admin. Code R 299.9808** Management of hazardous waste burned in boilers and industrial furnaces {#sec-r-299.9808 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9808}

Rule 808. (1) The requirements of this rule apply to hazardous waste that is burned or processed in a boiler or industrial furnace irrespective of the purpose of the burning or processing, except as noted in subrules (2) to (4) of this rule. For this rule, the term "burn" means burning hazardous waste for energy recovery or destruction or processing hazardous waste for materials recovery or as an ingredient.

(2) The following hazardous wastes and facilities are not subject to this rule:

(a) Used oil burned for energy recovery that is also a hazardous waste solely because it exhibits a characteristic of hazardous waste identified in R 299.9212. The used oil is subject to regulation under R 299.9809 to R 299.9816.

(b) Gas recovered from hazardous waste or solid waste landfills when the gas is burned for energy recovery.

(c) Hazardous wastes that are exempt from regulation under R 299.9204 and R 299.9206(3)(c) to (f), and hazardous wastes that are subject to the special requirements for very small quantity generators pursuant to R 299.9304.

(d) Coke ovens, if the only hazardous waste burned in an oven is K087.

(3) The following owners or operators are not subject to regulation under this rule, except as noted:

(a) An owner or operator of a smelting, melting, and refining furnace, including pyrometallurgical devices such as cupolas, sintering machines, roasters, and foundry furnaces, that processes hazardous waste solely for metal recovery is exempt from regulation under this rule, except for the requirements of subrules (6) and (8) of this rule, if the owner or operator complies with the requirements of 40 CFR 266.100(d). The exemption does not apply to cement kilns, aggregate kilns, or halogen acid furnaces that process hazardous waste solely for metals recovery.

(b) An owner or operator of a smelting, melting, and refining furnace, including pyrometallurgical devices such as cupolas, sintering machines, roasters, and foundry furnaces, that processes hazardous waste for recovery of economically significant amounts of the precious metals gold, silver, platinum, palladium, iridium, osmium, rhodium, or ruthenium, or any combination of the metals, is exempt from regulation under this rule, except for the requirements of subrule (8) of this rule, if the owner or operator complies with the requirements of 40 CFR 266.100(g).

(c) An owner or operator of a facility that burns, in an on-site boiler or industrial furnace that is exempt from regulation under the small quantity provisions of 40 CFR 266.108, hazardous waste that the facility has generated is exempt from regulation under parts 5 to 7 of these rules for storage units that store mixtures of hazardous waste and the primary fuel to the boiler or industrial furnace in tanks that feed the fuel mixture directly to the burner. The storage of hazardous waste before mixing it with the primary fuel is subject to subrule (6) of this rule.

(d) An owner or operator of a facility that burns hazardous waste in an on-site boiler or industrial furnace, if all the small quantity exemption criteria outlined in 40 CFR 266.108 are met.

(4) Except as noted in this subrule, part 8 of these rules does not apply to owners and operators of a new cement kiln, lightweight aggregate kiln, solid fuel boiler, liquid fuel boiler, or hydrochloric acid production furnace that becomes subject to the license requirements of these rules after October 12, 2005, or to owners or operators of an existing cement kiln, lightweight aggregate kiln, solid fuel boiler, liquid fuel boiler, or hydrochloric acid production furnace if the owner or operator demonstrates compliance with the air emission standards and limitations in 40 CFR part 63, subpart EEE, by conducting a comprehensive performance test and submitting to the director a notification of compliance under 40 CFR 63.1207(j) and 63.1210(d) that documents compliance with the requirements of 40 CFR part 63, subpart EEE. Nevertheless, after this compliance demonstration is made, the operating license conditions that are based on the standards of part 8 of these rules continue to be in effect until they are removed from the operating license or the operating license is terminated or revoked, unless the operating license expressly provides otherwise. The director may apply this subrule and subrule (5) of this rule, on a case-by-case basis, for collecting information pursuant to R 299.9504(18) and (20) and R 299.9521(3)(b) and (c).

(5) The maximum achievable control technology standards of 40 CFR part 63, subpart EEE, do not supersede any of the following requirements:

(a) R 299.9601, R 299.9605 to R 299.9610, R 299.9612, R 299.9613, R 299.9630, R 299.9631, R 299.9808(8), and part 7 of these rules and 40 CFR part 265, subparts A to D, F, G, BB, and CC, and 266.102(e)(11), 266.103(l), 266.111, 266.112, except 266.112(a) and (c), as applicable.

(b) The particulate matter standard of 40 CFR 266.105 if the owner or operator elects to comply with the alternative to the particulate matter standard under 40 CFR 63.1216(e) and 63.1217(e).

(c) The following requirements remain in effect for startup, shutdown, and malfunction events even if a person elects to comply with 40 CFR 270.235(a)(1)(i) to minimize emissions of toxic compounds from these events, or for source areas if a person elects to comply with 40 CFR 266.105 to 266.107 and the associated requirements for particulate matter, hydrogen chloride and chlorine gas, and non-mercury metals:

(i) The requirements of 40 CFR 266.102(e)(1) that require that a boiler or industrial furnace operate pursuant to the operating requirements specified in the operating license at all times that hazardous waste is in the unit.

(ii) The requirements of 40 CFR 266.102(e)(2)(iii) that require compliance with the emission standards and operating requirements during startup and shutdown if hazardous waste is in the combustion chamber, except for particular hazardous wastes.

(d) The following requirements remain in effect for owners or operators of a boiler or hydrochloric acid production furnace that is an area source under 40 CFR 63.2 if the owner or operator does not elect to comply with the emission standards under 40 CFR 63.1216, 63.1217, and 63.1218 for particulate matter, semivolatile and low volatile metals, and total chlorine:

(i) The requirements of 40 CFR 266.105.

(ii) The requirements of 40 CFR 266.106.

(iii) The requirements of 40 CFR 266.107.

(6) A generator and a transporter of hazardous waste that is burned in a boiler or industrial furnace shall comply with parts 3 and 4 of these rules, respectively.

(7) An owner or operator of a facility that stores hazardous waste that is burned in a boiler or industrial furnace shall comply with the applicable requirements of parts 5 to 7 of these rules. The requirements of parts 5 to 7 of these rules apply to the storage by the burner and to storage facilities operated by intermediaries, including processors, blenders, distributors, between the generator and the burner.

(8) An owner or operator of a boiler or an industrial furnace that burns hazardous waste shall comply with the applicable requirements of parts 5 to 7 of these rules and 40 CFR part 266, subpart H and appendices I to XIII; except 266.100(a) and (b), 266.101, 266.102(a), and 266.112(a) and (c); and 270.66.

(9) A residue derived from the burning or processing of hazardous waste in a boiler or industrial furnace is not excluded from the definition of hazardous waste under R 299.9204(2)(d), (i), and (k), unless the device and the owner or operator complies with all the following requirements:

(a) The device meets the following criteria:

(i) If the device is a boiler, it must burn not less than 50% coal on a total heat input or mass input basis, whichever results in the greater mass feed rate of coal.

(ii) If the device is an industrial furnace subject to R 299.9204(2)(i), it must process not less than 50%, by weight, normal, nonhazardous raw materials.

(iii) If the device is a cement kiln, it must process not less than 50%, by weight, normal cement production raw materials.

(b) The owner or operator demonstrates, in writing, to the director's satisfaction, that the hazardous waste does not significantly affect the residue by demonstrating conformance with the criteria outlined in 40 CFR 266.112(b).

(c) Records sufficient to document compliance with this subrule must be retained until closure of the boiler or industrial furnace unit. At a minimum, the following information must be included in the records, as applicable:

(i) The levels of constituents in 40 CFR part 261, appendix VIII, that are present in waste-derived residues.

(ii) If the waste-derived residue is compared with normal residue under this subrule, then all the following information must be documented in the records:

(A) The levels of constituents in 40 CFR part 261, appendix VIII, that are present in normal residues.

(B) Data and information, including analyses of samples as necessary, that were obtained to determine if changes in raw materials or fuels would reduce the concentration of toxic constituents of concern in the normal residue.

(10) 40 CFR parts 265, subparts A to D, F, G, BB, and CC, and 266, subpart H and appendices I to XIII, except 40 CFR 266.100(a) and (b), 266.101, 266.102(a), and 266.112(a) and (c), 40 CFR 270.66, and 270.235(a)(1)(i) are adopted by reference in R 299.11003. For 40 CFR part 266, subpart H and 270.66, the term "director" replaces the term "regional administrator."

**History**
- *History: 1996 AACS; 2013 AACS; 2017 AACS; 2020 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 299.9809** Used oil regulation; applicability {#sec-r-299.9809 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9809}

Rule 809. (1) Used oil and the following materials are subject to regulation as used oil under R 299.9810 to R 299.9816, unless otherwise specified in subrule (2) of this rule:

(a) A mixture of used oil and hazardous waste, except a mixture of used oil and halogenated hazardous waste listed under R 299.9213 or R 299.9214, generated by a very small quantity generator that is regulated under R 299.9304.

(b) A material that contains, or is otherwise contaminated with, used oil and is burned for energy recovery.

(d) A mixture of used oil and fuel.

(e) A material that is produced from used oil and that is burned for energy recovery.

(f) Used oil that is burned for energy recovery and any fuel produced from used oil by processing, blending, or other treatment if it exceeds any of the used oil specifications.

Specification used oil is used oil that does not exceed any of the used oil specifications.

Off-specification used oil is used oil that exceeds any of the specifications specified in this subdivision. The used oil specifications are as follows:

(i) A maximum arsenic concentration of 5 parts per million.

(ii) A maximum cadmium concentration of 2 parts per million.

(iii) A maximum chromium concentration of 10 parts per million.

(iv) A maximum lead concentration of 100 parts per million.

(v) A minimum flash point of 100 degrees Fahrenheit.

(vi) A maximum total halogen concentration of 4,000 parts per million.

(g) Used oil that is recycled and is also a hazardous waste solely because it exhibits a hazardous characteristic.

(h) Used oil that contains polychlorinated biphenyls at any concentration less than 50 parts per million unless, because of dilution, it is regulated under 40 CFR part 761 as a used oil that contains polychlorinated biphenyls at concentrations of 50 parts per million or greater. The used oil may also be subject to 40 CFR part 761, including 40 CFR 761.20(d) and (e). Marketers and burners of used oil that market used oil that contains any quantifiable level, 2 parts per million or greater, of polychlorinated biphenyls are also subject to the requirements of 40 CFR 761.20(e).

(2) The following materials are not subject to regulation as used oil under R 299.9810 to R 299.9816, but may be subject to regulation as a hazardous waste under part 111 and these rules:

(a) A mixture of used oil and hazardous waste, except as specified in subrule (1)(a) of this rule.

(b) Used oil that contains more than 1,000 parts per million total halogens is presumed to be a hazardous waste and is regulated under part 111 and these rules. A person may rebut the presumption by demonstrating that the used oil does not contain hazardous waste. The demonstration may be made by showing that the used oil does not contain significant concentrations of halogenated hazardous constituents that are listed in 40 CFR part 261, appendix VIII. The rebuttable presumption rule does not apply to the following materials:

(i) Metalworking oils or fluids that contain chlorinated paraffins if the oils or fluids are processed through a tolling arrangement as specified in 40 CFR 279.24(c) to reclaim the oils or fluids. The rebuttable presumption does apply, however, if the oils or fluids are recycled in another manner or disposed of.

(ii) Used oil that is contaminated with chlorofluorocarbons that have been removed from refrigeration units if the chlorofluorocarbons are destined for reclamation. The rebuttable presumption does apply, however, if the used oil is contaminated with chlorofluorocarbons that have been mixed with used oil from sources other than refrigeration units.

(c) A material that contains, or is otherwise contaminated with, used oil if the used oil has been properly drained or removed to the extent possible so that visible signs of free-flowing oil do not remain in or on the material and the material is not burned for energy recovery.

(d) A mixture of used oil and diesel fuel that is mixed onsite by the generator of the used oil for use in the generator's own vehicles. Before mixing, the used oil is regulated under subrule (1) of this rule.

(e) Used oil and materials that are derived from used oil and that are disposed of or used in a manner constituting disposal.

(f) Used oil re-refining distillation bottoms that are used as a feedstock to manufacture asphalt products.

(g) Wastewater, the discharge of which is subject to regulation pursuant to either section 307(b) or 402 of the federal clean water act, 33 USC 1317 and 1342, including wastewater at facilities that have eliminated the discharge of wastewater, that is contaminated with de minimis quantities of used oil. As used in this subdivision, "de minimis quantities of used oil" means small spills, leaks, or other drippings from pumps, machinery, pipes, and other similar equipment during normal operations or small amounts of oil lost to the wastewater treatment system during washing or draining operations. De minimis quantities of used oil do not include used oil discarded as a result of abnormal manufacturing operations that result in substantial leaks, spills, or other releases or to used oil recovered from wastewaters.

(h) Used oil mixed with crude oil or natural gas liquids for insertion into a crude oil pipeline. Before mixing with crude oil or natural gas liquids, the used oil is regulated under subrule (1) of this rule.

(i) A mixture of used oil and crude oil or natural gas liquids that contains less than 1% used oil if the mixture is being stored, or transported to a crude oil pipeline or petroleum refining facility, for insertion into the refining process at a point before crude distillation or catalytic cracking.

(j) Used oil that is inserted into the petroleum refining facility process before crude distillation or catalytic cracking without prior mixing if the used oil constitutes less than 1% of the crude oil feed to any petroleum refining facility process unit at any given time.

Before insertion into the petroleum refining facility, the used oil is regulated under subrule (1) of this rule.

(k) Used oil that is introduced into a petroleum refining facility process after crude distillation or catalytic cracking if the used oil meets the used oil specifications under subrule (1)(f) of this rule. Before insertion into the petroleum refining facility process, the used oil is regulated under subrule (1) of this rule.

(l) Used oil that is incidentally captured by a hydrocarbon recovery system or wastewater treatment system as part of routine process operations at a petroleum refining facility and inserted into the petroleum refining process. Used oil that is intentionally introduced into a hydrocarbon recovery system or wastewater treatment system is regulated as a used oil under subrule (1) of this rule.

(m) Tank bottoms from stock tanks that contain exempt mixtures of used oil and crude oil or natural gas liquids.

(n) Used oil that is produced on vessels from normal shipboard operations. Once the used oil is transported ashore, which is when the used oil is considered to be generated by the owner or operator of the vessel and the person removing or accepting the used oil from the vessel, then the used oil is regulated under subrule (1) of this rule.

(o) Specification used oil fuel when the person that determined that the used oil fuel is specification used oil fuel demonstrates compliance with the requirements of R 299.9815(3)(b), (c), and (f) and 40 CFR 279.73.

(p) Used oil that contains polychlorinated biphenyls at concentrations of 50 parts per million or greater. This used oil is subject to regulation under 40 CFR part 761. No person may avoid these provisions by diluting used oil that contains polychlorinated biphenyls, unless otherwise specifically provided for under part 8 of these rules or under 40 CFR part 761.

(3) 40 CFR part 761 is adopted by reference in R 299.11003.

**History**
- *History: 1996 AACS; 1998-2000 AACS; 2020 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 299.9810** Used oil generators; requirements {#sec-r-299.9810 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9810}

Rule 810. (1) The requirements of this rule apply to a used oil generator, unless otherwise specified in subrule (2).

(2) The requirements of this rule do not apply to the following:

(a) A household do-it-yourselfer used oil generator.

(b) A farmer who generates, in a calendar year, an average of 25 gallons per month or less of used oil from vehicles or machinery used on the farm.

(3) A used oil generator shall comply with the provisions of 40 CFR 279.22, 279.23, and 279.24, except 279.22(a).

(4) A used oil generator shall not store used oil in units other than containers or tanks.

The used oil tanks may be used oil aboveground tanks.

(5) The provisions of 40 CFR 279.22, 279.23, and 279.24, except 279.22(a), are adopted by reference in R 299.11003. For the purposes of the adoption, the word "director" replaces the words "regional administrator."

**History**
- *History: 1996 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 299.9811** Used oil collection centers and aggregation points; requirements {#sec-r-299.9811 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9811}

Rule 811. (1) The requirements of this rule apply to an owner or operator of a used oil collection center or aggregation point.

(2) An owner or operator of a do-it-yourselfer used oil collection center, used oil collection center, or used oil aggregation point shall comply with both of the following requirements:

(a) The provisions of R 299.9810.

(b) Provide written notification of used oil management activities to the department.

**History**
- *History: 1996 AACS.*

##### **Mich. Admin. Code R 299.9812** Used oil transporters and transfer facilities; requirements {#sec-r-299.9812 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9812}

Rule 812. (1) The requirements of this rule apply to a used oil transporter unless otherwise specified in subrule (2) of this rule.

(2) The requirements of this rule do not apply to any of the following:

(a) The onsite transportation of used oil by the generator.

(b) A used oil generator that transports shipments of used oil that total 55 gallons or less from the generator to a used oil collection center as specified in the provisions of 40 CFR 279.24(a).

(c) A used oil generator that transports shipments of used oil that total 55 gallons or less from the generator to a used oil aggregation point that is owned or operated by the same generator as specified in the provisions of 40 CFR 279.24(b).

(d) The transportation of used oil from household do-it-yourselfers to a regulated used oil generator, used oil collection center, used oil aggregation point, processor or rerefiner, or a used oil burner. The exemption does not apply to the transportation of collected household do-it-yourselfer used oil from a used oil generator, used oil collection center, used oil aggregation point, or other facilities where household do-it-yourselfer used oil is collected.

(3) A used oil transporter and an owner or operator of a used oil transfer shall comply with the provisions of 40 CFR 279.41, 279.42, 279.43, 279.45, and 279.46, except 279.45(b).

(4) A used oil transporter shall ensure that the used oil being transported or stored at a transfer facility is not a hazardous waste pursuant to the provisions of R 299.9809(2)(b).

The determination must be made by testing the used oil, applying knowledge of the halogen content of the used oil in light of the materials or processes used, or by obtaining copies of analyses or other information from the generator. Records of the analyses conducted or information used to comply with this subrule must be maintained by the transporter for a period of not less than 3 years.

(5) An owner or operator of a used oil transfer facility shall not store used oil in units other than containers or tanks.

(6) A used oil transporter that generates residues from the storage or transport of used oil shall manage the residues in accordance with part 111 and these rules.

(7) The provisions of 40 CFR 279.24, 279.41, 279.42, 279.43, 279.45, and 279.46, except 279.45(b), are adopted by reference in R 299.11003. For the purposes of the adoption, the word "director" replaces the words "regional administrator," and the term "R 299.9813" replaces the words "subpart F of this chapter."

**History**
- *History: 1996 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 299.9813** Used oil processors and rerefiners; requirements {#sec-r-299.9813 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9813}

Rule 813. (1) The requirements of this rule apply to an owner or operator of a facility that processes used oil, unless otherwise specified in subrule (2) of this rule.

(2) The requirements of this rule do not apply to any of the following:

(a) Incidental processing that occurs during the normal course of transportation as provided in 40 CFR 279.41.

(b) Incidental processing that occurs during the normal course of used oil management before burning as provided in 40 CFR 279.61(b).

(c) A used oil generator that performs any of the following activities is not a processor if the used oil is generated onsite and is not being sent offsite to a burner of specification or off-specification used oil fuel:

(i) Filtering, cleaning, or otherwise reconditioning used oil before returning it for reuse by the generator.

(ii) Separating used oil from wastewater generated onsite to make the wastewater acceptable for discharge or reuse pursuant to section 307(b) or 402 of the federal clean water act, 33 USC 1317 and 1342, or other applicable federal or state requirements governing the management or discharge of wastewaters.

(iii) Using oil mist collectors to remove small droplets of used oil from in-plant air to make plant air suitable for continued recirculation.

(iv) Draining or otherwise removing used oil from materials that contain, or are otherwise contaminated with, used oil to remove excessive oil to the extent possible pursuant to the provisions of R 299.9809(2)(c).

(v) Filtering, separating, or otherwise reconditioning used oil before burning it in a space heater pursuant to the provisions of 40 CFR 279.23.

(3) An owner or operator of a facility that processes used oil shall comply with the provisions of 40 CFR 279.51, 279.52, 279.54, 279.55, 279.56, 279.57, and 279.58, except 279.54(a).

(4) An owner or operator of a facility that processes used oil shall ensure that the used oil is not a hazardous waste pursuant to the provisions of R 299.9809(2)(b). The determination must be made by testing the used oil or applying knowledge of the halogen content of the used oil in light of the materials or processes used. Records of the analyses conducted or information used to comply with this subrule must be maintained by the owner or operator for a period of not less than 3 years.

(5) An owner or operator of a facility that processes used oil shall not store used oil in units other than containers or tanks.

(6) An owner or operator of a facility that generates residues from the storage, processing, or rerefining of used oil shall manage the residues in accordance with part 111 and these rules.

(7) The provisions of 40 CFR 279.41, 279.51, 279.52, 279.54, 279.55, 279.56, 279.57, 279.58, and 279.61, except 279.54(a), are adopted by reference in R 299.11003. For the purposes of the adoption, the word "director" replaces the words "regional administrator" and the term "R 299.9813" replaces the words "subpart F of this chapter."

**History**
- *History: 1996 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 299.9814** Used oil burners that burn off-specification used oil for energy recovery; requirements {#sec-r-299.9814 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9814}

Rule 814. (1) The requirements of this rule apply to an owner or operator of a facility that burns used oil for energy recovery, unless otherwise specified in subrule (2) of this rule.

(2) The requirements of this rule do not apply to any of the following:

(a) A facility that burns used oil for energy recovery under either of the following conditions:

(i) The used oil is burned by a used oil generator in an onsite space heater pursuant to the provisions of 40 CFR 279.23.

(ii) The used oil is burned by a used oil processor or rerefiner for processing used oil, which is considered burning incidentally to used oil processing.

(b) A person that burns specification used oil if the burner complies with the requirements of R 299.9815.

(3) A used oil burner shall comply with both of the following restrictions on burning:

(a) Off-specification used oil fuel must be burned for energy recovery in only the following types of devices:

(i) An industrial furnace.

(ii) A boiler that meets 1 of the following criteria:

(A) It is an industrial boiler that is located on the site of a facility that is engaged in a manufacturing process where substances are transformed into new products, including component parts of products, by mechanical or chemical processes.

(B) It is a utility boiler that is used to produce electric power, steam, heated or cooled air, or other gases or fluids for sale.

(iii) A hazardous waste incinerator subject to regulation under part 6 of these rules.

(b) A used oil burner may aggregate off-specification used oil with virgin oil or specification used oil for burning but shall not conduct the aggregation for producing specification used oil fuel.

(4) A used oil burner shall comply with the provisions of 40 CFR 279.62, 279.64, 279.65, and 279.66, except 279.64(a).

(5) A used oil burner shall ensure that the used oil managed at the used oil burner facility is not a hazardous waste pursuant to the provisions of R 299.9809(2)(b). The determination must be made by testing the used oil, applying knowledge of the halogen content of the used oil in light of the materials or processes used, by obtaining copies of analyses or other information from the generator, or, if the used oil has been received from a processor or rerefiner regulated under the provisions of R 299.9813, using the information provided by the processor or rerefiner. Records of the analyses conducted or information used to comply with this subrule must be maintained by the burner for a period of not less than 3 years.

(6) A used oil burner shall not store used oil in units other than containers or tanks.

(7) A used oil burner that generates residues from the storage or burning of used oil shall manage the residues in accordance with part 111 and these rules.

(8) The provisions of 40 CFR 279.23, 279.62, 279.64, 279.65, and 279.66, except 279.64(a), are adopted by reference in R 299.11003. For the purposes of the adoption, the word "director" replaces the words "regional administrator."

Editor's Note: An obvious error in R 299.9814 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Michigan Register, 2025 MR 8. The memorandum requesting the correction was published in Michigan Register, 2025 MR 13.

**History**
- *History: 1996 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 299.9815** Used oil fuel marketers; requirements {#sec-r-299.9815 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9815}

Rule 815. (1) The requirements of this rule apply to a person that conducts either of the following activities:

(a) Directs a shipment of off-specification used oil from their facility to a used oil burner.

(b) First claims that the used oil that is to be burned for energy recovery meets the used oil specifications of R 299.9809(1)(f).

(2) The requirements of this rule do not apply to the following:

(a) A used oil generator, and a transporter that transports used oil that is received only from generators, unless the generator or transporter directs a shipment of off-specification used oil from their facility to a used oil burner. Used oil processors or rerefiners that burn some used oil fuel for processing are considered to be burning incidentally to processing.

A used oil generator or transporter that directs shipments of off-specification used oil to used oil processors or rerefiners that incidentally burn used oil is not a used oil fuel marketer subject the requirements of this rule.

(b) A person that directs shipments of specification used oil fuel and s not the first person to claim that the used oil meets the used oil specification of R 299.9809(1)(f).

(3) A used oil fuel marketer shall comply with all the following requirements:

(a) Initiate shipments of off-specification used oil only to a used oil burner that complies with both of the following requirements:

(i) Has a site identification number.

(ii) Burns the used oil in an industrial furnace or boiler as identified in R 299.9814(3)(a).

(b) Determine that the used oil that is to be burned for energy recovery meets the used oil specifications of R 299.9809(1)(f) by performing analyses of the used oil or by obtaining copies of analyses or other information documenting that the used oil meets the specifications.

(c) Maintain copies of the analyses of the used oil or other information used to make the determination that the used oil meets the used oil specifications of R 299.9809(1)(f) for a period of 3 years after the determination is made.

(d) The provisions of 40 CFR 279.73 and 279.75.

(e) Maintain a record of each shipment of off-specification used oil to a used oil burner for a period of not less than 3 years from the date of shipment. The records must take the form of a log, invoice, manifest, bill of lading, or other shipping documents. The records for each shipment must include all the following information:

(i) The name, address, and site identification number of the transporter that delivers the used oil to the burner.

(ii) The name, address, and site identification number of the burner that will receive the used oil.

(iii) The quantity of used oil shipped.

(iv) The date of the used oil shipment.

(f) Maintain a record of each shipment of specification used oil to the facilities to which the marketer delivers the used oil for a period of not less than 3 years from the date of shipment. The records must take the form of log, invoice, manifest, bill of lading, or other shipping documents. The records for each shipment must include all the following information:

(i) The name and address of the facility that receives the shipment.

(ii) The quantity of used oil fuel delivered.

(iii) The date of the shipment or delivery.

(iv) A cross-reference to the record of used oil analysis or other information used to make the determination that the used oil meets the used oil specifications of R 299.9809(1)(f).

(4) The provisions of 40 CFR 279.73 and 279.75 are adopted by reference in R 299.11003. For the purposes of the adoption, the word "director" replaces the words "regional administrator."

**History**
- *History: 1996 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 299.9816** Used oil disposal; requirements {#sec-r-299.9816 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9816}

Rule 816. (1) The requirements of this rule apply to all used oil that cannot be recycled and is therefore being disposed of. Used oil is assumed to be recycled unless the used oil handler disposes of the used oil or sends it for disposal.

(2) Used oil that is not hazardous waste and cannot be recycled in accordance with the provisions of R 299.9810 to R 299.9815 must be managed in accordance with the applicable federal and state regulations.

(3) The use of used oil as a dust suppressant is prohibited.

**History**
- *History: 1996 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 299.9817** Military munitions; applicability {#sec-r-299.9817 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9817}

Rule 817. (1) Persons handling waste military munitions shall comply with the requirements of this rule and R 299.9818 to R 299.9821.

(2) Unless otherwise specified in this rule or R 299.9818 to R 299.9821, all applicable requirements of these rules apply to waste military munitions.

(3) A military munition is not a waste if it meets one of the following criteria:

(a) It is used for its intended purpose, including any of the following:

(i) Use in training military personnel or explosives and munitions emergency response specialists that may include the destruction of unused propellant or other munitions.

(ii) Use in research, development, testing, and evaluation of military munitions, weapons, or weapons systems.

(iii) Recovery, collection, and on-range destruction of unexploded ordnance and munitions fragments during range clearance activities at active or inactive ranges.

However, in this case, "use for intended purpose" does not include the on-range disposal or burial of unexploded ordnance and contaminants if the burial is not a result of product use.

(b) It is an unused munition, or component thereof, which is being repaired, reused, recycled, reclaimed, disassembled, reconfigured, or otherwise subjected to materials recovery activities, unless the activities involve use constituting disposal or burning for energy recovery under R 299.9202.

(4) An unused military munition is a waste if any of the following occurs:

(a) The munition is abandoned by being disposed of, burned, detonated, incinerated, (b) The munition is being removed from storage in a military magazine or other storage area for being disposed of, burned, or incinerated, or treated before disposal.

(c) The munition is deteriorated or damaged to the point that it cannot be put into serviceable condition and cannot reasonably be recycled or used for other purposes. For the purposes of this provision, the term “damaged” means cracked, leaking, or other impairment that compromises the integrity of the munition.

(d) The munition has been declared a waste by an authorized military official.

(5) A used or fired military munition is a waste if either of the following occurs:

(a) The munition is transported off range or from the site of use, where the site of use is not a range, for storage, reclamation, treatment, disposal, or treatment before disposal.

(b) If the munition is recovered, collected, and disposed of by burial, or landfilling either on or off range.

(6) For the purposes of part 111, a used or fired military munition is a waste and therefore, is potentially subject to corrective action and imminent and substantial endangerment authorities under part 111, if the munition lands off-range and is not promptly rendered safe or retrieved. Any imminent and substantial threats associated with any remaining material must be addressed. If remedial action is infeasible, the operator of the range shall maintain a record of the event for as long as any threat remains. The record must include the type of munition and its location to the extent the location is known.

**History**
- *History: 1998- 2000 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 299.9818** Military munitions; waste munitions transportation standards {#sec-r-299.9818 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9818}

Rule 818. (1) A person transporting waste military munitions shall comply with the requirements of 40 CFR 266.203.

(2) The provisions of 40 CFR 266.203 are adopted by reference in R 299.11003. For the purposes of the adoption, the words "40 CFR part 261" mean "part 2 of these rules" and the words "40 CFR parts 260 to 270" mean "these rules."

**History**
- *History: 1998- 2000 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 299.9819** Military munitions; emergency response standards {#sec-r-299.9819 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9819}

Rule 819. Explosives and munitions emergencies involving military munitions or explosives must comply with R 299.9301(8), R 299.9401(6), R 299.9501(3), and R 299.9503(2).

**History**
- *History: 1998-2000 AACS; 2004 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 299.9820** Military munitions; waste munitions storage standards {#sec-r-299.9820 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9820}

Rule 820. (1) Any person storing waste military munitions shall comply with the requirements of 40 CFR 266.205(a), (b), (d), and (e)

(2) Any person not complying with the criteria outlined in 40 CFR 266.205(a) is subject to the requirements of parts 5 and 6 of these rules.

(3) The provisions of 40 CFR 266.205(a), (b), (d), and (e) are adopted by reference in R 299.11003. For the purposes of this adoption, the words "part 2 of these rules" replace the words "40 CFR part 261," the words "the act and these rules” replace the words "RCRA subtitle C," and the words "these rules" replace the words "40 CFR parts 260 through 279."

**History**
- *History: 1998- 2000 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 299.9821** Military munitions; waste munitions standards {#sec-r-299.9821 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9821}

Rule 821. The treatment and disposal of military munitions that are considered a hazardous waste under these rules are subject to all the applicable licensing, procedural, and technical requirements of these rules.

**History**
- *History: 1998- 2000 AACS; 2013 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 299.9822** Low-level mixed waste storage and treatment; conditional exemption, eligibility, and standards {#sec-r-299.9822 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9822}

Rule 822. (1) Persons storing and treating LLMW shall comply with these rules unless otherwise specified in this rule.

(2) LLMW is exempt from the definition of hazardous waste under the storage and treatment conditional exemption if both of the following requirements are met:

(a) The LLMW meets the eligibility requirements of subrule (3) of this rule.

(b) Persons storing and treating the LLMW comply with subrule (4) of this rule.

(3) LLMW is eligible for the LLMW storage and treatment conditional exemption if it is generated and managed under a single NRC or NRC agreement state license. A facility that receives LLMW generated at a facility with a different NRC or NRC agreement state license number is subject to the operating license requirements under parts 5 and 6 of these rules and is ineligible for the conditional exemption in subrule (2) of this rule. NARM waste is also ineligible for the conditional exemption in subrule (2) of this rule.

(4) To qualify for and maintain the LLMW storage and treatment conditional exemption, persons storing and treating LLMW shall comply with all the following requirements:

(a) Provide to the department by certified delivery written notification that the conditional exemption is being claimed. The notification must be provided to the department within 90 days after the effective date of this rule or within 90 days after a storage or treatment unit is first used to store or treat conditionally exempt LLMW. The dated notification shall include all the following information:

(i) The applicant's name.

(ii) The applicant's address.

(iii) The applicant's site identification number.

(iv) The applicant's NRC or NRC agreement state license number.

(v) The hazardous waste number or numbers of the waste for which the exemption is being sought.

(vi) The storage unit or units and treatment unit or units for which the exemption is being sought.

(vii) A statement that the applicant meets the conditions of this rule.

(viii) The signature of an authorized representative certifying that the information in the notification is true, accurate, and complete.

(b) Store the LLMW in tanks or containers that comply with the requirements of the NRC or NRC agreement state license that apply to the proper storage of LLRW, not including those requirements that relate solely to recordkeeping.

(c) Store the LLMW in tanks or containers that comply with the chemical compatibility requirements for tanks or containers in part 6 of these rules.

(d) Certify that facility personnel that manage stored conditionally exempt LLMW are trained in a manner that ensures that the conditionally exempt waste is safely managed and includes training in chemical waste management and hazardous materials incidents response that meets the personnel training standards of 40 CFR 265.16(a)(3).

(e) Conduct an inventory of the stored conditionally exempt LLMW not less than annually and inspect the waste not less than quarterly for compliance with this rule and R 299.9823, as applicable.

(f) Maintain an accurate emergency plan and provide the plan to all local authorities that may have to respond to a fire, explosion, or release of hazardous waste or hazardous constituents. The plan must include all the following information:

(i) A description of the emergency response arrangements with local authorities.

(ii) A description of the evacuation plans.

(iii) A list of the names, addresses, and telephone numbers of all facility personnel qualified to work with local authorities as emergency coordinators.

(iv) A list of the emergency equipment.

(g) Only treat the LLMW at the facility within a tank or container pursuant to the terms of the NRC or NRC agreement state license. Treatment that cannot be conducted in a tank or container without an operating license under these rules, such as incineration, is not allowed under the conditional exemption of subrule (2) of this rule.

(5) Failure to comply with the requirements of subrule (4) of this rule must result in the automatic loss of the conditional exemption of subrule (2) of this rule. If the exemption is lost, the person handling the LLMW shall comply with all the following requirements:

(a) Immediately manage the waste associated with the failure as a hazardous waste. The associated storage or treatment unit or units become subject to the hazardous waste tank and container storage and treatment requirements of these rules, as applicable.

(b) Provide a written report by certified delivery to the department and the NRC, or the oversight agency in the NRC agreement state. The report must be submitted within 30 days after learning of the failure to comply. The report must be signed by an authorized representative certifying that the information provided in the report is true, accurate, and complete. The report must include all the following information:

(i) The specific conditions that were not met.

(ii) The waste name associated with the LLMW.

(iii) The hazardous waste number associated with the LLMW.

(iv) The quantity of LLMW involved.

(v) The storage or treatment location at the facility.

(vi) The date or dates that the failure to meet the conditions occurred.

(6) If the failure to meet any of the LLMW storage and treatment conditional exemption conditions may endanger human health or the environment, oral notification to the department must be made within 24 hours and follow-up written notification must be provided within 5 days. Failures that may endanger human health or the environment include, but are not limited to, the discharge of a CERCLA reportable quantity, leaking or exploding tanks or containers, detection of radionuclides above background, or detection of hazardous constituents in the leachate collection system of a storage area. Failures that may endanger human health or the environment require execution of emergency plans.

(7) The department may terminate a LLMW storage and treatment conditional exemption, or require additional conditions to claim an exemption, for serious or repeated noncompliance with any of the requirements of this rule and R 299.9823.

(8) Persons that have lost their LLMW storage and treatment conditional exemption may regain their exemption by complying with all the following requirements:

(a) Complying with subrule (4) of this rule.

(b) Providing to the department by certified delivery written notification that the exemption is being reclaimed. The notification must be signed by an authorized representative certifying that the information contained in the notice is true, accurate, and complete. The notification must contain all the following information:

(i) An explanation of the circumstances surrounding each failure to comply.

(ii) A certification that each failure has been corrected and that all the conditions required for the exemption have been met as of the specified date.

(iii) A description of the plans that have been implemented, listing the specific steps taken to ensure that all the conditions required for the exemption will be met in the future.

(iv) Other information that should be considered by the department in reviewing the notice to reclaim the exemption.

(9) The department may terminate a reclaimed LLMW storage and treatment conditional exemption if the department finds that the claim is inappropriate based on factors including, but not limited to, any of the following:

(a) Not correcting the problem that resulted in loss of the exemption.

(b) Providing an unsatisfactory explanation of the circumstances surrounding the failure to comply with the requirements for the exemption.

(10) When reviewing a request to reclaim the LLMW storage and treatment conditional exemption under subrule (8) of this rule, the department may add additional conditions to the LLMW storage and treatment conditional exemption to ensure that the waste management during the storage and treatment of the waste will protect human health and the environment.

(11) In addition to the records required by a NRC or NRC agreement state license, all the following records must be maintained:

(a) Initial notification records, return receipts, reports regarding failure to meet the exemption conditions, and all records supporting any reclamation of an exemption.

(b) Records of the LLMW annual inventories and quarterly inspections.

(c) Certification that facility personnel that manage stored or treated LLMW are trained in the safe management of the waste, including training in chemical waste management and hazardous materials incidents response.

(d) The emergency plan specified in subrule (4)(f) of this rule.

(12) Records concerning notifications, personnel training, and emergency plans must be maintained at the facility for as long as the LLMW storage and treatment conditional exemption is claimed and for 3 years afterwards, or pursuant to NRC regulations under 10 CFR part 20 or equivalent NRC agreement state regulations, whichever is longer.

Records concerning annual inventories and quarterly inspections must be maintained at the facility for 3 years after the waste is sent for disposal, or pursuant to NRC regulations under 10 CFR part 20 or equivalent NRC agreement state regulations, whichever is longer.

(13) The LLMW storage and treatment conditional exemption does not apply in the following situations:

(a) Once the LLMW has met the requirements of the NRC or NRC agreement state license for decay-in-storage and can be disposed of as nonradioactive waste. On that date, the waste is subject to regulation as a hazardous waste under these rules and the time period for accumulation of hazardous waste specified in part 3 of these rules begins.

(b) Once the LLMW, which has been generated and stored or treated under a single NRC or NRC agreement state license number, is removed from storage. However, the LLMW may qualify for the transportation and disposal conditional exemption in R 299.9823.

(14) Facilities that have been used to store only LLMW before the effective date of this rule, and after that date, store only LLMW, which becomes exempt under this rule or R 299.9823, are not subject to the closure requirements of part 6 of these rules. Storage and treatment units, or portions of storage and treatment units, that have been used to store both LLMW and non-mixed hazardous waste before the effective date of this rule or are used to store both wastes after that date, remain subject to the closure requirements with respect to the non-mixed hazardous waste.

(15) The provisions of 10 CFR part 20 and 40 CFR 265.16(a)(3) are adopted by reference in R 299.11003.

**History**
- *History: 2004 AACS; 2013 AACS; 2017 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 299.9823** Low-level mixed waste and NARM waste transportation and disposal; conditional exemption, eligibility, and standards {#sec-r-299.9823 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9823}

Rule 823. (1) Persons transporting and disposing of LLMW and NARM waste shall comply with the requirements of these rules unless otherwise specified in this rule.

(2) LLMW and NARM waste are exempt from the definition of hazardous waste under the transportation and disposal conditional exemption if both of the following requirements are met:

(a) The waste meets the eligibility requirements of subrule (3) of this rule.

(b) Persons transporting or disposing of the waste comply with subrule (4) of this rule.

(3) Waste is eligible for the transportation and disposal conditional exemption if it meets the LLMW acceptance criteria of a low-level radioactive waste disposal facility or is eligible NARM waste.

(4) To qualify for and maintain the transportation and disposal conditional exemption, persons transporting or disposing of LLMW or eligible NARM waste shall comply with all the following requirements:

(a) Provide to the department by certified delivery a 1-time written notification that the exemption is being claimed. This notification must be provided before the initial shipment of exempted radioactive waste from the facility to a low-level radioactive waste disposal facility. The dated notification must include all the following information:

(i) The name of the facility from which the waste will be shipped.

(ii) The address of the facility from which the waste will be shipped.

(iii) The telephone number of the facility from which the waste will be shipped.

(iv) The site identification number of the facility from which the waste will be shipped.

(b) A notification to the low-level radioactive waste disposal facility receiving the exempted radioactive waste. The notification must be sent by certified delivery and provided before shipment of each exempted radioactive waste. The exempted radioactive waste may only be shipped when the facility shipping the waste has received the return receipt of the notice to the low-level radioactive waste disposal facility. The notification must include all the following information:

(i) A statement that the exemption is being claimed for the waste.

(ii) A statement that the eligible waste meets the applicable land disposal restriction treatment standards.

(iii) The shipping facility's name.

(iv) The shipping facility's address.

(v) The shipping facility's site identification number.

(vi) The applicable hazardous waste number or numbers before the exemption of the waste.

(vii) A statement that the exempted radioactive waste must be placed in a container pursuant to subdivision (e) of this subrule before disposal in order for the waste to remain exempt under the transportation and disposal conditional exemption.

(viii) The manifest number of the shipment that will contain the exempted radioactive waste.

(ix) The signature of an authorized representative certifying that the information in the notification is true, accurate, and complete.

(c) The LLMW and eligible NARM waste must meet or be treated to meet the land disposal restriction treatment standards specified in 40 CFR part 268, subpart D.

(d) If a person is not already subject to NRC or NRC agreement state equivalent manifest and transportation regulations for shipping waste, the person shall manifest the waste pursuant to 10 CFR 20.2006, or NRC agreement state equivalent regulations, and transport the waste pursuant to 10 CFR 71.5, or NRC agreement state equivalent regulations.

(e) The LLMW and eligible NARM waste must be in containers when it is disposed of in the low-level radioactive waste disposal facility. The containers must be 1 of the following:

(i) A carbon steel drum.

(ii) An alternative container with equivalent containment performance in the disposal environment as a carbon steel drum.

(iii) A high integrity container as defined by NRC.

(f) The LLMW and eligible NARM waste must be disposed of at a designated low-level radioactive waste disposal facility that is regulated and licensed by the NRC under 10 CFR part 61 or by an NRC agreement state under equivalent state regulations, including state NARM licensing regulations for eligible NARM waste.

(5) The transportation and disposal conditional exemption shall become effective when all the following requirements have been met:

(a) The LLMW and eligible NARM waste meets the applicable land disposal restriction treatment standards.

(b) The shipping facility has received return receipts that the department and the low-level radioactive waste disposal facility have received the notifications referenced in subrule (4) of this rule.

(c) The shipping facility has completed the packaging and preparation for shipment requirements for the waste according to 10 CFR part 71 or NRC agreement state equivalent regulations, and the manifest for the waste has been prepared according to 10 CFR part 20 or NRC agreement state equivalent regulations.

(d) The LLMW and eligible NARM waste has been placed on a transportation vehicle destined for a low-level radioactive waste disposal facility licensed by the NRC or an NRC agreement state.

(6) Failure to comply with subrule (4) of this rule results in the automatic loss of the conditional exemption of subrule (2) of this rule. If the exemption is lost, the person handling the LLMW or eligible NARM waste shall provide a written report by certified delivery to the department and the NRC, or the oversight agency in the NRC agreement state. The report must be submitted within 30 days after learning of the failure to comply.

The report must be signed by an authorized representative certifying that the information provided in the report is true, accurate, and complete. The report must include all the following information:

(a) The specific conditions that were not met.

(b) The name of the waste losing the exemption.

(d) The quantity of waste losing the exemption.

(e) The dates on which the failure to meet the conditions occurred.

(7) If the failure to meet any of the transportation and disposal conditional exemption conditions may endanger human health or the environment, oral notification to the department must be made within 24 hours and follow up written notification must be provided within 5 days.

(8) The department may terminate a transportation and disposal conditional exemption, or require additional conditions to claim an exemption, for serious or repeated noncompliance with any of the requirements of this rule and R 299.9822.

(9) A person that has lost a transportation and disposal conditional exemption may regain an exemption. The exemption may only be reclaimed after receipt of the return receipt confirming that the department has received the notification of loss of the exemption, and by complying with all the following requirements:

(a) Complying with subrule (4) of this rule.

(i) An explanation of the circumstances surrounding each failure to comply.

(ii) A certification that each failure has been corrected and that all the conditions required for the exemption have been met as of the specified date.

(iii) A description of the plans that have been implemented, listing the specific steps taken to ensure that all the conditions required for the exemption will be met in the future.

(iv) Other information that should be considered by the department in reviewing the notice to reclaim the exemption.

(10) The department may terminate a reclaimed transportation and disposal conditional exemption if the department finds that the claim is inappropriate based on factors including, but not limited to, any of the following:

(a) Not correcting the problem that resulted in loss of the exemption.

(b) Providing an unsatisfactory explanation of the circumstances surrounding the failure to comply with the requirements for the exemption.

(11) When reviewing a request to reclaim the transportation and disposal conditional exemption, the department may add additional conditions to the transportation and disposal conditional exemption to ensure that the waste management during the transportation and disposal activities will protect human health and the environment.

(12) In addition to the records required by a NRC or NRC agreement state license, all the following records must be maintained:

(a) The records required pursuant to R 299.9601(1) and (2) and 40 CFR 268.7 to demonstrate that the waste has met the land disposal restriction treatment standards before claiming the exemption.

(b) Notification records and return receipts required pursuant to subrules (6), (7), and (9) of this rule. This information must be maintained at the facility for 3 years after the exempted radioactive waste is sent for disposal.

(c) Notification records and return receipts required pursuant to subrule (4)(a) of this rule. This information must be maintained for 3 years after the last exempted radioactive waste is sent for disposal.

(d) Notification records and return receipts required pursuant to subrule (4)(b) of this rule. This information must be maintained for 3 years after the exempted radioactive waste is sent for disposal.

(e) If a person is not already subject to the NRC or NRC agreement state equivalent manifest and transportation regulations for the shipment of the waste, all other documents related to tracking the exempted radioactive waste as required under 10 CFR 20.2006 or NRC agreement state equivalent regulations, including applicable NARM requirements.

(13) The provisions of 10 CFR 71.5, and 10 CFR parts 20 and 61 are adopted by reference in R 299.11003.

Editor's Note: An obvious error in R 299.9823 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Michigan Register, 2025 MR 8. The memorandum requesting the correction was published in Michigan Register, 2025 MR 13.

**History**
- *History: 2004 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 299.9824** Hazardous waste pharmaceuticals and hazardous waste ENDS; applicability {#sec-r-299.9824 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9824}

Rule 824. (1) A healthcare facility or ENDS retailer that is a very small quantity generator when counting all its hazardous waste, including both hazardous waste pharmaceuticals and non-pharmaceutical hazardous waste, shall comply with all the following requirements:

(a) R 299.9304.

(b) The optional provisions of R 299.9827.

(d) R 299.9830.

(2) A healthcare facility or ENDS retailer that is a very small quantity generator when counting all its hazardous waste, including both hazardous waste pharmaceuticals and non-pharmaceutical hazardous waste, may comply with subrule (4) of this rule for management of its hazardous waste pharmaceuticals and hazardous waste ENDS instead of R 299.9304 and the optional provisions of R 299.9827.

(3) A healthcare facility, ENDS retailer, or reverse distributor is subject to all applicable hazardous waste regulations for management of its non-pharmaceutical hazardous waste.

(4) With the exception of healthcare facilities and ENDS retailers identified in subrule (1) of this rule, a healthcare facility or ENDS retailer is subject to all the following requirements instead of parts 3 to 7 of these rules:

(a) R 299.9825 and R 299.9828 to R 299.9831 for management of the following:

(i) Non-creditable hazardous waste.

(ii) Potentially creditable hazardous waste pharmaceuticals if they are not destined for a reverse distributor.

(b) R 299.9825(1), R 299.9826, R 299.9828 to R 299.9830, and R 299.9832 for management of potentially creditable hazardous waste pharmaceuticals that are prescription pharmaceuticals and destined for a reverse distributor.

(5) A reverse distributor is subject to R 299.9828 to R 299.9833 instead of parts 3 to 7 of these rules for management of hazardous waste pharmaceuticals.

(6) Hazardous waste pharmaceuticals and hazardous waste ENDS generated or managed by entities other than healthcare facilities, ENDS retailers, or reverse distributors are subject to part 3 of these rules for the generation and accumulation of hazardous wastes, including hazardous waste pharmaceuticals and hazardous waste ENDS.

(7) The following are not subject to these rules, except as specified:

(a) Pharmaceuticals and ENDS that are not wastes because they are legitimately used or reused or reclaimed.

(b) Non-prescription pharmaceuticals and ENDS that are not wastes because they have a reasonable expectation of being legitimately used, reused, or reclaimed.

(c) Pharmaceuticals and ENDS being managed in accordance with a recall strategy that has been approved by the FDA under 21 CFR part 7, subpart C. R 299.9824 to R 299.9833 apply to the management of the recalled hazardous waste pharmaceuticals and hazardous waste ENDS after the FDA approves the destruction of the recalled items.

(d) Pharmaceuticals and ENDS managed in accordance with a recall corrective action plan that has been accepted by the Consumer Product Safety Commission under 16 CFR part 1115. R 299.9824 to R 299.9833 apply to the management of the recalled hazardous waste pharmaceuticals and hazardous waste ENDS after the Consumer Product Safety Commission approves the destruction of the recalled items.

(e) Pharmaceuticals and ENDS stored according to a preservation order, or during an investigation or judicial proceeding until after the preservation order, investigation, or judicial proceeding has concluded or a decision is made to discard the pharmaceuticals and ENDS.

(f) Investigational new drugs for which an investigational new drug application is in effect in accordance with the FDA’s regulations in 21 CFR part 312. R 299.9824 to R 299.9833 do apply to the management of the investigational new drug after the decision is made to discard the drug or the FDA approves the destruction of the drug if the drug is a hazardous waste.

(g) Household waste pharmaceuticals and household waste ENDS, including those that have been collected by an authorized collector, if the authorized collector complies with the conditional exemption in R 299.9829(1).

(8) The provisions of 16 CFR part 1115; 21 CFR part 7, subpart C; and 21 CFR part 312 are adopted by reference in R 299.11004.

**History**
- *History: 2025 AACS.*

##### **Mich. Admin. Code R 299.9825** Hazardous waste pharmaceuticals and hazardous waste ENDS; standards for healthcare facilities and ENDS retailers managing non-creditable hazardous waste pharmaceuticals and hazardous waste ENDS {#sec-r-299.9825 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9825}

Rule 825. (1) The requirements of this rule apply to healthcare facilities managing non-creditable hazardous waste pharmaceuticals and ENDS retailers managing hazardous waste ENDS under R 299.9824 to R 288.9833. Healthcare facilities and ENDS retailers shall determine if their non-creditable pharmaceutical wastes or ENDS are a hazardous waste. The healthcare facility or ENDS retailer may choose to manage its non-hazardous waste pharmaceuticals or ENDS as non--creditable hazardous wastes.

(2) Healthcare facilities or ENDS retailers shall notify the director that they are a healthcare facility or ENDS retailer operating under R 299.9824 to R 299.9833, using Michigan site identification form EQP5150, and obtain a site identification number if they do not already have one. The healthcare facility or ENDS retailer is not required to complete the portion of item 12 of the form on hazardous waste numbers for regulated hazardous waste for hazardous waste pharmaceuticals or hazardous waste ENDS. Separate notifications are required for each location or site identification number. The healthcare facility or ENDS retailer shall keep a copy of each notification on file for as long as the healthcare facility or ENDS retailer is subject to R 299.9824 to R 299.9833.

(3) The notification required in subrule (2) of this rule must be submitted as follows:

(a) As part of the healthcare facility or ENDS retailer’s next biennial report if it is required to submit one. Healthcare facilities and ENDS retailers are not subject to the biennial reporting requirements under R 299.9312, with respect to non-creditable hazardous waste pharmaceuticals or hazardous waste ENDS managed under R 299.9824 to R 299.9833.

(b) If not required to submit a biennial report, within 60 days after the effective date of R 299.9824 to R 299.9833 or within 60 days after becoming subject to R 299.9824 to R 299.9833.

(4) A healthcare facility or ENDS retailer that operated under R 299.9824 to R 299.9833 but is no longer subject to those rules because it is a very small quantity generator under R 299.9304 and elects to withdraw from regulation under R 299.9824 to R 299.9833, shall notify the director, using the Michigan site identification form EQP5150, that it is no longer operating under R 299.9824 to R 299.9833. Withdraw notifications do not require completion of the portion of item 12 of the form on hazardous waste numbers for regulated hazardous waste for hazardous waste pharmaceuticals or hazardous waste ENDS. Separate notifications are required for each location or site identification number. Withdraw notifications must be submitted before beginning operation under the conditional exemption in R 299.9304. The healthcare facility or ENDS retailer shall keep a copy of each withdraw notification on file for 3 years from the date of signature on the notification.

(5) The healthcare facility or ENDS retailer shall ensure that all personnel that manage non-creditable hazardous waste pharmaceuticals or hazardous waste ENDS are thoroughly familiar with proper waste handling and emergency procedures relevant to their responsibilities during normal facility operations and emergencies.

(6) A healthcare facility or ENDS retailer accumulating non-creditable hazardous waste pharmaceuticals or hazardous waste ENDS shall comply with all the following container management requirements:

(a) Non-creditable hazardous waste pharmaceuticals and hazardous waste ENDS must be placed in containers that are structurally sound, compatible with their contents, and lack evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions.

(b) Manage containers of ignitable or reactive non-creditable hazardous waste pharmaceuticals or hazardous waste ENDS or mixed or commingled incompatible non-creditable hazardous waste pharmaceuticals or hazardous waste ENDS in a manner that does not have the potential to do any of the following:

(i) Generate extreme heat or pressure, fire or explosion, or violent reaction.

(ii) Produce uncontrolled toxic mists, fumes, dusts, or gases in sufficient quantities to threaten human health.

(iii) Produce uncontrolled flammable fumes or gases in sufficient quantities to pose a risk of fire or explosion.

(iv) Damage the structural integrity of the container.

(v) Otherwise threaten human health or the environment.

(d) Accumulate non-creditable hazardous waste pharmaceuticals or hazardous waste ENDS that are prohibited from being combusted because of the dilution prohibition under 40 CFR 268.3(c) and non-hazardous non-creditable waste pharmaceuticals in separate containers.

(e) Label or clearly mark each container of non-creditable hazardous waste pharmaceuticals or hazardous waste ENDS with the phrase "Hazardous Waste Pharmaceuticals" or “Hazardous Waste Electronic Nicotine Delivery Systems”, respectively, and all applicable hazardous waste numbers.

(7) A healthcare facility or ENDS retailer may accumulate non-creditable hazardous waste pharmaceuticals or hazardous waste ENDS on-site for 1 year or less without an operating license or having interim status under these rules. The healthcare facility or ENDS retailer shall demonstrate the length of time the non-creditable hazardous waste pharmaceuticals or hazardous waste ENDS have been accumulating, starting from the date the pharmaceuticals or ENDS first become a waste. A healthcare facility or ENDS retailer may make this demonstration by any of the following methods:

(a) Marking or labeling containers of non-creditable hazardous waste pharmaceuticals or hazardous waste ENDS with the date that the pharmaceuticals or ENDS became a waste.

(b) Maintaining an inventory system that identifies the date the non-creditable hazardous waste pharmaceuticals or hazardous waste ENDS being accumulated first became a waste.

(c) Placing the non-creditable hazardous waste pharmaceuticals in a specific area and identifying the earliest date that any of the pharmaceuticals in the area became a waste.

(d) Placing the hazardous waste ENDS in a specific area and identifying the earlier date that any of the systems in the area became a waste.

(8) A healthcare facility accumulating non-creditable hazardous waste pharmaceuticals or an ENDS retailer accumulating hazardous waste ENDS shall comply with the requirements of 40 CFR part 268, except that the facility or retailer is not required to identify the hazardous waste numbers on the land disposal restrictions notification.

(9) A healthcare facility that sends a shipment of non-creditable hazardous waste pharmaceuticals or an ENDS retailer that sends a shipment of hazardous waste ENDS to a designated facility with the understanding that the designated facility can accept and manage the waste, shall comply with the following requirements:

(a) If the healthcare facility or ENDS retailer later receives that shipment back as a rejected load under the manifest discrepancy provisions of R 299.9608, accumulate the returned non-creditable hazardous waste pharmaceuticals or hazardous waste ENDS on-site for up to an additional 90 days if the returned shipment is managed in accordance with subrule (6) of this rule. On receipt of the returned shipment, the healthcare facility or ENDS retailer shall do all the following:

(i) Sign either item 18c of the original manifest if the original manifest was used for the returned shipment or item 20 of the new manifest if a new manifest was used for the returned shipment.

(ii) Provide the transporter with a copy of the manifest.

(iii) Within 30 days of receipt of the rejected shipment, send a copy of the manifest to the designated facility that returned the shipment.

(iv) Within 90 days of receipt of the rejected shipment, transport or offer for transport the returned shipment in accordance with R 299.9831(1).

(b) If the healthcare facility or ENDS retailer does not receive a copy of the manifest with the signature of the owner or operator of the designated facility within 60 days of the date the non-creditable hazardous waste pharmaceuticals or hazardous waste ENDS were accepted by the initial transporter, the healthcare facility or ENDS retailer shall submit to the director both of the following:

(i) A legible copy of the original manifest, indicating that the healthcare facility or ENDS retailer has not received confirmation of delivery.

(ii) A handwritten or typed note on the manifest itself, or on an attached sheet of paper, stating that the return copy was not received and explaining the efforts taken to locate the non-creditable hazardous waste pharmaceuticals or hazardous waste ENDS and the results of those efforts.

(c) If the healthcare facility or ENDS retailer does not receive a copy of the manifest for a rejected shipment of the non-creditable hazardous waste pharmaceuticals or hazardous waste ENDS that is forwarded by the designated facility to an alternate facility, with the signature of the owner or operator of the alternate facility within 60 days of the date the non-creditable hazardous waste pharmaceuticals or hazardous waste ENDS were accepted by the initial transporter forwarding the shipment from the designated facility to the alternate facility, the healthcare facility or ENDS retailer shall submit to the director both of the following:

(i) A legible copy of the original manifest, indicating that the healthcare facility or has not received confirmation of delivery.

(10) The director may require healthcare facilities or ENDS retailers to furnish additional reports on the quantities and disposition of non-creditable hazardous waste pharmaceuticals or hazardous waste ENDS.

(11) A healthcare facility or ENDS retailer shall keep the following records for the specified time periods, unless automatically extended during any unresolved enforcement action regarding the regulated activity or requested by the director, and make them readily available to the department up request:

(a) A copy of each manifest signed in accordance with R 299.9309 for 3 years or until it receives a signed copy from the designated facility that received the non-creditable hazardous waste pharmaceuticals or hazardous waste ENDS. This signed copy must be retained for not less than 3 years from the date the waste was accepted by the initial transporter.

(b) Each report submitted under subrule (9) of this rule for a period of not less than 3 years from the date of the report.

(c) Any test results, waste analyses, or other determinations made to support its hazardous waste determinations consistent with R 299.9302, for not less than 3 years from the date the waste was last sent to on-site or off-site treatment, storage, or disposal. A facility that manages all its non-creditable non-hazardous waste pharmaceuticals as noncreditable hazardous waste pharmaceuticals or an ENDS retailer that manages all its non-hazardous waste ENDS as hazardous waste ENDS is not required to keep documentation of hazardous waste determinations.

(12) Healthcare facilities and ENDS retailers shall immediately contain all spills of non-creditable hazardous waste pharmaceuticals and hazardous waste ENDS and manage the spill clean-up materials as non-creditable hazardous waste pharmaceuticals or hazardous waste ENDS in accordance with the requirements of R 299.9824 to R 299.9833.

(13) A healthcare facility or ENDS retailer may accept noncreditable hazardous waste pharmaceuticals or hazardous waste ENDS from an offsite healthcare facility or ENDS retailer that is a very small quantity generator, without an operating license or having interim status under these rules, if the receiving healthcare facility or ENDS retailer meets the following requirements:

(a) Is under the control of the same person as the very small quantity generator healthcare facility or ENDS retailer that is sending the non-creditable hazardous waste pharmaceuticals or hazardous waste ENDS off-site or has a contractual or other documented business relationship whereby the receiving healthcare facility or ENDS retailer supplies pharmaceuticals or ENDS to the very small quantity generator healthcare facility or ENDS retailer. As used in this subdivision, "control" means the power to direct the policies of the healthcare facility or ENDS retailer, whether by the ownership of stock, voting rights, or otherwise, except contractors that operate healthcare facilities or ENDS retailers on behalf of a different person do not control the healthcare facilities or ENDS retailers management of its non-creditable hazardous waste pharmaceuticals or hazardous waste ENDS.

(b) Manages the non-creditable hazardous waste pharmaceuticals or hazardous waste ENDS that it receives from off-site in compliance with R 299.9824 to R 299.9833.

(c) Keeps records of the non-creditable hazardous waste pharmaceuticals or hazardous waste ENDS shipments it receives from off-site for 3 years from the date that the shipment is received. This period of retention is extended automatically during any unresolved enforcement action regarding the regulated activity or as requested by the director.

Editor's note: An obvious error in R 299.9825 was corrected at the request of the promulgating agency, pursuant to section 56 of 1969 pa 306, as amended by 2000 pa 262, mcl 24.256. The rule containing the error was published in Michigan Register, 2025 MR 8. The memorandum requesting the correction was published in Michigan Register, 2025 MR 13.

**History**
- *History: 2025 AACS.*

##### **Mich. Admin. Code R 299.9826** Hazardous waste pharmaceuticals; standards for healthcare facilities managing potentially creditable hazardous waste pharmaceuticals {#sec-r-299.9826 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9826}

Rule 826. (1) The requirements of this rule apply to healthcare facilities managing potentially creditable hazardous waste pharmaceuticals under R 299.9824 to R 288.9833.

Healthcare facilities shall determine if their potentially creditable pharmaceutical waste is a hazardous waste pharmaceutical. A healthcare facility may choose to manage its potentially creditable nonhazardous waste pharmaceuticals as potentially creditable hazardous waste pharmaceuticals.

(2) A healthcare facility may accept potentially creditable hazardous waste pharmaceuticals from an offsite healthcare facility that is a very small quantity generator under R 299.9304, without an operating license or interim status under these rules, if the receiving healthcare facility meets all the following requirements:

(a) Is under the control of the same person as the very small quantity generator healthcare facility that is sending the potentially creditable hazardous waste pharmaceuticals off-site or has a contractual or other documented business relationship whereby the receiving healthcare facility supplies pharmaceuticals to the very small quantity generator healthcare facility. As used in this subdivision, "control" means the power to direct the policies of the healthcare facility, whether by the ownership of stock, voting rights, or otherwise, except contractors that operate healthcare facilities on behalf of a different person do not control the healthcare facilities.

(b) Is operating under R 299.9824 to R 299.9833 for the management of its potentially creditable hazardous waste pharmaceuticals.

(c) Manages the potentially creditable hazardous waste pharmaceuticals that it receives from off-site in compliance with R 299.9224 to R 299.9833.

(d) Keeps records of the potentially creditable hazardous waste pharmaceuticals shipments it receives for 3 years from the date the shipment is received.

(3) Healthcare facilities are prohibited from sending hazardous wastes other than potentially creditable hazardous waste pharmaceuticals to a reverse distributor.

(4) Healthcare facilities are not subject to biennial reporting requirements under R 299.9312 with respect to potentially creditable hazardous waste pharmaceuticals managed under R 299.9824 to R 299.9833.

(5) A healthcare facility that initiates a shipment of potentially creditable hazardous waste pharmaceuticals to a reverse distributor shall keep the following paper or electronic records for each shipment of potentially creditable hazardous waste pharmaceuticals for 3 years from the date of shipment, unless automatically extended during any unresolved enforcement action regarding the regulated activity or requested by the director, and make the records readily available to the director on request:

(a) The confirmation of delivery.

(b) The shipping papers prepared in accordance with 49 CFR part 172, subpart C, if applicable.

(6) A healthcare facility shall immediately contain all spills of potentially creditable hazardous waste pharmaceuticals and manage the spill clean-up materials as non-creditable hazardous waste pharmaceuticals in accordance with R 299.9824 to R 299.9833.

**History**
- *History: 2025 AACS.*

##### **Mich. Admin. Code R 299.9827** Hazardous waste pharmaceuticals and hazardous waste ENDS; standards for healthcare facilities and ENDS retailers that are very small quantity generators for hazardous waste pharmaceuticals or hazardous waste ENDS and nonpharmaceutical hazardous waste {#sec-r-299.9827 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9827}

Rule 827. (1) The requirements of this rule apply to healthcare facilities and ENDS retailers that are very small quantity generators for hazardous waste pharmaceuticals or hazardous waste ENDS and non-pharmaceutical hazardous waste.

(2) Healthcare facilities or ENDS retailers that are very small quantity generator for both hazardous waste pharmaceuticals or hazardous waste ENDS and non-pharmaceutical hazardous waste may send its potentially creditable hazardous waste pharmaceuticals to a reverse distributor.

(3) Healthcare facilities or ENDS retailers that are very small quantity generator for both hazardous waste pharmaceuticals or hazardous waste ENDS and non-pharmaceutical hazardous waste may send its hazardous waste pharmaceuticals or hazardous waste ENDS off-site to another healthcare facility or ENDS retailer if 1 of the following conditions are met:

(a) The receiving healthcare facility or ENDS retailer meets the conditions in R 299.9825(13) and R 299.9826(2), as applicable.

(b) The very small quantity generator healthcare facility or ENDS retailer meets the conditions in R 299.9304(1)(e)(xii) and the receiving large quantity generator meets the conditions in R 299.9307(6).

(4) A long-term care facility that is a very small quantity generator for both hazardous waste pharmaceuticals or hazardous waste ENDS and non-pharmaceutical hazardous waste may dispose of its hazardous waste pharmaceuticals and hazardous waste ENDS, excluding contaminated personal protective equipment or clean-up materials, in an onsite collection receptacle of an authorized collector that is registered with the United States drug enforcement agency, if the contents are collected, stored, transported, destroyed, and disposed of in compliance with all applicable Unites States Drug Enforcement Agency regulations for controlled substances.

(5) A long-term care facility with 20 beds or fewer is presumed to be a very small quantity generator subject to R 299.9304 for both hazardous waste pharmaceuticals or hazardous waste ENDS and non-pharmaceutical hazardous waste and is subject to R 299.9828, R 299.9830, and the optional provisions of R 299.9824 to R 299.9827, R 299.9829, and R 299.9831 to R 299.9833. The director shall demonstrate that a long-term care facility with 20 beds or fewer generates quantities of hazardous waste that are greater than the very small quantity generator limits. A long-term care facility with more than 20 beds that operates as a very small quantity generator under R 299.9304 shall demonstrate that it generates quantities of hazardous waste that are within the very small quantity generator limits.

**History**
- *History: 2025 AACS.*

##### **Mich. Admin. Code R 299.9828** Hazardous waste pharmaceuticals and hazardous waste ENDS; prohibition of sewering hazardous waste pharmaceuticals and hazardous waste ENDS {#sec-r-299.9828 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9828}

Rule 828. (1) All healthcare facilities and ENDS retailers, including very small quantity generators operating under R 299.9304 instead of R 299.9824 to R 299.9833, and reverse distributors are prohibited from discharging hazardous waste pharmaceuticals or hazardous waste ENDS to a sewer system that passes through to a POTW. Healthcare facilities, ENDS retailers, and reverse distributors remain subject to the prohibitions in 40 CFR 403.5(b)(1).

(2) The provisions of 40 CFR 403.5(b)(1) are adopted by reference in R 299.11003.

**History**
- *History: 2025 AACS.*

##### **Mich. Admin. Code R 299.9829** Hazardous waste pharmaceuticals and hazardous waste ENDS; exemptions for hazardous waste pharmaceuticals and hazardous waste ENDS that are also controlled substance and household waste pharmaceuticals and household waste ENDS collected in a take-back event or program {#sec-r-299.9829 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9829}

Rule 829. (1) Hazardous waste pharmaceuticals and hazardous waste ENDS that are also listed on a schedule of controlled substances by the Unites States Drug Enforcement Agency in 21 CFR part 1308 and household waste pharmaceuticals and household waste ENDS that are collected in a take-back event or program, including those that are collected by an authorized collector registered with the United States Drug Enforcement Agency that commingles the household waste pharmaceuticals and household waste ENDS with controlled substances from an ultimate user, are exempt from R 299.9228 and parts 3 to 7 of these rules, if all the following conditions are met:

(a) The hazardous waste pharmaceuticals and hazardous waste ENDS are managed in compliance with R 299.9828.

(b) The hazardous waste pharmaceuticals and hazardous waste ENDS are collected, stored, transported, and disposed of in compliance with all applicable United States Drug Enforcement Agency regulations for controlled substances.

(c) The hazardous waste pharmaceuticals and hazardous waste ENDS are destroyed by a method that the United States Drug Enforcement Agency has publicly stated in writing to meet its non-retrievable standard of destruction or combusted at 1 of the following:

(i) A permitted large municipal waste combustor, subject to 40 CFR part 62, subpart FFF, or applicable state plan for existing large municipal waste combustors, or 40 CFR part 60, subpart Eb, for new large municipal waste combustors.

(ii) A permitted small municipal waste combustor, subject to 40 CFR part 62, subpart JJJ, or applicable state plan for existing small municipal waste combustors, or 40 CFR part 60, subpart AAAA, for new small municipal waste combustors.

(iii) A permitted hospital, medical, and infectious waste incinerator, subject to 40 CFR part 62, subpart HHH, or applicable state plan for existing hospital, medical and infectious waste incinerators, or 40 CFR part 60, subpart Ec, for new hospital, medical, and infectious waste incinerators.

(iv) A permitted commercial and industrial waste incinerator, subject to 40 CFR part 62, subpart III, or applicable state plan for existing commercial and industrial waste incinerators, or 40 CFR part 60, subpart CCCC, for new commercial and industrial waste incinerators.

(v) A permitted hazardous waste combustor subject to 40 CFR part 63, subpart EEE.

(2) The provisions of 40 CFR part 60, subparts Eb, Ec, AAAA, and CCCC and 40 CFR part 62, subparts FFF, HHH, III, and JJJ are adopted by reference in R 299.11003. The provisions of 21 CFR part 1308 are adopted by reference in R 299.11004.

**History**
- *History: 2025 AACS.*

##### **Mich. Admin. Code R 299.9830** Hazardous waste pharmaceuticals and hazardous waste ENDS; residues of hazardous waste pharmaceuticals or hazardous waste ENDS in empty containers {#sec-r-299.9830 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9830}

Rule 830. (1) A stock bottle, dispensing bottle, vial, or ampule of less than or equal to 1 liter or 10,000 pills; or a unit-dose container such as a unit-dose packet, cup, wrapper, blister pack, or delivery device is considered empty and the residues are not regulated as hazardous waste if the pharmaceuticals have been removed from the container using the practices commonly employed to remove materials from that type of container.

(2) Nicotine e-liquid vials packaged for retail sale in ENDS and less than or equal to 1 liter are considered empty and the residues are not regulated as hazardous waste if the liquid has been removed by pouring out the contents.

(3) A syringe is considered empty, and the residues are not regulated as hazardous waste if the contents have been removed by fully depressing the plunger of the syringe. If a syringe is not empty, the syringe must be placed with its remaining hazardous waste pharmaceuticals into a container that is managed and disposed of as a non-creditable hazardous waste pharmaceutical under R 299.9824 to R 299.9833 and any applicable federal, state, and local requirements for sharps containers and medical waste.

(4) An intravenous bag is considered empty, and the residues are not regulated as hazardous waste if the pharmaceuticals in the bag have been fully administered to a patient.

If an intravenous bag is not empty, the bag must be placed with its remaining hazardous waste pharmaceuticals into a container that is managed and disposed of as a non-creditable hazardous waste pharmaceutical R 299.9824 to R 299.9833, unless the bag held non-acute hazardous waste pharmaceuticals and is empty as defined in R 299.9207.

(5) Hazardous waste pharmaceuticals remaining in all other types of unused, partially administered, or fully administered containers must be managed as non-creditable hazardous waste pharmaceuticals under R 299.9824 to R 299.9833, unless the container held non-acute hazardous waste pharmaceuticals and is empty as defined in R 299.9207.

This includes, but is not limited to, residues in inhalers, aerosol cans, nebulizers, tubes of ointments, gels, or creams.

(6) Hazardous waste ENDS, including attached or attachable cartridges, pods, or tanks, that are unused, partially used, or fully used must be managed as hazardous waste, except empty vials described in subrule (1) or (2) of this rule.

**History**
- *History: 2025 AACS.*

##### **Mich. Admin. Code R 299.9831** Hazardous waste pharmaceuticals and hazardous waste ENDS; shipping non-creditable hazardous waste from a healthcare facility or ENDS retailer or evaluated hazardous waste pharmaceuticals from a reverse distributor {#sec-r-299.9831 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9831}

Rule 831. (1) A healthcare facility or ENDS retailer shall ship non-creditable hazardous waste and a reverse distributor shall ship evaluated hazardous waste pharmaceuticals offsite to a designated facility in compliance with all the following requirements:

(a) Before transporting or offering for transport off-site, the following pre-transport requirements:

(i) Package the waste in accordance with the applicable DOT regulations on hazardous materials under 49 CFR parts 173, 178, and 180.

(ii) Label each package in accordance with the applicable DOT regulations on hazardous materials under 49 CFR part 172, subpart E.

(iii) All the following marking requirements:

(A) Mark each package of non-creditable hazardous waste in accordance with the applicable DOT regulations on hazardous materials under 49 CFR part 172, subpart D.

(B) Mark each container of 119 gallons or less with the following words "HAZARDOUS WASTE—Federal Law Prohibits Improper Disposal. If found, contact the nearest police or public safety authority, EGLE, or the EPA"; the healthcare facility, ENDS retailer, or reverse distributor’s name, address, and site identification number; and the manifest tracking number accordance with the requirements of 49 CFR 172.304.

(C) Lab packs that will be incinerated in compliance with 40 CFR 268.42(c) are not required to be marked with hazardous waste numbers, except D004, D005, D006, D007, D008, D010, and D011, where applicable. A nationally recognized electronic system, such as bar coding or radio frequency identification, may be used to identify the hazardous waste number.

(iv) Placard or offer the initial transporter the appropriate placards according to DOT regulations for hazardous materials under 49 CFR part 172, subpart F.

(b) The manifest requirements of R 299.9309, except for the following:

(i) A healthcare facility shipping non-creditable hazardous waste pharmaceuticals is not required to list all applicable hazardous waste numbers in item 13 of the manifest.

(ii) A healthcare facility shipping non-creditable hazardous waste pharmaceuticals shall write the word "PHARMS" in item 13 of the manifest.

(2) A healthcare facility, ENDS retailer, or reverse distributor that exports non-creditable hazardous waste or evaluated hazardous waste pharmaceuticals is subject to R 299.9314.

(3) Any person that imports non-creditable hazardous waste or evaluated hazardous waste pharmaceuticals is subject to R 299.9314. A healthcare facility, ENDS retailer, or reverse distributor shall not accept imported non-creditable hazardous waste or evaluated hazardous waste pharmaceuticals unless they have an operating license or interim status under these rules that allows them to accept hazardous waste from off-site.

Editor's Note: An obvious error in R 299.9831 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Michigan Register, 2025 MR 8. The memorandum requesting the correction was published in Michigan Register, 2025 MR 13.

**History**
- *History: 2025 AACS.*

##### **Mich. Admin. Code R 299.9832** Hazardous waste pharmaceuticals; shipping potentially creditable hazardous waste pharmaceuticals from a healthcare facility or reverse distributor to a reverse distributor {#sec-r-299.9832 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9832}

Rule 832. (1) A healthcare facility or a reverse distributor that transports or offers for transport potentially creditable hazardous waste pharmaceuticals off-site to a reverse distributor shall comply with all applicable DOT regulations in 49 CFR part 171 to 180 for any potentially creditable hazardous waste pharmaceutical that meets the definition of hazardous material in 49 CFR 171.8. For purposes of the DOT regulations, a material is considered a hazardous waste if it is subject to the hazardous waste manifest requirements in part 3 of these rules. Because a potentially creditable hazardous waste pharmaceutical does not require a manifest, it is not considered hazardous waste.

(2) On receipt of each shipment of potentially creditable hazardous waste pharmaceuticals, the receiving reverse distributor shall provide paper or electronic confirmation to the healthcare facility or reverse distributor that initiated the shipment that the shipment has arrived at its destination and is under the custody and control of the reverse distributor.

(3) If a healthcare facility or reverse distributor initiates a shipment of potentially creditable hazardous waste pharmaceuticals to a reverse distributor and does not receive delivery confirmation within 35 calendar days from the date that the shipment of potentially creditable hazardous waste pharmaceuticals was sent, the healthcare facility or reverse distributor that initiated the shipment shall contact the carrier and the intended reverse distributor promptly to report that the delivery confirmation was not received and determine the status of the potentially creditable hazardous waste pharmaceuticals.

(4) A healthcare facility or reverse distributor that sends potentially creditable hazardous waste pharmaceuticals to a foreign destination shall comply with R 299.9314, except the manifesting requirement of 40 CFR 262.83(c), in addition to subrules (1) to (3) of this rule.

(5) Any person that imports potentially creditable hazardous waste pharmaceuticals into the United States is subject to subrules (1) to (3) of this rule instead of R 299.9314.

Immediately after the potentially creditable hazardous waste pharmaceuticals enter the United States, they are subject to all applicable requirements of R 299.9824 to R 299.9833.

**History**
- *History: 2025 AACS.*

##### **Mich. Admin. Code R 299.9833** Hazardous waste pharmaceuticals; standards for managing potentially creditable hazardous waste pharmaceuticals and evaluated hazardous waste pharmaceuticals at reverse distributors {#sec-r-299.9833 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9833}

Rule 833. (1) A reverse distributor may accept potentially creditable hazardous waste pharmaceuticals from off-site and accumulate potentially creditable hazardous waste pharmaceuticals or evaluated hazardous waste pharmaceuticals on site without an operating license or without having interim status under these rules if the reverse distributor complies with all the following conditions:

(a) The reverse distributor shall notify the director using Michigan site identification form EQP 5150, that it is a reverse distributor operating under R 299.9824 to R 299.9833 and obtain a site identification number if it does not already have one. The notification must be submitted to the director within 60 days after the effective date of R 299.9824 to R 299.9833 or within 60 days after becoming subject to R 299.9824 to R 299.9833.

(b) The reverse distributor shall maintain a current inventory of all the potentially creditable hazardous waste pharmaceuticals and evaluated hazardous waste pharmaceuticals that are accumulated on-site. The inventory must be conducted within 30 days of each waste arriving on-site and include the identity, by name or national drug code, and quantity of each potentially creditable hazardous waste pharmaceutical and evaluated hazardous waste pharmaceutical. If the reverse distributor already satisfies the inventory requirements because of other regulatory requirements, the distributor is not required to maintain a separate inventory under this subdivision.

(2) A reverse distributor that is not a pharmaceutical manufacturer shall evaluate a potentially creditable hazardous waste pharmaceutical within 30 calendar days of the waste arriving on-site to establish if it is destined for any of the following:

(a) Another reverse distributor for further evaluation or verification of manufacturer credit. A potentially creditable hazardous waste pharmaceutical that is destined for another reverse distributor is still considered a potentially creditable hazardous waste pharmaceutical and must be managed under subrule (12) of this rule.

(b) A potentially creditable hazardous waste pharmaceutical that is destined for a hazardous waste treatment, storage, or disposal facility is considered an "evaluated hazardous waste pharmaceutical" and must be managed under subrule (13) of this rule.

(3) A reverse distributor that is a pharmaceutical manufacturer shall evaluate a potentially creditable hazardous waste pharmaceutical to verify manufacturer credit within 30 days of the waste arriving at on-site and manage the evaluated hazardous waste pharmaceuticals.

After the evaluation, the evaluated hazardous waste pharmaceuticals must be managed under subrule (13) of this rule.

(4) A reverse distributor may accumulate potentially creditable hazardous waste pharmaceuticals and evaluated hazardous waste pharmaceuticals on-site for 180 days or less. The 180-day timeline starts after the potentially creditable hazardous waste pharmaceutical has been evaluated and applies to all hazardous waste pharmaceuticals accumulated on-site, whether destined for another reverse distributor as potentially creditable hazardous waste pharmaceuticals or to a hazardous waste treatment, storage, or disposal facility as evaluated hazardous waste pharmaceuticals.

(5) Unexpired pharmaceuticals that are otherwise creditable but are awaiting their expiration date can be accumulated for up to 180 days after the expiration date if the unexpired pharmaceuticals are managed under subrules (1) to (11) of this rule and the container labeling and management standards in subrules (13)(d) and (e) of this rule.

(6) A reverse distributor shall prevent unknowing entry and minimize the possibility for the unauthorized entry into the area where potentially creditable hazardous waste pharmaceuticals and evaluated hazardous waste pharmaceuticals are accumulated. If the reverse distributor already meets the security requirements of this subrule because of other regulatory requirements, the distributor is not required to provide separate security measures under this subrule. Some methods that may be used to prevent unknowing entry and minimize the possibility for authorized entry include the following:

(a) A 24-hour continuous monitoring surveillance system.

(b) An artificial barrier, such as a fence.

(7) A reverse distributor that accepts potentially creditable hazardous waste pharmaceuticals from off-site shall prepare a contingency plan and comply with R 299.9307(1)(c).

(8) When closing an area where a reverse distributor accumulates potentially creditable hazardous waste pharmaceuticals or evaluated hazardous waste pharmaceuticals, the reverse distributor shall comply with R 299.9307(1)(k)(ii) and (iii).

(9) A reverse distributor shall submit an unauthorized waste report if the distributor receives waste from off-site that it is not authorized to accept. The reverse distributor shall prepare and submit an unauthorized waste report to the director within 45 days after the unauthorized waste arrives on-site. A copy of the unauthorized waste report must also be sent to the healthcare facility or other entity that sent the unauthorized waste. The reverse distributor shall manage the unauthorized waste in accordance with all applicable regulations. The unauthorized waste report must be signed by the owner or operator of the reverse distributor, or its authorized representative, and contain all the following information:

(a) The site identification number and name and address of the reverse distributor.

(b) The date the reverse distributor received the unauthorized waste.

(c) The site identification number and name and address of the healthcare facility that shipped the unauthorized waste, if available.

(d) A description and the quantity of each unauthorized waste the reverse distributor received.

(e) The method of treatment, storage, or disposal for each unauthorized waste.

(f) A brief explanation of why the waste was unauthorized, if known.

(10) The director may require reverse distributors to furnish additional reports on the quantities and disposition of potentially creditable hazardous waste pharmaceuticals and evaluated hazardous waste pharmaceuticals.

(11) A reverse distributor shall keep the following records for the specified time periods, unless automatically extended during any unresolved enforcement action regarding the regulated activity or requested by the director, and make them readily available to the department on request:

(a) A copy of its notification on file for as long as the distributor is subject to R 299.9824 to R 299.9833.

(b) A copy of the delivery confirmation and the shipping papers for each shipment of potentially creditable hazardous waste pharmaceuticals that it receives for not less than 3 years from the date the shipment arrives at the reverse distributor.

(c) A copy of each unauthorized waste report for not less than 3 years from the date the shipment arrives at the reverse distributor.

(d) A copy of its current inventory for as long as the facility is subject to R 299.9824 to R 299.9833.

(12) A reverse distributor that does not have an operating license or interim status under these rules shall comply with the following conditions, in addition to the requirements in subrules (1) to (11) of this rule, for the management of potentially creditable hazardous waste pharmaceuticals that are destined for another reverse distributor for further evaluation or verification of manufacturer credit:

(a) A reverse distributor that receives potentially creditable hazardous waste pharmaceuticals from a healthcare facility or another reverse distributor shall send those potentially creditable hazardous waste pharmaceuticals to a reverse distributor or another reverse distributor, respectively, within 180 days after the potentially creditable hazardous waste pharmaceuticals have been evaluated or follow subrule (13) of this rule for evaluated hazardous waste pharmaceuticals.

(b) Ship potentially creditable hazardous waste pharmaceuticals destined for another reverse distributor in accordance with R 299.9832.

(c) Keep the following records for each shipment of potentially creditable hazardous waste pharmaceuticals that it initiates to another reverse distributor for not less than 3 years from the date of shipment, unless automatically extended during any unresolved enforcement action regarding the regulated activity or requested by the director, and make the records readily available to the department on request:

(i) The confirmation of delivery.

(ii) The DOT shipping papers prepared in accordance with 49 CFR part 172, subpart C, if applicable.

(13) A reverse distributor that does not have an operating license or interim status under these rules shall comply with the following conditions, in addition to the requirements of subrules (1) to (11) of this rule, for the management of evaluated hazardous waste pharmaceuticals:

(a) Designate an on-site accumulation area where it will accumulate evaluated hazardous waste pharmaceuticals.

(b) Inspect its on-site accumulation area not less than once every 7 days, looking at the containers for leaks, deterioration caused by corrosion or other factors, and signs of diversion.

(c) Ensure personnel that handle evaluated hazardous waste pharmaceuticals are trained in accordance with of R 299.9307(1)(f) to (h).

(d) A reverse distributor accumulating evaluated hazardous waste pharmaceuticals in containers in an on-site accumulation area must do all the following:

(i) Label the containers with the words "Hazardous Waste Pharmaceuticals".

(ii) Ensure the containers are in good condition and managed to prevent leaks.

(iii) Use containers that are made of or lined with materials that will not react with, and are otherwise compatible with, the evaluated hazardous waste pharmaceuticals, so that the ability of the container to contain the waste is not impaired.

(iv) Keep the containers closed if holding liquid or gel evaluated hazardous waste pharmaceuticals. If the liquid or gel evaluated hazardous waste pharmaceuticals are in their original, intact, sealed packaging; or repackaged, intact, sealed packaging, they meet the closed container standard.

(v) Manage any container of ignitable or reactive evaluated hazardous waste pharmaceuticals, or any container of commingled incompatible evaluated hazardous waste pharmaceuticals so that the container does not have the potential to do any of the following:

(A) Generate extreme heat or pressure, fire or explosion, or violent reaction.

(B) Produce uncontrolled toxic mists, fumes, dusts, or gases in sufficient quantities to threaten human health.

(D) Damage the structural integrity of the container of hazardous waste pharmaceuticals.

(E) Otherwise threaten human health or the environment.

(e) Accumulate evaluated hazardous waste pharmaceuticals that are prohibited from being combusted because of the dilution prohibition of 40 CFR 268.3(c) in separate containers from other evaluated hazardous waste pharmaceuticals.

(f) Before shipping evaluated hazardous waste pharmaceuticals off-site, ensure all containers are marked with the applicable hazardous waste numbers. A nationally recognized electronic system, such as bar coding or radio frequency identification, may be used to identify the hazardous waste numbers.

(g) Ship evaluated hazardous waste pharmaceuticals that are destined for a hazardous waste treatment, storage, or disposal facility in accordance with the applicable shipping standards in R 299.9831(1) or (2).

(h) A reverse distributor that sends a shipment of evaluated hazardous waste pharmaceuticals to a designated facility with the understanding that the designated facility can accept and manage the waste, and later receives that shipment back as a rejected load in accordance with the manifest discrepancy provisions of R 299.9608, may accumulate the returned evaluated hazardous waste pharmaceuticals on-site for up to an additional 90 days in the on-site accumulation area if the rejected or returned shipment is managed in accordance with this subrule and subrules (1) to (12) of this rule. On receipt of the returned shipment, the reverse distributor shall do all the following:

(i) Sign either item 18c of the original manifest if the original manifest was used for the returned shipment or item 20 of the new manifest if a new manifest was used for the returned shipment.

(ii) Provide the transporter a copy of the manifest.

(iii) Within 30 days of receipt the rejected shipment of the evaluated hazardous waste pharmaceuticals, send a copy of the manifest to the designated facility that returned the shipment to the reverse distributor.

(iv) Within 90 days of receipt of the rejected shipment, transport or offer for transport the returned shipment of evaluated hazardous waste pharmaceuticals in accordance with the applicable shipping standards of R 299.9831(1) or (2).

(i) Evaluated hazardous waste pharmaceuticals are subject to the land disposal restrictions of 40 CFR part 268. A reverse distributor that accepts potentially creditable hazardous waste pharmaceuticals from off-site shall comply with 40 CFR 268.7(a).

(j) A reverse distributor that ships evaluated hazardous waste pharmaceuticals off-site shall prepare and submit a single copy of a biennial report to the director by March 1 of each even numbered year in accordance with R 299.9312.

(k) If a reverse distributor does not receive a copy of the manifest with the signature of the owner or operator of the designated facility within 35 days of the date the evaluated hazardous waste pharmaceuticals were accepted by the initial transporter, the distributor shall contact the transporter or the owner or operator of the designated facility to determine the status of the evaluated hazardous waste pharmaceuticals.

(l) A reverse distributor shall submit an exception report to the director if it has not received a copy of the manifest with the signature of the owner or operator of the designated facility within 45 days of the date the evaluated hazardous waste pharmaceutical was accepted by the initial transporter. The exception report must include all the following:

(i) A legible copy of the manifest for which the reverse distributor does not have confirmation of delivery.

(ii) A cover letter signed by the reverse distributor, or its authorized representative, explaining the efforts taken to locate the evaluated hazardous waste pharmaceuticals and the results of those efforts.

(m) A reverse distributor that does not receive a copy of the manifest with the signature of the owner or operator of the alternate facility within 35 days of the date the evaluated hazardous waste pharmaceuticals were accepted by the initial transporter shall contact the transporter or the owner or operator of the alternate facility to determine the status of the hazardous waste. The 35-day time frame begins the date the evaluated hazardous waste pharmaceuticals are accepted by the transporter forwarding the hazardous waste shipment from the designated facility to the alternate facility.

(n) A reverse distributor shall submit an exception report to the director if it has not received a copy of the manifest with the signature of the owner or operator of the alternate facility within 45 days of the date the evaluated hazardous waste pharmaceuticals were accepted by the initial transporter. The 45-day timeframe begins the date the evaluated hazardous waste pharmaceuticals are accepted by the transporter forwarding the hazardous waste pharmaceutical shipment from the designated facility to the alternate facility. The exception report must include the following:

(i) A legible copy of the manifest for which the generator does not have confirmation of delivery.

(o) A reverse distributor shall keep a written or electronic log of inspections of the on-site accumulation area, required by subdivision (b) of this subrule. This log must be retained for not less than 3 years from the date of the inspection.

(p) A reverse distributor shall keep a copy of each manifest signed in accordance with R 299.9309 for 3 years or until it receives a signed copy from the designated facility that received the evaluated hazardous waste pharmaceutical. This signed copy must be retained as a record for not less than 3 years from the date the evaluated hazardous waste pharmaceutical was accepted by the initial transporter.

(q) A reverse distributor shall keep a copy of each biennial report for not less than 3 years from the due date of the report.

(r) A reverse distributor shall keep a copy of each exception report for not less than 3 years from the submission of the report.

(s) A reverse distributor shall keep records to document personnel training under R 299.9307(1)(i).

(t) All records must be readily available on request by an inspector. The periods of retention referred to in this subrule are extended automatically during any unresolved enforcement action regarding the regulated activity or as requested by the director.

(14) A reverse distributor is an operator of a hazardous waste treatment, storage, or disposal facility and is subject to the requirements of parts 5 to 7 of these rules, if the distributor does any of the following:

(a) Fails to meet the conditions of this rule.

(b) Accepts manifested hazardous waste from off-site.

Editor's Note: An obvious error in R 299.9833 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Michigan Register, 2025 MR 8. The memorandum requesting the correction was published in Michigan Register, 2025 MR 13.

PART 9. HAZARDOUS WASTE EMERGENCY

**History**
- *History: 2025 AACS.*

##### **Mich. Admin. Code R 299.9901** “Hazardous waste emergency” defined {#sec-r-299.9901 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9901}

Rule 901. “Hazardous waste emergency” means an actual or potential escape of hazardous wastes or hazardous waste constituents into the environment for which the director, or his or her designee, determines that immediate corrective action to remove or contain the wastes or waste constituents is required to prevent or correct environmental damage.

**History**
- *History: 1985 AACS; 1988 AACS.*

##### **Mich. Admin. Code R 299.9902** Declaration of hazardous waste emergency {#sec-r-299.9902 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9902}

Rule 902. (1) The director, or his or her designee, shall declare a hazardous waste emergency based on the following criteria:

(a) The waste meets the criteria of section 11103(3) of the act, MCL 324.11103.

(b) A determination and oral or written report by on-scene emergency response staff to the director, or his or her designee, that the hazardous wastes or hazardous waste constituents have entered the environment or might enter the environment without corrective action or that corrective action must be taken to eliminate a threat to the environment or public health, safety, and welfare.

(2) If a hazardous waste emergency is declared, it must be declared ended by the director, or his or her designee, when the threat to the environment has ended.

**History**
- *History: 1985 AACS; 1988 AACS; 1998-2000 AACS; 2020 AACS.*

##### **Mich. Admin. Code R 299.9903** Report by the on-scene coordinator {#sec-r-299.9903 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9903}

Rule 903. A written report shall be filed with the director, or his or her designee, by the on-scene coordinator summarizing the tasks accomplished, including an evaluation of the effectiveness of the action to control the hazardous waste emergency.

**History**
- *History: 1985 AACS; 1988 AACS.*

##### **Mich. Admin. Code R 299.9904** Rescinded {#sec-r-299.9904 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9904}

**History**
- *History: 1985 AACS; 1988 AACS; 2013 AACS.*

##### **Mich. Admin. Code R 299.9905** Rescinded {#sec-r-299.9905 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9905}

**History**
- *History: 1985 AACS; 1988 AACS; 2013 AACS.*

##### **Mich. Admin. Code R 299.9906** Rescinded {#sec-r-299.9906 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.9906}

PART 10. AVAILABILITY OF REFERENCED MATERIALS

**History**
- *History: 1985 AACS; 1988 AACS; 2013 AACS.*

##### **Mich. Admin. Code R 299.11001** Publications; adoption by reference {#sec-r-299.11001 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.11001}

Rule 1001. (1) The following ASTM standards are adopted by reference in these rules:

(a) D93-79 ($50).

(b) D93-80 ($69).

(d) D1557-12 ($50).

(e) D1586-11 ($44).

(f) D1946-82 ($44).

(g) D2216-10 ($44).

(h) D2267-88 ($76).

(i) D2382-83 ($87).

(j) D2434-68 ($40).

(k) D2487-11 ($50).

(l) D2879-92 ($44).

(m) D3278-78 ($44).

(n) D4318-10 ($50).

(o) D4809-13 ($44).

(p) D5084-10 ($64).

(q) D5092-04 ($50).

(r) D5299-14 ($50).

(s) D5580-15 ($50).

(t) D6450-12 ($44).

(u) D6913-04 (2009)e1 ($64).

(v) D6938-15 ($44).

(w) D7928-16 ($64).

(x) D8174-18 ($69).

(y) D8175-18 ($69).

(z) E168-88 ($50).

(aa) E169-87 ($44).

(bb) E260-85 ($50).

(cc) E681-85 ($69).

(dd) E926-94, Test Method C ($48).

(2) The standards listed in subrule (1) of this rule are available from the ASTM International, Sales Services, 100 Barr Harbor Drive, P.O. Box C700, West Conshoshocken, Pennsylvania 19428-2959, 877-909-ASTM, or www.astm.org. The costs identified in subrule (1) of this rule reflect the costs when these rules were promulgated.

(3) The publication entitled "APTI Course 415: Control of Gaseous Emissions,"

EPA Publication EPA450/281005, PB91101709, December 1981, is adopted by reference in these rules and available electronically at no cost from www.nepis.epa.gov.

(4) The publication entitled "Screening Procedures for Estimating the Air Quality Impact of Stationary Sources, Revised," October 1992, EPA Publication No. EPA4540/R92-019, is adopted by reference in these rules and available electronically at no cost from www.nepis.epa.gov.

(5) The publication entitled "API Publication 2517, Third Edition, Evaporative Loss from External Floating Roof Tanks," February 1989, as amended, is adopted by reference in these rules. The publication is available from the American Petroleum Institute, 1220 L Street, NW, Washington, DC, 20005, 855-999-9870, or www.api.org, for $82, the cost when these rules were promulgated.

(6) The publication entitled "Method 1664, Revision A, n-Hexane Extractable Material (HEM; Oil and Grease) and Silica Gel Treated n-Hexane Extractable Material (SGT-HEM; Non-Polar- Material) by Extraction and Gravimetry," Revision A, EPA-821- R-98-002, and Revision B, EPA-R-10-001, are adopted by reference in these rules and are available electronically at no cost from www.epa.gov.

(7) The publication entitled "Guidance Manual for the Control of Transboundary Movements of Recoverable Wastes, Annex B: OECD Consolidated List of Wastes Subject to the Green Control Procedure and Annex C: OECD Consolidated List of Wastes Subject to the Amber Control Procedure" (2009) are adopted by reference in these rules and available electronically at no cost from www.oecd.org.

**History**
- *History: 1985 AACS; 1988 AACS; 1994 AACS; 1996 AACS; 1998-2000 AACS; 2013 AACS; 2017 AACS; 2020 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 299.11002** NFPA standard; adoption by reference {#sec-r-299.11002 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.11002}

Rule 1002. (1) The NFPA standards no. 30 (2015) and 704 (2012) are adopted by reference in these rules.

(2) The standard listed in subrule (1) of this rule is available from the National Fire Protection Association, 1 Batterymarch Drive, P.O. Box 9101, Quincy, Massachusetts 02269-9101, 800-344-3555, or www.nfpa.org, for $68 and $46, respectively, the cost at the time these rules were promulgated.

**History**
- *History: 1985 AACS; 1996 AACS; 2013 AACS; 2017 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 299.11003** Adoption by reference of federal regulations {#sec-r-299.11003 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.11003}

Rule 1003. (1) The following federal regulations in 40 CFR are adopted by reference in these rules:

(a) 40 CFR 3.10.

(b) 40 CFR part 60, subparts Eb, Ec, AAAA, and CCCC, and appendices A and B.

(d) 40 CFR part 63, subparts EEE and LLL.

(e) 40 CFR part 124.

(f) 40 CFR part 144.

(g) 40 CFR part 145.

(h) 40 CFR part 146.

(i) 40 CFR part 147.

(j) 40 CFR 260.4, 260.5, 260.20, 260.21, 260.22, 260.31, 260.32, 260.33, 260.34, and 260.42.

(k) 40 CFR 261.4(h)(4)(i) to (ii), 261.10, 261.11, 261.21(a)(3) and (4), 261.32(a), for K181 listing only, (c), and (d), 261.35(b)(2)(iii), 261.39(a)(5), and 261.41, and subparts I, J, M, AA, BB, and CC.

(l) 40 CFR part 261, appendix I, appendix VII, appendix VIII, and appendix IX.

(m) 40 CFR 262.20 to 262.24, 262.27, 262.40(a), (c), and (d), and 262.43, 40 CFR part 262, subpart H, except 40 CFR 262.80, and 40 CFR part 262, subparts K and M, except 40 CFR 262.201 and 262.202.

(n) 40 CFR part 263, subpart B.

(o) 40 CFR part 264, subpart B, subpart C, subpart D, subpart F, subpart G, subpart I, subpart J, subpart K, subpart L, subpart M, subpart N, subpart O, subpart X, subpart W, subpart AA, subpart BB, subpart CC, subpart EE, except 40 CFR 264.94(a)(2) and (3), (b), and (c), 264.100, 264.101, 264.112(d)(1), 264.115, 264.120, 264.221(f), 264.251(f), 264.301(f), 264.340(a) to (d), 264.344(a)(2) and (b), and 264.1200.

(p) 40 CFR 264.1(j)(1) to (13), 264.71(a), (b), (f), and (h) to (l), 264.72, 264.73, 264.75, 264.94(a)(2), table 1, 264.141, 264.142, 264.144, 264.147(c), (d), and (f), 264.151(g), and 264.554, except 40 CFR 264.554(l).

(q) 40 CFR part 264, appendix I and appendix IX.

(r) 40 CFR part 265, except subparts H, DD, and O, and 40 CFR 265.70, 265.73 to 265.77, 265.112(d)(1), 265.115, and 265.120.

(s) 40 CFR part 265, appendices I and VI.

(t) 40 CFR part 266, subpart H, except 40 CFR 266.100(a) and (b), 266.101, 266.102(a), and 266.112(a) and (c).

(u) 40 CFR 266.203 and 266.205(a), (b), (d), and (e).

(v) 40 CFR part 266, appendices I through XIII.

(w) 40 CFR part 268, including appendices III through XI.

(x) 40 CFR 270.10(e), (g), (k), and (l)(1); 270.11; 270.13; 270.14(b) and (d); 270.15; 270.16; 270.17; 270.18; 270.19(c); 270.20; 270.21; 270.22; 270.23; 270.24; 270.25; 270.26; 270.27; 270.30, except 40 CFR 270.30(l)(1) and (8); 270.31; 270.33; 270.41(a), except 40 CFR 270.41(a)(3); 270.62(a) to (d); 270.64; 270.66; 270.70; 270.71; 270.73; and 40 CFR part 270, subpart H, except 40 CFR 270.80, 270.85, 270.90, 270.155, 270.160, 270.190, and 270.195; and 40 CFR 270.235(a) and (c).

(y) 40 CFR part 273, subpart B, subpart C, subpart D, and subpart E, except 40 CFR 273.10, 273.18(b), 273.30, 273.38(b), 273.50, 273.53, and 273.60.

(z) 40 CFR 279.22, except 40 CFR 279.22(a); 279.23, 279.24, 279.41 to 279.43, 279.45, except 40 CFR 279.45(b); 279.46, 279.51, 279.52, 279.54, except 40 CFR 279.54(a); 279.55 to 279.58, 279.61, 279.62, 279.64, except 40 CFR 279.64(a); 279.65, 279.66, 279.73, and 279.75.

(aa) 40 CFR part 280.

(bb) 40 CFR part 302.

(cc) 40 CFR 403.5(b)(1).

(dd) 40 CFR part 761.

(2) Federal hazardous waste regulations are contained in 40 CFR parts 1 to 49, 40 CFR part 60 (60.500 to 60.5805a and Appendices), 40 CFR parts 61 and 62, 40 CFR part 63 (Section 63.1200 to 63.1439), 40 CFR parts 100 to 135, 40 CFR parts 136 to 149, 40 CFR parts 260 to 265, 40 CFR parts 266 to 299, 40 CFR parts 400 to 424, and 40 CFR part 700 to 789, July 1, 2023 editions. These editions are available from the Superintendent of Documents, U.S. Government Publishing Office, Washington, DC 20402, 2025121800, for $66, 63, $56, $51, $67, $56, $56, and $67, respectively, the costs when these rules were promulgated.

Editor's Note: An obvious error in R 299.911003 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Michigan Register, 2025 MR 8. The memorandum requesting the correction was published in Michigan Register, 2025 MR 13.

**History**
- *History: 1985 AACS; 1988 AACS; 1989 AACS; 1991 AACS; 1994 AACS; 1996 AACS; 1998-2000 AACS; 2013 AACS; 2017 AACS; 2020 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 299.11004** Federal regulations in 10 CFR, 29 CFR, 33 CFR, and 49 CFR; adoption by reference {#sec-r-299.11004 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.11004}

Rule 1004. (1) The federal regulations in 10 CFR part 20, 10 CFR part 61, and 10 CFR part 71 are adopted by reference in these rules.

(2) The federal regulations in 16 CFR part 1115 are adopted by reference in these rules.

(3) The federal regulations in 21 CFR part 7, subpart C, part 312, and part 1308 are adopted by reference in these rules.

(4) The federal regulations in 29 CFR 1910.120(q) and 1910.132 to 1910.138 and 29 CFR part 1910, subpart L, are adopted by reference in these rules.

(5) The federal regulations in 33 CFR 153.203 are adopted by reference in these rules.

(6) The following federal regulations in 49 CFR are adopted by reference in these rules:

(a) 49 CFR part 107.

(b) 49 CFR part 130.

(d) 49 CFR parts 190 to199.

(e) 49 CFR 390.21.

(7) Federal nuclear regulatory commission regulations are contained in 10 CFR parts 1 to 50 and 10 CFR parts 51 to 199, January 1, 2023, editions. Federal commercial practices regulations are contained in 16 CFR parts 1000 to 1750, January 1, 2023, edition. Federal FDA regulations are contained in 21 CFR parts 1 to 99, 21 CFR parts 300 to 499, and 21 CFR parts 1300 to 1499, April 1, 2023, editions. Federal labor regulations are contained in 29 CFR parts 1900 to 1910, July 1, 2022, edition. Federal navigation regulations are contained in 33 CFR parts 125 to 199, July 1, 2022, edition. Federal transportation regulations are contained in 49 CFR parts 100 to 177, 49 CFR parts 178 to 199, and 49 CFR parts 300 to 399, October 1, 2022, editions. These editions are available from the U.S. Government Publishing Office, www.bookstore.gpo.gov, for $67, $65, $66, $45, $35, $29, $64, $70, $60, and $64 respectively, the costs when these rules were promulgated.

Editor's Note: An obvious error in R 299.911004 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Michigan Register, 2025 MR 8. The memorandum requesting the correction was published in Michigan Register, 2025 MR 13.

**History**
- *History: 1985 AACS; 1996 AACS; 2013 AACS; 2017 AACS; 2020 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 299.11005** Test methods for evaluating solid waste; adoption by reference {#sec-r-299.11005 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.11005}

Rule 1005. (1) Test methods in the publication entitled "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication SW846, Third Edition, November 1986, and its updates I (July 1992), II (September 1994), IIA (August 1993), IIB (January 1995), III (December 1996), IIIA (April 1998), IIIB (November 2004), IVA (February 2007), IVB (February 2007), V (August 2015), VI (November 2017 and November 2018), and VII (June 2019 and July 2021) are adopted by reference in these rules.

(2) The documents listed in subrule (1) of this rule are available at https://www.epa.gov/hw-sw846,

**History**
- *History: 1985 AACS; 1994 AACS; 1996 AACS; 2013 AACS; 2017 AACS; 2020 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 299.11006** Analytical method for aflatoxins; adoption by reference {#sec-r-299.11006 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.11006}

Rule 1006. (1) The analytical method for aflatoxin in the official methods of analysis of the AOAC International, subsection 26, natural poisons, 20th edition, 2016, is adopted by reference in these rules.

(2) The analytical method listed in subrule (1) of this rule is available from AOAC International, 2275 Research Boulevard, Suite 300, Rockville, Maryland 20850-3250, at a cost as of the time of adoption of these rules of $50 each.

**History**
- *History: 1985 AACS; 1996 AACS; 2017 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 299.11007** Standard industrial classification manual; adoption by reference {#sec-r-299.11007 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.11007}

Rule 1007. The office of management and budget document entitled "Standard Industrial Classification Manual" is adopted by reference in these rules and available electronically at no cost from www.osha.gov/data/sic-manual.

**History**
- *History: 1985 AACS; 1996 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 299.11008** Soil permeability method; adoption by reference {#sec-r-299.11008 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.11008}

Rule 1008. The triaxial cell method for determining the permeability of soil contained in the EPA document entitled "Soil Properties, Classification, and Hydraulic Conductivity Testing," 1984 edition, is adopted by reference in these rules and available electronically at no cost from www.nepis.epa.gov.

**History**
- *History: 1985 AACS; 1996 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 299.11009** Availability of documents for inspection and distribution {#sec-r-299.11009 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.11009}

Rule 1009. (1) The standards and publications adopted by reference in R 299.11001 to R 299.11008 are available for inspection and distribution at the Lansing office of the Department of Environment, Great Lakes, and Energy, Materials Management Division, P.O. Box 30241, Lansing, Michigan 48909-7741. The department will charge the cost of each standard or publication at the time of purchase plus $30.00 for handling and shipping.

(2) The standards and publications adopted by reference in R 299.911001 to R 299.11005, R 299.11007, and R 299.11008 are available for inspection at the National Archives and Records Administration, email fedreg.legal@nara.gov or go to www.archives.gov/federalregister/cfr/ibr-locations.html or the OLEM Docket in the Environmental Protection Agency Docket Center (EPA/DC), West William Jefferson Clinton Building, Room 3334, 1301 Constitution Avenue NW, Washington, DC 20460. The EPA/DC Public Reading Room hours of operation are 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the EPA/DC Public Reading Room is 202-566- 1744, and the telephone number for the OLEM Docket is 202-566-0270.

(3) The standards or publications adopted by reference in R 299.11001(3), (4), and (6) are available at cost from the National Technical Information Service, 5285 Port Royal Road, Springfield, Virginia 22161, 703-605-0000 or 800-553-6847.

(4) The standards and publications adopted by reference in R 299.11001(3), (4), and (6);

R 299.11003; R 299.11004; and R 299.11007 are available at cost from the Superintendent of Documents, U.S. Government Publishing Office, Washington, DC 20402, 2025121800.

(5) The standards and publications adopted by reference in R 299.11001(3), (4), and (6) are available at cost from the U.S. EPA’s National Serve Center for Environmental Publications at https://www.epa.gov/nscep.

PART 11.CERTIFIED LOCAL HEALTH DEPARTMENTS

**History**
- *History: 2008 AACS; 2013 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 299.11101** Rescinded {#sec-r-299.11101 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.11101}

**History**
- *History: 1985 AACS; 1998-2000 AACS; 2013 AACS.*

##### **Mich. Admin. Code R 299.11102** Rescinded {#sec-r-299.11102 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.11102}

**History**
- *History: 1985 AACS; 2013 AACS.*

##### **Mich. Admin. Code R 299.11103** Rescinded {#sec-r-299.11103 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.11103}

**History**
- *History: 1985 AACS; 2013 AACS.*

##### **Mich. Admin. Code R 299.11104** Rescinded {#sec-r-299.11104 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.11104}

**History**
- *History: 1985 AACS; 1998-2000 AACS; 2013 AACS.*

##### **Mich. Admin. Code R 299.11105** Rescinded {#sec-r-299.11105 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.11105}

**History**
- *History: 1985 AACS; 2013 AACS.*

##### **Mich. Admin. Code R 299.11106** Rescinded {#sec-r-299.11106 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.11106}

**History**
- *History: 1985 AACS; 1998-2000 AACS; 2013 AACS.*

##### **Mich. Admin. Code R 299.11107** Rescinded {#sec-r-299.11107 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.11107}

**History**
- *History: 1985 AACS; 2013 AACS.*

## **Remediation and Redevelopment Division** Remediation and Redevelopment Division

### **R 299.51001 to R 299.51021** Property Owner or Operator Obligations Under Section 20107a of the Act

##### **Mich. Admin. Code R 299.51001** Definitions {#sec-r-299.51001 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.51001}

DEPARTMENT OF ENVIRONMENTAL QUALITY

REMEDIATION AND REDEVELOPMENT DIVISION

ENVIRONMENTAL CONTAMINATION RESPONSE ACTIVITY

(By authority conferred on the department of environmental quality by section 20104 of 1994 PA 451, MCL 324.20104 and Executive Order No. 1995-18, MCL 324.99903)

PROPERTY OWNER OR OPERATOR OBLIGATIONS UNDER SECTION

20107A OF THE ACT

Rule 1001. As used in this part:

(a) "All appropriate inquiry" means the inquiry necessary to determine what response activity is needed to comply with section 20107a of the act.

(b) "Belowground" means buried under soil or debris. "Belowground," when used to describe containers, does not include containers that are in basements or vaults or are otherwise under the ground surface in structures that allow visual inspection of the container.

(c) "Container" means a barrel, drum, tank, vessel, surface impoundment, pipeline, or other receptacle, regardless of size, that contains a hazardous substance.

(d) "Mitigate" means to reduce exposure to the degree that the exposure is no longer unacceptable, consistent with R 299.51013. With respect to fire and explosion hazards, "mitigate" means to eliminate the threat of fire and explosion.

(e) "Property" means the real property owned or operated by a person who is subject to section 20107a of the act.

**History**
- *History: 1999 AACS; 2002 AACS.*

##### **Mich. Admin. Code R 299.51003** Applicability; compliance with section 20107a of act generally; documentation of compliance {#sec-r-299.51003 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.51003}

Rule 1003. (1) The requirements of this part apply to a person who is subject to section 20107a of the act and to conditions about which he or she has knowledge, based upon all appropriate inquiry.

(2) For purposes of compliance with part 10 of these rules, an acquiring agency under 1980 PA 87, MCL 231.51 et seq., and known as the uniform condemnation procedures act, shall not become the owner or operator of a property that is a facility or a portion of a facility until possession of the facility or portion of the facility has been transferred to the acquiring agency.

(3) A person who is subject to section 20107a of the act shall, except as provided in R 299.51019, undertake response activity as necessary to comply with section 20107a of the act and these rules on the property that he or she owns or operates and provide notices as described in R 299.51017 with respect to a hazardous substance that he or she has reason to believe is emanating from, or has emanated from, and is present beyond, the boundary of the property that he or she owns or operates.

(4) The requirements of section 20107a of the act apply to all of the following:

(a) Discarded or abandoned containers that contain a quantity of hazardous substance which is or may become injurious to the public health, safety, or welfare or to the environment.

(b) A threat of release of a quantity of hazardous substance that is or may become injurious to the public health, safety, or welfare or to the environment.

(c) Hazardous substances that have otherwise been released at the property.The requirements do not apply to hazardous substances being lawfully used in operations at the property or being properly stored at the property.

(5) A person who is subject to section 20107a of the act shall maintain documentation of compliance with section 20107a of the act and shall provide the documentation to the department upon request. All of the following provisions apply to the documentation of compliance:

(a) With regard to section 20107a(1)(b) of the act, required documentation shall consist of all of the following:

(i) Identification of exposure pathways that are complete, or are likely to become complete, in light of the intended use of the property and the features of the property, including potential exposure barriers such as structures or pavement.

(ii) Information about the concentrations of hazardous substances to which persons may be exposed in each pathway identified through the analysis described in paragraph (i) of this subdivision, unless a reasonable evaluation of the conditions at the property supports the conclusion that quantification of hazardous substance exposures is not necessary to determine that there is no unacceptable exposure under R 299.51013.

(iii) A description of the response activity or other measures, such as work schedule adjustments or personal protective equipment, if any, that are or may be required to mitigate any unacceptable exposures in compliance with R 299.51013.

(iv) Records about the implementation of any response activity or other measures not evident through inspection.

(v) Copies of any notices provided under R 299.51013(6), R 299.51015, and R 299.51017.

(b) If compliance with section 20107a of the act is accomplished by measures that are evident as the result of inspection, such as fences, pavement, or the presence of buildings, then ongoing documentation, beyond the initial analysis of the measures, is not required.

(c) If a department-approved remedial action plan has been implemented at a facility, then additional documentation of compliance with section 20107a(1)(b) of the act is not required if conditions that determine exposures to hazardous substances at the property remain unchanged.

(6) Except as provided in R 299.51017(4)(c), the documentation required by subrule (5) of this rule shall, for a person who became the owner or operator of a facility before March 11, 1999, be available to the department upon request not later than March 11, 2000. For a person who became the owner or operator of a facility on or after March 11, 1999, the required documentation shall be available to the department upon request not later than 8 months after the earliest of the date of purchase, occupancy, or foreclosure. The time frames specified in this subrule do not alter the continuing obligation of a person who is subject to section 20107a of the act to be in compliance with the law and these rules.

**History**
- *History: 1999 AACS; 2002 AACS.*

##### **Mich. Admin. Code R 299.51005** Compliance with other laws and regulations {#sec-r-299.51005 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.51005}

Rule 1005. (1) The obligation of a property owner or operator to comply with all laws and regulations applicable to hazardous substances is unaffected by part 201 of the act and these rules, except as provided in sections 20129a(5) and 20142 of the act.

(2) Other laws and regulations that may be relevant to the management of hazardous substances include, but are not limited to, the following:

(a) Part 55 of the act (air pollution control).

(b) Part 111 of the act (hazardous waste management).

(d) Part 211 of the act (underground storage tank regulation).

(e) Part 213 of the act (leaking underground storage tanks).

(f) Part 615 of the act (supervisor of wells).

(g) Act No. 207 of the Public Acts of 1941, as amended, being §29.1 et seq.of the Michigan Compiled Laws, and known as the fire protection code.

(h) The toxic substances control act, 15 U.S.C. §2601 et seq.

(i) The resource conservation and recovery act, 42 U.S.C. §6901 et seq.

(j) Rules and regulations promulgated under the laws listed in subdivisions (a) to (i) of this subrule.

**History**
- *History: 1999 AACS.*

##### **Mich. Admin. Code R 299.51007** Compliance with section 20107a(1)(a) of act {#sec-r-299.51007 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.51007}

Rule 1007. (1) The result of an activity undertaken by the owner or operator of a property is not exacerbation through an increase in response activity costs if the activity satisfies both of the following conditions:

(a) Any resulting increase in response activity cost is small in relation to the total cost of response activity that would be required to satisfy the relevant land use-based cleanup criteria and other requirements of sections 20120a and 20120b of the act or section 21301a of the act, as appropriate to the facility, at the time the activities are undertaken. Examples of such response activity include, but are not limited to, the placement of pavement or landscaping cover that constitutes a barrier to direct contact.

(b) The activity undertaken provides environmental or public health benefits.

(2) There may also be other circumstances that an owner or operator can demonstrate are not a change in facility conditions which increase response activity costs.

(3) Notwithstanding subrules (1) and (2) of this rule, if a determination is made under section 20107a(2) of the act that an action constitutes exacerbation, then the determination of the amount owed as increased response activity costs shall be reduced based on consideration of the public health or environmental benefits, or both, provided by the action.

(4) This rule shall not modify the burden of proof set forth in section 20107a(2) of the act.

**History**
- *History: 1999 AACS.*

##### **Mich. Admin. Code R 299.51009** Compliance with section 20107a(1)(b) of act; discarded or abandoned aboveground containers {#sec-r-299.51009 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.51009}

Rule 1009. (1) To be in compliance with section 20107a(1)(b) of the act with respect to a container at the property that is on or above the ground surface, and with respect to the portion of a container that is partially on or above the ground surface, an owner or operator shall manage the container in a manner that can be reasonably expected to prevent a release from the container in a quantity which is or may become injurious to the public health, safety, or welfare or to the environment. However, if the container is too large to allow it to be moved practically to inspect the integrity of the entire container, then the owner or operator shall prevent a release in a quantity that is or may become injurious to the public health, safety, or welfare or to the environment that would be evident from inspection of the visible portions of the container and the surrounding surface.

(2) If containers are located inside a structure that, upon reasonable inquiry, is determined to be deteriorating, then the owner or operator shall take reasonable and prudent measures to assure that deterioration of the structure does not lead to damage to the containers which may result in a release.

(3) If a release occurs from a container as a result of a failure to comply with subrule (1) or (2) of this rule, then the owner or operator shall stop the release and take all other steps necessary to comply with requirements applicable to a new release.

(4) The requirements of this rule shall be in addition to the requirements of other applicable laws and regulations to which the owner or operator is subject, except as provided in sections 20129a(5) and 20142 of the act.

**History**
- *History: 1999 AACS.*

##### **Mich. Admin. Code R 299.51011** Compliance with section 20107a(1)(b) of act; belowground containers {#sec-r-299.51011 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.51011}

Rule 1011. (1) To be in compliance with section 20107a(1)(b) of the act with respect to belowground containers at the property, an owner or operator shall prevent or eliminate any unacceptable exposure to hazardous substances in, or released from, a belowground container and shall eliminate any fire and explosion hazard resulting from hazardous substances in, or released from, a belowground container.

(2) Compliance with section 20107a of the act does not require that belowground containers be emptied, unless a container must be emptied to satisfy a performance standard under this rule. Other requirements to which the owner or operator is subject may require belowground containers, such as underground storage tanks, to be emptied. R 299.51005 identifies some other potentially applicable laws and rules.

**History**
- *History: 1999 AACS.*

##### **Mich. Admin. Code R 299.51013** Unacceptable exposure; mitigation {#sec-r-299.51013 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.51013}

Rule 1013. (1) Except as provided in subrule (6) of this rule, the requirements of section 20107a(1)(b) of the act and these rules to mitigate unacceptable exposure shall be satisfied if a person does all of the following:

(a) Eliminates the exposure or reducing the exposure to the degree that it is no longer unacceptable as that term is described in subrules (3), (4), and (5) of this rule.

(b) Undertakes response activity at the property as necessary to mitigate off-property risks resulting from erosion of surface soils at the property or from dispersion of particulate or volatile hazardous substances in surface soils at the property.

(c) Complies with R 299.51005, R 299.51009, R 299.51011, and R 299.51015 to R 299.51019 with regard to conditions at the property.

(2) In evaluating compliance with section 20107a(1)(b) of the act, exposure pathways shall be considered pertinent only if they are or may be complete in light of the intended use of the property and the features of the property, including potential exposure barriers such as structures or pavement.

(3) Except as provided in subrules (4) and (5) of this rule, exposure to hazardous substances is an unacceptable exposure for the purposes of section 20107a(1)(b) of the act if concentrations of hazardous substances to which persons may be exposed exceed an applicable criterion developed by the department under section 20120a(1)(a) to (e) of the act.

(4) A site-specific evaluation may be conducted to document that conditions at a property do not result in an unacceptable exposure. In these cases, comparison of exposure concentrations to criteria developed by the department under section 20120a(1)(a) to (e) of the act is not required. Except as provided in subrule (5) of this rule, an evaluation relied upon under this subrule shall be consistent with the risk management objectives set forth in section 20120a of the act and risk assessment methods acceptable to the department.

(5) As described in this subrule, a site-specific evaluation to document that conditions at the property do not result in an unacceptable exposure through inhalation of indoor air may be based on a demonstration of compliance with 1974 PA 154, MCL 408.1001 et seq., and the rules promulgated under 1974 PA 154. This subrule applies only when all of the following conditions are satisfied:

(a) The risk being evaluated results from inhalation by workers of hazardous substances in indoor air within an active commercial or industrial workplace that is regulated by 1974 PA 154, MCL 408.1001 et seq., and the rules promulgated under 1974 PA 154.

(b) The exposure to hazardous substances from environmental contamination is a portion of the exposure to which workers are otherwise subject from process-related sources of the same hazardous substance.

(c) The risk to the non-worker population, if any, from inhalation of indoor air at the property has been evaluated according to the requirements of subrule (3) of this rule or a site-specific evaluation has been conducted for the non-worker population according to risk assessment methods acceptable to the department, and the risk is not unacceptable on the basis of the risk management objectives set forth in section 20120a of the act.

(6) If the hazardous substances present at the property may present an unacceptable exposure to utility workers or other persons conducting activities at the property in an easement, under the terms of a utility franchise, or pursuant to severed subsurface mineral rights or severed subsurface formations, then the owner or operator may satisfy his or her obligation to mitigate unacceptable exposures to the utility workers or other persons by providing written notice, by a method that provides proof of delivery, of the general nature and extent of contamination and potential unacceptable exposures to all of the following:

(a) Easement holders of record.

(b) Utility franchise holders of record.

(d) Owners or lessees of severed subsurface mineral rights or subsurface formations. If the person described in subdivisions (a) to (d) of this subrule is not an individual, then the notice shall be provided to the chief executive officer of the organization. The notice required under this rule shall be provided as soon as the exigencies of the situation require, but not later than 9 months after the effective date of this amendatory rule or the deadline set forth in R 299.51003(6), whichever is applicable.

(7) Upon request of a person to whom information is provided under subrule (6) of this rule, the owner or operator of property who provided notice under subrule (6) of this subrule shall provide all available information about conditions at the property that he or she owns or operates which are relevant to the activities of the person who received notice under subrule (6) of this rule. The owner or operator of a property who is subject to section 20107a of the act shall also provide, to other persons conducting activities at the property with the knowledge or permission of the owner or operator, information about conditions at the property that are relevant to the person's activities at the property.

**History**
- *History: 1999 AACS; 2002 AACS.*

##### **Mich. Admin. Code R 299.51015** Notice to department of discarded or abandoned containers {#sec-r-299.51015 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.51015}

Rule 1015. (1) Except as provided in subrules (2), (3), and (4) of this rule and in R 299.51021, an owner or operator who is subject to section 20107a of the act shall notify the department, in writing, of the presence of discarded or abandoned containers at the property that contain a quantity of hazardous substance which is or may become injurious to the public health, safety, or welfare or to the environment. The owner or operator shall provide the required notice by September 11, 1999, within 45 days of becoming the owner or operator, or within 45 days of acquiring knowledge of the discarded or abandoned containers, whichever is later. The notice required by this rule shall include all information known to the owner or operator about the number, type, size, and contents of the discarded or abandoned containers.

(2) The notification requirement of subrule (1) of this rule does not apply to an owner or operator who disposes of discarded or abandoned containers and their contents according to all applicable laws and regulations by September 11, 1999, within 45 days of becoming the owner or operator, or within 45 days of acquiring knowledge of the discarded or abandoned containers, whichever is later. If the response activity is not complete within 45 days, then an owner or operator shall give notice that would otherwise have been required by subrule (1) of this rule to the department within 14 days after the end of the 45-day period provided in this subrule to complete the response activity.

(3) In place of the notice required by subrule (1) of this rule, a person who owns or operates an underground storage tank that is subject to notice or registration requirements, or both, under other state or federal requirements shall comply with the notice or registration requirements.

(4) If an owner or operator discloses a baseline environmental assessment under section 20126(1)(c)(ii) of the act, and the baseline environmental assessment includes identification of discarded or abandoned containers at the property on a form provided by the department for that purpose, then separate notice under subrule (1) of this rule is not required. Identification of an underground storage tank in a baseline environmental assessment does not eliminate or modify the obligation of an owner or operator to comply with any notice or registration requirements applicable to the underground storage tank under other state or federal requirements.

**History**
- *History: 1999 AACS; 2002 AACS.*

##### **Mich. Admin. Code R 299.51017** Notice to department and to affected adjacent property owners of contamination migrating beyond boundaries of property owned or operated by person subject to section 20107a of act; special provisions for notice by permittees under part 615 of act and by easement holders {#sec-r-299.51017 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.51017}

Rule 1017. (1) A person who is subject to section 20107a of the act and who has reason to believe that a hazardous substance is emanating from, or has emanated from, and is present beyond his or her property boundaries at a concentration in excess of criteria developed by the department under section 20120a(1)(a) of the act shall provide notice to the department and to the owner of the affected adjacent property as required in subrules (4) and (5) of this rule, except that subrules (4) and (5) shall not apply for permitted releases. The notices required by this subrule shall also be made if hazardous substances emanating from his or her property enter surface waters of the state on or adjacent to the property in concentrations that exceed generic GSI criteria established under R 299.5716.

The requirement to notify the department and the affected adjacent property owner shall be based on reasonable inferences that can be made from available data about the facility, including, but not limited to, data gathered through investigation undertaken to comply with section 20114(1)(a) of the act.

(2) A person who holds a permit for an oil and gas well under part 615 of the act and is subject to section 20107a of the act, shall provide the notice required by this rule to the department and to owner of the surface rights of the property if a release from the oil and gas exploration or production activities results in hazardous substance concentrations in excess of criteria developed by the department under section 20120a(1)(a) or (17) of the act on property where the well or related surface activity exists. This notice is required in addition to the migration notice required by subrule (1) of this rule, if applicable.

(3) A person who holds an easement and is subject to section 20107a of the act, shall provide notice, as called for in subrule (1) of this rule, to the department and to the grantor of the easement, or the grantor's successor in interest, if any, if there is a release from the easement holder's activities that results in hazardous substance concentrations in excess of criteria developed by the department under section 20120a(1)(a) or (17) of the act on property where the easement exists. Such notice shall be in addition to the notice required by subrule (1) of this rule, if applicable to the release in question.

(4) A person shall provide the notice required by subrule (1) of this rule to the department and to the affected adjacent property owner, in writing, within the following time frames:

(a) Except as provided in subdivision (c) of this subrule, with regard to conditions that were not known to the owner or operator before March 11, 1999, notice shall be provided within 45 days after the owner or operator has reason to believe that hazardous substances have migrated, or are likely to have migrated, beyond the property boundary.

(b) Except as provided in R 299.51021 and subdivision (c) of this subrule, with regard to conditions that were known to the owner or operator before March 11, 1999, notice shall have been provided by June 9, 1999.

(c) If a person is required to provide additional notice as a result of these amendatory rules, then the additional notice shall be made and included in the documentation of compliance required by R 299.51003(5) not later than 9 months after the effective date of these amendatory rules.

(5) The department may prescribe a form to be used for reports made under this rule. All of the following information shall be included in a report provided under this rule:

(a) The location of the property.

(b) The name, address, and telephone number of the property owner or operator who is submitting the notice.

(d) The name, chemical abstract service number, and maximum measured concentration of the hazardous substance or substances that have migrated, or are likely to have migrated, up to or beyond the property boundary.

(6) A person who has provided the notice required by section 21309a of the act is not required to make the notice to affected adjacent property owners called for in subrule (1) of this rule.

**History**
- *History: 1999 AACS; 2002 AACS.*

##### **Mich. Admin. Code R 299.51019** Mitigating fire and explosion hazards; action and notice required {#sec-r-299.51019 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.51019}

Rule 1019. (1) An owner or operator who is obligated to mitigate a fire or explosion hazard under section 20107a(1)(b) of the act shall provide immediately notify the local fire department of the hazard and shall take such other steps as are reasonable and prudent under the circumstances to mitigate or eliminate the hazard.

(2) If initial action does not permanently abate the fire and explosion hazard, then, within 7 days after notice is provided under subrule (1) of this rule, the owner or operator shall provide written notice to the department. The notice shall include all of the following information:

(a) A description of the conditions that resulted in a fire or explosion hazard.

(b) The date and time that notice was provided to the local fire department.

(d) A description of conditions which remain that may require additional action to mitigate fire or explosion hazards due to hazardous substances at the property.

**History**
- *History: 1999 AACS.*

##### **Mich. Admin. Code R 299.51021** Applicability of rules to persons who have received affirmative determinations of compliance with section 20107a of act under section 20129a of act {#sec-r-299.51021 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 299.51021}

Rule 1021. If, before March 11, 1999, a person received a determination from the department under section 20129a of the act that the person's proposed use of a facility satisfies the person's obligations under section 20107a of the act, then these rules shall not be applied retroactively to impose additional obligations upon the person or alter the department's determination with regard to the compliance analysis that was submitted. If the department's affirmative determination was conditioned on the implementation of response activity, then this rule shall apply to the owner or operator only if the response activity was implemented in a timely manner.

**History**
- *History: 1999 AACS; 2002 AACS.*

## **Water Resources Division** Water Resources Division

### **R 322.1001 to R 322.1018** Great Lakes Submerged Lands

##### **Mich. Admin. Code R 322.1001** Definitions {#sec-r-322.1001 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 322.1001}

DEPARTMENT OF ENVIRONMENTAL QUALITY

LAND AND WATER MANAGEMENT

GREAT LAKES SUBMERGED LANDS

(By authority conferred on the department of natural resources by section 9 of Act No. 247 of the Public Acts of 1955, as amended, and section 252 of Act No. 380 of the Public Acts of 1965, as amended, being §§322.709 and 16.352 of the Michigan Compiled Laws)

Rule 1. (1) As used in these rules:

(a) "Accretion" means land created as a result of natural depositions or placement of a lawful, permanent structure.

(b) "Act" means Act No. 247 of the Public Acts of 1955, as amended, being §322.701 et seq. of the Michigan Compiled Laws, and known as the Great Lakes submerged lands act.

(c) "Agreement" means a binding contract between the state and another person concerning the private use of patented or unpatented bottomlands, except use for "marina purposes" as defined in the act.

(d) "Applicant" means a person applying for a deed, lease, agreement, or permit to use or alter unpatented lands or an agreement or permit for use of water areas over patented lands.

(e) "Bottomland" means lands in the Great Lakes, and bays and harbors thereof, lying below and lakeward of the ordinary high water mark.

(f) "Conveyance" means a deed, lease, agreement, or certificate as referred to in the act.

(g) "Department" means the department of natural resources.

(h) "Dredging" means removal of any mineral, organic, or other material from or within the bottomland or waters of the Great Lakes by any means.

(i) "Filling" means placement of any mineral, organic, or other material on the bottomlands or into the waters of the Great Lakes.

(j) "Ordinary high water mark" means the elevations set by the act. When the soil, configuration of the surface, or vegetation has been altered by man's activity, the ordinary high water mark shall be located where it would have been if this alteration had not occurred.

(k) "Other materials" means any man-made structure or installed device or facility extending over or placed on bottomlands below the ordinary high water mark or extending over or placed into the waters of the Great Lakes, including all of the following:

(i) Bulkheads.

(ii) Groins.

(iii) Riprap.

(iv) Jettys.

(v) Breakwaters.

(vi) Piers and pipelines.

(vii) Pilings.

(viii) Sand trap walls.

The term also means a man-made structure or installed device or facility attached to or administered by a marina. The term does not include temporary docks, boat hoists, or other devices for private use which are removed annually.

(l) "Person" means any individual, partnership, corporation, association, political subdivision, the state, the department, an instrumentality or agency of the state, a political subdivision of an instrumentality or agency of the state, a department or other instrumentality or agency of the federal government, or other legal entity.

(m) "Public trust" means the perpetual duty of the state to secure to its people the prevention of pollution, impairment or destruction of its natural resources, and rights of navigation, fishing, hunting, and use of its lands and waters for other public purposes.

(n) "Riparian owner" means one who owns upland bordering the bottomland or water area.

(o) "Riparian rights" means all those rights accruing to ownership of riparian property, including the following, subject to the public trust:

(i) Access to the navigable waters.

(ii) Dockage to boatable waters; wharfage.

(iii) Use of water for general purposes, such as bathing and domestic use.

(iv) Title to natural accretions as determined by the department.

(p) "Submerged patented lands" means any bottomlands lying within a specific government grant area, including a private claim patent, federal patent, or state swampland patent.

(q) "Unpatented lands" means all bottomlands except submerged patented lands.

(2) The terms defined in the act have the same meanings when used in these rules.

**History**
- *History: 1982 AACS; 1986 AACS.*

##### **Mich. Admin. Code R 322.1002** Applications for deeds, leases, agreements, and certificates; forms; content {#sec-r-322.1002 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 322.1002}

Rule 2. (1) Application forms for deeds, leases, or agreements to use or alter unpatented lands, for certificates of lakeward boundary and accretion, or for agreements for use of water areas over patented or unpatented bottomlands may be obtained from the department.

The applicant shall file separately for each parcel of bottomland, unless the parcels of bottomland front a single upland ownership. If the parcels front a single upland ownership, 1 application may be submitted.

(2) An application for deeds, leases, agreements, or certificates shall not be considered administratively complete by the department until all information requested on the application form, the application fee, and any other information requested by the department have been received by the department. After receipt of an otherwise complete application, the department may request such additional information, environmental assessments, appraisals, records, or documents as are determined to be necessary to make a decision to grant or deny such a conveyance. The department shall notify the applicant in writing when the application is administratively complete.

(3) If an applicant fails to respond to any written inquiry or request from the department within 30 days, the application shall be denied without prejudice and the file shall be closed.

(4) Application fees shall be submitted to the department with the initial submittal of an application form. The fee shall be paid by check, money order, or draft made payable to:

"State of Michigan."

**History**
- *History: 1982 AACS.*

##### **Mich. Admin. Code R 322.1003** Marina lease application; criteria and procedures {#sec-r-322.1003 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 322.1003}

Rule 3. (1) When an application is made for filled or unfilled bottomland or water area for marina purposes, the protection and enhancement of the public trust in the bottomlands and waters of the Great Lakes shall be of primary concern. The department shall consider the character and current uses of the adjacent upland. An applicant may be required to furnish supporting evidence, satisfactory to the department, that marina services in the locality are necessary and feasible.

(2) In addition to the application requirements of R 322.1002, a survey shall be provided which specifies the location of all fills, pilings, structures, and improvements, including all of the following:

(a) The existing and planned mooring area.

(b) Boat storage.

(d) Traffic lanes.

(e) The location, number, and size of all boat wells, slips, and pump-out facilities.

(3) The department may require the design and survey of projects costing $50,000.00 or more to be certified and sealed by a registered professional engineer as authorized in Act No. 299 of the Public Acts of 1980, as amended, being §339.101 et seq. of the Michigan Compiled Laws.

(4) The applicant shall file a surety bond or other assurance satisfactory to the department immediately after final approval by the state administrative board and before execution of the lease by the department. The surety bond or other assurance shall ensure that the applicant will truly and faithfully perform the covenants, conditions, and agreements specified in the lease, and shall further ensure that all pilings or other structures be removed upon cancellation or termination of the lease. The amount of the bond shall be determined by the department and shall be commensurate with the cost of restoring bottomlands to pre-lease condition. The bond shall be in effect for the period of the lease term or until all lease conditions have been fulfilled to the department's satisfaction.

(5) The department shall issue a statement releasing the lessee and the bond company upon termination of the marina lease and upon satisfactory restoration of the bottomlands.

(6) An application to construct a new marina or expand the watercraft handling capacity of an existing marina shall include documentation as to how the facility will provide watercraft sanitary holding tank pump-out services as required under section 5 of Act No. 167 of the Public Acts of 1970, as amended, being §323.335 of the Michigan Compiled Laws.

**History**
- *History: 1982 AACS; 1986 AACS.*

##### **Mich. Admin. Code R 322.1004** Marina lease conditions {#sec-r-322.1004 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 322.1004}

Rule 4. A lease shall provide for all of the following conditions to be maintained by both the lessee and the department:

(a) A term of not more than 50 years. A lease may provide for its renewal or extension upon satisfactory performance during the prior term.

(b) An advance annual rental fee to be determined by the department. The annual rental fee shall not be less than $50.00. The department shall review the annual rental fee once every 5 years and adjust the annual rental fee to reflect changes in the general economic conditions. The changes shall be based on the percentage change of the United States bureau of labor statistics 'all-items' index, and other economic indicators.

(c) That the assignment or other agreement modifying the lease is not binding on the department unless approved in writing by the department. An executed copy of the assignment or agreement shall be furnished to the department for approval.

(d) That the marina construction shall be completed within a specified term, normally not more than 2 years from the date of issuance of the lease. An extension of time may be granted by the department for just cause. The lease shall be forfeited if the lessee does not complete the marina within the specified time set forth in the lease or the extension authorized by the department.

(e) That the construction and operation of the facility will not adversely impair the use of or destroy the waters or natural resources of the state.

(f) That the facility shall be maintained in an aesthetically pleasing manner.

(g) That the structures do not constitute a safety or navigation hazard and shall be maintained in good repair.

(h) That the lessee shall have sole maintenance responsibility of the facility and shall remove structures and improvements on the leased premises after nonuse or abandonment.

Nonuse or abandonment shall occur when the facility is not used for commercial purposes for 2 successive seasons following completion of construction or execution of a lease.

(i) That upon nonuse or abandonment of the leased premises for marina purposes, or failure to construct or operate the marina facility in accordance with the lease conditions, the lessee shall execute and deliver to the department a release in recordable form of all his or her rights and interests in the lease premises. The release shall not relieve the lessee of the lease and surety bond requirements until all obligations have been met and the bond is duly discharged.

**History**
- *History: 1982 AACS.*

##### **Mich. Admin. Code R 322.1005** Agreements; department authorization; conditions {#sec-r-322.1005 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 322.1005}

Rule 5. Persons shall secure an agreement from the department to use patented and unpatented bottomlands for industrial and commercial wharfage and other private waterfront development. At a minimum, the following conditions shall be in all agreements:

(a) Occupancy shall be governed by the terms of the act.

(b) Maintenance operations and improvements shall be approved by the department and shall not interfere with the public trust in adjacent waters and rights of adjacent riparian owners.

(c) At the time the agreement is terminated, all facilities and installations, including fills, shall be removed by the occupant to the satisfaction of the department.

(d) Assignment of an agreement shall not be binding on the department, unless approved in writing by the department.

**History**
- *History: 1982 AACS.*

##### **Mich. Admin. Code R 322.1006** Conveyance applications; approval criteria; provision for public access to Great Lakes waters required {#sec-r-322.1006 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 322.1006}

Rule 6. (1) Review of an application for a deed, lease, agreement, certificate of boundary determination, or certificate of accretion shall be based on the following criteria:

(a) Whether the deed, lease, or agreement has a clear and present necessity beyond mere convenience or economy.

(b) Whether the conveyance of unfilled submerged lands is necessary to accomplish the purposes and activities stated in the act.

(c) Whether the project conforms to required sanitation laws and does not injure the material rights of adjoining riparian owners or any riparian owners of the water affected.

(d) A determination by the department that the private or public use of such lands and waters will neither substantially affect the public use thereof nor impair the public trust or interest of the state.

(2) Conveyance to local units of government shall contain a provision for public access to and along Great Lakes waters.

**History**
- *History: 1982 AACS.*

##### **Mich. Admin. Code R 322.1007** Conveyance of real estate rights; determination of fair, cash market value {#sec-r-322.1007 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 322.1007}

Rule 7. (1) The consideration to be paid to the state for each bottomland parcel to be conveyed shall be determined by the department, but at no time shall the consideration be less than $50.00.

(2) The consideration to be paid as fair cash market value for a deed to filled unpatented bottomlands shall be determined as follows:

(a) Fills placed before the effective date of the act or before state permit authority, except those processed in accordance with subdivision (d) of this subrule, shall be charged 30% of the filled bottomland or full market value of the unfilled bottomlands, whichever is greater, giving due consideration to riparian rights.

(b) Fills placed after proper permits were obtained shall be charged a minimum of 30% of the value of the filled bottomland or full market value of the unfilled bottomlands, whichever is greater, giving due consideration to riparian rights.

(c) Fills placed in violation of the permitting authority of the act, if conveyed, shall be charged a minimum 100% of the value of the filled bottomlands based on their highest and best use. Due consideration may be given to riparian rights.

(d) Fills which were placed before the effective date of the act, which are used for residential purposes, which are part of a recorded subdivision, which are less than 1/4 acre, and which do not adversely affect the public trust may be charged a fee of $500.00 as the full market value. The fee stated in this subdivision shall be adjusted every 5 years according to the bureau of labor statistics 'all-items' index and other economic indicators.

(3) The consideration to be paid as fair cash value for deeds to unpatented lands which are not filled or substantially changed from their natural character and which are to be used or are being used for flood control, shore erosion control, drainage, and sanitation control shall be 30% of the value of the filled bottomland, based on its highest and best use, giving due consideration to riparian rights.

(4) The consideration for leases to unpatented bottomland for marina purposes shall be not less than 5% of the typical gross dockage and mooring rent in the area. A lease period may be a period of up to 50 years, but rental rates shall be adjusted at least every 5 years.

Adjustments shall be in all years ending in "0" or "5." The rental fee adjustment shall be directly proportional to the bureau of labor statistics 'all-items' index and other economic indicators. Typical gross dockage and mooring rent shall be based on the most efficient use of the area involved.

(5) Upon approval of any deed, lease, or other agreement, the application fee shall be credited against the consideration to be paid to the state.

**History**
- *History: 1982 AACS.*

##### **Mich. Admin. Code R 322.1008** Permits {#sec-r-322.1008 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 322.1008}

Rule 8. (1) A riparian owner shall obtain a permit from the department before dredging, filling, or placing spoil or other materials on bottomlands; dredging, altering, or maintaining an existing upland channel; or constructing a new upland channel.

(2) A permit for upland channelling, as required in section 12 of the act, is not required for the construction of boat wells and slips which are not more than 50 feet in length, as measured inland from the ordinary high-water mark, and which facilitate private, noncommercial recreational boat use, if dredging or placement of spoil does not extend lakeward of the ordinary high-water mark.

(3) Placing spoil or other material on bottomlands does not include either of the following:

(a) Seasonal, private, noncommercial docks and boat hoists.

(b) Maintenance of a structure constructed under a permit issued pursuant to the act, if the maintenance is in place and in kind with no design or materials modification.

**History**
- *History: 1982 AACS.*

##### **Mich. Admin. Code R 322.1009** Permit application procedures {#sec-r-322.1009 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 322.1009}

Rule 9. (1) An application for a permit shall be made on a form as prescribed and provided by the department. Application forms may be obtained from the department or from any designated field office of the department.

(2) An application for a permit shall not be considered administratively complete until all information requested on the application form, the application fee, and any other information requested by the department have been received by the department. After receipt of an otherwise complete application, the department may request such additional information, environmental assessments, records, or documents as are determined to be necessary to make a decision to grant or deny a permit. The department shall notify the applicant in writing when the application is administratively complete.

(3) If an applicant fails to respond to any written inquiry or request from the department within 30 days, the application shall be denied without prejudice and the file shall be closed.

(4) For upland channels, a fee of not less than $50.00, payable to: "State of Michigan," shall accompany the application.

**History**
- *History: 1982 AACS.*

##### **Mich. Admin. Code R 322.1010** Notification of pending applications; determination of applications; copies {#sec-r-322.1010 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 322.1010}

Rule 10. (1) Upon receiving an application for a permit or conveyance, except for applications for those projects stated in R 322.1013, the department shall submit copies for review to all of the following:

(a) The director of public health or the local health department designated by the director.

(b) The county, city, village, or township clerk.

(d) The local port commission, if any.

(e) The 2 adjacent riparian property owners.

(2) To be considered in the department's review of an application, a response to a public notice or request for a public comment meeting shall be received by the department within 20 days of the mailing of such public notice.

(3) Upon request, the department shall provide any person with a copy of a conveyance, permit, or application and supporting documents, pursuant to Act No. 442 of the Public Acts of 1976, as amended, being §15.231 et seq. of the Michigan Compiled Laws.

**History**
- *History: 1982 AACS.*

##### **Mich. Admin. Code R 322.1011** Permit issuance; conditions and requirements {#sec-r-322.1011 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 322.1011}

Rule 11. (1) The department may require such permit conditions as it deems reasonable and necessary to protect the public trust and private riparian interests, including any of the following conditions:

(a) The existence of a surety bond or other acceptable guarantee before issuing a permit for projects with the potential for significant environmental impact and the ability of the applicant to complete the project satisfactorily during the period of the permit.

(b) That dredged materials be deposited in a manner which will cause the least damage to the public trust, benefit public interests, or mitigate damage done through navigation projects.

(c) That filling, dredging, and placing spoil and other materials on bottomlands shall be conducted in a manner which will cause the least damage to the public trust and least disruption to the littoral drift and longshore processes, enhance the public trust or interests, or mitigate damages.

(d) Monitoring to assure that injury to the natural resources or to the riparian interests of adjacent property owners does not occur, including specifically monitoring the littoral drift in the project areas.

(e) That the project be in compliance with local zoning ordinances. If the facility is not in compliance and the local unit of government having proper jurisdiction notifies the department at the time of public notice objecting to the issuance of a permit, the department shall withhold permit issuance for 30 days from the date of expiration of public notice. If the local unit of government does not file an action to restrain operation of the facility in a public forum within the specified 30-day time frame, the department may issue a permit if all other criteria are met.

(f) That the work specified in the permit shall be completed within a specified term, normally not more than 1 year from the date of issuance, or as otherwise determined by the department. An extension of time may be granted by the department for just cause.

(2) Maintenance dredging permits may be granted for a period of 5 years if the area to be dredged and the disposal area remain the same.

(3) The department shall, upon request, provide advice to the applicant for the consideration and protection of the public trust and private riparian interests.

(4) A permit does not obviate the necessity of receiving approval from the United States army corps of engineers and, where applicable, other federal, state, or local units of government.

**History**
- *History: 1982 AACS; 1986 AACS.*

##### **Mich. Admin. Code R 322.1012** Upland channelling; requirements {#sec-r-322.1012 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 322.1012}

Rule 12. (1) The department shall not issue a permit for upland channelling, unless the project conforms to all of the following provisions:

(a) The channel will not significantly impair the public trust or interest, including fish and wildlife habitat, in the adjacent land and water area.

(b) The channel and adjacent commercial or residential development will conform to the requirements for platting land, local zoning, and sanitation laws.

(c) The channel will not cause material injury to the rights of adjoining riparian owners or any riparian owners of the water affected.

(d) The channel will be maintained pursuant to the conditions of the permit by existing and future owners of the land fronting the channel.

(e) Channelling will not be in conflict with other state statutes.

(f) Channels in multi-residential or commercial developments will be of sufficient width to accommodate prospective traffic, watercraft dockage, and maintenance dredging.

(g) Channels will be constructed to a sufficient depth to minimize weed growth.

(h) Stabilization of channel banks will be required to control bank slumping and siltation.

(i) Channels for multi-residential or commercial projects will be constructed so that the channel banks are a minimum of 100 feet from each adjacent riparian property line, except where an adjacent riparian owner's approval has been obtained.

(j) All dredged materials will be handled pursuant to R 322.1011.

(2) The channel shall be a public waterway, unless it is an intake or discharge canal as determined by the department.

**History**
- *History: 1982 AACS.*

##### **Mich. Admin. Code R 322.1013** Rescinded {#sec-r-322.1013 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 322.1013}

**History**
- *History: 1982 AACS; 1986 AACS; 2012 AACS.*

##### **Mich. Admin. Code R 322.1014** Rescinded {#sec-r-322.1014 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 322.1014}

**History**
- *History: 1982 AACS; 2012 AACS.*

##### **Mich. Admin. Code R 322.1015** Environmental assessment {#sec-r-322.1015 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 322.1015}

Rule 15. In each application for a permit, lease, deed, or agreement for bottomland, existing and potential adverse environmental effects shall be determined. Approval shall not be granted unless the department has determined both of the following:

(a) That the adverse effects to the environment, public trust, and riparian interests of adjacent owners are minimal and will be mitigated to the extent possible.

(b) That there is no feasible and prudent alternative to the applicant's proposed activity which is consistent with the reasonable requirements of the public health, safety, and welfare.

**History**
- *History: 1982 AACS.*

##### **Mich. Admin. Code R 322.1016** Inspection and certification of completed projects {#sec-r-322.1016 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 322.1016}

Rule 16. (1) The department may issue a certification for a project after final inspection, if the project was satisfactorily performed according to state permit.

(2) Where notice of certification is required as a permit condition, the permittee shall notify the department within 10 days of completion of the project to schedule a final inspection for certification. The department shall schedule its field inspection of a completed project when weather conditions will permit a thorough inspection.

(3) When any permit conditions are not complied with, enforcement action may be brought against the permit holder.

**History**
- *History: 1982 AACS.*

##### **Mich. Admin. Code R 322.1017** Hearings {#sec-r-322.1017 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 322.1017}

Rule 17. (1) The department may hold a public comment hearing when a proposed project appears to be controversial, where additional information is desired before action by the department, or upon request, if such request is made within the public notice period.

(2) Persons aggrieved by an action or inaction of the department may request a formal hearing on the matter, pursuant to the provisions of Act No. 306 of the Public Acts of 1969, as amended, being §24.201 et seq. of the Michigan Compiled Laws, within 60 days of the notice of the department's decision.

**History**
- *History: 1982 AACS.*

##### **Mich. Admin. Code R 322.1018** Rescission {#sec-r-322.1018 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 322.1018}

Rule 18. R 281.901 to R 281.915 of the Michigan Administrative Code, appearing on pages 973 to 977 of the 1979 Michigan Administrative Code, are rescinded.

**History**
- *History: 1982 AACS.*

### **R 323.1041 to R 323.1117** Water Resources Protection -- Part 4. Water Quality Standards

##### **Mich. Admin. Code R 323.1041** Purpose {#sec-r-323.1041 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.1041}

DEPARTMENT OF ENVIRONMENTAL QUALITY

WATER BUREAU

WATER RESOURCES PROTECTION

(By authority conferred on the department of environmental quality by sections 3103 and 3106 of 1994 PA 451, MCL 324.3103 and 324.3106)

PART 4. WATER QUALITY STANDARDS

Rule 41. The purpose of the water quality standards as prescribed by these rules is to establish water quality requirements applicable to the Great Lakes, the connecting waters, and all other surface waters of the state, to protect the public health and welfare, to enhance and maintain the quality of water, to protect the state's natural resources, and to serve the purposes of Public Law 92-500, as amended, 33 U.S.C. 1251 et seq., Part 31, Water Resources Protection, 1994 PA 451, MCL 324.3101 to 324.3119, and the Great Lakes water quality agreement enacted November 22, 1978, and amended in 1987. These standards may not reflect current water quality in all cases. Water quality of certain surface waters of the state may not meet standards as a result of natural causes or conditions unrelated to human influence. Where surface waters of the state may have been degraded due to past human activities and attainment of standards in the near future is not economically or technically achievable, these standards shall be used to improve water quality. These standards are the minimum water quality requirements by which the surface waters of the state shall be managed.

**History**
- *History: 1979 AC; 1986 AACS; 1994 AACS; 2006 AACS.*

##### **Mich. Admin. Code R 323.1043** Definitions; A to L {#sec-r-323.1043 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.1043}

Rule 43. As used in this part:

(a) "Acceptable daily exposure (ADE)" means an estimate of the maximum daily dose of a substance that is not expected to result in adverse noncancer effects to the general human population, including sensitive subgroups.

(b) "Acceptable wildlife endpoints" means subchronic and chronic endpoints that affect reproductive or developmental success, organismal viability, or growth or any other endpoint that is, or is directly related to, a parameter that influences population dynamics.

(c) "Acute-chronic ratio (ACR)" means a standard measure of the acute toxicity of a material divided by an appropriate measure of the chronic toxicity of the same material under comparable conditions.

(d) "Adverse effect" means any deleterious effect to organisms due to exposure to a substance. The term includes effects that are or may become debilitating, harmful, or toxic to the normal functions of the organism. The term does not include nonharmful effects such as tissue discoloration alone or the induction of enzymes involved in the metabolism of the substance.

(e) "Agriculture use" means a use of water for agricultural purposes, including livestock watering, irrigation, and crop spraying.

(f) "Anadromous salmonids" means trout and salmon that ascend streams to spawn.

(g) "Aquatic maximum value (AMV)" means the highest concentration of a material in the ambient water column to which an aquatic community can be exposed briefly without resulting in unacceptable effects, calculated according to the methodology specified in R 323.1057(2). The AMV is equal to 1/2 of the tier I or tier II final acute value (FAV).

(h) "Baseline bioaccumulation factor" means, for organic chemicals, a BAF that is based on the concentration of freely dissolved chemicals in the ambient water and takes into account the partitioning of the chemical within the organism. For inorganic chemicals, the term means a BAF that is based on the wet weight of the tissue.

(i) "Baseline bioconcentration factor" means, for organic chemicals, a BCF that is based on the concentration of freely dissolved chemicals in the ambient water and takes into account the partitioning of the chemical within the organism. For inorganic chemicals, the term means a BCF that is based on the wet weight of the tissue.

(j) "Bioaccumulation" means the net accumulation of a substance by an organism as a result of uptake from all environmental sources.

(k) "Bioaccumulation factor (BAF)" means the ratio, in liters per kilogram, of a substance's concentration in tissue of an aquatic organism to its concentration in the ambient water where both the organism and its food are exposed and the ratio does not change substantially over time.

(l) "Bioaccumulative chemical of concern (BCC)" means a chemical which, upon entering the surface waters, by itself or as its toxic transformation product, accumulates in aquatic organisms by a human health bioaccumulation factor of more than 1,000 after considering metabolism and other physiochemical properties that might enhance or inhibit bioaccumulation. The human health bioaccumulation factor shall be derived according to R 323.1057(5). Chemicals with half-lives of less than 8 weeks in the water column, sediment, and biota are not BCCs. The minimum BAF information needed to define an organic chemical as a BCC is either a field-measured BAF or a BAF derived using the biota-sediment accumulation factor (BSAF) methodology. The minimum BAF information needed to define an inorganic chemical as a BCC, including an organometal, is either a field-measured BAF or a laboratory-measured bioconcentration factor (BCF). The BCCs to which these rules apply are identified in table 5 of R 323.1057.

(m) "Bioconcentration" means the net accumulation of a substance by an aquatic organism as a result of uptake directly from the ambient water through gill membranes or other external body surfaces.

(n) "Bioconcentration factor (BCF)" means the ratio, in liters per kilogram, of a substance's concentration in tissue of an aquatic organism to its concentration in the ambient water in situations where the organism is exposed through the water only and the ratio does not change substantially over time.

(o) "Biota-sediment accumulation factor (BSAF)" means the ratio, in kilograms of organic carbon per kilogram of lipid, of a substance's lipid-normalized concentration in tissue of an aquatic organism to its organic carbon-normalized concentration in surface sediment in situations where the ratio does not change substantially over time, both the organism and its food are exposed, and the surface sediment is representative of average surface sediment in the vicinity of the organism.

(p) "Carcinogen" means a substance which causes an increased incidence of benign or malignant neoplasms in animals or humans or that substantially decreases the time in which neoplasms develop in animals or humans.

(q) "Chronic effect" means an adverse effect that is measured by assessing an acceptable endpoint and results from continual exposure over several generations or at least over a significant part of the test species' projected life span or life stage.

(r) "Coldwater fishery use" means the ability of a waterbody to support a balanced, integrated, adaptive community of fish species which thrive in relatively cold water, generally including any of the following:

(i) Trout.

(ii) Salmon.

(iii) Whitefish.

(iv) Cisco.

(s) "Connecting waters" means any of the following:

(i) The St. Marys river.

(ii) The Keweenaw waterway.

(iii) The Detroit river.

(iv) The St. Clair river.

(v) Lake St. Clair.

(t) "Control document" means any authorization issued by the department to any source of pollutants to surface waters of the state that specifies conditions under which the source is allowed to operate.

(u) "Conversion factor" means the decimal fraction of a metal corresponding to an estimate of the percent total recoverable metal that was dissolved in the aquatic toxicity tests that were most important in the derivation of the tier I or tier II aquatic life value for that metal.

(v) "Department" means the director of the Michigan department of environmental quality or his or her designee to whom the director delegates a power or duty by written instrument.

(w) "Depuration" means the loss of a substance from an organism as a result of any active or passive process.

(x) "Designated use" means those uses of the surface waters of the state as established by R 323.1100 whether or not they are being attained.

(y) "Discharge-induced mixing" means the mixing of a discharge and receiving water that occurs due to discharge momentum and buoyancy up to the point where mixing is controlled by ambient turbulence.

(z) "Dissolved oxygen" means the amount of oxygen dissolved in water and is commonly expressed as a concentration in terms of milligrams per liter.

(aa) "Dissolved solids" means the amount of materials dissolved in water and is commonly expressed as a concentration in terms of milligrams per liter.

(bb) "EC50" means a statistically or graphically estimated concentration that is expected to cause 1 or more specified effects in 50% of a group of organisms under specified conditions.

(cc) "Effluent" means a wastewater discharge from a point source to the surface waters of the state.

(dd) "Endangered species act (ESA)" means the endangered species act of 1973, as amended, 16 U.S.C. §1531 et seq.

(ee) "Endangered or threatened species" means Michigan species that have been identified as endangered or threatened pursuant to section 4 of the endangered species act and listed in 50 C.F.R. §17 (2000).

(ff) "Fecal coliform" means a type of coliform bacteria found in the intestinal tract of humans and other warm-blooded animals.

(gg) "Final acute value (FAV)" means the level of a chemical or mixture of chemicals that does not allow the mortality or other specified response of aquatic organisms to exceed 50% when exposed for 96 hours, except where a shorter time period is appropriate for certain species. The FAV shall be calculated under R 323.1057(2) if appropriate for the chemical.

(hh) "Final chronic value (FCV)" means the level of a substance or a mixture of substances that does not allow injurious or debilitating effects in an aquatic organism resulting from repeated long-term exposure to a substance relative to the organism's lifespan, calculated using the methodology specified in R 323.1057(2).

(ii) "Fish consumption use" means the ability of a surface water of the state to provide a fishery for human consumption that is consistent with the level of protection provided by these rules.

(jj) "Food chain multiplier (FCM)" means the ratio of a BAF to an appropriate BCF.

(kk) "Harmonic mean flow" means the number of daily flow measurements divided by the sum of the reciprocals of the flows.

(ll) "Human cancer value (HCV)" means the maximum ambient water concentration of a substance at which a lifetime of exposure from either drinking the water, consuming fish from the water, and conducting water-related recreation activities or consuming fish from the water and conducting water-related recreation activities will represent a plausible upper bound risk of contracting cancer of 1 in 100,000 using the exposure assumptions and methodology specified in R 323.1057(4).

(mm) "Human noncancer value (HNV)" means the maximum ambient water concentration of a substance at which adverse noncancer effects are not likely to occur in the human population from lifetime exposure through either drinking the water, consuming fish from the water, and conducting water-related recreation activities or consuming fish from the water and conducting water-related recreation activities, using the exposure assumptions and methodology specified in R 323.1057(4).

(nn) "Industrial water supply" means a water source intended for use in commercial or industrial applications or for noncontact food processing.

(oo) "Inland lake" means a surface water of the state that is an inland body of standing water situated in a topographic depression other than an artificial agricultural pond that is less than 1 acre, unless otherwise determined by the department. The department may designate a dammed river channel or an impoundment as an inland lake based on aquatic resources to be protected.

(pp) "Keweenaw waterway" means the entire Keweenaw waterway, including Portage lake, Houghton county.

(qq) "Lake Superior basin-bioaccumulative substances of immediate concern (LSB- BSIC)" means substances identified in the September 1991 binational program to restore and protect the Lake Superior basin, including all of the following:

(i) 2,3,7,8-tetrachlorodibenzo-p-dioxin (2,3,7,8-TCDD).

(ii) Octachlorostyrene.

(iii) Hexachlorobenzene.

(iv) Chlordane.

(v) Dichloro-diphenyl-trichloroethane (DDT) and metabolites.

(vi) Dieldrin.

(vii) Toxaphene.

(viii) Polychlorinated biphenyls (PCBs).

(ix) Mercury.

(rr) "LC50" means a statistically or graphically estimated concentration that is expected to be lethal to 50% of a group of organisms under specified conditions.

(ss) "Linearized multistage model" means a conservative mathematical model for cancer risk assessment. The model fits linear dose-response curves to low doses. The model is consistent with a no-threshold model of carcinogenesis.

(tt) "Loading capacity" means the greatest amount of pollutant loading that a water can receive without violating water quality standards.

(uu) "Lowest observed adverse effect level (LOAEL)" means the lowest tested dose or concentration of a substance that results in an observed adverse effect in exposed test organisms when all higher doses or concentrations result in the same or more severe effects.

(vv) "Lotic" means surface waters of the state that exhibit flow.

**History**
- *History: 1979 AC; 1984 AACS; 1986 AACS; 1994 AACS; 1997 AACS; 1999 AACS; 2006 AACS.*

##### **Mich. Admin. Code R 323.1044** Definitions; M to W {#sec-r-323.1044 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.1044}

Rule 44. As used in this part:

(a) "Maximum acceptable toxicant concentration (MATC)" means the concentration obtained by calculating the geometric mean of the lower and upper chronic limits from a chronic test. A lower chronic limit is the highest tested concentration that did not cause the occurrence of a specific adverse effect. An upper chronic limit is the lowest tested concentration which did cause the occurrence of a specific adverse effect and above which all tested concentrations caused such an occurrence.

(b) "Mixing zone" means the portion of a water body in which a point source discharge or venting groundwater is mixed with the receiving water.

(c) "Natural water temperature" means the temperature of a body of water without an influence from an artificial source or a temperature as otherwise determined by the department.

(d) "New discharge" means any building, structure, facility, or installation from which there is or may be a discharge of substances to the surface waters of the state, the construction of which commenced after July 29, 1997.

(e) "No observed adverse effect level (NOAEL)" means the highest tested dose or concentration of a substance that results in no observed adverse effect in exposed test organisms where higher doses or concentrations result in an adverse effect.

(f) "Nonpoint source" means a source of material to the surface waters of the state other than a source defined as a point source.

(g) "Octanol-water partition coefficient (Kow)" means the ratio of the concentration of a substance in the n-octanol phase to its concentration in the aqueous phase in an equilibrated 2-phase octanol-water system. For log Kow, the log of the octanol-water partition coefficient is a base 10 logarithm.

(h) "Palatable" means the state of being agreeable or acceptable to the sense of sight, taste, or smell.

(i) "Partial body contact recreation" means any activities normally involving direct contact of some part of the body with water, but not normally involving immersion of the head or ingesting water, including fishing, wading, hunting, and dry boating.

(j) "Plant nutrients" means the chemicals, including nitrogen and phosphorus, necessary for the growth and reproduction of aquatic rooted, attached, and floating plants, fungi, or bacteria.

(k) "Point source" means a discharge that is released to the surface waters of the state by a discernible, confined, and discrete conveyance, including any of the following from which wastewater is or may be discharged:

(i) A pipe.

(ii) A ditch.

(iii) A channel.

(iv) A tunnel.

(v) A conduit.

(vi) A well.

(vii) A discrete fissure.

(viii) A container.

(ix) A concentrated animal feeding operation.

(x) A boat or other watercraft.

(l) "Public water supply sources" means the surface waters of the state at the point of water intake as identified in the publication "public water supply intakes in Michigan," dated December 9, 1999, and contiguous areas as the department determines necessary to assure protection of the source.

(m) "Receiving waters" means the surface waters of the state into which an effluent is or may be discharged.

(n) "Relative source contribution (RSC)" means the factor (percentage) used in calculating an HNV to account for all sources of exposure to a contaminant. The RSC reflects the percent of total exposure that can be attributed to surface water through water intake and fish consumption.

(o) "Risk associated dose (RAD)" means a dose of a known or presumed carcinogenic substance, in milligrams per kilogram per day, that, over a lifetime of exposure, is estimated to be associated with a plausible upper bound incremental cancer risk equal to 1 in 100,000.

(p) "Sanitary sewage" means treated or untreated effluent that contains human metabolic and domestic wastes.

(q) "Significant industrial user (SIU)" means either of the following:

(i) A nondomestic user subject to categorical pretreatment standards under 40 C.F.R. §403 (1992) and 40 C.F.R. chapter I, subchapter N (1990).

(ii) A nondomestic user to which 1 of the following provisions applies:

(A) The user discharges an average of 25,000 gallons per day or more of process wastewater to the publicly owned treatment works, excluding sanitary, noncontact cooling, and boiler blowdown wastewater.

(B) The user contributes a process wastestream that makes up 5% or more of the average dry weather hydraulic or organic capacity of the publicly owned treatment works.

(C) The user is designated as a significant industrial user by the control authority on the basis that the user has a potential for adversely affecting the publicly owned treatment works' operation or for violating any pretreatment standard or requirement. Upon a finding that a nondomestic user meeting the criteria in this subdivision has no reasonable potential for adversely affecting the publicly owned treatment works' operation or for violating any pretreatment standard or requirement, the control authority may, at any time, on its own initiative or in response to a petition received from a nondomestic user or publicly owned treatment works, determine that a nondomestic user is not a significant nondomestic user.

(r) "Slope factor" means the incremental rate of cancer development calculated using a linearized multistage model or other appropriate model. It is expressed in milligrams per kilogram per day of exposure to the chemical in question and is also known as q *.

(s) "Standard" means a definite numerical value or narrative statement promulgated by the department to maintain or restore water quality to provide for, and fully protect, a designated use of the surface waters of the state.

(t) "Subchronic effect" means an adverse effect, measured by assessing an acceptable endpoint resulting from continual exposure for a period of time less than the time deemed necessary for a chronic test.

(u) "Surface waters of the state" means all of the following, but does not include drainage ways and ponds used solely for wastewater conveyance, treatment, or control:

(i) The Great Lakes and their connecting waters.

(ii) All inland lakes.

(iii) Rivers.

(iv) Streams.

(v) Impoundments.

(vi) Open drains.

(vii) Wetlands.

(viii) Other surface bodies of water within the confines of the state.

(v) "Suspended solids" means the amount of materials suspended in water and is commonly expressed as a concentration in terms of milligrams per liter.

(w) "Threshold effect" means an effect of a substance for which there is a theoretical or empirically established dose or concentration below which the effect does not occur.

(x) "Total body contact recreation" means any activities normally involving direct contact with water to the point of complete submergence, particularly immersion of the head, with considerable risk of ingesting water, including swimming.

(y) "Total maximum daily load (TMDL)" means an allowable pollutant loading to a surface water of the state as defined in R 323.1207.

(z) "Toxic substance" means a substance, except for heat, that is present in sufficient a concentration or quantity that is or may be harmful to plant life, animal life, or designated uses.

(aa) "Uncertainty factor (UF)" means one of several numeric factors used in operationally deriving criteria from experimental data to account for the quality or quantity of the available data.

(bb) "Uptake" means the acquisition of a substance from the environment by an organism as a result of any active or passive process.

(cc) "Venting groundwater" means groundwater that is entering a surface water of the state from a facility, as defined in section 20101 of 1994 PA 451, MCL 324.20101.

(dd) "Warmwater fishery use" means the ability of a waterbody to support a balanced, integrated, adaptive community of fish species which thrive in relatively warm water, including any of the following:

(i) Bass.

(ii) Pike.

(iii) Walleye.

(iv) Panfish.

(ee) "Wasteload allocation (WLA)" means the allocation for an individual point source which ensures that the level of water quality to be achieved by the point source complies with these rules.

(ff) "Wastewater" means any of the following:

(i) Storm water runoff that could result in injury to a use designated in R 323.1100.

(ii) Liquid waste resulting from commercial, institutional, domestic, industrial, and agricultural activities, including cooling and condensing waters.

(iii) Sanitary sewage.

(iv) Industrial waste.

(gg) "Water quality value" means a tier I or tier II aquatic life or human health value or tier I wildlife value developed under R 323.1057.

(hh) "Watershed" means the geographic region within which water drains into a particular river, stream, or body of water.

(ii) "Wetland" means land characterized by the presence of water at a frequency and duration sufficient to support, and that under normal circumstances does support, wetland vegetation or aquatic life.

(jj) "Whole effluent toxicity" means the total toxic effect of an effluent measured directly with a toxicity test under R 323.1219.

(kk) "Wildlife use" means that a waterbody will not likely cause population-level impacts to mammalian and avian wildlife populations from lifetime exposure to the waterbody as a source of drinking water and aquatic food, consistent with the level of protection provided by these rules.

(ll) "Wildlife value" means the maximum ambient water concentration of a substance at which adverse effects are not likely to result in population-level impacts to mammalian and avian wildlife populations from lifetime exposure through drinking water and aquatic food supply, using the methodology specified in R 323.1057(3).

**History**
- *History: 1979 AC; 1985 AACS; 1986 AACS; 1994 AACS; 1997 AACS; 2006 AACS.*

##### **Mich. Admin. Code R 323.1050** Physical characteristics {#sec-r-323.1050 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.1050}

Rule 50. The surface waters of the state shall not have any of the following physical properties in unnatural quantities which are or may become injurious to any designated use:

(a) Turbidity.

(b) Color.

(d) Floating solids.

(e) Foams.

(f) Settleable solids.

(g) Suspended solids.

(h) Deposits.

**History**
- *History: 1979 AC; 1986 AACS; 2006 AACS.*

##### **Mich. Admin. Code R 323.1051** Dissolved solids {#sec-r-323.1051 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.1051}

Rule 51. (1) The addition of any dissolved solids shall not exceed concentrations which are or may become injurious to any designated use. Point sources containing dissolved solids shall be considered by the commission on a case-by-case basis and increases of dissolved solids in the waters of the state shall be limited through the application of best practicable control technology currently available as prescribed by the administrator of the United States environmental protection agency pursuant to section 304(b) of Public Law 92-500, as amended, 33 U.S.C. §466 et seq., except that in no instance shall total dissolved solids in the waters of the state exceed a concentration of 500 milligrams per liter as a monthly average nor more than 750 milligrams per liter at any time, as a result of controllable point sources.

(2) The waters of the state designated as a public water supply source shall not exceed 125 milligrams per liter of chlorides as a monthly average, except for the Great Lakes and connecting waters, where chlorides shall not exceed 50 milligrams per liter as a monthly average.

**History**
- *History: 1979 AC; 1984 AACS.*

##### **Mich. Admin. Code R 323.1053** Hydrogen ion concentration {#sec-r-323.1053 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.1053}

Rule 53. The hydrogen ion concentration expressed as pH shall be maintained within the range of 6.5 to 9.0 S.U. in all surface waters of the state, except for those waters where the background pH lies outside the range of 6.5 to 9.0 S.U. Any requests to artificially induce a pH change greater than 0.5 S.U. in surface waters where the background pH lies outside the range of 6.5 to 9.0 S.U., shall be considered by the department on a case-by-case basis.

**History**
- *History: 1979 AC; 1986 AACS; 2006 AACS.*

##### **Mich. Admin. Code R 323.1055** Taste- or odor-producing substances {#sec-r-323.1055 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.1055}

Rule 55. The surface waters of the state shall contain no taste-producing or odorproducing substances in concentrations which impair or may impair their use for a public, industrial, or agricultural water supply source or which impair the palatability of fish as measured by test procedures approved by the department.

**History**
- *History: 1979 AC; 1986 AACS; 2006 AACS.*

##### **Mich. Admin. Code R 323.1057** Toxic substances {#sec-r-323.1057 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.1057}

Rule 57. (1) Toxic substances shall not be present in the surface waters of the state at levels that are or may become injurious to the public health, safety, or welfare, plant and animal life, or the designated uses of the waters. As a minimum level of protection, toxic substances shall not exceed the water quality values specified in, or developed pursuant to, the provisions of subrules (2) to (4) of this rule or conditions set forth by the provisions of subrule (6) of this rule. A variance to these values may be granted consistent with the provisions of R 323.1103.

(2) Levels of toxic substances in the surface waters of the state shall not exceed the aquatic life values specified in tables 1 and 2, or, in the absence of such values, values derived according to the following processes, unless site-specific modifications have been developed pursuant to subdivision (r) of this subrule:

(a) Minimum data requirements to derive a tier I final acute value (FAV), which is used to calculate a tier I aquatic maximum value (AMV), include the results of acceptable acute tests for 1 freshwater species from each of the following:

(i) The family salmonidae in the class Osteichthyes.

(ii) One other family, preferably a commercially or recreationally important warmwater species, in the class Osteichthyes.

(iii) A third family in the phylum Chordata.

(iv) A planktonic crustacean.

(v) A benthic crustacean.

(vi) An insect.

(vii) A family in a phylum other than Arthropoda or Chordata.

(viii) A family in any order of insect or any phylum not already represented.

(b) Minimum data requirements to derive a tier I final chronic value (FCV) include acceptable chronic tests for the data requirements in subdivision (a) of this subrule or acute-to-chronic ratios (ACRs) shall be available with at least 1 species of aquatic animal in at least 3 different families provided that, of the 3 species, all of the following provisions apply:

(i) At least 1 is a fish.

(ii) At least 1 is an invertebrate.

(iii) At least 1 is an acutely sensitive freshwater species. The other 2 may be saltwater species.

(i) Daphnids, other cladocerans, and midges. Tests with daphnids and other cladocerans shall be started with organisms less than 24 hours old and tests with midges shall be started with second or third instar larvae. The results shall be a 48-hour EC50 based on the total percentage oforganisms killed and immobilized. If the results of a 48hour EC50 based on the total percentage of organisms killed and immobilized are not available, then the results shall be a 48-hour LC50. Tests longer than 48 hours are acceptable if the animals were not fed and the control animals were acceptable at the end of the test.

(ii) Bivalve mollusc embryos and larvae. Results of a 96-hour EC50 based on the percentage of organisms that have incompletely developed shells plus the percentage of organisms killed. If the results of a 96-hour EC50 based on the percentage of organisms that have incompletely developed shells plus the percentage of organisms killed are not available, then the lowest of the following shall be used:

(A) A 48-hour to 96-hour EC50 based on the percentage of organisms that have incompletely developed shells plus the percentage of organisms killed.

(B) A 48-hour to 96-hour EC50 based upon the percentage of organisms that have incompletely developed shells.

(iii) All other aquatic animal species. Results of a 96-hour EC50 based on the percentage of organisms exhibiting loss of equilibrium plus the percentage of organisms immobilized plus the percentage of organisms killed. If results of a 96-hour EC50 based on the percentage of organisms exhibiting loss of equilibrium plus the percentage of organisms immobilized plus the percentage of organisms killed are not available, then the lowest of the following shall be used:

(A) The 96-hour EC50 based on the percentage of organisms exhibiting loss of equilibrium plus the percentage of organisms immobilized.

(B) The 96-hour LC50.

(d) The following are chronic test types to be used in the development of chronic values:

(i) Life cycle toxicity tests. Tests with fish should begin with embryos or newly hatched young that are less than 48 hours old, continue through maturation and reproduction, and end not less than 24 days, or 90 days for salmonids, after the hatching of the next generation.

Tests with daphnids should begin with young that are less than 24 hours old and last for not less than 21 days, or for ceriodaphnids not less than 7 days. Tests with mysids should begin with young that are less than 24 hours old and continue until 7 days past the median time of first brood release in the controls.

(ii) Partial life cycle toxicity tests for fishes. Exposure to the test material should begin with immature juveniles not less than 2 months before active gonad development, continue through maturation and reproduction, and end not less than 24 days, or 90 days for salmonids, after the hatching of the next generation.

(iii) Early life stage toxicity tests for fishes. Test durations are 28 to 32 days, or 60 days post hatch for salmonids, beginning shortly after fertilization and continuing through embryonic, larval, and early juvenile development.

(iv) Larval survival and growth test for fathead minnows, Pimephales promelas. The test is a static-renewal test 7 days in duration beginning with larvae that are less than 24 hours old. The tests shall be used on a case-by-case basis where the discharger demonstrates to the department, or the department determines, that the results of the tests are comparable to test results produced by any of the test methods identified in paragraphs (i) to (iii) of this subdivision.

(e) All of the following provisions apply in the selection of data for use in aquatic life value development:

(i) All data that are used shall be typed and dated and be accompanied by enough supporting information to indicate that acceptable test procedures, such as the procedures of the american society of testing and materials and the procedures of the United States EPA, were used and that the results are reliable.

(ii) Questionable data, data on formulated mixtures and emulsifiable concentrates, data on species that are nonresident to North America, and data obtained with previously exposed organisms shall not be used in the derivation of chemical-specific aquatic life values.

(iii) Acute values reported as "greater than" values and acute values that are above the solubility of the test material shall be used by assuming that the acute value is equal to the greater than value or the upper limit of the test material solubility, respectively.

(iv) The agreement of the data within and between species shall be considered. Acute values that appear to be questionable in comparison with other acute and chronic data for the same species and for other species in the same genus shall not be used.

(v) If the data indicate that 1 or more life stages are at least a factor of 2 more resistant than 1 or more other life stages of the same species, then the data for the more resistant life stages shall not be used in the calculation of an FAV.

(vi) Chronic values shall be based on the results of flow-through chronic tests in which the concentration of test material in the test solutions was measured at appropriate times during the test. However, renewal tests are acceptable for daphnids or the 7-day fathead minnow test.

(f) Where appropriate and where sufficient dissolved toxicological data or conversion factors are available, aquatic life water quality values for metals shall be expressed as dissolved to better approximate the bioavailable fraction in the water column.

(g) If the acute toxicity of the chemical has not been adequately shown to be related to hardness, pH, or other water quality characteristics, a tier I FAV shall be calculated using the following procedures:

(i) For each species for which at least 1 acceptable acute test result is available, the species mean acute value (SMAV) shall be calculated as the geometric mean of the results of all acceptable flow-through acute toxicity tests in which the concentrations of test material were measured with the most sensitive tested life stage of the species. For a species for which an acceptable flow-through acute toxicity test in which the concentrations of the test material were measured is not available, the SMAV shall be calculated as the geometric mean of all acceptable acute toxicity tests with the most sensitive tested life stage.

(ii) For each genus for which 1 or more SMAVs are available, the genus mean acute value (GMAV) shall be calculated as the geometric mean of the SMAVs.

(iii) Order the GMAVs from high to low.

(iv) Assign ranks, r, to the GMAVs from "1" for the lowest to "n" for the highest. If 2 or more GMAVs are identical, then assign them successive ranks.

(v) Calculate the cumulative probability, P, for each GMAV as r/(n + 1).

(vi) Select the 4 GMAVs that have cumulative probabilities closest to 0.05. If there are fewer than 59 GMAVs, the 4 GMAVs that have cumulative probabilities closest to 0.05 will always be the 4 lowest GMAVs.

(vii) Using the 4 selected GMAVs, and Ps, calculate the tier I FAV as follows:

S = ∑ ((ln G M A V) ) – (∑ (ln G M A V ))

∑ (P) – ( ∑ (P))

L = ∑ (ln G M A V) – S( ∑ (P))

A = S( 05.0) + L

Tier I FAV = e A .

(h)If data for the chemical are available to show that the acute toxicity of at least 1 fish and 1 invertebrate species is related to a water quality characteristic, then a tier I FAV equation shall be calculated using the following procedures:

(i) For each species for which comparable acute toxicity values are available at 2 or more different values of the water quality characteristic, perform a least squares regression of the acute toxicity values on the corresponding values of the water quality characteristic to obtain the slope and its 95% confidence limits for each species. Because the best documented water quality relationship is between hardness and acute toxicity of metals in fresh water and a log-log relationship fits these data, geometric means and natural logarithms of both toxicity and water quality shall be used. For relationships based on other water quality characteristics, no transformation or a different transformation might fit the data better, and appropriate changes shall be made.

(ii) Decide whether the data for each species are relevant taking into account the range and number of the tested values of the water quality characteristic and the degree of agreement within and between species.

(iii) If useful slopes are not available for at least 1 fish and 1 invertebrate, if the useful slopes are too dissimilar, or if too few data are available to adequately define the relationship between acute toxicity and the water quality characteristic, then return to the provisions of subdivision (g) of this subrule, using the results of tests conducted under conditions and in waters similar to those commonly used for toxicity tests with the species.

(iv) For each species, calculate the geometric mean, W, of the acute values and then divide each of the acute values for each species by W. This normalizes the acute values so that the geometric mean of the normalized values for each species individually and for any combination of species is 1.0. To select tests for calculating W, use the data preference requirements described in subdivision (e)(i) of this subrule.

(v) For each species, calculate the geometric mean, X, of the water quality characteristic data points and then divide each of the data points for each species by X.

This normalizes the water quality characteristic data points so that the geometric mean of the normalized data points for each species individually and for any combination of data points is 1.0.

(vi) For each species, perform a least squares regression of the normalized acute values on the normalized water quality characteristic. The resulting slopes and 95% confidence limits will be identical to those obtained in paragraph (i) of this subdivision.

(vii) Perform a least squares regression of all of the normalized acute values on the corresponding normalized values of the water quality characteristic to obtain the pooled acute slope, V, and its 95% confidence limits.

(viii) For each species, calculate the logarithm, Y, of the SMAV at a selected value, Z, of the water quality characteristic using the equation:

Y = ln W - V(ln X - ln Z).

(ix) For each species, calculate the SMAV at Z using the equation:

SMAV = e Y .

(x) For each species for which at least 1 acceptable acute test result is available, the species mean acute value (SMAV) shall be calculated as the geometric mean of the results of all acceptable flow-through acute toxicity tests in which the concentrations of test material were measured with the most sensitive tested life stage of the species. For a species for which an acceptable flow-through acute toxicity test in which the concentrations of the test material was measured is not available, the SMAV shall be calculated as the geometric mean of all acceptable acute toxicity tests with the most sensitive tested life stage.

(xi) Obtain the tier I FAV at Z by using the procedure described in subdivision (g)(ii) to (vii) of this subrule.

(xii) The tier I FAV equation for any selected value of a water quality characteristic is: tier I FAV = e (V[ln(water quality characteristic)]+A-V[lnZ])

Where:

V = pooled acute slope.

A = ln(tier 1 FAV at Z).

Z = selected value of the water quality characteristic as used in paragraph (viii) of this subdivision.

(i) If the acute and chronic toxicity of the chemical has not been adequately shown to be related to hardness, pH, or other water quality characteristics, then a tier I final chronic value (FCV) shall be calculated using the following procedures:

(i) If at least 1 maximum acceptable toxicant concentration (MATC) is available to meet each of the minimum data requirements as described in subdivision (a) of this subrule, then a species mean chronic value (SMCV) shall be determined for each species by calculating the geometric mean of the MATCs selected from acceptable tests in the following order of preference:

(A) All life cycle and partial life cycle toxicity tests with the species. (B) All early life stage tests.

(C) All 7-day larval survival and growth tests for fathead minnows. Genus mean chronic values (GMCV) shall then be calculated as the geometric mean of the SMCVs for the genus. The tier I FCV shall be obtained using the procedure described in subdivision (g)(i) to (vii) of this subrule substituting FCV for FAV, chronic for acute, SMCV for SMAV, and GMCV for GMAV.

(ii) If MATCs are not available to meet the minimum data requirements as described in subdivision (a) of this subrule, then the tier I FCV shall be calculated as follows:

(A) For each MATC for which at least 1 corresponding acute value is available, calculate an acute-to-chronic ratio (ACR). An ACR is calculated by dividing the geometric mean of the results of all acceptable flow- through acute tests in which the concentrations are measured by the MATC. Static tests are acceptable for daphnids and midges. For fish, the acute test or tests should be conducted with juveniles. Tests used to develop an ACR shall meet 1 of the following conditions and be used in the following order of preference:

(1) The acute test or tests are part of the same study as the chronic test.

(2) The acute test or tests were conducted as part of a different study as the chronic tests, but in the same laboratory and dilution water.

(3) The acute and chronic tests were conducted in the same dilution water, but in different laboratories.

(B) For each species, calculate the species mean ACR (SMACR) as the geometric mean of all ACRs available for that species.

(1) If the species mean ACR seems to increase or decrease as the SMAVs increase, then the tier I ACR shall be calculated as the geometric mean of the ACRs for species that have SMAVs which are close to the FAV.

(2) If a major trend is not apparent and the ACRs for all species are within a factor of 10, then the tier I ACR shall be calculated as the geometric mean of all of the SMACRs.

(3) If the SMACRs are less than 2.0, and especially if they are less than 1.0, acclimation has probably occurred during the chronic test. In this situation, because continuous exposure and acclimation cannot be assured to provide adequate protection in field situations, the tier I ACR shall be assumed to be 2, so that the tier I FCV is equal to the aquatic maximum value (AMV).

(D) Calculate the tier I FCV by dividing the tier I FAV by the tier I ACR. (j) If data for the chemical are available to show acute or chronic toxicity to at least 1 species is related to a water quality characteristic, then a tier I FCV equation shall be calculated using the following procedures:

(i) If MATCs are available to meet the minimum data requirements described in subdivision (a) of this subrule, then a tier I FAV equation shall be derived as follows:

(A) For each species for which comparable MATCs are available at 2 or more different values of the water quality characteristic, perform a least squares regression of the MATCs on the corresponding values of the water quality characteristic to obtain the slope and its 95% confidence limits for each species. Because the best documented water quality relationship is that between hardness and chronic toxicity of metals in fresh water and a log-log relationship fits these data, geometric means and natural logarithms of both toxicity and water quality shall be used. For relationships based on other water quality characteristics, no transformation or a different transformation might fit the data better, and appropriate changes shall be made.

(B) Decide whether the data for each species are relevant, taking into account the range and number of the tested values of the water quality characteristic and the degree of agreement within and between species.

(C) If a useful chronic slope is not available for at least 1 species or if the available slopes are too dissimilar or if too few data are available to adequately define the relationship between the MATC and the water quality characteristic, then assume that the chronic slope is the same as the acute slope, or return to subdivision (i) of this subrule, using the results of tests conducted under conditions and in water similar to conditions and water commonly used for toxicity tests with the species.

(D) For each species, calculate the geometric mean of the available MATCs, M, and then divide each MATC for a species by the mean for the species. This normalizes the MATCs so that the geometric mean of the normalized values for each species individually, and for any combination of species, is 1.0. To select tests for calculating M, use the data preference requirements described in subdivision (i)(i) of this subrule.

(E) For each species, calculate the geometric mean, P, of the water quality characteristic data points and then divide each of the data points for each species by P.

This normalizes the water quality characteristic data points so that the geometric mean of the normalized data points for each species individually and for any combination of data points is 1.0.

(F) For each species, perform a least squares regression of the normalized chronic toxicity values on the corresponding normalized values of the water quality characteristic.

(G) Perform a least squares regression of all the normalized chronic values on the corresponding normalized values of the water quality characteristic to obtain the pooled chronic slope, L, and its 95% confidence limits.

(H) For each species, calculate the logarithm, Q, of the SMCV at a selected value, Z, of the water quality characteristic using the equation:

Q = ln M - L(lnP - ln Z).

(I) For each species, calculate aN SMCV at Z using the equation: SMCV = e Q .

(J) Obtain the tier I FCV at Z by using the procedure described in subdivision (g)(ii) to (vii) of this subrule.

(K) The tier I FCV equation is written as follows: tier I FCV = e (L[ln water quality characteristic]) + S - L[lnZ])

Where:

L = pooled chronic slope.

S = ln(tier I FCV at Z).

Z = selected value of the water quality characteristic as used in subparagraph (h) of this paragraph.

(ii) If MATCs are not available to meet the minimum data requirements described in subdivision (a) of this subrule, then the tier I FCV equation shall be calculated as follows:

(A) If ACRs are available for enough species at enough values of the water quality characteristic to indicate that the ACR appears to be the same for all species and appears to be independent of the water quality characteristic, then calculate the tier I ACR as the geometric mean of the available SMACRs. The ACR shall be derived using the provisions in subdivision (i)(ii) of this subrule.

(B) Calculate the tier I FCV at the selected value Z of the water quality characteristic by dividing the tier I FCV FAV at Z, derived in subdivision (h) of this subrule, by the tier I ACR.

(D) The tier I FCV equation is written as follows:

Whe re: tier I FCV = e (L[ln water quality characteristic]) + S - L[lnZ])

L = pooled chronic slope.

S = ln(tier I FCV at Z).

Z = selected value of the water quality characteristic as used in subparagraph (B) of this paragraph.

(k) If the minimum data requirements in subdivision (a) of this subrule are not available to derive a tier I FAV, it is possible to derive a tier II FAV if the data base for the chemical contains a GMAV for Ceriodaphnia sp., Daphnia sp., or Simocephalus sp. and 1 other freshwater species that meets any additional minimum requirements of subdivision (a) of this subrule. To select tests for calculating a tier II FAV, use the data preference requirements described in subdivision (g)(i) of this subrule.

The tier II FAV shall be calculated for a chemical as follows:

(i) The lowest GMAV in the database is divided by the tier II acute factor (AF) from table 3 corresponding to the number of satisfied tier I minimum data requirements listed in subdivision (a) of this subrule.

(ii) If appropriate, the tier II FAV shall be made a function of a water quality characteristic in a manner similar to that described in subdivision (h) of this subrule.

(l) If the minimum data requirements in subdivision (b) of this subrule are not available to derive a tier I FCV, it is possible to derive a tier II FCV for a chemical by 1 of the following methods listed in order of preference:

(i) Tier II FCV = tier I FAV tier II ACR Where:

Tier II ACR = tier II acute-chronic ratio determined by assuming enough ACRs of 18 so that the total number of ACRs for the chemical equals 3. The tier II ACR is the geometric mean of the 3 ACRs.

(ii) Tier II FCV = tier II FAV tier I ACR Where:

Tier I ACR = the final acute-chronic ratio for the chemical derived using the provisions in subdivision (i)(ii) of this subrule.

(iii) Tier II FCV = tier II FAV tier II ACR (iv) If appropriate, the tier II FCV shall be made a function of a water quality characteristic in a manner similar to that described in subdivision (j) of this subrule.

(m) If, for a commercially or recreationally important species of the surface waters of the state, the geometric mean of the acute values or chronic values from a flow-through test in which the concentrations of the test materials were measured is lower than the calculated FAV or FCV, then that geometric mean shall be used as the FAV or FCV instead of the calculated FAV or FCV. For chemicals that have final acute or chronic value equations, if the SMAV or SMCV at Z of a commercially or recreationally important species of the surface waters of the state is lower than the calculated FAV or FCV at Z, then that SMAV or SMCV shall be used as the FAV or FCV at Z.

(n) The tier I or tier II aquatic maximum value (AMV) shall be derived by dividing the tier I or tier II FAV by 2.

(o) A water concentration protective of aquatic plants shall be evaluated for a chemical on a case-by-case basis if data are available from tests with an important aquatic plants species in which the concentration of test material is measured and the endpoint is biologically important. If appropriate, the tier I or tier II FCV shall be lowered to be protective of aquatic plants.

(p) On the basis of all available pertinent laboratory and field information, determine if the tier I and tier II aquatic life values are consistent with sound scientific evidence. If the values are not consistent with sound scientific evidence, then the values shall be adjusted to more appropriately reflect the weight of scientific evidence.

(q) The tier I or tier II AMV shall be applied as a 24-hour average and compliance shall be based on the average of all samples taken at a site within the same 24-hour period. The tier I or tier II FCV shall be applied as a monthly average and compliance shall be based on the average of all daily measurements taken at a site within the same calendar month.

(r) Aquatic life values may be modified on a site-specific basis to be more or less stringent to reflect local environmental conditions. All of the following provisions apply to aquatic life values modification:

(i) Less stringent modifications shall be based on sound scientific rationale, shall be protective of designated uses of the surface waters of the state, and shall not jeopardize the continued existence of endangered or threatened species listed or proposed under section 4 of the endangered species act or result in the destruction or adverse modification of the species’ critical habitat.

(ii) Modifications may be derived using the recalculation procedure, water effect ratio procedure, or resident species procedure described in section 3.7 entitled "Site-Specific Aquatic Life Criteria" in chapter 3 of the United States EPA Water Quality Standards Handbook, second edition - revised (1994). In addition, modifications may be derived using the procedure entitled “Streamlined Water Effect Ratio Procedure for Discharges of Copper” (United States EPA, 2001).

(iii) For the purposes of implementing the recalculation and resident species procedures described under paragraph (ii) of this subdivision, species that occur at a site include species to which any of the following provisions apply:

(A) The species are present at the site at any time of the year or are determined by a representative sampling regime.

(B) The species are present at the site only seasonally due to migration.

(D) The species were present at the site in the past, are not currently present at the site due to degraded conditions, and are expected to return to the site when conditions improve.

(E) The species are present in nearby bodies of water, are not currently present at the site due to degraded conditions, and are expected to be present at the site when conditions improve.

(iv) For the purposes of implementing the recalculation and resident species procedures described under paragraph (ii) of this subdivision, the species that occur at a site do not include species which were once present at the site, but which cannot exist at the site now due to permanent physical alteration of the habitat at the site.

L (v) More stringent modifications to protect endangered or threatened species listed or proposed under section 4 of the endangered species act may be accomplished using either of the following procedures:

(A) For a listed or proposed species or for a surrogate of a listed or proposed species, if the SMAV or SMCV is lower than the calculated FAV or FCV, the lower SMAV or SMCV may be used instead of the calculated FAV or FCV in developing site-specific modified criteria.

(B) The recalculation procedure described in section 3.7 entitled "Site- Specific Aquatic Life Criteria" in chapter 3 of the United States EPA Water Quality Standards Handbook, second edition-revised (1994).

(vi) Any site-specific modifications developed pursuant to this subdivision shall be approved by the department.

(3) Levels of toxic substances in the surface waters of the state shall not exceed the wildlife values specified in table 4 or, in the absence of such values, the wildlife values derived according to the following process, unless site-specific modifications have been developed pursuant to subdivision (n) of this subrule:

(a) Tier I wildlife values for the BCCs listed in table 5, with the exception of the wildlife values listed in table 4, shall be calculated using the following equation:

TD x Wt WV= UF A x UF S x UF L W + ∑( F TLi x BAF WL TLi )

Where:

WV = wildlife value in milligrams of substance per liter (mg/L).

TD = test dose (TD) in milligrams of substance per kilograms per day (mg/kg/d) for the test species. This shall be either a NOAEL or a LOAEL.

UF A = uncertainty factor (UF) for extrapolating toxicity data across species (unitless). A species-specific UF shall be selected and applied to each representative species, consistent with the equation.

UF S = UF for extrapolating from subchronic to chronic exposures (unitless).

UF L = UF for LOAEL to NOAEL extrapolations (unitless).

Wt = average weight in kilograms (kg) for the representative species.

W = average daily volume of water consumed in liters per day (L/d) by the representative species.

F TLi = average daily amount of food consumed from trophic level i in kilograms per day (kg/d) by the representative species.

BAF TLi = bioaccumulation factor (BAF) for wildlife food in trophic level i in liters per kilogram (L/kg), developed using the BAF methodology in subrule (5) of this rule. For consumption of piscivorous birds by other birds, for example herring gulls by eagles, the BAF is derived by multiplying the trophic level 3 BAF for fish by a biomagnification factor to account for the biomagnification from fish to the consumed birds.

(b) Piscivorous species are identified as the focus of concern for wildlife values. Three avian species - eagle, kingfisher, and herring gull - and 2 mammalian species - mink and otter - are used as representative species for protection. The TD obtained from toxicity data for each taxonomic class is used to calculate WVs for each of the 5 representative species.

(c) The avian WV is the geometric mean of the WVs calculated for the 3 representative avian species. The mammalian WV is the geometric mean of the WVs calculated for the 2 representative mammalian species. The lower of the mammalian and avian WVs shall be the final WV.

(d) A TD value is required for WV calculation. To derive a WV, the data set shall be sufficient to generate a subchronic or chronic dose-response curve for any given substance for both mammalian and avian species using acceptable wildlife endpoints. In reviewing the toxicity data available that meet the minimum data requirements for each taxonomic class, data from peer-reviewed field studies of wildlife species take precedence over other types of studies where the studies are of adequate quality. An acceptable field study shall be of subchronic or chronic duration, provide a defensible, chemical-specific dose-response curve in which cause and effect are clearly established, and assess acceptable wildlife endpoints. When acceptable wildlife field studies are not available or are determined to be of inadequate quality, the needed toxicity information may come from peer-reviewed laboratory studies. When laboratory studies are used, preference shall be given to laboratory studies with wildlife species over traditional laboratory animals to reduce uncertainties in making interspecies extrapolations. All available laboratory data and field studies shall be reviewed to corroborate the final WV, to assess the reasonableness of the toxicity value used, and to assess the appropriateness of any UFs that are applied. All of the following requirements apply when evaluating the studies from which a TD is derived:

(i) The mammalian data shall come from at least 1 well-conducted study of 90 days or more that is designed to observe acceptable wildlife endpoints.

(ii) The avian data shall come from at least 1 well-conducted study of 70 days or more that is designed to observe acceptable wildlife endpoints.

(iii) In reviewing the studies from which a TD is derived for use in calculating a WV, studies involving exposure routes other than oral may be considered only when an equivalent oral daily dose can be estimated and technically justified. The WV calculations are based on an oral route of exposure.

(iv) In assessing the studies that meet the minimum data requirements, preference should be given to studies that assess effects on developmental or reproductive endpoints because, in general, these are more important endpoints in ensuring that a population's productivity is maintained.

(e) In selecting data to be used in the derivation of WVs, the evaluation of acceptable endpoints will be the primary selection criterion. All data that are not part of the selected subset may be used to assess the reasonableness of the toxicity value and the appropriateness of the UFs. In addition, the following provisions shall apply:

(i) If more than 1 TD value based on different endpoints of toxicity is available within a taxonomic class, then that TD, which is likely to reflect best potential impacts to wildlife populations through resultant changes in mortality or fecundity rates, shall be used for the calculation of WVs.

(ii) If more than 1 TD based on the same endpoint toxicity is available within a taxonomic class, then the TD from the most sensitive species shall be used.

(iii) If more than 1 TD based on the same endpoint of toxicity is available for a given species, then the TD for that species shall be calculated using the geometric mean of the TDs for the same endpoint of toxicity.

(f) If a TD is available in units other than milligrams of substance per kilograms per day (mg/kg/d), then the following procedures shall be used to convert the TD to the appropriate units before calculating a WV:

(i) If the TD is given in milligrams of toxicant per liter of water consumed by the test animals (mg/L), then the TD shall be multiplied by the daily average volume of water consumed by the test animals in liters per day (L/d) and divided by the average weight of the test animals in kilograms (kg).

(ii) If the TD is given in milligrams of toxicant per kilogram of food consumed by the test animals (mg/kg), then the TD shall be multiplied by the average amount of food in kilograms consumed daily by the test animals (kg/d) and divided by the average weight of the test animals in kilograms (kg).

(g) When drinking and feeding rates and body weight are needed to express the TD in milligrams of substance per kilograms per day (mg/kg/d), they are obtained from the study from which the TD was derived. If not already determined, body weight and drinking and feeding rates are to be converted to a wet weight basis. If the study does not provide the needed values, then the values shall be determined as follows:

(i) For studies done with domestic laboratory animals, use either the publication entitled "Registry of Toxic Effects, a Comprehensive Guide," 1993, United States Department of Health and Human Services, NIOSH Publication No. 97-119, or the publication entitled "Recommendations for and Documentation of Biological Values for use in Risk Assessment," United States EPA, 1988 NTIS-PB88-179874.

(ii) If the references in paragraph (i) of this subdivision do not contain the information for the species used in a given study, then the following allometric equations shall be used:

(A)For mammalian species, the general allometric equations are as follows:

(1) F = 0.0687 x (Wt) 0.82 Where:

F = feeding rate of mammalian species in kilograms per day (kg/d) dry weight.

Wt = average weight in kilograms (kg) of the test animals.

(2) W = 0.099 x (Wt) 0.90 Where:

W = drinking rate of mammalian species in liters per day (L/d).

Wt = average weight in kilograms (kg) of the test animals.

(B) For avian species, the general allometric equations are as follows: (1) F = 0.0582 (Wt) 0.65 Where:

F = feeding rate of avian species in kilograms per day (kg/d) dry weight. Wt = average weight in kilograms (kg) of the test animals.

(2) W = 0.059 x (Wt) 0.67 Where:

W = drinking rate of avian species in liters per day (L/d).

Wt = average weight in kilograms (kg) of the test animals.

(h) If an NOAEL is unavailable as the TD and an LOAEL is available, then the LOAEL may be used to estimate the NOAEL. If used, the LOAEL shall be divided by an UF to estimate an NOAEL for use in deriving WVs. The value of the UF shall not be less than 1 and should not exceed 10, depending on the dose-response curve and any other available data, and is represented by UF L in the equation expressed in subdivision (a) of this subrule.

(i) If only subchronic data are available, then the TD may be derived from subchronic data. In such cases, the TD shall be divided by an UF to extrapolate from subchronic to chronic levels. The value of the UF shall not be less than 1 and should not exceed 10, and is represented by UF S in the equation expressed in subdivision (a) of this subrule.

This UF is to be used when assessing highly bioaccumulative substances where toxicokinetic considerations suggest that a bioassay of limited length underestimates chronic effects.

(j) The selection of the UF A shall be based on the available toxicological data and on available data concerning the physicochemical, toxicokinetic, and toxicodynamic properties of the substance in question and the amount and quality of available data. This UF A is a UF that is intended to account for differences in toxicological sensitivity among species and both of the following provisions apply:

(i)The UF A shall not be less than 1 and should not exceed 100 and shall be applied to each of the 5 representative species based on existing data and best professional judgment. The value of UF A may differ for each of the representative species.

(ii) The UF A shall be used only for extrapolating toxicity data across species within a taxonomic class; however, an interclass extrapolation employing a UF A may be used for a given chemical if it can be supported by a validated biologically-based doseresponse model or by an analysis of interclass toxicological data, considering acceptable endpoints, for a chemical analog that acts under the same mode of toxic action.

(k) The body weights (Wt), feeding rates (F TLi ), drinking rates (W), and trophic level dietary composition (as food ingestion rate and percent in diet) for each of the 5 representative species are presented in table 6.

The methodology for development of bioaccumulation factors is presented in subrule (5) of this rule. Trophic level 3 and 4 BAFs are used to derive WVs because these are the trophic levels at which the representative species feed.

(l) Determine, on the basis of all pertinent data available, whether the wildlife values derived are consistent with sound scientific evidence. If they are not, the values shall be adjusted to more appropriately reflect the weight of available scientific evidence.

(m) The WVs shall be applied as a monthly average and compliance shall be based on the average of all daily measurements taken at a site within the same calendar month.

(n) Wildlife values may be modified on a site-specific basis to be more or less stringent to reflect local environmental conditions. The modifications shall be derived by making appropriate site-specific adjustments to the methodology in this subrule. The following provisions shall apply:

(i) Less stringent modifications shall be protective of designated uses of the surface waters of the state, shall be based on sound scientific rationale, shall not jeopardize the continued existence of endangered or threatened species listed or proposed under section 4 of the endangered species act or result in the destruction or adverse modification of the species’ critical habitat, and shall consider the mobility of both the prey organisms and wildlife populations in defining the site for which criteria are developed.

(ii) More stringent modifications to protect endangered or threatened species listed or proposed under section 4 of the endangered species act may be accomplished by the use of an intraspecies uncertainty factor to account for protection of individuals within a wildlife population.

(iii) Any site-specific modifications developed pursuant to this subdivision shall be approved by the department.

(4) Levels of toxic substances in the surface waters of the state shall not exceed the human health values specified in tables 7 and 8 or, in the absence of such values, the values derived according to the following process, unless site-specific modifications have been developed pursuant to subdivision (h) of this subrule:

(a) Human cancer values (HCVs) and human noncancer values (HNVs) shall be derived based on either a tier I or tier II classification. The 2 tiers are primarily distinguished by the amount of toxicity data available for deriving the concentration levels and the quantity and quality of data on bioaccumulation. The best available toxicity data on the adverse health effects of a chemical and the best data on bioaccumulation factors shall be used when developing human health values. The toxicity data shall include data from well-conducted epidemiological studies or animal studies, or both, that provide, for carcinogens, an adequate weight of evidence of potential human carcinogenicity and, for tier I values for noncarcinogens, a dose-response relationship involving critical effects biologically relevant to humans. These data shall be obtained from sources described in 40 C.F.R. §132, appendix C, item II, “Minimum Data Requirements” (1995), including the integrated risk information system (IRIS), the scientific literature, and other informational databases, studies, or reports that contain adverse health effects data of adequate quality for use in this procedure. Strong consideration shall be given to the most currently available guidance provided by IRIS in deriving values, supplemented with any recent data not incorporated into IRIS.

Minimum data requirements to derive the human health values are as follows:

(i) HCVs shall be derived if there is adequate evidence of potential human carcinogenic effects for a chemical. Carcinogens shall be classified, depending on the weight of evidence, as either human carcinogens, probable human carcinogens, or possible human carcinogens. To develop tier I and tier II human cancer values, the following minimum data sets are necessary:

(A) Weight of evidence of potential human carcinogenic effects sufficient to derive a tier I HCV shall generally include human carcinogens and probable human carcinogens and can include, on a case-by-case basis, possible human carcinogens if studies have been well-conducted, although based on limited evidence, when compared to studies used in classifying human and probable human carcinogens. The decision to use data on a possible human carcinogen for deriving tier I values shall be a case-by-case determination. In determining whether to derive a tier I HCV, available information on mode of action, such as mutagenicity/genotoxicity (determinations of whether the chemical interacts directly with DNA), structure activity, and metabolism shall also be considered.

(B) Weight of evidence of possible human carcinogenic effects sufficient to derive a tier II HCV shall include the possible human carcinogens for which, at a minimum, there are data sufficient for quantitative risk assessment, but for which data are inadequate for tier I value development due to a tumor response of marginal statistical significance or inability to derive a strong dose-response relationship. In determining whether to derive tier II human cancer values, available information on mode of action, such as mutagenicity/genotoxicity (determinations of whether the chemical interacts directly with DNA), structure activity, and metabolism shall also be considered. As with the use of data on possible human carcinogens in developing tier I values, the decision to use data on possible human carcinogens to derive tier II values shall be made on a case-by-case basis.

(ii) To derive HNVs, all available toxicity data shall be evaluated. The full range of possible health effects of a chemical shall be considered in order to best describe the dose-response relationship of the chemical, and to calculate values which will protect against the most sensitive endpoint or endpoints of toxicity. Although it is desirable to have an extensive database that considers a wide range of possible adverse effects, this type of data exists for a very limited number of chemicals. For many others, there is a range in quality and quantity of data available. To assure minimum reliability of values, it is necessary to establish a minimum database with which to develop tier I or tier II values. The following procedures represent the minimum data sets necessary for this procedure:

(A) The minimum data set sufficient to derive a tier I HNV shall include at least 1 well-conducted epidemiologic study or animal study. A well- conducted epidemiologic study shall quantify exposure levels and demonstrate positive association between exposure to a chemical and adverse effects in humans. A well-conducted study in animals shall demonstrate a dose-response relationship involving 1 or more critical effects biologically relevant to humans. Ideally, the duration of a study should span multiple generations of exposed test species or at least a major portion of the lifespan of 1 generation. This type of data is currently very limited. By the use of uncertainty adjustments, shorter- term studies, such as 90-day subchronic studies, with evaluation of more limited effects, may be used to extrapolate to longer exposures or to account for a variety of adverse effects. For tier I values developed pursuant to this procedure, such a limited study shall be conducted for not less than 90 days in rodents or for 10% of the lifespan of other appropriate test species and shall demonstrate a no observable adverse effect level (NOAEL). Chronic studies of 1 year or longer with rodents or 50% of the lifespan or longer with other appropriate test species that demonstrate a lowest observable adverse effect level (LOAEL) may be sufficient for use in tier I value derivation if the effects observed at the LOAEL were relatively mild and reversible as compared to effects at higher doses. This does not preclude the use of a LOAEL from a study of chronic duration with only 1 or 2 doses if the effects observed appear minimal when compared to effect levels observed at higher doses in other studies.

(B) If the minimum data for deriving tier I values are not available to meet the tier I data requirements, then a more limited data base may be considered for deriving tier II values. As with tier I, all available data shall be considered and ideally should address a range of adverse health effects with exposure over a substantial portion of the lifespan, or multiple generations, of the test species. If such data are lacking, it may be necessary to rely on less extensive data to establish a tier II value. With the use of appropriate uncertainty factors to account for a less extensive database, the minimum data sufficient to derive a tier II value shall include a NOAEL from at least 1 well-conducted short-term repeated dose study. The study shall be conducted with animals, be of not less than 28 days duration, demonstrate a dose-response, and involve effects biologically relevant to humans. Data from studies of longer duration (more than 28 days) that may demonstrate other study conditions, as well as LOAELs from the studies (more than 28 days), may be more appropriate in some cases for derivation of tier II values. Use of a LOAEL should be based on consideration of the severity of effect, the quality of the study, and the duration of the study.

(iii) Bioaccumulation factor minimum data requirements for tier determination include the following:

(A) To be considered a tier I cancer or noncancer human health value, along with satisfying the minimum toxicity data requirements of paragraphs (i)(A) and (ii)(A) of this subdivision, an organic chemical shall meet 1 of the following bioaccumulation data requirements:

(1) A field-measured BAF.

(2) A BAF derived using the BSAF methodology.

(3) A chemical that has a BAF of less than 125 regardless of what method in subrule (5) of this rule was used to derive the BAF.

(B) To be considered a tier I cancer or noncancer human health value, along with satisfying the minimum toxicity data requirements of paragraphs (i)(A) and (ii)(A) of this subdivision, an inorganic chemical, including organometals such as mercury, shall meet 1 of the following bioaccumulative data requirements:

(1) A field-measured BAF.

(2) A laboratory-measured BCF.

(C) Cancer or noncancer human health values are considered tier II if they do not meet either the minimum toxicity data requirements of paragraphs (i)(A) and (ii)(A) of this subdivision or the minimum bioaccumulation data requirements of subparagraph (A) or (B) of this paragraph.

(b) The fundamental principles for human health cancer values development are as follows:

(i) A non-threshold mechanism of carcinogenesis shall be assumed unless biological data adequately demonstrate the existence of a threshold on a chemicalspecific basis.

(ii) All appropriate human epidemiologic data and animal cancer bioassay data shall be considered. Data specific to an environmentally appropriate route of exposure shall be used. Oral exposure is preferred over dermal and inhalation exposure since, in most cases, the exposure routes of greatest concern are fish consumption and drinking water/incidental ingestion. The risk associated dose shall be set at a level corresponding to an incremental cancer risk of 1 in 100,000. If acceptable human epidemiologic data are available for a chemical, then the data shall be used to derive the risk associated dose.

If acceptable human epidemiologic data are not available, then the risk associated dose shall be derived from available animal bioassay data. Data from a species that is considered most biologically relevant to humans, that is, responds most like humans, is preferred where all other considerations regarding quality of data are equal. In the absence of data to distinguish the most relevant species, data from the most sensitive species tested, that is, the species showing a carcinogenic effect at the lowest administered dose, shall generally be used.

(iii) If animal bioassay data are used and a non-threshold mechanism of carcinogenicity is assumed, then the data are fitted to a linearized multistage computer model, for example, a GLOBAL '86 or equivalent model. GLOBAL '86 is the linearized multistage model which was derived by Howe, Crump, and Van Landingham (1986) which the Unites States EPA uses to determine cancer potencies (Howe et al., 1986). The upperbound 95% confidence limit on risk, or the lower 95% confidence limit on dose, at the 1 in 100,000 risk level shall be used to calculate a risk associated dose (RAD) for individual chemicals. Other models, including modifications or variations of the linear multistage model that are more appropriate to the available data may be used where scientifically justified.

(iv) If the duration of the study is significantly less than the natural lifespan of the test animal, then the slope may be adjusted on a case-by- case basis to compensate for latent tumors that were not expressed.

(v) A species scaling factor shall be used to account for differences between test species and humans. It shall be assumed that milligrams per surface area per day is an equivalent dose between species. All doses presented in mg/kg bodyweight will be converted to an equivalent surface area dose by raising the mg/kg dose to the 3/4 power.

However, if adequate pharmacokinetic and metabolism studies are available, then these data may be factored into the adjustment for species differences on a case-by-case basis.

(vi) Additional data selection and adjustment decisions shall also be made in the process of quantifying risk. Consideration shall be given to tumor selection for modeling, that is, pooling estimates for multiple tumor types and identifying and combining benign and malignant tumors. All doses shall be adjusted to give an average daily dose over the study duration. Adjustments in the rate of tumor response shall be made for early mortality in test species. The goodness-of-fit of the model to the data shall also be assessed.

(vii) If a linear, non-threshold dose-response relationship is assumed, then the RAD shall be calculated using the following equation:

RAD = 0.00001 q1* Where:

RAD = risk associated dose in milligrams of toxicant per kilogram body weight per day (mg/kg/day). 0.00001 (1 x 10 -5 ) = incremental risk of developing cancer equal to 1 in100,000. q * = slope factor (mg/kg/day) -1 .

(viii) If human epidemiologic data or other biological data (animal), or both, indicate that a chemical causes cancer via a threshold mechanism, then the risk associated dose may, on a case-by-case basis, be calculated using a method that assumes a threshold mechanism is operative.

(i) Noncarcinogens shall generally be assumed to have a threshold dose or concentration below which no adverse effects should be observed. Therefore, the noncancer value is the maximum water concentration of a substance at or below which a lifetime exposure from drinking the water, consuming fish caught in the water, and ingesting water as a result of participating in water-related recreation activities is likely to be without appreciable risk of deleterious effects.

(ii) For some noncarcinogens, there may not be a threshold dose below which no adverse effects should be observed. Chemicals acting as genotoxic teratogens and germline mutagens are thought to possibly produce reproductive or developmental effects, or both, through a genetically linked mechanism that may have no threshold.

Other chemicals also may not demonstrate a threshold. Values for these types of chemicals will be established on a case-by-case basis using appropriate assumptions reflecting the likelihood that no threshold exists.

(iii) All appropriate human and animal toxicologic data shall be reviewed and evaluated. To the maximum extent possible, data most specific to the environmentally relevant route of exposure shall be used. Oral exposure is preferred over dermal and inhalation exposure since, in most cases, the exposure routes of greatest concern are fish consumption and drinking water/incidental ingestion. If acceptable human epidemiologic data are not available, then animal data from species most biologically relevant to humans shall be used. In the absence of data to distinguish the most relevant species, data from the most sensitive animal species tested, that is, the species showing a toxic effect at the lowest administered dose given a relevant route of exposure should generally be used.

(iv) Minimum data requirements are specified in subdivision (a)(ii)(A) of this subrule.

The experimental exposure level representing the highest level tested at which no adverse effects were demonstrated (NOAEL) from studies satisfying the minimum data requirements shall be used for value calculations. In the absence of a NOAEL, a LOAEL from studies satisfying the minimum data requirements may be used if based on relatively mild and reversible effects.

(v) Uncertainty factors shall be used to account for the uncertainties in predicting acceptable dose levels for the general human population based upon experimental animal data or limited human data. The uncertainty factors shall be determined as follows:

(A) An uncertainty factor of 1 to 10 shall be used when extrapolating from valid experimental results from studies on prolonged exposure to average healthy humans.

This factor of up to tenfold is used to protect sensitive members of the human population.

(B) An uncertainty factor of 1 to 10 shall be used when extrapolating from valid results of long-term studies on experimental animals when results of studies of human exposure are not available or are inadequate. When considered with subparagraph (A) of this paragraph, a factor of up to one hundredfold is used in extrapolating data from the average animal to protect sensitive members of the human population.

(C) An uncertainty factor of 1 to 10 shall be used when extrapolating from animal studies for which the exposure duration is less than chronic, but more than subchronic (90 days or more in length), or when other significant deficiencies in study quality are present, and when useful long- term human data are not available. When considered with subparagraphs (A) and (B) of this paragraph, a factor of up to one thousandfold is used in extrapolating data from less than chronic, but more than subchronic, studies for average animals to protect sensitive members of the human population from chronic exposure.

(D) An uncertainty factor of 1 to 3 shall be used when extrapolating from animal studies for which the exposure duration is less than subchronic (less than 90 days). When considered with subparagraphs (A), (B), and (C) of this paragraph, a factor of up to 3 thousandfold is used in extrapolating data from less than subchronic studies for average animals to protect sensitive members of the human population from chronic exposure.

(E) An additional uncertainty factor of 1 to 10 may be used when deriving a value from a LOAEL. The UF accounts for the lack of an identifiable NOAEL.

The level of additional uncertainty applied may depend upon the severity and the incidence of the observed adverse effect.

(F) An additional uncertainty factor of 1 to 10 may be applied when there are limited effects data or incomplete subacute or chronic toxicity data, for example, reproductive/developmental data. The level of quality and quantity of the experimental data available and structure-activity relationships may be used to determine the factor selected.

(G) When deriving a UF for use in developing an HNV, the total uncertainty, as calculated following subparagraphs (A) to (F) of this paragraph, shall not exceed 10,000 for tier I values and 30,000 for tier II values.

(vi) All study results shall be converted, as necessary, to the standard unit for acceptable daily exposure of milligrams of toxicant per kilogram of body weight per day (mg/kg/day). Doses shall be adjusted for continuous exposure (7 days/week, 24 hours/day).

(vii) The acceptable daily exposure (ADE) shall be calculated as follows:

ADE = NOAEL or LOAEL UF Where:

ADE = acceptable daily exposure in milligrams of toxicant per kilogram body weight per day (mg/kg/day).

NOAEL/LOAEL = the study NOAEL or LOAEL.

UF = the uncertainty factor derived in paragraph (v) of this subdivision. (d) Human health cancer values shall be derived using the following equation:

HCV = RAD XBW

WC + [(FC

TL3 X BAF

) + (FC

TL4 X BAF )]

Where:

HCV = human cancer value in milligrams per liter (mg/L).

RAD = risk associated dose in milligrams toxicant per kilogram body weight per day (mg/kg/day) that is associated with a lifetime incremental cancer risk equal to 1 in 100,000 for individual chemicals.

BW = weight of an average human (BW = 70 kg).

WC d = per capita water consumption, both drinking and incidental exposure, for surface waters specified in R 323.1100(8) = 2 liters/day, or WC r = per capita incidental daily water ingestion for surface waters not specified in R 323.1100(8) = 0.01 liters/day.

FC TL3 = consumption of regionally caught trophic level 3 fish = 0.0036 kg/day.

FC TL4 = consumption of regionally caught trophic level 4 fish = 0.0114 kg/day.

BAF = bioaccumulation factor for trophic level 3 fish, as derived using the BAF methodology in subrule (5) of this rule.

BAF = bioaccumulation factor for trophic level 4 fish, as derived using the BAF methodology in subrule (5) of this rule.

(e) Human noncancer values shall be derived using the following equation:

HNV = ADEX BW X RSC

WC + [(FC

TL3 X BAF

) + (FC

TL4 X

BAF )]

Where:

HNV = human noncancer value in milligrams per liter (mg/l).

ADE = acceptable daily exposure in milligrams toxicant per kilogram body weight per day (mg/kg/day).

RSC = relative source contribution factor of 0.8. An RSC derived from actual exposure data may be developed on a case-by-case basis.

BW = weight of an average human (BW = 70 kg).

FC TL3 = consumption of regionally caught trophic level 3 fish = 0.0036 kg/day.

FC TL4 = consumption of regionally caught trophic level 4 fish = 0.0114 kg/day.

BAF = human health bioaccumulation factor for edible portion of trophic level 3 fish, as derived using the BAF methodology in subrule (5) of this rule.

BAF = human health bioaccumulation factor for edible portion of trophic level 4 fish, as derived using the BAF methodology in subrule (5) of this rule.

(f) Determine, on the basis of all pertinent data available, whether the human health cancer and noncancer values derived are consistent with sound scientific evidence. If they are not, the values shall be adjusted to more appropriately reflect the weight of available scientific evidence.

(g) The tier I and tier II human health values shall be applied as monthly averages, and compliance shall be based on the average of all daily measurements taken at a site within the same calendar month.

(h) Human health values may be modified on a site-specific basis to be more or less stringent to reflect local environmental conditions or local human exposure. Less stringent human health values shall be protective of designated uses of the surface waters of the state and shall be based on sound scientific rationale. Any such modifications shall be derived by making appropriate site-specific adjustments to the methodology in this subrule and shall be approved by the department.

(5) Bioaccumulation factors (BAFs) used in the derivation of values in subrules (3) and (4) of this rule shall be developed according to the following process:

(a) Baseline BAFs shall be derived using the following 4 methods, listed in order of preference:

(i) A measured baseline BAF for an organic or inorganic chemical derived from a field study of acceptable quality.

(ii) A predicted baseline BAF for an organic chemical derived using field- measured biota-sediment accumulation factors (BSAFs) of acceptable quality.

(iii) A predicted baseline BAF for an organic or inorganic chemical derived from a bioconcentration factor (BCF) measured in a laboratory study of acceptable quality and a food chain multiplier (FCM).

(iv) A predicted baseline BAF for an organic chemical derived from an octanolwater partition coefficient (K ow ) of acceptable quality and an FCM.

(b) Selection of data for deriving BAFs shall be conducted as follows:

(i) Procedural and quality assurance requirements shall be met for field- measured BAFs as follows:

(A) The field studies used shall be limited to studies conducted in the Great Lakes system with fish at or near the top of the aquatic food chain (trophic levels 3 or 4 or 3 and 4).

(B) The trophic level of the fish species shall be determined.

(C) The site of the field study should not be so unique that the BAF cannot be extrapolated to other locations where the values will apply.

(D) For organic chemicals, the percent lipid shall be either measured or reliably estimated for the tissue used in the determination of the BAF.

(E) The concentration of the chemical in the water shall be measured in a way that can be related to particulate organic carbon (POC) or dissolved organic carbon (DOC), or both, and should be relatively constant during the steady-state time period.

(F) For organic chemicals that have a log K ow of more than 4, the concentrations of POC and DOC in the ambient water shall be either measured or reliably estimated.

(G) For inorganic and organic chemicals, BAFs shall be used only if they are expressed on a wet weight basis. BAFs reported on a dry weight basis cannot be converted to wet weight unless a conversion factor is measured or reliably estimated for the tissue used in the determination of the BAF.

(ii) All of the following procedural and quality assurance requirements shall be met for field-measured BSAFs:

(A) The field studies used shall be limited to studies conducted in the Great Lakes system with fish at or near the top of the aquatic food chain, for example, in trophic levels 3 or 4 or 3 and 4.

(B) Samples of surface sediments (0 to 1 centimeters is ideal) shall be from locations in which there is net deposition of fine sediment and is representative of average surface sediment in the vicinity of the organism.

(D) The site of the field study should not be so unique that the resulting BAF cannot be extrapolated to other locations where the values will apply.

(E) The trophic level of the fish species shall be determined.

(F) The percent lipid shall be either measured or reliably estimated for the tissue used in the determination of the BAF.

(iii) The following procedural and quality assurance requirements shall be met for laboratory-measured BCFs:

(A) The test organism shall not be diseased, unhealthy, or adversely affected by the concentration of the chemical.

(B) The total concentration of the chemical in the water shall be measured and should be relatively constant during the steady-state time period.

(D) For organic chemicals, the percent lipid shall be either measured or reliably estimated for the tissue used in the determination of the BCF.

(E) For organic chemicals that have a log K ow of more than 4, the concentrations of POC and DOC in the test solution shall be either measured or reliably estimated.

(F) Laboratory-measured BCFs should be determined using fish species, but BCFs determined with molluscs and other invertebrates may be used with caution. For example, because invertebrates metabolize some chemicals less efficiently than vertebrates, a baseline BCF determined for such a chemical using invertebrates is expected to be higher than a comparable baseline BCF determined using fish.

(G) If laboratory-measured BCFs increase or decrease as the concentration of the chemical increases in the test solutions in a bioconcentration test, then the BCF measured at the lowest test concentration that is above existing in the control water shall be used.

A BCF should not be calculated from a control treatment. The concentrations of an inorganic chemical in a bioconcentration test should be greater than normal background levels and greater than levels required for normal nutrition of the test species if the chemical is a micronutrient, but below levels that adversely affect the species.

Bioaccumulation of an inorganic chemical might be overestimated if concentrations are at or below normal background levels due to, for example, nutritional requirements of the test organisms.

(H) For inorganic and organic chemicals, BCFs shall be used only if they are expressed on a wet weight basis. BCFs reported on a dry weight basis cannot be converted to wet weight unless a conversion factor is measured or reliably estimated for the tissue used in the determination of the BAF.

(I) BCFs for organic chemicals may be based on measurement of radioactivity only when the BCF is intended to include metabolites or when there is confidence that there is no interference due to metabolites.

(J) The calculation of the BCF shall appropriately address growth dilution.

(K) Other aspects of the methodology used should be similar to the aspects of the methodology described in the american society for testing and materials (ASTM) standard entitled "Standard Guide for Conducting Bioconcentration Tests with Fishes and Saltwater Bivalve Molluscs," Standard E 1022-94 (1994), which is adopted by reference in R 323.1117.

(iv) The following procedural and quality assurance requirements shall be met for predicted BCFs:

(A) The K ow used shall be of acceptable quality as described in paragraph (v) of this subdivision.

(B) The predicted baseline BCF shall be calculated using the following equation:

Predicted baseline BCF = K ow Where:

K ow = octanol-water partition coefficient.

(v) The value of Kow used for an organic chemical shall be determined by giving priority to the experimental and computational techniques used as follows:

Log K ow <4: Priority Technique 1 Slow-stir 1 Generator-column 1 Shake-flask 2 Reverse-phase liquid chromatography on C18 chromatography packing with extrapolation to 0% solvent 3 Reverse-phase liquid chromatography on C18 chromatography packing without extrapolation to 0% solvent 4 Calculated by the CLOGP program Log Kow <4: Priority Technique 1 Slow-stir 1 Generator-column 2 Reverse-phase liquid chromatography on C18 chromatography packing with extrapolation to 0% solvent 3 Reverse-phase liquid chromatography on C18 chromatography packing without extrapolation to 0% solvent 4 Shake-flask 5 Calculated by the CLOGP program The CLOGP program is a computer program available from Pomona College. A value of K ow that seems to be different from the others should be considered an outlier and not used. The value of K ow used for an organic chemical shall be the geometric mean of the available K ow s with highest priority or can be calculated from the arithmetic mean of the available log K ow s with the highest priority. Because it is an intermediate value in the derivation of a BAF, the value used for the K ow of a chemical shall not be rounded to fewer than 3 significant digits, and a value for log K ow shall not be rounded to fewer than 3 significant digits after the decimal point.

(c) It is assumed that BAFs and BCFs for organic chemicals can be extrapolated on the basis of percent lipid from one tissue to another and from one aquatic species to another in most cases. Because BAFs and BCFs for organic chemicals are related to the percent lipid, it does not make any difference whether the tissue sample is whole body or edible portion, but both the BAF (or BCF) and the percent lipid shall be determined for the same tissue. The percent lipid of the tissue should be measured during the BAF or BCF study, but in some cases the percent lipid can be reliably estimated from measurements on tissue from other organisms. If percent lipid is not reported for the test organisms in the original study, then it may be obtained from the author or, in the case of a laboratory study, lipid data for the same or a comparable laboratory population of test organisms that were used in the original study may be used. The lipid-normalized concentration, C l , of a chemical in tissue is defined using the following equation: l l f C C B  Where:

C B = concentration of the organic chemical in the tissue of aquatic biota (either whole organism or specified tissue) (mg/g). f l = fraction of the tissue that is lipid.

(d) By definition, baseline BAFs and BCFs for organic chemicals, whether measured or predicted, are based on the concentration of the chemical that is freely dissolved in the ambient water in order to account for bioavailability. The relationship between the total concentration of the chemical in the water, that is, that which is freely dissolved plus that which is sorbed to particulate organic carbon or to dissolved organic carbon, to the freely dissolved concentration of the chemical in the ambient water shall be calculated using the following equation: ))(( t wfd fd w CfC Where: fd w C = freely dissolved concentration of the organic chemical in the ambient water;. t w C = total concentration of the organic chemical in the ambient water;. fd f = fraction of the total chemical in the ambient water that is freely dissolved.

The fraction of the total chemical in the ambient water that is freely dissolved, f fd , shall be calculated using the following equation: f fd = 1 (DOC)(K ow )

1 + + (POC)(K ow )

Where:

DOC = concentration of dissolved organic carbon, kg of dissolved organic carbon/L of water.

K ow = octanol-water partition coefficient of the chemical.

POC = concentration of particulate organic carbon, kg of particulate organic carbon/L of water.

(e) In the absence of a field-measured BAF or a predicted BAF derived from a BSAF, an FCM shall be used to calculate the baseline BAF for trophic levels 3 and 4 from a laboratory-measured or predicted BCF. For an organic chemical, the FCM used shall be derived from table 9 using the chemical's log K ow and linear interpolation. An FCM of more than 1.0 applies to most organic chemicals that have a log K ow of 4 or more. The trophic level used shall take into account the age or size of the fish species consumed by the human, avian, or mammalian predator because for some species of fish the young are in trophic level 3 whereas the adults are in trophic level 4.

(f) A baseline BAF shall be calculated from a field-measured BAF of acceptable quality using the following equation:

Measured 1 Baseline BAF = - 1 f fd f l Where:

BAF t = BAF based on total concentration in tissue and water. f l = fraction of the tissue that is lipid. f fd = fraction of the total chemical that is freely dissolved in the ambient water.

The trophic level to which the baseline BAF applies is the same as the trophic level of the organisms used in the determination of the field- measured BAF. For each trophic level, a species mean measured baseline BAF shall be calculated as the geometric mean if more than 1 measured baseline BAF is available for a given species. For each trophic level, the geometric mean of the species mean measured baseline BAFs shall be calculated. If a baseline BAF based on a measured BAF is available for either trophic level 3 or 4, but not both, then a measured baseline BAF for the other trophic level shall be calculated using the ratio of the FCMs that are obtained by linear interpolation from table 9 for the chemical.

(g) A baseline BAF for organic chemical "i" shall be calculated from a fieldmeasured BSAF of acceptable quality using the following equation:

BAF t T (BSAF) i • (KOW) i (Baseline BAF) i = (Baseline BAF) r • (BSAF) r • (KOW) r Where:

(BSAF) i = BSAF for chemical i.

(BSAF) r = BSAF for the reference chemical r.

(K ow ) i = octanol-water partition coefficient for chemical i.

(K ow ) r = octanol-water partition coefficient for the reference chemical r. A BSAF shall be calculated using the following equation:

BSAF =

C l C soc Where:

C l = the lipid-normalized concentration of the chemical in tissue.

C soc = the organic carbon-normalized concentration of the chemical in sediment.

The organic carbon-normalized concentration of a chemical in sediment, C soc , shall be calculated using the following equation:

C s C soc = F oc Where:

C s = concentration of chemical in sediment (mg/g sediment). f oc =fraction of the sediment that is organic carbon.

Predicting BAFs from BSAFs requires data from a steady-state or near steady-state condition between sediment and ambient water for both a reference chemical "r" with a field-measured BAF fd and other chemicals "n=i" for which BSAFs are to be determined.

The trophic level to which the baseline BAF applies is the same as the trophic level of the organisms used in the determination of the BSAF. For each trophic level, a species mean baseline BAF shall be calculated as the geometric mean if more than 1 baseline BAF is predicted from BSAFs for a given species. For each trophic level, the geometric mean of the species mean baseline BAFs derived using BSAFs shall be calculated. If a baseline BAF based on a measured BSAF is available for either trophic level 3 or 4, but not both, a baseline BAF for the other trophic level shall be calculated using the ratio of the FCMs that are obtained by linear interpolation from table 9 for the chemical.

(h) A baseline BAF for trophic level 3 and a baseline BAF for trophic level 4 shall be calculated from a laboratory-measured BCF of acceptable quality and aN FCM using the following equation:

Measured 1 Baseline BAF= (FCM) - 1 f fd f l Where:

BCF T = BCF based on total concentration in tissue and water. f l = fraction of the tissue that is lipid. f fd = fraction of the total chemical in the test water that is freely dissolved.

FCM = the food chain multiplier obtained from table 9 by linear interpolation for trophic level 3 or 4, as necessary.

For each trophic level, a species mean baseline BAF shall be calculated as the geometric mean if more than 1 baseline BAF is predicted from laboratory-measured BCFs for a given species. For each trophic level, the geometric mean of the species mean baseline BAFs based on laboratory- measured BCFs shall be calculated.

(i) A baseline BAF for trophic level 3 and a baseline BAF for trophic level 4 shall be calculated from a K ow of acceptable quality and an FCM using the following equation:

Baseline BAF = (FCM)(predicted baseline BCF) = (FCM)( K OW )

Where: FCM = the food chain multiplier obtained from table 9 by linear interpolation for trophic level 3 or 4, as necessary.

K ow = octanol-water partition coefficient.

(j) Human health and wildlife BAFs for organic chemicals shall be derived as follows:

(i) The K ow of the chemical shall be used with a POC concentration of 0.00000004 kg/l and a DOC concentration of 0.000002 kg/l to yield the fraction freely dissolved: f fd = 1 + (DOC)(K ow ) + (POC)(K ow) = 1+ (0.000002 kg/L)(K ow ) + (0.00000004 kg/L)(K ow ) = 1+ (0.00000024 kg/L)(K ow )

(ii) The human health BAF for an organic chemical shall be calculated using the following equations:

BCF t T BAF HH TL (A) For trophic level 3: Human health = [(baseline BAF)(0.0182)+ 1](f fd )

(B) For trophic level 4:

Human health BAF HH TL = [(baseline BAF)(0.0310)+ 1](f fd )

Where: 0.0182 and 0.0310 are the standardized fraction lipid values for trophic levels 3 and 4, respectively, that are used to derive human health values.

(iii) The wildlife BAF for an organic chemical shall be calculated using the following equations:

(A) For trophic level 3:

Wildlife BAF WL TL = [(baseline BAF)(0.0646)+ 1](f fd )

(B) For trophic level 4:

Wildlife BAF WL TL = [(baseline BAF)(0.1031)+ 1](f fd )

Where: 0.0646 and 0.1031 are the standardized fraction lipid values for trophic levels 3 and 4, respectively, that are used to derive wildlife values.

(k) To calculate human health and wildlife BAFs for inorganic chemicals, the baseline BAFs for trophic levels 3 and 4 are both assumed to equal the BCF determined for the chemical with fish. The FCM is assumed to be 1 for both trophic levels 3 and 4.

However, an FCM greater than 1 might be applicable to some metals, such as mercury, if, for example, an organometallic form of the metal biomagnifies. The process specified in paragraphs (i) and (ii) of this subdivision shall be followed:

(i) The human health BAFs for inorganic chemicals shall be calculated as follows:

(A) Measured BAFs and BCFs used to determine human health BAFs for inorganic chemicals shall be based on edible tissue of freshwater fish unless it is demonstrated that whole-body BAFs or BCFs are similar to edible-tissue BAFs or BCFs. BCFs and BAFs based on measurements of aquatic plants and invertebrates shall not be used in the derivation of human health values.

(B) If 1 or more field-measured baseline BAFs for an inorganic chemical are available from studies conducted in the Great Lakes system with the muscle of fish, for each trophic level, a species mean measured baseline BAF shall be calculated as the geometric mean if more than 1 measured BAF is available for a given species; and the geometric mean of the species mean measured baseline BAFs shall be used as the human health BAF for that chemical.

(C) If an acceptable measured baseline BAF is not available for an inorganic chemical and 1 or more acceptable edible-portion laboratory- measured BCFs are available for the chemical, then a predicted baseline BAF shall be calculated by multiplying the geometric mean of the BCFs times an FCM. The FCM will be 1.0 unless chemical-specific biomagnification data support using a multiplier other than 1.0. The predicted baseline BAF shall be used as the human health BAF for that chemical.

(ii) The wildlife BAFs for inorganic chemicals shall be calculated as follows:

(A) Measured BAFs and BCFs used to determine wildlife BAFs for inorganic chemicals shall be based on whole-body freshwater fish and invertebrate data unless it is demonstrated that edible-tissue BAFs or BCFs are similar to whole-body BAFs or BCFs.

(B) If 1 or more field-measured baseline BAFs for an inorganic chemical are available from studies conducted in the Great Lakes system with the whole body of fish or invertebrates, for each trophic level, a species mean measured baseline BAF shall be calculated as the geometric mean if more than 1 measured BAF is available for a given species; and the geometric mean of the species mean measured baseline BAFs shall be used as the wildlife BAF for that chemical.

(C) If an acceptable measured baseline BAF is not available for an inorganic chemical and 1 or more acceptable whole-body laboratory- measured BCFs are available for the chemical, then a predicted baseline BAF shall be calculated by multiplying the geometric mean of the BCFs times an FCM. The FCM will be 1.0 unless chemical-specific biomagnification data support using a multiplier other than 1.0. The predicted baseline BAF shall be used as the wildlife BAF for that chemical.

(l) For both organic and inorganic chemicals, human health and wildlife BAFs for both trophic levels shall be reviewed for consistency with all available data concerning the bioaccumulation, bioconcentration, and metabolism of the chemical. For example, information concerning octanol-water partitioning, molecular size, or other physicochemical properties that might enhance or inhibit bioaccumulation should be considered for organic chemicals. BAFs derived in accordance with the methodology specified in this subrule shall be modified if changes are justified by available data.

(m) BAFs may be modified on a site-specific basis to be higher or lower to reflect local environmental conditions. Any site-specific modifications shall be derived by making appropriate site-specific adjustments to the methodology in this subrule and shall be approved by the department. Lower BAFs shall be protective of designated uses of the surface waters of the state and shall be based on sound scientific rationale to address sitespecific factors, including all of the following factors:

(i) The fraction of the total chemical that is freely dissolved in the ambient water is different than that used to derive the statewide BAFs.

(ii) Input parameters of the Gobas model and the disequilibrium constant are different at the site than the input parameters and the disequilibrium constant used to derive the statewide BAFs.

(iii) The percent lipid of aquatic organisms that are consumed and occur at the site is different than the percent lipid of aquatic organisms used to derive the statewide BAFs.

(iv) Site-specific field-measured BAFs or BSAFs are determined.

(6) In addition to the values derived by the method set forth in subrule (2) of this rule, biological techniques, including whole effluent toxicity requirements, may be used to assure that the acute and chronic aquatic life requirements of these rules are met in the surface waters of the state.

(7) If new information becomes available for the department to make a determination that any of the water quality values in tables 1, 2, 4, 7, and 8 should be revised, then a rule change shall be initiated by the department to modify the values. The revised values will be considered for the purposes of developing water quality-based effluent limits for national pollutant discharge elimination system permits and appropriate adjustments shall be made when the permit is reissued.

(8) Tables 1 to 9 read as follows:

Table 1. Aquatic Maximum Values for Protection of Aquatic Life in Ambient Waters.

Chemical AMV (ug/L)

ConversionFactor(CF)

Arsenic Cadmium (e 1.128(lnH)-3.6867 )(CF) 1.136672- (lnH)(0.041838)

Chromium(III)

(e 0.819(lnH)+3.7256 )(CF) 0.31 Chromium(VI) 10.98 Copper (e 0.9422(lnH)-1.7 )(CF) 0.

Cyanide 2n Dieldrin 0.n Endrin 0.08n Lindane 0.n Mercury 10.

Nickel (e 0.846(lnH)+2.255 )(CF) 0.99 Parathion 0.06n Pentachlorophenol e 1.005(pH)-4.869 n /a Zinc (e 0.8473(lnH)+0.884 )(CF) 0.97 AMV is the aquatic maximum value and is equal to 1/2 the FAV. The AMV shall be rounded to 2 significant digits.

Value is expressed as a dissolved concentration calculated using the specified conversion factor.

Value is expressed as free cyanide.

Value is expressed as a total concentration.

Note: The term "lnH" is the natural log of hardness, expressed as mg/L CaC03.

The term "n/a" means not applicable.

Table 2. Chronic Water Quality Values for Protection of Aquatic Life in Ambient Waters.

Chemical FCV (ug/L)

ConversionFactor(CF)

Arsenic Cadmium (e 0.7852(lnH)-2.715 )(CF) 1.101672- (lnH)(0.041838)

Chromium(III)

(e 0.819(lnH)+0.6848 )(CF 0.

Chromium(VI) 10.96 Copper (e 0.8545(lnH)-1.702 )(CF) 0.

Cyanide 5n Dieldrin 0.0n Endrin 0.0n Mercury 0.0.

Nickel (e 0.846(lnH)+0.0584 )(CF 0.99 Parathion 0.0n Pentachlorophenol e 1.005(pH)-5.134 n /a Selenium 5n Zinc (e 0.8473(lnH)+0.884 )(CF 0.98 FCV is the final chronic value. The FCV shall be rounded to 2 significant digits.

Value is expressed as a dissolved concentration calculated using the specified conversion factor.

Value is expressed as free cyanide.

Value is expressed as a total concentration.

Value is expressed as a total recoverable concentration.

Note: The term "lnH" is the natural log of hardness, as expressed in mg/L CaC03.

The term "n/a" means not applicable.

Table 3. Tier II Acute Factors.

Number of minimum data requirements satisfied Acu te Fact 2.......................................... 13 .0 3.......................................... 8 .0 4.......................................... 7 .0 5.......................................... 6 .1 6.......................................... 5 .2 7.......................................... 4 .3 Table 4. Water Quality Values for Protection of Wildlife.

Chemical Wildlife Value (ug/L)

DDT and metabolites................................... 0.000011 Mercury, including methylmercury............. 0.0013 PCBs (class) ................................................ 0.00012 2,3,7,8-TCDD.............................................. 0.0000000031 Table 5. Bioaccumulative Chemicals of Concern.

Chlordane 4,4’-DDD 4,4’-DDE 4,4’-DDT Dieldrin Hexachlorobenzene Hexachlorobutadiene Hexachlorocyclohexanes alpha-Hexachlorocyclohexane beta-Hexachlorocyclohexane delta- Hexachlorocyclohexane Lindane Mercury Mirex Octachlorostyrene Polychlorinated biphenyls (PCBs)

Pentachlorobenzene Photomirex 2,3,7,8-TCDD 1,2,3,4-Tetrachlorobenzene 1,2,4,5-tetrachlorobenzene Toxaphene Table 6. Exposure Parameters for the 5 Representative Species Identified for Protection.

Specie s Adult Body Weight Water Ingestion Rate Food Ingestion Rate of Prey In Each Trophic Level Trophic Level of Prey Units kgL/da y kg/da y Percent of diet Mink 0.8 0.08 TL3: 0.159 Other: 0.0177 TL3: 90% Other: 10 % Ott er 7.40.60 TL3: 0.977 TL4: 0.244 TL3: 80% TL4:20% Kingfishe r 0.1 0.01 TL3: 0.0672TL3: 100 % Herring gull1.10.06 TL3: 0.192 TL4: 0.0480 Other: 0.0267 Fish: 90 % TL3: 80% TL4: 20 % Other: 10 % Bald eagle4.60.16 TL3: 0.371 TL4: 0.0929 PB: 0.0283 Other: 0.0121 Fish: 92 % TL3: 80% TL4: 20 % Birds: 8% PB: 70 % Non-aquatic: 30 % Note: TL3 = trophic level 3 fish.

TL4 = trophic level 4 fish.

PB = piscivorous birds.

Other = nonaquatic birds and mammals.

Table 7. Human Noncancer Values for Protection of Human Health HNV (ug/L)

Chemical Drinking Nondrinking Benzene....................................19..........................................510 Chlordane..................................0.0014....................................0.0014 Chlorobenzene............................470........................................3200 Cyanides....................................600........................................48000 DDT.........................................0.002.......................................0.002 Dieldrin.....................................0.00041....................................0.00041 2, 4-dimethylphenol.....................450.........................................8700 2, 4-dinitrophenol........................55..........................................2800 Hexachlorobenzene.....................0.046........................................0.046 Hexachloroethane........................6.0..........................................7.6 Lindane..........................................0.47.........................................0.50 Mercury (including methylmercury)..0.0018......................................0.0018 Methylene chloride......................1600........................................90000 2,3,7,8- TCDD.............................0.000000067.............................0.000000067 Toluene....................................5600.......................................51000 Table 8., Human Cancer Values for the Protection of Human Health HNV (ug/L)

Chemical Drinking Nondrinking Benzene....................................12..........................................310 Chlordane..................................0.00025...................................0.00025 DDT..........................................0.00015...................................0.00015 Dieldrin......................................0.0000065................................0.000006 Hexachlorobenzene......................0.00045...................................0.00045 Hexachloroethane.........................5.3..........................................6.7 Methylene chloride.......................47...........................................2600 PBCs (class)................................0.000026..................................0.000026 2,3,7,8- TCDD..............................0.0000000086.............................0.0000000086 Toxaphene.................................0.000068...................................0.000068 Trichloroethylene.........................29...........................................370 Table 9. Food Chain Multipliers for Trophic Levels 2, 3, and 4.

Trophic Trophic a Troph ic Log K ow Level 2 Level 3 Level 2.0...................................... 1.000 ....................... 1.005..........................1.000 2.5 ..................................... 1.000 ....................... 1.010..........................1.002 3.0 ..................................... 1.000 ....................... 1.028.........................1.007 3.1 ..................................... 1.000 ....................... 1.034............................... 1.007 3.2...................................... 1.000 ....................... 1.042............................... 1.009 3.3...................................... 1.000 ....................... 1.053............................... 1.012 3.4...................................... 1.000 ....................... 1.067............................... 1.014 3.5...................................... 1.000 ....................... 1.083............................... 1.019 3.6...................................... 1.000 ....................... 1.103............................... 1.023 3.7...................................... 1.000 ....................... 1.128............................... 1.033 3.8 ..................................... 1.000 ....................... 1.161............................... 1.042 3.9 ..................................... ...1.000 ....................... 1.202............................... 1.054 4.0 ..................................... 1.000 ....................... 1.253............................... 1.072 4.1 ..................................... 1.000 ....................... 1.315............................... 1.096 4.2 ..................................... ..1.000 ....................... 1.380............................... 1.130 4.3 ..................................... 1.000 ....................... 1.491............................... 1.178 4.4...................................... 1.000 ....................... 1.614............................... 1.242 4.5 ..................................... 1.000 ....................... 1.766............................... 1.334 4.6 ..................................... 1.000 ....................... 1.950............................... 1.459 4.7 ..................................... 1.000 ....................... 2.175............................... 1.633 4.8 ..................................... 1.000 ....................... 2.452............................... 1.871 4.9 ..................................... 1.000 ....................... 2.780............................... 2.193 5.0 ..................................... 1.000 ....................... 3.181............................... 2.612 5.1 ..................................... 1.000 ....................... 3.643............................... 3.162 5.2 ..................................... 1.000 ....................... 4.188............................... 3.873 5.3 ..................................... 1.000 ....................... 4.803............................... 4.742 5.4 ..................................... 1.000 ....................... 5.502............................... 5.821 5.5 ..................................... 1.000 ....................... 6.266............................... 7.079 5.6 ..................................... 1.000 ....................... 7.096............................... 8.551 5.7 ..................................... 1.000 ....................... 7.962............................... 10.209 5.8 ..................................... 1.000 ....................... 8.841............................... 12.050 5.9 ..................................... 1.000 ....................... 9.716............................... 13.964 6.0 ..................................... 1.000 ....................... 10.556............................. 15.996 6.1 ..................................... 1.000 ....................... 11.337............................. 17.783 6.2 ..................................... 1.000 ....................... 12.064............................. 19.907 6.3 ..................................... 1.000 ....................... 12.691............................. 21.677 6.4 ..................................... 1.000 ....................... 13.228............................. 23.281 6.5 ..................................... 1.000 ....................... 13.662............................. 24.604 6.6 ..................................... 1.000 ....................... 13.980............................. 25.645 6.7 ..................................... 1.000 ....................... 14.223............................. 26.363 6.8 ..................................... 1.000 ...................... 14.355.............................. 26.669 6.9 ..................................... 1.000 ...................... 14.388.............................. 26.669 7.0 ..................................... 1.000 ...................... 14.305.............................. 26.242 7.1 ..................................... 1.000 ...................... 14.142.............................. 25.468 Table 9. Continued.

Trophic Trophic a Troph ic Log K ow Level 2 Level 3 Level 7.2...................................... 1.000 ....................... 13.852............................. 24.322 7.3 ..................................... 1.000 ....................... 13.474............................. 22.856 7.4 ..................................... 1.000 ....................... 12.987............................. 21.038 7.5 ..................................... 1.000 ....................... 12.517............................. 18.967 7.6 ..................................... 1.000 ....................... 11.708............................. 16.749 7.7 ..................................... 1.000 ....................... 10.914............................. 14.388 7.8 ..................................... 1.000 ....................... 10.069............................. 12.050 7.9 ..................................... 1.000 ....................... 9.162............................... 9.840 8.0 ..................................... 1.000 ....................... 8.222............................... 7.798 8.1 ..................................... 1.000 ....................... 7.278............................... 6.012 8.2 ..................................... 1.000 ....................... 6.361............................... 4.519 8.3 ..................................... 1.000 ....................... 5.489............................... 3.311 8.4 ..................................... 1.000 ....................... 4.683............................... 2.371 8.5 ..................................... 1.000 ....................... 3.296............................... 1.146 8.7 ..................................... 1.000 ....................... 2.732............................... 0.778 8.8 ..................................... 1.000 ....................... 2.246............................... 0.521 8.9 ..................................... 1.000....... ............... 1.837.............................. 0.345 9.0 ..................................... 1.000 ....................... 1.493............................... 0.226 a The FCMs for trophic level 3 are the geometric mean of the FCMs for sculpin and alewife.

Editor's Note: An obvious error in R 323.1057 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Annual Administrative Code Supplement,2006. The memorandum requesting the correction was published in Michigan Register, 2012 MR 18.

**History**
- *History: 1979 AC; 1986 AACS; 2006 AACS.*

##### **Mich. Admin. Code R 323.1058** Radioactive substances {#sec-r-323.1058 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.1058}

Rule 58. The control and regulation of radioactive substances discharged to the waters of the state shall be pursuant to the criteria, standards, or requirements prescribed by the United States nuclear regulatory commission in10 C.F.R. §20.1 et seq. and by the United States environmental protection agency.

**History**
- *History: 1979 AC; 1986 AACS.*

##### **Mich. Admin. Code R 323.1060** Plant nutrients {#sec-r-323.1060 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.1060}

Rule 60. (1) Consistent with Great Lakes protection, phosphorus which is or may readily become available as a plant nutrient shall be controlled from point source discharges to achieve 1 milligram per liter of total phosphorus as a maximum monthly average effluent concentration unless other limits, either higher or lower, are deemed necessary and appropriate by the department.

(2) In addition to the protection provided under subrule (1) of this rule, nutrients shall be limited to the extent necessary to prevent stimulation of growths of aquatic rooted, attached, suspended, and floating plants, fungi or bacteria which are or may become injurious to the designated uses of the surface waters of the state.

**History**
- *History: 1979 AC; 1986 AACS; 2006 AACS.*

##### **Mich. Admin. Code R 323.1062** Microorganisms {#sec-r-323.1062 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.1062}

Rule 62. (1) All surface waters of the state protected for total body contact recreation shall not contain more than 130 Escherichia coli (E. coli) per 100 milliliters, as a 30-day geometric mean. Compliance shall be based on the geometric mean of all individual samples taken during 5 or more sampling events representatively spread over a 30-day period. Each sampling event shall consist of 3 or more samples taken at representative locations within a defined sampling area. At no time shall the surface waters of the state protected for total body contact recreation contain more than a maximum of 300 E. coli per 100 milliliters. Compliance shall be based on the geometric mean of 3 or more samples taken during the same sampling event at representative locations within a defined sampling area.

(2) All surface waters of the state protected for partial body contact recreation shall not contain more than a maximum of 1,000 E. coli per 100 milliliters. Compliance shall be based on the geometric mean of 3 or more samples, taken during the same sampling event, at representative locations within a defined sampling area.

(3) Discharges containing treated or untreated human sewage shall not contain more than 200 fecal coliform bacteria per 100 milliliters, based on the geometric mean of all of 5 or more samples taken over a 30-day period, nor more than 400 fecal coliform bacteria per 100 milliliters, based on the geometric mean of all of 3 or more samples taken during any period of discharge not to exceed 7 days. Other indicators of adequate disinfection may be utilized where approved by the department.

(4) The department may suspend the provisions of subrule (3) of this rule, for the purpose of discharge permit issuance, from November 1 to April 30, upon an adequate demonstration by the applicant that designated uses will be protected. At a minimum, the provisions of subrule (2) of this rule shall be met.

(5) Acceptable levels of infectious organisms that are not specifically addressed by the provisions of subrules (1), (2), and (3) of this rule shall be established by the department on a case-by-case basis to assure that designated uses are protected.

**History**
- *History: 1979 AC; 1986 AACS; 1994 AACS; 2006 AACS.*

##### **Mich. Admin. Code R 323.1064** Dissolved oxygen in Great Lakes, connecting waters, and inland streams {#sec-r-323.1064 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.1064}

Rule 64. (1) A minimum of 7 milligrams per liter of dissolved oxygen in all Great Lakes and connecting waterways shall be maintained, and, except for inland lakes as prescribed in R 323.1065, a minimum of 7 milligrams per liter of dissolved oxygen shall be maintained at all times in all inland waters designated by these rules to be protected for coldwater fish.

In all other waters, except for inland lakes as prescribed by R 323.1065, a minimum of 5 milligrams per liter of dissolved oxygen shall be maintained. These standards do not apply for a limited warmwater fishery use subcategory or limited coldwater fishery use subcategory established pursuant to R 323.1100(11) or during those periods when the standards specified in subrule (2) of this rule apply.

(2) Surface waters of the state which do not meet the standards set forth in subrule (1) of this rule shall be upgraded to meet those standards. The department may issue permits pursuant to R 323.2145 which establish schedules to achieve the standards set forth in subrule (1) of this rule for point source discharges to surface waters which do not meet the standards set forth in subrule (1) of this rule and which commenced discharge before December 2, 1986. For point source discharges which commenced before December 2, 1986, the dischargers may demonstrate to the department that the dissolved oxygen standards specified in subrule (1) of this rule are not attainable through further feasible and prudent reductions in their discharges or that the diurnal variation between the daily average and daily minimum dissolved oxygen concentrations in those waters exceeds 1 milligram per liter, further reductions in oxygen?consuming substances from such discharges will not be required, except as necessary to meet the interim standards specified in this subrule, until comprehensive plans to upgrade these waters to the standards specified in subrule (1) of this rule have been approved by the department and orders, permits, or other actions necessary to implement the approved plans have been issued by the department. In the interim, all of the following standards apply:

(a) For surface waters of the state designated for use for coldwater fish, except for inland lakes as prescribed in R 323.1065, the dissolved oxygen shall not be lowered below a minimum of 6 milligrams per liter at the design flow during the warm weather season in accordance with R 323.1090(2) and (3). At the design flows during other seasonal periods, as provided in R 323.1090(3), a minimum of 7 milligrams per liter shall be maintained. At flows greater than the design flows, dissolved oxygen shall be higher than the respective minimum values specified in this subdivision.

(b) For surface waters of the state designated for use for warmwater fish and other aquatic life, except for inland lakes as prescribed in R 323.1065, the dissolved oxygen shall not be lowered below a minimum of 4 milligrams per liter, or below 5 milligrams per liter as a daily average, at the design flow during the warm weather season in accordance with R 323.1090(3) and (4). At the design flows during other seasonal periods as provided in R 323.1090(3), a minimum of 5 milligrams per liter shall be maintained. At flows greater than the design flows, dissolved oxygen shall be higher than the respective minimum values specified in this subdivision.

(c) For surface waters of the state designated for use for warmwater fish and other aquatic life, but also designated as principal migratory routes for anadromous salmonids, except for inland lakes as prescribed in R 323.1065, the dissolved oxygen shall not be lowered below 5 milligrams per liter as a minimum during periods of migration.

(3) The department may cause a comprehensive plan to be prepared to upgrade waters to the standards specified in subrule (1) of this rule taking into consideration all factors affecting dissolved oxygen in these waters and the cost effectiveness of control measures to upgrade these waters and, after notice and hearing, approve the plan. After notice and hearing, the department may amend a comprehensive plan for cause. In undertaking the comprehensive planning effort the department shall provide for and encourage participation by interested and impacted persons in the affected area.Persons directly or indirectly discharging substances which contribute towards these waters not meeting the standards specified in subrule (1) of this rule may be required after notice and order to provide necessary information to assist in the development or amendment of the comprehensive plan. Upon notice and order, permit, or other action of the department, persons directly or indirectly discharging substances which contribute toward these waters not meeting the standards specified in subrule (1) of this rule shall take the necessary actions consistent with the approved comprehensive plan to control these discharges to upgrade these waters to the standards specified in subrule (1) of this rule.

**History**
- *History: 1979 AC; 1986 AACS; 2006 AACS.*

##### **Mich. Admin. Code R 323.1065** Dissolved oxygen; inland lakes {#sec-r-323.1065 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.1065}

Rule 65. (1) The following standards for dissolved oxygen shall apply to the lakes designated for coldwater fish in R 323.1100(4) and (6):

(a) In stratified coldwater lakes which have dissolved oxygen concentrations less than 7 milligrams per liter in the upper half of the hypolimnion, a minimum of 7 milligrams per liter dissolved oxygen shall be maintained throughout the epilimnion and upper 1/3 of the thermocline during stratification. Lakes capable of sustaining oxygen throughout the hypolimnion shall maintain oxygen throughout the hypolimnion. At all other times, dissolved oxygen concentrations greater than 7 milligrams per liter shall be maintained.

(b) Except for lakes described in subdivision (c) of this subrule, in stratified coldwater lakes which have dissolved oxygen concentrations greater than 7 milligrams per liter in the upper half of the hypolimnion, a minimum of 7 milligrams per liter of dissolved oxygen shall be maintained in the epilimnion, thermocline, and upper half of the hypolimnion.

Lakes capable of sustaining oxygen throughout the hypolimnion shall maintain oxygen throughout the hypolimnion. At all other times, dissolved oxygen concentrations greater than 7 milligrams per liter shall be maintained.

(c) In stratified coldwater lakes which have dissolved oxygen concentrations greater than 7 milligrams per liter throughout the hypolimnion, a minimum of 7 milligrams per liter shall be maintained throughout the lake.

(d) In unstratified coldwater lakes, a minimum of 7 milligrams per liter of dissolved oxygen shall be maintained throughout the lake.

(2) For all other inland lakes not specified in subrule (1) of this rule, during stratification, a minimum dissolved oxygen concentration of 5 milligrams per liter shall be maintained throughout the epilimnion. At all other times, dissolved oxygen concentrations greater than 5 milligrams per liter shall be maintained.

**History**
- *History: 1979 AC; 1986 AACS; 2006 AACS.*

##### **Mich. Admin. Code R 323.1069** Temperature; general considerations {#sec-r-323.1069 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.1069}

Rule 69. (1) In all surface waters of the state, the points of temperature measurement normally shall be in the surface 1 meter; however, where turbulence, sinking plumes, discharge inertia or other phenomena upset the natural thermal distribution patterns of receiving waters, temperature measurements shall be required to identify the spatial characteristics of the thermal profile.

(2) Monthly maximum temperatures, based on the ninetieth percentile occurrence of natural water temperatures plus the increase allowed at the edge of the mixing zone and in part on long-term physiological needs of fish, may be exceeded for short periods when natural water temperatures exceed the ninetieth percentile occurrence. Temperature increases during these periods may be permitted by the department, but in all cases shall not be greater than the natural water temperature plus the increase allowed at the edge of the mixing zone.

(3) Natural daily and seasonal temperature fluctuations of the receivingwaters shall be preserved.

**History**
- *History: 1979 AC; 2006 AACS.*

##### **Mich. Admin. Code R 323.1070** Temperature of Great Lakes and connecting waters {#sec-r-323.1070 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.1070}

Rule 70. (1) The Great Lakes and connecting waters shall not receive a heat load which would warm the receiving water at the edge of the mixing zone more than 3 degrees Fahrenheit above the existing natural water temperature.

(2) The Great Lakes and connecting waters shall not receive a heat load which would warm the receiving water at the edge of the mixing zone to temperatures in degrees Fahrenheit higher than the following monthly maximum temperature:

(a) Lake Michigan north of a line due west from the city of Pentwater.

J F M A M J J A S O N D 40 40 40 50 55 70 75 75 75 65 60 45

(b) Lake Michigan south of a line due west from the city of Pentwater.

J F M A M J J A S O N D 45 45 45 55 60 70 80 80 80 65 60 50

J F M A M J J A S O N D 38 36 39 46 53 61 71 74 71 61 49 42

(d) Lake Huron north of a line due east from Tawas point:

J F M A M J J A S O N D 40 40 40 50 60 70 75 80 75 65 55 45

(e) Lake Huron south of a line due east from Tawas point, except Saginaw bay.

J F M A M J J A S O N D 40 40 40 55 60 75 80 80 80 65 55 45

(f) Lake Huron, Saginaw bay:

J F M A M J J A S O N D 45 45 45 60 70 75 80 85 78 65 55 45

(g) St. Clair river:

J F M A M J J A S O N D 40 40 40 50 60 70 75 80 75 65 55 50

(h) Lake St. Clair:

J F M A M J J A S O N D 40 40 45 55 70 75 80 83 80 70 55 45

(i) Detroit river:

J F M A M J J A S O N D 40 40 45 60 70 75 80 83 80 70 55 45

(j) Lake Erie:

J F M A M J J A S O N D 45 45 45 60 70 75 80 85 80 70 60 50

**History**
- *History: 1979 AC; 1986 AACS.*

##### **Mich. Admin. Code R 323.1072** Temperature; inland lakes; general standards {#sec-r-323.1072 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.1072}

Rule 72. Inland lakes shall not receive a heat load which would:

(a) Increase the temperature of the thermocline or hypolimnion or decrease the volume thereof.

(b) Increase the temperature of the receiving waters at the edge of the mixing zone more than 3 degrees Fahrenheit above the existing natural water temperature.

(c) Increase the temperature of the receiving waters at the edge of the mixing zone to temperatures greater than the following monthly maximum temperatures:

J F M A M J J A S O N D 45 45 50 60 70 75 80 85 80 70 60 50

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 323.1073** Temperature; inland lakes; anadromous salmonid migrations {#sec-r-323.1073 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.1073}

Rule 73. Warmwater inland lakes which serve as principal migratory routes for anadromous salmonids shall not receive a heat load during periods of migration at such locations and in a manner which may adversely affect salmonid migration or raise the receiving water temperature at the edge of the mixing zone more than 3 degrees Fahrenheit above the existing natural water temperature.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 323.1075** Temperature of rivers, streams, and impoundments {#sec-r-323.1075 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.1075}

Rule 75. (1) Rivers, streams, and impoundments naturally capable of supporting coldwater fish shall not receive a heat load which would do either of the following:

(a) Increase the temperature of the receiving waters at the edge of the mixing zone more than 2 degrees Fahrenheit above the existing natural water temperature.

(b) Increase the temperature of the receiving waters at the edge of the mixing zone to temperatures greater than the following monthly maximum temperatures:

J F M A M J J A S O N D 38 38 43 54 65 68 68 68 63 56 48 40

(2) Rivers, streams, and impoundments naturally capable of supporting warmwater fish shall not receive a heat load which would warm the receiving water at the edge of the mixing zone more than 5 degrees Fahrenheit above the existing natural water temperature.

(3) Rivers, streams, and impoundments naturally capable of supporting warmwater fish shall not receive a heat load which would warm the receiving water at the edge of the mixing zone to temperatures greater than the following monthly maximum temperatures:

(a) For rivers, streams, and impoundments north of a line between Bay City, Midland, Alma and North Muskegon:

J F M A M J J A S O N D 38 38 41 56 70 80 83 81 74 64 49 39

(b) For rivers, streams, and impoundments south of a line between Bay City, Midland, Alma, and North Muskegon, except the St. Joseph river:

J F M A M J J A S O N D 41 40 50 63 76 84 85 85 79 68 55 43

J F M A M J J A S O N D 50 50 55 65 75 85 85 85 85 70 60 50

(4) Non-trout rivers and streams that serve as principal migratory routes for anadromous salmonids shall not receive a heat load during periods of migration at such locations and in a manner which may adversely affect salmonid migration or raise the receiving water temperature at the edge of the mixing zone more than 5 degrees Fahrenheit above the existing natural water temperature.

**History**
- *History: 1979 AC; 1986 AACS.*

##### **Mich. Admin. Code R 323.1082** Mixing zones {#sec-r-323.1082 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.1082}

Rule 82. (1) A mixing zone is that portion of a water body allocated by the department where a point source or venting groundwater discharge is mixed with the surface waters of the state. Exposure in mixing zones shall not result in deleterious effects to populations of aquatic life or wildlife. As a minimum restriction, the final acute value (FAV) for aquatic life shall not be exceeded when determining a wasteload allocation (WLA) for acute aquatic life protection, unless it is determined by the department that a higher level is acceptable or it can be demonstrated to the department that an acute mixing zone is acceptable consistent with subrule (7) of this rule. The mixing zone shall not prevent the passage of fish or fish food organisms in a manner that would result in adverse impacts on the immediate or future populations of the fish or fish food organisms. The area of mixing zones shall be minimized. To this end, devices for rapid mixing, dilution, and dispersion are encouraged where practicable.A watercourse or portions of a watercourse that, without 1 or more point source discharges, would have no flow except during periods of surface runoff may be considered as a mixing zone for a point source discharge. A mixing zone established in this manner shall not apply to pollutants of initial focus specified in 40 C.F.R. §132 (1995) unless a site-specific determination under R 323.1057(2) has been conducted that shows that the existing and expected aquatic life in the watercourse will be adequately protected in the absence of chronic aquatic life water quality values.

(2) Unless otherwise stated in this rule, not more than 25% of the receiving water design flow for lotic systems, as stated in R 323.1090(2), shall be used when determining a whole effluent toxicity limit or a wasteload allocation for a toxic substance, in the absence of, or consistent with, a total maximum daily load, unless it can be demonstrated to the department that the use of a larger volume is acceptable consistent with subrule (7) of this rule.

(3) For ammonia and substances not included in subrule (2) of this rule, the design flow for lotic systems, as stated in R 323.1090(2)(a) or (3), shall be used when determining WLAs if the provisions in subrule (1) of this rule are met, unless the department determines that a more restrictive volume is necessary.

(4) For all substances, physical mixing zone boundaries may be established and shall be determined by the department on a case-by-case basis.

(5) Mixing zones in the Great Lakes and inland lakes for the purpose of determining WLAs and WET limits shall assume no greater dilution than 1 part effluent to 10 parts receiving water, unless it can be demonstrated to the department that use of a larger volume is acceptable consistent with subrule (7) of this rule. Except for ammonia, a larger mixing zone shall not be granted if it exceeds the area where discharge-induced mixing occurs. Mixing zones established under this subrule for thermal discharges to meet the Great Lakes and inland lake requirements of R 323.1069, R 323.1070, R 323.1072, R 323.1073, and R 323.1075 shall be determined by the department on a case-by-case basis.

(6) In addition to subrules (1), (2), (4), and (5) of this rule, the following provisions are applicable to bioaccumulative chemicals of concern (BCCs) when establishing WLAs:

(a) There shall be no mixing zones available for new discharges of BCCs to the surface waters of the state.

(b) Mixing zones for BCCs may be allowed for existing discharges to the surface waters of the state through November 14, 2010, pursuant to the provisions of this rule. After this date, except as provided in subdivisions (c) and (d) of this subrule, permits shall not authorize mixing zones for existing discharges of BCCs to the surface waters of the state, and WLAs for such discharges shall be set equal to the most stringent water quality value for that BCC.

(c) The department may grant mixing zones for any existing discharge of BCCs to the surface waters of the state where it can be demonstrated, on a case-by-case basis, that failure to grant a mixing zone would preclude water conservation measures that would lead to overall load reductions in BCCs.

(d) Upon the request of an existing discharger of a BCC to the surface waters of the state, the department may grant mixing zones beyond November 14, 2010, based upon technical and economic considerations, subject to all of the following provisions:

(i) The department must determine that all of the following provisions are satisfied:

(A) The discharger is in compliance with, and will continue to implement, all applicable technology-based treatment and pretreatment requirements of the clean water act of 1972, as amended, 33 U.S.C. §§301, 302, 304, 306, 307, 401, and 402, and is in compliance with its existing NPDES WQBELs, including those based on a mixing zone.

(B) The discharger has reduced, and will continue to reduce, to the maximum extent possible, the loading of the BCC for which a mixing zone is requested, by the use of costeffective controls or pollution-prevention alternatives that have been adequately demonstrated and are reasonably available to the discharger.

(ii) In making the determination in paragraph (i) of this subdivision, the department shall consider all of the following factors:

(A) The availability and feasibility, including cost effectiveness, of additional controls or pollution prevention measures for reducing and ultimately eliminating BCCs for the discharger, including additional controls or pollution prevention measures used by similar dischargers for reducing and ultimately eliminating BCCs.

(B) Whether the discharger or affected communities will suffer unreasonable economic effects if the mixing zone is eliminated.

(C) The extent to which the discharger will implement an ambient monitoring plan to ensure compliance with water quality values at the edge of any authorized mixing zone.

(D) Other information the department deems appropriate.

(iii) Any exceptions to the mixing zone elimination provision for existing discharges of BCCs granted pursuant to this subdivision shall comply with all of the following provisions:

(A) Not result in any less stringent limitations than the limitations that existed on July 29, 1997.

(B) Be limited to 1 permit term unless the department makes a new determination in accordance with this subrule for each successive permit application in which a mixing zone for the BCC is sought.

(C) Not likely jeopardize the continued existence of any endangered or threatened species listed or proposed under section 4 of the endangered species act or result in the destruction or adverse modification of the species' critical habitat.

(iv) For each draft NPDES permit that allows a mixing zone for a BCC after November 14, 2010, the NPDES fact sheet shall specify relevant information used to establish the mixing zone, including the mixing provisions used in calculating the permit limits and the identity of each BCC for which a mixing zone is proposed.

(7) For purposes of establishing a mixing zone other than as specified in subrules (1), (2), and (5) of this rule, a mixing zone demonstration shall be submitted to the department for approval and all of the following provisions apply:

(a) The mixing zone demonstration shall include all of the following:

(i) A description of the amount of dilution occurring at the boundaries of the proposed mixing zone and the size, shape, and location of the area of mixing, including the manner in which diffusion and dispersion occur.

(ii) For sources discharging to the Great Lakes and inland lakes, a definition of the location at which discharge-induced mixing ceases.

(iii) Documentation of the substrate character within the mixing zone.

(iv) Confirmation that the mixing zone does not interfere with or block the passage of fish or aquatic life.

(v) Confirmation that the mixing zone would not likely jeopardize the continued existence of any endangered or threatened species listed or proposed under section 4 of the endangered species act or result in the destruction or adverse modification of the species' critical habitat.

(vi) Confirmation that the mixing zone does not extend to a public water supply source pursuant to R 323.1100(8).

(vii) Confirmation that the mixing zone would not interfere with the designated or existing uses of the receiving water or downstream waters.

(viii) Documentation of background water quality concentrations.

(ix) Confirmation that the mixing zone does not promote undesirable aquatic life or result in a dominance of nuisance species.

(x) Confirmation that, by allowing additional mixing/dilution, the following will not occur:

(A) The formation of objectionable deposits.

(B) The concentration of floating debris, oil, scum, and other matter in concentrations that form nuisances.

(b) The mixing zone demonstration shall also address all of the following items:

(i) Whether or not adjacent mixing zones overlap.

(ii) Whether organisms would be attracted to the area of mixing as a result of the effluent character.

(iii) Whether the habitat supports endemic or naturally occurring species.

(iv) Why an increased mixing zone is necessary.

(v) Describe any pollution prevention measures that were evaluated to eliminate the need for an increased mixing zone.

(c) The mixing zone demonstration shall be based on the assumption that environmental fate or other physical, chemical, or biological factors do not affect the concentration of the toxic substance in the water column, within the proposed mixing zone, unless both of the following occur:

(i) Scientifically valid field studies or other relevant information demonstrate that degradation of the toxic substance is expected to occur during typical environmental conditions expected to be encountered.

(ii) Scientifically valid field studies or other relevant information address other factors that affect the level of toxic substances in the water column, including all of the following factors:

(A) Sediment release or resuspension.

(B) Chemical speciation.

**History**
- *History: 1979 AC; 1984 AACS; 1986 AACS; 1997 AACS; 2006 AACS.*

##### **Mich. Admin. Code R 323.1090** Applicability of water quality standards {#sec-r-323.1090 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.1090}

Rule 90. (1) The requirements prescribed by these rules shall not apply within mixing zones, except for the requirements prescribed in R 323.1050, or as otherwise specified by these rules.

(2) Water quality standards prescribed by these rules are minimally acceptable water quality conditions and shall apply at all flows equal to or exceeding the design flows, except where the department determines that a more restrictive design flow is necessary. The design flows in lotic systems shall be as follows:

(a) Unless otherwise stated in this rule, the design flow is equal to the lowest of the 12 monthly 95% exceedance flows. The 95% exceedance flow is the flow equal to or exceeded 95% of the time for the specified month.

(b) For human health values, the design flow is equal to the harmonic mean flow.

(3) A maximum of 4 seasonal design flows may be granted when determining surface water effluent limitations for ammonia or substances not addressed by R 323.1057 if it is determined by the department that the use of such design flows will protect water quality and be consistent with the protection of the public health, safety, and welfare. The seasonal design flows shall be the lowest of the monthly 95% exceedance flow for the months in each season.

(4) Alternate design flows may be used for intermittent wet weather discharges as necessary to protect the designated uses of the receiving water.

**History**
- *History: 1979 AC; 1984 AACS; 1997 AACS; 2006 AACS.*

##### **Mich. Admin. Code R 323.1092** Applicability of water quality standards to dredging or construction activities {#sec-r-323.1092 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.1092}

Rule 92. Unless the department determines, after consideration of dilution and dispersion, that such activities result in unacceptable adverse impacts on designated uses, the water quality standards prescribed by these rules shall not apply to dredging or construction activities within the surface waters of the state where such activities occur or during the periods of time when the aftereffects of dredging or construction activities degrade water quality within such waters of the state, if the dredging operations or construction activities have been authorized by the United States army corps of engineers or the department. The water quality standards shall apply, however, in nonconfined surface waters of the state utilized for the disposal of spoil from dredging operations, except within spoil disposal sites specifically defined by the United States army corps of engineers or the department.

**History**
- *History: 1979 AC; 1986 AACS; 2006 AACS.*

##### **Mich. Admin. Code R 323.1096** Determinations of compliance with water quality standards {#sec-r-323.1096 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.1096}

Rule 96. Analysis of the surface waters of the state to determine compliance with the water quality standards prescribed by these rules shall be made pursuant to procedures outlined in 40 C.F.R. §136 (2000), which are adopted by reference in R 323.1117 or other methods prescribed or approved by the department.

**History**
- *History: 1979 AC; 1986 AACS; 2006 AACS.*

##### **Mich. Admin. Code R 323.1097** Materials applications not subject to standards {#sec-r-323.1097 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.1097}

Rule 97. The application of materials for water resource management projects pursuant to state statutory provisions is not subject to the standards prescribed by these rules, but all projects shall be reviewed and approved by the department before application.

**History**
- *History: 1979 AC; 1986 AACS; 2006 AACS.*

##### **Mich. Admin. Code R 323.1098** Antidegradation {#sec-r-323.1098 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.1098}

Rule 98. (1) This rule applies to any action or activity pursuant to part 31 of Act No. 451 of the Public Acts of 1994, as amended, being §324.3101 et seq. of the Michigan Compiled Laws, that is anticipated to result in a new or increased loading of pollutants by any source to surface waters of the state and for which independent regulatory authority exists requiring compliance with water quality standards.

(2) For all waters, the level of water quality necessary to protect existing uses shall be maintained and protected. Where designated uses of the water body are not attained, there shall be no lowering of the water quality with respect to the pollutant or pollutants that are causing the nonattainment.

(3) Where, for individual pollutants, the quality of the waters is better than the water quality standards prescribed by these rules, that water shall be considered high quality and that quality shall be maintained and protected unless allowing lower water quality is necessary to accommodate important economic or social development in the area in which the waters are located. For high quality waters, no action resulting in the lowering of water quality shall occur unless the provisions of this rule have been complied with.

(4) A person applying for a control document in a high quality water or a Lake Superior basin - outstanding international resource water for a new or increased loading of pollutants shall show how the discharge is exempted under subrule (8) or (9) of this rule or provide a demonstration as follows:

(a) The applicant shall identify the social or economic development and the benefits to the area in which the waters are located that would be foregone if the new or increased loading of pollutants is not allowed. The factors to be addressed may include any of the following:

(i) Employment increases.

(ii) Production level increases.

(iii) Employment reductions avoidance.

(iv) Efficiency increases.

(v) Industrial, commercial, or residential growth.

(vi) Environmental or public health problem corrections.

(vii) Economic or social benefits to the community.

(b) For discharges of BCCs that result from operations at the facility, the applicant shall include an identification of the alternatives evaluated and the alternatives to be implemented to comply with the following requirements:

(i) The discharger shall minimize the new or increased loading of the BCC by implementation of any cost-effective pollution prevention alternatives and techniques which have been adequately demonstrated and which are reasonably available to the discharger that would eliminate or significantly reduce the new or increased loading of the BCC.

(ii) If pollution prevention alternatives implemented under paragraph (i) of this subdivision do not eliminate the new or increased loading of the BCC, then the discharger shall evaluate alternative or enhanced treatment techniques which have been adequately demonstrated and which are reasonably available to the discharger that would eliminate the new or increased loading of the BCC and shall implement the techniques that have a cost that is reasonable relative to the cost of treatment necessary to achieve applicable effluent limitations.

(iii) If the new or increased loading is a point source discharge to a Lake Superior basinoutstanding international resource water as defined in subrule (7) of this rule and if the BCC of concern is a LSB-BSIC, then the requirements of paragraph (ii) of this subdivision do not apply. If the pollution prevention alternatives implemented under paragraph (i) of this subdivision do not eliminate the new or increased loading of the LSB-BSIC to a Lake Superior basin-outstanding international resource water, then the discharger shall evaluate and implement the best technology in process and treatment (BTPT) that would eliminate or reduce the new or increased loading of the LSB-BSIC. BTPT shall be the most advanced treatment techniques which have been adequately demonstrated and which are reasonably available to the discharger. However, innovative or experimental technology shall also be considered if proposed by the discharger. Upon demonstration by the permittee, the requirement to implement BTPT may be waived by the department for new or increased loadings of LSB-BSICs that occur as trace contaminants in naturally occurring raw materials at the facility. If the BTPT requirement is waived, then the requirements of paragraph (ii) of this subdivision shall apply.

(5) If the department determines that the antidegradation demonstration information from subrule (4) of this rule shows that lowering of water quality is necessary to support important social and economic development in the area and that, if applicable, BTPT will be implemented consistent with subrule (4)(b)(iii) of this rule, then the department shall authorize the lowering of water quality through issuance of the control document. In no event may this decision allow water quality to be lowered below the minimum level required to fully support the designated uses. The antidegradation demonstration shall be available to the public for review during any public comment period on the control document.

(6) If high quality water bodies are designated outstanding state resource waters (OSRW) by the department, then controls shall be applied on pollutant sources to the OSRW or tributaries so that the water quality is not lowered in the OSRW. A short-term, temporary, for example, weeks or months, lowering of water quality in the OSRW may be permitted by the department on a case-by-case basis. The following water bodies are designated as OSRWs:

(a) The following water bodies designated as wild rivers pursuant to the Michigan scenic rivers act of 1991, 16 U.S.C. §1271 et seq:

(i) The Carp river (Mackinac county) - the 7.5-mile segment from Michigan state highway 123, T42N, R5W, section 2, to 1/4 of a mile upstream from forest development road 3119, T42N, R4W, section 4.

(ii) The Carp river (Mackinac county) - the 4.9-mile segment from 1/4 of a mile downstream of forest development road 3119, T42N, R4W, section 3, to McDonald rapids.

(iii) The east branch of the Ontonagon river (Houghton and Ontonagon counties) - the 25.5-mile segment from the east branch of the Ontonagon river’s confluence with an unnamed stream in T48N, R37W, section 30, to the Ottawa national forest boundary, T50W, R38W, section 33.

(iv) The middle branch of the Ontonagon river (Ontonagon county) - the 17.4-mile segment from Trout creek, T48N, R38W, section 20, to the northern boundary of the Ottawa national forest, T50N, R39W, section 12.

(v) The Sturgeon river (Baraga and Houghton counties) - the 16.5-mile segment from the Sturgeon river’s entry into the Ottawa national forest, T48N, R35W, section 12, to Prickett lake.

(vi) The east branch of the Tahquamenon river (Chippewa county) - the 3.2-mile segment from the center of T46N, R6W, section 20, to the boundary of the Hiawatha national forest, T46N, R6W, section 19.

(vii) The Yellow Dog river (Marquette county) - the 4-mile segment from the Yellow Dog river’s origin at the outlet of Bulldog lake dam, T50N, R29W, section 31, to the boundary of the Ottawa national forest, T50N, R29W, section 17.

(b) The main, north, south, east, and west branches of the Two-Hearted river and Dawson creek from their headwaters to the mouth of the river at Lake Superior, which are designated as wilderness rivers pursuant to part 305 of Act No. 451 of the Public Acts of 1994, as amended, being §324.30501 et seq. of the Michigan Compiled Laws.

(i) Sleeping bear dunes national lakeshore.

(ii) Pictured rocks national lakeshore.

(iii) Isle royale national park.

(7) All surface waters of the Lake Superior basin that are not identified as OSRWs are designated as Lake Superior basin - outstanding international resource waters (LSB- OIRW). Under the LSB-OIRW designation, new or increased loadings of any LSB-BSIC from point sources to the surface waters of the Lake Superior basin are prohibited unless the new or increased loading of a LSB-BSIC is consistent with the requirements of this rule.

(8) Except for water bodies designated as OSRWs, or as the department may determine on a case-by-case basis that the application of the procedures in this rule are required to adequately protect water quality, the following do not constitute a lowering of water quality.

(a) The short-term, temporary, for example, weeks or months, lowering of water quality.

(b) Bypasses that are not prohibited by regulations set forth in 40 C.F.R.§122.41(m)

(1995).

(c) Response actions undertaken to alleviate a release into the environment of pollutants that may pose an imminent and substantial danger to the public health or welfare under any of the following:

(i) The comprehensive environmental response, compensation and liability act of 1980, (CERCLA), as amended, 42 U.S.C. §9601 et seq.

(ii) The resource conservation and resource recovery act of 1976, as amended, 42 U.S.C. §6901 et seq.

(iii) Part 201 of Act No. 451 of the Public Acts of 1994, as amended, being §§324.20101 to 324.20141 of the Michigan Compiled Laws.

(iv) Part 213 of Act No. 451 of the Public Acts of 1994, as amended, being §§324.21301 to 324.21331 of the Michigan Compiled Laws.

(v) Part 31 of Act No. 451 of the Public Acts of 1994, as amended, being §§324.3101 to 324.3119 of the Michigan Compiled Laws.

(d) Discharges of pollutant quantities from the intake water at a facility proposing a new or increased loading of a pollutant, if the intake and discharge are on the same body of water.

(e) Increasing the sewered area, connecting new sewers and customers, or accepting trucked-in wastes, such as septage and holding tank wastes, by a publicly owned treatment works, if the increase is within the design flow of the facility, there is no increased loading due to nondomestic wastes from a significant industrial user for BCCs that are not specifically limited in the current permit, and there is no significant change expected in the characteristics of the wastewater collected.

(f) Intermittent increased loadings related to wet-weather conditions.

(g) New or increased loadings due to implementation of department-approved industrial or municipal controls on wet-weather related flows, including combined sewer overflows and industrial storm water.

(h) New or increased loadings authorized by certificates of coverage under NPDES general permits and notices of coverage for storm water from construction activities.

(i) Increased non-BCC loadings within the authorized levels of a limit in an existing control document.

(j) Increased BCC loadings within the authorized levels of a limit in an existing control document, except for those BCC loadings that result from actions by the permittee that would otherwise require submittal of an increased use request.

(k) New or increased loadings at a site where there is a simultaneous enforceable decrease in the allowed loading of the pollutant under consideration from sources contributing to the receiving water body, such that there is no net increase in the loading of the pollutant to the water body at that site consistent with trading rules established by the department.

(9) Except for water bodies designated as OSRWs, the following do not constitute a lowering of water quality:

(a) Increased loadings within the existing capacity and processes that are covered by the existing applicable control document, including the following:

(i) Normal operational variability.

(ii) Changes in intake water pollutants.

(iii) Increasing the production hours of the facility, for example, adding a second shift.

(iv) Increasing the rate of production.

(b) Changes in a control document that are not a result of changes in pollutant loading, but are the result of any of the following:

(i) Improved monitoring data.

(ii) New or improved analytical methods or sensitivity.

(iii) New or modified water quality values.

(c) Increased loadings of a pollutant which do not involve a BCC and which use less than 10% of the unused loading capacity that exists at the time of the request.

**History**
- *History: 1979 AC; 1986 AACS; 1997 AACS; 1999 AACS.*

##### **Mich. Admin. Code R 323.1099** Rescinded {#sec-r-323.1099 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.1099}

**History**
- *History: 1986 AACS; 1997 AACS.*

##### **Mich. Admin. Code R 323.1100** Designated uses {#sec-r-323.1100 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.1100}

Rule 100. (1) At a minimum, all surface waters of the state are designated and protected for all of the following uses:

(a) Agriculture.

(b) Navigation.

(d) Warmwater fishery.

(e) Other indigenous aquatic life and wildlife.

(f) Partial body contact recreation.

(g) Fish consumption.

(2) All surface waters of the state are designated and protected for total body contact recreation from May 1 to October 31 in accordance with the provisions of R 323.1062.

Total body contact recreation immediately downstream of wastewater discharges, areas of significant urban runoff, combined sewer overflows, and areas influenced by certain agricultural practices is contrary to prudent public health and safety practices, even though water quality standards may be met.

(3) If designated uses are interrupted due to uncontrollable circumstances during or following flood conditions, accidental spillages, or other emergencies, then notice shall be served upon entities affected by the interruption in accordance with procedures established by the department. Prompt corrective action shall be taken by the discharger to restore the designated uses.

(4) All inland lakes identified in the publication entitled "Coldwater Lakes of Michigan," as published in 1976 by the department of natural resources, are designated and protected for coldwater fisheries.

(5) All Great Lakes and their connecting waters, except for the entire Keweenaw waterway, including Portage lake, Houghton county, and Lake St.Clair, are designated and protected for coldwater fisheries.

(6) All lakes listed in the publication entitled "Designated Trout Lakes and Regulations," issued September 10, 1998, by the director of the department of natural resources under the authority of part 411 of 1994 PA 451, MCL 324.41101 et seq., are designated and protected for coldwater fisheries.

(7) All waters listed in the publication entitled "Designated Trout Streams for the State of Michigan," Director's Order No. DFI-101.97, by the director of the department of natural resources under the authority of section 48701(m) of 1994 PA 451, MCL 324.48701(m) are designated and protected for coldwater fisheries.

(8) All surface waters of the state that are identified in the publication "Public Water Supply Intakes in Michigan," dated December 9, 1999, are designated and protected as public water supply sources at the point of water intake and in such contiguous areas as the department may determine necessary for assured protection. In addition, all Michigan waters of the Great Lakes and connecting waters shall meet the human cancer and human noncancer values for drinking water established pursuant to R 323.1057(4). The requirement to meet the human cancer and human noncancer values for drinking water shall not apply to pollutant loadings from a tributary in an area where a tributary mixes with the Great Lake, connecting water, or a waterbody that has been designated for use as a public water supply source, unless a water intake was located in this area on April 2, 1999.

(9) Water quality of all surface waters of the state serving as migratory routes for anadromous salmonids shall be protected as necessary to assure that migration is not adversely affected.

(10) Effluent discharges to wetlands that result in water quality that is inconsistent with that prescribed by these rules may be permitted after a use attainability analysis shows that designated uses are not and cannot be attained and shows that attainable uses will be protected.

(11) After completion of a comprehensive plan developed under R 323.1064(3), upon petition by a municipality or other person, and in conformance with the requirements of 40 C.F.R. §131.10 (1995), designation of uses, which are adopted by reference in R 323.1117, the department may determine that attainment of the dissolved oxygen standards of R 323.1064(1) is not feasible and designate, by amendment to this rule, a limited warmwater fishery use subcategory of the warmwater fishery use or a limited coldwater fishery use subcategory of coldwater fishery use. For waters so designated, the dissolved oxygen standards specified in the provisions of R 323.1064(2) and all other applicable standards of these rules apply. For waters so designated, the dissolved oxygen standards specified in R 323.1064(1) do not apply. Not less than 60 days before a municipality or other person files a petition pursuant to this subrule, a petitioner shall provide written notice to the department and the clerk of the municipalities in which the affected waters are located of the petitioner's intent to file a petition.

**History**
- *History: 1979 AC; 1986 AACS; 1994 AACS; 1996 AACS; 1997 AACS; 1999 AACS; 2006 AACS.*

##### **Mich. Admin. Code R 323.1103** Variances {#sec-r-323.1103 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.1103}

Rule 103. (1) A variance may be granted from any water quality standard (WQS) that is the basis of a water quality-based effluent limitation in a national pollutant discharge elimination system (NPDES) permit, as restricted by the following provisions:

(a) A WQS variance applies only to the permittee or permittees requesting the variance and only to the pollutant or pollutants specified in the variance. The variance does not modify the water quality standards for the water body as a whole.

(b) A variance shall not apply to new dischargers unless the proposed discharge is necessary to alleviate an imminent and substantial danger to the public health or welfare.

(c) A WQS variance shall not be granted that would likely jeopardize the continued existence of any endangered or threatened species listed under section 4 of the endangered species act or result in the destruction or adverse modification of the species’ critical habitat.

(d) A WQS variance shall not be granted if the standard in the receiving water will be attained by implementing the treatment technology requirements under the clean water act of 1972, as amended, 33 U.S.C.§§301(b) and 306, and by the discharger implementing cost-effective and reasonable best management practices for nonpoint sources over which the discharger has control within the vicinity of the facility.

(e) The duration of a WQS variance shall not exceed the term of the NPDES permit. If the time frame of the variance is the same as the permit term, then the variance shall stay in effect until the permit is reissued or revoked.

(2) A variance may be granted if the permittee demonstrates to the department that attaining the WQS is not feasible for any of the following reasons:

(a) Naturally occurring pollutant concentrations prevent the attainment of the WQS.

(b) Natural, ephemeral, intermittent, or low flow conditions or water levels prevent the attainment of the WQS.

(c) Human-caused conditions or sources of pollution prevent the attainment of the WQS and cannot be remedied or more environmental damage would occur in correcting the conditions or sources of pollution than would occur by leaving the conditions or sources in place.

(d) Dams, diversions, or other types of hydrologic modifications preclude the attainment of the WQS, and it is not feasible to restore the water body to its original condition or to operate the modification in a way that would result in the attainment of the WQS.

(e) Physical conditions related to the natural features of the water body preclude attainment of WQS.

(f) Controls more stringent than the treatment technology requirements in the clean water act of 1972, as amended, 33 U.S.C. §§301(b) and 306 would result in unreasonable economic effects on the discharger and affected communities.

(3) In addition to the requirements of subrule (2) of this rule, a permittee shall do both of the following:

(a) Show that the variance requested conforms to the antidegradation demonstration requirements of R 323.1098 (b) Characterize the extent of any increased risk to human health and the environment associated with granting the variance compared with compliance with WQS without the variance in a way that enables the department to conclude that the increased risk is consistent with the protection of the public health, safety, and welfare.

(4) A permittee may request a variance when a NPDES permit application is submitted or during permit development. A variance request may also be submitted with a request for a permit modification. The variance request to the department shall include the following information:

(a) All relevant information which demonstrates that attaining the WQS is not feasible based on 1 or more of the conditions in subrule (2) of this rule.

(b) All relevant information which demonstrates compliance with subrule (3) of this rule.

(5) The variance request shall be available to the public for review during the public comment period on the draft NPDES permit. The preliminary decision regarding the variance shall be included in the public notice of the draft NPDES permit. The department will notify the other Great Lakes states of the preliminary variance decision.

(6) If the department determines, based on the conditions of subrules (2) and (3) of this rule, that the variance request demonstrates that attaining the WQS is not feasible, then the department shall authorize the variance through issuance of the NPDES permit. The permit shall contain all conditions needed to implement the variance, including, at a minimum, all of the following conditions:

(a) That compliance with an effluent limitation that, at the time the variance is granted, represents the level currently achievable by the permittee. For an existing discharge, the effluent limitation shall be no less stringent than that achieved under the previous permit.

(b) That reasonable progress be made in effluent quality toward attaining the water quality standards. If the variance is approved for any BCC, a pollutant minimization program shall be conducted consistent with the provisions in paragraphs (i) through (iv) of R 323.1213(d).

The department shall consider cost-effectiveness during the development and implementation of the pollutant minimization program.

(c) That if the duration of a variance is shorter than the duration of a permit, then compliance with an effluent limitation that is sufficient to meet the underlying water quality standard shall be achieved when the variance expires.

(7) The department shall deny a variance request through action on the NPDES permit if a permittee fails to make the demonstrations required under subrules (2) and (3) of this rule.

(8) A variance may be renewed, subject to the requirements of subrules (1) through (7) of this rule. As part of any renewal application, a permittee shall again demonstrate that attaining WQS is not feasible based on the requirements of subrules (2) and (3) of this rule.

A permittee’s application shall also contain information concerning the permittee’s compliance with the conditions incorporated into the permittee’s permit as part of the original variance pursuant to subrule (6) of this rule.

(9) Notwithstanding the provision in subrule (1)(a) of this rule, the department may grant multiple discharger variances. If the department determines that a multiple discharger variance is necessary to address widespread WQS compliance issues, including the presence of ubiquitous pollutants or naturally high background levels of pollutants in a watershed, then the department may waive the variance demonstration requirements in subrules (2), (3), and (4) of this rule. A permittee that is included in the multiple discharger variance will be subject to the permit requirements of subrule (6) of this rule if it is determined under R 323.1211 that there is reasonable potential for the pollutant to exceed a permit limitation developed under to R 323.1209.

**History**
- *History: 1997 AACS.*

##### **Mich. Admin. Code R 323.1105** Multiple designated uses {#sec-r-323.1105 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.1105}

Rule 105. When a particular portion of the surface waters of the state is designated for more than 1 use, the most restrictive water quality standards for 1 or more of those designated uses shall apply to that portion.

**History**
- *History: 1979 AC; 2006 AACS.*

##### **Mich. Admin. Code R 323.1116** Availability of documents {#sec-r-323.1116 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.1116}

Rule 116. The following documents referenced in this part are available for inspection at, and may be obtained at no cost from, the Lansing Office of the Department of Environmental Quality, P.O. Box 30273, Lansing, Michigan 48909-7773:

(a) "Designated Trout Lakes and Regulations," September 10, 1998.

(b) "Coldwater Lakes of Michigan," August 1976.

(d) "Public Water Supply Intakes in Michigan," December 9, 1999.

**History**
- *History: 1979 AC; 1984 AACS; 1986 AACS; 1994 AACS; 1996 AACS; 1997 AACS; 1999 AACS; 2006 AACS.*

##### **Mich. Admin. Code R 323.1117** Adoption of standards by reference {#sec-r-323.1117 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.1117}

Rule 117. All of the following standards are adopted by reference in these rules. Copies are available for inspection at the Lansing office of the Department of Environmental Quality, may be obtained from the Department of Environmental Quality, P.O. Box 30273, Lansing, Michigan 48909-7773, at a cost as of the time of adoption of these rules of 5 cents per page and a labor rate of $20.18 per hour, or may be otherwise obtained as indicated:

(a) "Guidelines Establishing Test Procedures for Analysis of Pollutants," 40 C.F.R. §136 et seq. (2000). Copies may be obtained from the Superintendent of Documents, Government Printing Office, Washington, DC 20402, at a cost as of the time of adoption of these rules of $61.00, or via the internet at http://www.access.gpo.gov/nara.

(b) "Standards for Protection Against Radiation," 10 C.F.R. §20 et seq.(1995). Copies may be obtained from the Superintendent of Documents, Government Printing Office, Washington, DC 20402, at a cost as of the time of adoption of these rules of $61.00, or via the internet at http://www.access.gpo.gov/nara.

(c) "Designation of Uses," 40 C.F.R. §131.10 (1995). Copies may be obtained from the Superintendent of Documents, Government Printing Office, Washington, DC 20402, at a cost as of the time of adoption of these rules of $43.00, or via the internet at http://www.access.gpo.gov/nara.

(d) "Standard Guide for Conducting Bioconcentration Tests with Fishes and Saltwater Bivalve Molluscs" ASTM standard E 1022-94, 1994. Copies may be obtained from the American Society for Testing and Materials, 100 Barr Harbor Drive, West Conshohocken, Pennsylvania 19428-2959, at a cost as of the time of adoption of these rules of $45.60.

(e) "Conditions Applicable to all Permits," 40 C.F.R. §122.41(m) (1995).Copies may be obtained from the Superintendent of Documents, Government Printing Office, Washington, DC 20402, at a cost as of the time of adoption of these rules of $43.00, or via the internet at http://www.access.gpo.gov/nara.

(f) Gobas, F.A.P.C. 1993. "A Model for Predicting the Bioaccumulation of Hydrophobic Organic Chemicals in Aquatic Foodwebs: Applications to Lake Ontario," Ecological Modeling, volume 69, pages 1 to 17.

(g) Howe, R.B., K.S. Crump, and C. Van Landingham (1986), Global '86, "A Computer Program to Extrapolate Quantal Animal Toxicity Data to Low Doses," United States EPA, Research Triangle Institute, K.S. Crump and Company, Inc.

(h) "Table 6. - Pollutants of Initial Focus in the Great Lakes Water Quality Initiative," 40 C.F.R. §132 (1995). Copies may be obtained from the Superintendent of Documents, Government Printing Office, Washington, DC 20402, at a cost as of the time of adoption of these rules of $43.00, or via the internet at http://www.access.gpo.gov/nara.

(i) "Water Quality Standards Handbook, Second Edition, Section 3.7 - Site-specific Aquatic Life Criteria," EPA-823-b-94-005a, August 1994. Copies may be obtained from the National Service Center for Environmental Publications, P.O. Box 42419, Cincinnati, Ohio 45242-0419, or via the internet at http://www.epa.gov/ncepihom/index.htm , at no cost.

(j) "Recommendations for and Documentation of Biological Values for use in Risk Assessment," United States EPA, EPA/600/6-87/008, 1988.

(k) "Minimum Data Requirements," 40 C.F.R. §132, Appendix C, Item II, (1995). Copies may be obtained from the Superintendent of Documents, Government Printing Office, Washington, DC 20402, at a cost as of the time of adoption of these rules of $43.00, or via the internet at http://www.access.gpo.gov/nara.

(l) "Registry of Toxic Effects of Chemical Substances (RTECS)

Comprehensive Guide to the RTECS," Publication Number 97-119, United States Department of Health and Human Services, National Institute for Occupational Safety and Health, July 1997. Copies may be obtained from the National Institute for Occupational and Institutional Health, 4676 Columbia Parkway, C13, Cincinnati, OH 45226, or via the internet at http://www.cdc.gov/niosh/97-119.html, at no cost.

(m) United States EPA (2001), "Streamlined Water-Effect Ratio Procedure for Discharges of Copper", EPA-822-R-01-005, March 2001. Copies may be obtained from the National Service Center for Environmental Publications, P.O. Box 42419, Cincinnati, Ohio 45242-0419, or via the internet at http://www.epa.gov/waterscience/criteria/copper, at no cost.

**History**
- *History: 1994 AACS; 1997 AACS; 2006 AACS.*

### **R 323.1171 to R 323.1181** Water Resources Protection -- Part 6. Cleaning Agents and Water Conditioners

##### **Mich. Admin. Code R 323.1171** Definitions {#sec-r-323.1171 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.1171}

DEPARTMENT OF ENVIRONMENTAL QUALITY

SURFACE WATER QUALITY DIVISION

CLEANING AGENTS

(By authority conferred on the department of environmental quality by section 3903 of Act No. 451 of the Public Acts of 1994, as amended, being §324.3903 of the Michigan Compiled Laws)

PART 6. CLEANING AGENTS AND WATER CONDITIONERS

Rule 171. As used in this part:

(a) "Constituent" means a compound or ingredient contained in the formula of a cleaning agent or water conditioner, other than phosphorus, identified by its common chemical name.

(b) "Department" means the director of the department of environmental quality or his or her designee to whom the director delegates a power or duty by written instrument.

(c) "Person" means a manufacturer, processor, formulator, or packager who sells or distributes any cleaning agent or water conditioner for use in this state.

**History**
- *History: 1979 AC; 2003 AACS.*

##### **Mich. Admin. Code R 323.1172** Applicability of rules; exceptions {#sec-r-323.1172 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.1172}

Rule 172. The rules in this part apply to all cleaning agents and water conditioners as defined by section 3901 of 1994 PA 451, MCL 324.3901, except for any of the following:

(a) A cleanser, rinsing aid, or sanitizing agent intended primarily for use in an automatic or machine dishwasher.

(b) An industrial and commercial conversion coating agent, corrosion remover, paint remover, rust inhibitor, metal brightener, etchant, or other surface conditioner.

(d) A disinfectant or sanitizer used in institutions, hospitals, and health care facilities.

(e) A compound or product used in the manufacture or processing of foods and food products, including those used in dairy, beverage, egg, fish, poultry, meat, fruit, and vegetable processing facilities.

(f) A product intended primarily for personal use, including, but not limited to, bathing soaps, dentifrices, shampoos, cleansing creams, toothpastes, and other products for the care of the human body.

(g) A product subject to registration or control under federal or state law governing foods, drugs, cosmetics, insecticides, fungicides, and rodenticides.

(h) A product normally not used with water, such as a cleanser for windows, ovens, or other hard surfaces.

(i) A water softening chemical, anti-scale chemical, or corrosion inhibitor intended for use in circulatory systems, such as boilers, air conditioners, cooling towers, and hot water heating systems.

**History**
- *History: 1979 AC; 2003 AACS.*

##### **Mich. Admin. Code R 323.1173** Statements of product constituents and restrictions {#sec-r-323.1173 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.1173}

(1) A person shall not sell or distribute a new, reformulated, or altered cleaning agent or water conditioner unless the person first has filed both of the following with the department:

(a) A written statement setting forth the percentage of phosphorus by weight, expressed as elemental phosphorus, and the chemical names of all constituents in such product not previously filed with the department.

(b) A written statement that a cleaning agent or water conditioner is not likely to cause unlawful pollution or other conditions or injuries as described in sections 3 and 4 of 1994 PA 451, MCL 324.3903 and 324.3904.

(2) A person shall furnish additional information about any constituent contained in a cleaning agent or water conditioner, upon request by the department, if the department determines that the information is necessary to protect the waters of the state from unlawful pollution or other injuries as described in sections 3 and 4 of 1994 PA 451, MCL 324.3903 and 324.3904.

(3) A person shall not sell or distribute for use in this state a household laundry detergent which contains phosphorus in any form in excess of 0.5% by weight, expressed as elemental phosphorus.

(4) Information filed with the department pursuant to this rule shall be used by the department only as the information is necessary to implement the department's function and duty as prescribed by section 3901 et seq. of 1994 PA 451, MCL 324.3901 et seq.

**History**
- *History: 1979 AC; 2003 AACS.*

##### **Mich. Admin. Code R 323.1174** Rescinded {#sec-r-323.1174 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.1174}

**History**
- *History: 1979 AC; 2003 AACS.*

##### **Mich. Admin. Code R 323.1175** Statements and determinations; proofs and consultations {#sec-r-323.1175 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.1175}

Rule 175. (1) A statement filed with the department pursuant to R 323.1173 may be contested by the department if it determines that a cleaning agent or water conditioner is causing or is likely to cause unlawful pollution or other injuries as defined in sections 3 and 4 of 1994 PA 451, MCL 324.3903 and 324.3904.

(2) In determining whether a cleaning agent or water conditioner is causing or is likely to cause unlawful pollution or other injuries as defined in sections 3 and 4 of 1994 PA 451, MCL 324.3903 and 324.3904, the department may seek the counsel and advice of the director of the department of community health on the health or safety of any users of the cleaning agent or water conditioner and of any state or federal agency or educational institution as to any harmful effect upon animals, aquatic life, or beneficial water uses.

(3) A contest asserted by the department shall be noticed, heard, and determined in accordance with 1969 PA 306, MCL 24.201 et seq.

**History**
- *History: 1979 AC; 2003 AACS.*

##### **Mich. Admin. Code R 323.1180** Department requests; hearings; determinations {#sec-r-323.1180 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.1180}

Rule 180. The department may request the reduction or removal of a constituent or chemical by a person if the department believes that the use of the constituent or chemical in a cleaning agent or water conditioner, under conditions of intended or probable use, is likely to cause a water pollution or public health problem. The department may issue an order of determination regulating or banning the product or constituent after hearing held in accordance with 1969 PA 306, MCL 24.201 et seq., unless procedure is otherwise prescribed in this part, if voluntary reduction or removal is not accomplished as requested.

**History**
- *History: 1979 AC; 2003 AACS.*

##### **Mich. Admin. Code R 323.1181** Hearings, notices and appearances {#sec-r-323.1181 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.1181}

Rule 181. (1) When the department determines that a restriction on the nutrient content or other constituent of a cleaning agent or water conditioner is necessary to abate or prevent injury defined in sections 3 and 4 of 1994 PA 451, MCL 324.3903 and 324.3904, the department shall notify the person affected by certified mail and set a date for a hearing on the facts and proposed action. The hearing shall be held in accordance with 1969 PA 306, MCL 24.201 et seq.

(2) An appearance at a hearing shall be made in person by a duly authorized agent or by counsel.

**History**
- *History: 1979 AC; 2003 AACS.*

### **R 323.1201 to R 323.1221** Water Resources Protection -- Part 8. Water Quality-Based Effluent Limit Development for Toxic Substances

##### **Mich. Admin. Code R 323.1201** Purpose {#sec-r-323.1201 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.1201}

DEPARTMENT OF ENVIRONMENTAL QUALITY

WATER BUREAU

WATER RESOURCES PROTECTION

(By authority conferred on the department of environmental quality by sections 3103 and 3106 of 1994 PA 451, MCL 324.3103 and 324.3106

PART 8. WATER QUALITY-BASED EFFLUENT LIMIT DEVELOPMENT FOR TOXIC

SUBSTANCES

Rule 1201. The rules in this part shall be used to establish toxic substance water quality-based effluent limits (WQBELs) for point source discharges that are protective of the designated uses of the surface waters of the state as established in R 323.1100. WQBELs for certain toxic substances may be very low and in some cases less than what current analytical techniques can detect or quantify. In some effluents, the low levels may not be amenable to regulatory control through endof-pipe treatment technology in a cost-effective manner. To achieve compliance with the low WQBELs and associated regulatory requirements, the department is committed to, and strongly encourages, the use of pollution prevention, source control, and other waste minimization programs.

End-of-pipe treatment for the low WQBELs which is extraordinary or beyond that which would be necessary if not for the low WQBELs will not be required by the department unless it is determined to be the most cost-effective means or the only means to achieve the applicable water quality-based effluent limit. The provisions of R 323.1103 may provide an alternative to extraordinary end-of-pipe treatment where such treatment would result in unreasonable economic effects on the discharger.

The rules of this part shall not be used as a basis for establishing controls on the discharge of toxic substances from intermittent wet-weather point sources.

**History**
- *History: 1997 AACS.*

##### **Mich. Admin. Code R 323.1203** Definitions; A to L {#sec-r-323.1203 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.1203}

Rule 1203. As used in this part:

(a) "Acute-chronic ratio (ACR)" means a standard measure of the acute toxicity of a material divided by an appropriate measure of the chronic toxicity of the same material under comparable conditions.

(b) "Acute toxicity" means an adverse effect that results from an acute exposure which occurs within any short observation period and which usually does not constitute a substantial portion of the life span of the organism.

(c) "Acute toxic unit (TUa)" means 100/LC50 where the LC50 is determined from a whole effluent toxicity (WET) test which produces a result that is statistically or graphically estimated to be lethal to 50% of the test organisms.

(d) "Aquatic life value" means a tier I or tier II value developed under R 323.1057(2).

(e) "Bioaccumulation equivalency factor (BEF)" means the bioaccumulation potential for the toxicologically important chlorinated dibenzo-p-dioxins and chlorinated dibenzo-p-furans relative to 2,3,7,8-tetrachlorodibenzo-p-dioxin (2,3,7,8-TCDD) for use in calculating 2,3,7,8-TCDD toxicity equivalency concentrations in water as the 2,3,7,8-TCDD toxicity equivalency concentrations relate to deriving human health water quality values.

(f) "Bioaccumulation factor (BAF)" means the ratio, in liters per kilogram, of a substance's concentration in tissue of an aquatic organism to its concentration in the ambient water where both the organism and its food are exposed and the ratio does not change substantially over time.

(g) "Bioaccumulative chemical of concern (BCC)" means a chemical which, upon entering the surface waters, by itself or as its toxic transformation product, accumulates in aquatic organisms by a human health bioaccumulation factor (BAF) of more than 1000 derived after considering metabolism and other physiochemical properties that might enhance or inhibit bioaccumulation. The human health bioaccumulation factor shall be derived according to R 323.1057(5). Chemicals with half-lives of less than 8 weeks in the water column, sediment, and biota are not BCCs. The minimum BAF information needed to define an organic chemical as a BCC is either a field-measured BAF or a BAF derived using the biota-sediment accumulation factor (BSAF) methodology. The minimum BAF information needed to define an inorganic chemical as a BCC, including an organometal, is either a field-measured BAF or a laboratory-measured bioconcentration factor (BCF). The BCCs to which these rules apply are identified in table 5 of R 323.1057.

(h) "Bioconcentration factor (BCF)" means the ratio, in liters per kilogram, of a substance's concentration in tissue of an aquatic organism to its concentration in the ambient water in situations where the organism is exposed through the water only and the ratio does not change substantially over time.

(i) "Biota-sediment accumulation factor (BSAF)" means the ratio, in kilograms of organic carbon per kilogram of lipid, of a substance's lipid-normalized concentration in tissue of an aquatic organism to its organic carbon-normalized concentration in surface sediment in situations where the ratio does not change substantially over time, both the organism and its food are exposed, and the surface sediment is representative of average surface sediment in the vicinity of the organism.

(j) "Carcinogen" means a substance which causes an increased incidence of benign or malignant neoplasms in animals or humans or that substantially decreases the time in which neoplasms develop in animals or humans.

(k) "Chemical-specific water quality-based effluent limit" means water quality-based effluent limits that are based on an individual chemical.

(l) "Chronic toxicity" means a concurrent and delayed adverse effect that occurs only as a result of a chronic exposure.

(m) "Chronic toxic unit (TUc)" means 100/MATC or 100/IC25, where the maximum acceptable toxicant concentration (MATC) and IC25 are expressed as a percent effluent in the test medium.

(n) "Clean water act" means the federal water pollution control act codified at 33 U.S.C. §1251 et seq., as amended.

(o) "Daily maximum water quality-based effluent limit" means an effluent specific water qualitybased effluent limit in an NPDES permit developed to protect aquatic life from acute chemical specific or whole effluent toxicity.

(p) "Department" means the director of the Michigan department of environmental quality, or his or her designee to whom the director delegates a power or duty by written instrument.

(q) "Detection level" means the lowest concentration or amount of the target analyte that can be determined to be different from zero by a single measurement at a stated level of probability.

(r) "Discharge-induced mixing" means the mixing of a discharge and receiving water that occurs due to discharge momentum and buoyancy up to the point where mixing is controlled by ambient turbulence.

(s) "Dissolved metal" means the concentration of a metal that will pass through a 0.45-mm membrane filter.

(t) "Existing discharge" means any building, structure, facility, or installation from which there is or may be a discharge of toxic substances to the surface waters of the state that is not a new discharge.

(u) "Final acute value (FAV)" means the level of a chemical or mixture of chemicals that does not allow the mortality or other specified response of aquatic organisms to exceed 50% when exposed for 96 hours, except where a shorter time period is appropriate for certain species. The FAV shall be calculated under R 323.1057(2) if appropriate for the chemical.

(v) "Human cancer value (HCV)" means the maximum ambient water concentration of a substance at which a lifetime of exposure from either drinking the water, consuming fish from the water, and conducting water-related recreation activities or consuming fish from the water and conducting water-related recreation activities will represent a plausible upper bound risk of contracting cancer of 1 in 100,000 using the exposure assumptions and methodology specified in R 323.1057(4).

(w) "Human noncancer value (HNV)" means the maximum ambient water concentration of a substance at which adverse noncancer effects are not likely to occur in the human population from lifetime exposure through either drinking the water, consuming fish from the water, and conducting water-related recreation activities or consuming fish from the water and conducting water-related recreation activities using the exposure assumption and methodology in R 323.1057(4).

(x) "Intake toxic substance" means the amount of a toxic substance that is present in surface or groundwaters of the state at the time the toxic substance is withdrawn from the waters by the discharger or present in the water provided to the discharger by another facility.

(y) "Intermittent wet-weather point source" means a point source discharge that occurs as a result of a rainfall or snowmelt event. An intermittent wet-weather point source includes a treated or untreated combined sewer overflow, but does not include a storm water discharge that is mixed with other industrial or commercial wastewater or an increased discharge from a municipal wastewater treatment plant due to a rainfall or snowmelt event.

(z) "IC25" means the toxicant concentration that would cause a 25% reduction in a nonquantal biological measurement for the test population.

(aa) "LC50" means a statistically or graphically estimated concentration that is expected to be lethal to 50% of a group of organisms under specified conditions.

(bb) "Load allocation" means the portion of a receiving water's loading capacity that is attributed to existing or future nonpoint sources, including natural background sources.

(cc) "Loading capacity" means the greatest amount of pollutant loading that a water can receive without violating water quality standards.

(dd) "Lotic" means surface waters of the state that exhibit flow.

**History**
- *History: 1997 AACS; 2006 AACS.*

##### **Mich. Admin. Code R 323.1205** Definitions; M to Z {#sec-r-323.1205 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.1205}

Rule 1205. As used in this part:

(a) "Mass load" means a wasteload allocation specified in units of weight per time.

(b) "Maximum acceptable toxicant concentration (MATC)" means the concentration obtained by calculating the geometric mean of the lower and upper chronic limits from a chronic test. A lower chronic limit is the highest tested concentration that did not cause the occurrence of a specific adverse effect. An upper chronic limit is the lowest tested concentration which did cause the occurrence of a specific adverse effect and above which all tested concentrations caused such an occurrence.

(c) "Minimum level" means the level at which the entire analytical system must give a recognizable signal and acceptable calibration point. It is equivalent to the concentration of the lowest calibration standards, assuming that all method-specified sample weights, volumes, and cleanup procedures have been employed.

(d) "Mixing zone" means the portion of a water body in which a point source discharge or venting groundwater is mixed with the receiving water.

(e) "Monthly average water quality-based effluent limit (WQBEL)" means an effluent specific water quality-based effluent limit in a national pollutant discharge elimination system (NPDES) permit developed to protect aquatic life, human health, and wildlife from chronic chemical specific toxicity or aquatic life from chronic whole effluent toxicity.

(f) "National pollutant discharge elimination system (NPDES)" means a permit issued by the department to a discharger pursuant to sections 3106 and 3112 of 1994 PA 451, MCL 324.3106 and 324.3112.

(g) "New discharge" means any building, structure, facility, or installation from which there is or may be a discharge of toxic substances to the surface waters of the state, the construction of which commenced after July 29, 1997.

(h) "Nonpoint source" means a source of a toxic substance to the surface waters of the state other than a source defined as a point source.

(i) "Permittee" means the individual or facility that is issued an NPDES permit.

(j) "Point source" means a discharge that is released to the surface waters of the state by a discernible, confined, and discrete conveyance, including any of the following from which wastewater is or may be discharged:

(i) A pipe.

(ii) A ditch.

(iii) A channel.

(iv) A tunnel.

(v) A conduit.

(vi) A well.

(vii) A discrete fissure.

(viii) A container.

(ix) A concentrated animal feeding operation.

(x) A boat or other watercraft.

(k) "Pollution prevention" means eliminating or minimizing the initial generation of waste at the source or utilizing environmentally sound on-site and off-site reuse or recycling. Waste treatment, release, or disposal is not considered pollution prevention.

(l) "Quantification level" means the measurement of the concentration of a contaminant obtained by using a specified laboratory procedure calculated at a specified concentration above the detection level. It is considered the lowest concentration at which a particular contaminant can be quantitatively measured using a specified laboratory procedure for monitoring of the contaminant.

(m) "Raw water" means the surface waters of the state before any treatment.

(n) "Receiving water" means the surface waters of the state into which an effluent is or may be discharged.

(o) "Same body of water" means that, for purposes of evaluating intake toxic substances consistent with R 323.1211, the department will consider intake toxic substances to be from the same body of water if the department finds that the intake toxic substance would have reached the vicinity of the outfall point in the receiving water within a reasonable period had it not been removed by the permittee and there is a direct hydrological connection between the intake and the discharge points.

Notwithstanding the provisions of this subdivision, an intake toxic substance shall be considered to be from the same body of water if the permittee's intake point is located on a Great Lake and the outfall point is in close proximity to the intake point and is located on a tributary of that Great Lake.

In this situation, the background concentration of the toxic substance in the receiving water shall be similar to or greater than that in the intake water and a difference in any water quality characteristic between the intake and receiving water shall not result in an adverse impact on the receiving water.

Groundwater sources of intake water can also be considered the same body of water if both of the following conditions are met:

(i) The groundwater vents to the same surface water body where the discharge is located.

(ii) The concentration of the intake toxic substance in the groundwater source is similar to the background groundwater concentration which exists at or regionally proximate to the groundwater source that is not attributable to any release at or regionally proximate to the source. Release shall be defined consistent with the September, 1996, revisions to section 324.20101 of 1994 PA 451, MCL 324.20101. Where a release has influenced the concentration of the toxic substance in the groundwater source, a same body of water determination shall be made by the department on a caseby-case basis. For purposes of this paragraph, the background groundwater concentration of the intake toxic substance shall be established at the time of permit issuance, reissuance, or modification based on data available to the department or data provided by the permittee from at least 1 representative location.

(p) "Surface waters of the state" means all of the following, but does not include drainage ways and ponds used solely for wastewater conveyance, treatment, or control:

(i) The Great Lakes and their connecting waters.

(ii) All inland lakes.

(iii) Rivers.

(iv) Streams.

(v) Impoundments.

(vi) Open drains.

(vii) Wetlands.

(viii) Other surface bodies of water within the confines of the state.

(q) "Tier I value" means a value for aquatic life, human health, or wildlife calculated under R 323.1057 using a tier I toxicity data base.

(r) "Tier II value" means a value for aquatic life or human health calculated under R 323.1057 using a tier II toxicity data base.

(s) "Toxicity equivalency factor (TEF)" means a reasonable estimate of the toxicity associated with a mixture of chlorinated dibenzo-p-dioxins and chlorinated dibenzo-p-furans relative to the toxicity of 2,3,7,8-tetrachlorodibenzo-p-dioxin.

(t) "Toxicity reduction evaluation (TRE)" means a site-specific study conducted in a stepwise process designed to identify the causative agents of effluent toxicity, isolate the sources of toxicity, evaluate the effectiveness of toxicity control options, and then confirm the reduction in effluent toxicity.

(u) "Toxic substance" means a substance, except for heat, that is present in a sufficient concentration or quantity that is or may become harmful to plant life, animal life, or designated uses.

These rules apply to all of the following toxic substances:

(i) The priority pollutant and hazardous chemicals specified in the provisions of 40 C.F.R. §122.21, Appendix D (1990), which are adopted by reference in R 323.1221.

(ii) The pollutants of initial focus specified in the provisions of 40 C.F.R. Part 132 (1995), water quality guidance for the Great Lakes system, which are adopted by reference in R 323.1221.

(iii) The pollutants specified in table 1.

(iv) Any other toxic substances that the department determines are of concern at a specific site.

(v) "Translator" means a value used to predict the ratio of total or total recoverable metal to dissolved metal in a surface water of the state that is then used to derive a total or total recoverable water quality-based effluent limit using dissolved aquatic life tier I or tier II values.

(w) "Venting groundwater" means groundwater that is entering a surface water of the state from a facility as defined in section 20101 of 1994 PA 451, MCL 324.20101.

(x) "Wasteload allocation (WLA)" means the allocation for an individual point source which is developed in accordance with R 323.1209 and which ensures that the level of water quality to be achieved by the point source complies with all applicable water quality standards.

(y) "Water quality-based effluent limit (WQBEL)" means an effluent limit developed for an NPDES permit that will ensure that the level of water quality to be achieved by the point source complies with all applicable water quality standards.

(z) "Water quality standards" means the Part 4. Water Quality Standards developed under Part 31 of 1994 PA 451, MCL 324.3101 et seq.

(aa) "Water quality value" means a tier I or tier II aquatic life or human health value or tier I wildlife value developed under R 323.1057.

(bb) "Wetland" means land characterized by the presence of water at a frequency and duration sufficient to support, and that under normal circumstances does support, wetland vegetation or aquatic life.

(cc) "Whole effluent toxicity" means the total toxic effect of an effluent measured directly with a toxicity test under R 323.1219.

(dd) "Wildlife value" means the maximum ambient water concentration of a substance at which adverse effects are not likely to result in population-level impacts to mammalian and avian wildlife populations from lifetime exposure through drinking water and aquatic food supply, using the methodology specified in R 323.1057(3).

Table 1. 1-amino-2-methylanthraquinone 1-chloro-4-phenoxybenzene 1,1,1,2-tetrachloroethane 1,2-epoxybutane 1,2,3-trichlorobenzene 1,2:3,4-diepoxybutane 1,2,3,5-tetrachlorobenzene 1,3-butadiene 1,3-propane sultone 1,4-dioxane 1,5-naphthalenediamine 2-acetylaminofluorene 2-aminoanthraquinone 2-methyl-1-nitroanthraquinone 2-naphthylamine 2-nitropropane 2,4-diaminoanisole sulfate 2,4-diaminotoluene 2,3,4,5-tetrachlorophenol 2,3,4,6-tetrachlorophenol 2,3,5,6-tetrachlorophenol 2,4,5-trichlorophenol 2,4,5-trichlorotoluene 2,4,5-trimethylaniline 3-amino-9-ethylcarbazole 3-amino-9-ethylcarbazole hydrochloride 3-(chloromethyl)pyridine hydrochloride 4-aminobiphenyl 4-chloro-m-phenylenediamine 4-chloro-o-phenylenediamine 4-dimethylaminoazobenzene 4,4'-diaminodiphenyl ether 4,4'-methylenebis (2-methylaniline) 4,4'-methylenebis(N,N-dimethyl) benzenamine 4,4'-thiodianiline 5-chloro-o-toluidine 5-nitro-o-anisidine 5-nitroacenaphthene Abietic ccid Acetone cyanohydrin Actinomycin D Aflatoxins Aldicarb Aminoazobenzene Amitrole Anilazine Aniline hydrochloride Antimycin A 1-amino-2-methylanthraquinone Aramite Azinphos-ethyl Azinphos-methyl Azobenzene Barban Bendiocarb Benomyl Bis(chloromethyl)ether Bromomethane Bromoxynil Butylbutanol nitrosamine Captafol Carbophenothion Chloramines Chlordecone Chlorfenvinphos Chlorinated dibenzofurans Chlorobenzilate Chloromethane Chloroprene Clonitralid Crotoxyphos Cupferron Cycasin Cycloheximide Cyclophosphamide Dehydroabietic acid Demeton Diallate Dibromochloropropane (DBCP)

Dichrotophos Diethylhexyl phthalate Diethylstilbestrol Dihydrosafrole Dimethoate Dimethyl disulphide Dimethyl sulfate Dimethylhydrazines Dinocap Dinoseb Dioxathion Diphenyl ether EPN Ethyl chloride Ethylene oxide Ethylene thiourea Ethyleneimine Ethylmethanesulfonate Fensulfothion Fluchloralin Furathiazole Hexachlorocyclohexane Hexamethylphosphoramide Hydrazine Hydrazobenzene Hydrogen sulfide Hydroquinone Isonicotinic acid hydrazine Kanechlor C Ketene Lactonitrile Lasiocarpine Leptophos Malachite green Mestranol Methacrylonitrile Methomyl Methyl chloroform Methyl hydrazine Methylenebis(2-chloroaniline)

Methylthiouracil Mitomycin C Monocrotaline Monocrotophos Mustard gas N-(2-hydroxyethyl) ethyleneimine N-methyl formamide N,N'-diethylthiourea N-nitroso-di-N-butylamine N-nitroso-N-ethylurea N-nitroso-N-methylurea N-nitrosodiethylamine N-nitrosomethylvinylamine N-nitrosomorpholine N-nitrososarcosine Neoabietic acid Nifurthiazole Niridazole Nithiazide Nitrofen Nitrogen mustard o-Aminoazotoluene o-Anisidine o-Anisidine hydrochloride o-Phenylphenol o-Toluidine o-Toluidine hydrochloride Octachlorostyrene Oxydemetonmethyl p-Chlorophenol p-Cresidine p-Nitrosodiphenylamine Paraquat Pentachloronitrobenzene Phenazopyridine hydrochloride Phenesterin Phenobarbitol Phenytoin sodium Phorate Phosazetim Phosmet Phosphamidon Piperonyl sulfoxide Polybrominated biphenyls (PBB)

Polychlorinated naphthalenes Propyleneimine Propylthiouracil Rotenone Semicarbazide Semicarbazide hydrochloride Silvex Sodium fluoroacetate Sodium-o-phenylphenol Sulfallate Sulfotepp TEPP Terbufos Tetrachloroguaiacol Tetrachlorvinphos Tetranitromethane Thioacetamide Thiourea Thiram Triaryl phosphate esters Tributyltin (and salts and esters)

Trichlorfon Trifluralin Trimethylphosphate Tris(2,3-dibromopropyl)phosphate Uracil mustard Urethane Vinyl bromide Ziram

**History**
- *History: 1997 AACS; 2006 AACS.*

##### **Mich. Admin. Code R 323.1207** Total maximum daily loads {#sec-r-323.1207 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.1207}

Rule 1207. (1) The following general principles are applicable to establishing total maximum daily loads (TMDLs) for toxic substances in the surface waters of the state, with the exception of whole effluent toxicity:

(a) TMDLs shall ensure attainment of applicable water quality standards for the toxic substances for which they are established and shall, at a minimum, be developed in accordance with the listing and priority setting process established in section 303(d) of the clean water act and 40 C.F.R.§130.7.

Where water quality standards cannot be attained immediately, TMDLs shall reflect reasonable assurances that water quality standards will be attained in a reasonable period of time, with specific controls on individual sources being implemented in stages. Determining the reasonable period of time in which water quality standards will be met is a case- specific determination considering a number of factors, including all of the following factors:

(i) Receiving water characteristics.

(ii) Persistence, behavior, and ubiquity of toxic substance of concern.

(iii) Type of remediation activities necessary.

(iv) Available regulatory and nonregulatory controls.

(v) Department requirements for attainment of water quality standards.

(vi) Technical and economic feasibility of attainment.

(b) TMDLs shall include wasteload allocations (WLAs) for point sources addressed by these rules and load allocations (LAs) for nonpoint sources, including background, such that the sum of the allocations plus a specified margin of safety (MOS) is not greater than the loading capacity of the water for the toxic substance addressed by the TMDL. TMDL allocations are as follows:

(i) Nonpoint source LAs shall be based on all of the following factors:

(A) Existing toxic substance loadings if changes in loadings are not reasonably anticipated to occur.

(B) Increases in toxic substance loadings that are reasonably anticipated tooccur.

(C) Anticipated decreases in toxic substance loadings if the decreased loadings are technically feasible and are reasonably anticipated to occur within a reasonable time period as a result of implementation of best management practices or other load reduction measures. In determining whether anticipated decreases in toxic substance loadings are technically feasible and can be expected to occur within a reasonable period of time, technical and institutional factors shall be considered. These decisions are case-specific and shall reflect the particular TMDL under consideration.

(ii) The sum of the WLAs is the portion of the loading capacity that is not assigned to an MOS or to nonpoint sources including background. National pollutant discharge elimination system (NPDES) permits for the point sources shall include effluent limitations consistent with WLAs in TMDLs.

(c) If separate TMDLs are prepared for different, but overlapping, segments of the same watershed and the separate TMDLs each include WLAs for the same toxic substances for 1 or more of the same point sources, then WQBELs for that toxic substance for the point source or sources shall be consistent with the most stringent of the WLAs to ensure attainment of all applicable water quality standards.

(d) Each TMDL shall include an MOS sufficient to account for technical uncertainties in establishing the TMDL and shall describe the manner in which the MOS is determined and incorporated into the TMDL. The MOS may be provided by leaving a portion of the loading capacity unallocated or by using conservative modeling assumptions to establish WLAs and LAs. The MOS may also include reserved allocation for future growth.

(e) Where appropriate and where sufficient data or sediment criteria are available, TMDLs shall prevent the accumulation of the toxic substance in the sediment to levels injurious to designated or existing uses and shall reflect contributions to the water column from the sediments.

(f) Where appropriate and where sufficient data are available, TMDLs shall reflect loadings of toxic substance discharges resulting from wet- weather events (g) The representative background concentration of toxic substances to develop TMDLs and WLAs calculated in the absence of a TMDL shall be established as follows:

(i) "Background" represents all toxic substance loadings as specified by the following:

(A) Flow from upstream waters into the specified watershed, water body, or water body segment for which a TMDL or WLA in the absence of a TMDL is being developed.

(B) Enter the specified watershed, water body, or water body segment through atmospheric deposition, chemical reaction, or sediment release or resuspension.

(ii) When determining what available data are acceptable for use in calculating background, the department shall use its best professional judgment, including consideration of the sampling location and the reliability of the data through comparison, in part, to detection and quantification levels.

When data in more than 1 of the data sets or categories described in paragraph (iii) of this subdivision exists, best professional judgment shall be used to select the data that most accurately reflects or estimates background concentrations. Toxic substance degradation and transport information may be considered when using toxic substance loading data to estimate a water column concentration.

(iii) The representative background concentration for a toxic substance in the specified watershed, water body, or water body segment shall be established as the geometric mean of acceptable water column data or water column concentrations estimated through the use of acceptable or projected toxic substance loading data. When determining the geometric mean of the data for a toxic substance that includes values both above and below the detection level, values less than the detection level shall be assumed to be present at 1/2 of the detection level if the detection level is less than the lowest water quality value for that substance. If all of the acceptable data in a data set are below the detection level for a toxic substance, then all the data for the toxic substance in that data set shall be assumed to be zero. If the detection level of the available data is greater than the lowest water quality value for the substance, then the background concentration will be determined by the department on a caseby-case basis after considering all representative data, including acceptable fish tissue data.

(h) If the margin of safety does not include a reserved allocation, then any increased loadings of the toxic substance for which the TMDL was developed that are due to a new or expanded discharge shall not be allowed unless the TMDL is revised in accordance with these procedures to include an allocation for the new or expanded discharge.

(2) If the department develops an alternative type of assessment and remediation plan that meets the requirements of this rule and public participation requirements applicable to TMDLs, then the assessment and remediation plan may be used instead of a TMDL. The assessment and remediation plans may include lakewide management plans, remedial action plans for the areas of concern designated by the international joint commission, and state water quality management plans. Also, any part of an assessment and remediation plan that satisfies 1 or more requirements under section 303(d) of the clean water act or implementing regulations may be incorporated by reference into a TMDL as appropriate. Assessment and remediation plans under this subrule shall be tailored to the level of detail and magnitude for the watershed and toxic substance being assessed.

(3) Design flows for establishing TMDLs in lotic waters are given in R 323.1090.

(4) If a TMDL has been established for a water body receiving the direct discharge of point sources, then the chronic WLA for each point source shall equal a fraction of the loading capacity assigned to point sources that discharge to the water body, but shall not be greater than the chronic WLA established by the procedures in R 323.1209, unless the TMDL reflects anticipated decreases in nonpoint source loadings through a phased approach to water quality standards attainment. Acute WLAs shall be established in accordance with R 323.1209.

(5) It is not necessary to establish a TMDL for all waters that may be affected by a point source or nonpoint source before establishing a WLA or LA for the respective sources.

(6) TMDLs and WLAs in the absence of a TMDL shall be based on the assumption that environmental fate or other physical, chemical, or biological factors do not affect the concentration of the toxic substances in the water column, unless both of the following occur:

(a) Scientifically valid field studies or other relevant information demonstrate that degradation of the toxic substance is expected to occur during typical environmental conditions expected to be encountered.

(b) Scientifically valid field studies or other information address other factors that affect the level of toxic substance in the water column including:

(i) Sediment release or resuspension.

(ii) Chemical speciation.

(iii) Biological and chemical transformation.

**History**
- *History: 1997 AACS.*

##### **Mich. Admin. Code R 323.1209** Development of wasteload allocations for toxic substances {#sec-r-323.1209 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.1209}

Rule 1209. (1) In the absence of a total maximum daily load (TMDL) established under R 323.1207, or where consistent with a TMDL, the following procedure shall be used to calculate individual point source wasteload allocations (WLAs) for aquatic life, human health, and wildlife values consistent with the requirements of R 323.1211(2):

(a) Chronic WLAs for discharges to lotic waters shall be developed for the toxic substance as follows:

WLA = Zt (Qe + Qr) - (Qr)(Cr) Qe or Where:

WLA = (Zd)(T) (Qe + Qr) - (Qr)(Cr) Qe Zt = water quality value developed for the toxic substance expressed as total or total recoverable.

Zd = water quality value for aquatic life expressed as dissolved metal. Values expressed as dissolved, but for which a translator (T) is not available, shall be expressed as total or total recoverable for purposes of this subdivision.

T = dissolved to total metal translator for aquatic life wasteload allocations. For the metals in table 2, T equals the given value or one derived from site- specific data. For metals not listed in table 2, T is equal to a translator derived by the department when sufficient information is available or from site-specific data.

Qe = effluent design flow, which is the annual average design flow for municipalities and maximum authorized flow for other facilities, unless it can be demonstrated to the department that an alternate design flow is appropriate.

Qr = flow of the receiving water allocated for mixing under R 323.1082. If a discharger has an intake upstream of the point of discharge, then Qr shall reflect the reduction in the design flow volume attributable to the intake.

Cr = receiving water background concentration of the toxic substance developed under R 323.1207(1)(g).

The lowest of the WLAs developed under this subdivision for the chronic aquatic life, human health, or wildlife values for each toxic substance shall be the basis for the water quality-based effluent limit (WQBEL) as specified in R 323.1211(4)(a).

T a b l e .

Dissolved to total metal translators for aquatic life wasteload allocations.

Toxic Substance Translator (T)

Cadmium...................................................2.1 Chromium..................................................1.5 Copper.......................................................1.5 Lead..........................................................4.5 Nickel........................................................1.1 Zinc...........................................................2.1 (b) Chronic WLAs for discharges to the Great Lakes and inland lakes shall be developed for a toxic substance as follows:

WLA = (Zt)(1 + Q) - (Cr)(Q) or WLA = (Zd)(T)(1 + Q) - (Cr)(Q) Where:

Zt = the lowest water quality value developed for the toxic substance expressed as total or total recoverable.

T = dissolved to total translator for aquatic life wasteload allocations. For the metals in table 2, T equals the given value or one derived from site- specific data. For the metals not listed in table 2, T is equal to a translator derived by the department when sufficient information is available or from site-specific data.

Q = number of parts receiving water allocated for mixing under R 323.1082(5).

Cr = receiving water background concentration of the toxic substance developed under R 323.1207(1)(g).

The lowest of the WLAs developed under this subdivision for the chronic aquatic life, human health, or wildlife values for each toxic substance shall be the basis for the WQBEL as specified in R 323.1211(4)(a).

(2) If the receiving water background concentration (Cr) of a toxic substance exceeds the most stringent applicable water quality value for that substance, then the WLA shall be established equal to the most stringent water quality values, unless the provisions of R 323.1211(7)(d) allow for a different approach.

(3) WLAs based upon acute aquatic life protection shall not exceed the following acute WLA, unless it can be demonstrated to the department that a higher level is acceptable under R 323.1082(1). :

WLA = (At) or WLA = (Ad)(T)

Where:

At = the final acute value developed for the toxic substance under R 323.1057 expressed as total or total recoverable.

Ad = final acute value for aquatic life expressed as dissolved metal under R 323.1057. Values expressed as dissolved, but for which a translator (T) is not available, shall be expressed as total or total recoverable for purposes of this subdivision.

T= dissolved to total translator for aquatic life wasteload allocations. For the metals in table 2, T equals the given value or one derived from site- specific data. For the metals not listed in table 2, T is equal to a translator derived by the department when sufficient information is available or from site-specific data.

(4) When establishing WLAs based on human health values for individual point source discharges, the potential interaction between multiple toxic substances in the effluent shall be addressed by the following provisions:

(a) If an effluent contains carcinogens for which available scientific information supports a reasonable assumption that the toxic substances produce the same type of cancer through the same mechanism of action and for which WQBELs are required pursuant to R 323.1211 on an individual basis, then the total incremental risk created by the effluent in the surface waters of the state after mixing with the allowable receiving water body volume specified in R 323.1082 shall not exceed 1 X 10 -5 for individual carcinogens and 1 X 10 -4 for the total effluent. This additivity provision shall be implemented on a case-by-case basis and shall be evaluated at each facility independent of other carcinogens that may be present in the receiving water.

(b) If an effluent contains 2 or more noncarcinogens for which available scientific information supports a reasonable assumption that the toxic substances produce the same adverse effects through the same mechanisms of action and for which WQBELs are required under R 323.1211 on an individual basis, then the noncarcinogenic effects of the chemicals may be assumed additive and considered by the department when calculating WLAs protective of human health. This subdivision shall be implemented on a case-bycase basis and shall be evaluated at each facility independent of other noncarcinogens that may be present in the receiving stream.

(c) Notwithstanding the requirements in subdivisions (a) and (b) of this subrule, human health-based WLAs for the chlorinated dibenzo-p-dioxins (CDDs) and chlorinated dibenzofurans (CDFs) listed in table 2 shall be calculated using the following procedures:

(i) The human cancer value and human noncancer value for 2,3,7,8-TCDD shall be used consistent with the procedures in subrules (1) and (2) of this rule to calculate total 2,3,7,8- TCDD toxicity equivalence WLAs for effluents.

(ii) The toxicity equivalency factors (TEFs) and bioaccumulation equivalency factors (BEFs) in table 2 3 shall be used to calculate a 2,3,7,8- TCDD toxicity equivalence concentration for an effluent when implementing the WLAs derived in paragraph (i) of this subdivision. The equation for calculating the 2,3,7,8-TCDD toxicity equivalence concentration in an effluent is as follows:

(TEC)

TCDD

= Σ(C) x (TEF) x (BEF) x Where:

(TEC)

TCDD = 2,3,7,8-TCDD toxicity equivalence concentration in the discharge.

(TEF) x = toxicity equivalency factor for congener x.

(BEF) x = bioaccumulation equivalency factor for congener x.

Table 3. Toxicity equivalency factors and BEFs for CDDs and CDFs.

Congener TEF BEF 2,3,7,8-TCDD1.01.0 1,2,3,7,8-PeCDD0.50.9 1,2,3,4,7,8-HxCDD0.10.3 1,2,3,6,7,8-HxCDD0.10.1 1,2,3,7,8,9-HxCDD0.10.1 1,2,3,4,6,7,8-HpCDD0.010.05 OCDD0.0010.01 2,3,7,8-TCDF0.10.8 1,2,3,7,8-PeCDF0.050.2 2,3,4,7,8-PeCDF0.51.6 1,2,3,4,7,8-HxCDF0.10.08 1,2,3,6,7,8-HxCDF0.10.2 2,3,4,6,7,8-HxCDF0.10.7 1,2,3,7,8,9-HxCDF0.10.6 1,2,3,4,6,7,8-HpCDF0.010.01 1,2,3,4,7,8,9-HpCDF0.010.4 OCDF0.0010.02

**History**
- *History: 1997 AACS; 2006 AACS.*

##### **Mich. Admin. Code R 323.1211** Reasonable potential for chemical-specific water quality-based effluent limits (WQBELs) {#sec-r-323.1211 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.1211}

Rule 1211. (1) Chemical-specific water quality-based effluent limits (WQBELs) shall be incorporated into a national pollutant discharge elimination system (NPDES) permit where the department determines that a toxic substance is or may be discharged into the waters of the state at a level that has the reasonable potential to cause or contribute to an excursion above any water quality value. The determination shall be made by developing preliminary effluent limitations (PELs) and comparing the effluent limitations to the potential effluent quality (PEQ) of the discharge.

(2) PELs shall be developed for each toxic substance that the permittee reports as known or believed to be present in its discharge using the wasteload allocation (WLA) provisions specified in R 323.1207 or R 323.1209. At a minimum, PELs are required and shall be developed for the protection of aquatic life and noncancer human health effects where aquatic life values, human noncancer values, or the minimum data to calculate the aquatic life or human noncancer values are available. If there are insufficient data to calculate aquatic life or human noncancer values, then the department shall follow the provisions in subrule (6) of this rule. PELs shall also be developed for the protection of wildlife and human health cancer effects where human cancer values, wildlife values, or the minimum data to calculate human cancer or wildlife values are available.

(3) The PEQs shall be determined by either of the following procedures:

(a) If 10 or more representative facility-specific effluent samples are available that are greater than the detection limit, then the maximum PEQ shall equal the upper ninetififth percentile of all the representative daily discharge concentrations and the average PEQ shall equal the upper ninetififth percentile of all the representative 30-day average discharge concentrations. The upper ninetififth percentile of the daily discharge concentrations and 30-day average discharge concentrations shall be calculated as follows:

P = exp (mu dn + Z p sigma dn )

Where:

P = upper ninetififth percentile of n-day average discharge concentrations. d = ratio of the number of daily discharge concentrations less than the limit of detection to the total number of discharge concentrations. n = number of discharge concentrations used to calculate an average over a specified monitoring period (n=1 for daily concentrations and 30 for 30- day averages). exp = base e (or approximately 2.718) raised to the power shown between the parentheses in the P95 equation.

Z p = Z value corresponding to the upper p th percentile of the standard normal distribution. p = (0.95-d n )/(1-d n ).

(sigma d )

– (sigma dn )

(1-d) mu dn = mu d + + ln = estimated log mean of nday average discharge 2 (1-d n ) concentrations greater than the limit of detection. (Note: mu dn = mu d if n=1) s (sigma dn ) = ln ( 1-d n ) 1+ m n - 1 + = estimated log variance of n-day average discharge n(1-d) n concentrations greater than the limit of detection (Note: (sigma dn ) = (sigma d ) if n=1). mu d = 1n m - 0.5 (sigma d ) = estimated log mean of discharge concentrations greater than the limit of detection (sigma d ) = 1n [1 + (s/m) ] = estimated log from variance of discharge concentrations greater than the limit of detection. ln = natural logarithm. m = mean of discharge concentrations greater than the limit of detection. s = standard deviation of discharge concentrations greater than the limit of detection.

Reasonable potential for the discharge of a toxic substance to cause or contribute to an excursion above any water quality value will be considered to exist if the average or maximum PEQ exceeds any of the chronic or acute PELs, respectively, developed in accordance with subrule (2) of this rule.

(b) If sufficient data are not available to use the process described in subdivision (a) of this subrule, then the PEQ shall be determined by identifying the total number of representative effluent samples, both detectable and nondetectable, and multiplying the maximum effluent concentration by the appropriate factor from table 3 4 developed by assuming a 0.6 coefficient of variation. Reasonable potential for the discharge of a toxic substance to cause or contribute to an excursion above any water quality value will be considered to exist if the PEQ exceeds any of the PELs developed in accordance with subrule (2) of this rule. For purposes of this subdivision, the department shall consider other scientifically defensible approaches on a case-by-case basis which are consistent with procedure 5.B.2 of Appendix F, 40 C.F.R. Part 132 (1995), which is adopted by reference in R 323.1221, for use in determining reasonable potential. If requested by the permittee, one such approach that is acceptable to the department is the prediction level concept specified in Gibbons, 1994, Statistical Methods for Groundwater Monitoring - Wiley, New York where representative effluent data appropriate for use with this method is provided. If the prediction level approach is proposed for use with data sets containing values both above and below the detection level, then a process to address the less than detection values, that is acceptable to the department, shall be provided by the permittee.

Table 4. Reasonable potential multiplying factors: 95% confidence level and 95% probability basis.

Number of Samples 1 2 3 4 5 6 7 8 9 Multiplying Factor 6.2 3.8 3.0 2.6 2.3 2.1 2.0 1.9 1.8 10 11 12 13 14 15 16 17 18 19 1.7 1.7 1.6 1.6 1.5 1.5 1.5 1.4 1.4 1.4 20 30 40 50 60 70 80 90 100 1.4 1.2 1.1 1.0 1.0 0.9 0.9 0.9 0.9 (4) If the analysis in subrule (3) of this rule demonstrates that the toxic substance concentration has a reasonable potential to cause or contribute to an excursion above any water quality value, then a WQBEL or WQBELs shall be established in the permit. For the purpose of an NPDES permit, a chronic or acute WLA based on a water quality value shall be equal to a WQBEL and shall be expressed using the following permit averaging periods:

(a) Chronic WLAs for the protection of aquatic life, human health, and wildlife shall be expressed as monthly average WQBELs.

(b) Acute WLAs for the protection of aquatic life shall be expressed as daily maximum WQBELs.

Monitoring frequency to evaluate compliance with WQBELs shall be established by the department on a case-by-case basis.

(5) Monthly average WQBELs shall be expressed as both a concentration value and a corresponding mass load. The mass and concentration limits shall be calculated using the same facility design flows. Appropriate adjustments may be made to address facilities that receive wet-weather flows. Daily maximum WQBELs shall be expressed as both a concentration value and a corresponding mass load for those substances identified in R 323.1205(u)(ii) and other toxic substances as appropriate.

(6) For each toxic substance which a permittee reports as known or believed to be present in its discharge, and for which data sufficient to calculate tier II values for noncancer human health and aquatic life do not exist, all of the following provisions apply:

(a) The department shall use all available, relevant toxicity information to estimate ambient screening values for the toxic substance that will protect humans from noncancer health effects and aquatic life from acute and chronic effects.

(b) Using the provisions specified in R 323.1209, the department shall develop PELs based on the estimated ambient screening value and compare the PELs with the PEQ. If the PEQ exceeds any of the PELs, then the department shall generate, or require the permittee to generate, the minimum data necessary to derive tier II values for noncancer human health and aquatic life.

(c) The data generated in accordance with subdivision (b) of this subrule shall be used to calculate water quality values. The values shall be used in calculating the PELs pursuant to subrule (2) of this rule for the purpose of determining whether a WQBEL must be included in the permit. If the department finds that the PEQ exceeds the PEL, then a WQBEL for the toxic substance shall be established in the permit consistent with R 323.1211.

(7) All of the following conditions apply when considering intake toxic substances in establishing limitations in NPDES permits:

(a) The department may determine that there is no reasonable potential for the discharge of an identified intake toxic substance to cause or contribute to an excursion above any water quality value if a discharger demonstrates, to the satisfaction of the department, or the department determines, all of the following:

(i) The facility withdraws 100% of the intake water containing the toxic substance from the same body of water into which the discharge is made.

(ii) The facility does not contribute a measurable increased mass of the identified intake toxic substance to its wastewater.

(iii) The facility does not alter the identified intake toxic substance chemically or physically in a manner that would cause adverse water quality impacts to occur that would not occur if the toxic substances were left in- stream.

(iv) The facility does not increase the identified intake toxic substance concentration, as defined by the department, at the edge of the mixing zone or if a mixing zone is not allowed at the point of discharge, as compared to the toxic substance concentration in the intake water, unless the increased concentration does not cause or contribute to an excursion above an applicable water quality standard.

(v) The timing and location of the discharge would not cause adverse water quality impacts to occur that would not occur if the identified intake toxic substance were left in-stream.

(b) If there is a finding under subdivision (a) of this subrule that a toxic substance in the discharge does not have the reasonable potential to cause or contribute to an excursion above a water quality value, then a WQBEL is unnecessary and the permit may require monitoring necessary to demonstrate that the conditions in subdivision (a) of this subrule are maintained during the permit term. Unique situations for commingled waste streams at facilities will be addressed on a case-by-case basis.

(c) Absent a finding under subdivision (a) of this subrule, the department shall use the procedures described in subrules (2) through (5) of this rule to determine whether a discharge has the reasonable potential to cause or contribute to an excursion above any water quality value.

(d) If the background receiving water concentration of the intake toxic substance of concern exceeds the most stringent applicable water quality value for that toxic substance, then all of the following provisions apply:

(i) If the facility meets the conditions in subdivision (a)(i) and (iii) to (v) of this subrule, then a no net addition limit may be established for the toxic substance of concern at a mass and concentration that are no greater than the mass and concentration of the toxic substance identified in the facility’s intake water. In determining whether there has been an addition, recognized statistical concepts shall be considered. For toxic substances contained in the intake water provided by a water system, the concentration of the intake toxic substance shall be determined at the point where the raw water is removed from the same body of water, except that it shall be the point where the water enters the water supplier’s distribution system where the water treatment system removes any of the identified toxic substances from the raw water supply. Mass shall be determined by multiplying the concentration of the toxic substance by the volume of the facility’s intake flow received from the water system. Following establishment of a TMDL developed under R 323.1207 for the water body segment encompassing the facility, any use of no net addition limits shall be consistent with the TMDL.

Note: The Water Quality Guidance for the Great Lakes System, 40 C.F.R. Part 132 (1995), indicates that a permit may not authorize no net addition limits that are effective after March 23, 2007. The preamble to 40 C.F.R. Part 132 indicates that the environmental protection agency (EPA) will revisit this requirement by March 23, 2002, to consider possible extensions. After the redetermination by EPA, the department will consider modifying these rules to incorporate a phaseout date for no net addition limits, if still necessary.

(ii) If the intake toxic substance in a facility’s discharge originates from a water that is not the same body of water as the receiving water, then WQBELs shall be established based upon the most stringent water quality value for that toxic substance.

(iii) If a facility discharges an intake toxic substance that originates in part from the same body of water, and in part from a different body of water, then the department may apply the conditions of paragraphs (i) and (ii) of this subdivision to derive an effluent limitation reflecting the flow-weighted average of each source of the toxic substance.

**History**
- *History: 1997 A A C S; 2006 AACS.*

##### **Mich. Admin. Code R 323.1213** WQBELs less than quantification level {#sec-r-323.1213 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.1213}

Rule 1213. (1) If a water quality-based effluent limit (WQBEL) for a toxic substance is calculated to be less than the quantification level, then all of the following provisions apply:

(a) The department shall designate, in the national pollutant discharge elimination system (NPDES) permit, the WQBEL as calculated.

(b) The permit shall state, for the purpose of compliance assessment, the analytical method to be used to monitor the amount of toxic substance in the effluent and the quantification level. The analytical method specified shall be the most sensitive, applicable, analytical method specified in or approved under the pollutant testing regulations set forth in 40 C.F.R. §136 (2000), which are adopted by reference in R 323.1221, or other appropriate method that provides confirmation and verification acceptable to the department if one is not available under 40 C.F.R. §136 (2000). The permit shall also state that if an effluent sample is less than the quantification level, then the permittee shall be considered in compliance for the period that the sample represents if the pollutant minimization program (PMP) described in subdivision (d) of this subrule is being fully performed.

(c) The quantification level shall be the minimum level (ML) specified in, or approved under, 40 C.F.R. §136 (2000), which are adopted by reference in R 323.1221, for the method for that toxic substance. If such ML does not exists, or if the method is not specified or approved under 40 C.F.R. §136 (2000), then the quantification level shall be the lowest quantifiable level practicable as established by procedures approved by the department.

When establishing a quantification level, the department shall consider the achievability of the value by competent commercial laboratories. The permittee shall be given the opportunity to demonstrate that a higher quantification level is appropriate because of sample matrix interference.

(d) The permit shall contain a special condition requiring the permittee to develop and conduct a PMP for each toxic substance with a WQBEL below the quantification level, unless the permittee can demonstrate to the department that an alternate technique is available and will be used to assess compliance with the WQBEL. The goal of the PMP shall be to maintain the effluent concentration of the toxic substance at or below the WQBEL. The department shall consider cost-effectiveness during the development and implementation of a PMP. The permit shall require the submittal of a PMP by the permittee that describes the control strategy designed to proceed toward achievement of the goal and shall include all of the following:

(i) An annual review and semiannual monitoring of potential sources of the toxic substance.

(ii) Quarterly monitoring for the toxic substance in the influent to the wastewater treatment system.

(iii) A commitment by the permittee that reasonable cost-effective control measures will be implemented when sources of the toxic substance are discovered. Factors to be considered shall include all of the following:

(A) Significance of sources.

(B) Economic considerations.

(iv) An annual status report. The report shall be sent to the department and shall include all of the following:

(A) All minimization program monitoring results for the previous year.

(B) A list of potential sources of the toxic substance.

(C) A summary of all actions taken to reduce or eliminate the identified sources of the toxic substance. The requirements of paragraphs (i) to (iv) of this subdivision may be modified by the department on a case-by-case basis.

(e) The permit may contain a special condition requiring fish tissue monitoring or other biouptake sampling, or both, or facility sludge monitoring to assess the progress of the PMP.

(f) The permit shall contain a reopener clause indicating that any information generated as a result of the PMP described in subdivision (d) of this subrule may be used to support a request for subsequent permit modification, including revision or removal of the PMP requirement.

(g) The quantification level specified in a NPDES permit pursuant to this rule shall remain in effect until the permit is modified or reissued. If the quantification level is reduced through a permit modification or reissuance, then the permittee may be eligible for a compliance schedule under R 323.1217 and a variance under R 323.1103.

**History**
- *History: 1997 AACS; 2006 AACS.*

##### **Mich. Admin. Code R 323.1215** Special conditions for bioaccumulative chemicals of concern (BCCs) {#sec-r-323.1215 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.1215}

Rule 1215. Conditions shall be established in national pollutant discharge elimination system (NPDES) permits that require the permittee to monitor for BCCs expected to be present in the discharge as a result of operations at the facility. The permit shall also contain a provision, consistent with R 323.1098, that prohibits the permittee from undertaking any action that would result in a lowering of water quality from an increased loading of a BCC unless an increased use request, including an antidegradation demonstration, has been submitted and approved by the department. The permit shall also require that the department be notified within 10 days of the permittee becoming aware that a lowering of water quality from an increased loading of a BCC has occurred.

**History**
- *History: 1997 AACS.*

##### **Mich. Admin. Code R 323.1217** Compliance schedules {#sec-r-323.1217 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.1217}

Rule 1217. (1) If a permit issued to a new discharger contains a water quality-based effluent limitation (WQBEL) for a toxic substance, then the permittee shall comply with the limitation upon commencement of the discharge. Compliance schedules may be granted for new or more stringent WQBELs contained in a modification to the permit or subsequently issued permits.

(2) Any existing permit that is reissued or modified to contain a new or more restrictive WQBEL for a toxic substance or a lower quantification level established under R 323.1213 may allow a reasonable period of time, up to 5 years from the date of permit issuance or modification, for the permittee to comply with the new or more restrictive WQBEL or lower quantification level. When a compliance schedule goes beyond the term of a permit, an interim permit limit shall become effective on or before the permit expiration date.

(3) If a permit establishes a schedule of compliance under subrule (2) of this rule that exceeds 1 year from the date of permit issuance or modification, then the schedule shall set forth interim requirements and dates for achievement of the requirements, as appropriate.

(4) If a WQBEL for a toxic substance based upon a tier II value derived under R 323.1057 is included in a reissued or modified permit for an existing discharger, then the permit shall provide a reasonable period of time, up to 2 years, in which to provide additional data necessary to develop a tier I value or to modify the tier II value. Information submitted to modify the tier II value may also include site-specific data and any such site-specific modifications shall be calculated according to the site-specific modification requirements of R 323.1057. The permit shall require compliance with the tier II limitation within a reasonable period of time, which shall not be more than 5 years after permit issuance or modification, and shall contain a reopener clause.

(5) The reopener clause specified in subrule (4) of this rule shall authorize permit modifications if additional data have been provided by the permittee or a third party during the time allowed to provide the data and if the permittee or a third party demonstrates that a revised WQBEL for a toxic substance is appropriate. The revised WQBEL shall be incorporated through a permit modification and areasonable time period, up to 5 years from the date of modification, shall be allowed for compliance. If incorporated before the compliance date of the original tier II limitation, any such revised WQBEL shall not be considered less stringent for purposes of the antibacksliding provisions of section 402(o) of the clean water act (CWA).

(6) If the specified studies have been completed and do not demonstrate that a revised WQBEL is appropriate, then the department shall provide a reasonable additional period of time, not to exceed 5 years, to achieve compliance with the original WQBEL.

(7) If future studies other than those conducted under subrule (4) of this rule result in a water quality value being changed to a less stringent value, after the effective date of a WQBEL for that substance, the existing WQBEL may be revised to be less stringent if 1 of the following provisions is met:

(a) The less stringent WQBEL complies with sections 402(o)(2) and (3) of the clean water act.

(b) The less stringent WQBEL complies with water quality standards or is consistent with a department-approved total maximum daily load in nonattainment waters.

**History**
- *History: 1997 AACS; 2006 AACS.*

##### **Mich. Admin. Code R 323.1219** Whole effluent toxicity {#sec-r-323.1219 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.1219}

Rule 1219. (1) For the purpose of evaluating the need for whole effluent toxicity (WET) limits or conditions in point source discharges, the narrative WET standard specified in R 323.1057(6) shall be interpreted as follows:

(a) An effluent shall not exceed 1.0 acute toxic unit (TU a ), unless a higher level is acceptable consistent with R 323.1082(1).

(b) An effluent shall not cause or contribute to an exceedance of 1.0 chronic toxic unit (TU c ) in the surface waters of the state outside of any department-approved mixing zone.

(2) If the department determines under subrule (4) of this rule that the WET of an effluent is or may be discharged at a level that will cause or contribute to an excursion above the narrative WET standard specified in R 323.1057(6), then the department shall implement all of the following provisions:

(a) Establish a WET limitation or limitations consistent with subrule (5) of this rule, except as provided in subdivision (d) of this subrule, to assure both of the following:

(i) Attainment of the acute WET provisions of subrule (1)(a) of this rule.

(ii) Attainment of the chronic WET provisions of subrule (1)(b) of this rule.

(b) Specify, in the national pollutant discharge elimination system (NPDES) permit for existing dischargers, on a case-by-case basis, a requirement to perform a toxicity reduction evaluation if representative toxicity data indicate persistent exceedance of the WET limitation.

(c) Allow, with respect to any WET limitation established under subdivision (a) of this subrule, an appropriate schedule of compliance consistent with R 323.1217.

(d) Decide, on a case-by-case basis, if a WET limitation is not necessary if the department determines that chemical-specific effluent limits are sufficient to ensure compliance with any of the conditions specified in subrule (1) of this rule.

(3) If the department has insufficient information to determine, under subrule (4) of this rule, whether the WET of an effluent will be discharged at a level that will cause or contribute to an excursion above the narrative WET standard specified in R 323.1057(6), then both of the following may be included in the permit:

(a) WET testing requirements to generate the data needed to adequately characterize the toxicity of the effluent to aquatic life and any toxicity reduction requirements needed to meet the requirement of subrule (1) of this rule.

(b) A permit reopener clause to establish WET limits if any toxicity testing data required under subdivision (a) of this subrule indicate that the WET of an effluent is discharged at levels that will cause or contribute to an excursion above any of the conditions specified in subrule (1) of this rule.

(4) The department shall take into account the factors described in the permit condition regulations set forth in 40 C.F.R. §122.44(d)(1)(ii), which are adopted by reference in R 323.1221, and use representative data to evaluate the WET of an effluent. All of the following provisions for evaluating the reasonable potential of an effluent to exceed the requirements of R 323.1057(6) shall be applied:

(a) The toxicity of the effluent shall be characterized consistent with all of the following provisions:

(i) The results of acute toxicity tests collected within the same day for each species shall be averaged to represent 1 daily value. The maximum of all representative daily values for the most sensitive species tested shall be used for acute reasonable potential determinations.

(ii) The results of chronic toxicity tests collected within the same calendar month for each species shall be averaged to represent 1 monthly value. The maximum of all representative monthly values for the most sensitive species tested shall be used for chronic reasonable potential determinations.

(iii) If data exist for either acute WET or chronic WET, but not for both endpoints, then toxicity values for missing endpoints may be estimated using a default acute-chronic ratio (ACR) of 10.

(iv) For purposes of deriving the daily acute and monthly chronic values in paragraphs (i) and (ii) of this subdivision, toxicity tests that do not yield quantifiable results (e.g. > = 1.0 TU A or TU C ) shall be assigned a value of zero.

(b) The WET of an effluent is or may be discharged at a level that will cause or contribute to an excursion above the acute narrative standard specified in R 323.1057(6) when:

(TU A effluent)(MF) > acute PEL Where:

"TU A effluent" is the maximum of the daily values determined pursuant to subdivision (a)(i) of this subrule.

"MF" is the multiplying factor determined using the acute toxicity test results for the most sensitive species as specified in subdivision (a)(i) of this subrule. If none of the acute toxicity tests yield quantifiable results, then the MF shall be 1. Where there is at least 1 but fewer than 10 acute toxicity tests with quantifiable results, the multiplying factor taken from table 5 shall be based on a coefficient of variation (CV) of 0.6.

Where there are 10 or more acute toxicity tests with quantifiable results, the multiplying factor taken from table 5 shall be based on a CV calculated as the standard deviation of the acute toxicity test results divided by the arithmetic mean of those test results. For the purpose of selecting a MF from table 5, “n” shall equal the total number of quantifiable and nonquantifiable acute toxicity test results. For the purpose of developing a calculated CV, acute toxicity tests that do not yield quantifiable results shall equal 1.0 TUa. If the calculated CV is <0.05, then the MF shall be 1.

"Acute PEL" is the preliminary acute wet limitation derived for the facility under subrule (5)(c) of this rule.

(c) The WET of an effluent is or may be discharged at a level that will cause or contribute to an excursion above the chronic narrative standard specified in R 323.1057(6) when:

(TU C effluent)(MF) > chronic PEL Where:

"TU C effluent" is the maximum of the monthly values determined pursuant to subdivision (a)(ii) of this subrule.

"MF" is the multiplying factor determined using the chronic toxicity test results for the most sensitive species as specified in subdivision (a)(ii) of this subrule. If none of the chronic toxicity tests yield quantifiable results, then the MF shall be 1. Where there is at least 1 but fewer than 10 chronic toxicity tests with quantifiable results, the multiplying factor taken from table 5 shall be based on a coefficient of variation (CV) of 0.6. Where there are 10 or more chronic toxicity tests with quantifiable results, the multiplying factor taken from table 5 shall be based on a CV calculated as the standard deviation of the chronic toxicity test results divided by the arithmetic mean of those test results. For the purpose of selecting a MF from table 5, “n” shall equal the total number of quantifiable and nonquantifiable chronic toxicity test results. For the purpose of developing a calculated CV, chronic toxicity tests that do not yield quantifiable results shall equal 1.0 TUc. If the calculated CV is <0.05, then the MF shall be 1.

"Chronic PEL" is the preliminary chronic wet limitation derived for the facility under subrule (5)(a) or (b) of this rule.

(d) The WET of a new discharge shall be evaluated on a case-by-case basis considering all information available on the potential toxicity of the proposed discharge.

(5) WET limitations shall be developed using all of the following provisions: (a)

Chronic WET limitations for discharges to lotic waters shall be developed as follows:

WET limit = W (Qe + Qr)

Qe Where:

W = the condition specified in subrule (1)(b) of this rule.

Qr = flow of the receiving water allocated for mixing under R 323.1082. If a discharger has an intake upstream of the point of discharge, then Qr shall reflect the reduction in design flow attributable to the intake.

(b) Chronic WET limitations for discharges to the Great Lakes and inland lakes shall be developed as follows:

WET limit = (W)(Q + 1)

Where:

W = the condition specified in subrule (1)(b) of this rule.

Q = the number of parts receiving water allowed for mixing under R 323.1082(5).

(d) WET limitations for facilities with overlapping mixing zones shall be evaluated on a case-by-case basis.

(e) For purposes of an NPDES permit, WET limitations shall be expressed as follows:

(i) An acute WET limitation shall be applied as a daily maximum and expressed in TU a .

(ii) A chronic WET limitation shall be applied as a monthly average and expressed in TU c .

(6) Monitoring frequency to evaluate compliance with WET limitations shall be established by the department on a case-by-case basis. Concerns with the effects of temperature and pH on ammonia toxicity under laboratory conditions during cold weather months will be considered in establishing monitoring frequency.

(7) All WET tests performed to implement or ascertain compliance with this rule shall be consistent with methods established in 40 C.F.R. Part 136 (2000), which are adopted by reference in R 323.1221. Methods approved by the department shall be used when appropriate WET methods are not specified in 40 C.F.R. Part 136 (2000).

Table 4 5. Reasonable potential multiplying factors: 95% confidence level and 95% probability basis. n CoefficientofVariation 0.10.20.30.40.50.60.70.80.91.01.11.21.31.41.51.61.71.81.92.0 1 ---- 6.2 - 2 ---- 3.8 - 3 ---- 3.0 - 4 ---- 2.6 - 5---- 2. - 6---- 2. - 7---- 2. - 8---- 1. - 9---- 1. -

**History**
- *History: 1997 AACS; 2006 AACS*

##### **Mich. Admin. Code R 323.1221** Adoption of standards by reference. 1. 1. 1. 1. 1. 1. 1. 2. 2. 2. 2. 2. 2. 2. 3. 3. 3. 3. 3. 3. 1. 1. 1. 1. 1. 1. 1. 1. 2. 2. 2. 2. 2. 2. 2. 2. 3. 3. 3. 3. 1. 1. 1. 1. 1. 1. 1. 1. 2. 2. 2. 2. 2. 2. 2. 2. 2. 2. 3. 3. 1. 1. 1. 1. 1. 1. 1. 1. 1. 2. 2. 2. 2. 2. 2. 2. 2. 2. 2. 2. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 2. 2. 2. 2. 2. 2. 2. 2. 2. 2. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 2. 2. 2. 2. 2. 2. 2. 2. 2. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 2. 2. 2. 2. 2. 2. 2. 2. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 2. 2. 2. 2. 2. 2. 2. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 2. 2. 2. 2. 2. 2. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 2. 2. 2. 2. 2. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 2. 2. 2. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 801.01.01.00.90.90.90.90.90.90.90.90.90.90.90.80.80.80.80.80.8 1.01.00.9 0.90.90.90.90.90.90.80.80.80.80.80.80.80.80.80.80.8 1. 1. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0 {#sec-r-323.1221 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.1221}

Rule 1221. All of the following standards are adopted by reference in these rules, are available for inspection at the Lansing Office of the Department of Environmental Quality, and may be obtained as indicated:

(a) "EPA Priority Pollutants and Hazardous Substances," 40 C.F.R. §122.21, Appendix D (2000). Copies may be obtained from the Department of Environmental Quality, 525 West Allegan Street, Lansing, Michigan 48933, at a cost as of the time of adoption of these rules of 5 cents per page and a labor rate of $20.18 per hour, or from the Superintendent of Documents, Government Printing Office, Washington, DC 20402, at a cost as of the time of adoption of these rules of $43.00, or via the internet at http://www.access.gpo.gov/nara.

(b) "Table 6. Pollutants of Initial Focus in the Great Lakes Water Quality Initiative," 40 C.F.R. §132 (1995). Copies may be obtained from the Department of Environmental Quality, 525 West Allegan Street, Lansing, Michigan 48933, at a cost as of the time of adoption of these rules of 5 cents per page and a labor rate of $20.18 per hour, or from the Superintendent of Documents, Government Printing Office, Washington, DC 20402, at a cost as of the time of adoption of these rules of $43.00, or via the internet at http://www.access.gpo.gov/nara.

(c) "Total maximum daily loads (TMDL) and individual water quality-based effluent limitations," 40 C.F.R §130.7 (2000). Copies may be obtained from the Department of Environmental Quality, 525 West Allegan Street, Lansing, Michigan 48933, at a cost as of the time of adoption of these rules of 5 cents per page and a labor rate of $19.78 per hour, or from the Superintendent of Documents, Government Printing Office, Washington, DC 20402, at a cost as of the time of adoption of these rules of $43.00, or via the internet at http://www.access.gpo.gov/nara.

(d) "Appendix F to Part 132 - Great Lakes Water Quality Initiative Implementation Procedures, Procedure 5.B.2," 40 C.F.R. §132 (1995). Copies may be obtained from the Department of Environmental Quality, 525 West Allegan Street, Lansing, Michigan 48933, at a cost as of the time of adoption of these rules of 5 cents per page and a labor rate of $20.18 per hour, or from the Superintendent of Documents, Government Printing Office, Washington, DC 20402, at a cost as of the time of adoption of these rules of $43.00, or via the internet at http://www.access.gpo.gov/nara.

(e) "Guidelines Establishing Test Procedures for Analysis of Pollutants," 40 C.F.R. §136 et seq. (2000). Copies may be obtained from the Department of Environmental Quality, 525 West Allegan Street, Lansing, Michigan 48933, at a cost as of the time of adoption of these rules of 5 cents per page and a labor rate of $20.18 per hour, or from the Superintendent of Documents, Government Printing Office, Washington, DC 20402, at a cost as of the time of adoption of these rules of $61.00, or via the internet at http://www.access.gpo.gov/nara.

(f) "Establishing limitations, standards, and other permit conditions," 40 C.F.R §122.44(d)(1)(ii) (2000). Copies may be obtained from the Department of Environmental Quality, 525 West Allegan Street, Lansing, Michigan 48933, at a cost as of the time of adoption of these rules of 5 cents per page and a labor rate of $20.18 per hour, or from the Superintendent of Documents, Government Printing Office, Washington, DC 20402, at a cost as of the time of adoption of these rules of $43.00, or via the internet at http://www.access.gpo.gov/nara.

**History**
- *History: 1997 AACS; 2006 AACS.*

### **R 323.1251 to R 323.1259** Water Resources Protection -- Part 10. Treatment Plant Operators

##### **Mich. Admin. Code R 323.1251** Purpose {#sec-r-323.1251 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.1251}

DEPARTMENT OF ENVIRONMENTAL QUALITY

ENVIRONMENTAL RESPONSE DIVISION

GENERAL RULES

(By authority conferred on the water resources commission by sections 2and 5 of Act No. 245 of the Public Acts of 1929, as amended, sections 33and 63 of Act No. 306 of the Public Acts of 1969, as amended, and Executive Order No. 1976-8a, being SS323.2, 323.5, 24.233, and 24.263 of the Michigan Compiled Laws)

PART 10. TREATMENT PLANT OPERATORS

Rule 251. Section 6a of Act No. 245 of the Public Acts of 1929, as added by Act No. 209 of the Public Acts of 1968 and amended by Act No. 129 of the Public Acts of 1972, being S323.206a of the Michigan Compiled Laws, requires that every industrial or commercial entity which discharges liquid wastes into any surface or ground waters or underground or on the ground other than through a public sanitary sewer shall have waste treatment or control facilities under the specific supervision and control of persons who have been certified by the water resources commission as being properly qualified to operate the facilities. These rules set forth the requirements for certification of such operators.

Editor's note: R 323.1251 - R 323.1259 were transferred from R 323.21 - R 323.29. See 1954 ACS 72.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 323.1252** Definitions {#sec-r-323.1252 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.1252}

Rule 252. (1) "Board" means the board of examiners established by the commission.

(2) "Certificate" means a document issued by the commission at testing that a person is properly qualified to operate or supervise the operation of certain designated waste treatment or control facilities.

(3) "Owner" means an industrial or commercial entity which discharges liquid wastes into any surface or ground waters or underground or on the ground other than through a public sanitary sewer.

(4) "Public sanitary sewer" means an enclosed pipe or conduit intended to carry wastewater from homes, businesses, and industries and is owned, operated, and maintained by a city, village, township, county, authority, or other municipal entity.

(5) "Waste treatment or control facilities" means any disposal system, including disposal wells, or any treatment works, equipment, machinery, or installation constructed, used, or placed in operation for the purpose of reducing or eliminating water pollution caused by industrial waste or any device or equipment for retaining, metering, regulating, or monitoring a wastewater discharge, except that this rule shall not apply to water, gas, or other material which is injected into a well to facilitate production of oil or gas, or water derived in association with oil or gas production and disposed of in a well, if the well is used either to facilitate production or for disposal purposes and is under permit by the state supervisor of wells.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 323.1253** Classification of waste treatment or control facilities {#sec-r-323.1253 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.1253}

Rule 253. (1) Each waste treatment or control facility shall be classified by the commission as to type. The commission shall notify the owner of the waste treatment or control facility of its classification by issuing a certificate of classification. An owner who objects to the assigned classification may appeal to the commission in accordance with the commission's rules of procedure. Upon appeal, the commission shall schedule a hearing and request the owner to present evidence to support his claim. After the hearing, the commission shall determine the proper waste treatment or control facility classification.

(2) Classifications shall be of 3 types, described as physical, chemical, and biological.

Each of these classifications shall be further subdivided into at least 3 subclassifications, with the more complex facilities assigned the higher numbers.

EXAMPLES OF WASTE TREATMENT

OR CONTROL FACILITIES CLASSIFICATIONS

A. PHYSICAL

Subclassification No. 1 Subclassification No. 2 Plain sedimentation Filtration Screening Thermo control, cooling towers Spray pond Incineration, land disposal Skimming Radioactivity monitoring Gravity separation Air flotation Flotation Gas stripping Impoundment,regulated discharge Centrifuging Impoundment, without discharge Discharge measuring and monitoring Land surface disposal Subsurface disposal Subclassification No. 3 Deep well injection Wax oxidation Membrane filtration B. CHEMICAL Subclassification No. 1 Sludge conditioning Adsorption Neutralization Absorption Subclassification No. 2 Ion exchange Chemical cloagulation Subclassification No. 3 Precipitation Chemical oxidation reduction Emulsion breaking Chemical recovery C. BIOLOGICAL Subclassification No. 1 Subclassification No. 2 Extended aeration Disinfection Aerated Lagoons Trickling filters Natural stabilization basin Aerobic and anaerobic digestion Subclassification No. 3 Activated sludge

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 323.1254** Board of examiners {#sec-r-323.1254 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.1254}

Rule 254. The commission shall appoint a 5-member board of examiners, of which 1 member shall be a member of the staff of the commission, 1 shall be a member of the staff of the Michigan department of public health, 1shall be an owner of a commercial or industrial enterprise which operates a waste treatment facility or an employee of such an owner, 1 shall be a holder of a certificate to operate or supervise the operation of a waste treatment facility, and 1 shall be chosen at large. Of the members first appointed, 1 shall be appointed for a term of 1 year, 2 for terms of 2years and 2 for terms of 3 years.

Thereafter, each member shall be appointed for a term of 3 years. At its first meeting in each calendar year, the board shall select from its membership a chairman and such other officers as may be needed to conduct its business. Members of the board shall be reimbursed for their actual and necessary expenses in transacting board business.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 323.1255** Applications and examinations {#sec-r-323.1255 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.1255}

Rule 255. (1) A person desiring to be certified in 1 or more of the classifications shall file an application with the commission at least 30 days before the established date of the examination on an application form provided by the commission. The information included therein shall constitute a part of the examination.

(2) The board, shall, under the direction of the commission, examine applicants for certification in order to determine their ability and qualifications, at such times and places as it designates and in accordance with the provisions of these rules. Examinations shall be held at least annually. Sixty days' notice of the examination date shall be given. The board, as a result of the examination and the requirements of the act, shall recommend to the commission the issuance or non-issuance of certificates.

(3) The commission may maintain reciprocal certification with other states.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 323.1256** Qualifications for certification {#sec-r-323.1256 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.1256}

Rule 256. (1) The board may recommend for certification, following an oral examination and such other examinations, including an evaluation of the applicant's experience, as the board may require, persons with the following qualifications:

(a) Minimum requirements, all types of classification no. 1:

(i) The ability to read and write.

(ii) Comprehension of the principles and problems of management of the treatment process and facilities.

(iii) The ability to perform arithmetic calculations necessary to, operate the waste treatment or control facility, and prepare the required report to the commission.

(b) Minimum requirements, all types of classification no. 2:

(i) The equivalent of a high school education with the equivalent of high school chemistry.

(ii) Comprehension of the principles and problems of management of the treatment process and facilities.

(iii) The ability to perform arithmetic calculations necessary to carry out the operation of the waste treatment or control facility, and prepare the required report to the commission.

(i) The equivalent of 2 years of college education in engineering, chemistry, biological sciences, or allied field. Graduation from high school and with at least 4 courses in posthigh school level chemistry or biological sciences, or both, may be considered to be equivalent.

(ii) Comprehension of the principles and problems of management of the treatment process and facilities.

(2) The board may recommend for certification in an appropriate classification, without written examination, or with oral examinations at the board's option, persons having the following qualifications:

(a) Applicants who are registered professional engineers in Michigan and have at least 2 years' experience in the water pollution control or waste treatment field.

(b) Applicants who have a bachelor of science or higher degree in engineering, chemistry, biological sciences, or allied field and have at least 3 years' experience in the water pollution control or waste treatment field.

(c) Applicants who hold a classification no. 1 or no. 2 certificate, have at least 5 years' experience in the water pollution control or waste treatment field, have proved their competence in their present classification, and have successfully completed advanced courses in 1 or more of the following: chemistry, biological sciences, and waste treatment operation.

(3) Oral examinations, when held by the board, shall determine the overall knowledge of the applicant in regard to the operation of the type of facility the applicant will be responsible for, and the possible effects of discharge of untreated or inadequately treated waste upon the waters receiving the plant effluent.

(4) The commission may deny a certificate to a person who has given false information in his application or who has been guilty of fraudulent practices in his examination. This denial, or any other denial of a certificate, may be appealed from in accordance with the commission's rules of procedure.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 323.1257** Renewal and revocation of certificates {#sec-r-323.1257 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.1257}

Rule 257. (1) A certificate is valid for 5 years from the next July 1 after the date of issuance. On or after January 1 of the year in which a certificate expires, the certified person may apply for renewal thereof.

The commission may waive reexamination if the certified operator's operation record justifies such exceptions. Failure to apply for renewal shall result in termination of such certification. The commission shall notify the certified operator and the owner as to the action it has taken.

(2) If the certificate of an operator is not renewed within 30 days after its renewal date, the commission shall give notice of the nonrenewal to the owner and the operator and 30 days thereafter certification shall be terminated unless application for renewal has been received in the interim.

(3) The commission may revoke the certificate of a person who, after a hearing, is adjudged incompetent or unable to properly perform the duties of operator in his classification, or who has practiced fraud or falsification or who has been negligent in the discharge of his duties. Notice of revocation shall be given to the owner and to the person whose certification is being revoked.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 323.1258** Persons in responsible charge and changes {#sec-r-323.1258 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.1258}

Rule 258. (1) An owner shall designate a certified operator to be in responsible charge of the day-to-day operation of each waste treatment facility, and shall inform the commission of the designation. The owner may replace the designated operator with another properly certified operator at any time and shall notify the commission within 10 days after the replacement.

(2) A certified operator who changes his address or place of employment shall notify the commission thereof within 30 days after the change.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 323.1259** Reports {#sec-r-323.1259 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.1259}

Rule 259. The person in responsible charge of a waste treatment or control facility shall file with the commission, each month or at such longer interval as the commission may designate, on forms provided by the commission, operating reports showing the effectiveness of the treatment facility operation and the quantity and quality of liquid wastes discharged into any surface or ground waters or underground or on the ground other than through a public sanitary sewer. When the person in responsible charge is not available to file the report, the owner may appoint a substitute suitable to the commission to file the report.

Editor's note: R 323.1251 - R 323.1259 were transferred from R 323.21 - R 323.29. See 1954 ACS 72.

**History**
- *History: 1979 AC.*

### **R 323.1311 to R 323.1329** Water Resources Protection -- Part 13. Floodplains and Floodways

##### **Mich. Admin. Code R 323.1311** Definitions {#sec-r-323.1311 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.1311}

DEPARTMENT OF ENVIRONMENTAL QAULITY

LAND AND WATER MANAGEMENT DIVISION

(By authority conferred on the department of environmental quality by Part 31 of 1994 PA 451, as amended, MCL 324.3103.)

PART 13. FLOODPLAINS AND FLOODWAYS

Rule 311. As used in this part:

(a) "A 100-year flood" means a flood with a magnitude which has a 1% chance of occurring or being exceeded in any given year.

(b) "Department" means the Michigan department of environmental quality.

(c) "Encroachment" means any structure, filling, grading, or deposition of materials in, upon, across, or projecting into, a floodplain, channel, or floodway.

(d) "Flood" means a temporary increase in the stage of a river or stream resulting in the inundation of lands not normally covered by water.

(e) "Floodplain" means that area of land adjoining a river or stream that will be inundated by a 100-year flood.

(f) "Floodway" means the channel of a river or stream and the portions of the floodplain adjoining the channel that are reasonably required to carry and discharge a 100-year flood.

(g) "Harmful interference" means causing an increased stage or change in direction of flow of a river or stream that causes, or is likely to cause, any of the following:

(i) Damage to property.

(ii) A threat to life.

(iii) A threat of personal injury.

(iv) Pollution, impairment, or destruction of water or other natural resources.

**History**
- *History: 1984 AACS; 1996 AACS.*

##### **Mich. Admin. Code R 323.1312** Applicability of rules {#sec-r-323.1312 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.1312}

Rule 312. These rules do not apply to any of the following:

(a) A watershed that has a drainage area of less than 2 square miles when measured at the downstream limits of the proposed project.

(b) An improvement proposed under Act No. 40 of the Public Acts of 1956, as amended, being §280.1 et seq. of the Michigan Compiled Laws.

(d) A flood control project designed by the United States soil conservation service.

(e) Bridge or culvert replacements, upon certification, by the owner or by the owner's engineering consultant, that the replacement is designed with an equal or greater hydraulic capacity, that the existing bridge or culvert and its approaches do not cause harmful interference, and that deletion of existing auxiliary openings and road overflow areas is not planned.

(f) New bridges or culverts, upon certification, by the owner or by the owner's engineering consultant, that the bridge or culvert is designed to pass the 100-year flood without causing harmful interference. Preliminary bridge or culvert plans, hydraulic waterway design calculations and construction methods, and procedures covering protection of natural resources shall be furnished with the certification to the department.

(g) The extension of an existing bridge or culvert where the total extended length is not more than 24 feet.

(h) A deck replacement of an existing bridge or resurfacing over an existing culvert.

(i) A roadway resurfacing project where the road grade or shoulders will be increased only by the addition of a new wearing course.

(j) Utility crossings of a floodplain where the floodplain will be restored essentially to existing elevations.

(k) Noncommercial piers, docks, spring piles, pile clusters, and streambank restorations, including seawalls, bulkheads, and other permanent revetment structures, that are classified as minor projects under R 281.816 (1) (a), (b), and (c).

(l) Excavating or dredging activities where dredged materials are placed in an upland area that is out of the floodplain.

(m) Boat ramps that conform to existing streambank contours.

**History**
- *History: 1984 AACS; 1996 AACS.*

##### **Mich. Admin. Code R 323.1313** Permit application; information {#sec-r-323.1313 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.1313}

Rule 313. (1) An application to the department for a permit to occupy, fill, or grade lands in a floodplain, streambed, or channel of a stream shall be on an application form obtained from the department.

(2) An application for a permit to place an encroachment not excluded under R 323.1312 in a floodplain, channel, or floodway shall include a site location and a property map showing limits of the proposed encroachment as it relates to the drainage course. A copy of a filed application shall be sent to the local unit of government prior to the department's final action on the application.

(3) The department may ask for the following additional information in order to analyze the effects that a proposed encroachment, acting alone or in combination with existing or future similar works, has on stage or discharge characteristics of the stream:

(a) A site development plan showing both existing and proposed conditions on a topographic map and containing the following information:

(i) Location map.

(ii) Property lines.

(iii) Road right-of-way, drainage, and utility easements.

(iv) Existing and proposed contours at sufficient intervals to adequately describe the existing features and the proposed alterations.

(v) Proposed bridges, culverts, and stormwater outfalls. Plans or sketches shall be included to provide sufficient information for evaluation.

(vi) Proposed channel relocations and the limits of improvements and alterations.

(vii) Delineation of proposed cut and fill limits.

(viii) Approximate volume of cut and fill.

(ix) Proposed elevations of roads and buildings, including elevations of first floor and basement openings into buildings.

(b) River or stream valley cross sections at locations where the proposed alteration or occupation is most significant. The cross section shall show both existing conditions and the proposed occupation or alteration and shall specify cut and fill side slopes.

Representative photographs of the natural channel and overbank areas shall be included.

(c) A hydraulic report, based on water surface profile computations, which evaluates the effect of the proposed encroachment on stage and discharge characteristics for a range of discharges up to and including the 100-year flood discharge. The report shall be prepared and sealed by an engineer licensed in Michigan.

**History**
- *History: 1979 AC; 1984 AACS.*

##### **Mich. Admin. Code R 323.1314** Rescinded {#sec-r-323.1314 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.1314}

**History**
- *History: 1979 AC; 1984 AACS; 1998 AACS; 2008 AACS.*

##### **Mich. Admin. Code R 323.1315** Criteria for determining permissibility of encroachments {#sec-r-323.1315 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.1315}

Rule 315. (1) An encroachment in the floodway which, acting alone or in combination with existing or future similar works, may cause harmful interference shall not be approved. In making this determination, an analysis shall be made for a range of discharges up to and including the 100-year flood discharge modified to reflect changes in land use and development reasonably anticipated to occur within the watershed up to twenty years from the date of application.

(2) A bridge or culvert, constructed or reconstructed, shall be capable of passing the 100year flood without causing harmful interference.

(3) An encroachment in the floodplain, landward of the floodway limits, which, acting alone or in combination with existing or future similar works, does not cause harmful interference may be permitted.

**History**
- *History: 1979 AC; 1984 AACS; 1998 AACS.*

##### **Mich. Admin. Code R 323.1316** Minor project categories {#sec-r-323.1316 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.1316}

Rule 316. Upon receipt of an application for a permit for any of the following minor projects, the department may act upon the application, if accompanied by a fee of $100.00, as provided for in section 3103 of Act. No.451 of the Public Acts of 1994, as amended, being §324.3103 of the Michigan Compiled Laws:

(a) Construction, filling, or grading that is landward of the floodway limit identified in flooplain delineation studies listed in R 323.1314(1).

(b) Construction, filling, or grading that is landward of the bed and banks of the St. Marys, St. Claire, and Detroit Rivers.

(c) Construction, filling, or grading that is landward of the floodway limits as determined by the department on stream reaches or in areas where floodways have not been defined by R 323.1314(1).

(d) Any construction of filling which is located within the following critical floowater storage areas and which is done on an individually owned subdivision lot where the construction and fill is confined to less than 5,000 square feet:

(i) Clinton river forks, as follows: Land areas within the 100-year floodplain of the Clinton river and branches within Clinton township and Macomb township, Macomb county.

(ii) Saginaw river storage area, as follows: Land areas within the 100-year floodplain of the Saginaw river and tributaries, including Cheboyganing and Dutch creeks, between the cities of Saginaw and Bay City, Saginaw and Bay counties.

(iii) Shiawassee flats, as follows: Land areas within the 100-year floodplain of the lower reaches of the Shiawassee, Cass, Flint, Tittabawassee, and Bad rivers within Saginaw county.

(iv) Snake creek, as follows: Land areas within the 100-year floodplain of Snake creek in the city of Midland, Midland county.

(v) Rush creek, as follows : Land areas within the 100-year floodplain of Rush creek in Georgetown township and the city of Hudsonville, Ottawa county.

(vi) Frank and Poet drain, as follows: Land areas within the 100-year floofplain of the Frank and Poet drain in the city of Trenton, Wayne county.

(e) A clear span bridge that has the lowest bottom of beam elevation at or above the natural ground elevations on either bank and the approach fill sloping to natural ground elevations within 10 feet on either end of the bridge.

(f) A culvert which has an effective waterway opening that equals or exceeds the crosssectional area of the channel, which has the fill over the culvert that is not more than 1.5 feet, and which has approach fill that slopes to natural ground elevations within 10 feet on either side of the culvert.

(g) A boardwalk which is of open pile construction and which is landward of or along the existing shoreline.

(h) A pond where excavated materials are placed landward of the floodway, as defined in R 323.1311(g).

(i) A parking lot constructed at grade or resurfacing that is not more than 4 inches above the existing surface.

(j) A deckplaced on a residential structure which is of open pile design, which is anchored to prevent flotation, and which does not extend over the bed and bank of a river or stream.

(k) A stormwater outfall which conforms of the side slope of the river, stream, or waterway and which does not project beyond the shoreline.

**History**
- *History: 1996 AACS.*

##### **Mich. Admin. Code R 323.1329** Hearings {#sec-r-323.1329 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.1329}

Rule 329. A person who feels aggrieved by any action taken pursuant to sections 3101 to 3119 of Act No. 451 of the Public Acts of 1994, as amended, being §§324.3101 to 324.3119 of the Michigan Compiled Laws, or these rules may request a hearing in accordance with the provisions of Act No. 306 of the Public Acts of 1969, as amended, being §24.201 et seq. of the Michigan Compiled Laws.

**History**
- *History: 1984 AACS; 1996 AACS.*

### **R 323.1351 to R 323.1354** Water Resources Protection -- Part 15. Use of Water in Mining Low Grade Ore

##### **Mich. Admin. Code R 323.1351** Definition {#sec-r-323.1351 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.1351}

DEPARTMENT OF ENVIRONMENTAL QUALITY

LAND AND WATER MANAGEMENT DIVISION

(By authority conferred on the water resources commission by sections 2 and 5 of Act No. 245 of the Public Acts of 1929, as amended, sections 33 and 63 of Act No. 306 of the Public Acts of 1969, as amended, and Executive Order No. 1976-8a, being SS323.2, 323.5, 24.233, and 24.263 of the Michigan Compiled Laws)

PART 15. IRON ORE BENEFICIATION

Rule 351. As used in this part, "beneficiation act" means Act No. 143 of the Public Acts of 1959, being SS323.251 to 323.258 of the Michigan Compiled Laws.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 323.1352** Applications {#sec-r-323.1352 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.1352}

Rule 352. An application filed under the beneficiation act for a permit to drain, divert, control or use water for the operation of low grade iron ore mining property shall be in letter form, supplemented by maps, charts, and data, setting forth in detail the location of the mining property, the necessity for the proposed water use development, the waters to be affected thereby including information on the points of drainage, diversion, control or use, the natural conditions and variations of the waters involved and the effects thereon from the proposed development. The application shall be signed by the operator of the mining property or his duly authorized representative and shall be filed in duplicate with the executive secretary of the commission.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 323.1353** Permits {#sec-r-323.1353 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.1353}

Rule 353. A permit issued under the beneficiation act for diversion or control of water is valid only during such times as the permittee maintains in proper operation devices to measure and record:

(a) The amount of water being diverted.

(b) The flow in streams below the diversion or control, if the permit is conditioned on reservation or maintenance of a specified minimum stream flow.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 323.1354** Hearings {#sec-r-323.1354 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.1354}

Rule 354. (1) The 2 notices of hearings required by the beneficiation act shall be published at intervals of 1 week or more and the last notice shall be published 2 weeks before the scheduled hearing date.

(2) All evidence, including records and documents in possession of the commission of which it desires to avail itself, and excepting those materials excluded by section 22 of Act No. 306 of the Public Acts of 1969, shall be offered at the public hearing and made a part of record in a case brought under the beneficiation act. Documentary evidence may be received in the form of copies or excerpts or by incorporation by reference. A hearing may be continued as necessary to permit the submittal of additional evidence. A permit will not be issued in a case where the commission deems the evidence submitted to be insufficient for determining that its exercise would not unreasonably impair the interest of the public or of riparians in lands or waters or the beneficial use thereof and would not endanger the public health or safety.

(3) Procedures for hearings shall be those as provided in part 3 of the general rules.

**History**
- *History: 1979 AC.*

### **R 323.1701 to R 323.1714** Water Resources Protection -- Part 17. Soil Erosion and Sedimentation Control

##### **Mich. Admin. Code R 323.1701** Definitions {#sec-r-323.1701 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.1701}

DEPARTMENT OF ENVIRONMENTAL QUALITY

WATER RESOURCE DIVISION

PART 17. SOIL EROSION AND SEDIMENTATION CONTROL

(By authority conferred on the department of environmental quality by sections 9104 and 9114 of 1994 PA 451, MCL 324.9104 and 324.9114)

PART 17. SOIL EROSION AND SEDIMENTATION CONTROL

Rule 1701. (1) As used in this part:

(a) "Accelerated soil erosion" means the increased loss of the land surface that occurs as a result of human activities.

(b) "Acceptable erosion and sediment control program" means the activities of a county or local enforcing agency or authorized public agency that are conducted in accordance with these rules and part 91 regarding staff training, developing and reviewing plans, issuing permits, conducting inspections, and initiating compliance and enforcement actions to effectively minimize erosion and off-site sedimentation.

(c) "Designated agent" means a person who has written authorization from the landowner to sign the application and secure a permit in the landowner's name.

(d) "Lake" means the Great Lakes and all natural and artificial inland lakes or impoundments that have definite banks, a bed, visible evidence of a continued occurrence of water, and a surface area of water that is equal to, or greater than, 1 acre. "Lake" does not include sediment basins and basins constructed for the sole purpose of storm water retention, cooling water, or treating polluted water.

(e) "Landowner" means a person who fulfills 1 or more of the following requirements:

(i) The person owns or holds a recorded easement on the property.

(ii) The person is engaged in construction in a public right-of-way in accordance with sections 13, 14, 15, and 16 of 1925 PA 368, MCL 247.183, 247.184, 247.185, and 247.186.

(iii) The person is engaged in a project that meets all of the following conditions:

(A) The project is related to 1 or more roads, highways, sidewalks, trails, driveways, parking areas, forms of public transit, forms of nonmotorized transportation, or boating, including all structures, improvements, features, and lands related to the project.

(B) One or more state agency or local unit of government owns, exercises jurisdiction over, or holds a recorded easement on the property in the area where the earth change will occur.

(C) All state agencies or local units of government that own, exercises jurisdiction over, or have a recorded easement on the property in the area where the earth change will occur grant a permit or written authorization to the person that specifies where the earth change is allowed to occur.

(D) No state agency or local unit of government that owns, exercises jurisdiction over, or holds a recorded easement in the area where the earth change will occur has control over the project during construction. The control prohibited by this subparagraph includes, but is not limited to, paying for or having a financial interest in the project during construction or directing contractors and other individuals engaged in construction work. The control prohibited by this subparagraph does not consist solely of establishing construction requirements or conducting inspections.

(f) "Nonerosive velocity" means a speed of water movement that is not conducive to the development of accelerated soil erosion.

(g) "Part 91" means part 91 of 1994 PA 451, MCL 324.9101 to 324.9123.

(h) "Sediment basin" means a naturally occurring or constructed depression used for the sole purpose of capturing sediment during or after an earth change activity.

(i) "Stabilization" means the establishment of vegetation or the proper placement, grading, or covering of soil to ensure its resistance to soil erosion, sliding, or other earth movement.

(j) "Storm water retention basin" means an area that is constructed to capture surface water runoff and that does not discharge directly to a lake or stream through an outlet. Water leaves the basin by infiltration and evaporation.

(k) "Stream" means a river, creek, or other surface watercourse that may or may not be serving as a drain as defined in 1956 PA 40, MCLs 280.1 to 280.630, and which has definite banks, a bed, and visible evidence of the continued flow or continued occurrence of water, including the connecting waters of the Great Lakes.

(l) "Temporary soil erosion and sedimentation control measures" means interim control measures that are installed or constructed to control soil erosion and sedimentation and that are not maintained after project completion.

(m) "Permanent soil erosion and sedimentation control measures" means control measures that are installed or constructed to control soil erosion and sedimentation and that are maintained after project completion.

(2) The terms defined in part 91 have the same meanings when used in these rules.

**History**
- *History: 1979 AC; 1998 AACS; 2017 AACS.*

##### **Mich. Admin. Code R 323.1702** Earth change requirements generally {#sec-r-323.1702 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.1702}

Rule 1702. (1) A person shall conduct an earth change in a manner that will effectively reduce accelerated soil erosion and resulting sedimentation.

(2) A person engaged in an earth change identified in R 323.1704 shall plan, implement, and maintain acceptable soil erosion and sedimentation control measures in conformance with part 91, which effectively reduce accelerated soil erosion and off-site sedimentation.

(3) A person shall set forth soil erosion and sedimentation control measures in a plan as prescribed by R 323.1703. A person shall make the plan available for inspection at all times at the site of the earth change. The department, or its designated representative, may require the county or local enforcing agency to file a copy of the plan with the department.

(4) A person shall obtain a permit containing state prescribed information, as required by R 323.1707, and make the permit available for inspection at the site of the earth change.

**History**
- *History: 1979 AC; 1998 AACS.*

##### **Mich. Admin. Code R 323.1703** Soil erosion and sedimentation control plan requirements {#sec-r-323.1703 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.1703}

Rule 1703. A person shall prepare a soil erosion and sedimentation control plan for any earth change identified in R 323.1704. A person shall design the plan to effectively reduce accelerated soil erosion and sedimentation and shall identify factors that may contribute to soil erosion or sedimentation, or both. The plan shall include, but not be limited to, all of the following:

(a) A map or maps at a scale of not more than 200 feet to the inch or as otherwise determined by the county or local enforcing agency. A map shall include a legal description and site location sketch that includes the proximity of any proposed earth change to lakes or streams, or both; predominant land features; and contour intervals or slope description.

(b) A soils survey or a written description of the soil types of the exposed land area contemplated for the earth change.

(i) A description and the location of the physical limits of each proposed earth change.

(ii) A description and the location of all existing and proposed on-site drainage and dewatering facilities.

(iii) The timing and sequence of each proposed earth change.

(iv) The location and description for installing and removing all proposed temporary soil erosion and sediment control measures.

(v) A description and the location of all proposed permanent soil erosion and sediment control measures.

(vi) A program proposal for the continued maintenance of all permanent soil erosion and sediment control measures that remain after project completion, including the designation of the person responsible for the maintenance. Maintenance responsibilities shall become a part of any sales or exchange agreement for the land on which the permanent soil erosion control measures are located.

**History**
- *History: 1979 AC; 1998 AACS.*

##### **Mich. Admin. Code R 323.1704** Permit requirements {#sec-r-323.1704 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.1704}

Rule 1704. (1) A landowner or designated agent who contracts for, allows, or engages in, an earth change in this state shall obtain a permit from the appropriate enforcing agency before commencing an earth change which disturbs 1 or more acres of land or which is within 500 feet of the water's edge of a lake or stream, unless exempted in R 323.1705.

(2) An earth change activity that does not require a permit under subrule (1) of this rule is not exempt from enforcement procedures under part 91 or these rules, if the activity exempted by subrule (1) of this rule causes or results in a violation of part 91 or these rules.

**History**
- *History: 1979 AC; 1998 AACS.*

##### **Mich. Admin. Code R 323.1705** Permit exemptions and waivers {#sec-r-323.1705 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.1705}

Rule 1705. (1) A permit is not required for any of the following:

(a) A beach nourishment project permitted under part 325 of Act No. 451 of the Public Acts of 1994, as amended, being § 324.32501 et seq. of the Michigan Compiled Laws.

(b) Normal road and driveway maintenance, such as grading or leveling, that does not increase the width or length of the road or driveway and that will not contribute sediment to lakes or streams.

(c) An earth change of a minor nature that is stabilized within 24 hours of the initial earth disturbance and that will not contribute sediment to lakes or streams.

(d) Installation of oil, gas, and mineral wells under permit from the supervisor of wells if the owner-operator is found by the supervisor of wells to be in compliance with the conditions of part 91.

(2) A county or local enforcing agency may grant a permit waiver for an earth change after receiving a signed affidavit from the landowner stating that the earth change will disturb less than 225 square feet and that the earth change will not contribute sediment to lakes or streams.

(3) Exemptions provided in subrules (1) and (2) of this rule shall not be construed as exemptions from enforcement procedures under part 91 or these rules, if the activities exempted by subrules (1) and (2) cause or result in a violation of part 91 or these rules.

**History**
- *History: 1979 AC; 1998 AACS.*

##### **Mich. Admin. Code R 323.1706** Application for permit {#sec-r-323.1706 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.1706}

Rule 1706. (1) A landowner or designated agent shall submit an application for a permit to the appropriate enforcing agency.

(2) A landowner or designated agent shall submit, with the application, a soil erosion and sedimentation control plan and any other document that the appropriate enforcing agency may require.

(3) The county or local enforcing agency shall provide an application requiring state prescribed information to an applicant.

(4) An authorized public agency is exempt from obtaining a permit from a county or local enforcing agency, but shall notify the county or local enforcing agency of each proposed earth change.

**History**
- *History: 1979 AC; 1998 AACS.*

##### **Mich. Admin. Code R 323.1707** Application review and permit procedures {#sec-r-323.1707 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.1707}

Rule 1707. (1) A person who is designated by the county or local enforcing agency who is trained in soil erosion and sedimentation control methods and techniques shall review and approve a soil erosion and sedimentation control plan.

(2) The appropriate enforcing agency shall approve, disapprove, or require modification of an application for an earth change permit within 30 calendar days following receipt of the application. The enforcing agency shall notify an applicant of by first-class mail. If an applicant is disapproved, then the enforcing agency shall advise the applicant by certified mail of its reasons for disapproval and conditions required for approval. The enforcing agency need not notify an applicant of approval or disapproval by mail if the applicant is given written approval or disapproval of the application in person. A permit given to the applicant either in person or by first-class mail constitutes approval.

(3) A permit that contains state prescribed information shall be used by each county or local enforcing agency and shall include any additional provisions required by the county or local enforcing agency. The permit shall be available at the site of the earth change for inspection.

(4) Upon a determination that a permit applicant has met all of the requirements of these rules, Part 91 and the local ordinance, if applicable, the appropriate enforcing agency shall issue a permit for the proposed earth change.

**History**
- *History: 1979 AC; 1998 AACS; 2007 AACS.*

##### **Mich. Admin. Code R 323.1708** Soil erosion and sedimentation control procedures and measures generally {#sec-r-323.1708 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.1708}

Rule 1708. A person who applies for an earth change permit shall incorporate the soil erosion and sedimentation control procedures and measures prescribed by R 323.1709 and R 323.1710 into the soil erosion and sedimentation control plan and shall apply the procedures and measures to all earth changes identified in the plan, unless the person preparing the plan shows, to the satisfaction of the appropriate enforcing agency, that altering the control procedures or measures or including other control procedures or measures will prevent accelerated soil erosion and sedimentation during the earth change.

**History**
- *History: 1979 AC; 1998 AACS.*

##### **Mich. Admin. Code R 323.1709** Earth change requirements: time; sediment removal; design, installation, and removal of temporary or permanent control measures {#sec-r-323.1709 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.1709}

Rule 1709. (1) A person shall design, construct, and complete an earth change in a manner that limits the exposed area of any disturbed land for the shortest possible period of time as determined by the county or local enforcing agency.

(2) A person shall remove sediment caused by accelerated soil erosion from runoff water before it leaves the site of the earth change.

(3) A person shall design a temporary or permanent control measure that is designed and constructed for the conveyance of water around, through, or from the earth change area to limit the water flow to a nonerosive velocity.

(4) A person shall install temporary soil erosion and sedimentation control measures before or upon commencement of the earth change activity and shall maintain the measures on a daily basis. A person shall remove temporary soil erosion and sedimentation control measures after permanent soil erosion measures are in place and the area is stabilized. A person shall stabilize the area with permanent soil erosion control measures under approved standards and specifications as prescribed by R 323.1710.

(5) A person shall complete permanent soil erosion control measures for all slopes, channels, ditches, or any disturbed land area within 5 calendar days after final grading or the final earth change has been completed. If it is not possible to permanently stabilize a disturbed area after an earth change has been completed or if significant earth change activity ceases, then a person shall maintain temporary soil erosion and sedimentation control measures until permanent soil erosion control measures are in place and the area is stabilized.

**History**
- *History: 1979 AC; 1998 AACS.*

##### **Mich. Admin. Code R 323.1710** Standards and specifications {#sec-r-323.1710 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.1710}

Rule 1710. A person shall complete all temporary and permanent erosion and sedimentation control measures according to the approved plan or operating procedures.

(1) A person shall install and maintain control measures in accordance with the standards and specifications of all of the following:

(a) The product manufacturer.

(b) The local conservation district.

(d) The Michigan department of transportation.

(e) The enforcing agency, if applicable and formally adopted.

(2) If a conflict exists between the standards and specifications, then the enforcing agency or authorized public agency shall determine which specifications are appropriate for the project.

**History**
- *History: 1979 AC; 1998 AACS.*

##### **Mich. Admin. Code R 323.1711** Building permits {#sec-r-323.1711 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.1711}

Rule 1711. (1) A local agency or general law township that issues building permits shall notify the county or local enforcing agency immediately upon receipt of an application for a building permit that requires an earth change which disturbs 1 or more acres or which is located within 500 feet of a lake or stream.

(2) A local agency or general law township shall not issue a building permit to a person engaged in an earth change if the change requires a permit under part 91 or these rules until the county or local enforcing agency has issued the required state-prescribed permit for the earth change.

**History**
- *History: 1979 AC; 1998 AACS.*

##### **Mich. Admin. Code R 323.1712** Enforcement {#sec-r-323.1712 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.1712}

Rule 1712. The county or local enforcing agency may issue a cease and desist order or revoke a permit upon its finding that there is a violation of part 91, these rules, or an approved local ordinance or a finding that there is a violation of a permit or an approved soil erosion and sedimentation control plan.

**History**
- *History: 1979 AC; 1998 AACS.*

##### **Mich. Admin. Code R 323.1713** Periodic review {#sec-r-323.1713 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.1713}

Rule 1713. The department shall conduct an ongoing comprehensive review and evaluation of all soil erosion and sedimentation control programs that operate under part 91 and these rules. The department shall notify county and local enforcing agencies and authorized public agencies as to the acceptability of their soil erosion and sedimentation control programs. The department shall make available a report of its findings of the review and evaluation of all enforcing agencies and authorized public agencies.

**History**
- *History: 1979 AC; 1998 AACS.*

##### **Mich. Admin. Code R 323.1714** Availability of documents {#sec-r-323.1714 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.1714}

Rule 1714. Copies of the local conservation district standards and specifications for soil erosion and sedimentation control, as referred to in R 323.1710, are available at each local conservation district office at a nominal cost. Copies of the department's standards are available from the water resources division's Lansing office. Department of transportation standards are available at the Lansing office for a fee. Information on other standards may be available from product manufacturers and the enforcing agencies.

**History**
- *History: 1979 AC; 1998 AACS; 2017 AACS.*

### **R 323.2101 to R 323.2197** Water Resources Protection -- Part 21. Wastewater Discharge Permits

##### **Mich. Admin. Code R 323.2101** Purpose {#sec-r-323.2101 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2101}

DEPARTMENT OF ENVIRONMENTAL QUALITY

WATER BUREAU

WATER RESOURCES PROTECTION

(By authority conferred on the department of environmental quality by sections 3103 and 3106 of 1994 PA 451, MCL 324.3103 and 324.3106)

PART 21. WASTEWATER DISCHARGE PERMITS

Rule 2101. (1) These rules are being processed to implement the 1972 amendments to part 31 of the act which authorized the initiation of a waste or waste effluent discharge permit system compatible with the national pollutant discharge elimination system (NPDES). The NPDES has been initiated by the federal Congress through the enactment of the federal water pollution control act amendments of 1972, (33 U.S.C. §1251 et seq.).

In general, the rules outline all of the following:

(a) The procedures by which all persons discharging wastes into the waters of the state shall apply for waste or waste effluent discharge permits as required by part 31 of the act.

(b) Exceptions to procedural requirements.

(d) Procedures by which permits are issued or denied by the department.

(e) Appeals procedures.

(f) Permit conditions and monitoring of waste or wastewater discharges.

(2) The promulgation of these rules, in association with part 31 of the act, provides sufficient authority to the state, upon approval by the United States environmental protection agency, to issue permits for waste or wastewater discharges under the NPDES pursuant to section 402(b) of the United States Public Law 92-500 (33 U.S.C. §1251 et seq.). The department is the state agency designated by state law to administer this program.

**History**
- *History: 1979 AC; 2003 AACS.*

##### **Mich. Admin. Code R 323.2102** Definitions; A to F {#sec-r-323.2102 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2102}

Rule 2102. As used in this part:

(a) "Act" means 1994 PA 451, MCL 324.3101 et seq., and the rules promulgated under the act.

(b) "Animal feeding operation (AFO)" means a lot or facility, other than an aquatic animal production facility, where the animals, other than aquatic animals, have been, are, or will be stabled or confined and fed or maintained for a total of 45 days or more in any 12-month period, and crops, vegetation, forage growth, or post-harvest residues are not sustained in the normal growing season over any portion of the lot or facility.

(c) "Applicant" means a person who applies to the department for a state or national permit to discharge waste or wastewaters into the waters of the state by an NPDES application form or a state permit application form.

(d) "Application" means either the uniform national NPDES application form, including subsequent additions, revisions, or modifications thereof, promulgated by the administrator of EPA and adopted for use by the department or a state permit application form for applying for a permit.

(e) "Approved control plan" means the plan which is prepared by an authorized public agency, which is approved by the department pursuant to the provisions of section 9110 of part 91 of the act, and which contains the soil erosion and sedimentation control procedures that govern all construction activities normally undertaken by the authorized public agency.

(f) "Authorized public agency" means a state, local, or county agency that is designated pursuant to the provisions of section 9110 of part 91 of the act to implement soil erosion and sedimentation control requirements with regard to construction activities undertaken by the agency.

(g) "Authorized representative" means a person who has written authorization from the construction permittee to sign the notice of coverage in the name of the construction permittee.

(h) "Certified storm water operator" means an individual who has been certified by the department pursuant to the provisions of section 3110 of part 31 of the act as properly qualified to operate treatment or control facilities for storm water discharges.

(i) "Concentrated animal feeding operation (CAFO)" means an AFO that is defined as a large CAFO or a medium CAFO, or that is designated by the department under R 323.2196(3) as a medium CAFO or a small CAFO. Two or more AFOs under common ownership are considered to be a single AFO for the purposes of determining the number of animals at an operation, if they adjoin each other or if they use a common area or system for the disposal of wastes.

(j) "CAFO process wastewater" means water directly or indirectly used in the operation of a CAFO for any of the following:

(i) Spillage or overflow from animal or poultry watering systems.

(ii) Washing, cleaning, or flushing pens, barns, manure pits, or other AFO facilities.

(iii) Direct contact swimming, washing, or spray cooling of animals.

(iv) Dust control.

(v) Any water which comes into contact with, or is a constituent of, any raw materials, products, or byproducts including manure, litter, feed, milk, eggs, or bedding.

(k) "Construction activity" means a man-made earth change or disturbance in the existing cover or topography of land for which a national permit is required pursuant to the provisions of 40 C.F.R. §122.26(a) (2000) and which is any of the following:

(i) Five acres or more in size and defined as a construction activity pursuant to the provisions of 40 C.F.R. §122.26(b)(14)(x) (2000).

(ii) One acre or more in size and defined as a small construction activity pursuant to the provisions of 40 C.F.R. §122.26(b)(15) (2000).

(iii) Less than 1 acre of total land area that is part of a larger common plan of development or sale if the larger common plan will ultimately disturb 1 acre or more. The term includes clearing, grading, and excavating activities. The term does not include the practices of clearing, plowing, and tilling soil and harvesting for the purpose of crop production.

(l) "Construction permittee" means a person who is deemed to have a national permit pursuant to the provisions of R 323.2190 and who owns or holds a recorded easement on the property where a construction activity is located, is constructing in a public right-ofway in accordance with the provisions of sections 13, 14, 15, and 16 of 1925 PA 368, MCL 247.183, 247.184, 247.185, and 247.186, or is the authorized public agency if a construction activity is carried out by the authorized public agency.

(m) "Department" means the director of the department of environmental quality or his or her designee to whom the director delegates a power or duty by written instrument.

(n) "Discharge" means any direct or indirect discharge of any waste, waste effluent, wastewater, pollutant, or any combination thereof into any of the waters of the state or upon the ground.

(o) "Discharger" means any person who discharges, directly or indirectly, any substance defined by section 3109 of part 31 of the act, any treated or untreated waste, waste effluent, wastewater, or pollutant; or cooling waters into any of the waters of the state or upon the ground.

(p) "Draft permit" means a draft of a permit which is proposed to be issued by the department, which is prepared by staff of the department before public notice of an application for a permit by a discharger, and which contains proposed effluent standards and limitations, proposed compliance schedules, and other proposed conditions or restrictions deemed necessary by the department for a discharge.

(q) "Effluent standards and limitations" means all state or federal effluent standards and limitations on quantities, rates, and concentrations of chemical, physical, biological, and other constituents to which a waste or wastewater discharge may be subject under the federal act or part 31 of the act, including all of the following:

(i) Effluent limitations.

(ii) Standards of performance.

(iii) Toxic effluent standards and prohibitions.

(iv) Pretreatment standards.

(v) Schedules of compliance.

(r) "EPA" means the United States environmental protection agency.

(s) "Fact sheet" means a description of a discharge which is available to the public, which is prepared by the department pursuant to the guidelines, and which includes all of the following information:

(i) Information on the location of the discharge.

(ii) Rate or frequency of the discharge.

(iii) Components of the discharge.

(iv) Proposed determinations of the department regarding the discharge.

(v) The location and identification of uses of the receiving waters.

(vi) Water quality standards and procedures for formulation of final determinations on the discharge by the department.

(t) "Federal act" means the federal water pollution control act, commonly referred to as the clean water act, Public Law 92-500, as amended by Public Law 95-217, Public Law 95-576, Public Law 96-483, Public Law 97-1171, and Public Law 100-4, 33 U.S.C. §1251 et seq., and the rules and regulations promulgated thereunder.

**History**
- *History: 1979 AC; 1985 AACS; 1992 AACS; 2003 AACS; 2005 AACS.*

##### **Mich. Admin. Code R 323.2103** Definitions; G to O {#sec-r-323.2103 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2103}

Rule 2103. As used in this part:

(a) "General permit" means a national permit issued authorizing a category of similar discharges.

(b) "Guidelines," unless otherwise noted, means the federal guidelines promulgated by the USEPA entitled "Part 124 - Procedures for Decision making," 40 C.F.R. §124 (2004).

(c) "Illicit connection" means a physical connection to a separate storm sewer that primarily conveys non-storm water discharges other than uncontaminated groundwater into the storm sewer; or a physical connection not authorized or permitted by the local authority, where a local authority requires authorization or a permit for physical connections.

(d) "Illicit discharge" means any discharge to, or seepage into, a separate storm sewer that is not composed entirely of storm water or uncontaminated groundwater. Illicit discharges include non-storm water discharges through pipes or other physical connections; dumping of motor vehicle fluids, household hazardous wastes, domestic animal wastes, or litter; collection and intentional dumping of grass clippings or leaf litter; or unauthorized discharges of sewage, industrial waste, restaurant wastes, or any other non-storm water waste directly into a separate storm sewer.

(e) "Industry" means a private person, corporation, firm, plant, or establishment that directly or indirectly discharges waste or wastewater into the waters of the state.

(f) "Land application area" specifically for CAFOs means land under the control of an AFO owner or operator, whether it is owned, rented, leased, or subject to an access agreement to which production area waste or CAFO process wastewater is or may be applied. Land application area includes land not owned by the AFO owner or operator but the AFO owner or operator has control of the land application of production area waste or CAFO process wastewater.

(g) "Large CAFO" is an AFO that stables or confines as many as or more than the numbers of animals specified in any of the following categories:

(i) 700 mature dairy cows, whether milked or dry.

(ii) 1,000 veal calves.

(iii) 1,000 cattle other than mature dairy cows or veal calves. Cattle includes heifers, steers, bulls, and cow/calf pairs.

(iv) 2,500 swine each weighing 55 pounds or more.

(v) 10,000 swine each weighing less than 55 pounds.

(vi) 500 horses.

(vii) 10,000 sheep or lambs.

(viii) 55,000 turkeys.

(ix) 30,000 laying hens or broilers, if the AFO uses a liquid manure handling system.

(x) 125,000 chickens (other than laying hens), if the AFO uses other than a liquid manure handling system.

(xi) 82,000 laying hens, if the AFO uses other than a liquid manure handling system.

(xii) 30,000 ducks, if the AFO uses other than a liquid manure handling system.

(xiii) 5,000 ducks, if the AFO uses a liquid manure handling system.

(h) "Local limit" means a specific prohibition or limit on discharges of pollutants or pollutant parameters by a nondomestic source to a POTW that are set by a POTW in accordance with an approved pretreatment program.

(i) "Mailing list" means a permanent list of persons who request notification and information on public hearings, permits, and other NPDES forms that is prepared and maintained by the department pursuant to the guidelines, these rules, and 1969 PA 306, MCL 24.201 et seq.

(j) "Management agency" means an area-wide waste treatment management agency that is designated by the governor pursuant to the provisions of section 208(a) of the federal act.

(k) "Manure" includes manure, bedding, compost, and raw materials or other materials commingled with manure or set aside for disposal.

(l) "Maximum extent practicable" or "MEP" means implementation of best management practices by a public body to comply with an approved storm water management program as required in a national permit for a municipal separate storm sewer system, in a manner that is environmentally beneficial, technically feasible, and within the public body's legal authority.

(m) "Medium CAFO" is defined as the following:

(i) Is an AFO that stables or confines the numbers of animals specified in any of the categories listed in subdivision (ii) of this subrule, and any of the following are met:

(A) Has been designated by the department as a CAFO under R 323.2196(3).

(B) Pollutants are discharged from the production area into waters of the state through a manmade ditch, pipe, tile, swale, flushing system, or other similar manmade conveyance.

(C) Pollutants are discharged directly into waters of the state from the production area which originate outside of and pass over, across, or through the facility or that otherwise come into direct contact with the animals confined in the operation.

(ii) Includes the following number and type of animals:

(A) 200 to 699 mature dairy cows, whether milked or dry.

(B) 300 to 999 veal calves.

(C) 300 to 999 cattle other than mature dairy cows or veal calves. Cattle includes heifers, steers, bulls, and cow/calf pairs.

(D) 750 to 2,499 swine each weighing 55 pounds or more.

(E) 3,000 to 9,999 swine each weighing less than 55 pounds.

(F) 150 to 499 horses.

(G) 3,000 to 9,999 sheep or lambs.

(H) 16,500 to 54,999 turkeys.

(I) 9,000 to 29,999 laying hens or broilers, if the AFO uses a liquid manure handling system.

(J) 37,500 to 124,999 chickens (other than laying hens), if the AFO uses other than a liquid manure handling system.

(K) 25,000 to 81,999 laying hens, if the AFO uses other than a liquid manure handling system.

(L) 10,000 to 29,999 ducks, if the AFO uses other than a liquid manure handling system.

(M) 1,500 to 4,999 ducks, if the AFO uses a liquid manure handling system.

(n) "Minor discharge" means a discharge of wastewater which has a total volume of less than 50,000 gallons on every day of the year, which does not affect the waters of another state, and which is not identified by the department, the regional administrator, or by the administrator of the USEPA, in regulations issued by him or her pursuant to the provisions of section 307(a) of the federal act, as a discharge which is not a minor discharge, except that a discharge is not a minor discharge if there is a discharge of less than 50,000 gallons on any day of the year which represents 1 of 2 or more discharges from a single person, municipality, or industry that, in total, is more than 50,000 gallons on any day of the year.

(o) "Municipal separate storm sewer system" or "MS4" means all separate storm sewers that are owned or operated by the United States, a state, city, village, township, county, district, association, or other public body created by or pursuant to state law, having jurisdiction over disposal of sewage, industrial wastes, storm water, or other wastes, including special districts under state law, such as a sewer district, flood control district, or drainage district, or similar entity, or a designated or approved management agency under section 208 of the federal act that discharges to waters of the state. This term includes systems similar to separate storm sewer systems in municipalities, such as systems at military bases, large hospital or prison complexes, and highways and other thoroughfares.

The term does not include separate storm sewers in very discrete areas, such as individual buildings.

(p) "National permit" means an NPDES permit, or equivalent document or requirements, issued by the department to a discharger pursuant to sections 3106 and 3112 of part 31 of the act for discharges into surface waters.

(q) "New source" means a building, structure, facility, or installation from which waste, pollutants, or wastewater is or may be discharged into the surface or groundwaters of the state or on the ground and for which construction was commenced after publication of proposed regulations by the USEPA prescribing a standard of performance pursuant to the provisions of section 306(a) of the federal act that will be applicable to the source if the standard is thereafter promulgated in accordance with the provisions of section 306 of the federal act.

(r) "Noncompliance list" means a list of dischargers, which is prepared by the department pursuant to these rules and the guidelines for transmittal to the regional administrator, who fail or refuse to comply with a compliance schedule in a permit issued pursuant to part 31 of the act.

(s) "Nondomestic source" or "source of nondomestic wastewater" means an industry, commercial establishment, or other entity that discharges wastewater to a publicly owned treatment works other than, or in addition to, water-carried wastes from toilet, kitchen, laundry, bathing, or other facilities that are used for household purposes.

(t) "NPDES" means the national pollutant discharge elimination system established by the federal act.

(u) "NPDES form" means any issued permit and any uniform national form which is used by the department, which is developed for use in the NPDES, and which is prescribed in regulations promulgated by the administrator of the USEPA, including an NPDES application and a reporting form.

(v) "On-site disposal system" means a natural system or mechanical device used to collect, treat and discharge, or reclaim wastewater from 1 or more dwelling units without the use of community-wide sewers or a centralized treatment facility.

**History**
- *History: 1979 AC; 1985 AACS; 1992 AACS; 2003 AACS; 2005 AACS; 2006 AACS.*

##### **Mich. Admin. Code R 323.2104** Definitions; P to W {#sec-r-323.2104 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2104}

Rule 2104. As used in this part:

(a) "Part 91 permitting entity" means an agency that is designated by a county board of commissioners pursuant to the provisions of section 9105 of part 91 of the act; an agency that is designated by a city, village, or township in accordance with the provisions of section 9106 of part 91 of the act; or the department if the construction activity is under the jurisdiction of 2 or more municipal or county enforcing agencies; or the department for soil erosion and sedimentation activities under part 615 or part 631 pursuant to the provisions of section 9115 of part 91 of the act.

(b) "Person" means an individual, partnership, association, corporation, industry, or public body.

(c) "Point source discharge" means a discharge that is released to the waters of the state by a discernible, confined, and discrete conveyance, including any of the following from which wastewater is or may be discharged:

(i) A pipe.

(ii) A ditch.

(iii) A channel.

(iv) A tunnel.

(v) A conduit.

(vi) A well.

(vii) A discrete fissure.

(viii) A container.

(ix) A concentrated animal feeding operation.

(x) A vessel or other floating craft.

The term does not include a legally established county or intercounty drain, except for a county or intercounty drain that has a POTW designated as part of the drain or a discharge otherwise required to be authorized by a national permit.

(d) "Production area" means that part of an AFO that includes animal confinement area, manure storage area, raw materials storage area, and waste containment areas. The animal confinement area includes open lots, housed lots, feedlots, confinement houses, stall barns, free stall barns, milk rooms, milking centers, cow yards, barnyards, medication pens, walkers, animal walkways, and stables. The manure storage area includes lagoons, runoff ponds, storage sheds, stockpiles, under-house or pit storages, liquid impoundments, static piles, and composting piles. The raw materials storage area includes feed silos, silage bunkers, and bedding materials. The waste containment area includes settling basins and areas within berms and diversions which separate uncontaminated storm water. Also included is any egg washing or egg processing facility, and any area used in the storage, handling, treatment, or disposal of mortalities.

(e) "Production area waste" means manure and any waste from the production area and any precipitation, for example, rain or snow, which comes into contact with, or is contaminated by, manure or any of the components listed in the definition for "production area." Production area waste does not include water from land application areas.

(f) "Public body" means the United States, the state of Michigan, city, village, township, county, school district, public college or university, single purpose governmental agency; or any other body which is created by federal or state statute or law.

(g) "Publicly owned treatment works" or "POTW" means either of the following:

(i) A facility or facilities which are owned by a governmental entity and which are used or intended to be used for the collection and treatment of municipal wastewater, including sewage, liquid industrial waste, and storm water.

(ii) The owner or owners of a facility or facilities specified in paragraph (i) of this subdivision.

(h) "Regional administrator" means the USEPA region V administrator.

(i) "Regulated MS4" means an MS4 that is required to have a national permit to discharge storm water into surface waters of the state pursuant to R 323.2161(c), (d), (e), or (f).

(j) "Regulated pollutants" means all of the following:

(i) Pollutants that are limited by categorical pretreatment standards as defined in R 323.2302(q).

(ii) Pollutants for which control measures on nondomestic sources are necessary to avoid noncompliance with effluent limitations established in the POTW's discharge permit.

(iii) Pollutants for which control measures on nondomestic sources are necessary to avoid restricting the POTW's approved residuals management program.

(iv) Pollutants for which control measures on nondomestic sources are necessary to avoid operational problems at the treatment facility or collection system.

(k) "Reporting form" means the uniform NPDES reporting form, including subsequent additions, revisions, or modifications thereof, which is promulgated by the administrator of the USEPA and which is adopted by the department for use in administering these rules, or a state form that is prescribed by the department for use in administering these rules, for reporting data and information to the department by a discharger on monitoring and other conditions of permits.

(l) "Runoff coefficient" means the fraction of total rainfall that will appear at a conveyance as runoff.

(m) "Separate storm sewer system" means a system of drainage, including, but not limited to, roads, catch basins, curbs, gutters, parking lots, ditches, conduits, pumping devices, or man-made channels, which has the following characteristics:

(i) The system is not a combined sewer where storm water mixes with sanitary wastes.

(ii) The system is not part of a publicly owned treatment works (POTW).

(n) "Site" means the area where a construction activity is physically located or conducted, including adjacent land that is used in connection with the construction activity.

(o) "Small CAFO" means an AFO that is designated a CAFO by the department under R 323.2196(3) and is not a medium CAFO.

(p) "Soil erosion and sedimentation control permit" means a permit that is issued pursuant to the provisions of part 91 of the act by a part 91 permitting entity.

(q) "Soil erosion control measures" means the measures or procedures to prevent or reduce the pollution of waters of the state that are required in the soil erosion and sedimentation control permit for the site or the selected control measures from the approved control plan that are applicable to the site.

(r) "Stabilization of earth change activity" means the proper placement, grading, or covering of soil or rock at a construction activity to ensure subsequent resistance to soil erosion, sliding, or other earth movement.

(s) "State permit" means a permit or equivalent document or requirements that are issued by the department to a discharger who discharges wastewater on the ground or into groundwaters.

(t) "Storm water" means storm water runoff, snow melt runoff, and surface runoff and drainage.

(u) "Storm water discharge associated with industrial activity" means the discharge from any conveyance that is used for collecting and conveying storm water and that is directly related to manufacturing, processing, or raw materials storage areas at an industrial plant.

The term does not include discharges from facilities or activities excluded from the national permits program under 40 C.F.R. §122.3 and §122.27 (2000). For the categories of industries identified in this subdivision, the term includes, but is not limited to, storm water discharges from all of the following:

(i) Industrial plant yards.

(ii) Immediate access roads and rail lines used or traveled by carriers of raw materials, manufactured products, waste material, or by-products used or created by the facility.

(iii) Material handling sites. For the purposes of this paragraph, material handling activities include storage, loading and unloading, transportation, or conveyance of any raw material, intermediate product, final product, by-product, or waste product.

(iv) Refuse sites.

(v) Sites used for the application or disposal of process waste waters, as defined at 40 C.F.R. §401.11 (2000).

(vi) Sites used for the storage and maintenance of material handling equipment.

(vii) Sites used for residual treatment, storage, or disposal.

(viii) Shipping and receiving areas.

(ix) Manufacturing buildings.

(x) Storage areas, including tank farms, for raw materials and intermediate and final products.

(xi) Areas where industrial activity has taken place in the past and significant materials remain and are exposed to storm water.

(xii) The term excludes areas located on plant lands separate from the plant's industrial activities, such as office buildings and accompanying parking lots as long as the drainage from the excluded areas is not mixed with storm water drained from the areas described in this paragraph.

(xiii) Industrial facilities include facilities that are federally, state, or municipally owned or operated that meet the description of the facilities listed in the following paragraphs and those facilities designated by the department under the provisions of R 323.2161(1)(f). The following categories of facilities are considered to be engaging in "industrial activity" for purposes of this subdivision:

(A) Facilities subject to EPA promulgated storm water effluent limitations guidelines, new source performance standards, or toxic pollutant effluent standards, except facilities that have toxic pollutant effluent standards which are exempted under paragraph (J) of this subdivision.

(B) Facilities classified as standard industrial classifications 24, except 2434; 26, except 265 and 267;28, except 283; 29; 311; 32, except 323; 33; 3441; and 373.

(C) Facilities classified as standard industrial classifications 10 through 14, mineral industry, including active or inactive mining operations, except for areas of non-coal mining operations which were released from applicable state or federal reclamation requirements after December 17, 1990, and oil and gas exploration, production, processing, or treatment operations, or transmission facilities that discharge storm water contaminated by contact with, or that has come into contact with, any overburden, raw material, intermediate products, finished products, byproducts, or waste products located on the site of operations. Inactive mining operations are mining sites which are not being actively mined, but which have an identifiable owner/operator. Inactive mining sites do not include sites where mining claims are being maintained before disturbances associated with the extraction, beneficiation, or processing of mined materials and do not include sites where minimal activities are undertaken for the sole purpose of maintaining a mining claim.

(D) Hazardous waste treatment, storage, or disposal facilities, including those that are operating under interim status or a permit under subtitle c of the federal resource conservation and recovery act.

(E) Landfills, land application sites, and open dumps that receive or have received any industrial wastes, waste that is received from any of the facilities described under this subdivision, including those that are subject to regulation under subtitle D of the federal resource conservation and recovery act.

(F) Facilities involved in the recycling of materials, including metal scrap yards, battery reclaimers, salvage yards, and automobile junkyards, which are classified as standard industrial classification 5015 and 5093.

(G) Steam electric power generating facilities, including coal handling sites.

(H) Transportation facilities classified as standard industrial classifications 40; 41; 42, except 4221 to 25; 43; 44; 45; and 5171 which have vehicle maintenance shops, equipment cleaning operations, or airport deicing operations. Only those portions of the facility that are either involved in vehicle maintenance, including vehicle rehabilitation, mechanical repairs, painting, fueling, and lubrication; equipment cleaning operations, airport deicing operations, or which are otherwise identified under paragraphs (i) to (vii), (ix), or (x) of this subdivision are associated with industrial activity.

(I) Treatment works treating domestic sewage or any other sewage sludge or wastewater treatment device or system, used in the storage, treatment, recycling, and reclamation of municipal or domestic sewage, including land dedicated to the disposal of sewage sludge that is located within the confines of the facility, provided the system has a design flow of 1.0 million gallons per day or more, or is required to have an approved federal pretreatment program under 40 C.F.R., part 403 (2000). Not included are farm lands, domestic gardens, or lands used for sludge management where sludge is beneficially reused and which are not physically located in the confines of the facility, or areas that are in compliance with section 405 of the federal act.

(J) Facilities under standard industrial classifications 20; 21; 22; 23; 2434; 25; 265; 267; 27; 283; 285; 30; 31, except 311; 323; 34, except 3441; 35; 36; 37, except 373; 38; 39; and 4221 to 25.

(v) "Total maximum daily load" or "TMDL" means a written, quantitative plan and analysis for attaining and maintaining water quality standards in all seasons for a specific water body and pollutant.

(w) "Trade secret" means the whole or any portion or phase of any manufacturing proprietary process or method which is not patented, which is secret, which is useful in compounding an article of trade that has a commercial value, and the secrecy of which the owner has taken reasonable measures to prevent from becoming available to persons other than those selected by the owner to have access thereto for limited purposes. "Trade secret" shall not be construed, for purposes of these rules, to include any information relative to the quantum and character of waste products or their constituents discharged or sought to be discharged into waters of this state.

(x) "Urbanized area" means a place and the adjacent densely populated territory that together have a minimum population of 50,000 people, as defined by the United States bureau of the census and as determined by the latest available decennial census.

(y) "Urbanizing area" means an area of contiguous census blocks with population densities of 1,000 persons or more per square mile that together have a population of 10,000 people or more, as determined by the latest available decennial census.

(z) "Vessel" means any contrivance that is used or capable of being used for navigation upon water, whether or not the contrivance is capable of self-propulsion, including any of the following:

(i) Foreign and domestic vessels that are engaged in commerce upon the waters of the state.

(ii) Passenger or other cargo-carrying vessels.

(iii) Privately owned recreational watercraft.

(iv) Any other floating craft.

(aa) "Waste" means any waste, wastewater, waste effluent, or pollutant that is discharged into water, including any of the following:

(i) Dredged spoil.

(ii) Solid waste.

(iii) Incinerator residue.

(iv) Sewage.

(v) Garbage.

(vi) Sewage sludge.

(vii) Munitions.

(viii) Chemical wastes.

(ix) Biological materials.

(x) Radioactive materials.

(xi) Heat.

(xii) Wrecked or discarded equipment.

(xiii) Rock.

(xiv) Sand.

(xv) Cellar dirt.

(xvi) Industrial, municipal, and agricultural waste.

(bb) "Wastewater" means liquid waste discharges directly or indirectly into the waters of the state that result from industrial and commercial processes and municipal operations, including liquid or water-carried process waste, cooling and condensing waters, and sanitary sewage.

(cc) "Water quality standards" means the part 4 water quality standards promulgated pursuant to part 31 of 1994 PA 451, as amended, being R 323.1041 to 323.1117 of the Michigan administrative code.

**History**
- *History: 1979 AC; 1985 AACS; 1992 AACS; 2003 AACS; 2005 AACS; 2006 AACS.*

##### **Mich. Admin. Code R 323.2106** Permit requirements of dischargers {#sec-r-323.2106 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2106}

Rule 2106. (1) A person discharging wastes into the surface or groundwaters of the state or on the ground as a point source discharge, whether or not in compliance with an outstanding order of determination, final order of determination, or stipulation with the department, shall promptly make application for and obtain from the department a valid national or state permit pursuant to section 3112 or 3113 of part 31 of the act and according to procedures and deadlines set forth in these rules.

(2) A person proposing a waste or wastewater discharge to the surface or groundwaters of the state shall apply not less than 180 days before commencement of the discharge or any other time period before commencement of the discharge as determined and required by the department, for a national or state permit on an appropriate application form supplied by or approved by the department.

(3) A person discharging wastes into surface waters of the state shall apply to the department for a national permit. A person discharging wastes on the ground or into groundwaters shall apply to the department for a state permit. The procedures, forms, and deadlines required by these rules shall apply to applications for either national or state permits.

**History**
- *History: 1979 AC; 2003 AACS.*

##### **Mich. Admin. Code R 323.2108** Permits; application and filing procedures {#sec-r-323.2108 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2108}

Rule 2108. (1) An application for a permit shall be completed in accordance with and subject to guidelines in 40 C.F.R. §122.21 (2005).

(2) A person discharging waste or wastewater from more than 1 location shall file a separate application for each discharge location. A single application may be filed for multiple outfalls discharging from a single location, except that the discharge from each outfall shall be described separately in the application.

**History**
- *History: 1979 AC; 2003 AACS; 2005 AACS; 2006 AACS.*

##### **Mich. Admin. Code R 323.2109** Permits; application exemptions {#sec-r-323.2109 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2109}

Rule 2109. A person who discharges or proposes to discharge the following types of waste or wastewater shall not be required to apply for a permit from the department pursuant to part 31 of the act or these rules:

(a) Human sewage that is discharged from vessels.

(b) Water, gas, and other materials that are injected into a well to facilitate the production of oil or gas, or water that is derived in association with oil or gas production and disposed of in a well if authorized by the state supervisor of wells.

(c) A discharge that is directed solely to a publicly owned treatment works, but not from a publicly owned treatment works.

(d) Point source discharges of storm water, unless a person is required to apply for a national permit pursuant to R 323.2161 or R 323.2196.

**History**
- *History: 1979 AC; 1992 AACS; 2003 AACS; 2005 AACS.*

##### **Mich. Admin. Code R 323.2111** Rescinded {#sec-r-323.2111 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2111}

**History**
- *History: 1979 AC; 2003 AACS.*

##### **Mich. Admin. Code R 323.2112** Permit applications; deficiencies; additional data requirements {#sec-r-323.2112 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2112}

Rule 2112. (1) The department, at its discretion or upon request of the regional administrator, may request of an applicant any additional information deemed necessary to complete or correct deficiencies in the application before processing the application or issuing or denying the issuance of a permit. A national permit or state permit shall not be issued by the department until an application is complete or any further information requested by the department is supplied.

(2) The department shall take proper enforcement action as prescribed by part 31 of the act against any person who fails to file a complete application, if deficiencies are not corrected or incomplete information is not supplied within 60 days to the department following its request by the applicant.

**History**
- *History: 1979 AC; 2003 AACS.*

##### **Mich. Admin. Code R 323.2114** Permit applications and other NPDES forms; valid signatories {#sec-r-323.2114 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2114}

Rule 2114. A state or national permit application form or any other NPDES form submitted to the department pursuant to these rules shall be signed as follows:

(a) For a corporation, by a principal executive officer of at least the level of vice president, or his or her designated representative, if the representative is responsible for the overall operation of the facility from which the discharge described in the permit application or other NPDES form originates.

(b) For a partnership, by a general partner.

(d) For a municipal, state, or other public facility, by either a principal executive officer, the mayor, village president, city, or village manager, or other duly authorized employee.

**History**
- *History: 1979 AC; 2003 AACS.*

##### **Mich. Admin. Code R 323.2115** Permits; tentative determinations and draft permits {#sec-r-323.2115 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2115}

Rule 2115. (1) Before public notice pursuant to R 323.2117 of a national or state permit application and when the department is satisfied that the application is complete, the staff of the department shall make preliminary determinations on the application, including a proposed determination to issue or deny a state or national permit for the discharge described in the application.

(2) If the proposed determination is to issue a state or national permit, then all of the following additional tentative determinations shall be made:

(a) Proposed effluent limitations shall be identified for the constituents proposed to be limited.

(b) A proposed schedule of compliance for meeting the proposed effluent limitations, including interim dates and requirements, if applicable.

(c) A description of any other proposed restrictions or other conditions determined necessary by the department which will significantly affect the discharge described in the application, including pretreatment standards for discharges into publicly owned treatment works.

(3) The department shall prepare a draft permit based upon the tentative determinations made pursuant to subrules (1) and (2) of this rule for the national or state permit application.

The draft permit shall be mailed to the applicant and, in the case of a national permit, to the regional administrator before public notice of the application.

**History**
- *History: 1979 AC; 2003 AACS.*

##### **Mich. Admin. Code R 323.2117** Public notice of permit application and preliminary determinations {#sec-r-323.2117 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2117}

Rule 2117. (1) The department shall prepare and sign a public notice of an application for a national permit, or a state permit as deemed appropriate by the department, and of the proposed determination to issue or deny a permit for the proposed or existing discharge identified in the application. The notice shall be circulated within the geographical area of the proposed or existing discharge in 1 or more of the following ways:

(a) Posting of the notice in the post office or other public buildings of the municipality nearest the premises of the applicant in which the discharge is or will be located.

(b) Posting of the notice at the entrance to the applicant's premises or nearby.

(c) Publishing the notice in 1 or more newspapers of general circulation in the area of the applicant, or if appropriate, in an applicable periodical.

(2) A copy of the notice shall be transmitted to the permit applicant and shall be available at the department office in Lansing and at the department district office nearest to the geographical location of the applicant. Any person may make a written request for a copy of the notice which will be mailed to him or her.

**History**
- *History: 1979 AC; 2003 AACS.*

##### **Mich. Admin. Code R 323.2118** Public notice; contents and information {#sec-r-323.2118 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2118}

Rule 2118. A public notice of a state or national permit application shall contain all of the following information:

(a) The date of posting or publication of the public notice.

(b) The address and telephone number of the department office in Lansing and the department district office nearest to the geographical location of the applicant.

(d) A concise description of the applicant's activities and operations which result in the discharge identified in the permit application.

(e) The name of the waterway to which the discharge is made or is proposed to be made, including the location of the proposed or existing discharge identified in the application.

(f) A statement of the department's tentative determination to issue or deny the permit for the discharge identified in the application.

(g) A concise description of the procedures for the formulation of final determinations including information on the comment period prescribed in R 323.2119 or other means by which interested persons may comment on the tentative determinations.

(h) The address and telephone number of the department office where more information on the application may be obtained or where copies of the draft permit prepared pursuant to R 323.2115 and fact sheets may be obtained and any other applicable NPDES forms and related documents may be inspected or copied.

**History**
- *History: 1979 AC; 2003 AACS.*

##### **Mich. Admin. Code R 323.2119** Public notice; comment period for interested persons {#sec-r-323.2119 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2119}

Rule 2119. (1) Up to 30 days following the date of posting or publication of the public notice pursuant to R 323.2117, an interested person may submit his or her views in writing on the application or department tentative determinations, or both, to the department. The time for public comment may be extended by the department if it determines that an extension of time is necessary to facilitate additional public comment.

(2) All views submitted to the department in writing by interested persons during the comment period shall be retained and considered in the formulation of final determinations by the department on the permit application.

**History**
- *History: 1979 AC; 2003 AACS.*

##### **Mich. Admin. Code R 323.2121** Fact sheets on permit applications {#sec-r-323.2121 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2121}

Rule 2121. (1) For each state or national permit application which identifies an existing or proposed discharge of 500,000 gallons or more for any day of the year, the department shall prepare and make available a fact sheet with respect to the application described in the public notice, which shall contain information prescribed by R 323.2122.

(2) The department may prepare a fact sheet for any existing or proposed discharge identified in an application of less than 500,000 gallons for any day of the year, if it deems the discharge is of significant importance to warrant additional information for public comment.

(3) A copy of the fact sheet shall be available at the department office in Lansing and at the department district office nearest to the geographical location of the applicant. Any person may request in writing a copy of the fact sheet which will be mailed to him or her.

**History**
- *History: 1979 AC; 2003 AACS.*

##### **Mich. Admin. Code R 323.2122** Fact sheets on permit applications; contents and information {#sec-r-323.2122 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2122}

Rule 2122. The fact sheet prepared pursuant to R 323.2121 shall contain, but is not limited to, all of the following information:

(a) A sketch or detailed description of the location of the existing or proposed discharge described in the permit application.

(b) A quantitative description of the existing or proposed discharge including, but not limited to, all of the following information:

(i) Its rate or frequency or average daily flow.

(ii) Its summer and winter temperatures in degrees Fahrenheit and mixing zone information.

(iii) If the discharge is a thermal discharge subject to limitation under the federal act.

(iv) Its average daily discharge in pounds per day of any pollutants or other constituents subject to limitation under part 31 of the act or the federal act or rules or regulations promulgated thereunder.

(d) A concise citation of water quality standards, effluent limitations and standards, and mixing zones, if applicable, to be applied to the discharge, and the uses for which the receiving waters have been classified.

(e) A complete description of the procedures used by the department to formulate final determinations on the application and existing or proposed discharges, including the 30day comment period on the public notice, procedures for requesting a public hearing on the application pursuant to R 323.2130 and other procedures to facilitate public comment and participation in the formulation of final determinations by the department.

**History**
- *History: 1979 AC; 2003 AACS.*

##### **Mich. Admin. Code R 323.2124** Public notices and fact sheets; mailing lists {#sec-r-323.2124 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2124}

Rule 2124. (1) An interested person who desires to receive copies of all public notices or fact sheets, or both, on state or national permit applications for discharges in a geographical drainage area of the state as identified in subrule (2) of this rule, may request that his or her name be placed on a permanent mailing list of the department for the information. The request shall be made in writing to the department office in Lansing and shall be renewed in December of each year. Failure to renew the request is just cause for the department to remove a name from the mailing list.

(2) The written request of an interested person to the department shall clearly identify the name of the person, the person's address, the documents desired, and the geographical drainage area of the state for which information is requested. A separate request shall be made for each of the following geographical drainage areas of the state:

(a) Lake Michigan and tributaries thereto, entire.

(b) Lake Michigan and tributaries thereto, Upper Peninsula.

(d) Lake Superior and tributaries thereto.

(e) Lake Huron and tributaries thereto.

(f) Lake Erie and tributaries thereto.

(g) St. Mary's river.

(h) Detroit river, Lake St. Clair, and St. Clair river and tributaries thereto.

**History**
- *History: 1979 AC; 2003 AACS.*

##### **Mich. Admin. Code R 323.2125** Public notices and fact sheets; notice to other governmental agencies {#sec-r-323.2125 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2125}

Rule 2125. (1) Upon receipt of an application for a national permit which identifies an existing or proposed discharge into interstate waters, and when the department determines that the discharge may affect the quality of the waters of any other state, it shall notify the appropriate state or interstate agency of the discharge and shall transmit a copy of the public notice and fact sheet on the application thereto. Upon request of the state or interstate agency, the department shall also transmit a copy of the application and the draft permit prepared pursuant to R 323.2115.

(2) A state or interstate agency notified by the department pursuant to subrule (1) of this rule shall have 45 days in which to comment on the existing or proposed discharge and may submit in writing to the department and the regional administrator its views and recommendations. The views and recommendations submitted to the department by another state or interstate agency may be incorporated into the national permit if determined necessary and desirable by the department. If not incorporated into the national permit, the department shall notify the state or interstate agency in writing and provide an opportunity for hearing, if requested by the state or interstate agency.

(3) When a public notice on a national permit application for discharges into navigable waters is posted or published, the department shall transmit a copy of the notice and fact sheet thereon to the appropriate district engineer of the United States army corps of engineers for existing or proposed discharges identified therein, if such discharges are not minor discharges.

(4) If requested in writing thereby, the department shall mail a copy of a public notice or fact sheet, or both, for an application for a national or state permit, to any other federal, state, or local agency or affected Canadian provincial or federal agencies. The provisions of subrule (2) of this rule with regard to opportunity for comment and hearings apply to the federal, state, or local agencies, or Canadian provincial or federal agencies.

**History**
- *History: 1979 AC; 2003 AACS.*

##### **Mich. Admin. Code R 323.2126** Rescinded {#sec-r-323.2126 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2126}

**History**
- *History: 1979 AC; 2003 AACS.*

##### **Mich. Admin. Code R 323.2127** Public access to NPDES forms and department files and records {#sec-r-323.2127 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2127}

Rule 2127. A copy of a state or national permit application, public notice, fact sheet, draft permit, and other NPDES forms relating thereto, including written public comment thereon, and other reports, files, and information relating to the application not classified as confidential information by the department pursuant to R 323.2128 shall be available for public inspection and copying during normal business hours at the department office in Lansing and an appropriate district office of the department in the geographical area of the applicant. Document inspection and copying procedures shall be according to R 323.1015.

**History**
- *History: 1979 AC; 2003 AACS.*

##### **Mich. Admin. Code R 323.2128** Confidential information {#sec-r-323.2128 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2128}

Rule 2128. Upon determination by the department that public disclosure of information contained on any NPDES form, except information concerning effluent data or information from the files and records of the department not otherwise entitled to protection against disclosure by previous action of the department or of EPA, would divulge information entitled to protection as trade secrets of the applicant, the department shall label and otherwise handle the information as confidential, and shall notify and forward the information to the regional administrator. In making its determination of entitlement to protection as a trade secret, the department shall consider evidence submitted by the applicant. If the department denies entitlement to protection as a trade secret, the applicant, upon notification thereof, shall have 30 days in which to appeal the decision to the department. If the department determines, following appeal, that the information is not entitled to trade secret status, then the department, not less than 30 days after the applicant is notified of the decision, shall release the information for inspection or copying pursuant to R 323.2127. Where EPA has previously accorded trade secret status to information of an applicant, the department shall accept that finding as entitlement to trade secret status for the purpose of this rule. Unless otherwise determined by the regional administrator or the department, all information labeled by the department as confidential shall not be available to the public for inspection or copying pursuant to R 323.2127, except that the information shall be made available at any time to the regional administrator or other authorized representative of the United States concerned with carrying out part 31 of the act or the federal act, upon written request therefore.

**History**
- *History: 1979 AC; 2003 AACS.*

##### **Mich. Admin. Code R 323.2130** Permit applications; public hearings, determinations, and scheduling {#sec-r-323.2130 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2130}

Rule 2130. (1) Within the 30-day comment period or other applicable comment period provided after posting or publishing of a public notice pursuant to R 323.2119, an applicant, any affected state or state or interstate agency or country, the regional administrator, or any other interested person or agency may file a petition with the department for a public hearing on an application for a state or national permit. A petition for a public hearing shall indicate the reasons why a hearing is requested, the interest in or relationship of the petitioner to the application or existing or proposed discharge identified therein, and specifically indicate which portions of the application or other NPDES form or information constitutes necessity for a public hearing. If the department determines that a petition constitutes sufficient cause or that there is sufficient public interest in an application for a public hearing, it may direct the scheduling of a hearing thereon.

(2) A hearing shall be scheduled not less than 4 weeks nor more than 8 weeks after the department determines the necessity of the hearing in the geographical location of the applicant or, at the discretion of the department, at another appropriate location, and shall be noticed not less than 30 days before the hearing in the same manner as the public notice on an application pursuant to R 323.2117 and R 323.2118. The notice of public hearing shall be transmitted to the applicant and shall be published in at least 1 newspaper of general circulation in the geographical area of the existing or proposed discharge identified on the permit application and shall be mailed to any person or group upon request therefore.

Notice shall be mailed to all persons and governmental agencies which received a copy of the notice or the fact sheet for the permit application.

(3) The department may hold a single public hearing on related groups of permit applications.

**History**
- *History: 1979 AC; 2003 AACS.*

##### **Mich. Admin. Code R 323.2131** Permit applications; public hearing notice; contents {#sec-r-323.2131 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2131}

Rule 2131. A notice by the department of a public hearing on an application shall contain, in addition to the time and place of the hearing, all of the following information:

(a) The address and telephone number of the department office in Lansing, and the appropriate district office of the department.

(b) The name and address of the applicant whose application will be considered at the public hearing.

(c) The name of the waterway to which a discharge, as identified on the application, is or will be made, and a concise description of the location on the waterway of the discharge.

(d) Reference to the public notice posted and published for the application, including the identification numbers and dates of issuance thereof.

(e) A brief statement of the purpose of the public hearing.

(f) A concise description of the issues which have been identified by the petitioners requesting the public hearing.

(g) The address or addresses of department offices where interested persons may inspect or obtain copies of a draft permit, fact sheet, or other applicable NPDES forms or other reports, files, or information relating to an application subject to public hearing, if the documents have not been labeled confidential by the department pursuant to R 323.2128.

(h) A concise description of the nature of the public hearing and the issues to be heard, with reference to department rules and procedures to be followed.

**History**
- *History: 1979 AC; 2003 AACS.*

##### **Mich. Admin. Code R 323.2133** Permit applications; determinations; issuance; denial {#sec-r-323.2133 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2133}

Rule 2133. (1) After review of tentative determinations or modifications thereof made by the staff of the department pursuant to R 323.2115, any comments on the permit application received by the department from the regional administrator pursuant to R 323.2112, comments received from the public during the 30-day comment period following public notice of the permit application as provided by R 323.2117, or other applicable recommendations or determinations, and review of the public hearing record after a hearing on an application pursuant to R 323.2130, the department shall make a final determination on the permit application and may issue or deny a state or national permit pursuant to section 3106 of part 31 of the act.

(2) An appeal to a final determination of the department made pursuant to subrule (1) of this rule, or to a condition of a permit issued, or the denial of a permit pursuant to part 31 of the act and the rules shall be in accordance with and subject to section 3113 of part 31 of the act.

(3) When the department issues a state or national permit to a discharger in possession of an order of determination or stipulation of the department issued or entered into before April 15, 1973, the state or national permit conditions shall take precedence over all conditions of the order of determination or stipulation. If the department denies the issuance of a state or national permit to a discharger in possession of an order of determination or stipulation of the department, compliance with the conditions of the order of determination or stipulation is not a defense of the discharger's obligation as prescribed by part 31 of the act.

(4) A national permit issued by the department pursuant to part 31 of the act and these rules is a state permit where the permit is issued for waste or wastewater discharges into the surface waters of the state. A state permit issued for a waste or wastewater discharge into groundwaters or on the ground is not a national permit required pursuant to the federal act.

**History**
- *History: 1979 AC; 2003 AACS.*

##### **Mich. Admin. Code R 323.2134** Permits; transmittal to EPA {#sec-r-323.2134 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2134}

Rule 2134. The department shall transmit all copies of national permits issued by the department pursuant to part 31 of the act and these rules to the regional administrator immediately following issuance. If a permit is denied, written notice thereof and the reasons therefore shall be transmitted to the regional administrator.

**History**
- *History: 1979 AC; 2003 AACS.*

##### **Mich. Admin. Code R 323.2136** Terms and conditions of permits; prohibited discharges {#sec-r-323.2136 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2136}

Rule 2136. (1) A permit shall not be issued to a person proposing any of the following discharges:

(a) A discharge containing a radiological, chemical, or biological warfare agent, or a highlevel radioactive waste.

(b) A discharge containing a substance which the department determines would substantially impair anchorage, or navigation, or both.

(c) A point source discharge in conflict with an areawide waste treatment management plan or amendments thereto, prepared by a management agency pursuant to section 208(b) of the federal act, unless the department finds the variance necessary to protect the public health, safety, and welfare.

(2) An NPDES permit will not be issued to a person proposing any of the following discharges into waters subject to regulation under the federal act:

(a) A discharge containing a radiological, chemical, or biological warfare agent, or a highlevel radioactive waste.

(b) A discharge containing a substance which, as determined by the secretary of the army acting through the chief of engineers of the United States army corps of engineers, would substantially impair anchorage, or navigation, or both.

(c) A discharge to which the regional administrator objects in writing to the department pursuant to R 323.2112, pursuant to any right to object provided the administrator of EPA in section 402(d) of the federal act.

(d) A point source discharge in conflict with an areawide waste treatment management plan, or amendments thereto, prepared by a management agency pursuant to section 208(b) of the federal act unless otherwise approved by EPA.

**History**
- *History: 1979 AC; 2003 AACS.*

##### **Mich. Admin. Code R 323.2137** Terms and conditions of permits; effluent standards and limitations {#sec-r-323.2137 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2137}

Rule 2137. When applicable, a permit issued by the department shall contain terms and conditions deemed necessary by the department to ensure compliance with at least the following effluent standards and limitations:

(a) Effluent limitations for publicly owned treatment works and other point source discharges when promulgated by the administrator of EPA pursuant to sections 301, 302, 307, and 308 of the federal act, in accordance with and subject to the date of compliance prescribed therein, if the limitations are not in conflict with part 31 of the act or the federal act.

(b) Standards of performance, when promulgated by the administrator of EPA, for new sources within the categories defined in section 306 of the federal act.

(c) If the permit is for a discharge from a publicly owned treatment works, standards of performance, pretreatment standards or effluent limitations or prohibitions when promulgated by the administrator of EPA for toxic substances, monitoring, and charges pursuant to sections 204(b), 307, and 308 of the federal act, if the standards, limitations, or prohibitions are not in conflict with part 31 of the act or the federal act.

(d) Any other more stringent limitation deemed necessary by the department to meet applicable water quality standards, treatment standards, or schedules of compliance established pursuant to part 31 of the act or rules promulgated pursuant thereto, or necessary to meet other federal law or regulation enacted or promulgated subsequent to these rules, or required to meet any applicable water quality standards, including applicable requirements necessary to meet maximum daily loads established by and incorporated into the state's continuing planning process required pursuant to section 303 of the federal act.

**History**
- *History: 1979 AC; 2003 AACS.*

##### **Mich. Admin. Code R 323.2138** Terms and conditions of permits; consistency with water quality standards {#sec-r-323.2138 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2138}

Rule 2138. When a state or national permit is issued by the department which contains any effluent standards or limitations set forth in R 323.2137, the department shall verify that the discharge authorized by the issued permit will not violate applicable water quality standards. When a permit contains additional effluent limitations based upon applicable water quality standards, the department shall prepare a wasteload allocation ensuring that the discharge authorized by the issued permit is consistent with applicable water quality standards.

**History**
- *History: 1979 AC; 2003 AACS.*

##### **Mich. Admin. Code R 323.2139** Terms and conditions of permits; requirements to comply with plans {#sec-r-323.2139 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2139}

Rule 2139. The department, if it deems necessary, may impose any further requirements under the terms and conditions of a state or national permit to comply with an areawide waste treatment management plan, or amendments thereto, prepared by a management agency pursuant to section 208(b) of the federal act.

**History**
- *History: 1979 AC; 2003 AACS.*

##### **Mich. Admin. Code R 323.2140** Terms and conditions of permits; interim requirements {#sec-r-323.2140 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2140}

Rule 2140. Before promulgation of regulations by the administrator of EPA relating to applicable effluent standards or limitations, or standards of performance set forth in R 323.2137, the department may impose any standard, limitation, or condition within a state or federal permit to ensure compliance with part 31 of the act and the federal act.

**History**
- *History: 1979 AC; 2003 AACS.*

##### **Mich. Admin. Code R 323.2141** Terms and conditions of permits; discharges from vessels {#sec-r-323.2141 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2141}

Rule 2141. (1) If a national permit is issued pursuant to part 31 of the act and these rules for the discharge of wastes from a vessel other than human sewage exempted by R 323.2109, the permit shall contain requirements in accordance with and subject to the applicable regulations promulgated by the secretary of the federal department in which the United States coast guard is operating, which establish specifications for transportation, handling, carriage, storage, and stowage of such wastes.

(2) The department shall issue a national permit for the discharge of wastes from a vessel only when the permit is in conformance with part 95 of the act.

**History**
- *History: 1979 AC; 2003 AACS.*

##### **Mich. Admin. Code R 323.2142** Terms and conditions of permits; other limitations and requirements {#sec-r-323.2142 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2142}

Rule 2142. When issuing a state or national permit pursuant to part 31 of the act and these rules, the department shall specify therein, where applicable, average and maximum daily quantitative limitations for the level of wastewater constituents in terms of weight and, if appropriate, average or maximum concentration limits for the wastes in the discharge authorized by the issued permit.

**History**
- *History: 1979 AC; 2003 AACS.*

##### **Mich. Admin. Code R 323.2145** Terms and conditions of permits; schedules of compliance {#sec-r-323.2145 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2145}

Rule 2145. (1) A person issued a state or national permit by the department pursuant to R 323.2133 who is not in compliance with applicable effluent standards and limitations or other requirements conditioned therein at the time the permit is issued shall achieve compliance within a period of time as set forth by the department, with effluent standards and limitations, with water quality standards, or with specific requirements or conditions set by the department. The department shall require compliance with terms and conditions of the permit in the shortest reasonable period of time as determined thereby, or within a time schedule for compliance which shall be specified in the issued permit.

(2) If a time schedule for compliance specified in a state or national permit which is established by the department pursuant to subrule (1) of this rule is more than 9 months, then the time schedule shall provide for interim dates of achievement for compliance with certain applicable terms and conditions of the permit. Each interim date specified in the permit shall not be more than 9 months and, to the extent practicable, shall fall on March 31, June 30, September 30, or December 31.

**History**
- *History: 1979 AC; 2003 AACS.*

##### **Mich. Admin. Code R 323.2146** Terms and conditions of permits; compliance reports by dischargers {#sec-r-323.2146 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2146}

Rule 2146. Within 14 days after an interim date of compliance or the final date of compliance specified in a state or national permit, a permittee shall provide the department with written notice of his or her compliance or noncompliance with the requirements or conditions specified to be completed by that date. Failure to submit the written notice to the department is just cause for the department to pursue enforcement action against the discharger pursuant to part 31 of the act or these rules.

**History**
- *History: 1979 AC; 2003 AACS.*

##### **Mich. Admin. Code R 323.2147** Noncompliance lists {#sec-r-323.2147 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2147}

Rule 2147. (1) The department shall prepare and submit to the regional administrator, on or before February 28, May 31, August 31, and November 30, a list of all dischargers holding national permits which, as of 30 days before the date of the report, have submitted a report to the department pursuant to R 323.2146 showing noncompliance with requirements set forth by the department to be met on interim dates or on the final date of compliance specified in the permit and those which have not filed a timely report. The noncompliance list shall be available to the public at appropriate department offices for inspection and copying, and shall contain all of the following information:

(a) The name and address of each noncomplying permittee.

(b) A concise description of the nature of noncompliance.

(d) Any other information deemed necessary by the department to explain or mitigate an instance of noncompliance.

(2) A discharger who fails or refuses to comply with an interim or final date of compliance specified in a state or national permit may be deemed by the department to be in violation of the permit and may be subject to enforcement action prescribed in part 31 of the act or these rules.

**History**
- *History: 1979 AC; 2003 AACS.*

##### **Mich. Admin. Code R 323.2149** Other terms and conditions of state and national permits {#sec-r-323.2149 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2149}

Rule 2149. (1) As part of the condition for issuing a state or national permit by the department pursuant to these rules, a discharger shall assure the department of all of the following:

(a) All discharges authorized by the permit are consistent with the terms and conditions of the permit and that the permittee will make all reasonable effort to meet any interim or final dates of compliance specified in the permit.

(b) Any facility expansion, production increases, process modifications, changes in discharge volume, or other changes in operations or conditions of the permittee which may result in a new or increased discharge of waste or wastewater shall be reported to the department by submission of a new application for a state or national permit pursuant to R 323.2108, or if the discharge does not violate effluent limitations specified in the permit, by submission to the department of notice of a new or increased discharge.

(c) The permittee shall allow any authorized department representative to enter upon the permittee's premises at any reasonable time, upon presentation of credentials, to have access to and copy any applicable records, to inspect process facilities, treatment works, monitoring methods or equipment therefore, or to sample any effluent of a discharge authorized by a permit.

(d) At all times the permittee shall maintain in good working order and operate as efficiently as possible any facilities or systems of control installed to achieve compliance with the terms and conditions of a permit.

(2) Before the department issues a state or national permit for a discharge from the publicly owned treatment works, it shall secure assurance from the applicant that it will be notified of all of the following:

(a) Any new introduction of waste or wastewater constituents into the treatment works from a source which would be a new source as defined in section 306 of the federal act if the source were discharging wastewater constituents.

(b) Except as to categories and classes of point sources or discharges specified by the department, any new introduction of waste or wastewater constituents into the treatment works from a source which would be subject to section 301 of the federal act if the source were discharging waste or wastewater constituents.

(c) Any substantial change in volume or character of waste or wastewater constituents being introduced into such treatment works by a source discharging wastewater into the treatment works at the time of issuance of a permit.

(3) If a permit is issued by the department for a discharge from a publicly owned treatment works, the permittee shall require any industrial user of the treatment works to comply with the requirements of sections 204(b), 307, and 308 of the federal act. To ensure compliance, a permittee shall require of each industrial user subject to the requirements of section 307 of the federal act to submit periodic notice over intervals, of not more than 9 months, of progress toward full compliance with section 307 requirements. The permittee shall forward a copy of the periodic notice to the department.

**History**
- *History: 1979 AC; 2003 AACS.*

##### **Mich. Admin. Code R 323.2150** Duration of permits {#sec-r-323.2150 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2150}

Rule 2150. A state or national permit issued pursuant to part 31 of the act and these rules shall have a fixed term which shall not be more than 5 years.

A person who wishes to continue to discharge waste or wastewater into the surface or groundwaters of the state or on the ground shall apply for reissuance of a permit pursuant to R 323.2151.

**History**
- *History: 1979 AC; 2003 AACS.*

##### **Mich. Admin. Code R 323.2151** Review and reissuance of state and national permits {#sec-r-323.2151 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2151}

Rule 2151. (1) Not less than 180 days before the expiration date of a state or national permit issued by the department pursuant to part 31 of the act and these rules, a permittee who wishes to continue the discharge of waste or wastewaters into the surface or groundwaters of the state or on the ground shall submit a written request to the department for reissuance.

(2) After receipt of written request for reissuance of a state or national permit by a permittee, the department shall review the request, and before reissuing a permit shall be assured by the permittee of all of the following:

(a) The permittee is in compliance with or has substantially complied with the terms, conditions, requirements, and schedules of compliance of the existing state or national permit.

(b) The department has up-to-date information on the permittee's production levels, waste treatment practices, and the nature, contents, and frequency of the permittee's discharge.

The information shall be available to the department either through the submission of new NPDES forms by the permittee or by means of monitoring records or reports submitted thereto pursuant to R 323.2155.

(c) The discharge is consistent with applicable effluent standards and limitations, water quality standards, and other legally applicable requirements, including any additions to, or revisions or modifications of, the effluent standards and limitations, water quality standards, or other legally applicable requirements during the term of the permit.

(3) The department shall follow the public notice and public participation procedures specified in R 323.2117 to R 323.2119 and R 323.2124 to R 323.2127 before any state or national permit is reissued pursuant to this rule.

(4) A copy of a national permit reissued by the department shall be transmitted to the regional administrator with any other appropriate NPDES forms or other applicable information relating thereto.

**History**
- *History: 1979 AC; 2003 AACS.*

##### **Mich. Admin. Code R 323.2153** Point source discharges; standards of performance {#sec-r-323.2153 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2153}

Rule 2153. A facility, building, installation, or industry which discharges a point source discharge subject to a national permit and which is so constructed after October 18, 1972, to meet all applicable effluent standards of performance as required by the federal act, part 31 of the act, or these rules, shall not be subject to any more stringent standard of performance for any wastewater constituent during a 10-year period beginning on the date of completion of construction, or during the period of depreciation or amortization of the facility for the purposes of section 167, or 169, or both, of the internal revenue code of 1954, 26 U.S.C. §167 or 169, whichever period ends first, unless reallocation of effluent loads are necessitated in a discharge complex to meet water quality standards.

**History**
- *History: 1979 AC; 2003 AACS.*

##### **Mich. Admin. Code R 323.2154** Monitoring of discharges authorized by permits; requirements {#sec-r-323.2154 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2154}

Rule 2154. (1) The department may set forth monitoring requirements of any discharge authorized by a state or national permit issued by it pursuant to these rules. In requiring any discharge monitoring, the department shall specify the type of monitoring required, and the discharger shall obtain approval of the installation, use, and maintenance of monitoring equipment or methods to be employed therefore from the department.

(2) A discharge authorized by a national permit which the regional administrator, by written request to the department, requires to be monitored or which contains toxic waste or wastewater constituents for which an effluent standard or limitation has been established by the administrator of EPA pursuant to section 307(a) of the federal act, shall be monitored by the permittee for any or all of the following:

(a) The flow of the discharge in gallons per day or other volumes required by the department.

(b) Waste or wastewater constituents subject to reduction or elimination under the terms and conditions of the permit.

(c) Specific waste or wastewater constituents which are determined by the department to have a significant effect on the quality of the waters of the state.

(d) Waste or wastewater constituents specified as subject to monitoring by the administrator of EPA in regulations promulgated pursuant to the federal act.

(e) Any other specific waste or wastewater constituents which the regional administrator may request in writing to be monitored.

(3) The frequency of monitoring of a waste or wastewater discharge required to be monitored pursuant to this rule shall be specified in a state or national permit when issued, except that the department at any time may require additional monitoring by notification of the permittee in writing.

**History**
- *History: 1979 AC; 2003 AACS.*

##### **Mich. Admin. Code R 323.2155** Monitoring of discharges authorized by permits; recording and reporting {#sec-r-323.2155 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2155}

Rule 2155. (1) A permittee required to monitor a waste or wastewater discharge pursuant to R 323.2154, shall maintain records of all information resulting from such monitoring, including the date, place, and time of sampling; dates analyses were performed; the person performing the analyses; the analytical techniques, procedures, or methods used; and the results of the analyses. All records and results of monitoring activities, and calibration and maintenance records shall be retained by the permittee a minimum of 3 years unless otherwise required or extended by the department or the regional administrator.

(2) The department may require a permittee to report periodically the results of all monitoring activities undertaken on an appropriate reporting form supplied by the department. The department shall notify the permittee of the frequency of reporting, but the reporting frequency shall not be less than at least once in a period of 1 year.

(3) Upon written request of the regional administrator, the department shall transmit thereto any reporting form or other monitoring information required by this rule.

**History**
- *History: 1979 AC; 2003 AACS.*

##### **Mich. Admin. Code R 323.2159** State and national permits; modification or revocation by the department {#sec-r-323.2159 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2159}

Rule 2159. (1) The department may modify any term or condition, including a schedule of compliance, of a permit, or may revoke a permit upon its finding of any of the following:

(a) There is a change in any condition that requires a temporary or permanent reduction or elimination of a permitted discharge or constituent thereof.

(b) The administrator of EPA issues a regulation prescribing a restriction or prohibition of a waste or wastewater constituent which is not covered by the terms and conditions of a permit, or the regulation is more stringent than any limitation imposed on a wastewater constituent in a permit.

(c) A modification of the terms and conditions of a permit or a time schedule thereon is necessary because of an act of God or other conditions beyond the control of the permittee.

(d) In the case of discharges from publicly owned treatment works, federal treatment works grant funds are not available or are not sufficient to allow construction of the treatment works in a time schedule set forth in the permit.

(e) There is a violation of any term or condition of the permit.

(f) The permittee has obtained a permit by misrepresentation or has failed to disclose all relevant facts to the commission.

(g) A toxic effluent standard or prohibition, including any schedule of compliance specified therein, is established pursuant to section 307(a) of the federal act for a toxic waste or wastewater constituent which is present in the permittee’s discharge and the standard or prohibition is more stringent than any limitation upon the waste or wastewater constituent in the permit.

(h) The POTW receives wastewater from a nondomestic source and the development of a pretreatment program is necessary to control the introduction of regulated pollutants.

(i) When a request for removal credits is approved in accordance with R 323.2313(a).

(2) The department shall notify the regional administrator of any change in status or condition of a permit and he or she shall have an opportunity to object thereto, in writing, within 45 days before the effective date of the modification. If the regional administrator objects in writing, then the objection shall be resolved before the modification is approved by the department, unless the right to object is waived, in writing, by the regional administrator.

(3) A permittee who is affected by a modification of a permit by the department shall be notified not less than 90 days before the effective date of the modification and, upon petition therefore, shall have a hearing thereon pursuant to section 3112 of part 31 of the act.

(4) If the department modifies an effluent limitation or a schedule of compliance in a permit, notice of the modification shall be mailed to all persons on the department mailing list for public notices and fact sheets as prescribed by R 323.2124, and any interested person may comment thereon within 30 days following the date of notification.

**History**
- *History: 1979 AC; 1985 AACS; 2003 AACS.*

##### **Mich. Admin. Code R 323.2160** Enforcement {#sec-r-323.2160 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2160}

Rule 2160. (1) A person who submits false information to the department on an application, other NPDES form, or any other reporting form, or who violates any of these rules, a term, condition, or schedule of compliance contained within a valid state or national permit, or part 31 of the act is subject to the remedies or penalties prescribed by section 3115 of part 31 of the act.

(2) The department shall notify the regional administrator of all violations of these rules, a valid permit, or part 31 of the act, and of the means by which the department proposes to correct or require the correction of violations.

**History**
- *History: 1979 AC; 2003 AACS.*

##### **Mich. Admin. Code R 323.2161** Storm water discharge permits {#sec-r-323.2161 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2161}

Rule 2161. (1) A person who discharges storm water that is subject to regulation pursuant to the provisions of section 402(p) of the federal act and the corresponding regulations promulgated in 40 C.F.R. §122.26 (2000) shall apply for or obtain a national permit if the person has, will have, or operates any of the following:

(a) Storm water discharges associated with industrial activity. A national permit is not required if, in accordance with 40 C.F.R.§122.26(g) (2000), a discharge composed entirely of storm water is not a storm water discharge associated with industrial activity because there is no exposure of industrial materials and activities to rain, snow, snowmelt, or runoff, or any combination, and if the discharger has met the conditions of no exposure listed on a certification form provided by the department. The discharger shall complete, sign, and submit to the department the certification form provided by the department. A new certification form shall be submitted once every 5 years to qualify for continuation of the no exposure exclusion. This exclusion provision shall no longer apply and a national permit shall be required under either of the following conditions:

(i) If circumstances change and industrial materials or activities become exposed to rain, snow, snowmelt, or runoff, or any combination, then the conditions for this exclusion no longer apply. Any conditionally exempt discharger who anticipates changes in circumstances shall apply for and obtain national permit authorization before the change of circumstances. Failure to do so could result in penalties as provided under part 31 of the act for a discharge without a permit.

(ii) Notwithstanding the provisions of this subdivision, the department retains the authority to require national permit authorization, and deny this exclusion, upon making a determination that the discharge causes, has a reasonable potential to cause, or contributes to, a violation of an applicable water quality standard.

(b) Storm water discharges from a site of construction activity. The notice of coverage shall be received before the startup of construction for any storm water discharge from a site of construction activity disturbing 5 acres or more.

(c) An MS4 located in an urbanized area, except those exempted through cooperation with a permitted MS4 owner or operator under R 323.2161(2). Only storm water that flows from within the urbanized area is regulated.

(d) An MS4 located within an urbanizing area, which is designated by the department to need a national permit on the basis that it discharges storm water which results in a violation of water quality standards or which would imminently result in a violation of water quality standards in the absence of regulation.

(e) Designation from the department that storm water controls are needed for the discharge based on wasteload allocations that are part of total maximum daily loads (TMDLs) developed by the department that address the pollutants of concern.

(f) A discharge, or category of discharges within a geographic area, that is determined by the department to be a significant contributor of pollutants to waters of the state, or to contribute to a violation of water quality standards, or to contribute substantially to the pollutant loadings of a physically interconnected, regulated MS4.

(g) A storm water discharge that is the subject of a petition to the department to require a national permit, and the department determines that the discharger shall apply for a national permit in accordance with subdivision (f) of this subrule.

(2) If a national permit application is required for a municipal separate storm sewer system under subdivision (c), (d), (e), or (f) of this subrule, then each city, village, or township with the power or authority to control storm water discharges to the regulated MS4 shall apply for a national permit. An MS4 owner or operator other than a city, village, or township may cooperate with a permitted MS4 owner or operator so that the terms and conditions of the national permit may be met by the permitted MS4 owner or operator for the other owner or operator's municipal separate storm sewer system or systems in the regulated area. In this case, the MS4 owner or operator that is not a city, village, or township does not need to apply for a national permit. An MS4 owner or operator that is not a city, village, or township that cannot reach a cooperative agreement with the permitted MS4 owner or operator shall apply for a national permit for the MS4 it owns or operates.

(3) A person who is designated by the department to be regulated in accordance with subrule (1)(d), (e), or (f) of this rule shall apply to the department for a national permit within 180 days of receipt of notice from the department that a national permit is needed, unless permission for a later date is granted by the department. This subrule does not apply to storm water discharged from a site of construction activity.

**History**
- *History: 1992 AACS; 2003 AACS; 2006 AACS.*

##### **Mich. Admin. Code R 323.2161a** Municipal storm water discharge; national permit minimum requirements {#sec-r-323.2161a omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2161a}

Rule 2161a. (1) The national permit for a regulated MS4 shall require, at a minimum, that the permittee develop, implement, and enforce a storm water management program designed to do both of the following:

(a) Reduce the discharge of storm water pollutants to the maximum extent practicable (MEP).

(b) Protect water quality and satisfy the appropriate water quality requirements of the federal act.

(2) Unless authorized to discharge under an individual national permit applied for under 40 C.F.R. §122.26(d) (2000) or authorized to discharge under another permit that the regional administrator has determined is adequate to meet the requirements of the federal act, a person with a national permit for a regulated MS4 shall comply with the requirements of 40 C.F.R. §122.34 (2000) as specified in R 323.2161a(3) to (12).

(3) A storm water management program for a regulated MS4 shall include a plan for implementing, at a minimum, the measures described as follows:

(a) A public education program to distribute educational materials to the community or conduct equivalent outreach activities about the impacts of storm water discharges on water bodies and the steps that the public can take to reduce pollutants in storm water runoff.

(b) At a minimum, comply with state and local public notice requirements when implementing a public involvement/participation program.

(c) A program to detect and eliminate illicit connections and discharges. Under the illicit discharge elimination program, a permittee shall, at a minimum, perform all of the following:

(i) Develop, if not already completed, a storm sewer system map, showing the location of all outfalls the permittee owns or operates, or points of discharge into an MS4 owned or operated by another public body, and the names and location of all waters of the state that receive discharges from the permittee's MS4.

(ii) Develop and implement a plan to detect and address non-storm water discharges to the municipal separate storm sewer system, including illegal dumping and failing on-site sewage disposal systems as appropriate.

(iii) Inform public employees, businesses, and the general public of hazards associated with illegal discharges and improper disposal of waste into the municipal separate storm sewer system.

(iv) To the extent allowable under state or local law, effectively prohibit, through ordinance, or other regulatory mechanism, non-storm water discharges into the municipal separate storm sewer system and implement appropriate enforcement procedures and actions. Discharges already authorized under an NPDES permit are excluded from this requirement. Discharges or flows from fire fighting activities are excluded from the effective prohibition against non-storm water and need only be addressed where they are identified as significant sources of pollutants to waters of the state. The following categories of non-storm water discharges or flows need to be prohibited only if identified as significant contributors to violations of state water quality standards:

(A) Water line flushing.

(B) Landscape irrigation.

(D) Rising ground waters.

(E) Uncontaminated ground water seepage into storm sewers.

(F) Uncontaminated pumped ground water, except for groundwater cleanups.

(G) Discharges from potable water sources.

(H) Foundation drains.

(I) Air conditioning condensation.

(J) Irrigation water.

(K) Springs.

(L) Water from crawl space pumps.

(M) Footing drains.

(N) Lawn watering.

(O) Water from noncommercial car washing.

(P) Flows from riparian habitats and wetlands.

(Q) Residential swimming pool discharges and dechlorinated swimming pool discharges.

(R) Street wash water.

(d) A storm water management program for areas of construction activity, which shall include all of the following:

(i) A procedure to notify the part 91 permitting entity and the department when soil or sediment are deposited to the regulated MS4 from a construction activity in violation of section 9116 of part 91 of the act or in violation of the effective prohibition on non-storm water discharges into the regulated MS4 separate storm sewer system as required in subdivision (c)(iv) of this subrule.

(ii) A procedure to ensure adequate allowance for soil erosion and sedimentation controls on preliminary site plans, as applicable.

(iii) A procedure for receipt and consideration of complaints or other information submitted by the public.

(e) A program to address post-construction storm water runoff from new development and redevelopment projects that disturb 1 or more acres, including projects less than 1 acre that are part of a larger common plan of development or sale, that discharge into the regulated MS4. The program shall include an ordinance or other regulatory mechanism to address post-construction runoff from new development and redevelopment projects to the extent allowable under state or local law. The ordinance or other regulatory mechanism shall be designed to prevent or minimize water quality impacts, including resource impairment resulting from extreme flow volumes and flow conditions, and shall include all of the following:

(i) A requirement for review of post-construction storm water best management practices during initial site plan review, as applicable.

(ii) Strategies for implementation of structural or non-structural, or both, best management practices appropriate for the community.

(iii) Requirements for adequate long-term operation and maintenance of best management practices.

(f) An operation and storm water maintenance program that includes a staff training component and has the ultimate goal of preventing or reducing pollutant runoff from municipal operations, using training materials that are available from EPA, the state, or other organizations. The storm water management program shall include employee training to prevent and reduce storm water pollution from activities such as park and open space maintenance, fleet and building maintenance, new construction and land disturbances, and storm water system maintenance.

(4) A city, village, or township shall comply with the terms and conditions of its national MS4 permit in all areas within its political or territorial boundaries for which a permit application is required under R 323.2161(1)(c), (d), (e), or (f).

(5) A public body, other than a city, village, or township, that holds a national permit for a municipal separate storm sewer system or systems it owns or operates, shall comply with the terms and conditions of the national permit for the municipal separate storm drain sewer system or systems it owns or operates and for which a national permit application was submitted in accordance with R 323.2161(1)(c), (d), (e), or (f).

(6) If an existing qualifying local program requires the permittee to implement 1 or more of the minimum control measures of subrule (3) of this rule, the department may include conditions in the national permit that direct the permittee to follow that qualifying program's requirements rather than the requirements of subrule (3) of this rule. A qualifying local program is a local or state municipal storm water management program that imposes, at a minimum, the relevant requirements of subrule (3) of this rule.

(7) To request authorization to discharge in accordance with a general permit for a municipal separate storm sewer system, a public body shall submit to the department, on a form provided by the department, a national permit application which shall include the name of a contact person responsible for implementing or coordinating the storm water management program.

(8) A permittee shall comply with any more stringent effluent limitations in the national permit, including permit requirements that modify, or are in addition to, the minimum measures based on a total maximum daily load (TMDL) or equivalent analysis. The department may include more stringent limitations based on a TMDL or equivalent analysis that determines that more stringent limitations are needed to protect water quality.

(9) A permittee shall comply with other applicable national permit requirements, standards, and conditions established in the individual or general permit, developed consistent with the provisions of 40 C.F.R.§§122.41 to 122.49 (2000), as appropriate.

(10) A permittee shall evaluate compliance with the minimum measures required under subrule (3) of this rule, the appropriateness of the best management practices implemented to comply with the minimum measures, and progress towards achieving the measurable goals reported pursuant to subrule (12)(a)(ii) of this rule. The department may establish monitoring requirements in accordance with state or watershed specific monitoring plans or as needed for a permittee to demonstrate the pollution reduction achieved by implementing best management practices.

(11) A permittee shall keep records required by the national permit for not less than 3 years. A permittee shall submit the records to the NPDES authority if specifically asked to do so. The records, including a description of the storm water management program, shall be available to the public at reasonable times during regular business hours unless confidentiality is protected under 40 C.F.R. §122.7 (2000).

(12) A permittee shall submit annual reports to the department for the first permit term.

For subsequent permit terms, the permittee shall submit reports in years 2 and 4 unless the department or national permit requires more frequent reports. The department may establish a reporting format that shall be followed by the permittee. Unless the department specifies otherwise, the annual reports shall include the following minimum information:

(a) The first annual report submitted by a permittee for approval by the department shall consist of a storm water management program plan which includes descriptions of all of the following:

(i) The best management practices that will be implemented for each of the storm water minimum measures specified in subrule (3)(a) to (f) of this rule.

(ii) Measurable goals for each of the best management practices, including, as appropriate, the years in which the required actions will be undertaken, interim milestones, the frequency of the action, anticipated water quality benefit, and a description of water quality monitoring, if any, during the reporting period. The permittee is not required to meet the measurable goals identified in the first annual report in order to demonstrate compliance with any minimum measure in subrule (2)(c) to (f) of this rule for which the department has not issued a menu of best management practices. If the department does not issue a menu of best management practices, the permittee still shall comply with other requirements of the national permit, including good faith implementation of best management practices designed to comply with the minimum measures.

(iii) A summary of the storm water control activities to be undertaken during the next reporting cycle pursuant to the storm water management program plan.

(iv) The status of the water quality in the waters of the state within the permittee's political, territorial, property, or right-of-way boundaries. Narrative descriptions and/or numeric descriptions may be submitted. Narrative descriptions may include, but are not limited to, reports of unnatural physical properties such as turbidity, color, oil film, floating solids, foams, settleable solids, suspended solids or deposits, presence or absence of indicator animals, algae or bacteria, presence of trash and floatables, and streambank and streambed conditions. For numeric descriptions, permittees may seek alternatives to instream water chemistry monitoring or may limitchemical monitoring to a small number of parameters. Biological indexes are acceptable numeric descriptions. Permittees may partner to gather information, or may report information collected by other entities including county, state, or federal governments.

(v) An identification and prioritization of the stresses on the receiving waters within the permittee's political, territorial, property, or right-of-way boundaries. Stresses are negative impacts on surface water quality, navigation, industrial water supply, public water supply at the point of water intake, fish and other indigenous aquatic life and wildlife, human body contact recreation, and agricultural uses. Stresses include known or suspected pollutant sources that result in water quality status concerns reported under paragraph (iv) of this subdivision.

(vi) Notice that the permittee is relying on another owner or operator of a regulated MS4 to satisfy national permit obligations under 1 or both of the following conditions:

(A) The permittee lacks power or authority to comply with the national permit obligation.

(B) The other regulated MS4 owner or operator is already implementing a program that meets the national permit obligation for the permittee.

(vii) Notice provided under paragraph (vi) of this subrule is valid only if the other regulated MS4 owner or operator has national permit authorization to discharge and provides notice under paragraph (viii) of this subdivision for the applicable national permit obligations.

(viii) Notice that the permittee will satisfy some of the national permit obligations of another regulated MS4 owner or operator, if applicable.

(ix) A city, village, or township permittee shall submit to the department the identification of regulated MS4 owners and operators other than itself within its political or territorial boundaries that have applied for or will apply for national permits, and shall submit descriptions of either the MS4s or the areas within its boundaries for which the other regulated MS4 owners and operators claim authority.

(b) All annual reports subsequent to the first annual report shall include all of the following information:

(i) The status of compliance with the storm water management program plan and other national permit conditions for which the permittee is responsible, an assessment of the appropriateness of the best management practices identified in the storm water management program plan, and an assessment of progress towards achieving the identified measurable goals for each of the best management practices.

(ii) Results of information collected and analyzed, including monitoring data, if any, during the reporting period.

(iii) A summary of the storm water activities to be undertaken during the next reporting cycle pursuant to the storm water management program plan.

(iv) Notice of a change in any identified best management practices or measurable goals for any of the minimum measures.

(v) A description of change in status of any agreement or agreements used by the permittee to rely on another public body to satisfy some of the national permit obligations, if applicable.

**History**
- *History: 2003 AACS.*

##### **Mich. Admin. Code R 323.2189** Referenced federal regulations; definitions; adoption of standards by reference {#sec-r-323.2189 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2189}

Rule 2189. (1) As used in the federal regulations referenced in R 323.2161, the terms "NPDES state" and "NPDES authority" shall mean the department of environmental quality as specified in this rule.

(2) The following federal regulations are adopted by reference in these rules, are available for inspection at the Lansing office of the department of environmental quality, and may be obtained from the Department of Environmental Quality, Water Division, P.O. Box 30273, Lansing, MI 48909, at a cost as of the time of adoption of these rules of 5 cents per page and a labor rate of $19.20 per hour, or from the Superintendent of Documents, Government Printing Office, Washington, DC 20402, at a cost as of the time of the adoption of these rules of $45.00 for 40 C.F.R. Parts 100-135, $56.00 for 40 C.F.R. Parts 400-424, and $61.00 for 40 C.F.R. Parts 425-699; or via the Internet at http://bookstore.gpo.gov:

(a) 40 C.F.R. §122.3(e) (2000).

(b) 40 C.F.R. §122.7. (2000).

(d) 40 C.F.R. §§122.26 to 27 (2000).

(e) 40 C.F.R. §122.28(b)(2)(v) (2000).

(f) 40 C.F.R. §§122.34 to 35 (2000).

(g) 40 C.F.R. §§122.41 to 122.43 (2000).

(h) 40 C.F.R. §122.44 (2005).

(i) 40 C.F.R. §§122.45 to 122.49 (2000).

(j) 40 C.F.R. §§125.80 to 125.99 (2005), except 40 C.F.R. §§125.89 and 125.98 (2005).

"New source" as used in this subdivision is defined in 40 C.F.R. §122.2. "New source" as used elsewhere in these rules shall be as defined in R 323.2103.

(k) 40 C.F.R. §401.11 (2000).

(l) 40 C.F.R. §403 (2000).

(m) 40 C.F.R. §412 (2003) except that the definition for "land application area" shall be as defined in R 323.2103.

(n) 40 C.F.R. §451 (2005).

**History**
- *History: 1985 AACS; 1990 AACS; 1992 AACS; 1995 AACS; 2003 AACS; 2005 AACS; 2006 AACS.*

##### **Mich. Admin. Code R 323.2190** National permit for storm water discharge from construction activity {#sec-r-323.2190 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2190}

Rule 2190. (1) Unless the department has required an individual national permit pursuant to the provisions of subrule (3) or (4) of this rule, a point source discharge of storm water from a construction activity will be deemed to have a national permit authorizing the discharge if the criteria of subdivisions (a) and (b) of this subrule are met. Exception: small construction activities, meaning 1 to 5 acres of disturbed soil as defined in 40 C.F.R. §122.26(b)(15), are automatically deemed to have a national permit authorizing discharge of storm water in accordance with this rule and are not required to meet the filing requirements of subdivision(a) or (b) of this subrule, subrule (2)(j) of this rule, and subrule(5)(b) of this rule. The construction permittee shall do both of the following:

(a) File with the department, on a form approved by the department, notice of coverage pursuant to the provisions of this rule before the initiation of construction activity. The notice of coverage shall include all of the following:

(i) A copy of the individual soil erosion and sedimentation control permit for the site as issued to the construction permittee; or if the construction activity is to be carried out by an authorized public agency, certification by the authorized public agency that an approved control plan exists; or, for part 615 or part 631 permits, a copy of the permit, along with any forms or diagrams pertaining to soil erosion and sedimentation control that were part of the permit application.

(ii) Acknowledgement by the construction permittee that any discharge that is made pursuant to the provisions of this rule shall be in compliance with part 31 of the act and the rules promulgated thereunder.

(iii) A location map and a description of the nature of the construction activity.

(iv) The location of the proposed discharge and identification of the receiving water.

(v) The total area of the site and the area of the site that is expected to undergo construction activity during the life of the project.

(vi) Name and certification number of a certified storm water operator responsible for inspection of the construction activity in accordance with subrule (2)(e) of this rule.

(b) Provide a valid signature of the construction permittee or authorized representative on the notice of coverage. If the construction permittee is a partnership, association, corporation, industry, municipality, state agency, or interstate body, the valid signatory for the notice of coverage shall be determined in accordance with R 323.2114.

(2) A construction permittee that has authorization to discharge under a national permit pursuant to subrule (1) of this rule shall comply with all of the following provisions:

(a) Not directly or indirectly discharge wastes such as discarded building materials, concrete truck washout, chemicals, lubricants, fuels, litter, sanitary waste, or any other substance at the construction site into the waters of the state in violation of part 31 of the act or rules promulgated thereunder.

(b) Be in compliance with a soil erosion and sedimentation control permit for the site or, if the construction activity is carried out by an authorized public agency, the approved control plan, including the selected control measures that are applicable to the site.

(d) Have the soil erosion control measures under the specific supervision and control of a storm water operator who has been certified by the department as properly qualified to operate the soil erosion control measures. The certification shall be done in accordance with the requirements of R 323.1251 et seq.

(e) Cause the construction activity to be inspected by a certified storm water operator once per week, and within 24 hours after every precipitation event that results in a discharge from the site, and ensure that any needed corrective actions are carried out. A log of the inspections and corrective actions shall be maintained on file by the construction permittee for review and shall be retained by the construction permittee for a period of 3 years from the date of the inspection or corrective action.

(f) In accordance with the requirements for on-land facilities as set forth in spillage of oil and polluting materials, being part 5 of these rules, provide facilities and comply with reporting procedures for containment of any accidental losses of oil or other polluting materials.

(g) Dispose of solids, sediment, filter backwash, or other waste that is removed from or results from the treatment or control of storm water in compliance with applicable state laws and regulations and in a manner that prevents any waste from entering waters of the state.

(h) Allow the department to enter upon the site at any reasonable time before the expiration of the authorization to discharge as set forth in subrule (5) of this rule, upon presentation of credentials and other documents as may be required by law, for the purpose of inspecting conditions relating to the pollution of any waters or determining compliance with the provisions of this rule.

(i) Upon request, make available for public inspection or provide to the department all reports or logs prepared pursuant to the provisions of this rule.

(j) File a revised notice of coverage in compliance with the provisions of subrule (1) of this rule before any expansion of the construction activity or change in the soil erosion control measures that requires a change in the soil erosion and sedimentation control permit.

(3) The department may require that discharges from a construction activity be authorized by an individual national permit if it has been determined by the department that unlawful pollution cannot be adequately guarded against, and there is or may be water quality degradation that will violate the commission act unless requirements in addition to those in the soil erosion and sedimentation control permit are imposed. A determination by the department for an individual national permit or other additional control constitutes grounds for revocation of the authorization to discharge pursuant to the provisions of this rule.

(4) The department may require that discharges from a construction activity be authorized by an individual national permit if it has been determined by the department that the responsible part 91 permitting entity or authorized public agency is not carrying out a program that is adequate to ensure that the requirements of part 91 of the act are complied with.

(5) The authorization to discharge pursuant to the provisions of this rule expires as follows:

(a) When the soil erosion and sedimentation control permit expires, or is revoked or terminated by the part 91 permitting entity in accordance with the provisions of part 91 of the act and 1969 PA 306, MCL 24.201 et seq., or when the authorized public agency determines that the project has been completed by the stabilization of earth change activity.

(b) Five years from the date of the notice that is filed pursuant to the provisions of subrule (1)(a) of this rule, if the authorization to discharge has not previously expired pursuant to subdivision (a) of this subrule. This authorization may be extended by filing a new notice in compliance with the provisions of subrule (1)(a) of this rule. The construction permittee shall file a notice of termination with the department, on a form approved by the department, when authorization to discharge expires as set forth in accordance with subdivision (a) of this subrule. The notice of termination shall include the name and address of the construction permittee, the location of the construction site, and the mailing address, if available, and certification that stabilization of earth change activity has been completed or, if the certification cannot be made, the reason why the authorization to discharge has expired.

(6) The department may revoke authorization to discharge pursuant to the provisions of this rule if an individual national permit is required pursuant to the provisions of subrule (3) of this rule or in compliance with R 323.2159.

(7) Nothing in this rule shall be construed to preclude the institution of any legal action or relieve the construction permittee from any responsibilities, liabilities, or penalties to which the construction permittee may be subject pursuant to part 31 of the act or rules promulgated thereunder.

(8) The provisions of this rule are severable, and if any provision of this rule or the application of any provisions of this rule to any circumstances is held invalid, the application of the provisions of this rule to other circumstances and the remainder of this rule shall not be affected by the invalidity.

(9) The construction permittee shall take all reasonable steps to minimize any adverse impact to the surface or groundwaters of the state that result from noncompliance with any of the conditions specified in this rule.

(10) If, for any reason, the construction permittee does not comply with, or will be unable to comply with, any of the conditions that are specified in this rule, the construction permittee shall provide the department with the following information, in writing, within 5 days of becoming aware of the noncompliance or inability to comply:

(a) A description of the noncompliance and its cause.

(b) The period of noncompliance, including exact dates and times, or, if the noncompliance is not corrected, the anticipated time that the noncompliance is expected to continue and the steps taken to reduce, eliminate, and prevent recurrence of the noncompliance.

(11) The provisions of this rule do not convey any property rights in either real or personal property, or any exclusive privileges, authorize any pollution, impairment, or destruction of the natural resources of the state, or the violation of any federal, state, or local laws or regulations, or obviate the necessity of obtaining permits or approvals from other units of government as may be required by law.

(12) The provisions of this rule do not exempt the construction permittee from giving notice to public utilities and complying with each of the requirements of 1974 PA 53, MCL 460.701 et seq.

(13) This rule shall not provide authorization to discharge storm water from construction activity which is mixed with non-storm water, or which is subject to an existing national permit or general permit.

**History**
- *History: 1992 AACS; 2003 AACS; 2006 AACS.*

##### **Mich. Admin. Code R 323.2191** General permits generally {#sec-r-323.2191 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2191}

Rule 2191. (1) Upon a determination by the department that certain discharges are appropriately and adequately controlled by a general permit, the department may issue a general permit to cover a category of discharge. The general permit may cover storm water point source discharges or a category of point source discharges other than storm water point source discharges if all of the following provisions apply:

(a) The sources involve the same or substantially similar types of operations.

(b) The sources discharge the same types of wastes.

(d) The sources require the same or similar monitoring.

(2) General permits shall be issued, modified, revoked and reissued, or terminated in compliance with these rules.

(3) The department may require any person who is authorized to make a discharge, by a general permit, to apply for and obtain an individual national permit if any of the following circumstances apply:

(a) The discharge is a significant contributor to pollution as determined by the department on a case-by-case basis.

(b) The discharger is not complying, or has not complied, with the conditions of the general permit.

(c) A change has occurred in the availability of demonstrated technology or practices for the control or abatement of waste applicable to the point source discharge.

(d) Effluent standards and limitations are promulgated for point source discharges subject to the general permit.

(e) The department determines that the criteria under which the general permit was issued no longer apply. Any person may request the department to take action pursuant to the provisions of this subrule.

(4) If the department requires a person who is authorized to make a discharge, by a general permit, to apply for an individual national permit as provided in subrule (3) of this rule, the department shall do so in writing Written notice shall include all of the following:

(a) A statement of the reasons for the department's decision.

(b) An application form.

(d) A statement that on the effective date of the individual national permit, the general permit, as it applies to the individual discharge, will be superseded.

(5) Any person having a discharge which is authorized, or proposing a discharge which may be authorized by a general permit, may request to be excluded from the coverage of the general permit and apply for an individual national permit. An application shall be submitted pursuant to these rules, with reasons supporting the request, to the department.

The department may deny an application for an individual national permit if it determines that the general permit is more appropriate.

(6) The issuance of an individual national permit to a person will supersede the applicability of the general permit on the effective date of the individual national permit.

**History**
- *History: 1992 AACS; 2003 AACS.*

##### **Mich. Admin. Code R 323.2192** General permits; application and coverage {#sec-r-323.2192 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2192}

Rule 2192. All of the following provisions are application requirements for coverage under general permits and shall be complied with:

(a) A person who requests coverage under a general permit shall comply with all applicable requirements of this part, except where the department has approved an amended application form that is specific to a general permit.

(b) Upon the receipt of an application for coverage under an existing general permit, the department shall determine if the discharge meets the criteria for coverage under the general permit. The issuance of a notice of coverage by the department which states that the discharge meets the criteria initiates coverage by the general permit.

(c) The department shall promptly report to the department each person having a discharge for which coverage by general permit has been initiated pursuant to the provisions of subdivision (b) of this rule. A person who is aggrieved by the coverage may file a sworn petition for a contested case hearing on the matter with the department in accordance with the provisions of section 3113 of part 31 of the act. A petition that is filed more than 60 days after coverage by the general permit is reported to the department may be rejected by the department as being untimely.

(d) A person who holds an individual national permit for a point source discharge that is excluded from a general permit solely because the person already has an individual national permit may apply for coverage under the general permit. The department may terminate the individual national permit and include the discharge under the coverage of the general permit if the department determines that the general permit is more appropriate.

**History**
- *History: 1992 AACS; 2003 AACS.*

##### **Mich. Admin. Code R 323.2193** National permit; clean corporate citizen benefits {#sec-r-323.2193 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2193}

Rule 2193. An establishment that has been designated as a clean corporate citizen by the department under R 324.1504 is eligible for the following benefits related to national permits:

(a) A clean corporate citizen applying for reissuance of a national permit may certify that the previous application information, or a portion of the application, is still representative of the discharge, and need not provide new discharge monitoring information, unless there have been changes in state or federal application requirements since the previous application was submitted. The department may request additional information as necessary to process the permit.

(b) When applying for a national permit for a new wastewater discharge that is not covered by a federal technology-based treatment standard, a clean corporate citizen may provide its determination of best professional judgment (BPJ) for technology-based effluent limitations for the case-by-case determinations required under section 402(a)(1) of the federal act. The department will review and use the clean corporate citizen's determination of BPJ for purposes of a draft permit, unless the determination is inconsistent with state or federal regulations, or is contrary to known technology previously used in setting BPJ permit limitations.

(c) A clean corporate citizen that qualifies for coverage under a general permit as provided in R 323.2191 is not required to obtain an individual national permit solely because it is designated as a major discharger by the United States environmental protection agency.

(d) A nonmunicipal clean corporate citizen may construct and utilize wastewater treatment processes to comply with effluent limitations of a national permit without department approval of the plans and specifications for the wastewater treatment processes.

(e) The department shall not conduct more than 1 comprehensive sampling inspection during the effective period of the national permit for a clean corporate citizen, unless the department has reason to believe that the permittee is not in compliance with any applicable statute, rule, national permit, or enforcement order.

(f) The national permit for a clean corporate citizen shall include a provision allowing the department to reduce, but not eliminate, the monitoring frequency of parameters specified in the permit. The department may reduce monitoring. Reduced monitoring shall be sufficient to determine compliance and will be conditioned on continued compliance with parameter limitations. If reduced monitoring identifies a violation of a parameter limitation, then the permit shall provide for an increase in monitoring until compliance is regained. A clean corporate citizen shall submit a request for reduced monitoring to the department in writing. Approval of reduced monitoring under this rule is not subject to the requirements in R 323.2159.

(g) Unless otherwise required by the department, or as necessary for a complete application for national permit reissuance, upon request, the department shall authorize a clean corporate citizen to submit discharge monitoring reports on an annual basis. This provision does not abrogate the permittee's responsibility to report instances of noncompliance required to be reported by statute, rule, national permit, or enforcement order.

(h) The department shall expedite its response to a request from a clean corporate citizen to use a water treatment additive.

**History**
- *History: 2000 AACS; 2003 AACS.*

##### **Mich. Admin. Code R 323.2194** State Permit Clean Corporate Citizen Benefits {#sec-r-323.2194 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2194}

Rule 2194. An establishment that has been designated as a clean corporate citizen by the department under R 324.1504 is eligible for the following benefits related to state permits:

(a) A clean corporate citizen applying for a new state permit, permit renewal, or permit modification may request the department to accelerate the application review. All of the following provisions apply to the request:

(i) A clean corporate citizen shall request an accelerated review in writing.

(ii) A clean corporate citizen shall submit an administratively complete application under R 323.2108 for the unit to be permitted.

(iii) A clean corporate citizen or its authorized agent shall sign the written request.

(iv) The department shall approve the request for an accelerated permit application review within 15 calendar days after receipt of the request and required information, unless, within the 15-calendar-day period, the request is either denied in writing for cause by the department or an extension of up to 15 additional calendar days is specified in writing by the department. If the department fails to make its decision within the extended time period, then the request for an accelerated permit application review is automatically approved at the end of the extended time period.

(v) If the accelerated permit application review is approved, then the department shall complete a review of the application within 30 calendar days and recommend either that the permit be issued with or without special conditions or that the permit be denied.

(vi) If the department recommends that the permit be issued, then the department shall provide a copy of the draft permit to the applicant and publish the public notice required under R 323.2117. The department shall issue or deny the permit within 15 calendar days after the conclusion of the public comment period, unless substantial new issues are raised during the comment period or hearing.

(vii) If the department recommends that the permit be denied, then the department shall notify the applicant, in writing, of the deficiencies that caused the application to be denied.

The department may extend the 30 day accelerated review period if an extension is requested by the applicant within 10 calendar days to address those deficiencies.

(viii) If an extension is granted, an applicant will have 30 days to address the application deficiencies. If the applicant sufficiently addresses the deficiencies, then the department shall proceed with the issuance of the permit. If the applicant does not sufficiently address the deficiencies, then the department may proceed with permit denial or may place the application in lower priority status to afford the clean corporate citizen additional time to address the deficiencies.

(b) The department may authorize a clean corporate citizen to reduce the required frequency of effluent and groundwater monitoring at an existing facility by up to 50%. All of the following provisions apply to reduced monitoring:

(i) The department may reduce the effluent and groundwater monitoring requirements as outlined in the permit if all of the following criteria are met:

(A) The effluent limits set forth in the permit have been consistently met over a period of 1 year or over 12 sampling events.

(B) The groundwater limits set forth in the permit have been consistently met for 4 consecutive sampling events.

(ii) Upon request by a clean corporate citizen, the department shall provide its decision to reduce effluent and groundwater monitoring within 30 days of receipt of documentation that the criteria specified in subparagraphs (A) to (C) of this paragraph have been met.

(iii) The reduced monitoring specified in writing by the department supersedes the monitoring frequency set forth in the permit. However, upon notice from the department that an effluent or groundwater permit limit has been or is being exceeded, the original sampling frequency as specified in the permit shall immediately resume.

(c) After notice to the department, unless disapproved by the department within 30 days, a clean corporate citizen may reduce the monitoring or reporting requirements, or both, for upgradient wells specified in a permit to a frequency of once per year unless or until either of the following occurs:

(i) An effluent or groundwater permit limit is exceeded. If an exceedance of a permit limit in the effluent or the groundwater as a result of monitoring downgradient wells is found, then a clean corporate citizen shall immediately sample and monitor the upgradient well or wells and analyze the sample in accordance with requirements for sampling and analysis set forth in the permit. A clean corporate citizen shall continue the frequency of monitoring and reporting for the upgradient well or wells in accordance with the permit until the clean corporate citizen can demonstrate to the department that the problem that caused the exceedance has been resolved. Once the clean corporate citizen has demonstrated that the problem that caused the exceedance has been resolved, the clean corporate citizen may request the department to authorize reduced monitoring as specified in this subdivision.

(ii) The permit expires.

(d) After notice to the department, unless disapproved by the department within 45 days, a clean corporate citizen may use a product that is not specified in the current permit if an approved toxicologist certifies that the discharge would not violate the discharge standards in R 323.2222 as a result of using the product. All of the following provisions apply to the use of a product that is not specified in the current permit:

(i) The department may approve a toxicologist for certifying a discharge if the toxicologist meets all of the following qualifications and if proof of the qualifications is provided to the department in writing:

(A) The toxicologist possesses, at a minimum, a Master of Science degree in toxicology.

(B) The toxicologist has at least 1 year of experience conducting toxicological reviews.

(C) The toxicologist has a minimum of 1 year of practical experience in evaluating biological and chemical data to determine the potential impact to humans and other living organisms.

(ii) Except for standards developed under R 323.2222(2)(c)(ii) soil treatment) of the Part 22 rules, a toxicologist who meets all of the criteria in paragraph (i)(A), (B), and (C) of this subdivision may review and certify product changes for a clean corporate citizen if both of the following occur:

(A) The toxicologist follows the procedures in R 323.2220 for determining wastewater characteristics.

(B) The toxicologist certifies that the discharge standards for each chemical constituent determined to be in the discharge meet the limits in R 323.2222.

(iii) The notice in this subdivision shall include copies of all documentation and materials used by the toxicologist to certify the product change.

(iv) If, at anytime after the 45-day period specified in this subdivision, the department determines that the use of a product should be discontinued, then, upon written notification by the department, the clean corporate citizen shall either discontinue use of the product within 30 days or reduce the concentrations of the product to meet the applicable standards in R 323.2222. The clean corporate citizen shall notify the department by the end of the 30 day-period of its decision regarding the use of the product. If the concentration is reduced, the clean corporate citizen shall submit documentation to the department which demonstrates that the reduced concentrations are consistent with the discharge standards in R 323.2222.

(e) R 323.2150 notwithstanding, a clean corporate citizen may petition the department to extend the expiration date for an existing permit for a period of up to 5 years if the clean corporate citizen can demonstrate that its facility has consistently maintained compliance with its permit for the preceding 5 years. All of the following provisions apply to a permit extension:

(i) To receive a permit extension, the clean corporate citizen shall provide all of the following information to the department:

(A) A written request for the permit extension that specifies the duration of the extension.

A clean corporate citizen shall submit the extension request to the department not less than 180 days before the expiration date of the current permit.

(B) A summary of reports on monitoring data and other required facility operations which demonstrates that the facility has consistently complied with its permit requirements for the preceding 5 years.

(C) A certification that the current discharges are fully and accurately represented in the most recent permit application.

(ii) The written request for an extension satisfies the requirements for timely application for permit renewal. If the department determines that the criteria in paragraph (i) of this subdivision has been met, then the department shall extend the expiration date for the permit for the period of time requested, but not for more than 5 years.

(iii) If the department determines that the clean corporate citizen meets the necessary criteria to qualify for a permit extension, then within 30 days of making the determination the department shall publish a public notice stating that the department proposes to extend the existing permit. The notice shall also include the proposed new expiration date.

(iv) The department shall extend the permit expiration date at the end of the public notice period unless either of the following occurs:

(A) The department determines that the clean corporate citizen does not meet the criteria in paragraph (i) of this subdivision.

(B) Based on comments received during the public comment period or other information, the department determines that further review of the permit is needed or that changes to the permit may be needed, or both, before extending the expiration date.

(v) The department shall not extend a permit more than 5 additional years.

(f) A nonmunicipal clean corporate citizen qualifies for a reduction in design reviews for industrial treatment processes by the department. This subdivision pertains to design reviews specified by rules or permit, including, but not limited to, the preliminary basis of designs, new technologies, and alternative treatment systems.

(g) A nonmunicipal clean corporate citizen may construct and utilize wastewater treatment processes to comply with permit requirements without department approval of the plans and specifications for the wastewater treatment process if all of the following provisions are satisfied:

(i) All process equipment is the proper size and type for the intended application.

(ii) Proper staffing, operation, and maintenance requirements have been specified for the facility.

(iii) The facility is designed to meet all permit limits when operated and maintained as specified.

R 323.2195. Termination of benefits.

Rule 2195. Upon termination of a clean corporate citizen designation, the department shall terminate or restrict all benefits provided to a former clean corporate citizen under R 323.2193 and R 323.2194 as provided in this part and as determined by the department.

**History**
- *History: 2000 AACS.*
- *History: 2000 AACS; 2003 AACS.*

##### **Mich. Admin. Code R 323.2196** CAFO permits {#sec-r-323.2196 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2196}

Rule 2196. (1) CAFOs are point sources that require NPDES permits for discharges or potential discharges and require all of the following:

(a) If an operation becomes a CAFO, then the NPDES requirements for CAFOs apply to all animals in confinement at the operation and all production area waste and CAFO process wastewater generated by those animals or the production of those animals, regardless of the type of animal.

(b) All CAFO owners or operators shall apply either for an individual NPDES permit, or a certificate of coverage under an NPDES general permit, unless the owner or operator has received a determination from the department, made after providing notice and opportunity for public comment, that the CAFO has "no potential to discharge" pursuant to subrule (4) of this rule.

(c) The discharge to waters of the state from land application areas is a discharge from the CAFO subject to NPDES permit requirements.

(2) The schedule for permit application, coverage, and renewal shall include all of the following:

(a) A CAFO shall apply for an NPDES permit not later than the effective date of these rules, except as specified in subdivisions (b), (d), or (e) of this subrule.

(b) An existing CAFO, or an existing AFO that becomes a CAFO, that has not had a regulated discharge since January 14, 2000, shall apply for coverage under NPDES general permit no. MIG440000 (effective January 1, 2003), or equivalent document approved by the department, not later than 90 days after notification by the department or by September 1, 2005, whichever is sooner. Before July 1, 2007, all CAFOs that are operating under an equivalent document approved by the department shall apply for an NPDES permit. An existing CAFO or existing AFO is any CAFO or AFO that is constructed and populated before January 30, 2004.

(i) A discharge that causes or contributes to a violation of R 323.1041 to R 323.1117 of the water quality standards.

(ii) A discharge from the process or production area due to precipitation events, either by overland, drainage tiles, or other mechanisms, except the discharge of uncontaminated runoff that does not come into contact with any animals, animal waste, or production area waste.

(iii) A dry-weather discharge, including an accidental release.

(d) Newly constructed CAFOs shall apply for an NPDES permit at least 180 days before commencing operation.

(e) AFOs that become CAFOs after September 1, 2005, shall apply for an NPDES permit at least 180 days before becoming a CAFO.

(f) For AFOs that are designated as CAFOs per subrule (3), the CAFO shall apply for an NPDES permit no later than 90 days after receiving notification of the designation.

(g) Not later than 180 days before the expiration of the permit or equivalent document approved by the department, the permittee shall submit an application to renew its permit.

However, the permittee need not continue to seek continued permit coverage or reapply for a permit if both of the following conditions are true:

(i) The facility has ceased operation or is no longer a CAFO.

(ii) The permittee has demonstrated to the satisfaction of the department that there is no remaining potential for a discharge.

(3) In designating an AFO as a CAFO, the following apply:

(a) The department may designate any AFO as a CAFO upon determining that it is a significant contributor of pollutants to waters of the state. In making this designation, the department shall consider all of the following factors:

(i) The size of the AFO and the amount of production area waste and CAFO process wastewater reaching waters of the state.

(ii) The location of the AFO relative to waters of the state.

(iii) The means of conveyance of production area waste and CAFO process wastewater into waters of the state.

(iv) The slope, vegetation, rainfall, and other factors affecting the likelihood or frequency of discharge of production area waste and CAFO process wastewater into waters of the state.

(v) Other relevant factors.

(b) An AFO shall not be designated under this subrule unless the department has conducted an inspection of the operation.

(c) An AFO with numbers of animals below those established in R 323.2103(m) shall not be designated as a CAFO unless either of the following occurs:

(i) Pollutants are discharged from the production area into waters of the state through a manmade ditch, pipe, tile, swale, flushing system, or other similar manmade conveyance.

(ii) Pollutants are discharged from the production area directly into waters of the state which originate outside of the facility and pass over, across, or through the facility or otherwise come into direct contact with the animals confined in the operation.

(4) In making determinations for no potential to discharge for large CAFOs, all of the following apply:

(a) The department, upon request, may make a determination that a specific large CAFO has no potential to discharge pollutants to waters of the state. In making this determination, the department shall consider the potential for discharges from both the production area and any land application areas. The department shall also consider any record of prior discharges by the CAFO. In no case may the CAFO be determined to have no potential to discharge if it has had a discharge within 5 years before the date of the request submitted under subdivision (b) of this subrule. For purposes of this rule, the term 'no potential to discharge' means that there is no potential for any CAFO production area waste or CAFO process wastewater to be added to waters of the state under any circumstance or climatic condition. A determination that there is no potential to discharge only relates to discharges of production area waste and CAFO process wastewater covered by this rule.

(b) In requesting a determination of no potential to discharge, the CAFO owner or operator shall submit any information that will support such a determination. Such information shall include all of the information specified in 40 C.F.R. §§122.21(f) and (i)(1)(i) to (ix) (2003) and include documentation showing that the CAFO has been verified under the livestock system of the Michigan agriculture environmental assurance program (MAEAP), or successor program, if such a program is available. The department has discretion to require additional information to supplement the request, and may alsogather additional information through physical inspection of the CAFO.

(c) Before making a final decision to grant a no potential to discharge determination, the department shall issue a notice to the public stating that a no potential to discharge request has been received. This notice shall be accompanied by a fact sheet which includes the following, if applicable:

(i) A brief description of the type of facility or activity which is the subject of the no potential to discharge determination.

(ii) A brief summary of the factual basis, upon which the request is based, for granting the no potential to discharge determination.

(iii) A description of the procedures for reaching a final decision on the no potential to discharge determination. The department shall base the decision to grant a no potential to discharge determination on the administrative record, which includes all information submitted in support of or against a no potential to discharge determination and any other data gathered by the department. The department shall notify any CAFO seeking a no potential to discharge determination of its final determination within 180 days of receiving the request.

(d) The owner or operator shall request a no potential to discharge determination by the applicable permit application dates. If the department's final decision is to deny the no potential to discharge determination, then the owner or operator shall seek coverage under a permit within 30 days after notice of the denial.

(e) The no potential to discharge determination does not relieve the CAFO from the consequences of an actual discharge. Any unpermitted CAFO that discharges pollutants into the waters of this state is in violation of the act even if it has received a no potential to discharge determination from the department. Any CAFO that has received a determination of no potential to discharge, but who anticipates changes in circumstances that could create the potential for a discharge, shall contact the department and apply for and obtain NPDES permit authorization prior to the change of circumstances. If any CAFO that has received a determination of no potential to discharge has unanticipated changes in circumstances that could create the potential for a discharge, then the CAFO shall immediately notify the department and submit a complete application for coverage under an NPDES permit within 30 days after the change in circumstances.

(f) Where the department has issued a determination of no potential to discharge, the department retains the authority to subsequently require NPDES permit coverage for any of the following:

(i) If circumstances at the facility change.

(ii) If new information becomes available.

(iii) If there is another reason for the department to determine that the CAFO has a potential to discharge.

(g) Notwithstanding any other provision of this section, a CAFO that has received a no potential to discharge determination from the department is not required to seek coverage under an NPDES permit that would otherwise be required.

(5) CAFO NPDES permits shall include all of the following:

(a) A requirement to develop and implement a comprehensive nutrient management plan (CNMP). The CNMP shall be approved by a certified CNMP provider. At a minimum, a CNMP shall include best management practices and procedures necessary to implement applicable effluent limitations and technical standards established by the department including all of the following:

(i) Ensure adequate storage of production area waste and CAFO process wastewater, including procedures to ensure proper operation and maintenance of the storage facilities.

(ii) Ensure proper management of mortalities and ensure that they are not disposed of in a liquid manure, storm water, or CAFO process wastewater storage or treatment system.

(iii) Ensure clean water is diverted from the production area.

(iv) Prevent direct contact of confined animals with waters of the state.

(v) Ensure chemicals and other contaminants handled at the CAFO, that are not part of the normal agricultural practice at the production area, are not disposed of in any production area waste, CAFO process wastewater, or storm water storage or treatment system.

(vi) Identify specific conservation practices to control runoff of pollutants to waters of the state.

(vii) Identify protocols for testing of production area waste, CAFO process wastewater, and soil.

(viii) Conduct a field-by-field assessment of land application areas and address the form, source, amount, timing, rate, and method of application of nutrients to demonstrate that land application of production area waste or CAFO process wastewater is in accordance with field-specific nutrient management practices that ensures proper agricultural utilization of the nutrients in the production area waste or CAFO process wastewater. The assessment shall take into account field-specific conditions including locations of tile outlets, tile risers, and tile depth before land application to determine suitability of land application and to prevent discharge of any potential polluting material.

(ix) Ensure proper land application by complying with all of the following conditions:

(A) Production area waste and CAFO process wastewater shall not be land-applied on ground that is flooded, saturated with water, frozen, or snow-covered where the production area waste and CAFO process wastewater may enter waters of the state.

(B) Production area waste and CAFO process wastewater shall not be applied to frozen or snow-covered ground unless it is subsurface injected and there is substantial soil coverage of the applied production area waste and CAFO process wastewater, or it is surface-applied and incorporated within 24 hours.

(C) Production area waste and CAFO process wastewater may be surface-applied to frozen or snow-covered ground and not incorporated within 24 hours only if there is a fieldby-field demonstration in the CNMP showing that such land application will not result in a situation where production area waste and CAFO process wastewater may enter waters of the state.

(D) Production area waste and CAFO process wastewater shall not be applied when precipitation exceeding ½ inch is forecast within 24 hours or if precipitation is forecast that may cause the production area waste and CAFO process wastewater to enter waters of the state.

(E) On ground that is not frozen or snow-covered, production area waste and CAFO process wastewater, if not subsurface-injected, shall be incorporated into the soil within 24 hours of application except on no-till fields.

(x) Identify specific records that will be maintained to document the implementation and management of the CNMP.

(b) A copy of the CAFO's CNMP shall be maintained at the CAFO and made available to the department on request. In addition, the executive summary shall be submitted to the department.

(c) A prohibition on dry weather discharges from the CAFO except in accordance with 40 C.F.R. §412.31(a)(2) (2003) or 40 C.F.R. §412.46(d) (2003).

(d) Storm water discharges from land areas under the control of a CAFO where production area waste or CAFO process wastewater has been applied in compliance with field-specific nutrient management practices developed in accordance with R 323.2196(5)(a), and such discharges do not cause or contribute to a violation of water quality standards, are in compliance with this rule, provided such discharges are authorized by an NPDES permit.

(e) Unless the department determines otherwise, in cases where production area waste or CAFO process wastewater is sold, given away, or otherwise transferred to other persons (recipient) and the land application of that production area waste or CAFO process wastewater is not under the operational control of the CAFO owner or operator that generates the production area waste or CAFO process wastewater (generator), a manifest shall be used to track the transfer and use of the production area waste or CAFO process wastewater.

(i) The CAFO owner or operator shall do all of the following:

(A) Prepare a manifest for tracking the production area waste or CAFO process wastewater before transferring the production area waste or CAFO process wastewater.

(B) Designate on the manifest the recipient of the production area waste or CAFO process wastewater.

(ii) The generator shall use a manifest form which is approved by the department and which has locations for recording all of the following information:

(A) A manifest document number.

(B) The generator's name, mailing address, and telephone number.

(D) The nutrient content of the production area waste or CAFO process wastewater to be used in determining the appropriate land application rates.

(E) The total quantity of production area waste or CAFO process wastewater by units of weight or volume and the number and size of the loads or containers used to transfer that quantity of production area waste or CAFO process wastewater.

(F) A statement that informs the recipient of his or her responsibility to properly manage the land application of the manure and/or wastewater to minimize the discharge of pollutants to waters of the state.

(G) The following certification: "I hereby declare that the production area waste or CAFO process wastewater is accurately described above and is suitable for land application."

(H) Other certification statements as may be required by the department.

(I) Address or other description for the final destination of the production area waste or CAFO process wastewater.

(J) Locations for dates and signatures.

(iii) The generator shall do all of the following with respect to the manifest:

(A) Sign the manifest certification by hand.

(B) Obtain the handwritten signature of the recipient and the date of acceptance on the manifest.

(D) Give the remaining copies to the recipient.

(E) Advise the recipient of his or her responsibilities to complete the manifest and return a copy to the generator within 30 days after completion of the land application or other disposal or use of the production area waste or CAFO process wastewater.

(iv) One manifest may be used for multiple loads or containers of the same production area waste or CAFO process wastewater transferred to the same recipient.

(v) The generator shall not sell, give away, or otherwise transfer production area waste or CAFO process wastewater to a recipient if any of the following occurs:

(A) The recipient has previously not returned a copy of the completed manifest to the generator.

(B) The returned manifest indicates improper land application, use, or disposal.

(C) The generator has been advised by the department that the department or a court of appropriate jurisdiction has determined that the recipient has improperly land-applied, used, or disposed of a manifested production area waste or CAFO process wastewater.

(D) The recipient fails or refuses to provide accurate information on the manifest in a timely manner.

(vi) If the generator has been prohibited from selling, giving, or otherwise transferring large CAFO waste to a particular recipient under paragraph (v), above, and the generator wishes to resume selling, giving, or otherwise transferring large CAFO waste to that particular recipient, then the one of the following shall be accomplished:

(A) For improper paperwork only, such as incomplete or inaccurate information on the manifest, the recipient must provide the correct, complete information.

(B) For improper land application, use, or disposal of the large CAFO waste by the recipient, the generator must demonstrate, in writing, to the department that the improper land application, use, or disposal has been corrected, and the department has provided approval of the demonstration.

(vii) All copies of manifests shall be kept with the CAFO owner or operator's CNMP for a minimum of 5 years.

(viii) The requirements of this rule do not apply to quantities of production area waste or CAFO process wastewater less than 1 pick-up truck load, 1 cubic yard, or 1 ton per recipient per day.

(f) A requirement that the CAFO owner or operator shall submit annual reports to the department. The annual report shall include, but is not limited to, all of the following:

(i) The number and type of animals, whether in open confinement or housed under roof (beef cattle, broilers, layers, swine weighing 55 pounds or more, swine weighing less than 55 pounds, mature dairy cows, dairy heifers, veal calves, sheep and lambs, horses, ducks, and turkeys).

(ii) Estimated amount of total production area waste and CAFO process wastewater generated by the CAFO in the previous 12 months (tons/gallons).

(iii) Estimated amount of total production area waste and CAFO process wastewater transferred to another person by the CAFO in the previous 12 months (tons/gallons).

(iv) Total number of acres for land application covered by the CNMP developed in accordance with subdivision (a) of this subrule.

(v) Total number of acres under control of the CAFO that were used for land application of production area waste and CAFO process wastewater in the previous 12 months.

(vi) Summary of all production area waste and CAFO process wastewater discharges from the production area that have occurred in the previous 12 months, including date, time, and approximate volume.

(vii) A statement indicating whether the current version of the CAFO's CNMP was developed or approved by a certified CNMP provider.

**History**
- *History: 2005 AACS.*

##### **Mich. Admin. Code R 323.2197** Cooling water intake structures {#sec-r-323.2197 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2197}

Rule 2197. For a facility with cooling water intake systems regulated under 40 C.F.R. §125.91, the following controls apply:

(a) A facility that withdraws cooling water from a connecting water of the Great Lakes shall be subject to entrainment performance standards at §125.94(b)(2).

(b) A facility that withdraws cooling water from a waterway with open fish passage to 1 of the Great Lakes and is located within 30 miles of the lake, but does not withdraw cooling water from a Great Lake or a connecting water of the Great Lakes, shall be subject to entrainment performance standards at §125.94(b)(2) if the director determines that such regulation is appropriate to prevent significant impact to Great Lakes' fish or shellfish populations caused by entrainment.

**History**
- *History: 2006 AACS.*

### **R 323.2201 to R 323.2240** Water Resources Protection -- Part 22. Groundwater Quality

##### **Mich. Admin. Code R 323.2201** Purpose; scope {#sec-r-323.2201 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2201}

DEPARTMENT OF ENVIRONMENTAL QUALITY

ENVIRONMENTAL RESPONSE DIVISION

GENERAL RULES

(By authority conferred on the water resources commission by sections 2 and 5 of Act No. 245 of the Public Acts of 1929, as amended, sections 33 and 63 of Act No. 306 of the Public Acts of 1969, as amended, and Executive Order No. 1976-8a, being §§323.2, 323.5, 24.233, and 24.263 of the Michigan Compiled Laws)

PART 22. GROUNDWATER QUALITY

Rule 2201. As used in these rules:

(a) "Act" means Act No. 451 of the Public Acts of 1994, as amended, being section 324.101 et. seq. of the Michigan Compiled Laws, and known as the natural resources and environmental protection act.

(b) "Additive" means a substance added to water to enhance its effectiveness for uses such as, but not limited to, cleaning, disinfecting, heating, and cooling. A substance may be added to water directly or indirectly by being added to a process in such a way that it becomes a constituent of the wastewater.

(c) "Aquifier" means a geological formation, group of formations, or partof a formation capable of yielding significant quantities of groundwater to wells or springs.

(d) "Background groundwater quality" means the concentration or level of asubstance in groundwater within an aquifer and hydraulically connected aquifers at the site receiving a discharge, if the aquifer has not been impacted by a discharge caused by human activity.

(e) "Cluster well" means a grouping of more than 1 well at a single location where the screen for each well in the group is set either at a different depth within the same aquifer or set in different aquifers separated by a confining or semi-confining layer.

(f) "Controlled application" means the noninjurious application of a substance for its intended purpose in accordance with the manufacturer's recommendations or normally accepted or regulated practices.

(g) "Department" means the department of environmental quality or a local health department that has been certified to exercise the pertinent authority under R 323.2209.

(h) "Designated wellhead protection area" means a specific geographic area which is approved by the department as the surface and subsurface area surronding a water well or well field that supplies a public water system and through which contaminants are reasonably likely to move toward and reach the water well or well field.

(i) "Discharge" means any direct or indirect discharge of any of the following into the groundwater or on the ground:

(i) Waste.

(ii) Waste effluent.

(iii) Wastewater.

(iv) Pollutant.

(v) Cooling Water.

(vi) A combination of the items specified in paragraphs (i) to (v) of this subdivision.

(j) "Discharger' means a person who directly or indirectly discharges any of the following into the groundwater or on the ground:

(i) Waste.

(ii) Waste Effluent.

(iii) Wastewater.

(iv) Pollutant.

(v) Cooling water.

(vi) A combination of the itmes specified in paragraphs (i) to (v) of this subdivision.

For a treatment facility that has been or is being closed, the discharger is the person who formerly discharged at the site while using the facility or is the owner of the facility, or both.

(k) "Domestic activity" means an activity which normally takes place as a result of occupying a household, but which does not include a commercial or industrial activity conducted in a household.

(1) "Domestic equivalent activity" means an activity at a commercial, municipal, or industrial facility, such as lawn watering, that is comparable to a domestic activity.

(m) "Effluent" means waste or wastewater during or subsequent to treatment but before discharge.

(n) "Existing groundwater quality" means the concentration or level of a substance in groundwater within an aquifer and hydraulically connected aquifers at the site receiving the discharge whether or not it is impacted by human activity. A discharge or release by the applicant or a predecessor in interest of the applicant cannot be considered in determining existing groundwater quality.

(o) "General purpose floor drain" means a point source, such as a pipe, conduit, or other conveyance, that originates in a structure and discharges, or is capable of discharging, a release defined by part 201 or waste or wastewater not authorized under these rules eigher directly or indirectly to the ground or groundwater.

(p) "Groundwater" means water below the land surface in a zone of saturation.

(q) "Hydrogeological report" means a document presenting and interpreting field information or published hydrogeologic information, or both, gathered at a location for the purpose of describing the existing hydrogeologic conditions and predicting the potential impact on waters of the state from a discharge at the location.

(r) "Influent" means the wastewater received by or generated at a facility before treatment.

(s) "Injurious" means any damage to or change in the condition of background groundwater quality that causes or may cause groundwater to no longerbe fit for 1 or more protected uses.

(t) "Local health department" means a county, district, or city health department.

**History**
- *History: 1980 AACS; 1998-2000 AACS*

##### **Mich. Admin. Code R 323.2202** Definitions; M to P {#sec-r-323.2202 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2202}

Rule 2202. As used in these rules:

(a) "Monitoring well" means a well that is specifically designed and located to allow for the collection of hydrogeologic data and represent- ative samples in order to measure the impact of a discharge on groundwater.

(b) "Noncontact cooling water" means water used for cooling that does not come into direct contact with any of the following:

(i) Raw material.

(ii) Intermediate product.

(iii) By-product.

(iv) Waste product.

(v) Finished product.

(c) "Nuisance conditions" means conditions that cause a substantial unreasonable interference with another person(s) use or enjoyment of the person's property, including but not limited to, interference caused by any of the following:

(i) Odors.

(ii) Vectors.

(iii) Noise.

(iv) Pathogens.

(v) Changes in aesthetic qualities of groundwater.

(d) "Observation well" means a well that is specifically designed and located to allow for the determination of existing hydrogeological conditions.

(e) "Parameters" means the specific characteristics describing the physical, chemical, biological, and radiological conditions of influent, effluent, or groundwater.

(f) "Part 31" means part 31 of the act, water resources protection, being §§324.3101 to 324.3119 of the Michigan Compiled Laws.

(g) "Part 111" means part 111 of the act, hazardous waste management, being §§324.11101 to 324.11152 of the Michigan Compiled Laws.

(h) "Part 115" means part 115 of the act, solid waste management, being §§324.11501 to 324.11549 of the Michigan Compiled Laws.

(i) "Part 201" means part 201 of the act, environmental remediation, being §§324.20101 to 324.20141 of the Michigan Compiled Laws.

(j) "Part 213" means part 213 of the act, leaking underground storage tanks, being §§324.21301 to 324.21331 of the Michigan Compiled Laws.

(k) "Part 615" means part 615 of the act, supervisor of wells, being §§324.61501 to 324.61527 of the Michigan Compiled Laws.

(l) "Person" means an individual, partnership, corporation, association, governmental entity, or other legal entity.

(m) "Pollutant" means any substance that may adversely affect a protected use of waters of the state.

(n) "Protected uses" means uses of groundwater and interests related to groundwater quality specified in section 3109(1) of the act including all of the following uses:

(i) Public health, safety, and welfare.

(ii) Domestic, commercial, industrial, agricultural, recreational, and other uses that are being made or may be made of groundwater.

(iii) The value or utility of riparian lands.

(iv) Livestock, wild animals, birds, fish, and aquatic life or plants or the growth or propagation of, and the value in, livestock, wild animals, birds, fish, and aquatic life or plants.

**History**
- *History: 1980 AACS; 1998-2000 AACS*

##### **Mich. Admin. Code R 323.2203** Definitions; R to W {#sec-r-323.2203 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2203}

Rule 2203. As used in these rules:

(a) "Remediation plan" means a remedial action plan approved by the department under part 115, 201, or 615, a corrective action plan prepared by the qualified consultant and certified professional under part 213, or a corrective action plan or closure plan approved by the department under part 111.

(b) "Sanitary sewage" means treated or untreated wastes that contain only human metabolic wastes or wastes generated and discharged as a result of domestic or restaurant activities.

(c) "Secondary containment facility" means a unit, other than the primary container in which polluting material is packaged or held, which is designed and constructed so that the polluting material cannot escape from the unit by gravity through sewers, drains, or other means directly or indirectly into a sewer system or to the waters of the state.

(d) "Solum" means soil from the surface to a maximum depth of 60 inches.

(e) "Standard" means an effluent or groundwater quality standard established under R 323.2222.

(f) "Substance" means any of the following that may be injurious or that can be used as a parameter to determine water quality:

(i) A naturally occurring or human-produced chemical.

(ii) A solid, liquid, semisolid, dissolved solid or gaseous material.

(iii) A virus or biological organism.

(iv) A metabolite, degradation product, or waste product.

(g) "Surface water" means all waters of the state excluding groundwater, but does not include drainageways and ponds used solely for wastewater conveyance, treatment, or control.

(h) "Total inorganic nitrogen" means the total of ammonia plus nitrate plus nitrite expressed as nitrogen.

(i) "Totals analysis" means the concentration of a substance in a medium such as soil or sediments based on the weight of the substance per dry weight of the medium and usually expressed in milligrams of the substance per kilogram dry weight of the medium.

(j) "Unusable aquifer" means an aquifer that is not a usable aquifer.

(k) "Usable aquifer" means an aquifer, or that portion of a formation hydraulically connected to an aquifer, that is capable of providing water in sufficient quantity and of satisfactory quality to serve 1 or more protected uses. Usable aquifers do not include aquifers from which minerals, oil, or gas is extracted or fluids are injected and regulated by part 615 or part 625 of the act, mineral wells, being §§324.62501 to 324.62518 of the Michigan Compiled Laws.

(l) "Venting" means the recharging of surface water by groundwater.

(m) "Unsaturated soil column" means the depth of unconsolidated material from the ground surface to the top of the highest seasonal groundwater table.

(n) "Waste" means any waste, wastewater, waste effluent, or pollutant that is discharged into water, including any of the following:

(i) Industrial, municipal, and agricultural waste.

(ii) Dredged spoil.

(iii) Solid waste.

(iv) Incinerator residue.

(v) Sewage.

(vi) Garbage.

(vii) Sewage sludge.

(viii) Munitions.

(ix) Chemical wastes.

(x) Biological materials.

(xi) Radioactive materials.

(xii) Heat.

(xiii) Wrecked or discarded equipment.

(xiv) Rock.

(xv) Sand.

(xvi) Cellar dirt.

(o) "Wastewater" means liquid waste discharged directly or indirectly into the waters of the state or onto the ground that results from industrial and commercial processes or municipal operations, including liquid or water- carried process waste, cooling and condensing waters, and sanitary sewage.

(p) "Waters of the state" means any of the following:

(i) Groundwater.

(ii) Lakes, including the Great Lakes bordering the state.

(iii) Rivers.

(iv) Streams.

(v) All other water courses and bodies of water within the jurisdiction of the state, including wetlands as defined by part 303 of the act, wetlands protection, being §§324.30301 to 324.30323 of the Michigan Compiled Laws.

(q) "Well" means a properly designed and constructed hydraulic structure that permits the measurement or withdrawal of groundwater from an aquifer.

**History**
- *History: 1979 ACS 3, Eff. Aug. 30, 1980; 1999 AACS; 1998-2000 AACS*

##### **Mich. Admin. Code R 323.2204** Discharge requirements {#sec-r-323.2204 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2204}

Rule 2204.(1) A person may discharge provided the requirements of this rule are met.

(2) To be authorized under this part, a person shall comply with the following discharge requirements unless otherwise specifically provided:

(a) The discharge shall not be, or not be likely to become, injurious.

(b) The discharge shall not cause runoff to, ponding on, or flooding of adjacent property, shall not cause erosion, and shall not cause nuisance conditions.

(c) The point of discharge shall be located not less than 100 feet inside the boundary of the property where the discharge occurs, unless the discharge is authorized in R 323.2210, R 323.2211, or R 323.2213 or unless a lesser distance is specifically approved by the department in the authorization issued under these rules.

(d) Except for a discharge authorized by R 323.2210, the discharge shall be isolated from water supply wells as follows:

(i) For a discharge authorized by R 323.2211, R 323.2213, R 323.2215, or R 323.2216, the discharge shall be a minimum of 200 feet from a type I or type IIa water supply well, 75 feet from a type IIb or III water supply well in accordance with Act No. 399 of the Public Acts 1976, as amended, being §325.1001 et seq. of the Michigan Compiled Laws, and known as the safe drinking water act, and 50 feet from any domestic well in accordance with part 127 of Act No. 368 of the Public Acts of 1978, as amended, being §§333.12701 to 333.12715 of the Michigan Compiled Laws. The department may require a lesser or greater isolation distance in an individual case based on groundwater flow direction, volume, and constituents of contamination of the discharge; geological, surface, and other site conditions; and the degree of threat to the well or wells.

(ii) For a discharge authorized by R 323.2218, the discharge shall be a minimum of 2,000 feet from a type I or type IIa water supply well, 800 feet from a type IIb or III water supply well in accordance with Act No. 399 of the Public Acts 1976, as amended, being §325.1001 et seq. of the Michigan Compiled Laws, and known as the safe drinking water act, and 300 feet from a domestic well in accordance with part 127 of Act No. 368 of the Public Acts of 1978, as amended, being §§333.12701 to 333.12715 of the Michigan Compiled Laws. The department may authorize a lesser or greater isolation distance in an individual case based on groundwater flow direction, volume, and constituents of the discharge; geological, surface, and other site conditions; and the degree of threat to the well or wells.

(e) The discharge shall be consistent with the requirements of R 323.1041 to R 323.1117.

(f) Except for a discharge authorized under R 323.2222(7)(b) or R 323.2224(2), the discharge shall not create a facility as defined in part 201.A discharge authorized under R 323.2218 for which compliance is measured only in groundwater will not be considered a facility under this provision based on a measurement between the point of discharge and a point of compliance determined according to R 323.2224(1).

(3) For a discharge to meet the requirements of section 3112(1) of the act, authorization must be granted in conformance with the applicable procedural requirements of R 323.2208 and a person shall be authorized by 1 or more of the following:

(a) An exemption established by R 323.2210.

(b) A permit by rule established in R 323.2211 or R 323.2213.

(d) A permit issued under R 323.2216 or R 323.2218.

**History**
- *History: 1980 AACS; 1998-2000 AACS*

##### **Mich. Admin. Code R 323.2205** Discharge prohibitions {#sec-r-323.2205 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2205}

Rule 2205. (1) A person shall not discharge without an authorization under R 323.2204.

(2) A person shall not discharge through a general purpose floor drain unless authorized by R 323.2210(v) or under R 323.2215 or R 323.2218.

(3) A person shall not discharge wastewater originating from a structure within 200 feet of an available public sanitary sewer system, except for a discharge of noncontact cooling water or a discharge from a groundwater remediation activity. For sanitary sewage, an available public sanitary sewer system is defined by section 12751(a) of Act No. 368 of the Public Acts of 1978, as amended, being R333.12751(a) of the Michigan Compiled Laws. For any other discharge, the department shall make a determination of availability based on the ability of the public sanitary sewer system to treat the wastewater and the costs associated with providing the treatment. Except for sanitary sewage, this subrule does not apply to an existing discharge authorized under the provisions of part 31 at the time of adoption of these rules.

**History**
- *History: 1980 AACS; 1998-2000 AACS*

##### **Mich. Admin. Code R 323.2206** Applicant responsibilities; compliance schedule; standard for municipal wastewater treatment system; renewal, reissuance, or modification of permit establishing effluent or groundwater limitations {#sec-r-323.2206 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2206}

Rule 2206. (1) It is the responsibility of the applicant to provide the information described in these rules as required or necessary for the department to make a decision.

(2) Failure to comply with the terms and conditions of an authorization to discharge granted under this part, failure to comply with an applicable monitoring or reporting requirement, or discharging in excess of an applicable standard is a violation of this part.

(3) The department shall compile and keep on file a central quarterly listing of all dischargers who have exceeded a standard set by these rules for the concentration of a substance in the effluent or groundwater or who have failed to submit a complete compliance monitoring report as required by a permit. The listing shall identify the discharger and the substance or substances that exceeded the effluent or groundwater standard. In addition, the department shall also maintain records describing the actions taken by the department and the discharger in response to an effluent or groundwater standard being exceeded and the time necessary in each case to return the concentration of the substance in the effluent or groundwater to below the standard set by these rules. The listings and records are subject to Act No. 442 of the Public Acts of 1976, as amended, being §15.231 et seq. of the Michigan Compiled Laws, and known as the freedom of information act.

(4) If necessary to secure compliance with this part by a person discharging to groundwater on the effective date of these rules without causing impracticable disruption of the activity causing the discharge, the department may establish a schedule in a permit under which the discharger shall come into compliance with this part during the term of the permit. The department may not authorize a discharge under this subrule unless the discharge meets the requirements of R 323.2204(2)(a).

(5) A wastewater treatment system shall not be subject to a more stringent standard than that contained in a permit during the depreciation or amortization of the facility for the purposes of section 167 or 169, or both, of the tax reform act of 1986, as amended, 26 U.S.C. §167 or §169, or both, but not longer than 10 years from the date of permit issuance, if the treatment system meets all of the following conditions:

(a) The discharge is appropriately characterized as described in R 323.2220.

(b) The treatment system is constructed after the effective date of these rules to meet all applicable standards described in R 323.2222.

(d) The discharge does not create a facility as defined in part 201 at any time during the term described in this subrule.

(6) In the case of effluent or groundwater limitations established under a permit issued by the department before the effective date of these rules, a permit may not be reissued or modified on the basis of a standard described in R 323.2222 that is less stringent than the comparable effluent or groundwater limitation in the previous permit. This restriction does not apply to a standard developed under R 323.2222(2)(c). The department may grant an exception to this subrule, taking into account the state?s paramount concern for the protection of its natural resources or the public trust in those resources from pollution, impairment, or destruction, if 1 of the following provisions applies:

(a) A less stringent standard is necessary because of events over which the discharger does not have control and for which there is no available remedy.

(b) The discharger has installed the treatment facilities required to meet the limitation in the previous permit and has properly operated and maintained the facilities, but has been unable to achieve the previous limitation. In this situation, the reissued or modified permit shall contain a standard that reflects the level of pollutant control actually achieved if the standard is not less stringent than would otherwise be required by R 323.2222.

(c) The discharger demonstrates, and the department finds, that the limitation in the prior permit is not economically achievable. In making this demonstration, the discharger shall demonstrate that the cost of maintaining treatment capability and controls in place is not a feasible and prudent alternative to the use of the standard specified in R 323.2222. The department shall specifically solicit public comments on the demonstration in the public notice accompanying the proposed permit reissuance or modification.

(d) The standard specified in R 323.2222 is less stringent than the prior limitation because the risk posed by the substance has been reevaluated based on new scientific information.

**History**
- *History: 1980 AACS; 1998-2000 AACS*

##### **Mich. Admin. Code R 323.2207** Designated wellhead protection area {#sec-r-323.2207 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2207}

Rule 2207. (1) For a discharge in a designated wellhead protection area, the department shall do both of the following:

(a) Notify a person seeking authorization under R 323.2211 to R 323.2218 that the proposed discharge is in a designated wellhead protection area.

(b) Notify the pertinent public water supply system manager and local health department that a discharge proposed under R 323.2211 to R 323.2218 is in a designated wellhead protection area.

(2) A discharger in a designated wellhead protection area shall do both of the following:

(a) Provide, to the public water supply system manager, a copy of each monitoring report provided to the department under R 323.2225 or R 323.2227.

(b) Notify the pertinent public water supply system manager when a discharge has exceeded an applicable standard. The notification shall be made within 48 hours of a determination by the discharger that an applicable standard has been exceeded.

**History**
- *History: 1980 AACS; 1998-2000 AACS*

##### **Mich. Admin. Code R 323.2208** Procedural requirements for authorization to discharge {#sec-r-323.2208 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2208}

Rule 2208.(1) The procedural requirements for the issuance of wastewater discharge permits contained in part 21 of the rules implementing part 31 pertaining to a state permit, being R 323.2101 to R 323.2192, apply to an authorization to discharge as specified in this rule.

(2) For an authorization provided under R 323.2210, the requirements pertaining to a state permit contained in R 323.2102 to 323.2105, R 323.2127, R 323.2149, R 323.2155, and R 323.2160 apply unless the requirements are inconsistent with the terms of this part.

(3) For an authorization provided under R 323.2211 and R 323.2213, the requirements pertaining to a state permit contained in R 323.2102 to R 323.2105, R 323.2114, R 323.2127, R 323.2149, R 323.2151, R 323.2155, and R 323.2169 apply unless the requirements are inconsistent with the terms of this part.

(4) For an authorization provided under R 323.2215, the requirements pertaining to a state permit contained in R 323.2102 to R 323.2105, R 323.2115, R 323.2117 to R 323.2119, R 323.2121, R 323.2122, R 323.2126, R 323.2127, R 323.2130, R 323.2131, R 323.2149, R 323.2150, R 323.2155, R 323.2159, R 323.2160, and R 323.2162 to R 323.2186 and the requirements pertaining to a permit contained in R 323.2191 and R 323.2192 apply unless the requirements are inconsistent with the terms of this part.

(5) For an authorization provided under R 323.2216, requirements pertaining to a state permit contained in R 323.2102 to R 323.2105, R 323.2106, R 323.2108, R 323.2112, R 323.2114, R 323.2115, R 323.2117, R 323.2124, R 323.2126, R 323.2127, R 323.2130, R 323.2131, R 323.2145 to R 323.2147, R 323.2149 to R 323.2151, R 323.2155, R 323.2159, R 323.2160, and R 323.2162 to R 323.2186 apply unless the requirements are inconsistent with the terms of this part.

(6) For an authorization provided under R 323.2218, the requirements pertaining to a state permit contained in R 323.2102 to R 323.2105, R 323.2106, R 323.2108, R 323.2112, R 323.2114, R 323.2115, R 323.2117, R 323.2119, R 323.2121, R 323.2122, R 323.2124, R 323.2126, R 323.2127, R 323.2130, R 323.2131, R 323.2145 to R 323.2147, R 323.2149 to R 323.2151, R 323.2155, R 323.2159, R 323.2160, and R 323.2162 to R 323.2186 apply unless the requirements are inconsistent with the terms of this part.

**History**
- *History: 1980 AACS; 1998-2000 AACS*

##### **Mich. Admin. Code R 323.2209** Department authorization of local health department to conduct certain activities {#sec-r-323.2209 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2209}

Rule 2209. (1) The department may authorize a local health department to conduct the following activities for the department if the conditions in subrule (2) of this rule are met:

(a) Inspect facilities authorized to discharge under this part or facilities discharging in violation of this part and notify the owner or operator of the facility of violations of this part.

(b) Recommend to the department a decision on an authorization described in R 323.2215 and R 323.2216. Before making the recommendation, the local health department shall follow the procedures described in this part.

(2) To be authorized for the activities described in subrule (1) of this rule, a local health department shall be in compliance with all of the following provisions:

(a) Possess adequate legal authority to conduct the activities authorized.

(b) Possess sufficient funding and adequately trained and experienced staff, as determined by the department, to fully and competently perform the activities to be authorized.

(3) The department shall authorize a local health department to conduct activities under this rule pursuant to all of the following procedures:

(a) To request authorization, a local health department shall provide information determined necessary, and in a manner and at a time specified, by the department. In requesting authorization, the local health department may apply to conduct some or all activities described in subrule (1)(a) of this rule or subrule (1)(b) of this rule, or both.

(b) If the local health department meets the qualifications in subrule (2) of this rule, then the department shall issue a document describing the activities authorized and the terms and conditions of the authorization.

(c) The department shall provide funds, as may be available through monies appropriated for this purpose by the legislature, to assist a local health department in conducting the activities authorized under this rule.

(d) The department may revoke the authority issued under this rule if a local health department fails to meet the conditions described in subrule (2) of this rule.

(e) A local health department may relinquish authority granted by the department under this rule by written notice to the department.

(4) The department may continue to exercise all of its authority granted by the act and this part notwithstanding a grant of authority to a local health department under this rule.

(5) The department shall provide assistance and training to local health departments authorized under this rule in order to ensure effective and consistent implementation of this part.

**History**
- *History: 1980 AACS; 1998-2000 AACS*

##### **Mich. Admin. Code R 323.2210** Items permitted to be discharged without permit {#sec-r-323.2210 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2210}

Rule 2210. A person may discharge the following without a permit that would otherwise be required by part 31 if the discharge meets the requirements of R 323.2204:

(a) Sanitary sewage in either of the following circumstances if the sanitary sewage is not mixed with other waste:

(i) The discharge is less than 1,000 gallons per day and the disposal system is approved by the county, district, or city health department that has jurisdiction in accordance with either the requirements of the local sanitary code or the provisions of the publication entitled “Michigan Criteria for Subsurface Sewage Disposal,” April 1994. Copies of the publication may be obtained without charge at the time of adoption of these rules from the Michigan Department of Environmental Quality, Drinking Water and Radiological Protection Division, P.O. Box 30630, Lansing, Michigan 48909.

(ii) The discharge is less than 6,000 gallons per day, the disposal system is designed and constructed in accordance with the provisions of the publication entitled “Michigan Criteria for Subsurface Sewage Disposal,” April 1994, and the system is approved by the county, district, or city health department that has jurisdiction. Copies of the publication may be obtained without charge at the time of adoption of these rules from the Michigan Department of Environmental Quality, Drinking Water and Radiological Protection Division, P.O. Box 30630, Lansing, Michigan 48909.

(b) Controlled application of any of the following:

(i) An authorized substance to suppress dust. The following are authorized substances:

(A) Water.

(B) Calcium chloride.

(D) Emulsified asphalt or resin stabilizers.

(E) Vegetable by-products.

(ii) A deicing substance.

(iii) A substance for a natural resource or right-of-way maintenance program.

(iv) A substance for a domestic activity.

(v) A commercially manufactured pesticide or fertilizer for its intended use.

(d) Stormwater from a secondary containment facility that does not contain leaks or spills if the stormwater is inspected to ensure it meets the standards established in R 323.2222.

(e) Water from a well used temporarily for dewatering at a construction site if the water pumped does not create a site of environmental contamination under part 201.

(f) A discharge from an animal feeding operation that has less than 5,000 animal units if the discharge is determined by the director of the department of agriculture or his or her designated representative, to be in accordance with generally accepted agricultural and management practices, as defined in Act No.93 of the Public Acts of 1981, as amended, being §§286.471 to 286.474 of the Michigan Compiled Laws, and known as the Michigan right to farm act. For purposes of this rule, 5,000 animal units is equal to 5,000 head of slaughter or feeder cattle, 3,500 mature dairy cattle, 12,500 swine weighing more than 25 kilograms or approximately 55 pounds, 50,000 sheep or lambs, 2,500 horses, 275,000 turkeys, 150,000 laying hens or broilers, or 25,000 ducks. An animal feeding operation is a lot or facility, or series of lots or facilities under 1 ownership which are adjacent to one another or which use a common area or system for the disposal of wastes, that meets both of the following conditions:

(i) Animals, other than aquatic animals, have been, are, or will be stabled or confined and fed or maintained for a total of 45 calendar days or more in any 12-month period.

(ii) Crops, vegetation, forage growth, or postharvest residues are not sustained in the normal growing season over the portion of the lot or facility where animals are confined.

(g) Less than 50 gallons of wastewater per day from a commercial animal care facility.

(h) Observation or monitoring well development or evacuation water.

(i) Potable water used for a domestic or domestic equivalent activities other than sanitary sewage disposal.

(j) Step test or pump test water from any of the following:

(i) A potable well or well used to develop a potable water supply.

(ii) A well producing water that meets state or federal criteria for use as potable water.

(iii) A test well where the quality of the test well discharge water is equal to or better than the background groundwater quality of the aquifer receiving the discharge.

(k) Exfiltration from sanitary sewer collection systems.

(l) Wastewater from a heat pump that has a heat exchange capacity of 300,000 Btu per hour or less if there is no chemical additive to the system.

(m) Wastewater from a portable power washer when used in either of the following circumstances:

(i) By the occupant of a household for washing buildings, vehicles, or other surfaces associated with the domestic occupation of the household.

(ii) By a commercial operator or in a commercial or industrial setting to remove nonpolluting substances from vehicles or surfaces when no additives are used and the washing process does not add significant pollutants to the water.

(n) Swimming pool drainage and backwash water discharged in accordance with sections 12521 to 12534 of Act No. 368 of the Public Acts of 1978, as amended, being §§333.12521 to 333.12534 of the Michigan Compiled Laws.

(o) Water treatment filter backwash water if disposal is in accordance with plans and specifications approved by the department under Act No. 399 of the Public Acts of 1976, as amended, being §325.1001 et seq. of the Michigan Compiled Laws, and known as the safe drinking water act.

(p) Carpet cleaning wastewater discharged by a noncommercial operator or by a commercial operator at a site receiving wastewater from not more than 1 location where carpet cleaning has occurred.

(q) Less than 10,000 gallons per day of noncontact cooling water that does not contain additives if the source of the cooling water is any of the following:

(i) A municipal water supply.

(ii) A water supply meeting state or federal criteria for use as potable water.

(iii) Another source of water meeting the standards of R 323.2222.

(iv) Another source approved by the department.

(r) Land application of process sludge from a wastewater treatment facility treating sanitary sewage when applied in accordance with applicable state and federal law.

(s) Land application of process sludge from an industrial or commercial wastewater treatment facility when authorized under R 299.4101 to R 299.4922, the administrative rules implementing part 115.

(t) Placement of other solid waste on the ground when authorized under part 115. This provision does not apply to the disposal of wastewater generated through the operation of a facility licensed under part 115.

(u) Wastewater associated with an environmental response activity described in any of the following paragraphs if the discharge is to the plume of groundwater contamination, including an area 100 feet hydraulically upgradient of the edge of the plume, and any additive used in the treatment process that is not part of the contamination plume meets the standards of R 323.2222:

(i) A pump test discharge that does not change the physical dimensions of the plume in groundwater or, if the dimensions are changed, the changes are accounted for in the design of the final groundwater remediation plan.

(ii) A remedial investigation, feasibility study, or remedial action discharge that is at or below the residential criteria authorized by section 20101a(1)(a) of the act, if applicable, or section 21304(a) of the act, if applicable.

(iii) A discharge for a remedial investigation, feasibility study, or remedial action above the residential criteria authorized by section 20101a(1)(a) of the act, if applicable, or section 21304(a) of the act, if applicable, if a remediation investigation, feasibility study, or remediation plan has been approved by the department division that has compliance oversight. The remediation plan shall indicate that the treatment system is designed and will be operated so that contaminated groundwater will eventually meet the appropriate land use-based cleanup criteria authorized by section 20120a(1)(a) to (d) of the act, if applicable, or section 21304(a) of the act, if applicable.

(v) Precipitation and snow melt drainage off vehicles discharged through a general purpose floor drain in a parking structure in which maintenance activities do not occur.

(w) A discharge that has been specifically authorized by the department under a permit if the permit was not issued under this part.

(x) A discharge that occurs as the result of placing waste materials on the ground in compliance with a designation of inertness issued under part 115 or leaving contaminated materials in place in compliance with part 201 or 213.

(y) A discharge that has been determined by the department to have an insignificant potential to be injurious based on volume and constituents. In making the determination, the department shall follow the public notice and comment procedures of R 323.2117 and R 323.2119. The department may establish criteria, limitations, or conditions applicable to the discharge to ensure that it meets the terms of this subdivision.

**History**
- *History: 1980 AACS; 1998-2000 AACS*

##### **Mich. Admin. Code R 323.2211** Permit by rule; notification {#sec-r-323.2211 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2211}

Rule 2211. A person may discharge any of the following if the requirements of R 323.2204 and R 323.2212 are met:

(a) Sanitary sewage if the volume of the septic tank or tanks is 6,000 gallons or more or if the flow is more than 6,000 gallons per day, but less than 10,000 gallons per day if the following provisions are complied with, if applicable:

(i) The sanitary sewage is not mixed with other wastes.

(ii) The disposal system is designed and constructed in accordance with the provisions of the publication entitled "Michigan Criteria for Subsurface Sewage Disposal," April 1994, and the system is approved by the county, district, or city health department that has jurisdiction. Copies of the publication may be obtained without charge at the time of adoption of these rules from the Michigan Department of Environmental Quality, Drinking Water and Radiological Protection Division, P.O Box 30630, Lansing, Michigan 48909.

(iii) For a disposal system constructed, reconstructed, or expanded after adoption of these rules, the discharge is monitored by a flow measurement device. The discharger shall record the average daily flow on a weekly basis and the total flow annually in a log that shall be available for review upon request by the department or the county, district, or city health department that has jurisdiction. A report of the average daily flows and annual total flow shall be submitted to the department by January 31 of each year for the preceding calendar year.

(b) Less than 500 gallons per day of wastewater from a laundromat which is open to the general public and which does not contain a dry cleaning operation if all of the following requirements are met:

(i) The wastewater is discharged from a system that has a minimum of 2 1, 000-gallon septic tanks in series followed by disposal to a tile field.

(ii) The tanks are pumped when the sludge level reaches 25% of the tank volume.

(iii) An operational lint filter is maintained on the laundry wastewater discharge line to the system.

(iv) The tile field has been designed and constructed in accordance with the provisions of the publication entitled "Michigan Criteria for Subsurface Sewage Disposal," April 1994, and is approved by the local county, district, or city health department that has jurisdiction or the department. Copies of the publication may be obtained without charge at the time of adoption of these rules from the Michigan Department of Environmental Quality, Drinking Water and Radiological Protection Division, P.O. Box 30630, Lansing, Michigan 48909.

(v) The sanitary sewage generated at the facility is routed to the same septic tank as the laundry waste.

(vi) The septic tank is equipped with an effluent filter.

(c) More than 10,000 gallons per day of noncontact cooling water if it does not contain an additive and the source of the cooling water is any of the following:

(i) A municipal water supply.

(ii) A water supply meeting state or federal criteria for use as potable water.

(iii) Another source of water meeting the standards of R 323.2222.

(iv) Another source of water approved by the department as meeting the conditions of R 323.2204.

(d) Less than 50,000 gallons per day of fruit and vegetable washwater if the following provisions are met, if applicable:

(i) The source of the water is any of the following:

(A) A municipal water supply.

(B) A water supply meeting state or federal criteria for use as potable water.

(D) Another source of water approved by the department as meeting the conditions of R 323.2204.

(ii) If the wastewater contains an additive, the department is notified of the additive in the notification required in R 323.2212 and the discharge does not cause the groundwater to exceed the standard of R 323.2222 for the additive.

(e) Wastewater from a portable power washer used by a commercial operator or in a commercial or industrial setting whether or not occurring within 100 feet of the property boundary if the following requirements are met, as applicable:

(i) The source of the water is any of the following:

(A) A municipal water supply.

(B) A water supply meeting state or federal criteria for use as potable water.

(D) Another source of water approved by the department as meeting the conditions of R 323.2204.

(ii) If other than a household soap or detergent readily available to the consumer is used as an additive, the additive is used for its intended purpose and according to manufacturer’s recommendations and label directions.

(iii) Washing is limited to the removal of dirt and grime from the exterior of a vehicle, equipment, or stationary source. A vehicle’s exterior does not include its undercarriage.

Dirt and grime does not include a substance that was contained or transported in the vehicle as product or waste material.

(iv) The discharge does not cause runoff of wastewater or the deposition of waste materials onto adjacent properties.

(v) The discharge does not cause the groundwater to exceed a standard specified in R 323.2222.

(vi) The discharge is limited to 1,000 gallons of wastewater per month per acre of area in which the discharge occurs.

(vii) If the discharger is a commercial operator who discharges at various locations, a log is kept of discharges for a period of 3 years from the date of the discharge. The log shall include the date, location, and additive used for each discharge and the item washed. The log shall be readily available for inspection and copying at any reasonable time by a peace officer or, upon presentation of credentials, an authorized representative of the department or city, county, or district health department that has jurisdiction.

(f) Pump test water associated with environmental remediation that is discharged outside the plume of contamination if the discharge meets the standards of R 323.2222.

(g) Water that results from the hydrostatic testing or flushing of a new pipeline or pressure testing of a new tank if both of the following provisions have been met:

(i) An additive has not been used.

(ii) The source of the washwater is any of the following:

(A) A municipal water supply.

(B) Another water supply that meets state or federal criteria for use as potable water.

(D) Another source of water approved by the department as meeting the conditions of R 323.2204.

(h) More than 50, but less than 1,000, gallons per day of wastewater from a commercial animal care facility if all of the following provisions have been met:

(i) The source of the water is any of the following:

(A) A municipal water supply.

(B) Another water supply that meets state or federal criteria for use as potable water.

(D) Another source of water approved by the department as meeting the conditions of R 323.2204.

(ii) The department is notified of any additive in the notification required by R 323.2212 and the discharge does not cause the groundwater to exceed the standard established by R 323.2222 for the additive.

(iii)The discharge does not occur within 200 feet of a surface water body.

**History**
- *History: 1980 AACS; 1998-2000 AACS*

##### **Mich. Admin. Code R 323.2212** Discharge notification {#sec-r-323.2212 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2212}

Rule 2212. (1) A person is authorized to discharge under R 323.2211 if the department is notified of the discharge under this rule.

(2) A person shall notify the department under this rule at the following times:

(a) Before the discharge.

(b) When there is a change in the information required in the notification form described in subrule (3) of this rule.

(3) A person shall provide notice on a form approved by the department. At a minimum, the notice shall contain all of the following information:

(a) Date of the notification.

(b) Facility name and address.

(c) The discharge address, if different from the facility, and the location identified by county, section, township, and range.

(d) Authorized contact person's name, address, and telephone number.

(e) The permit or exemption number and issuance date for any groundwater discharge permit or exemption previously issued to the discharger.

(f) The type of wastewater discharged and a description of the discharge.

(g) For discharges authorized by R 323.2211(f) and R 323.2213(5), a description of the treatment system designed to meet the standards of R 323.2222.

(h) Standard industrial classification (SIC) code.

(i) Method of wastewater disposal, such as irrigation or seepage lagoon.

(j) Any additive and the amount used.

(k) Discharge volume or application rate in appropriate units.

(l) Dates of discharge and schedule of discharge, as appropriate.

(m) Two legible site maps drawn to scale that have a north orientation arrow. Site map 1 shall indicate the discharge location in relation to property boundaries on a topographic map. The township and county name in which the discharge area is located shall be included on site map 1. Site map 2 shall indicate the discharge area and the distance from property boundaries. Major roads and streets shall be included on all site maps.

(n) Name, address, and telephone number of the owner of the property where the discharge is to occur if the owner is other than the discharger.

(o) If the discharge is to property owned by a person other than the discharger, a written authorization to discharge signed by the property owner.

(p) A determination of whether the discharge will occur within 1/4 mile of a known site of groundwater contamination, other than for a remedial action for which the notification form is being submitted, and an evaluation of whether the discharge will impact the existing plume of contamination at the site.

(q) Signature and certification by the discharger or a person authorized to act for the discharger, as described in R 323.2114, that the discharger has identified and considered steps to avoid or minimize the use and discharge of pollutants, that all information submitted is true, accurate, and complete, and that the discharge meets the requirements of this part.

**History**
- *History: 1980 AACS; 1998-2000 AACS*

##### **Mich. Admin. Code R 323.2213** Permit by rule authorizing discharge upon department certification {#sec-r-323.2213 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2213}

Rule 2213. (1) Wastewater described in this rule may be discharged if the requirements of R 323.2204 and R 323.2214 are met.

(2) A person may discharge less than 10,000 gallons per day of noncontact cooling water that contains an additive if the department is notified of the additive in the notification required by R 323.2212 and the discharge does not cause the groundwater to exceed the standard of R 323.2222 for the additive.

(3) A person may discharge less than 10,000 gallons per day of egg-washing facility wastewater if all of the following provisions are satisfied:

(a) The source of the water is any of the following:

(i) A municipal water supply.

(ii) A water supply meeting state or federal criteria for use as potable water.

(iii) Another source of water meeting the standards of R 323.2222.

(iv) Another source of water approved by the department.

(b) If the wastewater contains an additive, the department is notified of the additive in the notification required by R 323.2212 and the discharge does not cause the groundwater to exceed the standard established by R 323.2222 for the additive.

(c) The discharger minimizes the discharge of proteinaceous matter, such as egg yolks, and other wastes to the groundwater to control odors and prevent nuisance conditions.

(4) A person may discharge cooling water if all of the following provisions are satisfied:

(a) The discharge is less than 5,000 gallons per day.

(c) The discharger submits, as part of the notification required by R 323.2212, wastewater characterization which demonstrates that the discharge will not exceed standards of R 323.2222.

(d) The material cooled does not vary substantially from that used in providing the wastewater characterization required by subdivision (c) of this subrule.

(e) The discharger characterizes the wastewater annually and submits records of that annual characterization in the notification required by R 323.2212(2)(c).

(5) A person may discharge wastewater which is associated with a department- approved groundwater remediation and which is discharged outside the plume of contamination if all of the following provisions are satisfied:

(a) If the discharge is associated with the investigative phase of a remediation or active groundwater remediation, the discharge is conducted in compliance with all applicable parts of the act.

(b) The discharge is treated to meet the standards of R 323.2222. The discharger shall submit to the department a description of how the proposed treatment system will achieve the standards of R 323.2222.

(c) The remedial action shall include a groundwater extraction system designed and operated to prevent any portion of the plume above approved cleanup criteria from migrating beyond an approved zone of influence. The approval for the location of the zone of influence is the responsibility of the department division that has compliance oversight.

(d) The discharger provides an accurate and complete verification at the time of notification, as required in R 323.2214, that the discharge meets the requirements of part 31, this part, and part 111, 115, 201, 213, or 615, as applicable. Verification shall be provided in the form of a memorandum from the chief, or his or her designated representative, of the department division responsible for compliance oversight of the remediation.

(e) A performance monitoring plan shall be included in the remediation plan submitted to the department division responsible for compliance oversight at the facility. The plan shall include the following:

(i) Groundwater monitoring to verify that the standards of R 323.2222 are being met in groundwater. The monitoring shall meet the requirement of R 323.2224(1)(c).

(ii) At least twice weekly remediation system effluent monitoring capable of verifying that the treatment system can comply with the standards of R 323.2222. After demonstrating for not less than 90 days that the treatment system is capable of meeting the standards of R 323.2222, the discharger may apply to the department division responsible for compliance oversight for a reduced frequency of effluent monitoring until the remediation is completed according to the act.

(f) Effluent and groundwater sampling required to verify compliance with this subrule shall be collected and analyzed at a frequency indicated in the performance monitoring plan. The frequency of monitoring and reporting must be approved by the department division responsible for compliance oversight, but shall not be less than once per year.

(g) Performance monitoring data shall be submitted to the department division responsible for compliance oversight.

(h) The discharger shall, at all times, maintain in good working order all treatment or control facilities or systems installed or used by the discharger to achieve compliance with the terms and conditions of this rule. If the discharger is unable to maintain compliance with the terms and conditions of this rule, then the discharger shall provide the notification and conduct the compliance activities described in R 323.2227.

**History**
- *History: 1980 AACS; 1998-2000 AACS*

##### **Mich. Admin. Code R 323.2214** Conditions for department certification {#sec-r-323.2214 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2214}

Rule 2214. (1) A discharge is authorized under R 323.2213 if the department is notified of the discharge under R 323.2212.

(2) For a discharge authorized by R 323.2213(5), the following information, in addition to the information required by subrule (1) of this rule, shall be provided:

(a) Site map 1, required in R 323.2212(3)(m), shall include a description of the location of drinking water wells that is adequate to identify each water supply formation within 1/2 mile of the discharge. A copy of the well logs for each drinking water well included on the map shall also be provided with the notification.

(b) Site map 2 required in R 323.2212(3)(m) shall include all of the following information:

(i) Groundwater flow direction.

(ii) Extent of contamination plume.

(iii) Calculated capture zone.

(iv) Location of the groundwater extraction and interception system.

(v) Location of all observation and monitoring wells.

(vi) A description of the treatment system indicating how it will produce an effluent that will meet the standards of R 323.2222.

(3) In order to discharge, a person must receive a certification from the department which verifies that the discharge is authorized under this part. Within 60 calendar days of receiving a complete notification form required by this rule, the department shall issue a certification or indicate why the discharger is not authorized to discharge under this rule.

**History**
- *History: 1980 AACS; 1998-2000 AACS*

##### **Mich. Admin. Code R 323.2215** General permit {#sec-r-323.2215 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2215}

Rule 2215. (1) Upon a determination by the department that a certain category of discharges is appropriately and adequately controlled by a general permit, the department may issue a general permit under this rule.

(2) A discharge covered by a general permit issued under this rule shall meet all of the following conditions:

(a) Meet the conditions in R 323.2204(2).

(b) Involve the same or substantially similar types of operations.

(d) Require the same effluent limitations or operating conditions.

(e) Require the same or similar monitoring and reporting.

(3) To qualify for a certificate of coverage for a general permit issued pursuant to this rule, an applicant shall certify that the applicant has identified and considered steps to minimize the use and discharge of pollutants authorized to be discharged by the general permit.

(4) The department shall periodically publish the names of persons who have received a certificate of coverage for a general permit issued under this rule.

**History**
- *History: 1980 AACS; 1998-2000 AACS*

##### **Mich. Admin. Code R 323.2216** Permits for specific discharges {#sec-r-323.2216 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2216}

Rule 2216. (1) A wastewater described in this rule may be discharged under a permit issued by the department in compliance with R 323.2217 if the conditions of R 323.2204 are met.

(2) A person may discharge less than 20,000 gallons per day of sanitary sewage that has been treated by a system described in subdivision (a) or (b) of this subrule if the treatment system is operated to achieve optimum treat- ment efficiencies for the specified design as follows:

(a) The discharge receives treatment by a constructed wetland and associated treatment system that meets all of the following requirements:

(i) A minimum of 2 septic tanks installed in series precedes the constructed wetland. The septic tanks shall have a minimum combined volume of 2 times the daily design flow. The outfall to the constructed wetland shall be equipped with a septic tank effluent filter.

(ii) The system shall have a treatment process to enhance nitrification prior to discharge to the constructed wetland.

(iii) If the discharge is expected to have high concentrations of oil and grease, such as sanitary sewage from a food service establishment, then the discharge shall be treated to remove oil and grease.

(iv) The system shall have a minimum of 2 wetland cells to allow for isolation or maintenance of individual cells.

(v) Each wetland cell shall have an aspect ratio, which is length to width ratio, of between 2:1 and 4:1.

(vi) The constructed wetland shall have a composite bottom liner in compliance with R 323.2237. The bottom of the wetland cell shall be constructed to be level.

(vii) The wetland cell filter media shall consist of ½-inch to 1-inch washed gravel with 100% passing the 1.0-inch sieve and a maximum of 3% passing the 1/2- inch sieve.

(viii) The filter media shall not be less than 18 inches or more than 30 inches in depth.

(ix) The effective water depth in the wetland cell shall be maintained between a range of 2 to 6 inches below the filter media surface.

(x) The constructed wetland shall be insulated with at least 6 inches of mulch or other comparable substitute and designed to protect against freezing.

(xi) The filter surface area hydraulic loading rate is not more than 1.2 gallons per square foot per day.

(xii) The design retention time shall not be less than 7 calendar days.

(xiii) Indigenous or sterile wetland vegetation, such as bulrushes, common reeds, and cattails, shall be planted on a 1-foot grid across each wetland cell.

(xiv) Wetland vegetation shall be cultivated to maximize the rooted depth throughout the gravel filter media.

(xv) The system shall have the capability to recirculate effluent back into the influent end of the system when additional flow is needed into the system.

(xvi) The wetland cell shall discharge to a tile field designed and constructed in accordance with the provisions of the publication entitled “Michigan Criteria for Subsurface Sewage Disposal,” April 1994, and approved by the county, district, or city health department that has jurisdiction. Copies of the criteria may be obtained without charge at the time of adoption of these rules from the Michigan Department of Environmental Quality, Drinking Water and Radiological Protection Division, P.O. Box 30630, Lansing, Michigan 48909. If the county, district, or city health department that has jurisdiction chooses not to review the tile field design, then the department shall review and approve the system under this subrule.

(b) The discharge is treated by an alternative treatment system or combination of systems that is determined by the department to provide a similar quality effluent to the treatment system specified in subdivision (a) of this subrule.

(c) For a treatment system described in subdivision (a) or (b) of this subrule, if flow is more than 10,000 gallons per day, then the effluent shall be monitored in accordance with R 323.2232(a),(b),(e), and (f).

(3) A person may discharge less than 50,000 gallons per day of sanitary sewage if all of the following provisions are satisfied:

(a) The sanitary sewage is not mixed with other waste.

(b) The discharge meets the isolation distance requirements specified in R 323.2204(2)(d)(ii).

(d) The discharge is limited and monitored in accordance with the requirements of R 323.2232.

(4) A person may discharge less than 20,000 gallons per day of laundromat wastewater if the laundromat is open to the general public, does not contain a dry cleaning operation, and all of the following requirements are met:

(a) The discharge is treated by a lagoon treatment system that meets the requirements of R 323.2231(1)(a) to (e).

(b) The wastewater treatment system is operated in accordance with R 323.2231(1)(g) to (j) and maintained in accordance with R 323.2231(k).

(c) Disposal is by means of low-rate application in accordance with R 323.2233 and utilizing spray irrigation under pressure to enhance volatilization of organic constituents in the discharge.

(d) The discharge limitations and monitoring requirements are as follows:

(i) Flow shall be measured on a daily basis.

(ii) The discharge will be monitored on a annual basis for all of the following:

(A) The pH.

(B) Chemical oxygen demand (COD).

(D) Volatile organics using environmental protection agency (EPA) test method 8260 or other method approved by the department for this purpose.

(E) Aluminum.

(F) Arsenic.

(G) Cadmium.

(H) Total chromium.

(I) Hexavalent chromium.

(J) Copper.

(K) Lead.

(L) Nickel.

(M) Zinc.

(N) Total phosphorus.

(O) Ammonia nitrogen.

(P) Nitrate nitrogen.

(Q) Nitrite nitrogen.

(R) Sodium.

(S) Chloride.

(T) Potassium.

EPA test method 8260 is adopted by reference in these rules and is contained in the EPA document entitled “Test Methods for the Evaluation of Solid Waste, Physical-Chemical Methods,” SW-846, 3rd Edition, September 1986, as updated through the effective date of these rules. SW-846 is available for inspection at the Lansing office of the department of environmental quality, waste management division. The document and updates may be purchased from the United States Government Printing Office, Superintendent of Documents, P.O. Box 371954, Pittsburgh, Pennsylvania 15250-7954, or the Michigan Department of Environmental Quality, Waste Management Division, P.O. Box 30241, Lansing, Michigan 48909, at a cost at the time of adoption of these rules of $319.00, plus shipping and handling.

(iii) The application rate shall be measured in inches per day and in inches per week and recorded twice per month. The application rate shall not be more than 1 inch per day or 3 inches per week.

(e) The discharger shall report monitoring results in compliance with R 323.2225.

**History**
- *History: 1980 AACS; 1998-2000 AACS*

##### **Mich. Admin. Code R 323.2217** Procedures applicable to permit issued under R 323.2216 {#sec-r-323.2217 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2217}

Rule 2217. (1) The department shall issue a permit for a discharge described in R 323.2216 under the terms of R 323.2208 and this rule.

(2) An application for a discharge permit to be issued under this rule shall be made on a form determined by the department. An application under this rule shall be administratively complete before it is considered by the department for decision. An administratively complete application shall consist of all of the following:

(a) Sufficient information for the department to determine whether the requirements of R 323.2216 are met.

(b) A demonstration that the applicant has provided notice of the proposed discharge consisting of a copy of the notice which contains, at a minimum, all of the following information:

(i) The name and address of the applicant.

(ii) A concise description of the applicant’s activities and operations that result in the discharge identified in the application.

(iii) The location of the proposed or existing discharge identified in the application.

(iv) The date upon which the applicant will apply to the department for a permit under this part. The date shall not be later than 30 calendar days after the date of the notice.

(v) A statement that interested parties can provide comments on the application to the department by sending material to the address, and in the manner, indicated in the form described in this subrule. The statement will further provide that information received by the department within 20 calendar days of the indicated application date will be considered by the department in deciding upon the application.

(c) A certification that the applicant has identified and considered steps to avoid or minimize the use and discharge of pollutants authorized to be discharged by the permit issued under R 323.2216.

(3) The department shall make a decision on the application within 60 calendar days of the date on which the administratively complete application is received by the department or the date which is indicated in the public notice as the submission date, whichever is later.

**History**
- *History: 1980 AACS 1998-2000 AACS*

##### **Mich. Admin. Code R 323.2218** Discharge permits {#sec-r-323.2218 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2218}

Rule 2218. (1) The department shall issue a permit for a discharge other than a discharge meeting the requirements of R 323.2210 to R 323.2217, but meeting the requirements of R 323.2204, under the terms of R 323.2208 and this rule.

(2) To be permitted under this rule, a discharge shall meet the requirements of R 323.2204, R 323.2220 to R 323.2222, and, if applicable, R 323.2233 and R 323.2237. In addition, the proposed system for treating the wastewater to be discharged shall have sufficient hydraulic capacity and detention time to adequately treat the anticipated organic and inorganic pollutant loading. To demonstrate that these requirements are met, at the time of application a permit applicant shall submit a basis of design for the treatment system. The basis of design shall include all of the following information:

(a) The volume of wastewater to be treated per unit of time.

(b) An analysis of the influent, or a description of the anticipated influent, including the substances to be treated to meet the requirements of R 323.2222 and the concentrations of the substances.

(i) The treatment methods before discharge, based on treatment classifications for certified operators developed under R 323.1251 to R 323.1258 and implementing part 31 for an industrial or commercial entity or developed under R 299.2911 to R 299.2927 and implementing part 41 of the act for a sewage treatment works operated by a municipality.

(ii) To the extent applicable, engineering plans depicting all of the following:

(A) A schematic flow diagram.

(B) Information on unit processes.

(D) Design hydraulic capacity.

(E) Pollutant loading.

(F) Detention times.

(G) Sizing of treatment units.

(H) Design calculations for major treatment units.

(I) A description of sludge management.

(iii) A discharge management plan that includes, where applicable, all of the following information:

(A) Maximum daily and annual discharge volumes.

(B) The total discharge area.

(D) Vegetative cover control and removal.

(E) Load and rest cycles.

(F) Application rates.

(G) Means for even distribution of waste or wastewater.

(H) Strategies for periods of adverse weather.

(I) Monitoring procedures.

(J) Other pertinent information.

(d) For a discharge of sanitary sewage, unless these rules provide other- wise, the treatment system shall be consistent with the standards in chapter 10 of the publication entitled "Engineering Reports and Facility Plans of the Recommended Standards for Wastewater Facilities," 1997 edition. The standards in chapter 10 are adopted by reference in these rules. The standards may be purchased from Health Education Services, P.O. Box 7126, Albany, New York 12224, or from the Michigan Department of Environmental Quality, Waste Management Division, P.O. Box 30241, Lansing, Michigan 48909, at a cost at the time of adoption of these rules of $12.00, plus shipping and handling.

(3) An application for a discharge permit to be issued under this rule shall be made on a form determined by the department. An application under this rule shall be administratively complete before it is considered by the department for decision. Administrative completeness is determined as follows:

(a) An application for a discharge that has not been previously permitted shall include all of the following information:

(i) The basis of design as required by subrule (2) of this rule.

(ii) An evaluation of the feasibility of alternatives to discharge to the groundwater in accordance with R 323.2219.

(iii) The wastewater characterization as required by R 323.2220.

(iv) The hydrogeological report as required by R 323.2221.

(v) If a standard applicable to the discharge is to be determined under R 323.2222(5), the information necessary to determine that standard, including whether a substance is a hazardous substance under part 201.

(vi) If applicable, the monitoring plan as specified by R 323.2223.

(vii) If applicable, a description of the discharge methods and information that demonstrate that the requirements of R 323.2233 will be met.

(viii) If applicable, information that demonstrates that the requirements of R 323.2237 will be met.

(b) An application for the renewal of a permit where the discharge is proposed to be modified in quantity, effluent characterization, or treatment process from that previously permitted shall include all of the following:

(i) The request for reissuance specified in R 323.2151.

(ii) An updated submission of the items listed in subdivision (a) of this subrule corresponding to the differences between the proposed discharge and the discharge previously permitted.

(iii) All of the following information:

(A) A narrative description of the facility's history of compliance with effluent and groundwater permit limits and sampling frequency.

(B) If permit limits were exceeded, the steps taken to bring the facility into compliance.

(C) An evaluation of whether there are general trends in the effluent or groundwater sampling data indicating that the discharge is approaching permit limits.

(D) An updated site map.

(E) A current groundwater contour map and a narrative evaluation of whether changes to the existing groundwater monitoring system are warranted and the rationale for any proposed change.

(F) The most recent groundwater quality results from all wells on site.

(G) The most recent effluent quality results.

(H) The most recent static water levels and groundwater elevations from all wells on site.

(c) An application for the renewal of a permit where the discharge will consist of the same quantity, effluent characterization, and treatment process as previously permitted shall include all of the following:

(i) The request for reissuance specified in R 323.2151.

(ii) A certification by the discharger that the discharge will consist of the same quantity, effluent characterization, and treatment process as previously permitted.

(iii) The information required by subdivision (b)(iii) of this subrule.

(d) A discharger who proposes to modify the quantity or effluent characteristics of a discharge shall notify the department of the proposed modification before it occurs. If the department determines the proposed modification is minor based on the quantity or quality of the discharge, then the department may modify the permit as requested and include new terms or conditions that may be necessary to ensure that the terms of R 323.2204 are met.

If the department determines that the proposed modification is significant based on the quantity or quality of the discharge, then the discharger shall submit an application for reissuance under the terms of subdivision (b) of this rule.

(e) A discharger who proposes to modify the treatment process of a discharge shall notify the department of the proposed modification before it occurs. Unless the department notifies the discharger within 30 calendar days that the proposed modification may affect compliance with limitations on the quality or quantity of the discharge, the discharger may make the modification. If the department notifies the discharger and determines that the proposed modification is minor based on the quantity or quality of the discharge, then the department may modify the permit as requested and include new terms or conditions that may be necessary to ensure that terms of R 323.2204 are met. If the department notifies the discharger and determines that the proposed modification is significant based on the quantity or quality of the discharge, then the discharger shall submit an application for reissuance under the terms of subdivision (b) of this subrule.

(4) A discharge authorized under this rule shall meet the conditions of this subrule. The department may waive the conditions of subdivision (a) or (b) of this subrule, individually or collectively, if the department determines that the purpose of the subdivision to be waived has been met.

(a) Within 30 calendar days of completion of construction of treatment facilities, a discharger shall provide, to the department, certification by an engineer licensed under Act No. 299 of the Public Acts of 1980, as amended, being §339.101 et seq. of the Michigan Compiled Laws, and known as the occupation code, that a quality control and quality assurance program was utilized and that the facilities constructed were built consistent with standard construction practices to comply with the permit and this part.

(b) A discharger shall have an operation and maintenance manual for the wastewater treatment facility. The manual shall be used by the certified operator of the facility as a guide for facility operation and maintenance. The operation and maintenance manual shall include all of the following information: (i) The function, start-up, shutdown, and periodic maintenance procedures for each unit process and item of mechanical and electrical equipment.

(ii) A description of the appropriate response or facility adjustment to minimize the impact of emergency situations with the potential to affect the discharge or compliance with the permit so as to facilitate rapid implementation of a correct response during an emergency.

(iii) A monitoring program to monitor process efficiency.

(iv) The details of how inspections will be conducted and a schedule for the inspection of collection system and pump stations, where applicable.

(v) The periodic maintenance procedures for the collection system and pump stations, where applicable.

(vi) Procedures for routine maintenance and inspection of lagoons and equipment used for irrigation, where applicable, and the documentation of maintenance and inspection.

(vii) A listing of environmental regulations, other than this part, that apply to operation of the wastewater treatment facility.

(d) A discharger shall report monitoring results as specified in R 323.2225.

(e) A discharger shall close the wastewater treatment and discharge area as specified in R 323.2226.

**History**
- *History: 1980 AACS; 1998-2000 AACS*

##### **Mich. Admin. Code R 323.2219** Evaluation of feasibility of alternatives to discharge to groundwater {#sec-r-323.2219 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2219}

Rule 2219. (1) An evaluation of the feasibility of alternatives to discharge to the groundwater required by R 323.2218(3)(a)(ii) shall contain, at a minimum, an analysis of the feasibility of items contained in this rule. Feasibility includes the practical ability to implement the alternative and a comparison of the cost of the alternative to its benefits.

(2) At a minimum, alternatives to the discharge that shall be considered are minimizing the volume and toxicity of the wastewater, recycling wastewater, connecting to a municipal sanitary sewer system, and discharging to surface water. Alternatives for minimizing the volume and toxicity of wastewater include pollution prevention opportunities, including the following:

(a) Equipment or technology modifications.

(b) Process or procedure modifications.

(d) Substitution of raw materials.

(e) Improvements in housekeeping, maintenance, training, or inventory control.

(3) At a minimum, the following treatment systems shall be considered for substances determined to be in the discharge by the characterization required by R 323.2220:

(a) For a metal, the following:

(i) Flocculation.

(ii) Settling.

(iii) Oxidation.

(iv) Filtration.

(v) Ion exchange (vi) Reverse osmosis.

(vii) Electrolytic recovery.

(b) For a volatile substance, the following:

(i) Carbon adsorption.

(ii) Air stripping.

(iii) Aeration.

(i) Sorption.

(ii) Settling.

(iii) Filtration.

(d) For a substance that degrades biologically, biological treatment in a lagoon, tank, or biological reactor or through controlled land treatment.

**History**
- *History: 1980 AACS; 1998-2000 AACS*

##### **Mich. Admin. Code R 323.2220** Characterization of waste or wastewater to be discharged {#sec-r-323.2220 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2220}

Rule 2220. (1) Before a permit can be issued under R 323.2218, an applicant shall properly characterize the waste or wastewater to be discharged. To properly characterize the waste or wastewater, the applicant shall determine the pollutants that may be present in the waste or wastewater in light of the process by which it is generated. The applicant shall use the methods described in this rule to make the determination.

(2) Samples of effluent collected to determine the presence of inorganic substances shall be unfiltered.

(3) For a substance for which there is an analytical method approved by the department for purposes of monitoring under this part, the waste or wastewater shall be representatively sampled using sampling procedures specified in the EPA document entitled "Test Methods for the Evaluation of Solid Waste, Physical-Chemical Methods," SW-846, 3rd Edition, September 1986, as updated through the effective date of these rules and analyzed using analytical procedures specified in either SW-846 or the publication entitled "Guidelines Establishing Test Procedures for the Analysis of Pollutants," 40 C.F.R. Part 136, or other methods approved by the department for purposes of monitoring under this part. SW-846 and updates and the guidelines are adopted by reference in these rules and are available for inspection at the Lansing office of the department of environmental quality, waste management division.

The documents may be purchased from the United States Government Printing Office, Superintendent of Documents, P.O. Box 371954, Pittsburgh, Pennsylvania 15250-7954, or the Michigan Department of Environmental Quality, Waste Management Division, P.O.

Box 30241, Lansing, Michigan 48909, at a cost at the time of adoption of these rules of $319.00 and $36.00, respectively, plus shipping and handling.

(4) Reporting levels shall be those approved by the department as the lowest level routinely quantifiable with acceptable precision and accuracy by standard laboratory methods. Not less than 4 discrete samples are necessary to be considered representative, unless a lesser number is approved by the department.

(5) For any other substance that may be present, an estimate of the substance concentration in the discharge shall be made with a mass balance calculation or other estimate approved by the department. The estimate shall use the annual average use rate for the substance and annual average discharge volume, except when an alternative is approved by the department.

(6) For a facility not yet operating, the discharger shall characterize the anticipated discharge using the best available information. The discharger shall identify the source of the information in the application.

(7) The department may require the characterization of sludge generated by the wastewater treatment process as it relates to the ability of the discharge to meet the standards of R 323.2222 as a condition of authorizing a discharge under these rules. The characterization shall be done according to the procedures described in subrule (3) of this rule.

(8) The department may require the characterization of other environmental media affected in the treatment of wastewater as a condition of authorizing a discharge under these rules. The characterization shall be done according to the procedures described in subrule (3) of this rule.

(9) The department may waive the requirements of this rule if the nature of the material to be characterized is sufficiently well understood to ensure that the conditions of R 323.2204(2)(a) will be met.

**History**
- *History: 1980 AACS; 1998-2000 AACS*

##### **Mich. Admin. Code R 323.2221** Hydrogeological report {#sec-r-323.2221 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2221}

Rule 2221. (1) Before obtaining a permit authorized under R 323.2218, an applicant shall provide a hydrogeologic report that meets the require- ments of this rule.

(2) Except as provided in subrule (6) of this rule, a hydrogeological report shall be in compliance with all of the following provisions:

(a) Describe the regional hydrogeologic conditions, including regional and local geology and surface and groundwater conditions, over an area sufficient to allow the department to determine the acceptability of discharging at the site under part 31 and this part as described in subrule (4) of this rule.

(b) Define the areal and vertical extent and physical properties of the site earth materials that assimilate and transmit the discharge.

(c) Determine whether the discharge is to a usable aquifer, an unusable aquifer, or groundwater not in an aquifer. For an aquifer, determine the groundwater flow direction, groundwater velocity, 3-dimensional flow path of the discharge within the aquifer, interconnection between aquifers, and background and existing groundwater quality. For groundwater not in an aquifer, determine that the hydraulic or other physical properties, or both, are such that the formation would not be considered an aquifer.

(d) Identify whether the discharge will occur within an established designated wellhead protection area or may occur within a proposed wellhead protection area.

(e) If the discharge is to be monitored under R 323.2223(2), provide sufficient information for the department to determine the acceptability of a proposed monitoring program.

(3) Before initiating a hydrogeologic report required by subrule (1) of this rule, the applicant may submit to the department a work plan for the development of the hydrogeologic report.

(a) The department shall approve, or recommend modifications to, the work plan within 45 calendar days of its receipt. If the applicant does not receive a written approval or recommendation within 45 calendar days of receipt by the department, then the work plan shall be considered approved.

(b) A work plan shall contain all of the following information:

(i) A map indicating the surface geology of the area with the discharge location identified.

(ii) A map indicating the topography of the area with the discharge location identified.

(iii) Logs of domestic wells adequate to characterize each water supply formation within 1/2 mile in all directions from the discharge. A map shall be provided that correlates each well log to a specific map location.

(iv) A map delineating an established or proposed designated wellhead protection area that may be affected by the discharge.

(v) For all proposed observation wells to be drilled on-site, all of the following information:

(A) Number of wells.

(B) Location.

(D) Drilling method.

(E) Well construction materials.

(F) Well development method.

(vi) For all proposed soil borings on-site, all of the following information:

(A) Number of soil borings.

(B) Location.

(D) Drilling and plugging method.

(vii) A description of all physical testing to be done to identify soil properties and aquifer characteristics and locations where testing is to occur.

(viii) A groundwater sampling and analysis plan meeting the requirements of R 323.2223(2)(a). If a map is required, it shall be drawn to scale and have a north orientation arrow.

(c) If conditions not anticipated in an approved work plan are encountered in the field while collecting information for the hydrogeologic report, then the person collecting the information may contact the department to obtain approval of the changes necessary to the original work plan. Modifications may be approved verbally by the department. Written confirmation of all changes shall be provided by the discharger within 10 working days of verbal approval by the department.

(4) All of the following are specific elements of a hydrogeologic report necessary to allow the determination required of the department by subrule (1) of this rule:

(a) Soil borings or other test methods to determine the composition of subsurface materials, locate usable aquifers, and determine the thickness of the usable aquifer. Soil boring logs shall contain all of the following information:

(i) Soil and rock descriptions.

(ii) Method of sampling.

(iii) Sample depth.

(iv) Date of boring.

(v) Water level measurements.

(vi) United States geological survey ground elevation.

(vii) Soil test data.

(viii) Standard penetration number calculated in accordance with the method specified in the standard penetration test, ASTM D1586-84, which is adopted by reference in R 323.2238.

(b) Testing of the unsaturated zone sufficient to determine both of the following:

(i) The ability of site earth materials to percolate and transmit the volume of liquids resulting from the discharge.

(ii) The vertical and horizontal extent of mounding resulting from the discharge.

(i) Based on not less than 3 wells in the aquifer receiving the discharge, the groundwater flow direction, depth to groundwater, and existing groundwater quality of the aquifer receiving the discharge.

(ii) Interconnections between the aquifers receiving the discharge and other aquifers in the vicinity of the discharge location.

(iii) Horizontal hydraulic conductivity of the aquifer receiving the discharge to allow calculation of groundwater flow velocity.

(iv) The vertical gradients within the aquifer if the discharge is to be monitored under R 323.2223(2).

(d) Data indicating both of the following groundwater quality parameters at the site:

(i) Specific conductance as an indication of dissolved solids.

(ii) Concentration of all of the following substances for inorganic groundwater chemistry comparison of water quality:

(A) Cations of calcium, sodium, magnesium, potassium, and iron.

(B) Anions of chloride, sulfate, and bicarbonate.

(D) Any additional substances present or likely to be present in the proposed discharge.

(e) If groundwater on the site or adjacent to the site is contaminated so that either property is a facility as defined by part 201, and if the extent or magnitude of the contamination could be affected by the discharge, information as described in this subrule. If the contamination is on the site, then the hydrogeologic report shall contain a delineation of the portion of the aquifer contaminated and a description of each substance that exceeds regulatory criteria. If contamination is on an adjacent property, then the hydrogeologic report shall include notice that the contamination is known to exist. The department may require further information on the nature of contamination on the adjacent property if, as a result of other information in the hydrogeological report, the department determines there is a significant likelihood that the extent or magnitude of that contamination could be affected by the discharge.

(f) For dischargers proposing land treatment under R 323.2233 to meet the standards contained in R 323.2222, an evaluation of site earth material and intended crop sufficient to support the application under R 323.2233.

(g) Supporting information, including all of the following information:

(i) A general description of the geology of the surrounding area and how it relates to the geology and hydrogeology of the discharge location, including formations used as water supplies in the area.

(ii) A narrative description of the hydrogeologic data collected and interpretation of the data as it relates to satisfying the requirements of this rule.

(iii) Cross sections showing a 2-dimensional representation of the geology of the site sufficient to reflect the site geology and hydrogeology.

(iv) A map of the site, drawn to scale with a north arrow, which indicates the surveyed locations of soil borings, observation and monitor wells, and test pits and other areas of physical testing and which has a groundwater contour overlay that indicates groundwater flow direction with a maximum contour interval of 1 foot. The top of well casings shall be surveyed and referenced to United States geological survey data accurate to 0.01 foot by a land surveyor licensed under Act No. 299 of the Public Acts of 1980, as amended, being §339.101 et seq. of the Michigan Compiled Laws, and known as the occupational code.

(v) A map of the surrounding area that shows the direction of surface drainage and all of the following within 1/2 mile of the discharge:

(A) Representative private water supply wells.

(B) All municipal water supply wells.

(D) Lakes.

(E) Ponds.

(F) Streams.

(G) Springs.

(H) Wetlands.

(vi) Information describing all pertinent current and historical land use practices at the site of discharge and at properties adjacent to the site of discharge. Land use is pertinent for purposes of this subdivision if it could be impacted by the discharge or could impact the discharge.

(vii) If groundwater monitoring is required under R 323.2223(2), a proposed groundwater monitoring system which includes at least 1 cluster well located hydraulically downgradient of the discharge and which meets the conditions of R 323.2223(2).

(viii) All data collected during the field investigation and calculations and test results used to determine aquifer properties.

(5) All test wells that are not included as part of the permanent groundwater monitoring program for the discharge, as required by R 323.2223, shall be removed and plugged according to approved procedures provided in part 127 of Act No. 368 of the Public Acts of 1978, as amended, being §§323.12701 to 323.12715 of the Michigan Compiled Laws, or part 625 of the act, mineral wells, being §§324.62501 to 324.62518 of the Michigan Compiled Laws.

(6) The department may waive all or portions of the requirements of this rule if the applicant demonstrates, to the department's satisfaction, that the purposes of this part can be met without submittal of all hydrogeologic information described in this rule.

**History**
- *History: 1980 AACS; 1998-2000 AACS*

##### **Mich. Admin. Code R 323.2222** Discharge standards {#sec-r-323.2222 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2222}

Rule 2222. (1) Except as provided in R 323.2206(4), a discharge authorized by a permit issued under R 323.2218 shall not exceed the standards contained in this rule when measured as indicated. For purposes of this rule, compliance with the standards in this rule when measured in the groundwater shall be determined as described in R 323.2224.

(2) A discharge that contains a substance that is capable of being treated by the actions of soil, soil microorganisms, or plants shall be limited as follows:

(a) A discharge that contains ammonia, nitrate, or nitrite shall be at a concentration that is less than either of the following standards:

(i) Five thousand micrograms per liter (ug/l) of total inorganic nitrogen, and not more than 500 ug/l nitrite, as measured in the effluent and groundwater.

(ii) Five thousand micrograms per liter (ug/l) of total inorganic nitrogen, and not more than 500 ug/l nitrite, as measured in the groundwater and an effluent standard indicated in the permit that can be reasonably shown by the applicant to result in meeting the groundwater standard.

(b) A discharge that contains phosphorous shall be at a concentration that is less than 5,000 ug/l as measured in the effluent, unless the department determines that either of the following alternative concentrations is appropriate:

(i) If a body of surface water is within 1,000 feet hydraulically downgradient of the discharge, then the concentration shall be less than 1 of the following standards:

(A) One thousand ug/l as measured in the effluent.

(B) One thousand ug/l as measured in the groundwater and an effluent standard that can be reasonably shown by the applicant to result in meeting the groundwater standard.

(C) A groundwater or effluent standard indicated in the permit that is determined by the department as necessary to protect surface waters as required by R 323.1041 to R 323.1117.

(ii) If a body of surface water is not less than 1,000 feet downgradient of the discharge, a concentration measured in the effluent or groundwater, or both, that has been demonstrated by the applicant to protect surface waters as required by R 323.1041 to R 323.1117.

(c) A substance other than ammonia, nitrate, nitrite and phosphorus that can be demonstrated by the applicant to qualify under this subrule shall be at a concentration less than either of the following standards:

(i) The standard established for the substance in subrules (3) to (7) of this rule as measured in the effluent and groundwater.

(ii) The standard established for the substance in subrules (3) to (7) of this rule as measured in the groundwater and an effluent standard indicated in the permit which can be reasonably shown by the applicant to result in the groundwater standard being met.

(3) A discharge containing a substance indicated in the following subdivisions shall be at a concentration that is less than the standard indicated:

(a) Aluminum, 150 ug/l.

(b) Chloride, 250,000 ug/l.

(d) Sulfate, 250,000 ug/l.

(e) Iron, 300 ug/l.

(f) Manganese, 50 ug/l. Compliance with this standard shall be determined in the effluent or groundwater, as selected by the applicant and specified in the permit.

(4) The allowable concentration for total trihalomethanes shall be 20% of the concentration at which a facility as defined by part 201 would be created. The allowable concentration shall be measured in the effluent and groundwater. To determine total trihalomethanes, a discharge shall be assessed by summing the concentrations of the following substances if found to be present:

(a) Chloroform.

(b) Bromodichloromethane.

(d) Bromoform.

(5) A discharge containing a substance not described in subrule (2)(a) or (b), (3), or (4) of this rule shall be limited as follows:

(a) If the substance is an inorganic substance not described in subrule (2)(a) or (b) or (3) of this rule, then the concentration of the substance in the groundwater shall not exceed a concentration 1/2 way between the back- ground groundwater quality and the concentration at which the site would be a facility as defined by part 201. Background groundwater quality for this purpose shall be determined by upgradient wells located pursuant to the hydrogeological report described in R 323.2221. The discharger shall notify the department if the concentration of the inorganic substance in groundwater exceeds the background groundwater quality determined under R 323.2221. An initial notification at the time when the condition first exists fulfills the discharger’s obligation of notifying the department.

The department will notify the discharger of the excessive concentration of the inorganic substance if the department becomes aware of it before notice from the discharger.

(b) If the substance is an organic parameter for which a treatment technology standard is established for the substance under R 323.2229, then the following provisions apply, as applicable:

(i) If the concentration of the substance in the effluent exceeds the treatment technology standard, then the discharger shall take initial response as required by R 323.2228. The initial response concentration established in this paragraph may be modified under R 323.2222(2)(c)(ii) based on the concentration in the groundwater established in paragraph (ii) of this subdivision.

(ii) The concentration of the substance in groundwater shall not exceed the treatment technology standard. Measurement for this purpose shall be according to R 323.2224, except that R 323.2224(2) shall not apply.

(c) If the substance is an organic parameter for which there is a standardized or EPAapproved analytical method and if a treatment technology based standard has not been determined under R 323.2229, then the following provisions apply, as applicable:

(i) The concentration of the substance in the effluent shall not exceed that concentration, if it occurred in the groundwater, a facility as defined by part 201 would exist.

(ii) If the substance is detected in groundwater, then the discharger shall take initial response as required by R 323.2228. Measurement for this purpose shall be according to R 323.2224, except that R 323.2224(2) shall not apply.

(d) If the substance is an organic parameter for which there is no standardized or EPAapproved analytical method, then the discharge shall be controlled by limiting the volume of the substance used by the discharger. The volume shall result in a discharge that has a concentration of the substance, as determined by use of a mass balance equation, which does not exceed the concentration at which a facility as defined by part 201 would be created.

(e) If there is insufficient information concerning the substance to determine the criteria described in subdivision (a), (c), or (d) of this subrule, then the substance shall not be discharged, except pursuant to subrule (7) of this rule.

(6) If the standard determined under subrule (5) of this rule is below the detection limit as determined by the department for this part, then the department may take 1 of the following actions:

(a) Deny the application if the risks associated with the inability to detect the substance at concentrations below the detection limit are determined by the department to be unacceptable.

(b) Require the discharger to demonstrate that the concentration in the discharge is not above, and cannot be above, the standard by estimating the concentration of the substance in the discharge as described in R 323.2220(5) or by monitoring the internal processes for the substance.

(c) Establish a standard in the permit at the detection limit as determined by the department for the purposes of compliance with this subrule.

(7) The department may approve a standard different from the standards established in subrules (2) to (6) of this rule under any of the following circumstances:

(a) The discharge is to groundwater in an unusable aquifer or not in an aquifer.

(b) The groundwater affected by the discharge vents to surface water and all of the following conditions are met:

(i) Venting of groundwater affected by the discharge to surface water is demonstrated by a hydrogeologic report meeting the requirements of R 323.2221.

(ii) Uses of the surface water are protected in accordance with R 323.1041 to R 323.1117.

(iii) Except as provided in paragraph (v) of this subdivision, the distance between the point of discharge and the point of venting to surface water is less than 1,000 feet.

(iv) Deed restrictions, on a form approved by the department, preventing the withdrawal and use of the groundwater for all protected uses that would be impacted by the discharge have been recorded with the register of deeds for all property, including the property of the discharger, downgradient from the discharge to the point of venting.

(v) A discharge otherwise meeting the conditions in this subrule that occurs at more than 1,000 feet from the point of venting to surface water may be authorized if the discharger owns all property between the point of discharge and the point of venting and if the department determines that alternative methods of wastewater disposal are not economically or technically feasible, that a prudent alternative does not exist, and that the discharge promotes the public health, safety, and welfare in light of the state's paramount concern for the protection of its natural resources.

(c) The department may issue a permit that has a limit that is higher than the standard established by subrules (2) to (6) of this rule, if all other conditions of this part are met and if the applicant demonstrates either of the following:

(i) Background groundwater quality exceeds the standard established in this rule for any substance and the discharge does not increase the concentration of the substance in the groundwater. A permit issued under this subdivision may limit a substance in the discharge in order to reflect changes in background groundwater quality or municipal water supply quality.

(ii) The source of the water is a municipal water supply delivered in compliance with Act No. 399 of the Public Acts of 1976, as amended, being R 325.1001 et seq. of the Michigan Compiled Laws, and known as the safe drinking water act, the water exceeds the standard established in this rule for the substance, and the discharge does not increase the concentration of the substance in the groundwater above the concentration of the municipal water supply. A permit issued under this subdivision may limit a substance in the discharge in order to reflect changes in background groundwater quality or municipal water supply quality.

(d) If an applicant demonstrates that existing groundwater quality exceeds the standard established in this rule for total inorganic nitrogen, then a permit may be issued by the department that has a higher limit than the standard established in this rule if the limit is not more than the state drinking water standard established under Act No. 399 of the Public Acts of 1976, as amended, being R 325.1001 et seq. of the Michigan Compiled Laws, and known as the safe drinking water act, the concentration of total inorganic nitrogen in the discharge does not increase the concentration of total inorganic nitrogen in the groundwater, and all other pertinent conditions of this part are met. A permit issued under this rule may include a limit on total inorganic nitrogen in order to reflect improvement in existing groundwater quality.

(e) A standard that has a limit that is higher than the limit set in subrules (2) and (4) to (7) of this rule may be established by the department in an individual case if the department determines that the standard set in subrules (2) and (4) to (7) of this rule is not economically or technically feasible, that a prudent alternative does not exist, and that establishing a higher limit is consistent with the promotion of the public health, safety, and welfare in light of the state's paramount concern for the protection of its natural resources. In approving a permit with a limit established under this subdivision, the department may prescribe criteria, limitations, or conditions as the department deems necessary to ensure that the conditions of R 323.2204 are met.

(f) A standard that is more stringent than the standards described in this rule may be established in an individual case if the department determines that readily available and cost-effective treatment technology allows a more stringent standard to be met.

(g) A standard that is more stringent than the standards described in this rule may be established for the protection of other environmental media, where applicable, if consistent with the requirements of all of the following:

(i) R 323.1041 to R 323.1117.

(ii) Protection of soil by preventing the creation of a facility as defined by part 201 or the violation of cleanup criteria established in section 21304 (a) of the act, being §324.21304(a) of the Michigan Compiled Laws, if applicable.

(iii) R 336.1901, air contaminant and water vapor prohibitions.

(h) If 2 or more substances are present and known to result in toxicological interaction, the interactive effects shall be considered in establishing standards for those substances.

**History**
- *History: 1980 AACS; 1998-2000 AACS*

##### **Mich. Admin. Code R 323.2223** Discharge monitoring {#sec-r-323.2223 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2223}

Rule 2223. (1) Monitoring required by an authorization under this part shall be conducted in a manner, at a frequency, and for a substance the department specifies, under rule or permit, is necessary to assess compliance with these rules. Analytical methods used in the monitoring shall be in compliance with R 323.2220(3). Monitoring of an indicator parameter may be used in monitoring if the technique accurately reflects the effect of the discharge. An indicator parameter shall be representative of the environmental fate of a substance or substances in the discharge and shall be 1 of the following:

(a) A substance in the discharge.

(b) A decomposition material of a substance.

(2) Groundwater monitoring shall include the collection of water quality and water level data from a well or group of wells that are specifically designed to adequately assess the impact of the discharge on groundwater as described in R 323.2224. The design of the groundwater monitoring system shall be based on all of the following:

(a) The hydrogeologic report.

(b) Considerations of the local geology.

(d) The type of discharge.

(3) At the time of application for a permit under R 323.2218, an applicant shall propose, for department approval, a groundwater sampling and analysis plan that establishes criteria for collecting representative samples of groundwater. The plan shall contain all of the following information:

(a) The number and location of wells to be included in the groundwater monitoring system.

(b) For each well, the depth and screened interval for each monitor well. The screened interval shall be referenced to United States geological survey data.

(d) Sampling frequency.

(e) A list of substances to be sampled.

(f) Sampling procedure, including all of the following:

(i) The method and volume of water removed from each well during sampling.

(ii) Steps taken to prevent cross contamination between wells.

(iii) Sample handling and preservation methods.

(iv) Laboratory analysis method.

(v) Laboratory method detection level.

(vi) Quality assurance and quality control program.

(g) A description of the techniques used to present and evaluate groundwater quality monitoring data.

(h) A description of the method used to collect static water levels and present groundwater flow data. Static water level precision shall be to 0.01 foot.

(4) A discharger shall design, construct, and abandon a monitoring well as follows:

(a) A monitoring well shall be located at a depth where the screened interval will intercept the path of any discharge from the site in the groundwater as required by the department as specified by these rules.

(b) If the thickness of the aquifer receiving the discharge is more than 20 feet, then at least 1 hydraulically downgradient monitor well location shall contain a cluster well. The separation and length of the screens shall be such that discrete groundwater potentiometric surface data can be collected to determine vertical gradients within the aquifer.

(c) Monitor well construction and sampling equipment materials shall not influence the sampling results for the substances sampled.

(d) A monitor well shall be designed to collect an adequate volume of water to allow analysis for the complete set of substances determined by the department as indicative of the discharge.

(e) Annular space between the bore hole and the well shall be grouted from the ground surface to 2 feet above the well screen so as to prevent vertical leakage of the fluids between the casing and the drill hole. When drilling through confining layers, a discharger shall install double-cased wells to prevent the hydraulic connection of fluids between formations above and below the confining layer.

(f) A well shall be protected against the introduction of contaminants by means of a locking device or by another method approved by the department.

(g) Either a well shall be vented so that accurate static water levels may be collected or else well caps shall be removed a sufficient amount of time before measurement so that representative static water levels can be measured. Care shall be taken to prevent the introduction of contaminants through vents.

(h) The well casing shall be protected against accidental damage and shall be adequately marked to prevent accidental damage.

(i) A well shall be labeled so that the discharger's name, and address and the well number can be determined through the life of the permit.

(j) If a monitoring well is to be permanently abandoned, a discharger shall follow the plugging procedures in part 127 of Act No. 368 of the Public Acts of 1978, as amended, being §§323.12701 to 323.12715 of the Michigan Compiled Laws.

(k) A discharger shall receive department approval before installing, replacing, redeveloping, or abandoning a monitoring well that is part of the discharge monitoring program.

(5) If necessary to measure compliance with a standard established under R 323.2222(7)(g), the department may specify, by rule or permit, the monitoring of media in addition to groundwater.

(6) A monitoring program under this rule shall be evaluated by the department on the basis of the threat the discharge poses to protected uses given all of the following factors:

(a) The substances in the discharge.

(b) The volume of the discharge.

(c) The amount of information related to predicting the impacts of a discharge developed through the hydrogeological report prepared under R 323.2221.

**History**
- *History: 1980 AACS; 1998-2000 AACS*

##### **Mich. Admin. Code R 323.2224** Groundwater monitoring location; approval by department {#sec-r-323.2224 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2224}

Rule 2224. (1) Except as provided in subrule (2) of this rule, the department shall approve, under R 323.2223(2), a groundwater monitoring location for determining compliance with the standards of R 323.2222 if the location meets all of the following criteria:

(a) It provides a practicable and effective point of measurement.

(b) It is located on property owned or leased by the discharger and under the discharger's control.

(2) The department may approve, under R 323.2223(2), an alternative groundwater monitoring location to determine compliance with R 323.2222 if all of the following requirements are met:

(a) The location is less than 1,000 feet from the point of discharge.

(b) The alternative location provides a practicable and effective point of measuring compliance with R 323.2222.

(i) A metal or other inorganic substance.

(ii) A substance that the applicant demonstrates can be treated by the actions of soil, soil microorganisms, or plants.

(d) The discharger has not previously met the standard for the same discharge at a closer point of compliance.

(e) The discharger demonstrates all of the following:

(i) Meeting the standard at a closer point of compliance is economically burdensome or technically impractical.

(ii) The concentration of the substance in the groundwater between the point of compliance that would be determined under subrule 1 of this rule and the point of compliance determined under this subrule shall not exceed that which would require remedial action pursuant to part 201 for the land use classification of the property on which the discharge is located.

(iii) The discharger demonstrates that the adoption of an alternative or alternatives described in R 323.2219(1) to (3) is not prudent given the state's paramount concern for the protection of its natural resources or public trust in the resources from pollution, impairment, or destruction. In determining whether the discharger has successfully demonstrated that the adoption of an alternative or alternatives is not prudent, the department shall specifically solicit and consider public comment on the issue and make the determination in writing.

(f) The discharger has in place and implements all of the following:

(i) A written pollution prevention policy that promotes the elimination of waste or reduction of waste at the source of generation.

(ii) A pollution prevention policy that is signed by a responsible official and available to the department upon request.

(iii) Periodic pollution prevention assessments that identify opportunities for eliminating waste at the source.

(iv) Pollution prevention goals that specify the environmental media types of pollution prevention to be prevented or reduced, implementation activities, and projected time frames.

(v) The recording of progress in achieving pollution prevention goals.

(g) The point of compliance and all land surface area over groundwater from the point of discharge hydraulically downgradient to the point of compliance that does not meet the standards in R 323.2222 are located on property under the ownership and control of the discharger. For purposes of this subrule, a public or private transportation or utility rightof-way may be considered under the ownership and control of the discharger if the rightof-way owner gives written consent.

(h) Groundwater affected by the discharge that exceeds the standards of R 323.2222 is located outside of a designated wellhead protection zone or, if a wellhead protection zone has not been designated, not less than 2,000 feet from an existing type I water supply well as defined in Act No. 399 of the Public Acts of 1976, as amended, being §325.1001 et seq. of the Michigan Compiled Laws, and known as the safe drinking water act, not less than 300 feet laterally from adjacent property that has a land use classification of residential, and not less than 800 feet laterally from adjacent property that has a land use classification of commercial or industrial. The department may authorize a lesser distance if, based upon hydrogeologic information contained in the report required under R 323.2221, there is no potential for impact to a wellhead protection zone or the use of ground- water on affected property.

(i) A discharger may not use groundwater for human consumption if the groundwater does not meet state or federal standards for use as a potable water supply. A discharger shall record a restrictive covenant or other similar legal instrument describing this restriction against using groundwater for human consumption. Upon approval of the department, a discharger or subsequent owner of the property may modify the restrictive covenant or similar legal instrument to allow use of the groundwater for drinking if all groundwater affected by the discharge meets state or federal standards for use as a potable water supply.

(3) If the department grants an alternative point of compliance in accordance with this rule, then the department shall provide copies of hydrogeologic information upon which the decision is based to the county, district, or city health department that has jurisdiction.

**History**
- *History: 1980 AACS; 1998-2000 AACS*

##### **Mich. Admin. Code R 323.2225** Monitoring reports {#sec-r-323.2225 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2225}

Rule 2225. A discharger is required to provide monitoring reports to the department under this part at a time and in a manner specified by the depart-ment in a permit or other applicable authorization. The department shall provide a copy of a monitoring report upon request by any interested party.

**History**
- *History: 1980 AACS; 1998-2000 AACS*

##### **Mich. Admin. Code R 323.2226** Cessation of discharge-related activities {#sec-r-323.2226 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2226}

Rule 2226. (1) A discharger who has eliminated all or any portion of a discharge area or treatment system or intends to eliminate a discharge area or treatment system shall comply with subrules (2) to (4) of this rule. The department may waive the requirements of subrules (2) and (4) of this rule upon written request by a discharger who intends to temporarily cease the use of a discharge area or treatment system for longer than 9 months.

(2) A discharger shall eliminate all physical threats associated with discharge-related facilities not later than 5 calendar days after use of the facility has ceased.

(3) A discharger shall comply with part 201, if applicable, or part 213, if applicable.

(4) If a discharge is authorized under R 323.2218 or involves the use of a lagoon, including a discharge authorized before the effective date of these rules, then a discharger shall close the facility as follows, unless otherwise authorized by the department:

(a) Not less than 75 calendar days before the cessation of discharge- related activities, a discharger shall representatively characterize the wastewater, soils, sediments, and sludges in the following manner:

(i) A discharger shall representatively characterize the wastewater according to R 323.2220.

(ii) A discharger shall conduct a totals analysis for substances that may be present, given the nature of the discharge, on representative samples of soils affected by the discharge and representative samples of sediment and sludges associated with the discharge. The totals analysis shall be according to procedures described in R 323.2220(3). Samples shall be selected using procedures determined by the department.

(iii) If the totals analysis for a substance is more than 20 times the toxicity characteristic regulatory level under part 111, then a discharger shall conduct a toxicity characteristic leaching procedure according to EPA method 1311 on representative samples of the soils, sediments, and sludges, as appropriate. EPA method 1311 is found in the EPA document entitled "Test Methods for the Evaluation of Solid Waste, Physical-Chemical Methods,"

SW-846, 3rd Edition, September 1986, as updated through the effective date of these rules.

EPA method 1311 is adopted in these rules by reference and is available for inspection at the Lansing office of the department of environmental quality, waste management division.

EPA document SW-846 and updates may be purchased from the United States Government Printing Office, Superintendent of Documents, P.O. Box 371954, Pittsburgh, Pennsylvania 15250-7954, or the Michigan Department of Environmental Quality, Waste Management Division, P.O. Box 30241, Lansing, Michigan 48909, at a cost at the time of adoption of these rules of $319.00, plus shipping and handling.

(b) Within 30 days of completing the characterization, a discharger shall submit a closure plan meeting the requirements of subdivision (c) of this subrule to the department for review and approval. The closure plan shall include a schedule for implementation of closure activities as follows:

(i) Within 45 calendar days of receipt, the department shall approve the closure plan, approve the plan with modifications, or deny the plan. If a plan is denied by the department, then a discharger shall resubmit the plan within 30 days.

(ii) Implementation of the closure plan shall be initiated within 30 calendar days of approval and shall be completed within 1 year.

(i) If the level of a contaminant in the groundwater qualifies the site as a facility as defined by part 201, then the discharger shall comply with the requirements of part 201 with respect to the groundwater.

(ii) If the groundwater exceeds a standard established for criteria by the department under section 21304(a) of the act, then a discharger shall comply with the requirement of part 213 with respect to the groundwater.

(iii) If the characterization of wastewater remaining at the cessation of the discharge indicates that wastewater concentrations exceed a standard of R 323.2222, then a discharger shall treat and dispose of the wastewater as authorized by this part or remove the wastewater from the site to an approved wastewater treatment plant for treatment and disposal.

(iv) Any sediments and sludges shall be managed in accordance with part 111 or part 115, as appropriate.

(v) Soils associated with the discharge shall be managed in accordance with part 111, part 115, or part 201, as appropriate.

(d) The department may require postclosure monitoring activities to evaluate the effectiveness of closure activities.

(e) A discharger shall notify the department before implementing activities described in the approved closure plan and certify completion of the approved closure plan. One of the following shall certify completion of the plan:

(i) An engineer licensed under Act No. 299 of the Public Acts of 1980, as amended, being R 339.101 et seq. of the Michigan Compiled Laws, and known as the occupational code.

(ii) A professional geologist certified by the American Institute of Professional Geologists, 7828 Vance Drive, Suite 103, Arvada, Colorado 80003.

(iii) A professional hydrologist certified by the American Institute of Hydrology, 2499 Rice Street, Suite 135, St. Paul, Minnesota 55113.

(iv) A groundwater professional certified by the National Ground Water Association, Association of Groundwater Scientists and Engineers Division, 601 Dempsey Road, Westerville, Ohio 43081.

(v) Another groundwater professional certified by an organization approved by the department.

**History**
- *History: 1980 AACS; 1998-2000 AACS*

##### **Mich. Admin. Code R 323.2227** Discharger compliance responsibilities {#sec-r-323.2227 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2227}

Rule 2227. (1) If, during the term of an authorization to discharge granted under this part, monitoring data indicate that a limit on the concentration of a substance in groundwater or effluent has been exceeded, then a discharger shall do all of the following:

(a) Notify the department, by written instrument within 7 calendar days of making the determination, that a limit has been exceeded. The notification shall include all of the following information:

(i) The name of any substance for which a limit was exceeded.

(ii) The concentration at which the substance was found.

(iii) The location or locations at which the limit was exceeded.

(b) Within 14 days of making the determination that a limit has been exceeded, resample the monitoring location at which the limit was exceeded as specified in a permit issued under these rules.

(c) Within 60 calendar days of making the determination that a limit has been exceeded, submit a report that includes all of the following information:

(i) Results of the confirmation sampling.

(ii) An evaluation of the cause for the limit being exceeded and the impact of that event to groundwater.

(iii) A proposal detailing steps taken or to be taken to prevent recurrences.

(d) Take actions as may be required by the department under subrule (2) of this rule.

(2) If the department determines that a limit on the concentration of a substance in effluent or groundwater has been exceeded, then the department may require the discharger to undertake 1 or more of the following activities:

(a) Change the monitoring program, including increasing the frequency of effluent monitoring or groundwater sampling, or both.

(b) Develop and implement a groundwater monitoring program if one is not in place. A groundwater monitoring program established under this provision shall comply with R 323.2223(2).

(c) If the discharge is in a designated wellhead protection area, assess the affects of the discharge on the public water supply system.

(d) Review the operational or treatment procedures, or both, at the facility.

(e) Define the extent to which groundwater quality exceeds the applicable criteria established by the department under section 20120a(1)(a) of the act, if applicable, or under section 21304(a) of the act, if applicable.

(f) Revise the operational procedures at the facility.

(g) Change the design or construction of the wastewater operations at the facility.

(h) Initiate an alternative method of waste treatment or disposal.

(i) If the standard for the substance is established by R 323.2222(5), reduce or eliminate use of the substance.

(j) Close the facility or end the discharge that resulted in the applicable standard being exceeded.

(k) Remediate contamination to comply with the terms of section 20120a and b of the act, if applicable, or section 21304(a) of the act, if applicable.

(3) If the department determines there is a change in groundwater quality from a normal operating baseline that indicates the concentration of a substance in groundwater may exceed an applicable limit, then the discharger shall take the following actions if required by the department:

(a) Change the monitoring program, including increasing the frequency of effluent sampling or groundwater sampling, or both.

(b) Review the operational or treatment procedures, or both, at the facility.

**History**
- *History: 1980 AACS; 1998-2000 AACS*

##### **Mich. Admin. Code R 323.2228** Initial response {#sec-r-323.2228 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2228}

Rule 2228. (1) A discharger who is required by R 323.2222(5)(b)(i) or (c)(ii) to take initial response shall do all of the following:

(a) Confirm the initial sampling result and notify the department as described in R 323.2227(1)(a) and (b).

(b) Within 60 calendar days of determining that initial response is required, submit a report that includes all of the following:

(i) Results of confirmation sampling.

(ii) An evaluation of the cause for the need for initial response.

(iii) A plan detailing steps to be taken to reduce the concentration of the substance in the effluent or groundwater below the concentration necessary for initial response. The plan shall include a schedule that is the shortest time practicable, but not more than 1 year, for achieving the reduction. If, based on groundwater velocity, the effect of actions to be taken in the plan will not be measurable in groundwater within 1 year, then the plan shall correlate groundwater concentrations of the substance of concern with effluent concentrations and be designed to achieve necessary reductions in effluent concentrations within as short a time as practical, but not more than 1 year.

(c) Within 15 calendar days of submitting the plan required in subdivision (b)(iii) of this subrule, implement the plan taking into account any comments by the department.

(d) Complete the plan described in subdivision (b)(iii) of this subrule, in the time described in that subdivision, unless either of the following occurs:

(i) The discharger demonstrates, to the satisfaction of the department, that the concentration of the substance has fallen and will remain below the level necessary for initial response because of steps already taken. If the demonstration satisfies the department, then the discharger need not take any additional steps identified in the plan to reduce concentrations of the substance.

(ii) The concentration of the substance exceeds the limit described in R 323.2222(5)(b)(ii) or (c)(i), in which case the discharger shall comply with R 323.2227.

(e) If initial response is still necessary at the completion of the plan described in subdivision (b)(iii) of this subrule, describe in a second plan further steps to reduce the concentration of the substance below the level at which initial response is necessary.

Development and implementation of the plan shall conform with subdivisions (b)(iii), (c), and (d) of this subrule.

(f) If the initial response is not successful as specified in subrule (2) of this rule, undertake the following activities as required by the department:

(i) If the discharge is in a designated wellhead protection area, assess the effects of the discharge on the public water supply system.

(ii) Review the operational or treatment procedures, or both, at the facility.

(iii) Revise the operational procedures at the facility.

(iv) Change the design or construction of the wastewater operations at the facility.

(v) Initiate an alternative method of waste treatment or disposal.

(vi) Reduce or eliminate use of the substance.

(2) An initial response is not successful if the concentration of the substance is above the concentration described in R 323.2222(5)(b)(i) or (c)(ii) at the earlier of the following events:

(a) When the plan described in subrule (1)(e) of this rule has been fully implemented.

(b) Two years from the date the report described in subrule (1)(b) of this rule was due to be submitted to the department.

(3) A discharger who is in compliance with initial response requirements described in this rule is not subject to the civil fine described in section 3115(1) of the act, if the substance does not exceed the limit described in R 323.2222(5)(b)(ii) or (c)(i).

**History**
- *History: 1980 AACS; 1998-2000 AACS*

##### **Mich. Admin. Code R 323.2229** Treatment technology-based standards {#sec-r-323.2229 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2229}

Rule 2229. (1) The treatment technology-based standard described in R 323.2222(5)(b) for a substance listed in table 101 shall be the concentration specified in table 101.

(2) The department may specify a treatment technology-based standard for an organic substance in a permit issued under R 323.2218 if the applicant, using published documentation or verified field testing, demonstrates that the treatment technology achieves the lowest concentration possible in the discharge.

(3) The department shall update table 101 on a periodic basis, but at least once every 3 years.

**History**
- *History: 1980 AACS; 1998-2000 AACS*

##### **Mich. Admin. Code R 323.2230** Treatment system requirements {#sec-r-323.2230 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2230}

Rule 2230. A treatment system described in R 323.2216(3) shall be in compliance with all of the following requirements:

(a) The treatment system shall have sufficient hydraulic capacity to treat organic or inorganic loading so that the discharge receives physical, chemical, biological treatment or a combination of treatments to meet the standards of R 323.2222. Subsequent to construction of treatment facilities built under this rule, a discharger shall obtain certification by an engineer licensed under Act No. 299 of the Public Acts of 1980, as amended, being ?339.101 et seq. of the Michigan Compiled Laws, and known as the occupational code, that the treatment system complies with this requirement. The certification shall be available for inspection by the department.

(b) Wastewater sludge shall be disposed of in accordance with part 115 or land applied in accordance with applicable state and federal law.

(c) Operation of the treatment system shall be under the supervision of an operator certified pursuant to section 3110(1) of the act for an industrial or commercial entity or section 4104 of the act for a sewage treatment works operated by a municipality.

(d) A discharger shall maintain all treatment or control facilities or systems installed or used by the discharger to achieve compliance with this rule in good working order and operate the facilities or systems as efficiently as possible.

(e) A discharger shall have an operation and maintenance manual for the wastewater treatment facility. The manual shall be used by the certified operator of the facility as a guide for facility operation and maintenance. The operation and maintenance manual shall include all of the following information:

(i) The function, start-up, shutdown, and periodic maintenance procedures for each unit process and item of mechanical and electrical equipment.

(ii) The appropriate response or facility adjustment to minimize the impact of an emergency situation so as to facilitate rapid implementation of a correct response during emergencies.

(iii) A monitoring program to monitor process efficiency.

(iv) The details of how inspections will be conducted and a schedule for the inspection of collection system and pump stations, where applicable.

(v) The periodic maintenance procedures for the collection system and pump stations, where applicable.

(vi) Procedures for the routine maintenance and inspection of lagoons and equipment used for irrigation, where applicable.

**History**
- *History: 1980 AACS; 1998-2000 AACS*

##### **Mich. Admin. Code R 323.2231** Certain treatment systems; design, operation, maintenance, limitation, and monitoring {#sec-r-323.2231 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2231}

Rule 2231. (1) A treatment system described in R 323.2216(3) that involves lagoon storage and land treatment shall be designed, operated, maintained, limited, and monitored in accordance with all of the following provisions:

(a) The lagoon liner shall meet the requirements of R 323.2237.

(b) The minimum storage volume of the lagoon system shall be 1/2 of the annual influent flow.

(i) Cell 1 shall not exceed a maximum depth of 6 feet.

(ii) Cell 2 shall not exceed a maximum depth of 8 feet.

(iii) Subsequent cells shall not exceed a maximum depth of 10 feet.

(d) A lagoon system that has mechanical aerators shall meet all of the following criteria:

(i) The lagoon system shall be a minimum of 2 cells.

(ii) A minimum of 2 mg/l dissolved oxygen shall be maintained in the primary cell.

(iii) The maximum depth of secondary cells shall not exceed 10 feet.

(e) A lagoon shall have security fencing and warning signs.

(f) Wastewater disposal shall be by means of land application to a suitable crop in accordance with R 323.2233.

(g) Effluent may be discharged from May 1 through October 15, unless alternative dates are approved by the department.

(h) A discharge shall occur only from an isolated cell. An isolated cell is one that has not received untreated wastewater at least 30 calendar days before a discharge.

(i) A discharger shall inspect the lagoon facilities weekly and maintain an inspection log unless otherwise authorized by the department.

(j) A discharger shall meet all of the following requirements when drawing down a cell for transfer or discharge unless otherwise authorized by the department:

(i) Water discharged or transferred shall be removed from the surface 2 feet of the cell at a rate of less than 1 foot per day.

(ii) A discharger shall maintain a minimum of 2 feet of freeboard in all cells at all times.

(iii) A discharger shall maintain a minimum of 2 feet of water in all cells at all times.

(k) A discharger shall implement a facility maintenance program that, at a minimum, incorporates all of the following management practices unless otherwise authorized by the department:

(i) Vegetation shall be maintained at a height not more than 6 inches above the ground on lagoon dikes.

(ii) Not more than 10% of the water surface shall be covered by floating vegetation and not more than 10% of the water perimeter may have emergent rooted aquatic plants.

(iii) Dikes shall be inspected for evidence of erosion and animal burrowing. Damage due to erosion or animal burrowing shall be corrected immediately and steps taken to prevent occurrences in the future.

(iv) The occurrence of any of the following shall be minimized and immediate steps shall be taken to eliminate each occurrence:

(A) Scum.

(B) Floating sludge.

(D) Insect infestations.

(E) Septic conditions.

(2) A treatment system which is described in R 323.2116(3) and which does not involve land treatment, such as a sequencing batch reactor, oxidation ditch, or activated sludge with denitrification capabilities, shall meet the following requirements, as applicable:

(a) A system that does not have a minimum storage volume of 1/2 the annual influent flow shall comply with both of the following provisions:

(i) Meet the requirements of R 323.2222 in the effluent.

(ii) Have a contingency plan to deal with periods of upset, mechanical malfunctions, and routine maintenance while maintaining compliance with this part.

(b) A sequencing batch reactor system shall have a minimum of 2 treatment tanks.

**History**
- *History: 1980 AACS; 1998-2000 AACS*

##### **Mich. Admin. Code R 323.2232** Monitoring and limiting certain discharges {#sec-r-323.2232 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2232}

Rule 2232. A discharge authorized under R 323.2216(2) or (3) shall be limited and monitored by the discharger as follows:

(a) Flow shall be measured.

(b) Unless otherwise approved by the department under subdivision (d) of this rule, grab samples shall be collected and analyzed twice each month for the following parameters:

(i) Ammonia-nitrogen.

(ii) Nitrate-nitrogen.

(iii) Nitrite-nitrogen.

(iv) Sodium.

(v) Chloride.

(vi) Phosphorus.

(vii) The pH.

(viii)Dissolved oxygen for a primary cell described in R 323.2231(1) (d)(ii).

(i) Total inorganic nitrogen is limited to 20 mg/l in the effluent if the discharge is done under R 323.2233 and R 323.2234 or R 323.2235.

(ii) Total inorganic nitrogen is limited to 5 mg/l in the effluent if the discharge is done under R 323.2233 and R 323.2236.

(iii) Sodium is limited to 150 mg/l in the effluent.

(iv) Chloride is limited to 250 mg/l in the effluent.

(v) Total phosphorus is limited to 5 mg/l in the effluent if the discharge is done under R 323.2233 and either R 323.2234 or R 323.2235.

(vi) Total phosphorus is limited to 2 mg/l in the effluent if the discharge is done under R 323.2233 and R 323.2236.

(vii) The pH of the effluent shall be between 5.5 and 10.0 standard units.

(d) The application rate of the discharge shall be determined by direct measurement or calculation. If the discharge in done in accordance with R 323.2233 and R 323.2234 or R 323.2235, then the flow volume shall be reported in gallons per day and the application rate of the discharge shall be reported both in units of inches per day and inches per week.

If the discharge is done in accordance with R 323.2233 and R 323.2236, then the flow volume shall be reported in gallons per day.

(e) Alternative measurement frequencies may be approved by the department if the discharger demonstrates that results are representative of the discharge.

(f) Monitoring reports shall be submitted in accordance with R 323.2225.

**History**
- *History: 1980 AACS; 1998-2000 AACS*

##### **Mich. Admin. Code R 323.2233** Land treatment of wastewater; requirements {#sec-r-323.2233 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2233}

Rule 2233. (1) For the purposes of this rule, the land treatment of wastewater shall be categorized into 1 of 3 of the following general processes:

(a) Slow rate.

(b) Overland flow.

(2) If land application is considered part of the overall treatment to meet the standards of R 323.2222, then a discharger shall incorporate the use of slow rate or overland flow processes in the design.

(3) A land treatment system shall comply with the general requirements for land treatment systems as described in subrule (4) of this rule as well as the specific requirements applicable to the type of land treatment system provided in R 323.2234 to R 323.2236. If a land treatment system includes a combination of 1 or more of the processes, then the overall system shall comply with the general requirements in subrule (4) of this rule and its individual component processes shall comply with the applicable requirements provided in R 323.2234 to R 323.2236. A discharger shall provide detailed design data, as described in this rule, to the department upon request.

(4) A land treatment system shall meet all of the following requirements:

(a) The system shall be designed, constructed, and operated as follows:

(i) The system shall be designed and constructed to prevent surface runoff from either entering or exiting the system.

(ii) The system shall be designed and constructed to provide even distribution of wastewater during application. A header ditch, where used, shall be designed and constructed to allow for complete drainage after each wastewater loading or shall be lined to prevent seepage.

(iii) If vegetative cover is utilized and is considered part of the overall treatment system, then the design and construction of the system shall allow for the mechanical harvesting of vegetative cover.

(iv) The system shall be designed, constructed, and operated to allow an appropriate loading cycle. An appropriate loading cycle allows time between loadings for all of the following:

(A) Soil organisms to biologically decompose organic constituents in the wastewater.

(B) Organic solids on the soil surface to decompose.

(D) Vegetative cover to utilize available nutrients provided through the application of the wastewater.

(E) Soil conditions to become unsaturated and aerobic.

(F) Harvesting operations to occur at appropriate times.

(v) The design hydraulic loading or application rate, whether daily, monthly, or annual, shall not be more than 7% of the permeability of the most restrictive soil layer within the solum over the area of the discharge as determined by the saturated hydraulic conductivity method or 12% of the permeability as determined by the basin infiltration method. The design annual hydraulic loading rate shall not be more than 3% of the permeability of the solum when determined by either the cylinder infiltration method or air entry permeameter test method. The methods referenced in this paragraph for determining soil permeability are adopted by reference in these rules and are contained in the publication entitled "Methods of Soil Analysis, Part 1, Physical and Mineralogical Properties," Second Edition, American Society of Agronomy, 1986. The publication may be purchased from the American Society of Agronomy, 677 South Segoe Road, Madison, Wisconsin 53711-1086, or the Michigan Department of Environmental Quality, Waste Management Division, P.O.

Box 30241, Lansing, Michigan 48909, at a cost at the time of adoption of these rules of $65.00, plus shipping and handling. A discharger, if utilizing published information, shall determine the methodology used to measure the reported hydraulic conductivity. If published information is utilized and if it is given as a range of expected values, then a discharger shall use the minimum value given the most restrictive soil layer within the solum when calculating the hydraulic loading or application rate.

(vi) The system shall be designed, constructed, and operated so as to prevent the development of sodic conditions within the solum of the discharge area. Sodic conditions are considered to exist in the solum when the exchangeable sodium percentage, which is the percentage of the cation exchange capacity of a soil occupied by sodium, is more than 15%. The exchangeable sodium percentage shall be calculated by dividing the quantity of exchangeable sodium in the solum, in milliequivalents per 100 grams of soil, by the cation exchange capacity, also in milliequivalents per 100 grams of soil, multiplied by 100.

(b) If phosphorus adsorption within the solum or unsaturated soil column is part of the overall treatment process, then the system shall be designed as follows:

(i) The available phosphorus adsorptive capacity of the solum or unsaturated soil column from within the discharge area shall be sufficient to provide the necessary treatment to ensure that the applicable limit established in the permit is not exceeded for the duration of the permit.

(ii) The loading cycle shall be designed so as to provide the necessary contact time within the solum or unsaturated soil column required for phosphorus to be removed from the applied wastewater through adsorption processes.

(iii) The available phosphorus adsorptive capacity of the discharge area shall be determined through either of the following methods:

(A) By subtracting phosphorus levels of the unsaturated soil column, determined through on-site Bray-P1 analysis, from published phosphorus adsorption capacity data for the solum found within the discharge area. The method and procedure for the Bray-P1 analysis referenced in this subparagraph are contained in the publication entitled "Methods of Soil Analysis, Part 3 - Chemical Methods," American Society of Agronomy, 1996. The publication is adopted by reference in these rules and may be purchased from the American Society of Agronomy, 677 South Segoe Road, Madison, Wisconsin 53711-1086, or the Michigan Department of Environmental Quality, Waste Management Division, P.O. Box 30241, Lansing, Michigan 48909, at a cost at the time of adoption of these rules of $65.00, plus shipping and handling.

(B) By subtracting phosphorus levels of the unsaturated soil column, as determined through on-site Bray-P1 analysis, from the phosphorus adsorption maximum as determined through Langmuir isotherm analysis of on site soils, after adjustments for the concentration of phosphorus in the effluent and fraction of utilization within the solum are made. The method and procedure for determining phosphorus adsorption maximum through Langmuir isotherm analysis referenced in this subparagraph are contained in the publication entitled "Phosphate Sorption Isotherms for Evaluating Phosphorus Requirements of Soils," Soil Science Society of America Journal, Volume 34, American Society of Agronomy, 1970. The publication is adopted by reference in these rules and may be purchased from the American Society of Agronomy, 677 South Segoe Road, Madison, Wisconsin 53711- 1086, or the Michigan Department of Environmental Quality, Waste Management Division, P.O. Box 30241, Lansing, Michigan 48909, at a cost at the time of adoption of these rules of $65.00, plus shipping and handling.

(iv) Unless otherwise specified in a permit issued under R 323.2216 or R 323.2218, each individual discharge area shall be annually sampled in accordance with the publication entitled "Michigan State University Extension Bulletin E- 498" or other method approved by the department, and the samples shall be analyzed for cation exchange capacity, available Bray-P1 phosphorus, pH, and sodium. Bulletin E-498 is available from Michigan State University Bulletin Office, 10-B Agriculture Hall, Michigan State University, East Lansing, Michigan 48824, at a cost of 25 cents per copy at the time of adoption of these rules. A single copy is free to Michigan residents. A copy of bulletin E-498 may also be obtained from the Michigan Department of Environmental Quality, Waste Management Division, P.O. Box 30241, Lansing, Michigan 48909, at a cost at the time of adoption of these rules of 25 cents, plus shipping and handling.

(i) Portions of the wastewater distribution system shall be capable of being taken out of service for maintenance and other operational activities and to provide rest to portions of the irrigation area without disrupting applications to other areas of the system.

(ii) All areas within a system shall be accessible for maintenance equipment.

(iii) For slow rate and overland flow treatment systems, the pH of the plow layer within the discharge area shall be maintained between 6.0 and 7.5 standard units.

(iv) The discharge to a land treatment system shall be limited so that the discharge volume combined with the precipitation from a 10-year frequency, 24- hour duration rainfall event does not overflow the designed discharge area.

(d) For the purposes of the issuance of a permit under R 323.2218, in determining discharge limitations, the department shall consider all of the following:

(i) Past operating performance.

(ii) The ability of the solum or the unsaturated soil column to treat the pollutants of concern in the discharge.

(iii) Hydrogeologic characteristics of the site.

(iv) Other pertinent information.

**History**
- *History: 1980 AACS; 1998-2000 AACS*

##### **Mich. Admin. Code R 323.2234** Slow rate land treatment {#sec-r-323.2234 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2234}

Rule 2234. (1) Slow rate land treatment is the application of wastewater to a vegetated land surface with the applied wastewater being treated as it flows through the plant and soil matrix. A portion of the flow is expected to percolate to the groundwater while the remainder is utilized by plants or lost through evaporation. A facility utilizing a slow rate system for the land treatment of wastewater shall design and construct the system under this rule.

(2) The wastewater loading volume shall be designed so that the wastewater will be absorbed and held within the effective rooting zone of the vegetative cover established on the site receiving the wastewater.

(3) The daily application rate, in inches per day of the wastewater, shall not exceed the permeability as determined by R 323.2233(2)(a)(v) multiplied by 24.

(4) The header ditch drainage and the grading of the furrows, where utilized, shall be tested for equal liquid distribution before seeding.

(5) The system shall be seeded with a mixture of perennial vegetative cover, which are grasses such as reed canary grass, tall fescue, and orchard grass, alone or in combination with legumes, such as clover, alfalfa, and birdsfoot trefoil, suited to the climate and the soil moisture conditions created as a result of the application of wastewater in accordance with the designed loading cycle. The department may approve alternative vegetative cover on a case-by- case basis, but may impose restrictions based upon the characteristics of the proposed alternative.

(6) All furrow side slopes, where present, shall be designed and constructed to allow for periodic maintenance and or mechanical harvesting of vegetative cover.

(7) The depth of the furrows of a ridge and furrow system, when utilized, shall be adequate to contain the highest proposed furrow stream. The furrow stream is the volume, in gallons per unit time, usually per minute, of wastewater discharged into the furrow.

**History**
- *History: 1980 AACS; 1998-2000 AACS*

##### **Mich. Admin. Code R 323.2235** Overland flow treatment {#sec-r-323.2235 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2235}

Rule 2235. (1) Overland flow treatment of wastewater is the application of wastewater to the upper reaches of grass-covered slopes with excess wastewater collected at the end of the slopes for reapplication. A facility utilizing an overland flow system for the land treatment of wastewater shall design and construct the system under this rule.

(2) A system may be constructed on a site that has slowly permeable soil, which is soil that has 50% or more of the soil particles pass through a no. 200 sieve, except that more permeable or coarser textured soil may be approved on a case-by-case basis depending on system design and wastewater strength. Suitable soil shall extend not less than 3 feet below the soil surface.

(3) The system shall consist of an adequate number of cells that can be alternately loaded and rested, unless there is adequate storage or pretreatment, to allow loading and resting of a single cell.

(4) The shape of each cell within the system shall be designed to minimize soil disturbance when constructing the system.

(5) For a system utilizing more than 1 cell, the wastewater distribution system shall be designed and constructed so that individual cells within the system can be taken out of service for resting or other purposes without disruption to the remaining cells.

(6) The header ditch drainage and the grading of the furrows, where utilized, shall be tested for equal liquid distribution before seeding.

(7) All embankments and dikes shall be properly seeded in order to establish appropriate vegetative cover for the purpose of erosion prevention.

(8) All furrow side slopes, where present, shall be designed and constructed to allow for the periodic maintenance and mechanical harvesting of vegetative cover.

(9) The depth of the furrows of a ridge and furrow system, when utilized, shall be adequate to contain the highest proposed furrow stream. The furrow stream is the volume, in gallons per unit time, usually per minute, of wastewater discharged into the furrow.

(10) The system shall be seeded with perennial grass, or other vegetation approved by the department as capable of high nutrient uptake, and be suited to the climate and soil moisture conditions created by the operation of the system. Vegetative cover, not less than 2 inches in length and capable of preventing significant erosion to furrows or embankments, shall be established before the system is used for wastewater treatment.

**History**
- *History: 1980 AACS; 1998-2000 AACS*

##### **Mich. Admin. Code R 323.2236** Rapid infiltration {#sec-r-323.2236 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2236}

Rule 2236 .(1) Rapid infiltration is the application of wastewater to areas of moderately to highly permeable soil. The majority of applied wastewater percolates through the soil, and the treated effluent drains naturally to groundwater. The effluent is minimally treated as it travels through the soil matrix. Vegetation is not typically a part of the overall treatment process. The utilization of vegetation or its presence within a discharge area typically does not interfere with system performance. A facility utilizing rapid infiltration systems for the land treatment of wastewater shall design and construct the system under this rule.

(2) The system shall consist of 2 or more cells or absorption areas that can be alternately loaded and rested or consist of 1 cell or absorption area preceded by an effluent storage or stabilization pond system. If only 1 cell or absorption area is provided, then the storage or stabilization pond shall be operated on a fill and draw basis and have sufficient capacity to allow intermittent loading of the cell or absorption area.

(3) For a system that has more than 1 cell or absorption area, an individual cell or absorption area of the system shall be capable of being taken out of service without disrupting application to other cells or absorption areas of the system.

(4) An appropriate hydraulic loading cycle shall be developed and implemented to maximize long-term infiltration rates and allow for periodic maintenance.

**History**
- *History: 1980 AACS; 1998-2000 AACS*

##### **Mich. Admin. Code R 323.2237** Wastewater treatment or storage lagoons {#sec-r-323.2237 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2237}

Rule 2237. (1) Except as provided in subrule (4) of this rule, wastewater treatment or storage lagoons associated with a discharge shall consist of a composite liner with a base that meets the requirements of subrule (2) of this rule and a liner as described in subrule (3) of this rule.

(2) The base of the composite liner required by this rule shall be a natural soil barrier that meets the criteria of subdivision (a) of this subrule, a compacted soil barrier that meets the criteria of subdivision (b)of this subrule, or a geocomposite clay liner that meets the criteria of subdivision (c) of this subrule as follows:

(a) A natural soil barrier used as a base in a composite liner system shall meet all of the following requirements:

(i) The natural soil shall be free of sand lenses and not less than 10 feet thick.

(ii) The soil shall have a saturated vertical hydraulic conductivity of not more than 1 x 10- 7 centimeters per second. The hydraulic conductivity of the soil shall be determined using ASTM method D5084-90, which is adopted by reference in R 323.2238, as modified by the department in R 299.4920. If flexible wall permeameters are used, then confining pressures shall be equivalent to the minimum pressure expected after the lagoon is placed in service.

(iii) For abovegrade construction or if the lagoon liner base does not extend to the ground surface, perimeter dike walls shall be constructed using a soil that meets the criteria of subdivision (b)(ii) and (iii) of this subrule and keyed into the natural soil base.

(iv) The natural soil liner surface shall be prepared for placement of the flexible membrane liner (FML) to remove the potential for failures to the FML.

(v) Alternative test and investigative methods may be approved by the department.

(vi) An engineer licensed under Act No. 299 of the Public Acts of 1980, as amended, being §339.101 et seq. of the Michigan Compiled Laws, and known as the occupational code, shall certify to the department, through spatially random testing and measurements, that the requirements of this rule were met during installation of the natural soil base of the composite liner. At least 1 soil test shall be conducted and an additional test shall be conducted for every 5,000 cubic yards placed and when the texture of the soil changes.

(b) A compacted soil liner used as a segment of the composite liner system shall meet all of the following requirements:

(i) The compacted soil liner shall have a minimum thickness of 2 feet.

(ii) The relationship between hydraulic conductivity, moisture, and density shall be established with laboratory testing for the source of clay that will serve as the compacted clay portion of the composite liner. The relationship shall be determined using either the modified proctor test, ASTM D1557-91, which is adopted by reference in R 323.2238, or the standard proctor test, ASTM D698- 91, which is adopted by reference in R 323.2238.

(iii) Each lift shall be thoroughly and uniformly compacted to achieve a hydraulic conductivity of not more than 1 x 10-7 centimeters per second based upon the density and moisture content determined under subdivision(b)(ii) of this subrule. The hydraulic conductivity of the soil shall be determined using ASTM method D5084-90, which is adopted by reference in R 323.2238, as modified by the department in R 299.4920. If flexible wall permeameters are used, then confining pressures shall be equivalent to the minimum pressure expected after the lagoon is placed in service. Soil shall not be compacted at a moisture content that is less than optimum and shall not be compacted to less than either of the following densities:

(A) Ninety percent of the maximum dry density, as determined by the modified proctor test, ASTM D1557-91, which is adopted by reference in R 323.2238.

(B) Ninety-five percent of the maximum dry density, as determined by the standard proctor test, ASTM D698-91, which is adopted by reference in R 323.2238.

(iv) The soil shall be placed so that each lift shall not be more than 6 inches after compaction.

(v) For abovegrade construction or if the lagoon liner base does not extend to the ground surface, perimeter dike walls shall be constructed using a soil that meets the criteria of paragraphs (ii) and (iii) of this subdivision and keyed into the compacted soil base.

(vi) The compacted soil liner surface shall be prepared for placement of the FML to remove the potential for failures of the FML.

(vii) Alternative test and investigative methods may be approved by the department.

(viii) An engineer licensed under Act No. 299 of the Public Acts of 1980, as amended, being §339.101 et seq. of the Michigan Compiled Laws, and known as the occupational code, shall certify to the department, through spatially random testing and measurements, that the requirements of this rule were met during installation of the compacted soil base of the composite liner. At least 1 soil test of the compacted soil shall be conducted and an additional test shall be conducted for every 5,000 cubic yards placed and when the texture of the soil changes.

(i) The GCL shall be a factory-manufactured hydraulic barrier consisting of sodium betonite clay supported by geotextiles that are held together by needling, stitching, or adhesives.

(ii) The GCL shall be seamed according to the manufacturer's specifications to prevent leakage at the seams.

(iii) The GCL shall not be laid during a precipitation event and shall be covered immediately by a flexible membrane liner or by another protective cover until the flexible membrane liner can be laid directly over the GCL.

(iv) The GCL shall be installed according to the manufacturer's specifications and quality assurance and quality control plans and shall be certified by an engineer licensed under Act No. 299 of the Public Acts of 1980, as amended, being R 339.101 et seq. of the Michigan Compiled Laws, and known as the occupational code, overseeing the installation of the composite liner.

(3) An FML required by this rule shall be placed directly over a liner described in subrule (2) of this rule to form the composite liner. The FML and its installation shall comply with all of the following requirements:

(a) The liner shall be a minimum of 40 mils thick polyvinyl chloride (PVC) or 60 mils thick high-density polyethylene (HDPE). The discharger may utilize other materials and thickness if the department determines before installation, that the proposed material and thickness are sufficient to ensure that the integrity of the liner is not compromised due to contact with the soil base, wastewater, climatic conditions, or the stress of installation or daily operation.

(b) An FML shall be covered immediately after placement by an adequate thickness of soil or other material approved by the department to prevent puncture by equipment and to protect the exposed portion of the FML from degradation by ultraviolet light.

(c) The FML shall be placed upon a foundation or base capable of providing support to the liner and resistance to pressure gradients above and below the liner to prevent slope failure and failure of the liner due to settlement, compression, or uplift.

(d) The FML shall be installed to cover the entire area of earth material that would be in contact with the treated or stored effluent.

(e) An FML shall be placed on slopes that are not more than 25%, unless the owner and operator can demonstrate slope stability for greater slopes.

(f) The field seams of an FML shall meet all of the following requirements:

(i) Seaming shall be done in accordance with the minimum industry standards. The shear strength and peel strength of the seams must be adeqaute to maintain the ingetrity of the seam under all operating conditions.

(ii) Horizontal seams shall not occur on side slopes.

(iii) Horizontal seams shall be located not less than 5 feet from the toe of the slope.

(iv) Field seams shall be installed parallel to the line of maximum slope.

(v) The seam area shall be free of moisture, dust, dirt, debris, and foreign material of any kind before seaming.

(vi) Field seaming shall not be done in weather conditions that would adversely affect the integrity of the seam.

(g) An engineer licensed under Act No. 299 of the Public Acts of 1980, as amended, being §339.101 et seq. of the Michigan Compiled Laws, and known as the occupational code, shall certify to the department that all necessary quality assurance testing was conducted to ensure that the FML was installed to meet the conditions of these rules.

(4) The department may approve a storage or treatment lagoon liner that does not meet 1 or more of the requirements of this rule if the applicant demonstrates that the requirements of either of the following provisions are met:

(a) The lagoon holds only wastewater that meets the standards of R 323.2222.

(b) The existing system or the proposed design provides equal or greater environmental protection to protection provided by a lagoon liner constructed according to this rule. For an existing system, the demonstration can be made by either of the following:

(i) Through an exfiltration test that demonstrates, to the department's satisfaction, that the lagoon is not leaking at a rate likely to impact groundwater above the standards described in R 323.2222.

(ii) Through monitoring of the groundwater and a demonstration approved by the department that the lagoon has not impacted, and is not likely to impact, groundwater above the standards described in R 323.2222.

**History**
- *History: 1980 AACS; 1998-2000 AACS*

##### **Mich. Admin. Code R 323.2238** ASTM standards; adoption by reference {#sec-r-323.2238 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2238}

Rule 2238. (1) The following ASTM standards are adopted by reference in these rules:

(a) D698-91E1, test method for laboratory compaction characteristics of soil using standard effort.

(b) D1557-91E1, test method for laboratory compaction characteristics of soil using modified effort.

(d) D5084-90, standard test method for hydraulic conductivity of saturated porous materials using a flexible wall permeameter.

(2) The standards listed in subrule (1) of this rule may be purchased from the American Society for Testing and Materials, 100 Barr Harbor Drive, West Conshohocken, Pennsylvania 19428, at a cost at the time of adoption of these rules of $18.00 each. The standards listed may also be obtained from the Michigan Department of Environmental Quality, Waste Management Division, P.O. Box 30241, Lansing, Michigan 48909, at a cost at the time of adoption of these rules of $18.00 each, plus shipping and handling.

**History**
- *History: 1980 AACS; 1998-2000 AACS*

##### **Mich. Admin. Code R 323.2240** Table 101; treatment technology standards for certain organic substances {#sec-r-323.2240 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2240}

Rule 2240. Table 101 reads as follows:

Table 101 Substance Treatment Technology Standard (ug/l) 1,1,1-trichloroethane 15. 1,2,4-trichlorobenzene 15. 1,2-dichlorobenzene 25. 1,3-dichlorobenzene 25. 1,4-dichlorobenzene 15. 2,4,6-trichlorophenol 15. 2,4-dichlorophenol 20. 2,4-dimethylphenol 80. 2-butanone (MEK) 450. 2-chloronaphthalene 40. 2-chlorophenol 5. 2-methylphenol (o-cresol) 20. 4-methylphenol (p-cresol) 10.

Acenaphthene 40.

Acrolein 15.

Aniline 60.

Anthracene 40.

Benzoic acid 400.

Butyl benzyl phthalate 40.

Chlorobenzene 15.

Chrysene 20.

Di-n-butyl phthalate 35.

Di-n-octyl phthalate 25.

Dichlorodifluoromethane 40.

Diethyl phthalate 35.

Dimethyl phthalate 35.

Ethylbenzene 25.

Hexachloroethane 25.

Naphthalene 15.

Phenol 35.

Pyrene 30.

Styrene 20.

C-1,2-dichloroethylene 5.

T-1,2-dichloroethylene 5.

Toluene 35.

Xylene (o,m,p) 35.

**History**
- *History: 1980 AACS; 1998-2000 AACS*

### **R 323.2301 to R 323.2317** Water Resources Protection -- Part 23. Pretreatment

##### **Mich. Admin. Code R 323.2301** Purpose and applicability {#sec-r-323.2301 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2301}

DEPARTMENT OF ENVIRONMENTAL QUALITY

ENVIRONMENTAL RESPONSE DIVISION

GENERAL RULES

(By authority conferred on the water resources commission by sections 2 and 5 of Act No. 245 of the Public Acts of 1929, as amended, sections 33 and 63 of Act No. 306 of the Public Acts of 1969, as amended, and Executive Order No. 1976-8a, being §§323.2, 323.5, 24.233, and 24.263 of the Michigan Compiled Laws)

PART 23. PRETREATMENT

Rule 1. (1) These rules are promulgated to implement the pretreatment responsibilities under the clean water act and the act. These rules establish responsibilities of state and local government, industry, and the public to control pollutants which pass-through or interfere with treatment processes in publicly owned treatment works, which may contaminate sewage sludge, or which cause publicly owned treatment works' worker health and safety problems.

(2) These rules apply to nondomestic users that discharge pollutants to a publicly owned treatment works either directly or indirectly, including by truck, rail, or any other means of discharge, and apply to publicly owned treatment works that receive pollutants from nondomestic users which are subject to pretreatment standards.

**History**
- *History: 1995 AACS.*

##### **Mich. Admin. Code R 323.2302** Definitions {#sec-r-323.2302 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2302}

Rule 2. As used in this part:

(a) "Act" means sections 3101 to 3119 of Act No. 451 of the Public Actsof 1994, as amended, being §§324.3101 to 324.3119 of the Michigan CompiledLaws.

(b) "Approval authority" means the department of natural resources.

(c) "Approved program" or "approved pretreatment program" or "publicly owned treatment works' pretreatment program" means a program administered by a publicly owned treatment works which meets the criteria established in R 323.2306 and which has been approved by the approval authority in accordance with R 323.2308.

(d) "Average daily flow" means a reasonable measure of the average daily flow for a 30day period.

(e) "Bypass" means the intentional diversion of wastestreams from any portion of an industrial user's treatment facility needed for compliance with pretreatment standards.

(f) "Categorical industrial user" means all nondomestic users subject to categorical pretreatment standards.

(g) "Categorical pretreatment standard" or "categorical standard" means any regulation containing pollutant discharge limits promulgated by the E.P.A. in accordance with sections 307(b) and (c) of the clean water act, 33 U.S.C. §1317, which apply to a specific category of nondomestic users and which appear in 40 C.F.R. chapter I, subchapter N (1990), parts 405-471.

(h) "Clean water act" means the federal water pollution control act, 33 U.S.C. §1251 et seq., as amended.

(i) "Composite sample" means a collection of individual samples which are obtained at regular intervals, collected on a time-proportional or flow-proportional basis, over a specific time period and which provides a representative sample of the average stream during the sampling period.

(j) "Control authority" means the publicly owned treatment works if it has an approved program or means the approval authority until the publicly owned treatment works' program is approved.

(k) "Department" means the director of the department of natural resources or his or her designee.

(l) "Discharge" means any direct or indirect discharge of any waste, waste effluent, wastewater, pollutant, or any combination into any of the waters of the state or upon the ground.

(m) "E.P.A." means the United States environmental protection agency.

(n) "Grab sample" means a sample is taken from a wastestream on a 1-time basis over a period of time of not more than 15 minutes without regard to the flow in the wastestream.

(o) "Interference" means a discharge, alone or in conjunction with a discharge or discharges from other sources, to which both of the following provisions apply:

(i) The discharge inhibits or disrupts the publicly owned treatment works, its treatment processes or operations, or its sludge processes, use, or disposal.

(ii) Pursuant to paragraph (i) of this subdivision, the discharge is a cause of a violation of any requirement of the publicly owned treatment works' permit, including an increase in the magnitude or duration of a violation, or of the prevention of sewage sludge use or disposal in compliance with the following statutory provisions and regulations or permits issued thereunder, or more stringent state or local regulations:

(A) Section 405 of the clean water act.

(B) The solid waste disposal act, 42 U.S.C. §6901 et seq., including title II, more commonly referred to as the resource conservation and recovery act, and including state regulations contained in any state sludge management plan prepared pursuant to subtitle D of the solid waste disposal act.

(D) The toxic substances control act, 15 U.S.C. §2601 et seq.

(E) The marine protection, research, and sanctuaries act, 33 U.S.C. §1401 et seq.

(p) "Local limit" means a specific prohibition or limit set by a publicly owned treatment works on discharges by a nondomestic user.

(q) "Municipality" means a county, city, village, township, district, association, or other public body created by or under state law, or an agency or instrumentality of any of them, having jurisdiction over the disposal of wastewater.

(r) "New source" means any building, structure, facility, or installation from which there is or may be a discharge and for which construction commenced after the publication of proposed pretreatment standards under section 307(c) of the clean water act will be applicable to the source if the standards are thereafter promulgated in accordance with section 307(c), and if any of the following provisions apply:

(i) The building, structure, facility, or installation is constructed at a site at which no other source is located.

(ii) The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source.

(iii) The production of wastewater-generating processes of the building, structure, facility, or installation is substantially independent of an existing source at the same site. The extent to which the new facility is engaged in the same general type of activity as the existing source andthe extent of integration of the new facility with the existing plant should be considered in determining whether the process is substantially independent.

(s) "Nondomestic user" means an industry, commercial establishment, or other entity that discharges wastewater to a publicly owned treatment works other than, or in addition to, sanitary sewage.

(t) "Pass-through" means a discharge that exits a publicly owned treatment works into state waters in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, cause a violation of any requirement of the act.

(u) "Permit" means an authorization, license, or equivalent control document and includes any of the following:

(i) A nondomestic user permit, which is a control document issued by the publicly owned treatment works that controls the wastewater discharges from nondomestic users into the publicly owned treatment works.

(ii) A national pollutant discharge elimination system, which is a permit issued pursuant to section 3112(1) of the act to control wastewater discharges to the surface waters.

(iii) A state permit, which is a permit issued pursuant to section3112(1) of the act to control wastewater discharges of publicly owned treatment works to the groundwaters.

(v) "Pollutant" means any of the following:

(i) Substances regulated by categorical standards.

(ii) Substances discharged to publicly owned treatment works that are required to be monitored, are limited in the publicly owned treatment works' permit, or are to be identified in the publicly owned treatment works' permit application.

(iii) Substances for which control measures on nondomestic users are necessary to avoid restricting the publicly owned treatment works' approved residuals management program.

(iv) Substances for which control measures on nondomestic users are necessary to avoid operational problems at the publicly owned treatment works.

(v) Substances for which control measures on nondomestic sources are necessary to avoid worker health and safety problems in publicly owned treatment works.

(w) "Pretreatment" means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater before or instead of discharging or otherwise introducing the pollutants into a publicly owned treatment works. The reduction or alteration may be obtained by physical, chemical, or biological processes; process changes; or other means, except for the use of dilution, unless expressly authorized by an applicable pretreatment standard or requirement.

(x) "Pretreatment program" means a nondomestic user waste control program which is required in a publicly owned treatment works' wastewater discharge permit or order of the department and which is developed in accordance with R 323.2306.

(y) "Pretreatment requirements" means any substantive or procedural requirement related to pretreatment, other than a pretreatment standard, imposed on a nondomestic user.

(z) "Pretreatment standard" means any regulation containing pollutant discharge limits promulgated in accordance with section 307(b) and (c) of the clean water act and the act.

This term includes prohibited discharges and local limits defined in R 323.2303 and categorical standards.

(aa) "Publicly owned treatment works" means a treatment works that is owned by a municipality and includes any devices and systems used in the storage, treatment, recycling, and reclamation of municipal sewage or industrial wastes of a liquid nature. The term also includes sewers, pipes, and other conveyances if they convey wastewater to a publicly owned treatment works. The term also means the municipality that has jurisdiction over the indirect discharges to, and the discharges from, a treatment works.

(bb) "Sanitary sewage" means water-carried wastes from toilet, kitchen, laundry, bathing, or other facilities used for household purposes.

(cc) "Significant industrial user" means either of the following:

(i) A nondomestic user subject to categorical pretreatment standards under 40 C.F.R. §403 (1992) and 40 C.F.R. chapter I, subchapter N (1990).

(ii) A nondomestic user to which 1 of the following provisions applies:

(B) The user contributes a process wastestream that makes up 5% or more of the average dry weather hydraulic or organic capacity of the publicly owned treatment works.

(C) The user is designated as a significant industrial user by the control authority on the basis that the user has a reasonable potential for adversely affecting the publicly owned treatment works' operation or for violating any pretreatment standard or requirement.

(iii) Upon a finding that a nondomestic user meeting the criteria in paragraph (ii) of this subdivision has no reasonable potential for adversely affecting the publicly owned treatment works' operation or for violating any pretreatment standard or requirement, the control authority may, at any time, on its own initiative or in response to a petition received from a nondomestic user or publicly owned treatment works, determine that a nondomestic user is not a significant nondomestic user.

(dd) "Significant noncompliance" means any of the following:

(i) Chronic violations of wastewater discharge limits, defined as results of analyses in which 66% or more of all of the measurements taken during a 6-month period exceed, by any magnitude, the daily maximum limit or the average limit for the same pollutant parameter.

(ii) Technical review criteria violations, defined as results of analyses in which 33% or more of all of the measurements for each pollutant parameter taken during a 6-month period equal or exceed the product of the daily maximum limit or the average limit multiplied by the applicable technical review criteria. Technical review criteria equals 1.4 for conventional pollutants and 1.2 for all other pollutants, except pH.

(iii) Any other violation of a pretreatment effluent limit, daily maximum, or longer-term average that the control authority determines has caused, alone or in combination with other discharges, interference or pass-through, including endangering the health of publicly owned treatment works' personnel or the general public.

(iv) Any discharge of a pollutant that has caused imminent endangerment to human health, welfare, or the environment or has resulted in the publicly owned treatment works' exercise of its emergency authority under R 323.2306(a)(vi) to halt or prevent the discharge.

(v) Failure to meet, within 90 days after the schedule date, a compliance schedule milestone contained in a local control mechanism or enforcement order for starting construction, completing construction, or attaining final compliance.

(vi) Failure to provide, within 30 days after the due date, required reports, such as baseline monitoring reports, 90-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules.

(vii) Failure to accurately report noncompliance.

(viii) Any other violation or group of violations that the control authority determines will adversely affect the operation or implementation of the local pretreatment program.

(ee) "Slug discharge" means any discharge of a nonroutine, episodic nature, including an accidental spill or noncustomary batch discharge.

(ff) "Trade secret" means the whole or any portion or phase of any manufacturing proprietary process or method which is not patented, which is secret, which is useful in compounding an article of trade having a commercial value, and the secrecy of which the owner has taken reasonable measure to prevent from becoming available to persons other than those selected by the owner to have access for limited purposes. Trade secret shall not be construed, for purposes of these rules, to include any information regarding the quantum or character of waste products or their constituents discharged, or sought to be discharged, into the publicly owned treatment works.

(gg) "Upset" means an exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the nondomestic user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.

(hh) "Wastewater" means water resulting from industrial and commercial processes and municipal operations, including liquid or water-carried process waste, cooling and condensing waters, and sanitary sewage.

**History**
- *History: 1995 AACS.*

##### **Mich. Admin. Code R 323.2303** Pretreatment standards {#sec-r-323.2303 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2303}

Rule 3. (1) A nondomestic user may not introduce into any publicly owned treatment works any pollutant that causes pass-through or interference. The control authority shall investigate instances of pass-through or interference and take appropriate enforcement action and inform the responsible nondomestic user of the impact. The general prohibitions of this subrule and the specific prohibitions in subrule (2) of this rule apply to each nondomestic user introducing pollutants into a publicly owned treatment works whether or not the nondomestic user is subject to any other national, state, or local pretreatment standards or requirements.

(2) In addition to the requirements of subrule (1) of this rule, the following substances shall not be introduced into a publicly owned treatment works:

(a) Pollutants that create a fire or explosion hazard in the publicly owned treatment works, including wastestreams that have a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 C.F.R. §261.21 (1990).

(b) Pollutants that will cause corrosive structural damage to the publicly owned treatment works. Discharges that have a pH lower than 5.0 shall not be discharged, unless the publicly owned treatment works is specifically designed to accommodate the discharges and has been approved by the approval authority.

(c) Solid or viscous pollutants in amounts that will cause obstruction to the flow in the publicly owned treatment works resulting in interference.

(d) Any pollutant, including oxygen-demanding pollutants, released in a discharge at a flow rate or pollutant concentration that will cause interference with the publicly owned treatment works.

(e) Heat that will inhibit biological activity in the publicly owned treatment works resulting in interference, and in no case heat that produces a temperature at the publicly owned treatment works of more than 40 degrees Celsius (104 degrees Fahrenheit), unless the approval authority, at the request of the publicly owned treatment works, approves alternate temperature limits as part of the approved program.

(f) Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass-through.

(g) Pollutants that result in the presence of toxic gases, vapors, or fumes within the publicly owned treatment works in a quantity that may cause acute worker health or safety problems.

(h) Any trucked or hauled pollutants, except at discharge points designated by the publicly owned treatment works, but only when trucked or hauled in compliance with the state and federal hazardous waste and liquid industrial waste laws.

(3) A nondomestic user shall have an affirmative defense in any action brought against it alleging a violation of the general prohibitions established in subrule (1) of this rule and the specific prohibitions in subrule (2)(c), (d), (e), and (f) of this rule if the user can demonstrate both of the following:

(a) It did not know or have reason to know that its discharge, alone or in conjunction with a discharge or discharges from other sources, would cause pass-through or interference.

(b) A local limit designed to prevent pass-through or interference was developed in accordance with subrule (4) of this rule for each pollutant in the user's discharge that caused pass-through or interference, and the user was in compliance with each local limit directly before and during the pass-through or interference, or if a local limit designed to prevent pass-through or interference has not been developed in accordance with subrule (4) of this rule for the pollutant that caused the pass-through or interference, the user's discharge directly before and during the pass-through or interference did not change substantially in nature or constituents from the user's prior discharge activity when the publicly owned treatment works was regularly in compliance with its national pollutant discharge elimination system permit requirements and, in the case of interference, applicable requirements for sewage sludge use or disposal.

(4) All of the following provisions apply to local limits:

(a) Publicly owned treatment works required by permit to develop a pretreatment program shall develop and enforce local limits to implement the prohibitions listed in subrules (1) and (2) of this rule. Each publicly owned treatment works that has an approved pretreatment program shall review and update the local limits, as follows:

(i) When new pollutants are introduced.

(ii) When new pollutants that are previously unevaluated are identified.

(iii) When substantial increases of pollutants are proposed as required in the notification of new or increased uses in accordance with the provisions of 40 C.F.R. §122.42 (1990).

(iv) As required in a national pollutant discharge elimination system permit application in accordance with the provisions of 40 C.F.R. §122.21(j)(4) (1990).

(b) In addition to the requirements of subdivision (a) of this subrule, each publicly owned treatment works shall evaluate the need for local limits for all pollutants of concern. At a minimum, the publicly owned treatment works shall evaluate the following parameters for local limits: arsenic, cadmium, chromium, copper, cyanide, lead, mercury, nickel, silver, and zinc. Sufficient representative data shall be obtained for determining the limits by performing any of the following monitoring plans:

(i) One sample each per month for a year of wastewater treatment plant influent, effluent, sludge, discharges at other locations, as appropriate, and sanitary sewage, with not less than 2 separate sampling events each weekday, Monday to Friday.

(ii) Six samples each taken over a 4-week period of wastewater treatment plant influent, effluent, sludge, discharges at other locations, as appropriate, and sanitary sewage, with at least 1 sampling event each weekday, Monday to Friday.

(iii) An alternative plan, which may include historical data, which is approved by the approval authority.

(d) Where local limits are developed by a publicly owned treatment works in accordance with this subrule, the limits shall be deemed pretreatment standards.

(5) The department retains the right to issue orders or may take other direct enforcement action against nondomestic users. The department shall notify the control authority of any action.

(6) The control authority or any agent duly appointed by the department shall have the right to enter the property of any nondomestic user at reasonable times for the purpose of inspection and sampling. The control authority or the agent shall be allowed access at reasonable times to facilities and records required to be kept by the nondomestic user for the purpose of gathering information to determine applicability, compliance, or noncompliance with these rules.

**History**
- *History: 1995 AACS.*

##### **Mich. Admin. Code R 323.2304** Effect of rules on local law {#sec-r-323.2304 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2304}

Rule 4. Nothing in these rules is intended to affect any pretreatment standards and requirements established by local law if the local standards and requirements are at least as stringent as any standards and requirements set forth in national pretreatment standards or any other requirements or prohibitions established under the clean water act or the act.

**History**
- *History: 1995 AACS.*

##### **Mich. Admin. Code R 323.2305** Pretreatment program applicability {#sec-r-323.2305 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2305}

Rule 5. (1) A state permit or national pollutant discharge elimination system permit issued to a publicly owned treatment works shall contain requirements for pretreatment program development and implementation when the department determines that it is necessary to control the introduction of pollutants into the publicly owned treatment works from nondomestic users.

(2) A publicly owned treatment works shall develop and implement its pretreatment program according to the following criteria if required by order of the department or by its permit:

(a) A publicly owned treatment works which has a total design flow of more than 5 million gallons per day and which receives, from nondomestic users, pollutants that may passthrough or interfere with the operation of the publicly owned treatment works or are otherwise subject to categorical pretreatment standards is subject to the federal industrial pretreatment program as set forth in R 323.2306.

(b) A publicly owned treatment works which has a total design flow of 5 million gallons per day or less and which receives from nondomestic users, pollutants that may passthrough or interfere with the operation of the publicly owned treatment works or are otherwise subject to categorical pretreatment standards is subject to the Michigan industrial pretreatment program, unless the department requires a federal industrial pretreatment program, as set forth in R 323.2306.

(c) A publicly owned treatment works which has a state permit issued under the act to discharge to the groundwater and which has nondomestic users that may cause interference with the publicly owned treatment works or permit violations or has nondomestic users that are otherwise subject to categorical pretreatment standards is subject to the Michigan industrial pretreatment program as set forth in R 323.2306.

(3) A publicly owned treatment works that is required by order of the department or discharge permit to develop an industrial pretreatment program shall submit an approvable program not later than 1 year after written notification.

**History**
- *History: 1995 AACS.*

##### **Mich. Admin. Code R 323.2306** Industrial pretreatment program requirements; legal authority {#sec-r-323.2306 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2306}

Rule 6. A publicly owned treatment works subject to industrial pretreatment program requirements in accordance with R 323.2305(2) shall develop a pretreatment program based, at a minimum, on the following legal authority and procedures:

(a) The publicly owned treatment works shall operate pursuant to legal authority enforceable in federal or state courts that authorizes or enables the publicly owned treatment works to apply and to enforce the requirements of section 3109 of the act and sections 307(b) and (c) and 402(b)(8) of the clean water act and any rules or regulations implementing those sections within its service area. The authority may be contained in a statute, ordinance, or series of contracts or interjurisdictional agreements which the publicly owned treatment works is authorized to enact, enter into, or implement and which are authorized by state law. At a minimum, the legal authority shall enable the publicly owned treatment works to do all of the following:

(i) Deny or condition new or increased contributions of pollutants, or changes in the nature of pollutants, to the publicly owned treatment works by nondomestic users where the contributions do not meet applicable pretreatment standards and requirements or where the contributions would cause the publicly owned treatment works to violate its national pollutant discharge elimination system permit.

(ii) Require compliance with applicable pretreatment standards and requirements by nondomestic users.

(iii) Control, through permit, the contribution to the publicly owned treatment works by each significant industrial user to ensure compliance with applicable pretreatment standards and requirements. Permits shall be enforceable and contain, at a minimum, the following conditions:

(A) A statement of the duration of the permit, which shall not be more than 5 years.

(B) A statement of permit nontransferability without prior notification to the publicly owned treatment works and provision of a copy of the existing permit to the new owner or operator.

(C) Effluent limits based on applicable general pretreatment standards, categorical pretreatment standards, local limits, and state and local law.

(D) Self-monitoring, sampling, reporting, notification, and recordkeeping requirements, including identification of the pollutants to be monitored, sampling location, sampling frequency, and sample type, based on the applicable general pretreatment standards, categorical pretreatment standards, local limits, and state and local law.

(E) A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements and any applicable compliance schedule. The schedule may not extend the compliance date beyond applicable federal deadlines.

(iv) Require the development of a compliance schedule by each nondomestic user for the installation of technology required to meet applicable pretreatment standards and requirements and require the submission of all notices and self-monitoring reports from nondomestic users that are necessary to assess and assure compliance by nondomestic users with pretreatment standards and requirements, including the reports required in R 323.2310.

(v) Carry out all inspection, surveillance, and monitoring procedures necessary to determine, independent of information supplied by nondomestic users, compliance or noncompliance with applicable pretreatment standards and requirements by nondomestic users. Representatives of the publicly owned treatment works shall be authorized to enter any premises of any nondomestic user in which a discharge source or treatment system is located or in which records are required to be kept under R 323.2310 to assure compliance with pretreatment standards. The authority shall be at least as extensive as the authority provided under section 308 of the clean water act and section 3105 of the act.

(vi) Obtain remedies for noncompliance by any nondomestic user with any pretreatment standard and requirement. All publicly owned treatment works shall be able to seek injunctive relief for noncompliance by nondomestic users with pretreatment standards and requirements. All publicly owned treatment works shall also have authority to seek or assess civil or criminal penalties as authorized by state law for each violation by nondomestic users of pretreatment standards and requirements. Pretreatment requirements that will be enforced through the remedies in this subrule include the following:

(A) The duty to allow or carry out inspections, entry, or monitoring activities.

(B) Any rules, regulations, or orders issued by the publicly owned treatment works.

(D) Any reporting requirements imposed by the publicly owned treatment works or these rules. The publicly owned treatment works shall have authority and procedures, after informal notice to the discharger, to immediately and effectively halt or prevent any discharge of pollutants to the publicly owned treatment works that reasonably appears to present an imminent endangerment to the health or welfare of persons. The publicly owned treatment works shall also have authority and procedures, which shall include notice to the affected nondomestic users and an opportunity to respond, to halt or prevent any discharge to the publicly owned treatment works which presents or may present an endangerment to the environment or which threatens to interfere with the operation of the publicly owned treatment works.

(vii) Comply with the confidentiality requirements set forth in R 323.2314.

(b) All local units of government that collect wastewater from nondomestic sources shall be responsible for the development and implementation of a pretreatment program that effectively controls the introduction of pollutants into the sewer system consistent with the program developed by the permittee where the permittee is required to develop or implement a pretreatment program by its permit.

(c) The publicly owned treatment works shall develop and implement procedures to ensure compliance with the requirements of a pretreatment program. At a minimum, these procedures shall enable the publicly owned treatment works to do all of the following:

(i) Identify and locate all possible nondomestic users that might be subject to the publicly owned treatment works' pretreatment program. Any compilation, index, or inventory of nondomestic users made under this paragraph shall be made available to the approval authority upon request.

(ii) Identify the character and volume of pollutants contributed to the publicly owned treatment works by the nondomestic users identified under subdivision (b)(i) of this rule.

The information shall be made available to the approval authority upon request.

(iii) Notify nondomestic users identified under subdivision (b)(i) of this rule of applicable pretreatment standards and any applicable requirements under sections 204(b) and 405 of the clean water act and subtitles C and D of the resource conservation and recovery act of 1976, as amended, 42 U.S.C. §6901 et seq. Publicly owned treatment works subject to a Michigan industrial pretreatment program are not required to inform nondomestic users of subtitles C and D of the resource conservation and recovery act requirements. Within 30 days of approval of a list of significant industrial users pursuant to subdivision (h) of this rule, the publicly owned treatment works shall notify each significant industrial user of its status and of all requirements applicable to the user as a result of its status.

(iv) Receive and analyze self-monitoring reports and other notices submitted by nondomestic users in accordance with the self-monitoring requirements in R 323.2310.

(v) Randomly sample and analyze the effluent from nondomestic users and conduct surveillance activities to identify, independent of information supplied by nondomestic users, compliance or noncompliance with pretreatment standards. Inspect and sample the effluent from each significant industrial user at least once a year. Evaluate, at least once every 2 years, whether each significant industrial user needs a plan to control slug discharges. Publicly owned treatment works subject to a Michigan industrial pretreatment program are not required to evaluate whether significant industrial users need a plan to control slug discharges. The results of the activities shall be available to the approval authority upon request. If the publicly owned treatment works decides that a slug control plan is needed, the plan shall contain, at a minimum, the following elements:

(A) A description of discharge practices, including nonroutine batch discharges.

(B) A description of stored chemicals.

(C) Procedures for immediately notifying the publicly owned treatment works of slug discharges, including any discharge that would violate a prohibition under R 323.2303(2), with procedures for follow-up written notification within 5 days.

(D) If necessary, procedures to prevent an adverse impact from accidental spills, including any of the following:

(1) Inspection and maintenance of storage areas.

(2) Handling and transfer of materials.

(3) Loading and unloading operations.

(4) Control of plant site runoff.

(5) Worker training.

(6) Building of containment structures or equipment.

(7) Measures for containing toxic organic pollutants, including solvents.

(8) Measures and equipment necessary for emergency response.

(vi) Investigate instances of noncompliance with pretreatment standards and requirements as indicated in the reports and notices required under R 323.2310, or indicated by analysis, inspection, and surveillance activities described in subdivision (b)(v) of this rule. Sample taking and analysis and the collection of other information shall be performed with sufficient care to produce evidence admissible in enforcement proceedings or in judicial actions.

(d) Publicly owned treatment works that have pretreatment programs required by these rules shall comply with public participation requirements. The public participation requirements shall include provision for at least annual public notification, in the largest newspaper circulated in the municipality in which the publicly owned treatment works is located, of nondomestic users that, at any time during the previous 12 months, were in significant noncompliance, as defined in R 323.2302(dd), with applicable pretreatment requirements. However, publicly owned treatment works subject to a Michigan industrial pretreatment program shall annually publish only categorical industrial users that are in significant noncompliance.

(e) The publicly owned treatment works shall have sufficient resources and qualified personnel to carry out the authorities and procedures described in subrules (a), (b), (c), and (d) of this rule.

(f) The publicly owned treatment works shall develop local limits as required in R 323.2303(4) or demonstrate that local limits are not necessary.

(g) The publicly owned treatment works shall develop and implement an enforcement response plan. The plan shall contain detailed procedures indicating how a publicly owned treatment works will investigate and respond to instances of nondomestic user noncompliance. The plan shall, at a minimum, be in compliance with all of the following provisions:

(i) Describe how the publicly owned treatment works will investigate instances of noncompliance.

(ii) Describe the types of escalating enforcement responses the publicly owned treatment works will take in response to all anticipated types of nondomestic user violations and the time periods within which responses will take place.

(iii) Identify, by title, the official responsible for each type of response.

(iv) Adequately reflect the publicly owned treatment works' primary responsibility to enforce all applicable pretreatment requirements and standards.

(h) The publicly owned treatment works shall prepare a list of its nondomestic users that meet the user criteria in R 323.2302(cc). The list shall identify the criteria in R 323.2302(cc) applicable to each nondomestic user and, for nondomestic users that meet the criteria in R 323.2302(cc)(ii), shall also indicate whether the publicly owned treatment works has made a determination pursuant to R 323.2302(cc)(iii) that the nondomestic user should not be considered a significant industrial user. The list and any subsequent modifications shall be submitted to the approval authority as a nonsubstantial program modification pursuant to R 323.2309. Discretionary designations or de-designations by the control authority shall be deemed to be approved by the approval authority 90 days after submission of the list or modifications, unless the approval authority determines that a modification is a substantial modification. Unless otherwise noted, the provisions specified in this rule apply to both the federal and the Michigan industrial pretreatment programs.

Subdivisions (c)(iii) and (v) and (d) of this rule provide exceptions to program requirements for the Michigan industrial pretreatment program.

**History**
- *History: 1995 AACS.*

##### **Mich. Admin. Code R 323.2307** Publicly owned treatment works' pretreatment programs; submissions for approval {#sec-r-323.2307 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2307}

Rule 7. (1) A publicly owned treatment works shall submit a complete pretreatment program to the approval authority as required by its permit or by order of the department.

The pretreatment program shall contain all of the following information:

(a) A statement from the municipal attorney or a city official acting in a comparable capacity, or the attorney for a publicly owned treatment works that has independent legal counsel, that the publicly owned treatment works has adequate authority to carry out the program described in R 323.2306. The statement shall identify all of the following:

(i) The provision of legal authority under R 323.2306(a) that provides the basis for each procedure under R 323.2306(b).

(ii) The manner in which the publicly owned treatment works will implement the program requirements set forth in R 323.2306(a), including the means by which pretreatment standards will be applied to individual nondomestic users by permit.

(iii) How the publicly owned treatment works intends to ensure compliance with pretreatment standards and requirements and to enforce them in the event of noncompliance by nondomestic users.

(b) A copy of any statutes, ordinances, regulations, agreements, or other authorities relied upon by the publicly owned treatment works for its administration of the program. The submission shall include a statement reflecting the endorsement or approval of the local boards or bodies responsible for supervising or funding the publicly owned treatment works' pretreatment program if approved.

(c) A brief description, including organization charts, of the publicly owned treatment works' organization that will administer the pretreatment program. If more than 1 agency is responsible for administration of the program, the responsible agencies shall be identified, their respective responsibilities delineated, and their procedures for coordination set forth.

(d) A description of the funding levels and full- and part-time manpower available to implement the program.

(2) A request for authority to revise categorical pretreatment standards for removal credits shall contain the information required in R 323.2313(a).

(3) Any publicly owned treatment works requesting publicly owned treatment works' pretreatment program approval shall submit to the approval authority 3 copies of the submission described in subrule (1) and, if appropriate, subrule (2) of this rule. Within 60 days after receiving the submission, the approval authority shall make a preliminary determination of whether the submission meets the requirements of subrule (1) and, if appropriate, subrule (2) of this rule. If the approval authority makes the preliminary determination that the submission meets these requirements, the approval authority shall do both of the following:

(a) Notify the publicly owned treatment works that the submission has been received and is under review.

(b) Commence the public notice and evaluation activities set forth in R 323.2308.

(4) If, after review of the submission as provided for in subrule (3) of this rule, the approval authority determines that the submission does not comply with the requirements of subrule (1) and, if appropriate, subrule (2) of this rule, the approval authority shall provide notice, in writing, to the applying publicly owned treatment works and each person who has requested individual notice. The notification shall identify any defects in the submission and advise the publicly owned treatment works and each person who has requested individual notice of the means by which the publicly owned treatment works can comply with the applicable requirements of subrule (1) and, if appropriate, subrule (2) of this rule.

**History**
- *History: 1995 AACS.*

##### **Mich. Admin. Code R 323.2308** Approval procedures for publicly owned treatment works' pretreatment programs {#sec-r-323.2308 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2308}

Rule 8. (1) The following procedures shall apply to approvals or denials of publicly owned treatment works' pretreatment programs and applications for removal credit authorization:

(a) The approval authority shall have 90 days from the date of public notice of any submission complying with the requirements of R 323.2307 and, where removal credit authorization is sought, complying with R 323.2307 and R 323.2313(a) to review the submission. The approval authority shall review the submission to determine compliance with the requirements of R 323.2306 and, where removal credit authorization is sought, with R 323.2313(a). The approval authority may have up to an additional 90 days to complete the evaluation of the submission if the public comment period provided for in this rule is extended beyond 30 days or if a public hearing is held as provided for in subdivision (b)(ii) of this subrule. The time for evaluation of the submission shall not be more than a total of 180 days from the date of public notice of a submission meeting the requirements of R 323.2307 and, in the case of a removal credit application, R 323.2307 and R 323.2313(a).

(b) Upon receipt of a submission, the approval authority shall commence its review.

Within 20 work days after making a determination that a submission meets the requirements of R 323.2307 and, where removal allowance approval is sought, R 323.2307 and R 323.2313(a), the approval authority shall do both of the following:

(i) Issue a public notice of request for approval of the submission. The public notice shall be circulated in a manner designed to inform interested and potentially interested persons of the submission.

Procedures for the circulation of public notice shall include all of the following:

(A) Mailing notices of the request for approval of the submission to any person or group who has requested individual notice, including those on appropriate mailing lists.

(B) Publication of a notice of request for approval of the submission in a newspaper circulated within the jurisdiction served by the publicly owned treatment works.

(C) The public notice shall provide a period of not less than 30 days following the date of the public notice during which interested persons may submit their written views on the submission.

(D) All written comments submitted during the 30-day comment period shall be retained by the approval authority and considered in the decision on whether or not to approve the submission. The period for comment may be extended at the discretion of the approval authority.

(ii) Provide an opportunity for the applicant, any interested state or federal agency, or person or group of persons to request a public hearing with respect to the submission. The request for public hearing shall be filed within the 30-day comment period or the extended comment period provided in this rule and shall indicate the interest of the person filing the request and the reasons why a hearing is warranted. The approval authority shall hold a hearing if the publicly owned treatment works requests a hearing. In addition, a hearing will be held if there is a significant public interest in issues relating to whether or not the submission should be approved and a request for a hearing has been made. Instances of doubt shall be resolved in favor of holding the hearing. Public notice of a hearing to consider a submission and sufficient to inform interested parties of the nature of the hearing and the right to participate shall be published in the same newspaper as the notice of the original request for approval of the submission under this rule. In addition, notice of the hearing shall be sent to persons who request individual notice.

(2) At the end of the 30-day comment period or an extended comment period as specified in subrule (1)(b)(i)(C) and (D) of this rule and within the 90-day period or the extended comment period provided for in this rule, the approval authority shall approve or deny the submission based upon the evaluation in accordance with this rule and taking into consideration comments submitted during the comment period and the record of the public hearing, if held. Where the approval authority makes a determination to deny the request, the approval authority shall notify the publicly owned treatment works and each person who has requested individual notice of the denial. The notification shall include suggested modifications and the approval authority may allow the requestor additional time to bring the submission into compliance with applicable requirements.

(3) The approval authority shall notify persons who submitted comments and participated in the public hearing, if held, of the approval or disapproval of the submission. In addition, the approval authority shall cause to be published a notice of its decision in a newspaper circulated within the jurisdiction served by the publicly owned treatment works and of incorporation of the approved pretreatment program into the publicly owned treatment works' permit. The approval authority shall identify, in any notice of a publicly owned treatment works' pretreatment program approval, any authorization to modify categorical pretreatment standards for removal credits in accordance with R 323.2313(a).

**History**
- *History: 1995 AACS.*

##### **Mich. Admin. Code R 323.2309** Modification of publicly owned treatment works' pretreatment programs {#sec-r-323.2309 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2309}

Rule 9. (1) Either the approval authority or a publicly owned treatment works that has an approved publicly owned treatment works' pretreatment program may initiate program modification at any time to reflect changes. Program modification is necessary when there is a significant change in the operation in the publicly owned treatment works' pretreatment program that differs from the information in the publicly owned treatment works' submission, as approved under R 323.2308.

(2) Publicly owned treatment works' pretreatment program modifications shall be accomplished as follows:

(a) For substantial modifications, as defined in subrule (3) of this rule, the following provisions shall be complied with:

(i) The publicly owned treatment works shall submit, to the approval authority, a statement of the basis for the desired modification, a modified program description (see R 323.2307(1)), or other documents that the approval authority determines to be necessary under the circumstances.

(ii) The approval authority shall approve or disapprove the federal industrial pretreatment program modification based on the requirements of R 323.2306 following the procedures in R 323.2308. The approval authority shall approve or disapprove the Michigan industrial pretreatment program modification.

(iii) The federal industrial pretreatment program modification shall be incorporated into the publicly owned treatment works' national pollutant discharge elimination system permit after approval. The permit will be modified to incorporate the approved modification in accordance with 40 C.F.R. §122.63(g) (1990). Michigan industrial pretreatment program modifications will be incorporated at the time of permit reissuance or modification.

(iv) The modification shall become effective upon approval by the approval authority.

Notice of the federal industrial pretreatment program approval shall be published in the same newspaper as the notice of the original request for approval of the modification under R 323.2308(3).

(b) The publicly owned treatment works shall notify, in a statement similar to that provided for in subdivision (a)(i) of this subrule, the approval authority of any other nonsubstantial modifications to its federal industrial pretreatment program not less than 30 days before they are to be implemented by the publicly owned treatment works. The nonsubstantial program modifications shall be deemed to be approved by the approval authority 90 days after the submission of the publicly owned treatment works' statement, unless the approval authority determines that a modification submitted is a substantial modification. Following approval by the approval authority, the modifications shall be incorporated into the publicly owned treatment works' permit in accordance with 40 C.F.R. §122.63(g) (1990). If the approval authority determines that a modification reported by a publicly owned treatment works in its statement is a substantial modification, the approval authority shall notify the publicly owned treatment works and initiate the procedures in subdivision (a) of this rule.

(3) The following are substantial modifications for purposes of this section:

(a) Changes to the publicly owned treatment works' legal authorities.

(b) Changes to local limits that result in less stringent local limits.

(d) Changes to the publicly owned treatment works' method for implementing categorical pretreatment standards.

(e) A decrease in the frequency of self-monitoring or reporting required of nondomestic users.

(f) A decrease in the frequency of nondomestic user inspections or sampling by the publicly owned treatment works.

(g) Changes to the publicly owned treatment works' confidentiality procedures.

(h) Significant reductions in the publicly owned treatment works' pretreatment program resources, including personnel commitments, equipment, and funding levels.

(i) Changes in the publicly owned treatment works' sludge disposal and management practices.

(4) The approval authority may designate other specific modifications, in addition to those listed in subrule (3) of this rule, as substantial modifications.

(5) A modification that is not included in subrule (3) of this rule is a substantial modification for purposes of this rule if any of the following provisions apply to the modification:

(a) It would have a significant impact on the operation of the publicly owned treatment works' pretreatment program.

(b) It would result in an increase in pollutant loadings at the publicly owned treatment works.

(c) It would result in less stringent requirements being imposed on nondomestic users of the publicly owned treatment works.

**History**
- *History: 1995 AACS.*

##### **Mich. Admin. Code R 323.2310** Reporting requirements for publicly owned treatment works and nondomestic users {#sec-r-323.2310 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2310}

Rule 10. (1) The control authority may require the submission of data in a standardized format.

(2) Within 180 days after the effective date of a categorical pretreatment standard, or 180 days after the final administrative decision made upon a category determination submission under R 323.2311(2), whichever is later, existing nondomestic users subject to the categorical pretreatment standards and currently discharging, or scheduled to discharge, to a publicly owned treatment works shall be required to submit, to the control authority, a report that contains all of the information listed in this rule. Where reports containing this information already have been submitted to the approval authority or E.P.A. in compliance with the requirements of 40 C.F.R. §128.140(b) (1977), the nondomestic user will not be required to submit the information again. Not less than 90 days before the commencement of a discharge, sources that become nondomestic users subsequent to the promulgation of an applicable categorical standard and new sources shall be required to submit, to the control authority, a report that contains the information listed in subdivisions (a) to (e) of this subrule. New sources shall also be required to include in this report information on the method of pretreatment the source intends to use to meet applicable pretreatment standards. New sources shall give estimates of the information requested in subdivisions (d) and (e) of this rule. All of the following information shall be submitted pursuant to this rule:

(a) The nondomestic user shall submit the name and address of the facility including the name of the operator and owners.

(b) The nondomestic user shall submit a list of any environmental control permits held by or for the facility.

(c) The nondomestic user shall submit a brief description of the nature, average rate of production, and standard industrial classification of the operation or operations carried out by the nondomestic user. The description should include a facility drawing and schematic process diagram that indicates points of discharge to the publicly owned treatment works and from which processes the discharges originate.

(d) The nondomestic user shall submit information showing the measured average daily and maximum daily flow, in gallons per day, to the publicly owned treatment works from each of the following:

(i) Regulated process streams.

(ii) Other streams as necessary to allow use of the combined wastestream formula specified in R 323.2311(6). The control authority may allow for verifiable estimates of these flows where justified by cost or feasibility considerations.

(e) All of the following information shall be provided with respect to the measurement of pollutants:

(i) The nondomestic user shall identify the pretreatment standards, including state or local standards, applicable to each regulated process.

(ii) In addition, the nondomestic user shall submit the results of sampling and analysis identifying the nature and concentration or mass, where required by the standard or control authority, of regulated pollutants in the discharge from each regulated process. Both daily maximum and average concentration or mass, where required, shall be reported. The sample shall be representative of daily operations.

(iii) A minimum of 4 grab samples shall be used for pH, cyanide, total phenols, oil and grease, sulfide, and volatile organics. For all other pollutants, 24-hour composite samples shall be obtained through flow-proportional composite sampling techniques where feasible. The control authority may waive flow-proportional composite sampling for any nondomestic user that demonstrates that flow-proportional sampling is infeasible. In such cases, samples may be obtained through time-proportional composite sampling techniques or through a minimum of 4 grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged.

(iv) With the exception of the pollutants specified in paragraph (iii) of this subdivision, the user shall take a minimum of 1 representative sample to compile the data necessary to comply with the requirements of this subrule.

(v) Samples should be taken immediately downstream from pretreatment facilities if the facilities exist or immediately downstream from the regulated process if pretreatment facilities do not exist. If other wastewaters are mixed with the regulated wastewater before pretreatment, the nondomestic user should measure the flows and concentrations necessaryto allow use of the combined wastestream formula specified in R 323.2311(7) to evaluate compliance with the pretreatment standards. Where an alternate concentration or mass limit has been calculated in accordance with R 323.2311(5), the adjusted limit and supporting data shall be submitted to the control authority.

(vi) Sampling and analysis shall be performed in accordance with the techniques prescribed in 40 C.F.R. part 136 (1992). Where 40 C.F.R. part 136 (1992) does not contain sampling or analytical techniques for the pollutant in question, or where the E.P.A. determines that the part 136 (1992) sampling and analytical techniques are inappropriate for them pollutant in question, sampling and analysis shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the publicly owned treatment works or other parties, approved by the E.P.A.

(vii) The control authority may allow the submission of a baseline report that utilizes only historical data if the data provides information sufficient to determine the need for industrial pretreatment measures.

(viii) The baseline report shall indicate the time, date, and place of sampling and the methods of analysis and shall certify that the sampling and analysis is representative of normal work cycles and expected pollutant discharges to the publicly owned treatment works.

(f) A statement, reviewed by an authorized representative of the nondomestic user and certified to by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis and, if not, whether additional operation and maintenance or additional pretreatment is required for the nondomestic user to meet the pretreatment standards and requirements.

(g) If additional pretreatment or operation and maintenance will be required to meet the pretreatment standards, the shortest schedule by which the nondomestic user will provide such additional pretreatment or operation and maintenance. The completion date in the schedule shall not be later than the compliance date established for the applicable pretreatment standard. All of the following conditions shall apply to compliance schedules:

(i) The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the nondomestic user to meet the applicable categorical pretreatment standards. The events may include any of the following:

(A) The hiring of an engineer.

(B) Completing preliminary plans.

(D) Executing contracts for major components.

(E) Commencing construction.

(F) Completing construction.

(G) Other similar major events.

(ii) An increment referred to in this subrule shall not be more than 9 months.

(iii) Not later than 14 days following each date in the schedule and the final date for compliance, the nondomestic user shall submit a progress report to the control authority, including, at a minimum, whether or not the user complied with the increment of progress to be met on a particular date and, if not, the date on which the user expects to comply with the increment of progress, the reason for delay, and the steps being taken by the nondomestic user to return the construction to the schedule established. Not more than 9 months shall elapse between progress reports to the control authority.

(h) Where the nondomestic user's categorical pretreatment standard has been modified by a removal allowance under R 323.2313(a), the combined wastestream formula under R 323.2311(7) or a fundamentally different factors variance under R 323.2313(b) at the time the nondomestic user submits the report required by this rule, the information required by subdivisions (f) and (g) of this subrule shall pertain to the modified limits.

(i) Any changes to information requested under subdivisions (a) to (e) of this subrule shall be submitted by the nondomestic user to the control authority within 60 days.

(3) Within 90 days following the date for final compliance with applicable categorical pretreatment standards or, in the case of a new source, following commencement of the introduction of wastewater into the publicly owned treatment works, any nondomestic user subject to pretreatment standards and requirements shall submit, to the control authority, a report containing the information described in subrule (2)(d) to (f) of this rule. For industrial users subject to equivalent mass or concentration limits established by the control authority in accordance with the procedures in R 323.2311(5), the report shall contain a reasonable measure of the nondomestic user's long-term production rate. For all other nondomestic users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production, or other measure of operation, the report shall include the nondomestic user's actual production during the appropriate sampling period.

(4) All of the following provisions apply to periodic reports on continued compliance:

(a) Any nondomestic user subject to a categorical pretreatment standard after the compliance date of the pretreatment standard or, in the case of a new source, after commencement of the discharge into the publicly owned treatment works shall submit, to the control authority semiannually, unless required more frequently in the pretreatment standard or by the control authority or the approval authority, a report indicating the nature and concentration of pollutants in the effluent that are limited by the categorical pretreatment standards. In addition, the report shall include a record of measured or appropriately estimated average and maximum daily flows for the reporting period for the discharge reported in subrule (2)(d) of this rule, except that the control authority may require more detailed reporting of flows.

(b) Where the control authority has imposed mass limitations on nondomestic users as provided for by R 323.2311(5), the report required by subdivision (a) of this subrule shall indicate the mass of pollutants regulated by pretreatment standards in the discharge from the nondomestic user.

(c) For nondomestic users subject to equivalent mass or concentration limits established by the control authority in accordance with the procedures in R 323.2311(5), the report required by subdivision (a) of this subrule shall contain a reasonable measure of the nondomestic user's long-term production rate. For all other nondomestic users subject to categorical pretreatment standards expressed only in terms of allowable pollutant discharge per unit of production, or other measure of operation, the report required by subdivision (a) of this subrule shall include the nondomestic user's actual average production rate for the reporting period.

(5) All categorical and non-categorical nondomestic users shall notify the publicly owned treatment works immediately of all discharges that could cause problems to the publicly owned treatment works, including any slug loadings.

(6) All of the following provisions apply to monitoring and analysis to demonstrate continued compliance:

(a) The reports required in subrules (2), (3), and (4) of this rule shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass where requested by the control authority, of pollutants contained in the discharge that are limited by the applicable pretreatment standards. The sampling and analysis may be performed by the control authority instead of the nondomestic user. Where the publicly owned treatment works elects to perform the required sampling and analysis instead of the nondomestic user, the nondomestic user will not be required to submit the compliance certification required under subrules (2)(f) and (3) of this rule. In addition, where the publicly owned treatment works collects all the information required for the report, including flow data, the nondomestic user will not be required to submit the report. The publicly owned treatment works shall provide, to the nondomestic user, within 10 days after the results are available, the results of any sampling the publicly owned treatment works performs for nondomestic user self-monitoring that show a violation of any pretreatment standard. Any certification required by a categorical pretreatment standard shall be included with the semiannual compliance reports.

(b) If sampling performed by a nondomestic user indicates a violation of pretreatment standards, the nondomestic user shall notify the control authority within 24 hours of becoming aware of the violation. The nondomestic user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the control authority within 30 days after becoming aware of the violation; however, the nondomestic user is not required to resample if the control authority performs sampling at the nondomestic user at a frequency of at least once per month or if the control authority performs sampling at the nondomestic user between the time when the nondomestic user performs its initial sampling and the time when the nondomestic user receives the results of the sampling.

(c) The reports required in subrule (4) of this rule shall be based upon data obtained through appropriate sampling and analysis performed during the period covered by the report, which data is representative of conditions occurring during the reporting period.

The control authority shall require a frequency of monitoring that is necessary to assess and assure compliance by nondomestic users with applicable pretreatment standards and requirements.

(d) All analyses shall be performed in accordance with procedures established by the E.P.A. pursuant to section 304(h) of the clean water act and contained in 40 C.F.R. part 136 (1992) or with any other test procedures approved by the E.P.A. Sampling shall be performed in accordance with the techniques approved by the E.P.A. Where the provisions of 40 C.F.R. part 136 (1992) do not include sampling or analytical techniques for the pollutants in question, or where the United States E.P.A. determines that the part 136 (1992) sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analyses shall be performed using validated analytical methods or any other sampling and analytical procedures, including procedures suggested by the publicly owned treatment works or other parties and approved by the E.P.A.

(e) If a nondomestic user monitors any pollutant more frequently than required by the control authority using the procedures prescribed in subdivision (d) of this subrule, the results of the monitoring shall be included in the report.

(7) The control authority shall require appropriate reporting from nondomestic users that have discharges which are not subject to categorical pretreatment standards. Significant noncategorical industrial users shall submit, to the control authority, at least semiannually, a description of the nature, concentration, and flow of the pollutants required to be reported by the control authority. The reports shall be based on sampling and analysis performed in the period covered by the report and performed in accordance with the techniques described in 40 C.F.R. part 136 (1992). Where the provisions of 40 C.F.R. part 136 (1992) do not contain sampling or analytical techniques for the pollutant in question, or where the E.P.A. determines that the part 136 (1992) sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analysis shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the publicly owned treatment works or other persons and approved by the E.P.A. The sampling and analysis may be performed by the control authority instead of the significant noncategorical industrial user. Where the publicly owned treatment works collects all of the information required for the report, the noncategorical significant industrial user will not be required to submit the report. The publicly owned treatment works shall provide, to the nondomestic user, within 10 days after the results are available, the results of any sampling it performs for nondomestic user self-monitoring that show a violation of any pretreatment standard.

(8) Publicly owned treatment works that have approved pretreatment programs shall provide the approval authority with a report that briefly describes the publicly owned treatment works' program activities, including activities of all participating agencies, if more than 1 jurisdiction is involved in the local program. The report required by this subrule shall be submitted not later than 1 year after approval of the publicly owned treatment works' pretreatment program and at least annually thereafter and shall include, at a minimum, the following information:

(a) An updated list of the publicly owned treatment works' nondomestic users, including their names and addresses, or a list of deletions and additions keyed to a previously submitted list. The publicly owned treatment works shall provide a brief explanation of each deletion. The list shall identify which nondomestic users are subject to categorical pretreatment standards and specify which standards are applicable to each nondomestic user. The list shall indicate which nondomestic users are subject to local standards that are more stringent than the categorical pretreatment standards. The publicly owned treatment works shall also list the nondomestic users that are subject only to local requirements.

(b) A summary of the status of nondomestic user compliance over the reporting period.

(c) A summary of compliance and enforcement activities, including inspections, conducted by the publicly owned treatment works during the reporting period.

(d) A summary of toxics monitored of influent, sludge, and effluent.

(e) Any other relevant information requested by the approval authority.

(9) Both of the following provisions apply to the notification of a changed discharge:

(a) A nondomestic user shall promptly notify the publicly owned treatment works in advance of any substantial change in the volume or character of pollutants in its discharge, including all of the following, if applicable:

(i) Groundwaters that are purged for remedial action programs.

(ii) Groundwaters containing pollutants that infiltrate into the sewers.

(iii) The listed or characteristic hazardous wastes for which the nondomestic user has submitted initial notification under subrule (15) of this rule.

(b) Publicly owned treatment works shall evaluate all new or changed discharges with respect to general and specific prohibitions contained in R 323.2303 before acceptance by the publicly owned treatment works.

(10) Publicly owned treatment works shall notify the approval authority of any substantial change in the volume or character of pollutants discharged to or from the publicly owned treatment works as required by 40 C.F.R. §122.42 (1990), or as contained in the notification requirements of the publicly owned treatment works' permit.

(11) The reports required by subrules (2), (3), (4), and (7) of this rule shall include the certification statement as set forth in R 323.2311(2)(b)(ii) and shall be signed as follows:

(a) By a responsible corporate officer if the industrial user submitting the reports required by subrules (2), (3), (4), and (7) of this rule is a corporation. For the purpose of this subrule, a responsible corporate officer means a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function or any other person who performs similar policy- or decision-making functions for the corporation or means the principal manager of 1 or more manufacturing, production, or operation facilities employing more than 250 persons or having gross annual sales or expenditures of more than $25,000,000.00, in second-quarter 1980 dollars, if authority to sign the documents has been assigned or delegated to the manager in accordance with corporate procedures.

(b) By a general partner or proprietor if the industrial user submitting the reports required by subrules (2), (3), (4), and (7) of this rule is a partnership or sole proprietorship, respectively.

(c) By a duly authorized representative of the individual designated in this subrule if all of the following provisions apply:

(i) The authorization is made in writing by the individual described in subdivision (a) or (b) of this subrule.

(ii) The authorization specifies either an individual or a position having responsibility for the overall operation of the facility from which the industrial discharge originates, such as the position of plant manager, operator of a well or well field, or superintendent or a position of equivalent responsibility or that has overall responsibility for environmental matters for the company.

(iii) The written authorization is submitted to the control authority. If an authorization is no longer accurate because a different individual or position has responsibility for the overall operation of the facility or overall responsibility for environmental matters for the company, a new authorization satisfying the requirements of this subrule shall be submitted to the control authority before or together with any reports to be signed by an authorized representative.

(12) Reports submitted to the approval authority by the publicly owned treatment works in accordance with subrule (8) of this rule shall be signed by a principal executive officer, ranking elected official, or other duly authorized employee if the employee is responsible for the overall operation of the publicly owned treatment works.

(13) The reports and other documents required to be submitted or maintained under this rule shall be subject to all of the following provisions:

(a) 18 U.S.C. section §1001 relating to fraud and false statements.

(b) Section 309(c)(4) of the clean water act, as amended, governing false statements, representation or certification.

(d) Section 3115 of the act.

(14) All of the following provisions apply to recordkeeping requirements:

(a) A nondomestic user and publicly owned treatment works subject to the reporting requirements established in this rule shall maintain records of all information resulting from any monitoring activities required by this rule. The records shall include all of the following information for all samples:

(i) The date, exact place, method, and time of sampling and the names of the person or persons taking the samples.

(ii) The dates analyses were performed.

(iii) Who performed the analyses.

(iv) The analytical techniques and methods used.

(v) The results of the analyses.

(b) A nondomestic user or publicly owned treatment works subject to the reporting requirements established in this rule shall be required to retain, for a minimum of 3 years, any records of monitoring activities and results, whether or not the monitoring activities are required by this rule, and shall make the records available for inspection and copying by the approval authority and the E.P.A. regional administrator and in the case of a nondomestic user, the publicly owned treatment works. The period of retention shall be extended during the course of any pending litigation regarding the nondomestic user or publicly owned treatment works or when requested by the approval authority or the E.P.A. regional administrator.

(c) A publicly owned treatment works to which reports are submitted by a nondomestic user pursuant to subrules (2), (3), (4), and (7) of this rule shall retain the reports for a minimum of 3 years and shall make the reports available for inspection and copying by the approval authority and the E.P.A. regional administrator. The period of retention shall be extended during the course of any pending litigation regarding the discharge of pollutants by the nondomestic user or the operation of the publicly owned treatment works' pretreatment program or when requested by the approval authority or the regional administrator.

(15) All of the following provisions apply to hazardous waste notification:

(a) The nondomestic user shall notify the publicly owned treatment works, the E.P.A. regional waste management division chief, and the department, in writing, of any discharge into the publicly owned treatment works of a substance which, if otherwise disposed of, would be a hazardous waste under 40 C.F.R. part 261 (1990). The notification shall include the name of the hazardous waste as set forth in 40 C.F.R. part 261 (1990), the E.P.A. hazardous waste number, and the type of discharge (continuous, batch, or other). If the nondomestic user discharges more than 100 kilograms of the waste per calendar month to the publicly owned treatment works, the notification shall also contain all of the following information to the extent the information is known and readily available to the nondomestic user:

(i) An identification of the hazardous constituents contained in the wastes.

(ii) An estimation of the mass and concentration of the constituents in the wastestream discharged during that calendar month.

(iii) An estimation of the mass of constituents in the wastestream expected to be discharged during the following 12 months. Nondomestic users who commence discharging after the effective date of this rule shall provide the notification not later than 180 days after the discharge of the listed or characteristic hazardous waste. Any notification under this subdivision need be submitted only once for each hazardous waste discharged.

However, notifications of changed discharges shall b submitted under subrule (9) of this rule. The notification requirement in this rule does not apply to pollutants already reported under the self-monitoring requirements of this rule.

(b) Dischargers are exempt from the requirements of subdivision (a) of this subrule during a calendar month in which they discharge 15 kilograms or less of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 C.F.R. 261.30(d) and 261.33(e)

(1990). Discharge of more than 15 kilograms of nonacute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 C.F.R. 261.30(d) and 261.33(e) (1990), requires a 1-time notification. Discharges in subsequent months of more than the quantities of any hazardous waste specified in this subdivision do not require additional notification.

(c) If new regulations under section 3001 of the resource conservation recovery act of 42 U.S.C. §6901 et seq., identify additional characteristics of hazardous waste or list any additional substance as a hazardous waste, the nondomestic user shall notify the publicly owned treatment works, the E.P.A. regional waste management division chief, and state hazardous waste authorities of the discharge of the substance within 90 days of the effective date of the regulations.

(d) If notification is made under subdivision (a) of this subrule, the nondomestic user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical.

**History**
- *History: 1995 AACS.*

##### **Mich. Admin. Code R 323.2311** National pretreatment standards; categorical standards {#sec-r-323.2311 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2311}

Rule 11. (1) National pretreatment standards specifying quantities or concentrations of pollutants or pollutant properties that may be discharged to a publicly owned treatment works by existing or new nondomestic users in specific industrial subcategories will be established by E.P.A. as separate regulations under the appropriate subpart of 40 C.F.R.

chapter I, subchapter N (1990). The standards, unless specifically noted otherwise, shall be in addition to all applicable pretreatment standards and requirements set forth in these rules.

(2) All of the following provisions apply to category determination request:

(a) Within 60 days after the effective date of a pretreatment standard for a subcategory under which a nondomestic user may be included, the nondomestic user or publicly owned treatment works may request that the approval authority, as appropriate, provide written certification on whether the nondomestic user falls within that particular subcategory. If an existing nondomestic user adds or changes a process or operation that may be included in a subcategory, the existing nondomestic user shall request the certification before commencing to discharge from the added or changed processes or operation. A new source shall request the certification before commencing to discharge. Where a certification is submitted by a publicly owned treatment works, the publicly owned treatment works shall notify any affected nondomestic user of the submission. The nondomestic user may provide written comments on the publicly owned treatment works submission to the approval authority within 30 days of notification.

(b) Each request shall contain both of the following:

(i) A statement describing which subcategories might be applicable.

(ii) A statement citing evidence and reasons why a particular subcategory is applicable and why others are not applicable. Any person signing the application statement submitted pursuant to this subdivision shall make the following certification: I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.

(c) The approval authority will only act on written requests for determinations that contain all of the information required. Persons who have made incomplete submissions will be notified by the approval authority that their requests are deficient and, unless the time period is extended, will be given 30 days to correct the deficiency. If the deficiency is not corrected within 30 days or within an extended period allowed by the approval authority, the request for a determination shall be denied.

(d) When the approval authority receives a submittal, the authority will, after determining that it contains all of the information required by subdivision (b) of this subrule, consider the submission, any additional evidence that may have been requested, and any other available information relevant to the request. The E.P.A. has the opportunity to review any information and make a final determination in accordance with 40 C.F.R. §403.6(a)(4)

(1992). The approval authority will then make a written determination of the applicable subcategory and state the reasons for the determination. The approval authority shall send a copy of the determination to the affected nondomestic user and the publicly owned treatment works.

(e) Within 30 days following the date of receipt of notice of the final determination as provided for by subdivision (d) of this subrule, the requester may submit a petition to reconsider or contest the decision to the E.P.A. regional administrator, who shall act on the petition expeditiously and state the reasons for his or her determination in writing.

(3) Compliance by existing sources with categorical pretreatment standards shall be attained within 3 years of the date the standard is effective, unless a shorter compliance time is specified in the appropriate subpart of 40 C.F.R. chapter I, subchapter N (1990).

Direct dischargers that have had national pollutant discharge elimination system permits modified or reissued to provide a variance pursuant to section 301(i)(2) of the clean water act shall be required to meet compliance dates set in any applicable categorical pretreatment standard. Existing sources that become nondomestic users subsequent to the promulgation of an applicable categorical pretreatment standard shall be considered existing nondomestic users, except where the sources meet the definition of a new source as defined in R 323.2302(r).

(4) New sources shall install, have in operating condition, and start up all pollution control equipment required to meet applicable pretreatment standards before beginning to discharge. Within the shortest feasible time, but not more than 90 days, new sources shall meet all applicable pretreatment standards. Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility, or installation meeting the criteria of R 323.2302(r)(ii) or (iii), but otherwise alters, replaces, or adds to existing process or production equipment. Construction of a new source as defined in R 323.2302(r) has commenced if the owner or operator has done either of the following:

(a) Begun, or caused to begin, as part of a continuous onsite construction program, either of the following:

(i) Any placement, assembly, or installation of facilities or equipment.

(ii) Significant site preparation work, including clearing, excavation, or removal of existing buildings, structures, or facilities that is necessary for the placement, assembly, or installation of new source facilities or equipment.

(b) Entered into a binding contractual obligation for the purchase of facilities or equipment that is intended to be used in the operation within a reasonable time. Options to purchase or contracts that can be terminated or modified without substantial loss and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this subdivision.

(5) All of the following provisions apply to concentration and mass limits:

(a) Pollutant discharge limits in categorical pretreatment standards will be expressed either as concentration or mass limits. Where possible, where concentration limits are specified in standards, equivalent mass limits will be provided so that local, state, or federal authorities responsible for enforcement may use either concentration or mass limits. Limits in categorical pretreatment standards shall apply to the effluent of the process regulated by the standard or as otherwise specified by the standard.

(b) When the limits in a categorical pretreatment standard are expressed only in terms of mass of pollutant per unit of production, the control authority may convert the limits to equivalent limitations expressed either as mass of pollutant discharged per day or effluent concentration for purposes of calculating effluent limitations applicable to individual nondomestic users.

(c) A control authority calculating equivalent mass-per-day limitations under subdivision (b) of this subrule shall calculate the limitations by multiplying the limits in the standard by the nondomestic user's average rate of production. The average rate of production shall be based not upon the designed production capacity, but rather upon a reasonable measure of the nondomestic user's actual long-term daily production, such as the average daily production during a representative year. For new sources, actual production shall be estimated using projected production.

(d) A control authority calculating equivalent concentration limitations under subdivision (b) of this subrule shall calculate the limitations by dividing the mass limitations derived under subdivision (c) of this subrule by the average daily flow rate of the nondomestic user's regulated process wastewater. The average daily flow rate shall be based upon a reasonable measure of the nondomestic user's actual long-term average flow rate, such as the average daily flow rate during the representative year.

(e) Equivalent limitations calculated in accordance with subdivisions (c) and (d) of this subrule shall be deemed pretreatment standards for the purposes of these rules.

Nondomestic users will be required to comply with the equivalent limitations instead of the promulgated categorical standards from which the equivalent limitations were derived.

(f) Many categorical pretreatment standards specify one limit for calculating maximum daily discharge limitations and a second limit for calculating maximum monthly average, or 4-day average, limitations. Where the standards being applied specify the different limits set forth in this subdivision, the same production of flow figure shall be used in calculating both types of equivalent limitations.

(g) A nondomestic user operating under a permit incorporating equivalent mass or concentration limits calculated from a production based standard shall notify the control authority within 2 business days after the nondomestic user has a reasonable basis to know that the production level will significantly change within the next calendar month. A nondomestic user that does not notify the control authority of the anticipated change will be required to meet the mass or concentration limits in its permit that were based on the original estimate of the long-term average production rate.

(6) Except where expressly authorized to do so by an applicable pretreatment standard or requirement, a nondomestic user shall not increase the use of process water or in any other way attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with a pretreatment standard or requirement. The control authority may impose mass limitations on nondomestic users that are using dilution to meet applicable pretreatment standards or requirements and in other cases where the imposition of mass limitations is appropriate.

(7) Where process effluent is mixed before treatment with wastewaters other than those generated by the nondomestic user regulated process, fixed alternative discharge limits may be derived by the control authority or by the nondomestic user with the written concurrence of the control authority. These alternative limits shall be applied to the mixed effluent. When deriving alternative categorical limits, the control authority or nondomestic user shall calculate both an alternative daily maximum value using the daily maximum value or values specified in the appropriate categorical pretreatment standard or standards and an alternative consecutive sampling day average value using the monthly average value or values specified in the appropriate categorical pretreatment standard or standards. The nondomestic user shall comply with the alternative daily maximum and monthly average limits fixed by the control authority until the control authority modifies the limits or approves a nondomestic user modification request. Modification is authorized if there is a material or significant change in the values used in the calculation to fix alternative limits for the regulated pollutant. A nondomestic user shall immediately report the material or significant change to the control authority. Where appropriate, new alternative categorical limits shall be calculated within 30 days. For new sources, flows shall be estimated using projected values. The alternative limit for a specified pollutant will be derived by the use of either of the following formulas:

(a) Alternative concentration limit.

C T = where CT = the alternative concentration limit for the combined wastestream.

Ci = the categorical pretreatment standard concentration limit for a pollutant in the regulated stream i.

Fi = the average daily flow of stream i to the extent that it is regulated for the pollutant.

FD = the average daily flow from boiler blowdown streams, noncontact cooling streams, stormwater streams, and demineralizer backwash streams; provided, however, that where the streams contain a significant amount of a pollutant and the combination of the streams, before treatment, with anondomestic user's regulated process wastestream will result in a substantial reduction of the pollutant, the control authority, upon application of the nondomestic user, may exercise its discretion to determine whether the streams should be classified as diluted or unregulated. In its application to the control authority, the nondomestic user shall provide engineering, production, sampling, analysis, and other necessary information so that the control authority can make its determination or equals the average daily flow from sanitary wastestreams where the streams are not regulated by a categorical pretreatment standard for 1 or more of the following reasons (see R 323.2312):

(i) The pollutants of concern are not detectable in the effluent from the nondomestic user.

(ii) The pollutants of concern are present only in trace amounts and are neither causing nor likely to cause toxic effects.

(iii) The pollutants of concern are present in amounts too small to be effectively reduced by technologies known to the E.P.A.

(iv) The wastestream contains only pollutants that are compatible with the publicly owned treatment works.

FT = The average daily flow through the combined treatment facility, includes Fi, FD, and unregulated streams.

N = The total number of regulated streams.

(b) Alternative mass limit.   N i i F   N i i i F C F D F T F T   N i i M F T F D M T = where MT = the alternative mass limit for a pollutant in the combined wastestream.

Mi = the categorical pretreatment standard mass limit for a pollutant in the regulated stream i (the categorical pretreatment mass limit multiplied by the appropriate measure of production).

Fi = the average flow of stream i to the extent that it is regulated for the pollutant.

FD = the average daily flow from boiler blowdown streams, noncontact cooling streams, stormwater streams, and demineralizer backwash streams; provided, however, that where the streams contain a significant amount of a pollutant and the combination of the streams, before treatment, with a nondomestic user's regulated process wastestream will result in a substantial reduction of the pollutant, the control authority, upon application of the nondomestic user, may exercise its discretion to determine whether the streams should be classified as diluted or unregulated. In its application to the control authority, the nondomestic user shall provide engineering, production, sampling, analysis, and other necessary information so that the control authority can make its determination or equals the average daily flow from sanitary wastestreams where the streams are not regulated by a categorical pretreatment standard or equals the average daily flow from any process wastestreams that were or could have been entirely exempted from categorical pretreatment standards for 1 or more of the following reasons (see R 323.2312):

(i) The pollutants of concern are not detectable in the effluent from the nondomestic user.

(ii) The pollutants of concern are present only in trace amounts and are neither causing nor likely to cause toxic effects.

(iii) The pollutants of concern are present in amounts too small to be effectively reduced by technologies known to the E.P.A.

(iv) The wastestream contains only pollutants that are compatible with the publicly owned treatment works.

FT = The average flow through the combined treatment facility, includes Fi, FD, and unregulated streams.

N = The total number of regulated streams. An alternative pretreatment limit may not be used if the alternative limit is below the analytical detection limit for any of the regulated pollutants. Self-monitoring required to ensure compliance with the alternative categorical limit shall be conducted in accordance with the requirements of R 323.2310(6). Where a treated regulated process wastestream is combined before treatment with wastewaters other than those generated by the regulated process, the nondomestic user may monitor either the segregated process wastestream or the combined wastestream for the purpose of determining compliance with applicable pretreatment standards. If the nondomestic user chooses to monitor the segregated process wastestream, it shall apply the applicable categorical pretreatment standard. If the nondomestic user chooses to monitor the combined wastestream, it shall apply an alternative discharge limit calculated using the combined wastestream formula as provided in this rule. The nondomestic user may change monitoring points only after receiving approval from the control authority. The control authority shall ensure that any change in a nondomestic user's monitoring point or points   N i i F will not allow the user to substitute dilution for adequate treatment to achieve compliance with applicable standards.

**History**
- *History: 1995 AACS.*

##### **Mich. Admin. Code R 323.2312** Industrial subcategories considered dilute {#sec-r-323.2312 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2312}

Rule 12. The industrial subcategories listed in appendix D of 40 C.F.R. part 403 (1986) are considered dilute wastestreams for purposes of applying the combined wastestream formula.

**History**
- *History: 1995 AACS.*

##### **Mich. Admin. Code R 323.2313** Alternative categorical limits {#sec-r-323.2313 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2313}

Rule 13. Categorical pretreatment standards shall apply to a nondomestic user subject to categorical standards, unless an enforceable alternative limit to the corresponding national categorical standards is derived using any of the following methods:

(a) 40 C.F.R. §403.7 (1993) contains the requirements for removal credits that reflect the removal of pollutants by a publicly owned treatment works discharged by the nondomestic user.

(b) 40 C.F.R. §403.13 (1992) contains the requirements for a fundamentally different factor variance to reflect the existence of data and information that was not considered or available when the national categorical pretreatment standard was promulgated.

(c) 40 C.F.R. §403.15 (1992) contains the requirements for a net/gross calculation to reflect the presence of pollutants in the intake water of a nondomestic user.

(d) R 323.2311(5) contains the requirements for equivalent mass per day limitations.

(e) R 323.2311(7) contains the requirements for combined wastestream formula alternative limitations.

**History**
- *History: 1995 AACS.*

##### **Mich. Admin. Code R 323.2314** Confidentiality {#sec-r-323.2314 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2314}

Rule 14. (1) In accordance with Act No. 442 of the Public Acts of 1976, as amended, being §15.231 et seq. of the Michigan Compiled Laws, and Act No. 306 of the Public Acts of 1969, as amended, being §24.201 et seq. of the Michigan Compiled Laws, any information submitted to the approval authority pursuant to these acts that is a trade secret may be claimed as confidential, if so marked at the time of submission.

(2) All discharge information in the possession of the control authority pursuant to these rules shall be available to the public without restriction.

**History**
- *History: 1995 AACS.*

##### **Mich. Admin. Code R 323.2315** Upset provision {#sec-r-323.2315 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2315}

Rule 15. (1) An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards if the provisions of subrule (2) of this rule are met.

(2) A nondomestic user who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs or other relevant evidence, that all of the following provisions apply:

(a) An upset occurred and the nondomestic user can identify the cause or causes of the upset.

(b) The facility was at the time being operated in a prudent and workmanlike manner and in compliance with applicable operation and maintenance procedures.

(c) The nondomestic user has submitted the following information to the publicly owned treatment works within 24 hours of becoming aware of the upset:

(i) A description of the indirect discharge and cause of noncompliance.

(ii) The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue.

(iii) Steps being taken or planned to reduce, eliminate, and prevent a recurrence of the noncompliance.

If this information is provided orally, a written submission shall be provided within 5 days of becoming aware of the upset.

(3) In any enforcement proceeding, the nondomestic user seeking toestablish the occurrence of an upset shall have the burden of proof.

(4) In the usual exercise of prosecutorial discretion, agency enforcement personnel should review any claims that noncompliance was caused by an upset. A determination made in the course of the review does not constitute final agency action subject to judicial review.

Industrial users will have the opportunity for a judicial determination on any claim of upset only in an enforcement action brought for noncompliance with categorical pretreatment standards.

(5) The nondomestic user shall control production or all discharges to the extent necessary to maintain compliance with categorical pretreatment standards upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in a situation where, among other things, the primary source of power of the treatment facility is reduced, lost, or fails.

**History**
- *History: 1995 AACS.*

##### **Mich. Admin. Code R 323.2316** Bypass {#sec-r-323.2316 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2316}

Rule 16. (1) A nondomestic user may allow a bypass to occur if the bypass does not cause pretreatment standards or requirements to be violated, but only if the bypass is also for essential maintenance to assure efficient operation. A bypass is not subject to the provisions of subrules (2) and (3) of this rule.

(2) If a nondomestic user knows in advance of the need for a bypass, it shall submit prior notice to the publicly owned treatment works, if possible, not less than 10 days before the date of the bypass. A nondomestic user shall submit oral notice of an unanticipated bypass that exceeds applicable pretreatment standards to the publicly owned treatment works within 24 hours of the time the nondomestic user becomes aware of the bypass. A written submission shall also be provided to the control authority within 5 days of the time the nondomestic user becomes aware of the bypass. The written submission shall contain all of the following:

(a) A description of the bypass and its cause.

(b) The duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue.

(3) Bypass is prohibited, and the control authority may take enforcement action against a nondomestic user for a bypass, unless all of the following provisions apply:

(a) Bypass was unavoidable to prevent a loss of life, personal injury, or severe property damage.

(b) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass that occurred during normal periods of equipment downtime or preventative maintenance.

(4) The control authority may approve an anticipated bypass after considering its adverse effects if the control authority determines that the provisions listed in subrule (3) of this rule will apply.

**History**
- *History: 1995 AACS.*

##### **Mich. Admin. Code R 323.2317** Federal regulations; adoption by reference {#sec-r-323.2317 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2317}

Rule 17. The following standards are adopted by reference in these rules. Copies are available for inspection at the Lansing office of the department of natural resources and may be obtained from the Superintendent of Documents, Government Printing Office, Washington, DC 20402, at a cost, as of the time of adoption of these rules of $36.00, or from the Department of Natural Resources, Surface Water Quality Division, P.O. Box 30028, Lansing, Michigan 48909, at a cost as of the time of adoption of these rules of 20 cents per page:

(a) Aluminum forming, 40 C.F.R. part 467 (1988).

(b) Asbestos manufacturing, 40 C.F.R. part 427 (1979).

(d) Builder's paper and board mills, 40 C.F.R. part 431 (1986).

(e) Carbon black manufacturing, 40 C.F.R. part 458 (1978).

(f) Coil coating, 40 C.F.R. part 465 (1985).

(g) Copper forming, 40 C.F.R. part 468 (1986).

(h) Electrical and electronic components, 40 C.F.R. part 469 (1985).

(i) Electroplating, 40 C.F.R. part 413 (1986).

(j) Feedlots, 40 C.F.R. part 412 (1986).

(k) Ferroalloy manufacturing, 40 C.F.R. part 424 (1986).

(l) Fertilizer manufacturing, 40 C.F.R. part 418 (1987).

(m) Glass manufacturing, 40 C.F.R. part 426 (1986).

(n) Grain mills, 40 C.F.R. part 406 (1986).

(o) Ink formulating, 40 C.F.R. part 447 (1975).

(p) Inorganic chemicals, 40 C.F.R. part 415 (1984).

(q) Iron and steel manufacturing, 40 C.F.R. part 420 (1984).

(r) Leather tanning and finishing, 40 C.F.R. part 425 (1988).

(s) Metal finishing, 40 C.F.R. part 433 (1986).

(t) Metal molding and casting, 40 C.F.R. part 464 (1986).

(u) Nonferrous metals forming and metal powders, 40 C.F.R. part 471 (1989).

(v) Nonferrous metals manufacturing, 40 C.F.R. part 421 (1990).

(w) Organic chemicals, plastics, synthetic fibers, 40 C.F.R. part 414 (1993).

(x) Paint formulating, 40 C.F.R. part 446 (1975).

(y) Paving and roofing materials, 40 C.F.R. part 443 (1975).

(z) Pesticide chemicals, 40 C.F.R. part 455 (1993).

(aa) Petroleum refining, 40 C.F.R. part 419 (1985).

(bb) Pharmaceutical manufacturing, 40 C.F.R. part 439 (1986).

(cc) Porcelain enameling, 40 C.F.R. part 466 (1985).

(dd) Pulp, paper, and paperboard, 40 C.F.R. part 430 (1986).

(ee) Rubber manufacturing, 40 C.F.R. part 428 (1978).

(ff) Soap and detergent manufacturing, 40 C.F.R. part 417 (1975).

(gg) Steam electric power generating, 40 C.F.R. part 423 (1983).

(hh) Sugar processing, 40 C.F.R. part 409 (1986).

(ii) Timber products processing, 40 C.F.R. part 429 (1982).

(jj) 40 C.F.R. chapter I, subchapter N (1990).

(kk) 40 C.F.R. S 25 (1979).

(ll) 40 C.F.R. S 122 (1990).

(mm) 40 C.F.R. S 128.140(b) (1977).

(nn) 40 C.F.R. S 136 (1992).

(oo) 40 C.F.R. S 261 (1990).

(pp) 40 C.F.R. S 403 (1992).

(qq) 40 C.F.R. S 403.7 (1993).

**History**
- *History: 1995 AACS.*

### **R 323.2401 to R 323.2418** Water Resources Protection -- Part 24. Land Application of Biosolids

##### **Mich. Admin. Code R 323.2401** Purpose and applicability {#sec-r-323.2401 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2401}

DEPARTMENT OF ENVIRONMENTAL QUALITY

SURFACE WATER QUALITY DIVISION

WATER RESOURCES PROTECTION

(By authority conferred on the department of environmental quality by sections 3104 and 3106 of Act No.451 of the Public Acts of 1994, as amended, being §§324.3104 and 324.3106 of the Michigan Compiled Laws)

PART 24. LAND APPLICATION OF BIOSOLIDS

Rule 2401. (1) These rules establish standards for the land application and beneficial recycling of biosolids originating from domestic sewage treatment systems and sanitary sewage treatment systems. The standards consist of general requirements, notification, recordkeeping, pollutant limits, management practices, and operational standards.

(2) These rules apply to all of the following:

(a) Any person who prepares or applies biosolids to the land.

(b) Biosolids applied to the land.

**History**
- *History: 1999 AACS.*

##### **Mich. Admin. Code R 323.2402** Definitions {#sec-r-323.2402 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2402}

Rule 2402. (1) As used in these rules:

(a) "Act" means Act No. 451 of the Public Acts of 1994, as amended, being §324.101 et seq. of the Michigan Compiled Laws.

(b) "Aerobic digestion" means the biochemical decomposition of organic matter in biosolids into carbon dioxide and water by microorganisms in the presence of air.

(c) "Agricultural land" means land on which a food crop, a feed crop, or a fiber crop is grown. The term includes range land and land used as pasture.

(d) "Agronomic rate" means the calculated biosolids application rate (dry weight basis) which provides the amount of plant-available nitrogen (PAN) needed by the crop or vegetation grown on the land; which minimizes the amount of nitrogen that passes below the root zone of the crop or vegetation grown; and which considers the amounts of phosphate (P2O5) and potash (K2O) added by the biosolids as part of the total nutrient management plan.

(e) "Anaerobic digestion" means the biochemical decomposition of organic matter in biosolids into methane gas and carbon dioxide by microorganisms in the absence of air.

(f) "Annual pollutant loading rate" means the maximum amount of a pollutant in biosolids that can be applied to a unit area of land during a 365-day period.

(g) "Annual whole biosolids application rate" means the maximum amount of biosolids (dry weight basis) that can be applied to a unit area of land during a 365-day period.

(h) "Biosolids" means solid, semisolid, or liquid residues generated during the treatment of sanitary sewage or domestic sewage in a treatment works. The term "biosolids" includes, but is not limited to, scum or solids removed in primary, secondary, or advanced wastewater treatment processes and a derivative of the removed scum or solids.

(i) "Bulk biosolids" means biosolids that are not sold or given away in a bag or other container for application to a lawn or home garden.

(j) "Class A" means biosolids that meet the requirement in R 323.2414(2)(b) and the requirements in R 323.2414(2)(c), (d), (e), (f), (g), or (h) with respect to pathogens.

(k) "Class B" means biosolids that meet the requirements in R 323.2414(3)(c), (d), or (e) with respect to pathogens.

(l) "Cumulative pollutant loading rate" means the maximum amount of an inorganic pollutant that can be applied to an area of land.

(m) "Department" means the director of the department of environmental quality or his or her designee.

(n) "Derivative" means a product for land application derived from biosolids that does not include solid waste or other waste regulated under the act. A derivative does not include materials or treatment chemicals, that is, lime or ferric chloride, integral to wastewater treatment and biosolids unit processes.

(o) "Detroit consumer price index" means the most comprehensive index of consumer prices available for the Detroit area from the United States department of labor, bureau of labor statistics.

(p) "Distributor" means a person who applies, markets, or distributes, except at retail, a derivative.

(q) "Domestic sewage" means waste and wastewater from humans or household operations that is discharged to, or otherwise enters, a treatment works.

(r) "Dry weight basis" means calculated on the basis of having been dried at 105 degrees Celsius until reaching a constant mass that is essentially 100% solids content.

(s) "EPA" means the United States environmental protection agency.

(t) "Exceptional quality" or "EQ" means biosolids or a derivative that meets all of the following criteria:

(i) Pollutant ceiling concentrations in R 323.2409(5)(a).

(ii) Pollutant concentrations in R 323.2409(5)(c).

(iii) One of the vector attraction reduction options in R 323.2415(4)(a) to (h) and 1 of the class A pathogen reduction alternatives in R 323.2414(2)(a).

(u) "Feed crops" means crops produced primarily for consumption by animals.

(v) "Fiber crops" means crops such as flax and cotton.

(w) "Food crops" means crops consumed by humans. The term includes, but is not limited to, fruits, vegetables, and tobacco.

(x) "Forest" means a tract of land that is thick with trees and underbrush.

(y) "Generator" means a person who generates biosolids that are applied to land.

(z) "Groundwater" means water below the land surface in the saturated zone.

(aa) "Incorporation" means the blending of surface-applied biosolids into the soil so that a significant amount of the biosolids is not present on the land surface within 1 hour after blending.

(bb) "Injection" means the placement of biosolids below the land surface so that a significant amount of the biosolids is not present on the land surface within 1 hour after land application.

(cc) "Land application" means spraying or spreading biosolids onto the land surface, injecting biosolids below the land surface, or incorporating biosolids into the soil so that the biosolids can either condition the soil or fertilize crops or vegetation grown in the soil.

(dd) "Land application plan" means the process a generator uses to identify and select land application sites that are not included in a land application site list. At a minimum a plan shall include all of the following:

(i) A description of the geographical area covered by the plan.

(ii) Identification of the criteria used for site selection.

(iii) A description of how the sites are managed.

(ee) "Land with a low potential for public exposure means land that the public uses infrequently. The term includes, but is not limited to, agricultural land, a forest, and a reclamation site located in an unpopulated area, for example, a strip mine located in a rural area.

(ff) "Land with a high potential for public exposure" means land that the public uses frequently. The term includes, but is not limited to, a public contact site and a reclamation site located in a populated area, for example, a construction site located in a city.

(gg) "Listed land application site" means a site which has been approved by the department and is used for biosolids land application by a generator.

(hh) "Local unit" means a county, city, village, or township or an agency or instrumentality of these entities.

(ii) "Other container" means either an open or closed receptacle. The term includes, but is not limited to, a bucket, a box, a carton, and a vehicle or trailer that has a load capacity of 1 metric ton or less.

(jj) "Pasture" means land on which animals feed directly on feed crops such as legumes, grasses, grain stubble, or stover.

(kk) "Pathogenic organisms" means disease-causing organisms. The term includes, but is not limited to, certain bacteria, protozoa, viruses, and viable helminth ova.

(ll) "Permit" means 1 of the following:

(i) A national pollutant discharge elimination system (NPDES) permit that is issued by the department under section 3112(1) of the act to control wastewater discharges to the surface waters and to manage biosolids.

(ii) A permit that is issued by the department under section 3112(1) of the act to control wastewater discharges to the groundwaters and to manage biosolids.

(iii) A biosolids permit issued by the department.

(mm) "Permitting authority" means the department.

(nn) "Person" means an individual, association, partnership, corporation, local unit, state or federal agency, or an agent or employee of any of the entities specified in this definition.

(oo) "Person who prepares biosolids" means either the person who generates biosolids during the treatment of domestic sewage or sanitary sewage in a treatment works or the person who derives a material from biosolids.

(pp) "pH" means the logarithm of the reciprocal of the hydrogen ion concentration measured at 25 degrees Celsius or measured at another temperature and then converted to an equivalent value at 25 degrees Celsius.

(qq) "Pollutant" means an organic substance, an inorganic substance, a combination of organic and inorganic substances, or a pathogenic organism that, after discharge and upon exposure, ingestion, inhalation, or assimilation into an organism either directly from the environment or indirectly by ingestion through the food chain, could, on the basis of information available to the administrator of EPA or the department, cause any of the following in either organisms or offspring of the organisms:

(i) Death.

(ii) Disease.

(iii) Behavioral abnormalities.

(iv) Cancer.

(v) Genetic mutations.

(vi) Physiological malfunctions, including malfunction in reproduction.

(vii) Physical deformations.

(rr) "Pollutant limit" means a numerical value that describes the amount of a pollutant allowed per unit amount of biosolids, for example milligrams per kilogram of total solids; the amount of a pollutant that can be applied to a unit area of land, for example, kilograms per hectare or pounds per acre; or the volume of a material that can be applied to a unit area of land, for example, gallons per acre.

(ss) "Public contact site" means land that has a high potential for contact by the public.

The term includes, but is not limited to, any of the following:

(i) Public parks.

(ii) Ball fields.

(iii) Cemeteries.

(iv) Plant nurseries.

(v) Turf farms.

(vi) Golf courses.

(tt) "Range land" means open land that has indigenous vegetation.

(uu) "Reclamation site" means drastically disturbed land that is reclaimed using biosolids.

The term includes, but is not limited to, strip mines and construction sites.

(vv) "Residuals management program" means a program which is required by a generator’s permit and which is developed in accordance with R 323.2403(3)(a) to (d).

(ww) "Retail" means EQ biosolids or an EQ derivative sold directly to the consumer or through retail establishments in bags or other containers that have a load capacity of 1 metric ton (2200 pounds) or less of biosolids.

(xx) "Sanitary sewage" means waste and wastewater from humans, households, or industrial or commercial operations that is discharged to, or otherwise enters, a treatment works.

(yy) "Saturated" or "saturated zone" means the soil pores, that is, spaces between the soil particles or rock are completely filled with water.

(zz) "Septage" means either liquid or solid material that is removed from any of the following that receive only domestic sewage.

(i) A septic tank.

(ii) A cesspool.

(iii) A portable toilet.

(iv) A type III marine sanitation device.

(v) A similar treatment works.

(aaa) "Site" means a contiguous tract of land to which biosolids or a derivative is landapplied in accordance with the requirements in these rules.

(bbb) "Specific oxygen uptake rate" or "SOUR" means the mass of oxygen consumed per unit time per unit mass of total solids (dry weight basis) in biosolids.

(ccc) "Surface application" means the spraying or spreading of biosolids or derivatives onto the land surface for use as a soil conditioner or as a nutrient source for plant growth.

(ddd) "Surface disposal" means the placement of biosolids on an area of land for final disposal as defined in 40 C.F.R. part 503, subpart C.

(eee) "Surface water" means any of the following:

(i) Lakes.

(ii) Rivers.

(iii) Streams.

(iv) Wetlands.

(v) All other watercourses.

(vi) Waters within the jurisdiction of this state.

(vii) The Great Lakes bordering this state.

(fff) "Treatment of" or "to treat," with respect to biosolids, means the preparation of biosolids for final use or disposal. The term includes, but is not limited to, the thickening, stabilization, and dewatering of biosolids. The term does not include the storage of biosolids.

(ggg) "Treatment works" means either a federally owned, publicly owned, or privately owned device or system used to treat, including recycling and reclaiming, either domestic sewage or sanitary sewage.

(hhh) "Total solids" means the materials in biosolids that remain as residue when biosolids are dried at 103 to 105 degrees Celsius.

(iii) "Unstabilized solids" means organic materials in biosolids that have not been treated in either an aerobic or anaerobic treatment process.

(jjj) "Vector attraction" means the characteristic of biosolids that attracts rodents, flies, mosquitoes, or other organisms capable of transporting infectious agents.

(kkk) "Volatile solids" means the amount of the total solids in biosolids lost when biosolids are combusted at 550 degrees Celsius in the presence of excess air.

(lll) "Wetlands" means areas that are inundated or saturated by surface water or groundwater at a frequency and duration to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions.

Wetlands generally include swamps, marshes, bogs, and similar areas.

**History**
- *History: 1999 AACS.*

##### **Mich. Admin. Code R 323.2403** Land application permit {#sec-r-323.2403 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2403}

Rule 2403. (1) A generator or distributor shall have a valid permit before commencing any biosolids land application or distribution activity in the state of Michigan.

(2) A generator or distributor shall submit a permit application on a form provided by the department not less than 180 days before expiration of an existing permit, commencement of biosolids land application, or distribution of a biosolids derivative, except at retail.

(3) All of the following provisions apply to a residuals management program:

(a) A generator shall submit a residuals management program for approval by the department as required by its permit.

(b) A residuals management program submitted to the department shall include all of the following information:

(i) Size and type of generating facility.

(ii) One year of records representing the volume and concentrations of pollutants in the biosolids.

(iii) Treatment process origin, for example, primary or secondary treatment and the volume of biosolids generated from each process.

(iv) A description of the treatment processes.

(v) Storage volume.

(vi) Transportation methods and spill prevention plan.

(vii) Land application method.

(viii) Land application site list.

(ix) Land application plan.

(x) Pathogen reduction method.

(xi) Vector attraction reduction method.

(xii) Monitoring program.

(d) A generating facility may modify the approved residuals management program by submitting a proposed modification to the department for approval. The modification shall become effective upon approval by the department.

(4) A person shall land apply biosolids or prepare biosolids for land application in accordance with the requirements established in these rules.

**History**
- *History: 1999 AACS.*

##### **Mich. Admin. Code R 323.2404** Imposition of more stringent requirements; proof of payment of costs and fees required; local ordinances {#sec-r-323.2404 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2404}

Rule 2404. (1) On a case-by-case basis, the permitting authority may impose requirements for the use of biosolids in addition to, or more stringent than, the requirements in these rules if necessary to protect the public health and the environment from any adverse effect of a pollutant in the biosolids.

(2) A person who land applies biosolids in the state from an out-of-state source shall demonstrate proof of payment of the annual biosolids fee and proof of payment of costs for unreasonable adverse effects on the environment or public health caused by the land application of biosolids from an out-of-state source.

(3) A local unit may enact, maintain, and enforce an ordinance that prohibits the land application of biosolids or a derivative if monitoring indicates a pollutant concentration in excess of that provided in table 1 of R 323.2409(5)(a) until subsequent monitoring indicates that pollutant concentrations do not exceed the concentration provided in table 1 of R 323.2409(5)(a).

(4) A local unit may enact an ordinance prescribing standards in addition to, or more stringent than, the standards contained in section 3132 of the act or in these rules under either or both of the following circumstances:

(a) The operation of a biosolids or derivative land application site within the local unit will result in unreasonable adverse effects on the environment or public health within the local unit. The determination that unreasonable adverse effects on the environment or public health will exist shall take into consideration specific populations whose health may be adversely affected within the local unit.

(b) The operation of a biosolids or derivative land application site within the local unit has resulted or will result in the local unit being in violation of other existing state laws or federal laws.

(5) Except as otherwise provided in section 3133 of the act, sections 3131 and 3132 of the act preempt a local ordinance, regulation, or resolution of a local unit that would duplicate, extend, revise, or conflict with section 3131 or 3132 of the act. Except as otherwise provided for in section 3133 of the act, a local unit shall not enact, maintain, or enforce an ordinance, regulation, or resolution that duplicates, extends, revises, or conflicts with section 3131 or 3132 of the act.

(6) The department may contract with a local unit to act as its agent for the purpose of enforcing sections 3131, 3132, and 3133 of the act. The department has the sole authority to assess fees. If a local unit is under contract with the department of environmental quality to act as its agent or if the local unit has received prior written authorization from the department, then the local unit may pass an ordinance that is identical to section 3132 of the act and these rules, except as prohibited in subrule (7) of this rule.

(7) An ordinance enacted under subrule (4) or (6) of this rule shall not conflict with existing state laws or federal laws. An ordinance enacted pursuant to subrule (4)(a) or (b) of this rule shall not be enforced by a local unit until approved or conditionally approved by the director of the department under subrule (8) of this rule. The local unit shall comply with any conditions of approval.

(8) If the legislative body of a local unit submits to the department a resolution identifying how the requirements of subrule (4)(a) or (b) of this rule are met, then the department shall hold a public meeting in the local unit within 60 days after the submission of the resolution to assist the department in determining whether the requirements of subrule (4)(a) or (b) of this rule are met. Within 45 days after the public meeting, the department shall issue a detailed opinion on whether the requirements of subrule (4)(a) or (b) of this rule are met as identified by the resolution of the local unit and shall approve, conditionally approve, or disapprove the ordinance accordingly. If the department fails to satisfy the requirements of this subrule, then the ordinance is considered to be approved.

**History**
- *History: 1999 AACS.*

##### **Mich. Admin. Code R 323.2405** Scope {#sec-r-323.2405 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2405}

Rule 2405. (1) This rule does not establish requirements for any of the following:

(a) The use or disposal of septage.

(b) The surface disposal of biosolids.

(c) The incineration of biosolids fired or co-fired in an incinerator, the incinerator in which biosolids are fired or co-fired, or the use or disposal of ash generated during the firing or co-firing of biosolids.

(d) Processes used to treat biosolids or processes used to treat biosolids before final use or disposal, except as provided in R 323.2414 and R 323.2415.

(e) The use or disposal of sludge generated at an industrial facility during the treatment of industrial wastewater, including sewage sludge generated during the treatment of industrial wastewater combined with domestic sewage.

(f) The use or disposal of sewage sludge determined to be hazardous in accordance with part 111 of the act.

(g) The use or disposal of sewage sludge that has a concentration of polychlorinated biphenyls (PCBs) equal to or greater than 50 milligrams per kilogram of total solids (dry weight basis).

(h) The use or disposal of grit, for example, sand, gravel, cinders, or other materials that have a high specific gravity or the use or disposal of screenings, for example, relatively large materials such as rags, generated during preliminary treatment of domestic sewage or sanitary sewage in a treatment works.

(i) The use or disposal of sludge generated during the treatment of either surface water or groundwater used for drinking water.

(2) This part does not require the selection of a biosolids use or disposal practice. The determination of the manner in which biosolids is used or disposed of is a local determination.

**History**
- *History: 1999 AACS.*

##### **Mich. Admin. Code R 323.2406** Sampling and analysis; adoption of standards by reference {#sec-r-323.2406 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2406}

Rule 2406. (1) A person shall collect and analyze representative samples of both biosolids that are applied to the land and soils that receive biosolids.

(2) All of the following publications are adopted by reference in these rules. The publications may be inspected at, and are available from, the Department of Environmental Quality, Surface Water Quality Division, Knapps Centre-Second Floor, 300 South Washington Square, P.O. Box 30273, Lansing, Michigan 48909-7773, or may be obtained from the standard producer or publisher at the following costs as of the time of adoption of these rules:

(a) For enteric viruses, ASTM standard D 4994-89 entitled "Standard Practice for Recovery of Viruses From Wastewater Sludges," 1992 annual book of ASTM standards, section 11, entitled "Water and Environmental Technology," American Society for Testing and Materials, 1916 Race Street, Philadelphia, PA 19103-1187. Price: $18.00.

(b) For fecal coliform, part 9221 E or part 9222 D of the publication entitled "Standard Methods for the Examination of Water and Wastewater," 18th edition, 1992, American Public Health Association, 1015 15th Street, NW, Washington, DC 20005. Price: $200.00.

(c) For Helminth ova, the publication entitled "Environmental Regulations and Technology - Control of Pathogens and Vector Attraction in Sewage Sludge, (Appendix I, Yanko, W.A., 1987)," 1992, EPA-625/R-92/013, United States Environmental Protection Agency, National Center for Environmental Publications and Information, 11029 Kenwood Road, Cincinnati, Ohio 45242. Price: $34.50. There is no charge for copies obtained from the Department of Environmental Quality, Surface Water Quality Division, Knapps Centre-Second Floor, 300 South Washington Square, P.O. Box 30273, Lansing, Michigan 48909-7773.

(d) For inorganic pollutants, the publication entitled "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA publication SW-846, second edition (1982) with updates I and II and third edition (1986) with revision I. The second edition, publication number 87-120-291, is available from National Technical Information Service, 5285 Port Royal Road, Springfield, Virginia 22161. Price: $239.00. The third edition, publication number 955-001-00000-1, is available from the Superintendent of Documents, United States Government Printing Office, Washington DC 20402, price: $319.00, or over the internet at http://www.epa.gov/epaoswer/hazwaste/test/main.htm.

(e) For salmonella sp. bacteria, part 9260 D of the publication entitled "Standard Methods for the Examination of Water and Wastewater," 18th edition, 1992, American Public Health Association, 1015 15th Street, NW, Washington, DC 20005, price: $200.00, or the publication entitled "Environmental Regulations and Technology - Control of Pathogens and Vector Attraction in Sewage Sludge, (Appendix G, Kenner, B.A. and Clark, J.,1974)," 1992, EPA-625/R-92/013, United States Environmental Protection Agency, National Center for Environmental Publications and Information, 11029 Kenwood Road, Cincinnati, Ohio 45242. Price: $34.50. There is no charge for copies obtained from the Department of Environmental Quality, Surface Water Quality Division, Knapps Centre- Second Floor, 300 South Washington Square, P.O. Box 30273, Lansing, Michigan 48909- 7773.

(f) For the specific oxygen uptake rate, part 2710 B of the publication entitled "Standard Methods for the Examination of Water and Wastewater," 18th edition, 1992, American Public Health Association, 1015 15th Street, NW, Washington, DC 20005. Price: $200.00.

(g) For total, fixed, and volatile solids, part 2540 G of the publication entitled "Standard Methods for the Examination of Water and Wastewater," 18th edition, 1992, American Public Health Association, 1015 15th Street, NW, Washington, DC 20005. Price: $200.00.

(h) For percent volatile solids reduction calculation, the publication entitled "Environmental Regulations and Technology - Control of Pathogens and Vector Attraction in Sewage Sludge," 1992 EPA-625/R-92/013, United States Environmental Protection Agency, National Center for Environmental Publications and Information, 11029 Kenwood Road, Cincinnati, Ohio 45242. Price: $34.50.

(i) Nutrient analysis of biosolids for the following parameters shall comply with the POTW sludge sampling and analysis guidance document, EPA 833-B-89-100, August 1989, unless alternative methods are approved by the department based upon an equivalency demonstration:

(i) Total nitrogen (TN) or total Kjeldahl nitrogen (TKN).

(ii) Ammonium nitrogen (NH4-N).

(iii) Nitrate nitrogen (NO3-N).

(iv) Total phosphorus (P).

(v)Total potassium (K).

(vi) Total solids (%).

The document may be purchased from the National Technical Information Service, 5285 Port Royal Road, Springfield, Virginia 22161, at a cost as of the time of adoption of these rules of $34.00. There is no charge for copies obtained from the Department of Environmental Quality, Surface Water Quality Division, Knapps Centre-Second Floor, 300 South Washington Square, P.O. Box 30273, Lansing, Michigan 48909-7773.All nutrients shall be reported in milligrams per kilogram dry weight.

(3) A person shall use the calculation procedures in the publications listed in subrule (2) of this rule to calculate the percent volatile solids reduction for biosolids. A person shall use the methods in the publications listed in subrule (2) of this rule or the United States environmental protection agency technical support document to analyze samples of biosolids.

(4) Soil fertility test procedures used to analyze soils for pH, lime requirement, and extractable phosphorus (P), potassium (K), calcium (Ca), and magnesium (Mg) shall comply with the procedures described in the publication entitled "Recommended Chemical Soil Test Procedures for the North Central Region." The procedures are adopted by reference in these rules and may be purchased by ordering publication number 221, January 1998, from the Agricultural Experiment Station SB 1001, University of Missouri, Columbia, MO 65211. Price: No cost. Copies may also be obtained at no cost from the Department of Environmental Quality, Surface Water Quality Division, Knapps Centre- Second Floor, 300 South Washington Square, P.O. Box 30273, Lansing, Michigan 48909- 7773.

(5) For soils, a Bray P1 (Bray and Kurtz P1) test or Mehlich 3 test for phosphorus (P) shall comply with the procedures described in the publication entitled "Recommended Chemical Soil Test Procedures for the North Central Region," as referenced in subrule (4) of this rule.

(6) Alternate methods for the procedures specified in subrules (4) and (5) of this rule may be used if approved by the department based upon an equivalency demonstration.

**History**
- *History: 1999 AACS.*

##### **Mich. Admin. Code R 323.2407** Applicability of R 323.2408(1) and (4) and R 323.2410(3), (4), and (6) {#sec-r-323.2407 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2407}

Rule 2407. (1) The requirements specified in R 323.2408(1) and (4) and the management practices required in R 323.2410(3), (4), and (6) do not apply when bulk biosolids or a bulk derivative is applied to the land if the bulk biosolids or bulk derivative meets the criteria for exceptional quality.

(2) The requirements specified in R 323.2408 and the management practices in R 323.2410 do not apply when non-bulk biosolids or a non-bulk derivative is sold or given away in a bag or other container for application to the land if biosolids or a derivative meets the criteria for exceptional quality.

(3) The department may apply any or all of the requirements specified in R 323.2408 and the management practices in R 323.2410 to biosolids or a derivative as specified in R 323.2407(1) and (2) on a case-by-case basis after determining that the general requirements or management practices are needed to protect the public health and the environment from any reasonably anticipated adverse effect that may occur from any pollutant in the biosolids.

**History**
- *History: 1999 AACS.*

##### **Mich. Admin. Code R 323.2408** Application of certain biosolids to certain areas prohibited; application of biosolids from more than 1 source or septage prohibited; applicators duty to obtain information; generator notification duty {#sec-r-323.2408 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2408}

Rule 2408. (1) A person shall not apply bulk biosolids subject to the cumulative pollutant loading rates specified in R 323.2409(5)(b) to agricultural land, a forest, a public contact site, or a reclamation site if any of the cumulative pollutant loading rates specified in R 323.2409(5)(b) have been reached.

(2) A person shall not knowingly apply biosolids from more than 1 source or septage to the same land application site within the same crop year.

(3) A person who applies biosolids to the land shall obtain information needed to comply with all of the following requirements:

(a) Before a person applies bulk biosolids subject to the cumulative pollutant loading rates in R 323.2409(5)(b) to the land, the person shall contact the state to determine whether bulk biosolids subject to the cumulative pollutant loading rates in R 323.2409(5)(b) have been applied to the site since July 20, 1993, except when the land has been owned by the generator since July 20, 1993, and the cumulative loading rate is known. The notification requirements in subrule (4) of this rule still apply.

(b) If bulk biosolids subject to the cumulative pollutant loading rates in R 323.2409(5)(b) have not been applied to the site since July 20, 1993, then a person may apply the cumulative amount for each pollutant listed in table 2 in R 323.2409(5)(b) to the site in accordance with R 323.2409(2)(a).

(c) If bulk biosolids subject to the cumulative pollutant loading rates in R 323.2409(5)(b) have been applied to the site since July 20, 1993, and if the cumulative amount of each pollutant applied to the site in the bulk biosolids since that date is known, then a person shall use the cumulative amount of each pollutant applied to the site to determine the additional amount of each pollutant that can be applied to the site in accordance with R 323.2409(2)(a).

(d) If bulk biosolids subject to the cumulative pollutant loading rates in R 323.2409(5)(b) have been applied to the site since July 20, 1993, and if the cumulative amount of each pollutant applied to the site in the bulk biosolids since that date is not known, then a person shall not apply an additional amount of each pollutant to the site in accordance with R 323.2409(2)(a).

(4) All of the following provisions apply to notification of land application activity:

(a) A generator or distributor shall provide written notification not less than 10 days before the initial land application activity at a site. A generator or distributor shall provide the notification to the surface water quality division district office, the county health department, and the city, village, or township clerk in the jurisdiction where land application sites are identified. The notification shall include a cover letter that sets forth all of the following information:

(i) The proposed land application activity.

(ii) The site location by latitude and longitude.

(iii) A plat map identifying the site.

(iv) The name and address of the property owner.

(v) The name and address of the farm operator if different than the owner.

(vi) A record of biosolids monitoring information on a standard form or an acceptable summary containing all of the following:

(A) The most current monitoring results for all of the following:

(1) Arsenic.

(2) Cadmium.

(3) Copper.

(4) Lead.

(5) Mercury.

(6) Molybdenum.

(7) Nickel.

(8) Selenium.

(9) Zinc.

(B) Applicable limitations.

(b) A generator or distributor shall promptly provide a copy of any record required to be created under these rules to the appropriate county health department and the city, village, or township clerk when biosolids subject to sections 3101, 3131, 3132, and 3133 of the act are applied to land in that local unit. The copy shall be delivered free of charge.

(c) A person who prepares bulk biosolids that are applied to agricultural land, a forest, a public contact site, or a reclamation site shall provide the person who applies the bulk biosolids with written notification of the concentration of the total nutrients, on a dry weight basis, in the bulk biosolids required to be monitored in R 323.2412(1).

(d) If a person who prepares bulk biosolids provides the bulk biosolids to a person who applies the bulk biosolids to the land, then the person who prepares the bulk biosolids shall provide the person who applies the biosolids notice and necessary information to comply with the requirements this part.

(e) If a person who prepares biosolids provides the biosolids to another person who prepares the biosolids, then the person who provides the biosolids shall provide the person who receives the biosolids notice and necessary information to comply with the requirements in this part.

(f) A person who applies bulk biosolids to the land shall provide the owner or leaseholder of the land on which the bulk biosolids are applied notice and necessary information to comply with the requirements in this part.

(g) A person who land applies bulk biosolids subject to the cumulative pollutant loading rates in R 323.2409(5)(b) shall provide written notice, before the initial application of bulk biosolids to a land application site by the applier, to the permitting authority for the state in which the bulk biosolids will be applied. The permitting authority shall retain, and provide access to, the notice. The notice shall include the following information:

(i) The location, by latitude and longitude, of the land application site.

(ii) The name, address, telephone number, and national pollutant discharge elimination system (NPDES) permit number, if appropriate, of the person who will apply the bulk biosolids.

**History**
- *History: 1999 AACS.*

##### **Mich. Admin. Code R 323.2409** Application of limitations {#sec-r-323.2409 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2409}

Rule 2409. (1) A person shall not apply bulk biosolids or biosolids sold or given away in a bag or other container to the land if the concentration of any pollutant in the biosolids exceeds the ceiling concentration for the pollutant in table 1 of this rule.

(2) If bulk biosolids are applied to agricultural land, a forest, a public contact site, or a reclamation site, then the applicator shall comply with either of the following provisions:

(a) The cumulative loading rate for each pollutant shall not exceed the cumulative pollutant-loading rate for the pollutant in table 2 of this rule.

(b) The concentration of each pollutant in the biosolids shall not exceed the concentration for the pollutant in table 3 of this rule.

(3) If bulk biosolids are applied to a lawn or a home garden, then the concentration of each pollutant in the biosolids shall not exceed the concentration for the pollutant in table 3 of this rule.

(4) If biosolids are sold or given away in a bag or other container for application to the land, then the distributor shall comply with either of the following provisions:

(a) The concentration of each pollutant in the biosolids shall not exceed the concentration for the pollutant in table 3 of this rule.

(b) The product of the concentration of each pollutant in the biosolids and the annual whole biosolids application rate for the biosolids shall not cause the annual pollutantloading rate for the pollutant in table 4 of this rule to be exceeded. The procedure used to determine the annual whole biosolids application rate is specified in R 323.2417.

(5) The following tables specify pollutant concentrations, loading rates, and nutrient parameters:

(a) TABLE 1 -- Ceiling Pollutant Concentrations Pollutant Ceiling Concentration milligrams per kilogram (on a dry weight basis)

Arsenic 75 Cadmium 85 Copper4300 Lead840 Mercury57 Molybdenum75 Nickel420 Selenium100 Zinc7500 (b) TABLE 2 -- Cumulative Pollutant Loading Rates PollutantCumulative Pollutant Loading Rate Kilograms per hectare (kg/ha)

Pounds per acre (lbs/ac)

Arsenic 4137 Cadmium3935 Copper15001335 Lead300267 Mercury1715 Nickel420374 Selenium10089 Zinc28002492 (c) TABLE 3 -- Pollutant Concentrations Pollutant Concentration milligrams per kilogram (on a dry weight basis)

Arsenic41 Cadmium39 Copper1500 Lead300 Mercury17 Nickel420 Selenium100 Zinc2800 (d) TABLE 4 -- Annual Pollutant Loading Rates Pollutant Annual Pollutant Loading Rates kilograms per hectare (kg/ha) pounds per acre (lbs/ac)

Arsenic2.01.8 Cadmium 1.91.7 Copper7567 Lead1513 Mercury0.850.76 Nickel 2119 Selenium 5.04.5 Zinc 140125 per 365-day period.

**History**
- *History: 1999 AACS.*

##### **Mich. Admin. Code R 323.2410** Management practices {#sec-r-323.2410 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2410}

Rule 2410. (1) A person shall not apply bulk biosolids to the land if it is likely to adversely affect a threatened or endangered species listed under section 36503 of the act or its designated critical habitat.

(2) A person shall not apply bulk biosolids to agricultural land, a forest, a public contact site, or a reclamation site that is flooded, saturated with water, frozen, or snow-covered so that the bulk biosolids enter a wetland or other waters of the state.

(3) A person may subsurface inject bulk biosolids on frozen or snow-covered ground as long as there is substantial soil coverage of the applied biosolids. A person shall not surface apply bulk biosolids, other than exceptional quality biosolids, on frozen or snow-covered ground, unless otherwise approved by the department.

(4) A person shall not apply bulk biosolids on lands having a slope of more than 6% for surface application or more than 12% for subsurface injected biosolids, unless the person uses the bulk biosolids in accordance with a department-approved site management plan.

(5) A person shall apply bulk biosolids to agricultural land, a forest, a public contact site, or a reclamation site at an application rate that is equal to, or less than, the agronomic rate, unless the person that applies bulk biosolids in accordance with a department-approved site management plan.

(6) A generator or distributor shall affix a label to the bag or other container in which biosolids are sold or given away for application to the land or the generator or distributor shall provide an information sheet to the person who receives biosolids sold or given away in another container for application to the land. The label or information sheet shall contain all of the following information:

(a) The name and address of the person who prepared the biosolids that are sold or given away in a bag or other container for application to the land.

(b) A statement that the application of the biosolids to the land is prohibited unless applied according to the instructions on the label or information sheet.

(c) The annual whole biosolids application rate for biosolids that do not cause any of the annual pollutant loading rates in table 4 of R 323.2409(5)(d) to be exceeded.

(7) A person that applies biosolids shall perform soil fertility tests on soils sampled from each application site before initial biosolids application. The person shall resample and test on a regular basis so that the last soil fertility test is not more than 2 years old at the time of the next biosolids application.

(8) For agricultural land, a person shall apply biosolids in accordance with agronomic rates. If the Bray P1 soil test level exceeds 300 pounds (P) per acre (150 ppm), or if the Mehlich 3 soil test level exceeds 340 pounds (P) per acre (170 ppm) in site soils, then the person shall not apply biosolids until the soil P test level decreases to less than 1 of these values.

(9) For silvicultural land, such as forestland and tree farms, a person shall base the agronomic rate for silvicultural land on the quantity of plant-available nitrogen (PAN) that growing trees will take up annually. A person may reapply biosolids at rates that will provide PAN additions up to a maximum of 5 years, using the annual PAN additions listed in table 5 to calculate total PAN additions for 1 year up to a 5-year maximum for the particular tree species and age of the stand receiving biosolids. A person may reapply biosolids after the time interval selected for the previous application expires, as long as the trees are still growing. If the Bray P1 soil test level exceeds 200 pounds (P) per acre (100 ppm) or the Mehlich 3 soil test level exceeds 220 pounds (P) per acre (110ppm), then a person shall not apply biosolids until the soil P test level decreases to less than 1 of these values.

(10) The rates for wastewater biosolids application in Michigan forests (Brockway, 1988) are as follows:

TABLE 5

PAN Applied from Biosolids1 Forest Type Age of Tree Stand in Years Annual Use Total Used in 5 Years Aspen0 to 550250 Aspen6 to 20100500 AspenOver 2050250 Northern Hardwoods0 to 1040200 Northern Hardwoods11 to 3080400 Northern HardwoodsOver 2040200 Oak-Hickory0 to 1050250 Oak-Hickory11 to 30100500 Oak-HickoryOver 3050250 Elm-Ash-Cottonwood0 to 550250 Elm-Ash-Cottonwood6 to 20100500 Elm-Ash-CottonwoodOver 2050250 Scrub oak0 to 2020100 Scrub oakOver 2040200 Red, White, Jack Pine0 to 1050250 Red, White, Jack Pine11 to 3040200 Red, White, Jack PineOver 3020100 Spruce Fir0 to 1040200 Spruce Fir11 to 3030150 Spruce FirOver 3020100 Northern White-cedar0 to 2040200 Northern White-cedarOver 2020100 1 PAN = Plant-available nitrogen, or the amount of nitrogen that will be available for trees to utilize (pounds per acre per year).

(11) The following isolation distances shall be observed when land applying bulk biosolids:

TABLE 6

Isolation Distance Requirements Isolation from existing:

Distance (feet)

Injection or Surface application with incorporation* Surface application without incorporation Municipal well (type I or type IIA) ** 2000 2000 Noncommunity public Water supply (type IIB or type III) 800 800 Domestic well100150 Homes100150 Commercial Buildings100150 Surface waters***50150 * Incorporation must be within 48 hours, unless a shorter time period is specified in these rules. ** As defined and specified in Act No. 399 of the Public Acts of 1976, as amended, being §325.1001 et seq. of the Michigan Compiled Laws, and known as the safe drinking water act. As specified in Act No. 399 of the Public Acts of 1976, as amended, the term includes water supplies such as schools, restaurants, industries, campgrounds, parks, and hotels. *** Surface waters do not include grassed drainage ways or drainage ways that are tilled and planted.

(12) A person shall apply biosolids in a manner that would maintain, at a minimum, a 30inch separation distance between the soil surface and the groundwater at the time of biosolids application.

**History**
- *History: 1999 AACS.*

##### **Mich. Admin. Code R 323.2411** Operational standards; pathogens and vector attraction reduction {#sec-r-323.2411 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2411}

Rule 2411. (1) All of the following provisions apply to pathogens:

(a) A person shall meet the class A pathogen requirements in R 323.2414(2)(a) or the class B pathogen requirements and site restrictions in R 323.2414(3)(a) when bulk biosolids are applied to agricultural land, a forest, a public contact site, or a reclamation site.

(b) A person shall meet the class A pathogen requirements in R 323.2414(2)(a) when bulk biosolids are applied to a lawn or a home garden.a.A person shall meet the class A pathogen requirements in R 323.2414(2)(a) when biosolids are sold or given away in a bag or other container for application to the land.

(2) All of the following provisions apply to vector attraction:

A person shall meet 1 of the vector attraction reduction requirements in R 323.2415(4)(a) through (h) or the vector attraction reduction requirements in R 323.2415(4)(i) or (j) when bulk biosolids are applied to agricultural land, a forest, a public contact site, or a reclamation site. A person shall meet 1 of the vector attraction reduction requirements in R 323.2415(4)(a) through (h) when bulk biosolids are applied to a lawn or a home garden.

A person shall meet 1 of the vector attraction reduction requirements in R 323.2415(4)(a) through (h) when biosolids are sold or given away in a bag or other container for application to the land.

**History**
- *History: 1999 AACS.*

##### **Mich. Admin. Code R 323.2412** Frequency of monitoring {#sec-r-323.2412 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2412}

Rule 2412. (1) A person shall comply with the frequency of monitoring for all of the following as specified in table 7:

(a) Total nitrogen (TN) or total Kjeldahl nitrogen (TKN).

(b) Ammonium nitrogen (NH4-N).

(d) Total phosphorus (P).

(e) Total potassium (K).

(f) Total solids.

(g) Arsenic.

(h) Cadmium.

(i) Copper.

(j) Lead.

(k) Mercury.

(l) Molybdenum.

(m) Nickel.

(n) Selenium.

(o) Zinc.

The pathogen density requirements in R 323.2414(2)(a) and in R 323.2414(3)(c).

(q) The vector attraction reduction requirements in R 323.2415(4)(a) through (d) and R 323.2415(4)(f) through (h).

(2) Table 7 reads as follows:

TABLE 7 -- Frequency of Monitoring - Land Application Amount of Biosolids Produced (per 365-day period)

English Dry TonsMetric Dry TonsFrequency Greater than zero, But less than 320 Greater than zero, but less than 290 Once per year Equal to or greater than 320, but Less than 1,650 Equal to or greater than 290, but less than 1,500 Once per quarter (4 times per year)

Equal to or greater than 1,650, but Less than 16,500 Equal to or greater than 1,500, but less than 15,000 Once per 60 days (6 times per year)

Equal to or greater than 16,500 Equal to or greater than 15,000 Once per month (12 times per year)

(3) After the biosolids have been monitored for 2 years at the frequency in table 7 of this rule, the permitting authority may reduce the frequency of monitoring for pollutant concentrations and for the pathogen density requirements in R 323.2414(2)(e)(ii) and (iii), but the frequency of monitoring shall be not less than once per year when biosolids are applied to the land.

(4) If biosolids are accumulated before removal, the monitoring frequency, at a minimum, is that specified in this rule. If monitoring of biosolids or a derivative indicates a pollutant concentration in excess of that provided in table 3 of R 323.2409(5)(c), then the monitoring frequency shall be increased to not less than twice that provided for in table 7 until pollutant concentrations are at or below the concentrations provided in table 3 of R 323.2409(5)(c).

In the case of biosolids accumulating for periods of more than 1 year, biosolids must be monitored at the frequency determined in table 7 only in the year the biosolids are used.

For a generator who removes biosolids monthly or more frequently, monitoring is required at least once per month each month that the biosolids are removed, unless more frequent monitoring is required in subrule(1) of this rule.

**History**
- *History: 1999 AACS.*

##### **Mich. Admin. Code R 323.2413** Recordkeeping {#sec-r-323.2413 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2413}

Rule 2413. (1) A generator shall keep records for a minimum of 5 years unless a longer period is specified by the permitting authority.

(2) A person who generates bulk biosolids or bulk derivatives, including a generator from out of state, shall keep all of the following records and make the records available for inspection and copying:

(a) Site information of each application site, which includes all of the following information:

(i) A plat map.

(ii) A soil survey map, if available.

(iii) The name and address of the property owner and farm operator if different than the owner.

(iv) The latitude and longitude.

(b) Written consent to apply biosolids from the property owner and farm operator if different than the property owner.

(c) A written agreement between the generator and the farmer not to apply biosolids from other sources or septage to a listed land application site. Biosolids from other sources may be land-applied to a site only after that site is relinquished in writing to another generating facility.

(d) Biosolids analysis parameters listed in table 1 of R 323.2409(5)(a) at the frequency of analysis stated in table 7 of R 323.2412.

(e) Soil fertility test results for each site.

(f) For each biosolids-applied site, a summary of the application activity shall include all of the following information:

(i) Site identification.

(ii) Biosolids analysis.

(iii) Total acres in the site.

(iv) Acres used.

(v) Application rate in dry tons per acre.

(vi) Each nutrient required to be monitored in R 323.2412 in pounds per acre.

(vii) Each pollutant listed in table 3 of R 323.2409(5)(c), in pounds per acre, if the site has received biosolids that exceed the concentrations specified in table 3 of R 323.2409(5)(c).

(g) The information in R 323.2408(4)(g) before applying biosolids to the land that exceed the concentrations specified in table 3 of R 323.2409(5)(c). If biosolids that exceed table 3 pollutant concentrations for any pollutant have been applied, then the generator shall keep records documenting the cumulative loading for the life of the site.

An annual summary, including all of the following information:

(i) Biosolids volume generated.

(ii) Total dry tons applied to the land or distributed.

(iii) Total dry tons disposed of by other methods.

(iv) Total acres used.

Sites that received biosolids application subject to table 2 of R 323.2409(5)(b).

(i) A person who generates biosolids shall provide all application rate information from the monitoring of pollutant concentrations specified in R 323.2409(5)(c) and nutrients specified in R 323.2412 and agronomic information specified in R 323.2410(7) to the property owner or farm operator, or both, upon completion of any biosolids activity on a site.

(j) All certification statements relating to management practices, pathogen reduction, and vector attraction.

(k) The information specified in subrule 7(b) of this rule, on October 30 of each year when 90% or more of any of the cumulative pollutant loading rates in table 2 of R 323.2409(5)(b) is reached at a site.

(3) A person who prepares biosolids subject to these rules shall develop the following information and shall retain the information for 5 years, unless a longer period is specified:

(a) The annual average, annual minimum, and annual maximum concentration of each pollutant in the biosolids listed in table 3 of R 323.2409(5)(c).

(b) The following certification statement:

"I certify, under penalty of law, that information that will be used to determine compliance with the class A pathogen requirements in R 323.2414(2) and the vector attraction reduction requirement in [insert 1 of the vector attraction reduction requirements in R 323.2415(4)(a) to (h)] has been prepared under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate the information. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment."

(d) A description of how 1 of the vector attraction reduction requirements in R 323.2415(4)(a) to (h) is met.

(4) A person who derives a material subject to these rules shall develop the following information and shall retain the information for 5 years:

(a) The annual average, annual minimum, and annual maximum concentration of each pollutant in the material listed in table 3 of R 323.2409(5)(c).

(b) The following certification statement:

(d) A description of how 1 of the vector attraction reduction requirements in R 323.2415(4)(a) to (h) is met.

(5) If the pollutant concentrations in R 323.2409(5)(c), the class A pathogen requirements in R 323.2414(2), and the vector attraction reduction requirements in R 323.2415(4)(i) or (j) are met when bulk biosolids are applied to agricultural land, a forest, a public contact site, or a reclamation site, then both of the following provisions shall be complied with:

(a) The person who prepares the bulk biosolids shall develop all of the following information and shall retain the information for 5 years:

(i) A concentration of each pollutant in the bulk biosolids listed in R 323.2409(5)(c), table 3.

(ii) The following certification statement:

"I certify, under penalty of law, that information that will be used to determine compliance with the pathogen requirements in R 323.2414(2) has been prepared under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate the information. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment."

(iii) A description of how the pathogen requirements in R 323.2414(2) are met.

(b) The person who applies the bulk biosolids shall develop all of the following information and shall retain the information for 5 years:

(i) The following certification statement:

"I certify, under penalty of law, that the information that will be used to determine compliance with the management practices in R 323.2410 and the vector attraction reduction requirement in [insert R 323.2415(4)(i) or (j)] has been prepared under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate the information. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment."

(ii) A description of how the management practices in R 323.2410 are met for each site on which bulk biosolids are applied.

(iii) A description of how the vector attraction reduction requirements in either R 323.2415(4)(i) or (j) are met for each site on which bulk biosolids are applied.

(6) If the pollutant concentrations in R 323.2409(5)(c) and the class B pathogen requirements in R 323.2414(3) are met when bulk biosolids are applied to agricultural land, a forest, a public contact site, or a reclamation site, then both of the following provisions shall be complied with:

(a) The person who prepares the bulk biosolids shall develop the following information and shall retain the information for 5 years:

(i) The annual average, annual minimum, and annual maximum concentration of each pollutant in the bulk biosolids listed in table 3 of R 323.2409(5)(c).

(ii) The following certification statement:

"I certify under, penalty of law, that the information that will be used to determine compliance with the class B pathogen requirements in R 323.2414(3) and the vector attraction reduction requirement in [insert 1 of the vector attraction reduction requirements in R 323.2415(4)(a) to (h) if one of those requirements is met] has been prepared under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate the information. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment."

(iii) A description of how the class B pathogen requirements in R 323.2414(3)(f) are met.

(iv) When 1 of the vector attraction reduction requirements in R 323.2415(4)(a) to (h) is met, a description of how the vector attraction reduction requirement is met.

(b) The person who applies the bulk biosolids shall develop all of the following information and shall retain the information for 5 years:

(i) The following certification statement:

"I certify, under penalty of law, that the information that will be used to determine compliance with the management practices in R 323.2410, the site restrictions in R 323.2414(3)(f), and the vector attraction reduction requirements in [insert either R 323.2415(4)(i) or (j), if one of the requirements is met] has been prepared for each site on which bulk biosolids are applied under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate the information. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment."

(ii) A description of how the management practices in R 323.2410 are met for each site on which bulk biosolids are applied.

(iii) A description of how the site restrictions in R 323.2414(3)(f) are met for each site on which bulk biosolids are applied.

(iv) When the vector attraction reduction requirement in R 323.2415(4)(i) or (j) is met, a description of how the vector attraction reduction requirement is met.

(v) The date bulk biosolids are applied to each site.

(7) If the requirements in R 323.2409(2)(a) are met when bulk biosolids are applied to agricultural land, a forest, a public contact site, or a reclamation site, then both of the following provisions shall be complied with:

(a) The person who prepares the bulk biosolids shall develop all of the following information and shall retain the information for 5 years:

(i) The annual average, annual minimum, and annual maximum concentration of each pollutant listed in table 1 of R 323.2409(5)(a) in the bulk biosolids.

(ii) The following certification statement:

"I certify, under penalty of law, that the information that will be used to determine compliance with the pathogen requirements in [insert either R 323.2414(2) or (3)] and the vector attraction reduction requirement in [insert 1 of the vector attraction reduction requirements in R 323.2415(4)(a) to (h) if one of the requirements is met] has been prepared under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate the information. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment."

(iii) A description of how the pathogen requirements in R 323.2414(2) or (3) are met.

(iv) When 1 of the vector attraction requirements in R 323.2415(4)(a) to (h) is met, a description of how the vector attraction requirement is met.

(b) The person who applies the bulk biosolids shall develop all of the following information, retain the information in paragraphs (i) to (vii) of this subdivision indefinitely, and retain the information in paragraphs (viii) to (xiii) of this subdivision for 5 years:

(i) The location, by latitude and longitude, of each site on which bulk biosolids are applied.

(ii) The number of hectares in each site on which bulk biosolids are applied.

(iii) The date bulk biosolids are applied to each site.

(iv) The cumulative amount of each pollutant listed in table 2 of R 323.2409(5)(b) in the bulk biosolids applied to each site, including the amount in R 323.2408(3)(b).

(v) The amount of biosolids applied to each site.

(vi) The following certification statement:

"I certify, under penalty of law, that the information that will be used to determine compliance with the requirements to obtain information in R 323.2408(3)(a) has been prepared for each site on which bulk biosolids are applied under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate the information. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment."

(vii) A description of how the requirements to obtain information in R 323.2408(3)(a) are met.

(viii) The following certification statement:

"I certify, under penalty of law, that the information that will be used to determine compliance with the management practices in R 323.2410 have been prepared for each site on which bulk biosolids are applied under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate the information. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment."

(ix) A description of how the management practices in R 323.2410 are met for each site on which bulk biosolids are applied.

(x) The following certification statement when the bulk biosolids meet the class B pathogen requirements in R 323.2414(3):

"I certify, under penalty of law, that the information that will be used to determine compliance with the site restrictions in R 323.2414(3)(f) has been prepared under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate the information. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment."

(xi) A description of how the site restrictions in R 323.2414(3)(f) are met for each site on which class B bulk biosolids are applied.

(xii) The following certification statement when the vector attraction reduction requirement in R 323.2415(4)(i) or (j) is met:

"I certify, under penalty of law, that the information that will be used to determine compliance with the vector attraction reduction requirement in [insert either R 323.2415(4)(i) or (j)] has been prepared under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate the information. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment."

(xiii) If the vector attraction reduction requirements in R 323.2415(4)(i) or (j) are met, a description of how the requirements are met.

(8) If the requirements in R 323.2409(4)(b) are met when biosolids are sold or given away in a bag or other container for application to the land, then the person who prepares the biosolids that are sold or given away in a bag or other container shall develop all of the following information and shall retain the information for 5 years:

(a) The annual whole biosolids application rate for the biosolids that do not cause the annual pollutant loading rates in table 4 of R 323.2409(5)(d) to be exceeded.

The concentration of each pollutant in the biosolids listed in table 4 of R 323.2409(5)(d).

"I certify, under penalty of law, that the information that will be used to determine compliance with the management practice in R 323.2410(7), the class A pathogen requirement in R 323.2414(2), and the vector attraction reduction requirement in [insert 1 of the vector attraction reduction requirements in R 323.2415(4)(a) to (h)] has been prepared under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate the information. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment."

(d) A description of how the class A pathogen requirements in R 323.2414(2) are met.

A description of how 1 of the vector attraction requirements in R 323.2415(4)(a) to (h) is met.

**History**
- *History: 1999 AACS.*

##### **Mich. Admin. Code R 323.2414** Pathogens {#sec-r-323.2414 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2414}

Rule 2414. (1) This rule contains both of the following:

(a) The requirements for biosolids to be classified either class A or class B with respect to pathogens.

(b) The site restrictions for land on which a class B biosolid is applied.

(2) All of the following requirements apply to class A biosolids:

(a) The requirement in subdivision (b) of this subrule and the requirements in subdivision (c), (d), (e), (f), or (g) of this subrule shall be met for biosolids to be classified class A with respect to pathogens.

(b) The class A pathogen requirements in subdivisions (c) to (g) of this subrule shall be met either before meeting the vector attraction reduction requirements in R 323.2415 or at the same time that the vector attraction reduction requirements in R 323.2415 are met, except when the vector attraction reduction requirements in R 323.2415(4)(f) to (h) are met.

(i) Either the density of fecal coliform in the biosolids shall be less than 1000 most probable number per gram of total solids (dry weight basis) or the density of salmonella sp. bacteria in the biosolids shall be less than 3 most probable number per 4 grams of total solids (dry weight basis) at the time the biosolids are used, at the time the biosolids are prepared for sale or given away in a bag or other container for application to the land, or at the time the biosolids or material derived from biosolids is prepared to meet the requirements in R 323.2407(1) or (2).

(ii) The temperature of the biosolids that are used shall be maintained at a specific value for a period of time as follows:

(A) If the percent solids of the biosolids is 7% or higher, then the temperature of the biosolids shall be 50 degrees Celsius or higher; the time period shall be 20 minutes or longer; and the temperature and time period shall be determined using equation (3), except when small particles of biosolids are heated by either warmed gases or an immiscible liquid. equation (3) D = 131,700,000 0.1400t Where, D = time in days. t = temperature in degrees Celsius.

(B) If the percent solids of the biosolids is 7% or higher and small particles of biosolids are heated by either warmed gases or an immiscible liquid, then the temperature of the biosolids shall be 50 degrees Celsius or higher; the time period shall be 15 seconds or longer; and the temperature and time period shall be determined using equation (3).

(C) If the percent solids of the biosolids is less than 7% and the time period is at least 15 seconds, but less than 30 minutes, then the temperature and time period shall be determined using equation (3).

(D) If the percent solids of the biosolids is less than 7%; the temperature of the biosolids is 50 degrees Celsius or higher; and the time period is 30 minutes or longer, then the temperature and time period shall be determined using equation (4). equation (4) D = 50,070,000 0.1400t Where, D = time in days. t = temperature in degrees Celsius.

(d) Both of the following provisions apply to class A alternative 2:

(i) Either the density of fecal coliform in the biosolids shall be less than 1000 most probable number per gram of total solids (dry weight basis) or the density of salmonella sp. bacteria in the biosolids shall be less than 3 most probable number per 4 grams of total solids (dry weight basis) at the time the biosolids is used, at the time the biosolids are prepared for sale or given away in a bag or other container for application to the land, or at the time the biosolids or material derived from biosolids are prepared to meet the requirements in R 323.2407(1) or (2).

(ii) The pH of the biosolids that are used or disposed of shall be raised to above 12 and shall remain above 12 for 72 hours. The temperature of the biosolids shall be above 52 degrees Celsius for 12 hours or longer during the period that the pH of the biosolids is above 12. At the end of the 72-hour period that the pH of the biosolids is above 12, the biosolids shall be air-dried to achieve a percent solids in the biosolids of more than 50%.

(e) All of the following provisions apply to class A alternative 3:

(i) Either the density of fecal coliform in the biosolids shall be less than 1000 most probable number per gram of total solids (dry weight basis) or the density of salmonella sp. bacteria in biosolids shall be less than 3 most probable number per 4 grams of total solids (dry weight basis) at the time the biosolids are used or disposed of, at the time the biosolids are prepared for sale or given away in a bag or other container for application to the land, or at the time the biosolids or material derived from biosolids is prepared to meet the requirements in R 323.2407(1) or (2).

(ii) All of the following provisions apply to biosolids analysis for enteric viruses:

(A) The biosolids shall be analyzed before pathogen treatment to determine whether the biosolids contain enteric viruses.

(B) If the density of enteric viruses in the biosolids before pathogen treatment is less than 1 plaque-forming unit per 4 grams of total solids (dry weight basis), then the biosolids are class A with respect to enteric viruses until the next monitoring episode for the biosolids.

(C) If the density of enteric viruses in the biosolids before pathogen treatment is equal to or greater than 1 plaque-forming unit per 4 grams of total solids (dry weight basis), then the biosolids are class A with respect to enteric viruses if the density of enteric viruses in the biosolids after pathogen treatment is less than 1 plaque-forming unit per 4 grams of total solids (dry weight basis) and if the values or ranges of values for the operating parameters for the pathogen treatment process that produces the biosolids that meets the enteric virus density requirement are documented.

(D) After the enteric virus reduction in subparagraph (C) of this paragraph is demonstrated for the pathogen treatment process, the biosolids continue to be class A with respect to enteric viruses if the values for the pathogen treatment process operating parameters are consistent with the values or ranges of values documented in subparagraph(C) of this paragraph.

(iii) All of the following provisions apply to biosolids analysis for viable helminth ova:

(A) The biosolids shall be analyzed before pathogen treatment to determine whether the biosolids contain viable helminth ova.

(B) If the density of viable helminth ova in the biosolids before pathogen treatment is less than 1 per 4 grams of total solids (dry weight basis), then the biosolids are class A with respect to viable helminth ova until the next monitoring episode for the biosolids.

(C) If the density of viable helminth ova in the biosolids before pathogen treatment is equal to or greater than 1 per 4 grams of total solids (dry weight basis), then the biosolids are class A with respect to viable helminth ova if the density of viable helminth ova in the biosolids after pathogen treatment is less than 1 per 4 grams of total solids (dry weight basis) and if the values or ranges of values for the operating parameters for the pathogen treatment process that produces the biosolids that meet the viable helminth ova density requirement are documented.

(D) After the viable helminth ova reduction in subparagraph (C) of this paragraph is demonstrated for the pathogen treatment process, the biosolids continue to be class A with respect to viable helminth ova if the values for the pathogen treatment process operating parameters are consistent with the values or ranges of values documented in subparagraph (C) of this paragraph.

(f) All of the following provisions apply to class A alternative 4:

(i) Either the density of fecal coliform in the biosolids shall be less than 1000 most probable number per gram of total solids (dry weight basis) or the density of salmonella sp. bacteria in the biosolids shall be less than 3 most probable number per 4 grams of total solids (dry weight basis) at the time the biosolids are used or disposed of, at the time the biosolids are prepared for sale or given away in a bag or other container for application to the land, or at the time the biosolids or material derived from biosolids is prepared to meet the requirements in R 323.2407(1) or (2).

(ii) The density of enteric viruses in the biosolids shall be less than 1 plaque-forming unit per 4 grams of total solids (dry weight basis) at the time the biosolids are used or disposed of, at the time the biosolids are prepared for sale or given away in a bag or other container for application to the land, or at the time the biosolids or material derived from biosolids is prepared to meet the requirements in R 323.2407(1) or (2), unless otherwise specified by the permitting authority.

(iii) The density of viable helminth ova in the biosolids shall be less than 1 per 4 grams of total solids (dry weight basis) at the time the biosolids are used or disposed of, at the time the biosolids are prepared for sale or given away in a bag or other container for application to the land, or at the time the biosolids or material derived from biosolids is prepared to meet the requirements in R 323.2407(1) or (2), unless otherwise specified by the permitting authority.

(g) Both of the following provisions apply to class A alternative 5:

(i) Either the density of fecal coliform in the biosolids shall be less than 1000 most probable number per gram of total solids (dry weight basis) or the density of salmonella, sp. bacteria in the biosolids shall be less than 3 most probable number per 4 grams of total solids (dry weight basis) at the time the biosolids are used or disposed of, at the time the biosolids is prepared for sale or given away in a bag or other container for application to the land, or at the time the biosolids or material derived from biosolids is prepared to meet the requirements in R 323.2407(1) or (2).

(ii) Biosolids that are used or disposed of shall be treated in 1 of the processes to further reduce pathogens described in R 323.2418(2).

(h) Both of the following provisions apply to class A alternative 6:

(i) Either the density of fecal coliform in the biosolids shall be less than 1000 most probable number per gram of total solids (dry weight basis) or the density of salmonella, sp. bacteria in the biosolids shall be less than 3 most probable number per 4 grams of total solids (dry weight basis) at the time the biosolids are used or disposed of, at the time the biosolids are prepared for sale or given away in a bag or other container for application to the land, or at the time the biosolids or material derived from biosolids is prepared to meet the requirements in R 323.2407(1) or (2).

(ii) Biosolids that are used or disposed of shall be treated in a process that is equivalent to a process to further reduce pathogens, as determined by the permitting authority.

(3) All of the following provisions apply to class B biosolids:

(a) The requirements in subdivision (c), (d), or (e) of this subrule shall be met for biosolids to be classified class B with respect to pathogens.

(b) The site restrictions in subdivision (f) of this subrule shall be met if biosolids that meet the class B pathogen requirements in subdivision (c), (d), or (e) of this subrule are applied to the land.

(i) Seven representative samples of the biosolids that are used shall be collected.

(ii) The geometric mean of the density of fecal coliform in the samples collected in subdivision (c)(i) of this subrule shall be less than either 2,000,000 most probable number per gram of total solids (dry weight basis) or 2,000,000 colony-forming units per gram of total solids (dry weight basis).

(d) With respect to class B alternative 2, biosolids that are used or disposed of shall be treated in 1 of the processes to significantly reduce pathogens described in R 323.2418(1).

(e) With respect to class B alternative 3, biosolids that are used or disposed of shall be treated in a process that is equivalent to a process to significantly reduce pathogens, as determined by the permitting authority.

(f) All of the following provisions apply to site restrictions:

(i) A landowner shall not harvest food crops that have harvested parts which touch the biosolids/soil mixture and which are totally above the land surface for 14 months after biosolids are applied.

(ii) A landowner shall not harvest food crops that have harvested parts below the surface of the land for 20 months after biosolids are applied if the biosolids remain on the land surface for 4 months or longer before incorporation into the soil.

(iii) A landowner shall not harvest food crops that have harvested parts below the surface of the land for 38 months after biosolids are applied if the biosolids remain on the land surface for less than 4 months before incorporation into the soil.

(iv) A landowner shall not harvest food crops, feed crops, and fiber crops for 30 days after biosolids are applied.

(v) A landowner shall not graze animals on the land for 30 days after biosolids are applied.

(vi) A land owner shall not harvest turf grown on land where biosolids are applied for 1 year after biosolids are applied if the harvested turf is placed on either land that has a high potential for public exposure or a lawn, unless otherwise specified by the permitting authority.

(vii) A landowner shall restrict public access to land that has a high potential for public exposure for 1 year after biosolids are applied.

(viii) A landowner shall restrict public access to land with a low potential for public exposure for 30 days after biosolids are applied.

**History**
- *History: 1999 AACS.*

##### **Mich. Admin. Code R 323.2415** Vector attraction reduction {#sec-r-323.2415 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2415}

Rule 2415. (1) A person who prepares bulk biosolids for application to agricultural land, a forest, a public contact site, or a reclamation site shall meet 1 of the vector attraction reduction requirements in subrule (4)(a) to (h) of this rule or shall meet the vector attraction reduction requirements of subrule (4)(i) or (j) of this rule.

(2) A person who prepares bulk biosolids for application to a lawn or a home garden shall meet 1 of the vector attraction reduction requirements in subrule (4)(a) to (h) of this rule.

(3) A person who prepares bulk biosolids that is sold or given away in a bag or other container for application to the land shall meet 1 of the vector attraction reduction requirements in subrule (4)(a) to (h) of this rule.

(4) All of the following provisions apply to vector attraction reduction processes:

(a) A generator shall reduce the mass of volatile solids in the biosolids by a minimum of 38%.

(b) If the 38% volatile solids reduction requirement in subdivision (a) of this subrule cannot be met for an anaerobically digested biosolids, then a generator may demonstrate vector attraction reduction by digesting a portion of the previously digested biosolids anaerobically in the laboratory in a bench-scale unit for 40 additional days at a temperature between 30 and 37 degrees Celsius. When, at the end of the 40 days, the volatile solids in the biosolids at the beginning of the 40-day period are reduced by less than 17%, vector attraction reduction is achieved.

(c) If the 38% volatile solids reduction requirement in subdivision (a) of this subrule cannot be met for aerobically digested biosolids, then a generator may demonstrate vector attraction reduction by digesting a portion of the previously digested biosolids that have a percent solids of 2% or less aerobically in the laboratory in a bench-scale unit for 30 additional days at 20 degrees Celsius. When, at the end of the 30 days, the volatile solids in the biosolids at the beginning of the 30-day period is reduced by less than 15%, vector attraction reduction is achieved.

(d) A generator shall ensure that the specific oxygen uptake rate (SOUR) for biosolids treated in an aerobic process is equal to or less than 1.5 milligrams of oxygen per hour per gram of total solids (dry weight basis) at a temperature of 20 degrees Celsius.

(e) A generator shall treat biosolids in an aerobic process for 14 days or longer. During that time, a generator the temperature of the biosolids shall be higher than 40 degrees Celsius and the average temperature of the biosolids shall be higher than 45 degrees Celsius.

(f) A generator shall ensure that the pH of biosolids is raised to 12 or higher by alkali addition and, without the addition of more alkali, remains at 12 or higher for 2 hours and then at 11.5 or higher for an additional 22 hours.

(g) A generator shall ensure that the percent solids of biosolids that do not contain unstabilized solids generated in a primary wastewater treatment process is equal to or greater than 75% based on the moisture content and total solids before mixing with other materials, at the time the biosolids are prepared for sale or given away in a bag or other container for application to the land, or at the time the biosolids are prepared to meet the requirements in R 323.2407(1) or (2).

(h) A generator shall ensure that the percent solids of biosolids that contains unstabilized solids generated in a primary wastewater treatment process shall be equal to or greater than 90% based on the moisture content and total solids before mixing with other materials, at the time the biosolids are prepared for sale or given away in a bag or other container for application to the land, or at the time the biosolids are prepared to meet the requirements in R 323.2407(1) or (2).

(i) All of the following provisions apply to biosolids that are injected:

(i) A person who applies biosolids shall inject below the surface of the land.

(ii) A person who applies biosolids shall ensure that a significant amount of the biosolids is not present on the land surface within 1 hour after the biosolids are injected.

(iii) If the biosolids that are injected below the surface of the land are class A with respect to pathogens, then a person who applies the biosolids shall ensure that the biosolids are injected below the land surface within 8 hours after the biosolids have been discharged from the pathogen treatment process.

(j) A person who applies biosolids to the land surface shall ensure that the biosolids are incorporated into the soil within 6 hours after application to or placement on the land, unless otherwise specified by the permitting authority. If biosolids that are incorporated into the soil are class A with respect to pathogens, then the person shall apply the biosolids to, or place the biosolids on, the land within 8 hours after the biosolids have been discharged from the pathogen treatment process.

**History**
- *History: 1999 AACS.*

##### **Mich. Admin. Code R 323.2416** Reporting; fees; biosolids land application fund; creation {#sec-r-323.2416 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2416}

Rule 2416. (1) Beginning in state fiscal year 1998, an annual biosolids land application fee is imposed upon biosolids generators and biosolids distributors. The biosolids land application fee is an amount equal to the sum of an administrative fee and a generation fee.

The administrative fee is $400.00 for each biosolids generator or distributor that land applies. The department shall set the generation fee as provided by subrule (2) of this rule.

The department shall set the generation fee so that the annual cumulative total of the biosolids land application fee to be paid in a state fiscal year is, as near as possible, $650,000.00 minus the amount in the fund created under subrule (5) of this rule carried forward from the immediately preceding state fiscal year. Starting with fees to be paid in state fiscal year 1999, the department shall adjust the $650,000.00 amount annually for inflation using the Detroit consumer price index.

(2) Each biosolids generator and biosolids distributor shall annually report to the department for each state fiscal year, beginning with the 1997 state fiscal year, the number of dry tons of biosolids it generated or the number of dry tons of biosolids in derivatives it distributed that were applied to land in the state of Michigan in the state fiscal year. A biosolids generator that does not land apply shall report zero. A biosolids generator located in the state of Michigan that land applies outside the state of Michigan will be assessed only an administrative fee and a fee for biosolids that are land applied in the state of Michigan. The report is due 30 days after the end of the state fiscal year. By December 15 of each state fiscal year, the department shall determine the generation fee on a per dry ton basis by dividing the cumulative generation fee by the number of dry tons of biosolids applied to land or in derivatives applied to land in the state of Michigan in the immediately preceding state fiscal year. The department shall notify each biosolids generator and biosolids distributor of the generation fee on a per dry ton basis.

(3) A generator or distributor that land-applied biosolids or a derivative to land within the state at any time during the previous state fiscal year shall report to the department the information required in R 323.2413(3) to (8), except R 323.2413(6)(b), (7)(b), and (8)(b), on or before October 30.

(4) By January 31 of each state fiscal year, each biosolids generator or biosolids distributor shall pay its biosolids land application fee. The biosolids generator or biosolids distributor shall determine the amount of its biosolids land application fee by multiplying the number of dry tons of biosolids that it reported under subrule (2) of this rule by the generation fee and adding the administrative fee.

(5) The department of environmental quality shall assess interest on all fee payments submitted under this rule after the due date. The permittee shall pay an additional amount equal to 0.75% of the payment due for each month or portion of a month that the payment remains past due. The failure by a person to pay a fee imposed by this rule in a timely manner is a violation of this part.

(6) The biosolids land application fund is created in the state department of treasury. The department of environmental quality shall forward all fees collected under this rule to the state treasurer for deposit into the fund. The state treasurer may receive money or other assets from any source for deposit into the fund. The state treasurer shall direct the investment of the fund. The state treasurer shall credit to the fund interest and earnings from fund investments. The department of environmental quality shall carry an unexpended balance within the fund at the close of the state fiscal year forward to the following state fiscal year. The department of environmental quality shall ensure that the fund is allocated solely for the administration of this rule and sections 3131 and 3133 of the act, including, but not limited to, education of the farmers, biosolids generators, biosolids distributors, and the general public about land application of biosolids and derivatives and the requirements of this rule and sections 3131 and 3133 of the act. The director of the department may contract with a nonprofit educational organization to administer the educational components of this rule. The state department of treasury shall allocate 10% of the fund to the department of agriculture to provide persons involved in or affected by land application of biosolids or derivatives with education and technical assistance relating to land application of biosolids or derivatives.

**History**
- *History: 1999 AACS.*

##### **Mich. Admin. Code R 323.2417** Procedure to determine annual whole biosolids application rate {#sec-r-323.2417 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2417}

Rule 2417. (1) A person who applies biosolids to the land shall use the following formula to determine the loading rate:

Loading Rate Formula AP = PC x 0.002 x AR Where: AP = applied pollutant in pounds per acre.

PC = pollutant concentration in milligrams per kilogram dry weight. 0.002 = the factor to convert pollutant concentration to pounds per dry ton.

AR = the biosolids application rate in dry tons per acre.

(2) R 323.2409(4)(b) requires that the product of the concentration for each pollutant listed in table 4 of R 323.2409(5)(d) in biosolids sold or given away in a bag or other container for application to the land and the annual whole biosolids application rate (AWBAR) for the biosolids not cause the annual pollutant loading rate for the pollutant in table 4 to be exceeded. This rule contains the procedure used to determine the AWBAR for biosolids that do not cause the annual pollutant loading rates in table 4 to be exceeded. The relationship between the annual pollutant-loading rate (APLR) for a pollutant and the annual whole biosolids application rate (AWBAR) for a biosolids is shown in the following equation:

APLR = C x AWBAR X 0.001 equation (1)

Where: APLR = annual pollutant loading rate in kilograms per hectare per 365-day period.

C = pollutant concentration in milligrams per kilogram of total solids (dry weight basis).

AWBAR = annual whole biosolids application rate in metric tons per hectare per 365day period (dry weight basis). 0.001 = a conversion factor.

(3) To determine the AWBAR, equation (1) is rearranged into the following equation:

AWBAR = APLR equation (2)

C x 0.001 (4) The procedure used to determine the AWBAR for biosolids is as follows:

(a) Analyze a sample of the biosolids to determine the concentration for each of the pollutants in the biosolids listed in table 4 of R 323.2409(5)(d).

(b) Using the pollutant concentrations from subdivision (a) of this subrule and the APLRs from table 4 of R 323.2409(5)(d), calculate an AWBAR for each pollutant using equation (2) in subrule (3) of this rule.

**History**
- *History: 1999 AACS.*

##### **Mich. Admin. Code R 323.2418** Pathogen treatment processes {#sec-r-323.2418 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.2418}

Rule 2418. (1) The process to significantly reduce pathogens (PSRP) is as follows:

(a) Biosolids are agitated with air or oxygen to maintain aerobic conditions for a specific mean cell residence time at a specific temperature. Values for the mean cell residence time and temperature shall be between 40 days at 20 degrees Celsius and 60 days at 15 degrees Celsius.

(b) Biosolids are dried on sand beds or on paved or unpaved basins. The biosolids dry for a minimum of 3 months. During 2 of the 3 months, the ambient average daily temperature is above 0 degrees Celsius.

(c) Biosolids are treated in the absence of air for a specific mean cell residence time at a specific temperature. Values for the mean cell residence time and temperature shall be between 15 days at 35 to 55 degrees Celsius and 60 days at 20 degrees Celsius.

(d) Using the within-vessel, static aerated pile, or windrow composting method, the temperature of the biosolids is raised to 40 degrees Celsius or higher and remains at 40 degrees Celsius or higher for 5 days. For 4 hours during the 5 days, the temperature in the compost pile exceeds 55 degrees Celsius.

(e) Sufficient lime is added to the biosolids to raise the pH of the biosolids to 12 after 2 hours of contact.

(2) The processes to further reduce pathogens (PFRP) are as follows:

(a) Using either the within-vessel composting method or the static aerated pile composting method, the temperature of the biosolids is maintained at 55 degrees Celsius or higher for 3 days. Using the windrow composting method, the temperature of the biosolids is maintained at 55 degrees or higher for 15 days or longer. During the period when the compost is maintained at 55 degrees or higher, there shall be a minimum of 5 turnings of the windrow.

(b) Biosolids are dried by direct or indirect contact with hot gases to reduce the moisture content of the biosolids to 10% or lower. Either the temperature of the biosolids particles is more than 80 degrees Celsius or the wet bulb temperature of the gas in contact with the biosolids as the biosolids leaves the dryer is more than 80 degrees Celsius.

(d) Liquid biosolids are agitated with air or oxygen to maintain aerobic conditions and the mean cell residence time of the biosolids is 10 days at 55 to 60 degrees Celsius.

(e) Biosolids are irradiated with beta rays from an accelerator at dosages of at least 1.0 megarad at room temperature (approximately 20 degrees Celsius).

(f) Biosolids are irradiated with gamma rays from certain isotopes, such as 60Cobalt and 137Cesium, at dosages of at least 1.0 megarad at room temperature (approximately 20 degrees Celsius).

(g) The temperature of the biosolids is maintained at 70 degrees Celsius or higher for 30 minutes or longer.

**History**
- *History: 1999 AACS.*

### **R 323.3101 to R 323.3110** Aquatic Nuisance Control

##### **Mich. Admin. Code R 323.3101** Definitions {#sec-r-323.3101 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.3101}

DEPARTMENT OF ENVIRONMENTAL QUALITY

LAND AND WATER MANAGEMENT DIVISION

INLAND LAKES AND WETLANDS UNIT

AQUATIC NUISANCE CONTROL

(By authority conferred on the department of environmental quality by section 12561(3) of 1978 PA 368, MCL 333.12561)

Rule 1. As used in these rules:

(a) "Act" means 1978 PA 368, MCL 333.12561 et seq.

(b) "Active ingredient" means an ingredient that will prevent, destroy, repel, or control target organisms, act as a plant regulator, defoliant, or desiccant, or otherwise alter the behavior of plants or chemicals.

(c) "Algae" means any of the group of nonvascular aquatic plants which do not have stems, flowers, leaves, and roots, and which are single-celled, colonial, or filamentous forms.

(d) "Applicant" means any of the following entities:

(i) A person who is the bottomland owner.

(ii) A lake board established under part 309 of 1994 PA 451.

(iii) A state or local government.

(iv) A person who has written authorization to act on behalf of an entity specified in this subdivision.

(e) "Aquatic nuisance" means any organism which lives or propagates, or both, within the aquatic environment and which impairs the use or enjoyment of the waters of the state, including the intermediate aquatic hosts for schistosomes that cause swimmers' itch.

(f) "Aquatic vegetation" means both algae and higher aquatic plants.

(g) "Area of impact" means the area within a waterbody where target organisms may be adversely affected or destroyed.

(h) "Certificate of coverage" means written authorization from the department to implement a project under a general permit.

(i) "Chemical" means any product designed to control, aid in the control, eliminate, or restrict the growth of aquatic nuisances.

(j) "Commercial applicator" means a person who is required to be a registered or certified applicator under part 83 of 1994 PA 451, who uses or supervises the use of a restricted use pesticide, or holds himself or herself out to the public as being in the business of applying pesticides.

(k) "Department" means the Michigan department of environmental quality.

(l) "Director" means the director of the department.

(m) "Emergency notification procedure" means a department-approved procedure submitted annually by a commercial applicator, or state or local government, which provides a description of all available means of contact, such as home telephone number, business telephone number, mobile telephone number, or pager number.

(n) "EPA" means the United States environmental protection agency.

(o) "FIFRA" means the federal insecticide, fungicide and rodenticide act, as amended, being 7 U.S.C. §§136 to 136(y).

(p) "Fluridone" means 1-methyl-3-phenyl-5-[3-(trifluoromethyl)phenyl]-4(1h)pyridinone.

(q) "General permit" means a permit for a category of activities that the department determines will not negatively impact human health and will have no more than minimal short-term adverse impacts on the natural resources and environment.

(r) "Higher aquatic plant" means any of a group of vascularized plants which have true stems, flowers, leaves, and roots, which live in water, and which belong to the class angiospermae.

(s) "Littoral zone" means the area of a waterbody from the water's edge to the limit of the depth of light penetration where rooted aquatic vegetation typically grows.

(t) "Outlet" means any natural or artificially created watercourse or structure which allows passage of water out of a waterbody into other surface waters of the state, in an intermittent or continuous flow.

(u) "Person" means any of the following entities:

(i) An individual.

(ii) Sole proprietorship.

(iii) Partnership.

(iv) Corporation.

(v) Municipality.

(vi) This state.

(vii) An instrumentality or agency of this state.

(viii) The federal government.

(ix) An instrumentality or agency of the federal government.

(x) Another legal entity.

(v) "Pesticide" means a substance or mixture of substances intended for preventing, destroying, repelling, or mitigating aquatic nuisances.

(w) "Swimmers' itch" means the inflammation of a swimmer's skin resulting from an allergic reaction to the penetration of the skin by the immature stages of blood fluke parasites which live a part of their life cycle in certain aquatic snails.

(x) "Waters of the state" means groundwaters, lakes, ponds, rivers, streams, and wetlands and all other watercourses and waters within the jurisdiction of this state and also the great lakes bordering this state. For the purposes of these rules, "waters of the state" may also be referred to as a waterbody.

**History**
- *History: 1979 AC; 2003 AACS.*

##### **Mich. Admin. Code R 323.3102** Activities requiring a permit or certificate of coverage {#sec-r-323.3102 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.3102}

Rule 2. (1) A permit or certificate of coverage shall be obtained from the department before any chemical treatment of waters of the state for the purpose of aquatic nuisance control, of waters of the state, where the area of impact contains visible water at the time of chemical treatment. A permit or certificate of coverage shall also be obtained for chemical treatment of the Great Lakes and Lake St. Clair where the area of impact is exposed bottomland located below the ordinary high water mark.

(2) A person is authorized to chemically treat waters of the state without obtaining a permit or a certificate of coverage from the department if all of the following criteria are met:

(a) A waterbody does not have an outlet.

(b) There is no record of a state or federal endangered or threatened species, pursuant to part 365 of 1994 PA 451.

(d) The bottomlands of a waterbody are owned by either of the following:

(i) A single person.

(ii) More than 1 person and written permission for the proposed chemical treatment is obtained from each person.

(3) A person conducting a chemical treatment authorized by subrule (2) of this rule shall maintain written permissions and records of treatment, including treatment date, chemicals applied and amounts, and a map indicating the area of impact, for 1 year from the date of each chemical application. The records shall be made available to the department upon request. Each chemical treatment shall be posted as specified in R 323.3106(d).

**History**
- *History: 1979 AC; 2003 AACS.*

##### **Mich. Admin. Code R 323.3103** Registration of pesticides; use of certain chemicals prohibited {#sec-r-323.3103 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.3103}

Rule 3. (1) Pesticides used in waters of the state for aquatic nuisance control shall be registered with the EPA, pursuant to section 3 of FIFRA, and the Michigan department of agriculture, pursuant to section 8307, 1994 PA 451, MCL 324.8307, for the nuisance control activity for which it is proposed.

(2) The department may conduct evaluations of the impacts and effectiveness for any chemicals that are proposed for use in waters of the state. This may include the issuance of permits for field assessments of the chemicals.

(3) The director, in consultation with the director of the Michigan department of agriculture, may prohibit or suspend the use of a chemical if, based on substantial scientific evidence, use of a chemical is shown to cause unacceptable negative impacts to human health or the environment. The department shall not issue permits authorizing the use of such chemicals. In addition, a person shall cease the use of such chemicals upon notification by the department.

**History**
- *History: 1979 AC; 2003 AACS.*

##### **Mich. Admin. Code R 323.3104** Application for permit or certificate of coverage {#sec-r-323.3104 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.3104}

Rule 4. (1) An applicant shall file an application for a permit or a certificate of coverage with the department on a form provided by the department. An application shall include all of the following information:

(a) The active ingredient or chemical trade name, and proposed application rate for each chemical proposed for use.

(b) A map or maps, to scale, of the waterbody which clearly delineates the proposed area or areas of impact for each chemical type.

(c) The name, address or lot number, and telephone number for all bottomland owners whose property is in the proposed area of impact, except as follows:

(i) If the proposed area of impact is to involve the property of 5 or more bottomland owners, contact information is required for 5 persons who will know the date of treatment, the chemicals used, and the area or areas of impact for each chemical treatment.

(ii) If an applicant has an emergency notification procedure, contact information is required for 1 person who will know the date of treatment, the chemicals used, and the area or areas of impact for each chemical treatment.

(iii) If an applicant has contracted with a person to provide chemical treatment of aquatic nuisances, who has an emergency notification procedure, the applicant shall identify the person and provide a copy of the contract or authorization form.

(d) Any additional information the department deems pertinent to reaching a decision.

(2) An applicant shall provide a lake management plan as part of an application for permit, if a whole lake treatment is proposed.

(3) The department may require an applicant to provide a lake management plan as part of an application for permit based on the type of proposed chemical treatment (for example, treatments evaluating the effectiveness of a pesticide) or on the significance of proposed impacts on natural resources (for example, treatments where threatened or endangered species or habitats are present, treatment of a waterbody where removal of a large portion of native aquatic vegetation is proposed), or on the extent of bottomlands owned by public institutions. If a lake management plan is required, then the department shall notify potential applicants at least 1 year in advance of the requirement. At a minimum, notification shall be posted on the department internet web site, and shall be published in pertinent department publications.

(4) A lake management plan shall be provided on department forms and shall include, at a minimum, all of the following:

(a) All of the following physical characteristics of the waterbody:

(i) Location.

(ii) Lake size.

(iii) Maximum depth.

(iv) Mean depth.

(v) Size of littoral zone.

(vi) Shoreline length.

(vii) Retention time.

(viii) Location map.

(ix) Bathymetric map, including all of the following:

(A) Tributaries.

(B) Outlets.

(D) Public land.

(E) Critical fish spawning areas.

(F) Wetlands.

(G) Special habitats.

(H) Parks.

(I) Water control structures.

(b) A description of the water quality, including data for water quality indicators, such as dissolved oxygen, temperature, total alkalinity, and transparency (secchi disk).

(i) Aquatic vegetation map(s) and data analysis.

(ii) Total higher aquatic plant surface coverage.

(iii) A description of the fish, wildlife, and plant communities, including identification of any special concern, threatened, or endangered species.

(d) Land use activities including a description of the land use, and a land use map.

(e) History of waterbody management.

(f) Documentation of opportunities for involvement in plan development by stakeholders and agencies responsible for managing public trust resources, including a description of all input obtained.

(g) Vegetation management plan that includes a description of the aquatic nuisance problem, management goals, management goal maps, management options, proposed actions necessary to attain the management goals, management timeline, and monitoring and evaluation processes.

(5) The department shall either issue or deny a certificate of coverage within 15 working days after receipt of a complete application. If denied, the department shall notify the applicant, in writing, of the reasons for denial.

(6) The department shall issue a permit, grant the permit in part, or deny the permit within 30 working days after receipt of a complete application. If denied or granted in part, the department shall notify the applicant, in writing, of the reasons for denial.

(7) An applicant shall obtain authorization to chemically treat the proposed area or areas of impact by obtaining written permission from each person who owns bottomlands in the area or areas of impact. The applicant shall maintain the written permission for 1 year from the expiration date of the permit, and shall make the records available to the department upon request. Written permission from each bottomland owner is not required if the applicant is providing, or has contracted to provide, chemical treatment for either of the following:

(a) A lake board established under part 309 of 1994 PA 451.

(b) A state or local government acting under authority of state law to conduct lake improvement projects or to control aquatic vegetation.

**History**
- *History: 1979 AC; 2003 AACS.*

##### **Mich. Admin. Code R 323.3105** Permits {#sec-r-323.3105 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.3105}

Rule 5. (1)A permit shall, at a minimum, include all of the following information:

(a) The active ingredient or the trade name of each chemical to be applied.

(b) The application rate of each chemical.

(d) Minimum length of time between treatments for each chemical.

(e) A map or maps that clearly delineate the approved area or areas of impact.

(2) The department may impose additional conditions on a permit to protect the natural resources or the public health; to prevent economic loss, recreational damage, and unacceptable negative impacts to nontarget organisms; and to prevent a failure to provide control of the aquatic nuisance.

(3) The department may issue general permits.

**History**
- *History: 1979 AC; 2003 AACS.*

##### **Mich. Admin. Code R 323.3106** Permit conditions {#sec-r-323.3106 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.3106}

Rule 6. (1) As a condition of a permit, the department may require the permittee to do any of the following:

(a) Notify the department not less than 2 working days in advance of chemical treatment.

(b) Proceed with chemical treatment only if a department representative is present.

(c) Allow the department or its representative to collect a sample of the chemical or chemicals used before or during any chemical treatment.

(d) Post the area or areas of impact before chemical treatment. All of the following posting requirements apply:

(i) Signs shall be of a brilliant color and made of durable material. Minimum sign dimensions shall be 14 inches by 11 inches and shall be attached to a supporting device with the bottom of the sign extending not less than 12 inches above the ground surface.

(ii) Posting signs shall be placed in the following locations unless the department determines that the locations are impractical or infeasible based upon a written request from an applicant which includes an explanation of the necessity for alternative posting locations and a description of the proposed posting locations:

(A) For an area or areas of impact that total less than 2 acres, signs shall be placed along the shoreline of the areas of impact not more than 100 feet apart. Riparian lands adjacent to the area shall also be posted, if permitted by the riparian owner.

(B) For an area of impact that is greater than or equal to 2 acres, posting signs shall be posted as in paragraph (ii)(A) of this subdivision. In addition, all access sites, boat launching areas, and private and public parks located on the waterbody shall be posted conspicuously, such as at the entrances, boat ramps, and bulletin boards, if permitted by their managers or owners. If the access sites, launching areas, and parks are not to be treated or are not adjacent to the areas of impact, then the signs shall clearly indicate the location of the areas of impact and shall contain the other information specified in paragraph (iii) of this subdivision.

(iii) At a minimum, posting signs shall include all of the following information:

(A) The permit number.

(B) The name of the waterbody.

(D) The name, address, and telephone number of the person conducting the treatment.

(E) The name of the chemical or chemicals used and the restrictions on the use of treated water pursuant to the permit.

(F) The expiration date of water use restrictions for each chemical used during treatment.

(G) The phrase "do not remove posting signs or maps until all water use restrictions have expired."

(e) Publish a notice in a local newspaper or make an announcement on a local radio station regarding the chemical treatment. The notice or announcement shall include all of the following information:

(i) The permit number.

(ii) The name of the waterbody.

(iii) A list of the chemicals to be used with corresponding water use restrictions.

(iv) A description of the areas of impact.

(v) The proposed treatment dates.

(f) Apply chemicals so that swimming restrictions and fish-consumption restrictions are not imposed on any Saturday, Sunday, or state-declared holiday.

(g) Take special precautions to avoid or minimize potential impacts to human health, the environment, and nontarget organisms.

(h) Notify, in writing, an owner of any waterfront property within 100 feet of the area of impact, not less than 7 days, and not more than 45 days, before the initial chemical treatment. Written notification shall include all of the following information:

(i) Name, address, and telephone number of the permittee.

(ii) A list of chemicals proposed for use with corresponding water use restrictions.

(iii) All approximate treatment dates per chemical. If the owner is not the occupant of the waterfront property or the dwelling located on the property, then the owner is responsible for notifying the occupant.

(i) Complete and return the treatment report form provided by the department for each treatment season.

(j) Perform lake water residue analysis to verify the chemical concentrations in the waterbody according to a frequency, timing, and methodology approved by the department.

(k) Perform aquatic vegetation surveys according to a frequency, timing, and methodology that has been approved by the department prior to submittal of a permit application.

(l) Use chemical control methods for nuisance aquatic vegetation that are consistent with the approved vegetation management plan submitted separately or as part of a lake management plan. The department may approve modifications to the vegetation management plan upon receipt of a written request from the permittee that includes supporting documentation.

(m) Perform pretreatment monitoring of the target plant population according to a frequency, timing, and methodology that has been approved by the department prior to submittal of a permit application.

**History**
- *History: 1979 AC; 2003 AACS.*

##### **Mich. Admin. Code R 323.3107** Fluridone use {#sec-r-323.3107 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.3107}

Rule 7. (1) The department may issue permits for the use of a liquid formulation of fluridone as a spring treatment to control Eurasian watermilfoil, as follows:

(a) A permit may be issued if the department determines that both of the following provisions apply:

(i) There is widespread distribution of Eurasian watermilfoil in the lake.

(ii) The abundance of Eurasian watermilfoil causes it to be an aquatic nuisance.

(b) An application shall include information necessary for the department to make the determination under subdivision (a) of this subrule, including an aquatic vegetation survey performed in August or September of the year before the proposed fluridone application and corresponding survey data analysis. The aquatic vegetation survey and data analysis shall be performed according to methods that have been approved by the department before submittal of a permit application.

(c) A permit or permit amendment shall not authorize a lake water fluridone concentration to be more than 6 parts per billion.

(d) The department may amend a permit to authorize an additional treatment 14 to 21 days following initial treatment, if the average fluridone concentration of all surface samples taken 13 to 15 days after treatment is less than 5 parts per billion.

(2) The department may issue permits for the evaluation of uses of fluridone other than as a spring treatment to control Eurasian watermilfoil.

(3) An applicant proposing chemical treatment of a waterbody using fluridone shall provide a lake management plan as described in R 323.3104(2).

(4) As a condition of all permits authorizing the use of fluridone, the department shall require the permittee to perform the activities listed in R 323.3106(j), (k), and (l).

(5) The department shall not issue a permit for the use of fluridone in the same waterbody more than once in any 3-year period, unless either of the following provisions applies:

(a) The department determines, in the year of treatment, that a fluridone treatment failed to control Eurasian watermilfoil.

(b) A use of fluridone approved by the department pursuant to subrule (2) of this rule explicitly includes the use of fluridone in more than 1 year during a 3-year period.

**History**
- *History: 1979 AC; 2003 AACS.*

##### **Mich. Admin. Code R 323.3108** Denial of a permit or a certificate of coverage {#sec-r-323.3108 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.3108}

Rule 8. (1) The department shall deny a permit application, or a part of a permit application, in any of the following circumstances:

(a) The proposed use of a pesticide is inconsistent with its label pursuant to FIFRA.

(b) The proposed use of a pesticide is not registered by the Michigan department of agriculture pursuant to part 83 of 1994 PA 451 and the EPA pursuant to FIFRA.

(c) The proposed use of a chemical, though in accordance with the label and otherwise in compliance with these rules or in combination with other aquatic management activities, is likely to result in economic loss, recreational damage, a public health hazard, unacceptable negative impacts to natural resources, or failure to provide control of the aquatic nuisance, as determined by the department.

(d) An application for chemical treatment of higher aquatic plants is postmarked after August 15 in the year for which treatment is proposed.

(2) The department shall deny a certificate of coverage if the proposed project does not meet the requirements for the general permit under which the application is made.

(3) The department shall deny a permit application or an application for a certificate of coverage if an applicant has committed 2 or more violations of other permits previously issued under the act, conditions of a permit, or these rules within 1 calendar year. For purposes of this subrule, "violation" means conviction in a court of law, or revocation of a permit or certificate of coverage by the department, pursuant to R 323.3109(b) and (c).

**History**
- *History: 1979 AC; 2003 AACS.*

##### **Mich. Admin. Code R 323.3109** Revocation of permit or certificate of coverage {#sec-r-323.3109 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.3109}

Rule 9. (1) The department may revoke a permit or certificate of coverage for cause, including any of the following:

(a) The department determines, through information not available to the department at the time of permit issuance, that the use of a chemical, although otherwise in accordance with the label and these rules or in combination with other aquatic management activities, is likely to result in economic loss, recreational damage, a public health hazard, unacceptable negative impacts to natural resources, or failure to provide control of the aquatic nuisance, as determined by the department.

(b) Failure to comply with any condition of a permit, the act, or these rules, as determined by the department.

**History**
- *History: 1979 AC; 2003 AACS.*

##### **Mich. Admin. Code R 323.3110** Permit amendments {#sec-r-323.3110 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 323.3110}

Rule 10. (1) The department may make minor revisions, based on minimizing the impacts to the natural resources, public health, and safety, to a permit before permit expiration, if the proposed revisions do not involve a change in the scope of the project, and upon receipt of a written request from the permittee that includes all of the following information:

(a) The proposed changes to the permit.

(b) An explanation of the necessity for the proposed changes.

(d) Additional information that would help the department reach a decision on a permit amendment.

**History**
- *History: 1979 AC; 2003 AACS.*

## **Oil, Gas and Minerals Division** Oil, Gas and Minerals Division

### **R 324.101 to R 324.1406** Oil and Gas Operations

##### **Mich. Admin. Code R 324.101** Application of rules {#sec-r-324.101 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.101}

DEPARTMENT OF ENVIRONMENTAL QUALITY

OIL, GAS, AND MINERALS DIVISION

OIL AND GAS OPERATIONS

(By authority conferred on the supervisor of wells and the director of the department of environmental quality by section 61506 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.61506, sections 9 and 251 of the executive organization act of 1965, 1965 PA 380, MCL 16.109 and 16.351, and Executive Reorganization Order No. 1991-22, MCL 299.13).

PART 1. GENERAL PROVISIONS

Rule 101. These rules govern oil and gas operations in the state of Michigan and supersede all rules and regulations issued under the authority of Act No. 61 of the Public Acts of 1939, as amended, being §319.1 et seq. of the Michigan Compiled Laws, except for special well spacing and proration orders and determinations that have application to specifically designated areas throughout Michigan.

**History**
- *History: 1996 AACS.*

##### **Mich. Admin. Code R 324.102** Definitions; A to M {#sec-r-324.102 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.102}

Rule 102. As used in these rules:

(a) “Act” means the natural resources and environmental protection act, 1994 PA 451, MCL 324.101 to 324.90106.

(b) “ANSI” means the American National Standards Institute.

(d) Aquifer means a geological formation, group of formations, or part of a formation that is capable of yielding a significant amount of water to a well or spring.

(e) “Authorized representative of the supervisor” means a department of environmental quality employee who is charged with the responsibility for implementation of the act or these rules.

(f) “Blowout prevention equipment” means a casinghead control device designed to control the flow of fluids from the well bore by closing around the drill pipe or production tubing or completely sealing the hole in the absence of drill pipe or production tubing.

(g) “Bottom hole” means the terminus of a wellbore.

(h) “Brine” means all nonpotable water resulting, obtained, or produced from the exploration, drilling, or production of oil or gas, or both.

(i) “Central production facility” means production equipment that has been consolidated at a central location that provides for the commingling of oil or gas production, or both, from 2 or more wells or production units of diverse ownership or from 2 or more prorated wells or production units.

(j) “Conformance bond” means a surety bond that has been executed by a surety company authorized to do business in this state, cash, certificates of deposit, letters of credit, or other securities that are filed by a person and accepted by the supervisor to ensure compliance with the act, these rules, permit conditions, instructions, orders of the supervisor, or an order of the department of environmental quality.

(k) “Directionally drilled well,” means a well purposely deviated from the vertical using controlled angles to reach an objective location.

(l) “Drilling completion” means the time when a well has reached its permitted depth or the supervisor has determined drilling has ceased.

(m) “Drilling operations” means all of the physical and mechanical aspects of constructing a well for the exploration or production of oil or gas, or both, for injection of fluids associated with the production of oil or gas, or both, or the storage of natural hydrocarbons or liquefied petroleum gas derived from oil or gas, and includes all of the following:

(i) Moving drilling equipment onto the drill site.

(ii) Penetration of the ground by the drill bit and drilling of the well bore.

(iii) Casing and sealing of the well bore.

(iv) Construction of well sites and access roads.

(n) “Drilling unit” means the area prescribed by an applicable well spacing rule or order for the granting of a permit for the drilling and operation of an oil or gas well, or both.

(o) “Facility piping” means piping that connects any of the following:

(i) Compressors.

(ii) Flares.

(iii) Loadouts.

(iv) Separators.

(v) Storage tanks.

(vi) Transfer pumps.

(vii) Treatment equipment.

(viii) Vents.

(p) “Fence” means a structure that is designed to deter access and consists of not less than 2 strands of barbed wire, 1 strand being approximately 18 inches above the ground and the other strand being approximately 42 inches above the ground, secured to supporting posts or means an equivalent structure that deters access.

(q) “Final completion” means the time when locating, drilling, deepening, converting, operating, producing, reworking, plugging, and proper site restoration have been performed on a well in a manner approved by the supervisor, including the filing of the mandatory records, and when the conformance bond has been released.

(r) “Flow line” means piping that connects a well or wells to a surface facility.

(s) “Fresh water” means water that contains less than 1000 milligrams per liter of total dissolved solids.

(t) “Gas storage” means the use of a depleted oil or gas pool, salt cavern, or other porous strata utilized for the purpose of injecting and withdrawing gas from the depleted oil or gas pool, salt cavern, or other porous strata.

(u) “Gathering line” means a pipeline that transports natural gas from a surface facility to a transmission pipeline.

(v) “Geologist” means a person who is certified as a geologist by a credible geological professional association or who, by reason of his or her knowledge of the natural sciences, mathematics, and the principles of geology acquired by professional education and practical experience, is qualified to engage in the practice of the science of geology.

(w) “Groundwater” means water below the land surface in the zone of saturation.

(x) “Injection well” means a well used to dispose of, into underground strata, waste fluids produced incidental to oil and gas operations or a well used to inject water, gas, air, brine, or other fluids for the purpose of increasing the ultimate recovery of hydrocarbons from a reservoir or for the storage of hydrocarbons.

(y) “Instruction” means a written statement of general applicability, that is issued by the supervisor, conforms with the act and rules promulgated under the act, and clarifies or explains the applicability of the act or rules to commonly recurring facts or circumstances.

(z) “Mineral water” means water that contains 1000 milligrams per liter or more of total dissolved solids.

(aa) “Multiple zone completion” means a well constructed and operated to separately produce oil or gas, or both, from more than 1 reservoir through 1 well bore.

**History**
- *History: 1996 AACS; 2001 AACS; 2002 AACS; 2015 AACS; 2019 AACS.*

##### **Mich. Admin. Code R 324.103** Definitions; N to Z {#sec-r-324.103 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.103}

Rule 103. As used in these rules:

(a) “Nuisance odor” means an emission of any gas, vapor, fume, or mist, or combination thereof, from a well or its associated surface facilities, in whatever quantities, that causes, either alone or in reaction with other air contaminants, injurious effects to human health or safety; unreasonable injurious effects to animal life, plant life of significant value, or property; or unreasonable interference with the comfortable enjoyment of life or property.

(b) “Oil and gas operations” means permitting activities required under R 324.201, drilling operations, well completion operations, operation of oil and gas wells, plugging operations, and site restoration.

(c) “Operation of oil and gas wells” means the process of producing oil or gas, or both, or the storage of natural hydrocarbons or liquefied petroleum gas, including all of the following:

(i) Production, pumping, and flowing.

(ii) Processing.

(iii) Gathering.

(iv) Compressing.

(v) Treating.

(vi) Transporting.

(vii) Conditioning.

(viii) Brine removal and disposal.

(ix) Separating.

(x) Storing.

(xi) Injecting.

(xii) Testing.

(xiii) Reporting.

(xiv) Maintenance and use of surface facilities.

(xv) Secondary recovery.

(d) “Organization report” means a listing of all corporate officers, directors, incorporators, partners, or shareholders who have the authority to make, or are responsible for making, operational decisions, including the siting, drilling, operating, producing, reworking, and plugging of wells.

(e) “Permit” means a permit to drill and operate an oil or gas well, or both, or an injection well, including associated surface facilities and flow lines.

(f) “Plugging operations” means the sealing of the fluids in the strata penetrated by an oil or gas well, or both, upon abandonment of the well or a portion of the well bore, so that the fluid from one stratum will not escape into another or to the surface.

(g) “Ppm” means parts per million by volume.

(h) “Producing interval” means any section of a wellbore that is open to, or intended to be open to, a formation or part of a formation that is intended to produce or is capable of producing oil or gas, or both, after well completion operations. The section of the wellbore may be open to the formation or part of the formation by any means, and may include but is not limited to, a section of a wellbore that is either uncased or has perforated casing.

(i) “Psi” means pounds per square inch.

(j) “Psig” means pounds per square inch gauge.

(k) “Secondary recovery” means the introduction or utilization of fluid or energy into or within a pool for the purpose of increasing the ultimate recovery of hydrocarbons from the pool.

(l) “Shut-in” means an action by a permittee to close down a producing well, a well capable of producing, or an injection well temporarily for any of the following reasons:

(i) Repair.

(ii) Cleaning out.

(iii) Building up reservoir pressure.

(iv) Planning for secondary recovery.

(v) Other injection projects.

(vi) While awaiting connection of a sales line.

(vii) Lack of a market.

(m) “Site restoration” means all of the following:

(i) The filling and leveling of all cellars, pits, and excavations.

(ii) The removal or elimination of all debris.

(iii) The elimination of all conditions that may create a fire or pollution hazard.

(iv) The minimization of erosion.

(v) The restoration of the well site as nearly as practicable to the original land contour or to a condition approved by the supervisor.

(n) “Structure used for public or private occupancy,” means a residential dwelling or place of business, place of worship, school, hospital, government building, or other building where people are usually present at least 4 hours per day.

(o) “Supervisor” means the director of the department of environmental quality or his or her assistants as approved by the director of the department of environmental quality.

(p) “Surface casing” means the casing string or strings used primarily for protecting fresh water or mineralized water resources from potential contamination during the drilling and operation of an oil or gas well, or both.

(q) “Surface facility” means a facility used in the injection of fluids or in the production, processing, or treatment of oil or gas, or both, including any of the following:

(i) Pumping equipment.

(ii) Fluid disposal equipment.

(iii) Facility piping.

(iv) Load outs.

(v) Separators.

(vi) Storage tanks.

(vii) Treatment equipment.

(viii) Compressors.

(r) “Surface water” means a body of water, and the associated sediments, which has a top surface that is exposed to the atmosphere and is not solely for wastewater conveyance, treatment, or control. Surface water may be any of the following:

(i) A Great Lake or its connecting waters.

(ii) An inland lake or pond.

(iii) A river or stream, including intermittent streams.

(iv) An impoundment.

(v) An open drain.

(vi) A wetland.

(s) “Underground source of drinking water” means fresh water or mineral water within an aquifer or portion of an aquifer that satisfies either of the following criteria:

(i) The aquifer or portion thereof supplies a public water system.

(ii) The aquifer or portion thereof contains a sufficient quantity of ground water to supply a public water system and meets either of the following criteria:

(A) The aquifer or portion thereof currently supplies drinking water for human consumption.

(B) The aquifer or portion thereof contains ground water that has fewer than 10,000 milligrams per liter total dissolved solids.

(t) “Well completion” means the time when a well has been tested and found to be incapable of producing hydrocarbons in commercial quantities and has been plugged or has been found capable of producing commercial quantities of hydrocarbons or when the well has been equipped to perform the service for which it was intended.

(u) “Well completion operations” means work performed in an oil or gas well, or both, after the well has been drilled to its permitted depth and the production string of casing has been set, including perforating, artificial stimulation, and production testing.

(v) “Well location” means the surface location of a well.

(w) "Zoned residential” means a geographic area that was zoned by a local unit of government before January 8, 1993, as an area designated principally for permanent or recreational residences.

**History**
- *History: 1996 AACS; 2002 AACS; 2015 AACS; 2018 AACS.*

##### **Mich. Admin. Code R 324.104** Terms defined in act {#sec-r-324.104 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.104}

Rule 104. Unless the context requires a different meaning, the trade words and other words defined in the act have the same meanings when used in these rules.

**History**
- *History: 1996 AACS.*

##### **Mich. Admin. Code R 324.199** Rescission {#sec-r-324.199 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.199}

Rule 199. (1) R 299.251 to R 299.258 of the Michigan Administrative Code, appearing on pages 1415 to 1417 of the 1979 Michigan Administrative Code, are rescinded.

(2) R 299.1101 to R 299.1807, R 299.1809, R 299.1810, and R 299.1901 to R 299.2101 of the Michigan Administrative Code, appearing on pages 1466 to 1495 of the 1979 Michigan Administrative Code, and pages 206 to 217 of the 1987 Annual Supplement to the Code, are rescinded.

PART 2. PERMITS TO DRILL AND OPERATE

**History**
- *History: 1996 AACS.*

##### **Mich. Admin. Code R 324.201** Application for permit to drill and operate requirements; issuance of permit {#sec-r-324.201 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.201}

Rule 201. (1) Until a person has complied with the requirements of subrule (2) of this rule, a person shall not begin the drilling or operation of a well for any of the following:

(a) Oil or gas, or both.

(b) Injection for secondary recovery.

(c) Injection for the disposal of brine, oil or gas field waste, or other fluids incidental to the drilling, producing, or treating of wells for oil or gas, or both, or the storage of natural hydrocarbons or liquefied petroleum gas derived from oil or gas.

(d) Injection or withdrawal for the storage of natural dry gas or oil well gas.

(e) Injection or withdrawal for the storage of liquid hydrocarbons or liquefied petroleum gas.

(2) A permit applicant shall comply with all of the following permit application requirements:

(a) The exact well location shall be surveyed by a surveyor licensed in this state, a readily visible stake or marker shall be set at the well location, and a flagged route shall be established to the well location.

(b) The survey required by subdivision (a) of this subrule shall include a plat that shows all of the following:

(i) The correct well location and bottom hole location description.

(ii) A flagged route or explanation of how the well location may be reached.

(iii) Footages from the nearest section, quarter section, and drilling unit lines.

(iv) Information relative to the approximate distances and directions from the stake or marker to special hazards or conditions, including all of the following:

(B) Floodplains associated with surface waters within 1,320 feet of the proposed well.

(C) Wetlands, as identified by the provisions of sections 30301 to 30323 of the act, within 1,320 feet of the proposed well.

(D) Natural rivers, as identified by the provisions of sections 30501 to 30515 of the act, within 1,320 feet of the proposed well.

(E) Critical dune areas, as designated by the provisions of sections 35301 to 35326 of the act, within 1,320 feet of the proposed well.

(F) Threatened or endangered species, as identified by the provisions of sections 36501 to 36507 of the act, within 1,320 feet of the proposed well.

(G) All buildings, recorded fresh water wells and reasonably identifiable fresh water wells utilized for human consumption, public roads, pipelines, and power lines that lie within 600 feet of the proposed well location.

(I) Identification of the existing local zoning designation of the surface location of the well.

(c) If the applicant intends to utilize high volume hydraulic fracturing, the application shall include a list showing the specific identity and associated CAS number of each chemical constituent the applicant anticipates will be added to the primary carrier fluid, except that the specific identities and CAS numbers of trade secret chemicals may be withheld under the provisions of paragraph (i) of this rule.

(i) If the specific identity of a chemical constituent and its associated CAS number are a trade secret, the applicant may withhold the specific identity of the chemical constituent and its associated CAS number, but shall list the chemical family associated with the chemical constituent, or provide a similar description, and provide a statement that a claim of trade secret protection has been made by the entity entitled to make such a claim.

(ii) Listing of a chemical constituent under the requirements of this subdivision does not preclude a permittee from utilizing other chemical constituents in a high volume hydraulic fracturing operation; however, the chemical constituents actually used shall be submitted under the requirements of rule 1406 of these rules.

(d) One signed and sealed copy of the survey, on a form prescribed by the supervisor, shall be filed with an application for a permit to drill and operate or e-filed using a procedure approved by the supervisor.

(e) A person applying to drill and operate a well shall completely and accurately fill out, sign, and file a written application for a permit to drill on a form prescribed by the supervisor or e-filed using a procedure approved by the supervisor. The application shall be submitted to the supervisor at the offices of the Michigan Department of Environmental Quality, Office of Oil, Gas, and Minerals, P.O. Box 30256, Lansing, Michigan 48909, and a copy of the first page of the permit application shall be mailed to the clerk of the county and the surface owner of record of the land on which the well location is to be located within 7 days of submitting the permit application by first-class United States mail addressed to the surface owner's last known address as evidenced by the current property tax roll records.

(f) When the proposed well location is in or adjacent to any areas described in subdivision (b)(iv)(A) or (B) of this subrule, a person shall file for and obtain all applicable permits from the department of environmental quality before developing the well site or access to the well site or before drilling of the well. The person shall also file for and obtain any additional permits that may be required before the installation of flow lines or production equipment or before operating the well.

(g) A person shall file an environmental impact assessment as instructed by the supervisor.

(h) A person shall file an organization report if a current organization report is not on file with the supervisor.

(i) A person shall file a conformance bond or statement of financial responsibility pursuant to R 324.210.

(j) A person shall pay the fee as specified by statute. A fee filed with an application shall not be applied to a subsequent application. The fee shall be returned if a permit is not issued.

(k) A person shall provide additional information as required in R 324.802 with an application for a permit to drill and operate an injection well or to convert a previously drilled well to an injection well.

(l) A person shall receive and post the permit in a conspicuous place at the well location.

The permit shall remain posted at the well location until well completion.

(3) A person who desires to directionally drill a well shall apply for and obtain a permit to drill and operate as provided in this rule. The application to drill a directionally drilled well shall include, in addition to the information specified in subrule (2) of this rule, all of the following information:

(a) The depth at which deviation from vertical is planned.

(b) The angle and path of each deviation.

(d) The well's measured and true vertical depths.

(4) The supervisor shall process a permit application for a well and issue or deny a permit to drill and operate pursuant to section 61525 of the act. Pursuant to R 324.205, the supervisor shall not issue a permit to a person or an authorized representative of a person if the person is not eligible for a permit.

**History**
- *History: 1996 AACS; 2015 AACS; 2018 AACS.*

##### **Mich. Admin. Code R 324.202** Directional redrilling {#sec-r-324.202 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.202}

Rule 202. (1) A permittee of a well who desires to directionally redrill an existing well to a different bottom hole location shall file an application for a new permit. The application shall set forth, in detail, the new bottom hole location and identify the plug-back depth of the existing well and shall be filed under R 324.201(3). The directional redrilling shall not be commenced until the application has been approved by the supervisor or authorized representative of the supervisor, except as provided in subrule (2) of this rule. A new permit and an additional fee shall be required.

(2) A permittee of a well who desires to directionally redrill an existing permitted drilling well to a different bottom hole location with the drilling rig then on location shall obtain approval from the supervisor or authorized representative of the supervisor. Approval to redrill shall be obtained by contacting the authorized representative of the supervisor in person or by telephone and providing pertinent details of the proposed directional redrilling. Approval may be granted immediately if all of the following provisions are complied with:

(a) The existing drilled hole is plugged back before starting the new directional hole under the provisions of these rules.

(b) The permittee provides an adequate description of the proposed directional redrill, including the depth, angle, and path of the deviation, and the bottom hole location.

(3) If approval to directionally redrill is granted, a permittee of a well shall obtain a new permit and pay an additional fee. The application for a new permit and additional fee shall be filed within 10 days at the offices of the Michigan Department of Environmental Quality, Office of Oil, Gas, and Minerals, P.O. Box 30256, Lansing, Michigan 48909. In addition to other enforcement actions, failure to comply with this subrule shall be cause for immediate suspension of any or all components of the oil and gas operations on the well.

(4) A well log and plugging record shall be filed on the plugged-back hole under these rules.

**History**
- *History: 1996 AACS; 2002 AACS; 2015 AACS.*

##### **Mich. Admin. Code R 324.203** Lost holes {#sec-r-324.203 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.203}

Rule 203. (1) A permittee of a well shall obtain approval to skid a rig or move to start a new hole when a hole has been lost. A new permit or additional fee is not required if the new well location is within 165 feet of the lost hole and the drilling unit is not changed.

(2) A permittee of a well may obtain approval for skidding a rig or moving to a new well location because of a lost hole from the authorized representative of the supervisor in person or by telephone. Approval may be granted immediately if all of the following provisions are complied with:

(a) The lost hole shall be plugged before starting the replacement hole under the provisions of these rules.

(b) The new well location shall be made at a safe distance from the lost hole.

(d) The new well location shall not create surface waste.

(e) An amended application with corrected attachments and supplements shall be filed within 5 business days at the offices of the Michigan Department of Environmental Quality, Office of Oil, Gas, and Minerals, P.O. Box 30256, Lansing, Michigan 48909. In addition to other enforcement actions, failure to comply with this subrule shall be cause for suspension of any or all components of the oil and gas operations on the well.

(f) A well log and well plugging record shall be filed on all lost holes under the provisions of these rules.

**History**
- *History: 1996 AACS; 2002 AACS; 2015 AACS.*

##### **Mich. Admin. Code R 324.204** Permits for oil and gas storage by conversion of operation {#sec-r-324.204 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.204}

Rule 204. If a well or underground operation developed for a non-oil and gas use is converted for the storage of oil or gas or any of the natural hydrocarbons produced from oil or gas, then the well or underground operation shall be classified as an oil or gas storage operation and shall be subject to the provisions of these rules.

**History**
- *History: 1996 AACS.*

##### **Mich. Admin. Code R 324.205** Eligibility for permit {#sec-r-324.205 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.205}

Rule 205. The supervisor shall not issue or transfer a permit, other than as provided by R 324.206(7) and (8), to a person who has been determined to be in violation of any of the following:

(a) The act.

(b) These rules.

(d) Instructions.

(e) Orders of the supervisor.

(f) An order of the department of environmental quality.

**History**
- *History: 1996 AACS.*

##### **Mich. Admin. Code R 324.206** Modification of permits; deepening permits; change of ownership {#sec-r-324.206 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.206}

Rule 206. (1) A permit shall not be transferred to a location outside of the drilling unit.

(2) A permittee of a well who has not initiated drilling of a well shall not do either of the following:

(a) Change the well location within the drilling unit without the prior approval of the supervisor or authorized representative of the supervisor. To receive approval, a permittee shall return the permit to the Lansing office of the supervisor together with a revised application with corrected attachments and supplements. If the permittee requests a change in the well location greater than 165 feet from the permitted location, then a new permit and an additional fee are required. If the permittee requests a change in the well location to a location less than 165 feet from the permitted location, then the change will require a revised permit and no additional fee. A change of location for an injection well, regardless of distance, requires a new permit and an additional fee. Drilling shall not begin until the new permit or revised permit has been issued by the supervisor or authorized representative of the supervisor and posted at the drilling site.

(b) Change the method of drilling, casing and sealing programs, or other conditions of the permit without the prior approval of the supervisor or authorized representative of the supervisor. To receive approval, the permittee shall return the permit to the Lansing office of the supervisor together with a revised application with corrected attachments and supplements. If the permittee only requests a modification of the existing permit conditions, then an additional fee is not required. Drilling shall not begin until the revised permit has been approved by the supervisor or authorized representative of the supervisor and posted at the drilling site.

(3) A permittee of a well who begins the drilling of a well and encounters drilling problems or other drilling conditions that necessitate a change shall not do either of the following:

(a) Change the well location within the drilling unit, other than as provided by R 324.203, without the prior approval of the supervisor or authorized representative of the supervisor. To receive approval to change the well location, the permittee shall return the permit to the Lansing office of the supervisor together with a revised application with corrected attachments and supplements. Drilling shall not begin at the new location until the revised permit has been issued by the supervisor or authorized representative of the supervisor.

(b) Change the method of drilling, casing and sealing programs, or other conditions of the permit without the prior approval of the supervisor or authorized representative of the supervisor. To receive approval to modify an existing permit condition only, the permittee shall contact the supervisor or authorized representative of the supervisor by letter, telephone, or visit and explain the drilling circumstances and request the necessary changes to the permit. The supervisor or authorized representative of the supervisor may give verbal approval to modify the permit with conditions for additional reporting requirements by the permittee. If approval to modify an existing permit is granted, then the revised permit and corrected attachments and supplements shall be filed, within 10 days, at the offices of the Michigan Department of Environmental Quality, Office of Oil, Gas, and Minerals, P.O.

Box 30256, Lansing, Michigan 48909. An additional permit fee is not required.

(4) A permittee of a well who desires to deepen a well below the permitted stratigraphic or producing horizon where well completion has occurred shall file an application for a deepening permit. The application shall set forth, in detail, the new proposed total depth and the plan for casing and sealing off the oil, gas, brine, or fresh water strata to be found, or expected to be found, in the deepening operation. The deepening operation shall not be commenced until the application has been approved by the supervisor or authorized representative of the supervisor. A deepening permit and an additional fee are required.

(5) A permittee of a well who desires to continue the drilling of a well below the permitted depth, but within the permitted stratigraphic or producing horizon where drilling completion or well completion has occurred, shall file an application for change of well status pursuant to R 324.511. The application shall set forth, in detail, the new proposed total depth and the plan for casing and sealing off the oil, gas, brine, or fresh water strata found, or expected to be found, when drilling is continued. The approval of the change of well status shall serve to revise the permit to reflect the new permitted depth. The continuation of drilling shall not be commenced until the application for change of well status has been approved by the supervisor or authorized representative of the supervisor.

To obtain approval to continue the drilling below the permitted depth, but within the permitted stratigraphic or producing horizon with the drilling rig then on location, the permittee shall contact the supervisor or authorized representative of the supervisor by letter, telephone, or visit and explain the circumstances for the request to continue the drilling. The supervisor or authorized representative may give verbal approval to continue the drilling below the permitted depth, but within the permitted stratigraphic or producing horizon. If approval to continue the drilling is granted, then the permittee shall file the application for change of well status pursuant to R 324.511, within 10 days of approval, at the offices of the Michigan Department of Environmental Quality, Office of Oil, Gas, and Minerals, P.O. Box 30256, Lansing, Michigan 48909. An additional permit fee is not required.

(6) If a permittee of a well conveys his or her rights as an owner of a well to another person, or ceases to be the authorized representative of the owner of a well, before final completion, then a request for the transfer of the permit to the acquiring person shall be submitted by the acquiring person to the supervisor at the offices of the Michigan Department of Environmental Quality, Office of Oil, Gas, and Minerals, P.O. Box 30256, Lansing, Michigan 48909, on forms as prescribed by the supervisor. The transfer of the permit may be approved upon receipt of a properly completed request, including the signatures of the permittee of record and the acquiring person, and upon the filing by the acquiring person of the conformance bond or a statement of financial responsibility as required by R 324.210. Pending the transfer of the existing permit, the acquiring person shall not operate the well. The acquiring person shall file an organization report pursuant to R 324.201(2)(h).

(7) A permit for a well shall not be transferred to a person who has been determined to be in violation of any of the following until the permittee has corrected the violation or the supervisor has accepted a compliance schedule and a written agreement has been reached to correct the violations:

(a) The act.

(b) These rules.

(d) Instructions.

(e) Orders of the supervisor.

(f) An order of the department of environmental quality.

An additional conformance bond covering the period of the compliance schedule may be required. The conformance bond is in addition to the conformance bonds filed pursuant to R 324.212(a) or (b).

(8) If the permittee of a well is under notice because of unsatisfactory conditions at the well site involved in the transfer, then the permit for a well shall not be transferred to a person until the permittee has completed the necessary corrective actions or the acquiring person has entered into a written agreement to correct all of the unsatisfactory conditions.

**History**
- *History: 1996 AACS; 2015 AACS; 2018 AACS.*

##### **Mich. Admin. Code R 324.207** Suspension of oil and gas operations due to failure to transfer permit {#sec-r-324.207 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.207}

Rule 207. If a permittee of a well conveys his or her rights as an owner of a well to another person, or ceases to be the authorized representative of the owner of a well, and a request for transfer of the permit under R 324.206(6) has not been approved, then, in addition to other enforcement actions, failure to comply shall be cause for immediate suspension of any or all components of the oil and gas operations on the well, including the removal or sale of oil, gas, or brine.

**History**
- *History: 1996 AACS; 2002 AACS.*

##### **Mich. Admin. Code R 324.208** Termination of permit {#sec-r-324.208 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.208}

Rule 208. (1) Subject to subrule (2) of this rule, a permit issued pursuant to R 324.201(4), or transferred pursuant to R 324.206(6) or rules that were in effect before the effective date of these rules, shall terminate 2 years after the date of issuance, unless the drilling operation has reached a depth of not less than 100 feet below the ground surface elevation and the drilling operation is diligently proceeding or the well is otherwise being used for its permitted purpose.

(2) If a permit is subject to termination under this rule, the permittee may submit a written request to the supervisor to extend the permit at least 30 days before the scheduled termination date. Upon receipt of a request, the supervisor may extend the permit for a period of up to 2 additional years provided there have been no significant changes in the features or conditions described in R 324.201, or in requirements of these rules or the act, that would require modifications of the permit.

(3) Terminated permits may not be reactivated or transferred and the permit fee shall not be refunded.

**History**
- *History: 1996 AACS; 2018 AACS.*

##### **Mich. Admin. Code R 324.209** Temporary abandonment status {#sec-r-324.209 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.209}

Rule 209. (1) A permittee of a well that has not been used for its permitted purpose during 12 consecutive months shall plug the well, unless the well is granted temporary abandonment status. Temporary abandonment status shall be allowed only upon written application to, and approval of, the supervisor or authorized representative of the supervisor.

(2) The term of the initial temporary abandonment status shall not be more than 12 months, unless the well is shut-in awaiting the connection of a sales line. For a well that is shut-in awaiting connection of a sales line, the term of the initial temporary abandonment status shall be up to and including 60 months.

(3) Extensions for temporary abandonment status beyond the initial term provided in subrule (2) of this rule may be granted by the supervisor if, after application by the permittee, the supervisor determines that waste shall be prevented. When approving the extensions, the supervisor may require special actions and monitoring by the permittee to ensure the prevention of waste.

**History**
- *History: 1996 AACS.*

##### **Mich. Admin. Code R 324.210** Conformance bond or statement of financial responsibility requirements {#sec-r-324.210 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.210}

Rule 210. (1) A person who files an application for a permit to drill and operate a well under R 324.201, or who acquires a well under R 324.206(6), shall file a conformance bond with the supervisor on a form prescribed by the supervisor or shall submit a statement of financial responsibility under subrule (2) of this rule.

(2) A statement of financial responsibility shall consist of all of the following:

(b) A copy of an independent certified public accountant’s report on examination of the person’s financial statements for the latest completed fiscal year.

(c) A special report from the person’s independent certified public accountant stating that the accountant has compared the data listed in the statement provided under subdivision (a) of this subrule with the amounts in the corresponding year-end financial statement and that nothing came to the attention of the accountant which caused the accountant to believe that the financial records should be adjusted.

(3) When a person submits a statement of financial responsibility instead of a conformance bond, a person shall meet the criteria of either subdivision (a) or (b) of this subrule, as follows:

(a) A person required to file the statement of financial responsibility shall have all of the following:

(i) Two of the following 3 ratios:

(A) A ratio of total liabilities to net worth of less than 2.0.

(B) A ratio of the sum of net income plus depreciation, depletion, and amortization to total liabilities of more than 0.1.

(C) A ratio of current assets to current liabilities of more than 1.5. Projected oil and gas reserves may be utilized in determining current assets only to the extent that the value of the reserves exceeds the projected costs of development and production.

(ii) Net working capital and tangible net worth each of which is not less than 3 times the amount of the conformance bond provided in R 324.212, if the person had elected to file a conformance bond.

(iii) Total assets in this state that are not less than 3 times the amount of the conformance bond provided in R 324.212, if the person had elected to file a conformance bond. Projected oil and gas reserves may be utilized in determining current assets only to the extent that the value of the reserves exceeds the projected costs of development and production.

(b) A person required to file a statement of financial responsibility shall have all of the following:

(i) A current rating for his or her most recent bond issuance of AAA, AA, A, or BBB as issued by Standard and Poor’s or Aaa, Aa, A, or Baa as issued by Moody’s.

(ii) A tangible net worth of not less than $2,000,000.00.

(4) A person shall submit a statement of financial responsibility to the supervisor not less than 60 days before the date the financial assurance is scheduled to take effect.

(5) After the initial submission of a statement of financial responsibility, the person shall send an updated statement of financial responsibility to the supervisor within 90 days after the close of each succeeding fiscal year.

(6) If a person no longer meets the requirements of subrule (3) of this rule, he or she shall send notice to the supervisor of the intent to establish alternate financial assurance by filing a conformance bond as specified in subrule (1) of this rule. The notice shall be sent, by certified mail, within 90 days after the end of the fiscal year for which the year-end review of the financial records shows that the person no longer meets the requirements. The person shall provide the alternate financial assurance within 120 days after the end of the fiscal year.

(7) The supervisor may, based on a reasonable belief that the person no longer meets the requirements of subrule (3) of this rule, require a report at any time from the person in addition to the information required by subrule (3) of this rule. If the supervisor finds, on the basis of a review of the report or other information, that the person no longer meets the requirements of subrule (3) of this rule, then the supervisor or authorized representative of the supervisor shall notify and inform the person. Within 30 days of the notification, the person shall provide alternate financial assurance by filing a conformance bond as specified in subrule (1) of this rule or shall bring the well to final completion. Failure to comply with this subrule shall be cause for immediate suspension of any or all components of the oil and gas operations on the well.

(8) The supervisor may require additional conformance bonds to ensure compliance with orders of the supervisor, excluding proration, statutory pooling, or spacing orders. The conformance bond shall be in addition to the conformance bonds filed under R 324.212(a), (b), or (c) and shall be required only if the supervisor determines that the existing conformance bond is not adequate to cover the estimated cost of plugging the well and conducting site restoration or other obligations of the permittee under the order. A person is not required to file additional conformance bonds under this subrule if the person has filed a blanket conformance bond or bonds in an aggregate amount of $250,000.00 or more, under R 324.212(d). Subject to the provisions of R 324.213, the additional conformance bond shall be released when the permittee has complied with all provisions of the orders of the supervisor.

(9) Conformance bonds that were in effect before the effective date of these rules shall remain in effect under the conditions upon which they were filed and accepted by the supervisor. However, in place of conformance bonds that were in effect before the effective date of these rules, a permittee may file conformance bonds or submit a statement of financial responsibility under these rules for wells permitted under the act before the effective date of these rules.

**History**
- *History: 1996 AACS; 2002 AACS; 2015 AACS.*

##### **Mich. Admin. Code R 324.211** Liability on conformance bond {#sec-r-324.211 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.211}

Rule 211. (1) The liability on the conformance bond is conditioned upon compliance with the act, these rules, permit conditions, instructions, or orders of the supervisor. Subject to the provisions in R 324.213, liability shall cover all oil and gas operations of the permittee as follows:

(a) Through transfer of the permit for the subject well under R 324.206(6).

(b) Through final completion approved by the supervisor of the subject well.

(2) The supervisor shall look to the conformance bond for immediate compliance with, and fulfillment of, the full conditions of the act, these rules, permit conditions, instructions, or orders of the supervisor. All expenses incurred by the supervisor in achieving compliance with, and fulfillment of, all conditions of the act, these rules, permit conditions, instructions, or orders of the supervisor shall be paid by the permittee or the surety or from cash or securities on deposit. The claim shall be paid within 30 days of notification to the permittee or surety that expenses have been incurred by the supervisor. If the claim is not paid within 30 days, the supervisor, acting for and on behalf of the state, may bring suit for the payment of the claim.

**History**
- *History: 1996 AACS; 2002 AACS.*

##### **Mich. Admin. Code R 324.212** Conformance bond amounts {#sec-r-324.212 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.212}

Rule 212. A person who drills or operates a well shall file a conformance bond with the supervisor for the following amounts, as applicable:

(a) Single well conformance bonds shall be filed in the following amounts, as applicable:

(i) $20,000.00 for wells up to and including 2,000 feet deep, true vertical depth.

(ii) $40,000.00 for wells deeper than 2,000 feet, but not deeper than 4,000 feet, true vertical depth.

(iii) $50,000.00 for wells deeper than 4,000 feet, but not deeper than 7,500 feet, true vertical depth.

(iv) $60,000.00 for wells deeper than 7,500 feet, true vertical depth.

(b) A person may file single well conformance bonds in an amount equal to 1/2 of the amount specified in subdivision (a) of this rule for wells where well completion operations have not commenced. A person shall not file single well conformance bonds under this subdivision for more than 5 wells. A person shall file single well conformance bonds in the full amount specified in subdivision (a) of this rule or file a blanket conformance bond as specified in subdivision (c) of this rule or submit a statement of financial responsibility pursuant to R 324.210 before the commencement of well completion operations on any well.

(c) Blanket conformance bonds may be filed as an alternative to single well conformance bonds. If a blanket conformance bond is utilized, then the permittee shall provide the supervisor with a list of wells covered by the blanket conformance bond. A maximum of 100 wells may be covered by a blanket conformance bond. If the permittee has more than 100 wells in a category, then the additional wells may be covered by single well conformance bonds or additional blanket conformance bonds. Blanket conformance bonds shall be filed in the following amounts, as applicable:

(i) $100,000.00 for wells up to and including 2,000 feet deep, true vertical depth.

(ii) $200,000.00 for wells deeper than 2,000 feet, but not deeper than 4,000 feet, true vertical depth.

(iii) $250,000.00 for wells deeper than 4,000 feet, true vertical depth.

(d) A person shall not be required to file a blanket conformance bond or bonds in an aggregate amount of more than $250,000.00. When the aggregate amount of the conformance bonds is $250,000.00, the permittee may file 1 blanket conformance bond of $250,000.00 to cover all of his or her wells.

**History**
- *History: 1996 AACS; 2018 AACS.*

##### **Mich. Admin. Code R 324.213** Cancellation of conformance bonds issued by a surety {#sec-r-324.213 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.213}

Rule 213. (1) A surety company may cancel a conformance bond acquired under these rules upon 90 days' notice to the supervisor of the effective date of cancellation. However, the surety company shall retain liability for all violations of the act, these rules, permit conditions, instructions, or orders of the supervisor that occurred during the time the conformance bond was in effect.

(2) Forty days before the effective date of cancellation, as provided in subrule (1) of this rule, a permittee shall secure a conformance bond from another surety company authorized to do business in the state of Michigan, deposit cash or other securities, or bring the well to final completion. Failure to comply with this subrule shall be cause for the immediate suspension of any or all components of the oil and gas operations on the well.

(3) A surety company shall remain liable until the violations have been corrected and the corrections are accepted by the supervisor forall violations of the act, these rules, permit conditions, instructions, or orders of the supervisor that occurred at the well during the time the conformance bond was in effect before the effective date of cancellation.

**History**
- *History: 1996 AACS; 2002 AACS.*

##### **Mich. Admin. Code R 324.214** Limitation of additional liability of blanket conformance bonds {#sec-r-324.214 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.214}

Rule 214. A surety company may refuse to accept liability for additional wells under a blanket conformance bond by giving 10 days’ notice by registered mail to the supervisor.

Subject to the provisions of R 324.213, the blanket conformance bond shall continue in full force and effect as to all other wells covered by the blanket conformance bond for which permits were granted or transferred to the permittee before the effective date of the notice.

**History**
- *History: 1996 AACS.*

##### **Mich. Admin. Code R 324.215** Release of conformance bonds; release of well from blanket conformance bond {#sec-r-324.215 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.215}

Rule 215. (1) A conformance bond shall be released or a well shall be released from a blanket conformance bond, subject to the provisions of R 324.213, by the supervisor or authorized representative of the supervisor if a permittee disposes of the well and the permit for the well has been transferred to a new person pursuant to R 324.206(6) or if the well has been plugged and proper site restoration has been performed pursuant to R 324.1003, including the filing of the mandatory records.

(2) The release of the conformance bond or the release of a well from a blanket conformance bond does not release a permittee from liability for any violations of the act, these rules, permit conditions, instructions, or orders of the supervisor which occurred during the time the conformance bond was in effect and which have not been corrected and accepted by the supervisor.

(3) A conformance bond filed to comply with a permit that has become terminated shall be released if there is final completion.

**History**
- *History: 1996 AACS.*

##### **Mich. Admin. Code R 324.216** Notice of release of conformance bond or release of well from blanket conformance bond {#sec-r-324.216 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.216}

Rule 216. (1) The supervisor or authorized representative of the supervisor shall advise the surety company and the permittee when the conformance bond has been released or a well has been released from a blanket conformance bond.

(2) The supervisor or authorized representative of the supervisor shall return cash to the permittee or securities to the institution that provided the bonding instrument when the conformance bond has been released.

PART 3. SPACING AND LOCATION OF WELLS

**History**
- *History: 1996 AACS.*

##### **Mich. Admin. Code R 324.301** Drilling unit; well location; exceptions {#sec-r-324.301 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.301}

Rule 301. (1) The following provisions specify requirements for the location and spacing of wells to be drilled for oil or gas, or for wells for oil and gas where a change of well status or stimulation of the well will result in changes to the producing interval, except for injection wells and wells to be drilled in gas storage reservoirs, liquid petroleum gas storage reservoirs, unitized areas, and other specifically designated areas or geological formations where special spacing orders, rules, or determinations are in effect:

(a) The drilling unit for wells for oil or gas shall be a legal subdivision of 40 acres, more or less, defined as a governmental surveyed quarter-quarter section of land. The drilling unit shall conform to 1 of the quarter-quarters of a governmental surveyed section of land, with allowances being made for the differences in the size and shape of sections as indicated by official governmental survey plats.

(b) The producing interval of a well for oil or gas shall be not less than 330 feet from the drilling unit boundary.

(c) For purposes of interpreting requirements for the location and spacing of wells under these rules, the producing interval location of a well that is not intentionally drilled directionally or horizontally shall be presumed to be directly beneath the well location.

(d) A permit may be issued on a drilling unit that is not totally leased, pooled, or communitized subject to the following conditions:

(i) The application for permit shall be accompanied by a certified statement establishing that a good faith effort had been made to obtain the lease or leases or to obtain a communitization agreement to form a full drilling unit and that such effort failed.

(ii) No portion of the well bore shall transect any tract prior to such time as the tract is leased, pooled, or communitized.

(iii) The permittee of the well shall not construct or operate any portion of the well, drill pad, access road, pipeline, or other drilling operations or well completion operations subject to the permit on any tract that is not leased unless the permittee has obtained the necessary rights to construct or operate under a surface access agreement or other applicable instrument.

(iv) Before the well is placed on regular production, a pooled drilling unit shall be formed by voluntary agreement or statutory pooling pursuant to R 324.304.

(2) The well surface location and associated surface facilities for wells drilled and constructed after September 20, 1996 shall be located not less than 300 feet from existing recorded fresh water wells and reasonably identifiable fresh water wells utilized for human consumption and existing structures used for public or private occupancy.

(3) The well separators, storage tanks, and treatment equipment installed or constructed after September 20, 1996 shall be located not less than 2,000 feet from type I and IIa public water supply wells and not less than 800 feet from type IIb and III public water supply wells, as defined in the safe drinking water act, 1976 PA 399, MCL 325.1001 to 325.1023.

(4) Exceptions to the location and spacing of wells may be granted in the following instances:

(a) The supervisor or authorized representative of the supervisor issues a permit for an off-pattern or nonconforming drilling unit well after a hearing to determine the need or desirability of issuing the permit. The wells shall be subject to the restricted or adjusted allowables that the supervisor considers necessary to ensure that the owners shall be afforded the opportunity to produce their just and equitable share of the oil and gas from the reservoir and to prevent waste.

(b) The supervisor or authorized representative of the supervisor issues a permit for a well where the surface location is closer than 300 feet from all existing recorded fresh water wells and reasonably identifiable fresh water wells utilized for human consumption and existing structures used for public or private occupancy upon presentation, to the supervisor, of written consent signed by the owner or owners of all existing fresh water wells and reasonably identifiable fresh water wells utilized for human consumption and existing structures used for public or private occupancy.

(c) The supervisor determines the well surface location or location of associated surface facilities will prevent waste, protect environmental values, and not compromise public safety after a hearing pursuant to part 12 of these rules.

(d) The supervisor approves an application to pool or communitize tracts or mineral interests pursuant to R 324.303(2).

**History**
- *History: 1996 AACS; 2015 AACS.*

##### **Mich. Admin. Code R 324.302** Adoption of special spacing orders {#sec-r-324.302 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.302}

Rule 302. The development of an oil or gas field may warrant the adoption of drilling units and well spacing patterns other than as specified in R 324.301(1). An interested person may request, or the supervisor may schedule, a hearing pursuant to part 12 of these rules to consider the need or desirability of adopting a special spacing order to apply to a designated area, field, pool, or geological strata. The drilling unit established by the special spacing order may be smaller or larger than the basic 40-acre unit pursuant to R 324.301(1)(a).

**History**
- *History: 1996 AACS; 2015 AACS.*

##### **Mich. Admin. Code R 324.303** Voluntary pooling {#sec-r-324.303 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.303}

Rule 303. (1) The lessees or lessors, or both, of separate tracts or mineral interests that lie partially or wholly within an established drilling unit or larger area may pool or communitize the tracts or interests to form full drilling units or multiples of full drilling units and to develop the units pursuant to the provisions of these rules and the applicable orders of the supervisor.

(2) Persons who pool or communitize the tracts or interests may submit an application to the supervisor to abrogate spacing within the pooled or communitized area. The application shall include a certified copy of the pooling or communitization agreement and the plans for exploration or development. The supervisor may approve the application if all of the following conditions are satisfied:

(a) Waste is prevented.

(b) The drilling of unnecessary wells is prevented.

(3) The lessees and lessors of separate tracts or mineral interests that lie partially or wholly within an area encompassing 2 or more full drilling units may voluntarily pool the tracts or interests to form a development unit for the purpose of receiving a permit for a well as an exception to R 324.301(1) or special spacing orders adopted pursuant to R 324.302, if the producing interval location of the well is found by the supervisor to ensure each producer is afforded the opportunity to use his or her just and equitable share of the reservoir energy and to prevent waste, including the drilling of unnecessary wells.

**History**
- *History: 1996 AACS; 2015 AACS.*

##### **Mich. Admin. Code R 324.304** Statutory pooling {#sec-r-324.304 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.304}

Rule 304. The supervisor may require the pooling of tracts or mineral interests within a drilling unit when the owners of the tracts or mineral interests have not agreed, or do not agree, upon the pooling of the interests to form full drilling units pursuant to these rules and the applicable spacing orders. The statutory pooling shall be done on a basis which ensures that each owner of an interest within a drilling unit is afforded the opportunity to receive his or her just and equitable share of the production from the unit. Statutory pooling shall be adopted by the supervisor only after a hearing pursuant to part 12 of these rules.

PART 4. DRILLING AND WELL CONSTRUCTION

**History**
- *History: 1996 AACS; 2015 AACS.*

##### **Mich. Admin. Code R 324.401** Preventing waste {#sec-r-324.401 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.401}

Rule 401. A person who drills a well or wells as described in R 324.201(1) shall use every reasonable precaution to prevent waste.

**History**
- *History: 1996 AACS.*

##### **Mich. Admin. Code R 324.402** Drilling notification {#sec-r-324.402 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.402}

Rule 402. Not less than 5 days before preparing the location and not less than 48 hours before moving drilling equipment on location, the permittee shall notify the supervisor or authorized representative of the supervisor and the surface owner when well construction is to begin. Notice may be given verbally or by first-class United States mail.

**History**
- *History: 1996 AACS.*

##### **Mich. Admin. Code R 324.403** Construction of water wells used for drilling or surface facilities {#sec-r-324.403 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.403}

Rule 403. (1) A water well that is drilled and used for drinking water purposes during the drilling of the well or retained after drilling completion or final completion must be drilled pursuant to rules promulgated under part 127 of the public health code, 1978 PA 368, MCL 333.12701 to 333.12771.

(2) A water well that is not to be retained after drilling completion or final completion m u s t be completed and abandoned as instructed by the supervisor and must meet all of the following minimum requirements:

(a) The well must be located not less than 50 feet from drilling mud pits, pipe racks, salt and mud mixing sites, and the wellhead.

(b) The water used in the drilling fluid must be chlorinated fresh waterthat is free of contamination in concentrations that may cause disease or harmful physiological effects.

(c) The well must be grouted pursuant to the well construction and grouting rules contained in the well construction code promulgated under part 127 of the public health code, 1978 PA 368, MCL 333.12701 to 333.12771.

(d) Geologic records must be filed with the supervisor on a form prescribed by the supervisor.

(e) The wellhead, including annulus, must be sealed and a check valve must be installed in the surface discharge line to prevent contaminants from entering the well.

(f) The well must be abandoned and plugged pursuant to the plugging and abandonment rules contained in the well construction code promulgated under part 127 of the public health code, 1978 PA 368, MCL 333.12701 to 333.12771.

**History**
- *History: 1996 AACS; 2019 AACS.*

##### **Mich. Admin. Code R 324.404** Use of surface water for drilling prohibited; exception {#sec-r-324.404 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.404}

Rule 404. Surface water shall not be used for drilling fluid, except for emergency situations to protect the public health and safety.

**History**
- *History: 1996 AACS.*

##### **Mich. Admin. Code R 324.405** Drilling fluids generally {#sec-r-324.405 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.405}

Rule 405. The drilling fluid used for drilling wells described in R 324.201(1) m u s t be capable of sealing off and protecting each oil, gas, brine, or fresh water stratum above the stratigraphic or producing horizon and controlling subsurface pressures. The water or brines used in the drilling fluid must be from a source approved by the supervisor or authorized representative of the supervisor, used pursuant to approved safe drilling practice, and tested as instructed by the supervisor, except that the water used in the drilling fluid for the drilling of the hole for the surface casingmust be fresh water that is free of contamination in concentrations that may cause disease or harmful physiological effects.

**History**
- *History: 1996 AACS; 2019 AACS.*

##### **Mich. Admin. Code R 324.406** Blowout prevention equipment {#sec-r-324.406 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.406}

Rule 406. (1) All wells shall be equipped with the following equipment:

(a) A double ram blowout preventer, including pipe and blind rams, and an annular-type blowout preventer or other equivalent control system as approved by the supervisor or authorized representative of the supervisor.

(b) Accessible controls both on the rig floor and at a safe remote location.

(d) A drill pipe safety valve.

(e) A flow line of the proper size and working pressure.

(f) Blowout prevention equipment that has a rated working pressure which equals or exceeds the maximum anticipated surface pressure of the well.

(3) Blowout preventers, accumulators, and pumps shall be certified as operable under the product manufacturer's minimum operational specifications.

Certification shall include the proper operation of the closing unit valving, the pressure gauges, and the manufacturer's recommended accumulator fluids. Certification shall be obtained through an independent company that tests blowout preventers, stacks, and casings. Certification shall be required annually and shall be posted on the rig floor. In addition to the primary closing system, including an accumulator system, the blowout preventers shall have a secondary system. A combination of any 2 of the following secondary closing systems is acceptable:

(a) Electric-operated pump.

(b) Air-operated pump.

(d) Nitrogen-operated pump.

(4) Blowout prevention equipment shall be tested to a pressure commensurate with the expected formation pressure, but not less than 1,000 psig at surface for not less than 20 minutes, before drilling the plug on the surface casing, intermediate casing, and the production casing and before encountering all high-pressure formations and at other intervals as approved or requested by the supervisor. When requested, an authorized representative of the supervisor shall be notified before the commencement of a test. A record of each test, including test pressures, times, failures, and each mechanical test of the casings, blowout preventers, surface connections, surface fittings, and auxiliary wellhead equipment shall be entered in the logbook, signed by the driller, and kept available for inspection by the supervisor or authorized representative of the supervisor.

(5) A trip tank, or an accurate drilling fluid monitoring system, and a gas buster and flare system shall be in place when penetrating the A2 carbonate or any known or suspected overpressurized formations. Permission to change or modify the requirements specified in this subrule may be granted by submitting a written request to the supervisor or authorized representative of the supervisor. The requirements may be changed or modified only after submission of a written request and receipt of written approval from the supervisor or authorized representative of the supervisor.

(6) An exception to all or part of this rule may be granted by the supervisor or authorized representative of the supervisor when drilling in shallow low-pressure formations. The supervisor or authorized representative of the supervisor may grant an exception upon receipt of an application for a permit that is accompanied by a written request and supportive data.

**History**
- *History: 1996 AACS.*

##### **Mich. Admin. Code R 324.407** Drilling mud pits {#sec-r-324.407 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.407}

Rule 407. (1) The supervisor shall prohibit the use of a drilling mud pit if it is determined that the mud pit causes waste.

(2) Drill cuttings, muds, and fluids shall be confined by a pit, tank, or container which is of proper size and construction and which is located as approved by the supervisor or authorized representative of the supervisor.

(3) Only tanks shall be utilized while drilling a well that is located in an area zoned residential before January 8, 1993. The supervisor may grant an exception if the applicant or permittee makes a request for an exception as part of the written application for a permit.

The supervisor may grant an exception if an applicant or permittee satisfactorily demonstrates that a municipal water system is utilized or required to be utilized.

(4) Drilling mud pits shall be located and plotted as instructed by the supervisor. Before construction of the mud pit, a permittee shall demonstrate to the supervisor or authorized representative of the supervisor that there is not less than 4 feet of vertical isolation between the bottom of the pit and the uppermost groundwater level. The bottom of the liner shall not be installed within the observed groundwater level as determined while excavating the pit. If groundwater is encountered during or before construction of the pit, then the permittee shall select 1 of the following options and obtain the approval for the option from the supervisor or authorized representative of the supervisor:

(a) The pit shall be designed and constructed so the bottom of the pit is not less than 4 feet above the groundwater level.

(b) The pit shall be designed and constructed so the bottom of the pit is above the groundwater level, but less than 4 feet above the groundwater level, and during encapsulation the pit contents shall be solidified using a method approved by the supervisor.

(c) The pit shall be relocated at the well site as approved by the supervisor or authorized representative of the supervisor.

(d) Tanks shall be used, and drilling muds disposed of, at an approved off-site location.

(5) Drilling mud pits shall be constructed as instructed by the supervisor and shall be in compliance with both of the following minimum requirements:

(a) Pits shall be constructed with rounded corners and side slopes of not less than 20 degrees measured from the vertical.

(b) The bottom and sides of the pit shall be free of objects that could penetrate the liner.

(6) Drilling mud pits shall be lined as instructed by the supervisor and shall be in compliance with all of the following minimum requirements:

(a) Pits shall be lined with 20-mil virgin polyvinyl chloride liners as approved by the supervisor or with other liners that meet or exceed the 20-mil virgin polyvinyl chloride liner requirement.

(b) Ample liner material shall be installed in a manner to allow for sags and material loading to reduce stress on the liner and allow for a minimum 10-foot flat apron on all sides, including enough liner material to underlay the drilling mud tank, salt washer, and shale shaker.

(c) The bottom of the lined pit shall be weighted with earthen material or water before anchoring the ends of the liner on the surface or placing drilling muds in the pit.

(d) Ripping, tearing, puncturing, or other destruction of a liner that may cause loss of fluids is prohibited.

(7) Drilling mud pits shall be utilized as instructed by the supervisor and shall be in compliance with all of the following minimum requirements:

(a) Solid salt cuttings shall not be released to inground drilling mud pits. Solid salt cuttings obtained while drilling below the base of the Detroit River Anhydrite to the top of the Amherstburg formation and while drilling through the formations in the Salina Group shall be collected in a container at the shale shaker and either diverted to a device that will result in the dissolving of the solid salt cuttings and the proper disposal of the resultant brine pursuant to R 324.703 or removed from the drilling site to a licensed disposal facility.

(b) Twenty-four months after the effective date of these rules, only the following may be placed in a lined pit:

(i) Water-based drilling muds generated or utilized while drilling above the base of the Detroit River Anhydrite.

(ii) Drilling fluids generated or utilized while drilling above the base of the Detroit River Anhydrite.

(iii) Cuttings obtained while drilling above the base of the Detroit River Anhydrite.

(iv) Cuttings and the solid fraction of drilling muds generated or utilized while drilling below the base of the Detroit River Anhydrite, other than drill cuttings prohibited by subdivision (a) of this subrule, if the cuttings and the solid fraction of drilling muds do not contain free liquids as determined by the United States environmental protection agency, paint filter liquids test, method 9095, September 1986 edition, which is adopted by reference in these rules. Copies are available for inspection at the Lansing office of the office of oil, gas, and minerals of the department of environmental quality. Copies may be obtained without charge as of the time of adoption of these rules from the Michigan Department of Environmental Quality, Office of Oil, Gas, and Minerals, P.O. Box 30256, Lansing, Michigan 48909, or from the United States Environmental Protection Agency, Office of Research and Development, 26 West Martin Luther King Boulevard, Cincinnati, Ohio 45268. A permittee shall provide the necessary equipment at the site of the drilling rig to perform the paint filter liquids test.

(v) Water-based drilling muds and entrained cuttings, other than drill cuttings prohibited by subdivision (a) of this subrule, which are generated or utilized while drilling below the base of the Detroit River Anhydrite, which contain weighting materials or lost circulation materials, and which cannot reasonably be treated to eliminate free liquids as determined by the paint filter liquids test identified in paragraph (iv) of this subdivision, if approved by the supervisor or authorized representative of the supervisor.

(vi) Native soils.

(vii) Cementing materials.

(viii) Stiffening or solidification materials approved by the supervisor.

(c) During the initial 24 months after the effective date of these rules, only the following may be placed in a lined pit:

(i) Water-based drilling muds.

(ii) Drilling fluids.

(iii) Cuttings that are not prohibited by subdivision (a) of this subrule.

(iv) Native soils.

(v) Cementing materials.

(vi) Stiffening or solidification materials approved by the supervisor.

(d) Machine oil, refuse, completion and test fluids, liquid hydrocarbons, or other materials may not be placed in a lined pit.

(e) A permittee of a well shall, before encapsulation, test the fluids and cuttings remaining in the pit to determine the concentrations of benzene, ethylbenzene, toluene, and xylene and provide certification to the supervisor or authorized representative of the supervisor of the test results, except that a permittee is not required to test the fluids and cuttings remaining in the pit for benzene, ethylbenzene, toluene, and xylene if the well was drilled with water from a source approved by the supervisor and if, during the drilling operation, liquid hydrocarbons were not encountered.

(9) A permittee of a well shall close a drilling mud pit as instructed by the supervisor and be in compliance with all of the following minimum requirements:

(a) All free liquids above the solids in the pit shall be removed to the maximum extent practical and disposed of in an approved disposal well or used in a manner approved by the supervisor.

(b) All drilling mud pits shall be stiffened before encapsulation, except as provided in subrule (4)(b) of this rule. Earthen materials shall be mixed with the pit contents to stiffen the pit contents sufficiently to provide physical stability and support for the pit cover. An alternative pit stiffening process approved by the supervisor may be used at the option of a permittee or if required by the supervisor.

(c) The drilling mud pit shall be carefully encapsulated and buried as soon as practical after drilling completion, but not more than 6 months after drilling completion.

(d) Apron edges of the liner shall be folded over the pit proper.

(e) The drilling mud pit shall be totally covered with a separate piece of material that meets or exceeds the specifications of a 20-mil virgin polyvinyl chloride cover as approved by the supervisor. The cover shall extend beyond the outer edges of the pit to cover and entirely encapsulate the pit and shall be sloped to provide surface drainage away from the pit.

(f) The drilling mud pit shall be buried not less than 4 feet below the original ground grade level.

**History**
- *History: 1996 AACS; 2015 AACS.*

##### **Mich. Admin. Code R 324.408** Surface casing {#sec-r-324.408 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.408}

Rule 408. (1) Surface casing shall be set a minimum of 100 feet below the base of the glacial drift into competent bedrock and 100 feet below all fresh water strata.

(2) Surface casing shall be cemented pursuant to R 324.411 and shall be circulated to the surface. If the cement falls back or fails to circulate to the surface, then the open annulus space shall be sealed with cement or other equivalent materials approved by the supervisor or authorized representative of the supervisor before resuming drilling.

**History**
- *History: 1996 AACS.*

##### **Mich. Admin. Code R 324.409** Wells drilled with cable tools {#sec-r-324.409 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.409}

Rule 409. Wells drilled with cable tools shall have the innermost string of casing equipped with a high-pressure master gate valve, flow line assembly, control head with oil saver, bottle with hydraulic lubricator, or other combination of equipment approved by the supervisor or authorized representative of the supervisor. All of the equipment shall be anchored to the surface casing or another casing string before drilling into or through a stratum known to contain or likely to contain oil or gas. The wellhead equipment and casing to be installed to keep a well under control shall be pressure-tested commensurate to formation pressures, shall be in good working order when installed, shall be maintained in good working order throughout its use on the well, and shall be capable of being equipped with a bottle or lubricator, or both, when this method of control is necessary. The annulus shall be sealed with a bradenhead or other approved equipment that has a connection and valve for monitoring.

**History**
- *History: 1996 AACS.*

##### **Mich. Admin. Code R 324.410** Casing other than surface casing {#sec-r-324.410 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.410}

Rule 410. (1) A person who drills a well or causes a well to be drilled pursuant to R 324.201 or rules that were in effect before the effective date of these rules shall case the well in a manner approved by the supervisor to prevent waste.

(2) In addition to the surface casing, the supervisor may require or order a string of casing to be run to seal off any of the following:

(a) A potentially productive oil or gas zone, or both.

(b) A lost circulation zone.

(d) A storage field.

(e) A high-pressure zone.

(f) A reservoir undergoing secondary recovery.

(3) All casing, except for casing set pursuant to R 324.413, shall be of sufficient weight, grade, and condition to have a designed minimum internal yield of 1.2 times the greatest expected well bore pressure to be encountered.

(4) For the purpose of proper sealing of wells and the prevention of waste, the minimum hole size for a given casing shall be as shown in table 410:

Table 410 Minimum Hole Size Casing size Minimum hole size outside diameter (O.D.)-inches outside diameter inches Up to 7 O.D. Casing O.D. + 1 1/2 More than 7 O.D. Casing O.D. + More than 10 3/4 O.D. Casing O.D. + An exception to the minimum hole size as shown in table 410 may be granted by the supervisor or authorized representative of the supervisor, upon a written request by the permittee or applicant, if it is determined that the proposal provides proper sealing of the well. The supervisor or authorized representative of the supervisor may require a larger hole size for the surface hole than the size shown in table 410 in order to prevent waste.

**History**
- *History: 1996 AACS.*

##### **Mich. Admin. Code R 324.411** Cementing {#sec-r-324.411 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.411}

Rule 411. Well casing shall be cemented by the pump and plug method or by a method approved by the supervisor and allowed to set undisturbed at static balance with the casing in tension, with surface pressure released, and with no backflow until the tail-in slurry reaches 500 psi compressive strength, but for not less than 12 hours; however, if backflow occurs, then the surface pressure shall not be released. The cement mixture shall be of a composition and volume approved by the supervisor or authorized representative of the supervisor. The casing shall be pressure-tested before the cement plugs are drilled or the casing perforated. The pressure at the top of the cement shall be equal to the expected operating pressure of the well; however, the test pressure shall not exceed the API specification for hydrostatic test pressure for new casing, API specification 5CT, specification for casing and tubing, July 2011, ninth edition, which is adopted by reference in these rules. Copies are available for inspection at the Lansing office of the office of oil, gas, and minerals of the department of environmental quality. Copies may be obtained from the Michigan Department of Environmental Quality, Office of Oil, Gas, and Minerals, P.O.

Box 30256, Lansing, Michigan 48909, at a cost as of the time of adoption of these rules of $237.00 each, and from the American Petroleum Institute, 1220 L Street NW, Washington, DC 20005, at a cost as of the time of adoption of these rules of $237.00 each.

**History**
- *History: 1996 AACS; 2015 AACS.*

##### **Mich. Admin. Code R 324.412** Stripping of casing {#sec-r-324.412 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.412}

Rule 412. (1) A permittee of a well shall not pull or strip a string of casing from a well, except under the following circumstances:

(a) When provision is made for the removal of casing in the casing and sealing program specified in the application for permission to drill and operate.

(b) When casing is pulled and reset in the same stratum to obtain a satisfactory casing seat.

(c) When a well is being plugged back or is being plugged to the surface under the change of well status provided in R 324.511 or the plugging instructions set forth in R 324.902.

(2) A permittee of a well shall seal the annular space left open and the stratum exposed by the approved pulling and stripping of casing in a manner approved by the supervisor or authorized representative of the supervisor.

**History**
- *History: 1996 AACS.*

##### **Mich. Admin. Code R 324.413** Drilling to strata beneath gas storage reservoirs {#sec-r-324.413 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.413}

Rule 413. Except when special orders have been adopted for specific reservoirs, areas, or practices, all of the following provisions about drilling to strata beneath gas storage reservoirs shall apply:

(a) The applicant shall send a copy of the entire drilling permit application and all revisions to the gas storage operator when the application and revisions are submitted to the supervisor. The gas storage operator shall have 10 business days to provide written comments to the supervisor.

(b) Drilling operations shall proceed through gas storage zones only when the gas storage reservoir pressure exerts a pressure gradient of not more than 0.50 psig per foot of true vertical depth to the top of the gas storage zone.

(c) Drilling rigs for wells drilled through gas storage reservoirs shall use rotary tools and shall have blowout prevention equipment pursuant to R 324.406. Complete operational checks of the well control appliances shall be made every 8 hours, with the well control system initially checked by pressure testing and checked again before drilling into the gas storage reservoir. The 8-hour checks shall be recorded in the daily driller's log.

(d) Surface casing and any other protective casing string required above the gas storage reservoir shall be new casing manufactured in compliance with the API specifications for casing and tubing as adopted by reference in R 324.411, the properties and design of which have been approved by the supervisor or authorized representative of the supervisor.

Surface casing and any other protective casing string shall be designed to withstand the required test pressures as set forth in R 324.410(3). Surface casing shall be set pursuant to R 324.408. Surface casing shall be cemented to the surface and not disturbed for a period of 18 hours after completion of cementing. Cement shall attain a minimum compressive strength of 500 psi before disturbing the casing or resuming drilling. Surface casing, other protective casing strings, and blowout preventers shall be tested pursuant to R 324.406(4) before drilling out the cement, unless otherwise specified by the supervisor or authorized representative of the supervisor.

(e) Drilling fluid shall be circulated and conditioned at a point not less than 100 feet above the gas storage reservoir and shall be maintained with the following characteristics until the gas storage reservoir is cased off:

(i) Drilling fluid density shall be sufficient to provide a hydrostatic pressure of not less than 100 psig above the anticipated bottom hole pressure of the gas storage reservoir.

(ii) When drilling through the storage reservoir, the drilling fluid shall have a maximum fluid loss of 15 cubic centimeters or less as specified by the API standard procedure for testing drilling fluids, API RP 13B-1, entitled “Recommended Practice for Field Testing Water-Based Drilling Fluids,” March, 2009, fourth edition, which is adopted by reference in these rules. Copies are available for inspection at the Lansing office of the office of oil, gas, and minerals of the department of environmental quality. Copies may be obtained from the Michigan Department of Environmental Quality, Office of Oil, Gas, and Minerals, P.O.

Box 30256, Lansing, Michigan 48909, at a cost as of the time of adoption of these rules of $165.00 each, and from the American Petroleum Institute, 1220 L Street NW, Washington, DC 20005, at a cost as of the time of adoption of these rules of $165.00 each.

(f) Hole size shall be large enough to allow the running of a separate intermediate casing, which shall be set through each gas storage reservoir. The casing shall be new and conform to the API specification and performance properties for casing, tubing, and drill pipe, API BULL 5C3, entitled “Bulletin on Formulas and Calculations for Casing, Tubing, Drill Pipe, and Line Pipe Properties, October 1, 1994,” sixth edition, which is adopted by reference in these rules. Copies are available for inspection at the Lansing office of the office of oil, gas, and minerals of the department of environmental quality. Copies may be obtained from the Michigan Department of Environmental Quality, Office of Oil, Gas, and Minerals, P.O.

Box 30256, Lansing, Michigan 48909, at a cost as of the time of adoption of these rules of $206.00 each, and from the American Petroleum Institute, 1220 L Street NW, Washington, DC 20005, at a cost as of the time of adoption of these rules of $206.00 each. The gas storage operator shall be allowed to review the intermediate casing design and cementing program before implementation. Intermediate casing shall be set in competent stratum approximately 100 feet below the base of the gas storage reservoir or set as required by the supervisor or authorized representative of the supervisor. Intermediate casing shall be designed for the maximum gas storage reservoir operating pressure using a minimum collapse design factor of 1.125, a minimum burst design factor of 1.25, and a minimum tension design safety factor of 1.6. The minimum hole size for a given size casing shall be pursuant to R 324.410(4). The hole shall be properly conditioned before running casing by circulating the drilling fluid at a rate equal to the drilling circulating rate and by utilizing a circulating time equivalent of not less than twice the hole displacement. Casing shall be equipped with a sufficient number of centralizers and scratchers to ensure good cement distribution and shall include centralizers above and below the gas storage reservoir. All centralizers shall conform to the API for casing centralizers, API specification 10D, entitled “Specification for Bow-Spring Casing Centralizers,” March 6, 2002, sixth edition, which is adopted by reference in these rules. Copies are available for inspection at the Lansing office of the office of oil, gas, and minerals of the department of environmental quality. Copies may be obtained from the Michigan Department of Environmental Quality, Office of Oil, Gas, and Minerals, P.O. Box 30256, Lansing, Michigan 48909, at a cost as of the time of adoption of these rules of $89.00 each, and from the American Petroleum Institute, 1220 L Street NW, Washington, DC 20005, at a cost as of the time of adoption of these rules of $89.00 each. Casing shall include float equipment that will prevent movement after the cementing operation is completed. If conditions allow, casing shall be rotated or reciprocated slowly during cementing. The mill varnish shall be removed from the casing shoe to a point 100 feet above the storage reservoir. An acceptable spacer that is at least as dense as the drilling fluid shall precede the cement to aid in removing the drilling fluid. Cement mix water shall be tested before the cementing operation to ensure compatibility with the cement. The casing shall be cemented using a sufficient cement volume to circulate cement to the surface. Multistage cementing operations and external casing packers may be used only with the approval of the supervisor or authorized representative of the supervisor. Cemented casing shall not be disturbed for a period of 18 hours. Cement shall also attain a minimum compressive strength of 500 psi based on cement tables before disturbing the casing or resuming drilling. Absent backflow, the internal casing pressure shall be relieved after the cementing operation. Intermediate casing and the blowout preventers shall be tested to a pressure of not less than 1,500 psig at the surface or as otherwise specified by the supervisor or authorized representative of the supervisor, and the pressure shall be held for not less than 20 minutes before drilling out the cement.

(g) When additional intermediate casing is run inside the innermost storage zone casing, below the base of the Detroit river group, the intermediate casing string and cementing shall be pursuant to these rules and the orders and instructions issued by the supervisor.

(h) A centralized cement bond evaluation log or equivalent test approved by the supervisor shall be performed on the storage zone casing before running subsequent casing or plugging the hole, but not sooner than 48 hours after cementing the storage zone intermediate casing. A description of problems occurring while running or cementing casing shall be recorded in the daily driller's log. If unsatisfactory conditions are indicated, including unsatisfactory cement bonding, gas to the surface in the cellar area, or gas pressure on the surface or intermediate casing string annulus, and additional testing does not provide sufficient proof the unsatisfactory condition does not exist, then the permittee shall initiate remedial action before additional casing is installed.

(i) Wellhead equipment and assemblies shall conform to the API specification for wellhead equipment, and shall include slip and seal assemblies for all casings, unless an exception is approved by the supervisor or authorized representative of the supervisor. The API specification for wellhead equipment is specification 6A, entitled “Specification for Wellhead and Christmas Tree Equipment,” October, 2010, twentieth edition, which is adopted by reference in these rules. Copies are available for inspection at the Lansing office of the office of oil, gas, and minerals of the department of environmental quality. Copies may be obtained from the Michigan Department of Environmental Quality, Office of Oil, Gas, and Minerals, P.O. Box 30256, Lansing, Michigan 48909, at a cost as of the time of adoption of these rules of $260.00 each, and from the American Petroleum Institute, 1220 L Street NW, Washington, DC 20005, at a cost as of the time of adoption of these rules of $260.00 each. The wellhead shall be assembled to allow the monitoring of the pressure of each annulus at the surface.

(j) The permittee shall notify the gas storage operator before moving personnel or equipment, or both, onto the well location to ensure all of the following:

(i) That the proposed well location does not endanger gas storage facilities or storage operations.

(ii) That the movement of drilling rigs, related trucks, and equipment does not endanger gas storage facilities or storage operations.

(iii) That the gas storage operator is allowed to witness drilling operations that impact the gas storage reservoir.

**History**
- *History: 1996 AACS; 2015 AACS.*

##### **Mich. Admin. Code R 324.414** Requests for exceptions to R 324.406 through R 324.413 {#sec-r-324.414 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.414}

Rule 414. If a permittee of a well demonstrates alternative methods that are in compliance with the requirements of these rules, then the request for an exception to the provisions of R 324.406 through R 324.413 and the rationale for the alternate methods shall be included in the application for permission to drill or shall be submitted in writing to the supervisor.

**History**
- *History: 1996 AACS.*

##### **Mich. Admin. Code R 324.415** Elevations; well depth measurements {#sec-r-324.415 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.415}

Rule 415. (1) Drilling reference elevations of the kelly bushing or rig floor and a described point on the production casing shall be measured, recorded, and filed pursuant to R 324.418.

(2) The depth of the top of key geologic strata shall be accurately determined and shall be entered in the drilling log book and become a part of the record and log of the well.

Additional requirements for directional drilled wells are contained in R 324.421.

**History**
- *History: 1996 AACS.*

##### **Mich. Admin. Code R 324.416** Well records; service company records; confidentiality {#sec-r-324.416 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.416}

Rule 416. (1) A person who drills, deepens, changes well status, or completes a well under R 324.201, R 324.420, R 324.511, or rules that were in effect before the effective date of these rules shall keep and preserve at the well, during drilling, deepening, changes in well status, or completion operations, accurate records recording all geologic strata penetrated, casing and cement used, and other information as may be required by the supervisor in connection with the drilling of the well.

(2) When requested by the supervisor or authorized representative of the supervisor, a permittee of a well shall file a copy of service company records, including records of all of the following:

(a) Mudding, cementing, and squeeze operations.

(b) Acidizing.

(d) Fracturing.

(e) Shooting.

(f) Temperature surveys.

(g) Bond logs.

(h) Caliper surveys.

(i) Wireline borehole and strata evaluation logs.

The supervisor may request the records directly from the service company.

(3) A permittee of a well shall make all records and information available to the supervisor or authorized representative of the supervisor at all times. A permittee shall protect the records from damage or destruction due to a preventable cause. All well data and samples provided to the supervisor or authorized representative of the supervisor as required by these rules shall be held confidential commencing with the receipt of a written request of the permittee and shall remain confidential for 90 days after drilling completion.

Information on volumes, concentrations, and times of releases, spills, or leaks of gas, brine, crude oil, oil or gas field waste, or products and chemicals used in association with oil and gas exploration, production, disposal, or development is not subject to confidentiality.

**History**
- *History: 1996 AACS; 2001 AACS.*

##### **Mich. Admin. Code R 324.417** Samples of drill cuttings and cores {#sec-r-324.417 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.417}

Rule 417. (1) A person who drills a well pursuant to R 324.201 or rules that were in effect before the effective date of these rules shall take and preserve, for the duration of the drilling, properly identified samples of the drill cuttings taken from the base of the drift to the total depth.

(2) A permittee of a well shall take and preserve drift samples when specifically requested by the supervisor or authorized representative of the supervisor. The samples shall be available to the supervisor upon request.

(3) When requested before the commencement of drilling, a permittee of a well shall deliver 1 complete set of drill cutting samples, washed and dried, to the supervisor within 90 days after drilling completion. Samples not requested may be disposed of in a manner approved by the supervisor upon drilling completion.

(4) When a permittee of a well obtains whole cores or core samples during the drilling of a well, the permittee shall provide the supervisor with a minimum of 90 days’ notification of his or her intention to dispose of or destroy the whole cores or core samples. When requested by the supervisor, pursuant to the notification, the permittee shall deliver the whole cores or core samples to the supervisor within 90 days of the request.

**History**
- *History: 1996 AACS.*

##### **Mich. Admin. Code R 324.418** Filing of well records {#sec-r-324.418 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.418}

Rule 418. A permittee of a well who drills a well shall file all of the following records with the supervisor:

(a) Within 60 days after drilling completion, a complete written geologic description log or record of the well, certified by the permittee, on forms prescribed by the supervisor, including all of the following information:

(i) Elevations pursuant to R 324.415.

(ii) Depth to, and thickness of, water-bearing sands and gravels in the glacial drift as determined by a geologist, including fill-up and volumes of the water, if available.

(iv) A record of all shows of oil or gas, or both, encountered.

(v) A record of all lost circulation zones encountered.

(vi) A record of all hole sizes, casings, and liners used, including the size, weight, grade, amount, and depth set for each casing string.

(vii) The amount of cement used and the calculated elevation of the top of the cement, unless the supervisor or authorized representative of the supervisor requests the elevation to be measured.

(viii) Data on all drill stem tests. The minimum education and experience requirements for a geologist to determine the information required in this subrule are graduation from a university or college that has an accredited 4-year curriculum in a geological science, receipt of a 4-year degree in a geological science, and 2 years of practical experience providing geological services, including consultation, investigation, evaluation, planning, or responsible supervision of geological activities requiring the application of geologic principles and techniques.

(b) Within 60 days after well completion operations, data on all perforating, acidizing, fracturing, shooting, and testing, except that information on chemical additives used in a high volume hydraulic fracturing operation shall be submitted as required under R 324.1406.

(i) Accurate and complete descriptions of cores.

(ii) Data on all bridge plugs set, make and type of plug, depth set, whether left in place or removed, and details of plug-back operations below the bridge plug.

(iii) The amount of casing stripped from the well.

**History**
- *History: 1996 AACS; 2015 AACS.*

##### **Mich. Admin. Code R 324.419** Borehole and strata evaluation logging {#sec-r-324.419 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.419}

Rule 419. (1) A permittee of a well shall file a copy of all borehole and geologic strata evaluation logs or other logs with the supervisor within 30 days after conducting the logging run.

(2) Upon the request of the supervisor or authorized representative of the supervisor, a logging service company shall provide a listing of all borehole and geologic strata evaluation logs or other logs run.

**History**
- *History: 1996 AACS.*

##### **Mich. Admin. Code R 324.420** Continuation of drilling; deepening operations {#sec-r-324.420 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.420}

Rule 420. (1) A permittee of a well who desires to continue the drilling of a well below the permitted depth, but within the permitted stratigraphic or producing horizon where drilling completion has occurred, shall file an application for change of well status pursuant to R 324.511.

(2) A permittee of a well who desires to deepen a well below the permitted stratigraphic or producing horizon where well completion has occurred shall file an application for a deepening permit pursuant to R 324.206(4).

(3) A permittee of a well shall save samples of the drill cuttings and cores during the continuation of drilling or deepening operations pursuant to R 324.417.

(4) A permittee of a well shall file records of the continuation of drilling or deepening operations with the supervisor pursuant to R 324.418, R 324.419, and R 324.511.

**History**
- *History: 1996 AACS.*

##### **Mich. Admin. Code R 324.421** Survey of directionally drilled well {#sec-r-324.421 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.421}

Rule 421. A permittee of a well shall conduct a directional well survey on each directionally drilled well, with actual survey points taken at a maximum of 100-foot intervals from the point of deviation to total depth and including the end point of the borehole or at an interval as approved by the supervisor or authorized representative of the supervisor. However, for a well that is to be plugged and abandoned immediately upon drilling completion, the supervisor shall approve survey points at more than 100-foot intervals, but not more than 500-foot intervals. All information obtained during and after the survey shall be available to the supervisor or authorized representative of the supervisor. A permittee shall file a certified copy of the survey with the supervisor within 30 days after drilling completion. A well shall not be produced until the survey has been filed with the supervisor.

**History**
- *History: 1996 AACS.*

##### **Mich. Admin. Code R 324.422** Sealing of cellars and rat and mouse holes {#sec-r-324.422 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.422}

Rule 422. (1) A permittee of a well shall seal and set into the earth rat and mouse hole casings and cellars in a manner to prevent the migration of the drilling fluid and other foreign fluids into the groundwater.

PART 5. COMPLETION AND OPERATION

**History**
- *History: 1996 AACS.*

##### **Mich. Admin. Code R 324.501** Responsibility for oil and gas operations {#sec-r-324.501 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.501}

Rule 501. A permittee of a well is responsible for the oil and gas operations of his or her well.

**History**
- *History: 1996 AACS; 2002 AACS.*

##### **Mich. Admin. Code R 324.502** Oil, brine, or associated oil or gas field waste; storage {#sec-r-324.502 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.502}

Rule 502. A permittee of a well shall not store or retain oil, brine, or associated oil or gas field waste in earthen reservoirs or open receptacles.

**History**
- *History: 1996 AACS.*

##### **Mich. Admin. Code R 324.503** Well completion operations {#sec-r-324.503 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.503}

Rule 503. (1) A permittee of a well shall use proper well control measures to avoid an uncontrolled flowing of the well. All fluids from well completion operations, including flowback fluid, acid, load water, chemicals, and associated hydrocarbons, shall be produced or swabbed back to approved containers. A permittee of a well shall not use earthen pits or reservoirs to contain fluids produced from the well.

(2) A permittee shall notify the supervisor or authorized representative of the supervisor when a well completion operation starts.

**History**
- *History: 1996 AACS; 2015 AACS.*

##### **Mich. Admin. Code R 324.504** Well sites and surface facilities {#sec-r-324.504 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.504}

Rule 504. (1) A person shall use every reasonable precaution to stop and prevent waste.

All wells, surface facilities, gathering lines, and flow lines shall be constructed and operated so that the materials contained in the facilities do not cause waste. An oil and gas operation shall not be commenced or continued at a location where it is likely that a substance may escape in a quantity sufficient to pollute the air, soil, surface waters, or groundwaters or to cause unnecessary endangerment of public health, safety, or welfare until the permittee has complied with the methods and means to prevent pollution or eliminate the unnecessary endangerment of public health, safety, or welfare as specified by the supervisor.

(2) The surface facilities shall be located not less than 300 feet from all of the following:

(a) Existing recorded freshwater wells and reasonably identifiable freshwater wells utilized for human consumption.

(b) Existing structures used for public or private occupancy.

(d) The edge of the traveled portion of an existing interstate, United States, or state highway. Pump jacks are exempt from this requirement.

(3) Surface facilities may be located closer than 300 feet from existing recorded freshwater wells and reasonably identifiable freshwater wells utilized for human consumption and existing structures used for public or private occupancy under either of the following conditions:

(a) Upon presentation to the supervisor of a written consent signed by the owner or owners of all existing recorded freshwater wells and reasonably identifiable freshwater wells utilized for human consumption and existing structures used for public or private occupancy.

(b) After a hearing under part 12 of these rules, the supervisor determines that the surface facility location will prevent waste, protect environmental values, and not compromise public safety.

(4) A permittee of a well shall not begin the installation of a surface facility or flow line without approval of the supervisor or authorized representative of the supervisor. A permittee shall make a written request for approval to construct and operate or to substantially reconstruct and operate a surface facility or flow line and shall file the request with the supervisor. The request may be filed with the application for a permit to drill and operate a well. The request shall have a detailed description and plan of the proposed facility, which shall include all of the following information:

(a) An environmental impact assessment if the surface facility is located more than 300 feet from the well or wells it serves.

(b) The location of the proposed surface facility or flow line.

(d) Reasonable and necessary measures to protect environmental values associated with existing adjacent land uses, including berming, screening, and access road location.

(e) Information relative to the approximate distances and directions from the surface facility or flow line to special hazards or conditions identified in R 324.201(2)(b)(iv).

(5) Upon receipt of a written request for approval to construct and operate or to substantially reconstruct and operate a surface facility or flow line under subrule (4) of this rule, other than a request to construct and operate a surface facility or flow line made as part of an application for permit to drill and operate a well, the supervisor or authorized representative of the supervisor shall have up to 30 days to review the request to determine if the request is accurate and complete. If the request is determined to be inaccurate or incomplete, the supervisor or authorized representative of the supervisor shall provide, within the 30-day period, to the person making the request, a notice that the request is inaccurate or incomplete and what changes or additional information shall be submitted.

Upon receipt of the requested information, the supervisor or authorized representative of the supervisor shall have up to an additional 15 days to review the information to determine if the request is accurate and complete. Upon completion of the review process, the supervisor or authorized representative of the supervisor shall approve or deny the request within 10 business days. A request shall be approved if the supervisor determines that construction and operation of the proposed surface facility or flow line will prevent waste, protect environmental values, and not compromise public safety. Upon approval by the supervisor or authorized representative of the supervisor, a request made under this rule shall become part of, and subject to, the provisions of the permit to drill and operate the well or wells served by the surface facility.

(6) A person or permittee of a well shall not install a gathering line, carrying gas with more than 300 ppm hydrogen sulfide or a flow line or facility piping carrying gas from a class I H2S well and that is subject to a maximum working pressure of more than 125 psig that does not meet the construction requirements in R 324.1130.

(7) Surface facilities constructed after November 15, 1989, shall have secondary containment under R 324.1002.

(8) If discharges to the air, surface waters, or groundwater of the state are likely to occur at a surface facility, then a permittee shall apply for and obtain all necessary state and federal discharge permits before operating the surface facility.

**History**
- *History: 1996 AACS; 2001 AACS; 2002 AACS.*

##### **Mich. Admin. Code R 324.505** Pump jacks in residential areas {#sec-r-324.505 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.505}

Rule 505. In areas zoned residential before January 8, 1993, if pumps or pump jacks are installed after the effective date of these rules, then a permittee of a well shall comply with the following conditions:

(a) Electrically driven pumps shall be utilized or, if judged impractical by the supervisor, pumps may be driven by other power sources that have hospital-type mufflers or the equivalent.

(b) Pump jacks within 600 feet of structures used for public or private occupancy shall be fenced to prevent public access.

**History**
- *History: 1996 AACS.*

##### **Mich. Admin. Code R 324.506** Flare stacks and surface facilities in residential areas {#sec-r-324.506 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.506}

Rule 506. (1) In areas zoned residential before January 8, 1993, a permittee of an oil or gas well, or both, which contains 300 ppm or more of hydrogen sulfide and which reaches drilling completion after March 1, 1987, shall not locate surface facilities and associated flare stacks within a residentially zoned area, unless either of the following provisions is satisfied:

(a) The supervisor receives written notice from the local government that has zoning jurisdiction that the local government does not object to the location of the facility within the residentially zoned area.

(b) The applicant or permittee is granted a variance from the supervisor pursuant to a hearing before the supervisor. The petitioner shall notify the local governmental body of the hearing and has the burden of demonstrating to the supervisor that the planned surface facility and associated flare stacks would have minimum impacts upon existing or proposed structures used for public or private occupancy.

(2) The supervisor may grant an exception to permit flaring in a residentially zoned area for testing the production characteristics of a well for a period of not more than 15 days, unless a longer period is authorized by the supervisor. The permittee shall submit a written application to the supervisor for the exception detailing the time period of, and the equipment to be used for, the testing.

(3) If the oil or gas well, or both, reached drilling completion between March 1, 1987, and January 8, 1993, and the area was not zoned residential at the time the well reached drilling completion, the well is not subject to this rule.

**History**
- *History: 1996 AACS.*

##### **Mich. Admin. Code R 324.507** Tubing {#sec-r-324.507 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.507}

Rule 507. A permittee of a well shall tube a producible oil and gas well. A permittee of a well shall test and produce all oil through the tubing. Injection wells utilized for gas storage are exempt from this rule.

**History**
- *History: 1996 AACS.*

##### **Mich. Admin. Code R 324.508** Multiple zone completions {#sec-r-324.508 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.508}

Rule 508. The supervisor or authorized representative of the supervisor may allow multiple zone completions upon written application to, and approval by, the supervisor.

**History**
- *History: 1996 AACS.*

##### **Mich. Admin. Code R 324.509** Commingling of oil and gas {#sec-r-324.509 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.509}

Rule 509. The supervisor or authorized representative of the supervisor may allow commingling in the well bore of oil and gas from 2 or more pools upon written application to, and approval by, the supervisor.

**History**
- *History: 1996 AACS.*

##### **Mich. Admin. Code R 324.510** Central production facility {#sec-r-324.510 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.510}

Rule 510. (1) A permittee of a well shall not begin the operation of a central production facility without the approval of the supervisor or authorized representative of the supervisor. A permittee of a well shall make a written request for approval to operate a central production facility and shall file the request with the supervisor. The supervisor or authorized representative of the supervisor shall approve or deny the request within 30 days of receipt. The request shall have a detailed description and plan of the proposed facility, which shall include all of the following information:

(a) The location of the proposed central production facility.

(b) Identification of the wells or production units to be connected to the central production facility.

(d) A schematic of the flow schemes, including the location of all of the following:

(i) Individual gas, oil, condensate, and water meters.

(ii) Facility and sales gas, oil, condensate, and water meters.

(iii) Fuel use and artificial lift meters.

(iv) On-site surface equipment.

(e) The method proposed for measurement or allocation of fluid volumes, if individual and facility meters are not used. The method proposed for measurement may include allocation of production to each well using a molal balance scheme.

(f) Identification of the type and model of the gas, oil, condensate, and water meters that are proposed.

(g) Quality assurance procedures, including calibration and proofing, that will be implemented to maintain the accuracy of the meters.

(h) The procedure or method proposed for allocation of each commingled fluid stream.

(i) If production from production units or unitized areas is included in the central production facility, a copy of the pooling or communitization agreement filed pursuant to R 324.303(2) or the unitization agreement developed pursuant to sections 61701 to 61738 of the act.

(2) A permittee of a well shall obtain the approval of the supervisor or authorized representative of the supervisor before implementing a subsequent addition, alteration, or change to the central production facility that affects flow measurement or reporting methods.

(3) A permittee of a well shall submit monthly reports of meter readings, metered production, and allocated production on forms approved by the supervisor.

**History**
- *History: 1996 AACS.*

##### **Mich. Admin. Code R 324.511** Change of well status {#sec-r-324.511 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.511}

Rule 511. (1) A permittee of a well who desires to change the status of a well by an oil and gas operation, including temporary abandonment or high volume hydraulic fracturing, except as allowed by R 324.704 and additional acid or other stimulation treatment, shall file an application for change of well status with the supervisor. The application shall set forth, in detail, the kind of oil and gas operation to be accomplished and the plan for protecting all oil, gas, brine, or fresh water strata the well has penetrated. In addition, an application to change the status of a well by utilizing high volume hydraulic fracturing shall include the information specified in rule 201(2)(c) of these rules. A permittee shall not begin the oil and gas operation until he or she has received approval from the supervisor or authorized representative of the supervisor and provided notification to the supervisor or authorized representative of the supervisor of the date the oil and gas operation will commence.

(2) A permittee of a well who changes the status of a well shall file, with the supervisor, within 60 days, a complete change of well status record on forms prescribed by the supervisor, except that a record shall not be filed when the change of well status operation is for temporary abandonment purposes.

PART 6. PRODUCTION AND PRORATION

**History**
- *History: 1996 AACS; 2002 AACS; 2015 AACS.*

##### **Mich. Admin. Code R 324.601** Proration of oil and gas wells and fields {#sec-r-324.601 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.601}

Rule 601. (1) The supervisor may prorate production from wells or fields, or both, to conserve reservoir energy, to maximize oil and gas recovery, to ensure that the owners shall be afforded the opportunity to produce their just and equitable share of the oil and gas from the reservoir, and to prevent waste by setting allowable production rates. The prorated allowables shall be established by order of the supervisor after a hearing pursuant to part 12 of these rules.

(2) The proration order shall specify the maximum amount of oil or gas, or both, that may be produced in a 24-hour day.

**History**
- *History: 1996 AACS.*

##### **Mich. Admin. Code R 324.602** Tolerance from regularly calculated production {#sec-r-324.602 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.602}

Rule 602. (1) A permittee of a well shall be allowed to make up underproduction of oil and gas if the underproduction is not more than 3 days' allowable production from each well for a calendar month. The underproduction of oil and gas from each well shall be adjusted by the permittee during the next calendar month.

(2) If in a reservoir under multiple ownership an emergency condition arises which is beyond the control of the permittee of the well and which prevents the permittee from producing his or her regularly scheduled allowable production or prevents the purchaser from running his or her regularly scheduled amounts of oil or gas during a calendar month and the underproduction is more than 3 days' allowable production, then the permittee may apply in writing to the supervisor for permission to make up the underages. The supervisor or authorized representative of the supervisor may grant the request if reservoir waste does not occur.

(3) In a well that has produced over its daily oil allowable by more than 3 days or its daily gas allowable by more than 30 days, the permittee of the well shall cease producing the well or further limit the oil or gas production as approved by the supervisor or authorized representative of the supervisor until the overage is made up.

**History**
- *History: 1996 AACS.*

##### **Mich. Admin. Code R 324.603** Transfer of allowables between wells prohibited {#sec-r-324.603 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.603}

Rule 603. A permittee of a well shall not produce oil or gas from a well above the allowables pursuant to R 324.602 to make up for the failure of another well or wells to produce a full allowable or allowables.

**History**
- *History: 1996 AACS.*

##### **Mich. Admin. Code R 324.604** Well hookups to tanks or separators, or both, for prorated wells {#sec-r-324.604 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.604}

Rule 604. A permittee of a well shall ensure that well is hooked up or connected to separators or stock tanks, or both, so that the well’s oil, gas, and brine production entrained in the oil or gas may be segregated from all other wells and so that individual measurements of daily oil, gas, and brine production of each well may be made. Exceptions to this rule may be granted if the supervisor or authorized representative of the supervisor approves an alternative measurement and allocation method pursuant to R 324.510.

**History**
- *History: 1996 AACS.*

##### **Mich. Admin. Code R 324.605** Capacity tests for prorated wells {#sec-r-324.605 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.605}

Rule 605. (1) The supervisor or authorized representative of the supervisor may require capacity tests, including test requirements and reporting on wells subject to proration. The supervisor may amend or abrogate a previously adopted test requirement, or set up new test requirements, when necessary to adapt to changing field conditions.

(2) A wide open capacity test of a well shall not be made if the test will create waste or result in the coning of gas or water. All gauges and tests shall be made by methods and at times that will result in a determination of the true productive capacity of the wells under normal operating conditions. Reports submitted to the supervisor or authorized representative of the supervisor shall be certified by the permittee or an authorized representative of the permittee.

**History**
- *History: 1996 AACS.*

##### **Mich. Admin. Code R 324.606** Production tests for newly completed or change of status wells subject to proration {#sec-r-324.606 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.606}

Rule 606. A permittee of a well shall conduct production tests, not to exceed the prorated allowable, on a newly completed well. On a previously tested well, when a change of well status or the stimulation of the well may have resulted in changes in producing capacity, the tests shall be commenced within 10 days after well completion, change of well status, or production stimulation treatments. A permittee shall report the results of all production tests to the supervisor or authorized representative of the supervisor within 30 days after completion of the tests and shall certify the results on forms prescribed by the supervisor.

**History**
- *History: 1996 AACS.*

##### **Mich. Admin. Code R 324.607** Special capacity tests {#sec-r-324.607 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.607}

Rule 607. (1) The supervisor or authorized representative of the supervisor may, at any time, require the permittee of a well, either with or without previous notice, to perform a special producing capacity test or supply production data for a well or wells. The supervisor or authorized representative of the supervisor may witness, direct, or make measurements during the test, subject to proper safety supervision by the permittee.

(2) A producer who wishes to gather data to determine the maximum efficiency rate of a well may conduct tests as approved by the supervisor or authorized representative of the supervisor.

**History**
- *History: 1996 AACS.*

##### **Mich. Admin. Code R 324.608** Responsibility for regulating production {#sec-r-324.608 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.608}

Rule 608. A permittee of a well shall be responsible for controlling production from wells so that an individual well does not produce more oil or gas than allowed.

**History**
- *History: 1996 AACS.*

##### **Mich. Admin. Code R 324.609** Reservoir evaluation tests {#sec-r-324.609 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.609}

Rule 609. The supervisor or authorized representative of the supervisor may require that subsurface pressures, gas-oil ratios, and other tests on wells be conducted and submitted at least once per year so that reservoir data may be maintained.

**History**
- *History: 1996 AACS.*

##### **Mich. Admin. Code R 324.610** Reports of oil and gas produced, purchased, or transported {#sec-r-324.610 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.610}

Rule 610. A person who is producing, purchasing, or transporting oil or gas in a field shall be required by the supervisor or authorized representative of the supervisor to report, within 45 days after the end of the month of production, the amount of oil or gas, or both, produced, purchased, or transported during the calendar month of production, unless an extension of time or an exemption from monthly reporting is granted by the supervisor.

The reports shall be certified by the person who is producing, purchasing, or transporting oil or gas in a field on forms prescribed by, or acceptable to, the supervisor or authorized representative of the supervisor.

**History**
- *History: 1996 AACS.*

##### **Mich. Admin. Code R 324.611** Petition for change in field allowables {#sec-r-324.611 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.611}

Rule 611. A permittee of a well who believes proration allowables have ceased to prevent waste may petition the supervisor for a change in field allowables. The petition shall include all of the information specified in part 12 of these rules. The supervisor shall schedule a meeting to consider the petition. The permittee shall furnish a copy of the notice of the meeting to all owners of record, operators, lessees, and lessors of the oil and gas mineral interests underlying the lands directly affected by the proposed action. If the proposed action is contested by an interested party, then a hearing is required pursuant to part 12 of these rules. After a review and evaluation of the data presented, either administratively or by hearing, the supervisor shall issue an order of determination.

**History**
- *History: 1996 AACS.*

##### **Mich. Admin. Code R 324.612** Secondary oil recovery projects; hearings; records {#sec-r-324.612 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.612}

Rule 612. (1) A person desiring to inject water, gas, or other fluid into a producing formation or use other technology for the purpose of increasing the ultimate recovery of hydrocarbons from a reservoir shall file a petition for hearing pursuant to part 12 of these rules.

(2) The operator of a secondary recovery project shall keep accurate records of all oil, gas, and brine produced, volumes of fluids injected, and injection pressures. The operator shall file reports of the data and other data as may be required with the supervisor at regular intervals, as specified.

**History**
- *History: 1996 AACS.*

##### **Mich. Admin. Code R 324.613** Production from directionally drilled wells {#sec-r-324.613 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.613}

Rule 613. (1) An allowable production rate shall not be assigned or production permitted from a directionally drilled well until a certified well survey has been furnished by the permittee of a well to the supervisor. A directionally drilled well with a producing interval that is contrary to the established boundary setback of the drilling unit or pooled or communitized area shall be limited or restricted in the same manner as provided for regularly drilled wells located contrary to the boundary setback of the drilling unit or pooled or communitized area.

(2) The production from directionally drilled wells that can be produced contrary to the established boundary setback of the drilling unit or pooled or communitized area shall be limited or restricted in the same manner pursuant to R 324.301(4)(a) for regularly drilled wells located contrary to the applicable boundary setback of the drilling unit or pooled or communitized area. A permittee of a well shall not conduct production testing from a directionally drilled well until a certified well survey has been furnished to, and approved by, the supervisor or authorized representative of the supervisor pursuant to R 324.421.

Injection wells utilized for gas storage are exempt from this subrule.

PART 7. DISPOSAL OF OIL OR GAS FIELD WASTE, OR BOTH

**History**
- *History: 1996 AACS; 2015 AACS.*

##### **Mich. Admin. Code R 324.701** Prevention of pollution, contamination, or damage {#sec-r-324.701 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.701}

Rule 701. The storage, transportation, or disposal of brine, crude oil, or oil or gas field waste that results in, or that the supervisor determines may result in, pollution is prohibited.

A permittee of a well shall ensure that wastes are stored, transported, and disposed of in a manner approved by the supervisor and consistent with all applicable state and federal laws and regulations.

**History**
- *History: 1996 AACS.*

##### **Mich. Admin. Code R 324.702** Pit disposal prohibited; exception {#sec-r-324.702 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.702}

Rule 702. Except as provided in R 324.407(2), a permittee of a well shall not dispose of oil or gas field waste, or both, in earthen pits.

**History**
- *History: 1996 AACS.*

##### **Mich. Admin. Code R 324.703** Disposal of oil or gas field fluid wastes, or both {#sec-r-324.703 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.703}

Rule 703. A permittee of a well shall inject oil or gas field fluid wastes, or both, into an approved underground formation through an approved Class II well in a manner that prevents waste. The injection interval shall be isolated from underground sources of drinking water by a confining interval.

**History**
- *History: 1996 AACS; 2018 AACS.*

##### **Mich. Admin. Code R 324.704** Use of annular space for disposal prohibited; temporary exception {#sec-r-324.704 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.704}

Rule 704. A permittee of any well, including Class II wells, shall not dispose of fluid wastes in the annular space between strings of casing. The supervisor may grant a temporary exception to the prohibition if the supervisor determines that annular disposal will not damage underground sources of drinking water, oil, gas, or other minerals.

**History**
- *History: 1996 AACS; 2018 AACS.*

##### **Mich. Admin. Code R 324.705** Disposition of brine {#sec-r-324.705 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.705}

Rule 705. (1) A permittee of a well is responsible for the proper disposal of all brines produced in association with oil or gas production, or both, or brines accumulated in drilling mud pits or tanks and shall ensure that waste, as defined in section 61501(q) of the act, will not occur. A permittee may convey or transfer brines for other purposes if the brines are in compliance with the conditions provided in subrule (3) of this rule. A permittee shall be required to maintain records on the disposition of all brines pursuant to subrule (4) of this rule, and a permittee shall not have continuing liability relative to the transport or application of the brines after the brines are properly conveyed or transferred.

(2) Upon the effective date of these rules, a permittee of a well shall not use brines produced in association with drilling for oil and gas, or both, and accumulated in drilling mud pits for ice or dust control purposes.

(3) Twelve months after the effective date of these rules, a permittee shall dispose of all brines as provided in R 324.703 or shall use the brines in a manner approved by the supervisor; however, some brines may be conveyed or transferred and used for ice and dust control and road stabilization if all of the following conditions are satisfied:

(a) Brines shall not be used for ice and dust control and road stabilization if the brines are obtained from wells containing more than 20 ppm hydrogen sulfide in the gas stream, unless it can be shown that there is less than a 500-ppm-hydrogen sulfide concentration present in the brine.

(b) The brines shall contain a 20,000-milligrams-per-liter or more concentration of calcium.

(c) The brines shall contain less than a 1,000-micrograms-per-liter concentration of each of the following aromatic hydrocarbons:

(i) Benzene.

(ii) Ethylbenzene.

(iii) Toluene.

(iv) Xylene.

(d) Only brines that have been approved by the supervisor or authorized representative of the supervisor may be exempt from the disposal requirements of R 324.703. For a permittee to obtain approval to exempt brine from the disposal requirements of R 324.703, all of the following conditions shall be satisfied:

(i) The brine shall be tested annually within 90 days of January 1 of each year by the person seeking authorization to utilize the brine for other purposes. The brine shall be tested using any of the following procedures:

(A) Method 200.7 ICP-AES, entitled “Method for Trace Element Analysis of Water and Wastes, Methods for Chemical Analysis of Water and Wastes,” March 1983 edition.

(B) Method 6010A, entitled “Inductively Coupled Plasma, Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,” 1984 edition 3.

(C) Method 602, entitled “Purgeable Aromatics, Guidelines Establishing Test Procedures for the Analysis of Pollutants,” 40 C.F.R. part 136, appendix A, revised July 1990.

(D) Method 8020A, “Aromatic Volatile Organics by Gas Chromatography, Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,” 1984 edition 3.

(E) Method 8240A, entitled “Volatile Organic Compounds by Gas Chromatography/Mass Spectrometry: Packed Column Technique, Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,” 1984 edition 3.

(F) Method 8260A, entitled “Volatile Organic Compounds by Gas Chromatography/Mass Spectrometry: Capillary Column Technique,” 1984 edition 3.

(G) Method 325.3, entitled “Chloride (Colorimetric, Automated Ferricyanide), Guidelines Establishing Test Procedures for the Analysis of Pollutants,” 40 C.F.R. part 136, appendix A, revised July 1990.

(H) Method 4500-CLE, entitled “Chloride, Methods for the Determination of Organic Compounds in Drinking Water” and supplement I, December 1988 and July 1990 editions.

The testing methods are adopted by reference in these rules and copies are available for inspection at the Lansing office of the office of oil, gas, and minerals of the department of environmental quality. Copies may be obtained without charge from the Michigan Department of Environmental Quality, Office of Oil, Gas, and Minerals, P.O. Box 30256, Lansing, Michigan 48909, or from the United States Environmental Protection Agency, Office of Research and Development, 26 West Martin Luther King Boulevard, Cincinnati, Ohio 45268.

(ii) The sample of brine used for analysis shall be obtained from the point of loading of the storage tank where the brine is first separated from the production stream.

(iii) A chemical analysis of each brine source showing the concentrations of all of the following shall be submitted to the supervisor or authorized representative of the supervisor within 30 days of the completion of the analysis:

(A) Chloride.

(B) Hydrogen sulfide.

(D) Benzene.

(E) Ethylbenzene.

(F) Toluene.

(G) Xylene.

(iv) The chemical analysis shall include all of the following information:

(A) The well name.

(B) Permit number.

(D) Location of the individual well.

(E) If the brine is obtained from a tank battery or central production facility, the name, number, permittee, and location of the tank battery or central production facility.

(4) A permittee of a well shall maintain records for 2 years on the disposition of all brines produced in association with oil or gas production, or both. The records shall indicate dates, volumes, recipient, transporter, destination, and proof of delivery. If the person authorized to utilize the brine for other purposes receives the brine at an unattended loading site, then the person shall provide the permittee with a signed record describing the date, volume, time, destination, and proof of delivery. A permittee of a well shall make the records available for inspection by the supervisor or authorized representative of the supervisor at all times. A permittee of a well shall protect the records from damage or destruction due to preventable cause.

(5) A permittee of a well shall ensure that brine that is in compliance with the conditions listed in subrule (3) of this rule is also in compliance with all applicable state and federal laws and regulations.

Editor's Note: An obvious error in R 324.705 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Annual Administrative Code Supplement, 2015. The memorandum requesting the correction was published in Michigan Register, 2018 MR 10.

PART 8. INJECTION WELLS

**History**
- *History: 1996 AACS; 2015 AACS.*

##### **Mich. Admin. Code R 324.801** Definitions {#sec-r-324.801 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.801}

Rule 801. As used in these rules:

(a) “Administrator” means the administrator of the USEPA.

(b) “Area of review” means that area within a fixed radius of 1320 feet around an injection well.

(i) Injects fluids under any of the following conditions:

(A) That are brought to the surface in connection with oil or natural gas production and may be commingled with waste waters from gas plants which are an integral part of production operations, unless those waters are classified as a hazardous waste at the time of injection.

(B) For enhanced recovery of oil or natural gas.

(ii) Utilizes diesel fuel as a component of hydraulic fracturing fluid.

(d) “Class II well operator” means the person having secured a permit for any of the following:

(i) A new Class II well.

(ii) An existing Class II well.

(iii) A conversion of an existing well to a Class II well.

(iv) A rule authorized well in operation before the effective date of primacy.

(e) “Commercial disposal well” means a Class II well that is permitted to accept wastes other than those generated by the owner or operator of the well.

(f) “Confining interval” means a geological formation, group of formations, or part of a formation that is capable of limiting fluid movement above an injection interval.

(g) “Contaminant” means any physical, chemical, biological, or radiological substance or matter in water.

(h) “Date of primacy” means the effective date of the a d m i n i s t r a t o r ' s approval of the Michigan underground injection control program for Class II wells pursuant to section 1425 of the safe drinking water act of 1974, 42 USC 300h-4.

(i) “Diesel fuel(s)” means fluids that are associated with 5 specific Chemical Abstracts Services Registry Numbers (68334-30-5, 68476-34-6, 68476-30-2, 68476-31-3, and 8008- 20-6).

(j) “Endangerment to an underground source of drinking water” means that an injection operation may result in the presence of any contaminant in an underground source of drinking water, that supplies or may reasonably be expected to supply any public water system, and the presence of that contaminant may result in violation of any national primary drinking water regulation or may otherwise adversely affect the health of persons.

(k) ”Enhanced Oil Recovery” or “Enhanced Recovery” means secondary recovery.

(l) “Existing Class II well” means a Class II well that has been approved, constructed, or converted before the date of primacy.

(m) “Injection casing” means the long string of casing set into, through, or just above the injection interval, in which the packer and tubing may be set.

(n) “Injection interval” means the geological formation or group of formations or part of a formation receiving fluids through an injection well. There must be a confining interval above the injection interval.

(o) “Karst” means a type of topography that is formed over limestone, dolomite, or gypsum by solution of the rock and is characterized by closed depressions or sinkholes, caves, and underground drainage.

(p) “Mechanical integrity” means a well condition that exists if there is no significant leakage in the well’s casing, tubing, or packer and if there is no significant fluid movement into an underground source of drinking water through vertical channels adjacent to the injection well bore.

(q) “New Class II well” means a Class II well that is constructed or converted under part 615 after date of primacy.

(r) “Oil or Gas Field Fluid Wastes” means liquid wastes resulting, obtained, or produced from the exploration, drilling, or production of oil or gas, or both.

(s) “Part 615” means part615 of the act, MCL 324.61501 to 324.61527.

(t) “Rule authorized well” means a Class II well that was classified or treated, or both, by the USEPA as an authorized by rule well on or after January 1, 1984.

(u) “USEPA” means the United States Environmental Protection Agency.

(v) “Waste” as defined in section 61501(q)(i) to (iii) of the act, MCL 324.61501, includes endangerment to an underground source of drinking water.

**History**
- *History: 1996 AACS; 2015 AACS; 2018 AACS; 2019 AACS.*

##### **Mich. Admin. Code R 324.802** Application for permit to drill, convert, and operate injection well {#sec-r-324.802 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.802}

Rule 802. In addition to requirements in R 324.201, the following additional information shall be submitted with an application for a permit to drill and operate an injection well or to convert a previously drilled well to an injection well:

(a) Notification information including the following:

(i) The name and address of the permittee of each oil, gas, and injection well and permitted location or locations within 1,320 feet of the proposed injection well location.

(ii) The name and address of the last surface owner or owners of record within 1,320 feet of a proposed Class II well location as reasonably determined by the records of the register of deeds office or equalization records.

(b) Required plat pursuant to R 324.201, that also shows the following:

(i) The location and total depth of the proposed injection well.

(ii) Each oil, gas, injection, and abandoned well and permitted location or locations within 1,320 feet of the proposed injection well location, including dry holes and wells that have been plugged and abandoned.

(iii) The surface owner or owners of record of the land on which the proposed injection well is to be located.

(iv) Each permittee of a well or permitted well location within 1,320 feet of the proposed injection well.

(v) Fresh water, irrigation, and public water supply wells within 1,320 feet of the proposed injection well.

(c) If a well is proposed to be converted to an injection well, all requirements of R 324.201(1) and R 324.201(2) apply, and the applicant must submit a copy of the completion report, together with the written geologic description log or record filed pursuant to R 324.418(a) and borehole and stratum evaluation logs filed pursuant to R 324.419(1). Pursuant to R 324.204 any well to be converted for liquid hydrocarbon storage is a proposed Class II well and subject to this subdivision.

(d) Plugging records of all abandoned wells and casing, sealing, and completion records of all other wells within 1,320 feet of the proposed injection well location. An applicant shall also submit a plan reflecting the steps or modifications believed necessary to prevent proposed injected fluids from migrating into an underground source of drinking water through inadequately plugged, sealed, or completed wells.

(e) A schematic diagram of the proposed injection well that shows all of the following information:

(i) The total depth or plug-back depth of the proposed injection well.

(ii) The geological formation name or names, true vertical depth, thickness, and lithology of the injection interval, and the confining interval.

(iii) The geological formation name or names and the top and bottom depths of all underground sources of drinking water to be penetrated.

(iv) The depths of the top and bottom of the casing or casings and cement to be used in the proposed injection well.

(v) The size of the casing and tubing and the estimated depth of the packer if applicable.

(f) Information showing that injection of fluids into the proposed injection interval will not exceed the injection interval fracture pressure gradient and information showing that injection into the injection interval will not initiate new fractures or propagate existing fractures in the overlying confining interval.

(g) For Class II wells, proposed operating data, including all of the following:

(i) The maximum anticipated daily injection rate expressed as barrels per day or thousand cubic feet per day.

(ii) The types of fluids to be injected. Hydraulic fracturing utilizing diesel fuels in the hydraulic fracturing fluid is subject to Class II regulations. Notwithstanding the provisions of R 324.1406(2), the use of diesel fuels in a proposed hydraulic fracturing fluid is not protected from disclosure.

(iii) Maximum anticipated injection pressure, expressed as psig at the well head, and calculations used to derive that value.

(iv) A qualitative and quantitative analysis of a representative sample of fluids to be injected. A chemical analysis shall be prepared for each type of fluid to be injected showing specific conductance as an indication of the dissolved solids, specific gravity, and a determination of the concentration of calcium, sodium, magnesium, chloride, sulfate, sulfide, carbonate, total iron, barium, and bicarbonate. However, if the fluid to be injected is fresh water, then an analysis is not required.

(v) The geological name of the injection interval and the vertical distance separating the top of the injection interval from the base of the deepest underground source of drinking water.

(h) For a proposed injection well to dispose of oil or gas field waste, or both, into an interval that would likely constitute a producing oil or gas pool, a list of all offset operators and certification that the person making application for an injection well has notified all offset operators of the person’s intention by certified mail. If within 21 days after the mailing date a substantive objection is filed with the supervisor by an offset operator, then the application shall not be granted without a hearing pursuant to part 12 of these rules.

The supervisor may schedule a hearing to determine the need or desirability of granting permission for the proposed injection well.

(i) Identification and description of all faults, structural features, karst, mines, and lost circulation zones within the area of review that can influence fluid migration, well competency, or induced seismicity. The applicant shall include a plan for mitigating risks of identifiable features.

(j) A proposed plugging and abandonment plan and schematic.

(k) Information demonstrating that construction of the well will prevent the movement of fluid that causes endangerment to an underground source of drinking water.

**History**
- *History: 1996 AACS; 2018 AACS.*

##### **Mich. Admin. Code R 324.803** Class II well notification, public comment, and public hearing {#sec-r-324.803 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.803}

Rule 803. (1) Within 10 days after receipt of a Class II well permit application the supervisor shall mail notice to each surface owner of record and well permittee of each oil, gas, and injection well within 1,320 feet of the proposed injection well, to the township supervisor or municipal manager where the well is located, and shall post the notice on the department website concurrently with the weekly permit list publishing which is posted on the department website and available by email list server. All of the following information must be included on the notice:

(a) Date of notice.

(b) Applicant’s name and address.

(d) Geological formation name and depth of injection interval.

(e) Maximum anticipated injection pressure, expressed as psig at the well head.

(f) Maximum anticipated daily injection rate expressed as barrels per day or thousand cubic feet per day.

(g) Information on how to submit comments on the application to the supervisor.

(h) The following statement “Any comments or objections on an application, or a request to obtain additional information about the application, must be received by the supervisor within 30 days after the date of notice set forth herein.”

(i) If substantial compliance is achieved toward notification requirements, inadvertent mistakes in noticing will not be a bar to processing of the permit.

(2) The supervisor shall receive public comments for 30 days following the date of the notice and complete review of the application as follows:

(a) If no objections are received within the 30-day comment period, the supervisor or authorized representative of the supervisor shall consider that no objections exist and shall issue a permit within 10 days if it is determined that the application complies with the law.

(b) If a comment or an objection to the application is received, the Supervisor or authorized representative of the Supervisor shall, within 10 days after the end of the comment period, determine the validity of the comment or objection. If, in the opinion of the supervisor or authorized representative of the supervisor, it is determined the comment or objection is not relevant to the issues of waste, public health or safety, or is without substance, a permit shall be issued within 20 days after the end of the comment period if it is determined that the application complies with the law.

(c) If, within the 10 day period set forth in (2)(b), above, the supervisor or authorized representative of the supervisor considers the comment or objection to be relevant to the issues of waste, public health or safety, or is of substance, and the commenter has requested a public hearing, then the supervisor shall provide notice of the public hearing within 20 days after the end of the comment period and hold the public hearing within 30 days after giving notice of the public hearing. The public hearing will be held in the township or county of the proposed well, is for gathering public comment on a proposed permit, and is not an evidentiary hearing pursuant to R 324.1201 to R324.1205. The supervisor will provide a minimum of 20 days notice of the public hearing. Notice will be made by posting the hearing on the department calendar, the department website, and in one local newspaper.

(d) If the supervisor or authorized representative of the supervisor determines, after the hearing and upon consideration of comments and the application, that all of the following conditions have been met, the application for a Class II well shall be approved and a permit shall be issued within 30 days:

(i) The application complies with the requirements of these rules.

(ii) The method of injection proposed in the application complies with the law.

(iii) The proposed method of injection will not threaten public health or safety and will not create waste or endanger an underground source of drinking water.

(e) Concurrently with the issuance or denial of a Class II permit application, the supervisor or authorized representative of the supervisor shall post responses to the public comments on the department website.

(3) The provisions of this rule are effective only upon the date of primacy.

**History**
- *History: 1996 AACS; 2018 AACS.*

##### **Mich. Admin. Code R 324.804** Construction and operation of injection wells {#sec-r-324.804 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.804}

Rule 804. (1) Injection of fluid into an injection well shall be through a combination of casing, tubing, cement, and packer placement that isolates the injection interval and prevents the movement of fluids into or between underground sources of drinking water, including through vertical channels adjacent to the well bore, which has mechanical integrity. Injection wells utilized for gas storage are not required to install tubing and/or a packer. In addition to cementing requirements in this rule, well casing shall be cemented pursuant to R 324.408, R 324.411, and R 324.413. The supervisor or authorized representative of the supervisor shall review cement details and any logs required for the applicant to demonstrate external mechanical integrity prior to authorization to inject. One of the following methods that demonstrates external mechanical integrity and prevention of fluid migration into or between underground sources of drinking water shall be used:

(a) The results of a temperature log, or noise log, or cement bond log.

(b) Cementing records demonstrating the presence of adequate cement to prevent a migration.

(c) Other methods suggested by the permittee and approved by the supervisor or authorized representative of the supervisor.

(2) A permittee of a well shall ensure that the injection of fluid into a well is through adequate tubing and packer. During injection operations, the permittee shall fill the tubing to casing annulus with a noncorrosive liquid. For Class II wells, the packer shall be set within 100 feet of the base of the injection casing or within 100 feet of the top perforation of the injection interval, unless otherwise approved by the supervisor. Injection wells utilized for gas storage are exempt from this subrule.

(3) A permittee of a well shall ensure that surface access to all casing annuli is provided.

(4) A permittee of a well shall ensure that an injection well is constructed and operated so that the injection of fluids is confined to injection interval or intervals approved by the supervisor or authorized representative of the supervisor.

(5) In addition to R 324.408 surface casing requirements, surface casing must be set a minimum of 100 feet below the base of the glacial drift into competent bedrock or 100 feet below all underground sources of drinking water, whichever is deeper, for new Class II wells. To convert a previously drilled well into a Class II well, where existing surface casing is not 100 feet below underground source of drinking water, a demonstration of the combination of casing and cement must be made to show protection of all underground sources of drinking water.

(6) The injection casing must have a minimum of 250 feet of cement immediately above the injection interval. If less than 250 feet of cement exists, remedial cementing must occur at a point as near to the existing cement top as possible, as determined by the supervisor or authorized representative of the supervisor. Injection wells utilized for gas storage are exempt from this subrule.

(7) Class II wells must have injection casing in addition to the surface casing and any additional casing that may be required under R 324.410.

(8) In addition to other provisions of these rules, the top of the injection interval shall be a minimum of 500 feet below the deepest underground source of drinking water for a new Class II well in an area of karst, unless a lesser separation is approved by the supervisor based on a demonstration of protection of underground sources of drinking water by the permittee. Within an area of karst, in addition to other requirements, all casings except the injection casing shall be circulated to surface with cement. If not possible to circulate cement to surface because of karst features or lost circulation zones, the casing annulus shall have cement from at least 100 feet to the surface.

(9) Subrules R 324.804(1), (5), and (6) do not apply to Existing Class II wells or Rule Authorized wells since they are permitted, constructed or converted prior to the date of primacy.

**History**
- *History: 1996 AACS; 2018 AACS.*

##### **Mich. Admin. Code R 324.805** Temporary authority to inject {#sec-r-324.805 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.805}

Rule 805. The supervisor may grant a permittee of a well temporary authorization, for a period of not more than 30 days, to inject fluid for the limited purpose of running injectivity tests. Temporary authorization to inject will only be granted if there will be no endangerment of underground sources of drinking water. Injection wells utilized for gas storage are exempt from this rule.

R 324.806. Testing and authorization to inject before operation of Class II injection wells.

Rule 806. (1) Before injecting fluid into a new Class II well, a permittee of a well shall provide for a test of the annulus between the innermost casing and the tubing above the packer. The test shall be conducted by a qualified person and the test shall be at a pressure of not less than 300 psig. The difference in pressure between the testing pressure and the tubing pressure shall be not less than 100 psig at the time of the test. A satisfactory test shall have a pressure change of not more than 5% over a period of 30 minutes.

(2) A permittee of a well shall notify the supervisor or authorized representative of the supervisor at least 5 days in advance of the date and time of the test.

(3) Within 14 days of completion of the test, the permittee shall submit, on a form prescribed by the supervisor, a report of each mechanical integrity test to the supervisor or authorized representative of the supervisor. The report shall contain test supporting data, including, but not limited to, gauge calibration data, pressure recordings and charts, tubing size, packer type, and packer depth. Approval of the test results will be based on witnessing by supervisor or authorized representative of the supervisor, or review and evaluation of test data submitted pursuant to this subrule.

(4) Before the commencement of injection, a permittee shall receive an authorization to inject from the supervisor or authorized representative of the supervisor. Prior to issuance of the authorization to inject, the supervisor or authorized representative shall have witnessed the test or received the test data, reviewed the test data, and determined that the permittee has demonstrated that the well has mechanical integrity. Authorization to inject will be granted only after any applicable well records required by R 324.418 have been received and evaluated by the supervisor or authorized representative of the supervisor.

Verbal authorization from the supervisor or authorized representative is acceptable to commence injection. Written authorization to inject from the supervisor or authorized representative will be issued within 7 days of verbal authorization.

(5) Injection wells utilized for gas storage are exempt from this rule.

**History**
- *History: 1996 AACS; 2018 AACS.*
- *History: 1996 AACS; 2018 AACS.*

##### **Mich. Admin. Code R 324.807** Maximum injection pressure {#sec-r-324.807 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.807}

Rule 807. During Class II well injection operations, a permittee shall ensure that the surface injection pressure does not exceed a pressure determined by the following equation:

Pm = (fpg - 0.433 sg)d where Pm = surface injection pressure fpg = fracture pressure gradient of the injection interval (if unknown, assume 0.800) sg = specific gravity of the injection liquid (if unknown, assume 1.2) d = depth of the top of the injection interval in feet (true vertical depth).

The value for fpg may be determined by an instantaneous shut-in pressure or data derived from step rate testing. Other information to derive fpg values may be used with approval of the supervisor or authorized representative of the supervisor.

**History**
- *History: 1996 AACS; 2018 AACS.*

##### **Mich. Admin. Code R 324.808** Class II well operational testing requirements {#sec-r-324.808 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.808}

Rule 808. (1) A permittee of a Class II well shall provide for a pressure test that meets the requirement of subrule (2) of this rule, by a qualified person, to determine the mechanical integrity of the tubing, casing, and packer.

(2) The annulus between the innermost casing and the tubing above the packer shall be tested at least once each 5 years at a pressure of not less than 300 psig. A satisfactory test shall have a pressure change of not more than 5% over a period of 30 minutes. The difference in pressure between the testing pressure and the tubing pressure shall not be less than 100 psig at the time of the test. At least 5 days before the test, the permittee shall notify the supervisor or authorized representative of the supervisor of the date and time of the test.

This subrule applies to all Class II wells, including those with approved temporary abandonment status.

(3) Within 14 days after the test, the permittee shall, on a form prescribed by the supervisor, submit a report of each mechanical integrity test to the supervisor or authorized representative of the supervisor. The report shall contain supporting data including, but not limited to, gauge calibration data, pressure recordings and charts, tubing size, packer type, and packer depth. Prior to an issuance of an authorization to inject, the supervisor or authorized representative shall have witnessed the test or received the test data, reviewed the test data, and determined that the permittee has demonstrated the well has mechanical integrity.

(4) For a Class II well that has not been utilized for its intended purpose for a period of greater than 2 years, the permittee shall, prior to resuming injection, demonstrate mechanical integrity for the well and receive authorization to resume injection from the supervisor or authorized representative of the supervisor.

**History**
- *History: 1996 AACS; 2018 AACS.*

##### **Mich. Admin. Code R 324.809** Testing requirements for wells utilized for gas storage {#sec-r-324.809 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.809}

Rule 809. Before injecting fluid into a newly drilled well or previously existing well newly converted to an injection well to be utilized for gas storage, a permittee of an injection well shall provide for a test of the mechanical integrity of the casing, by a qualified person, utilizing either a pressure test at a bottom hole pressure of not less than the maximum expected operating pressure of the gas storage field or an equivalent test approved by the supervisor. Within 14 days of the test, the permittee shall, on a form prescribed by the supervisor, submit a report of each mechanical integrity test to the supervisor or authorized representative of the supervisor. Prior to issuance of an authorization to inject, the supervisor or authorized representative shall have witnessed the test or received the test data, reviewed the test data, and determined that the permittee has demonstrated that the well has mechanical integrity.

R 324.810. Monitoring and filing records and reports.

Rule 810. (1) A permittee of a Class II well not utilized for secondary recovery shall, on a weekly basis, monitor and record the annulus pressure, injection pressure, injection rate, and weekly cumulative volume of the fluid injected.

(2) A permittee of a Class II well utilized for secondary recovery injection well shall, on a monthly basis, monitor and record the annulus pressure, injection pressure, injection rate, and monthly cumulative volume of the fluid injected. A permittee of a secondary recovery injection well may conduct the monitoring and recording, required by this rule, on a field or project basis by manifold monitoring, rather than on an individual well basis, if more than 1 secondary recovery injection well operates with a single manifold, and if the permittee demonstrates that manifold monitoring is comparable to individual well monitoring.

(3) A permittee of an injection well not utilized for secondary recovery shall report the data monthly to the supervisor, unless the supervisor requires a lesser frequency, on forms prescribed by the supervisor.

(4) A permittee of a secondary recovery injection well shall report the monthly data annually to the supervisor, on forms prescribed by the supervisor by March 1 of each year for the previous year.

(5) In addition to other requirements within this rule, a permittee of a Class II commercial disposal well shall submit a complete list of sources of disposed fluids on a quarterly basis on a form prescribed by the supervisor within 45 days of the end of each quarter. The provisions of this subrule are effective only upon the date of primacy.

(6) In addition to other requirements within this rule, a permittee of a Class II commercial disposal well shall submit information on any new source to the supervisor, and shall obtain approval of the source from the supervisor or authorized representative of the supervisor, prior to injection of fluids from that source. The provisions of this subrule are effective only upon the date of primacy.

(7) A permittee of a Class II well shall file on a quarterly basis the fluid loss or gain in the tubing-casing annulus on a form prescribed by the supervisor within 45 days of the end of each quarter. Rule authorized wells are exempt from this requirement. The provisions of this subrule are effective only upon the date of primacy.

(8) The permittee of a Class II well shall submit an annual chemical analysis of the injectate using same analytes as R 324.802(g)(iv) by March 1 of the following year, or more frequently if there has been a change in sources or characteristics of the injectate.

(9) The permittee shall retain all records pertaining to a Class II injection well for a period of 5 years.

(10) The permittee of any Class II well shall indicate on any submitted report observed noteworthy anomalies or problems identified related to that data. The permittee shall report exceedance of the Maximum Injection Pressure on injection monitoring reports. The provisions of this subrule are effective only upon the date of primacy.

**History**
- *History: 2018 AACS.*
- *History: 2018 AACS.*

##### **Mich. Admin. Code R 324.811** Loss of mechanical integrity {#sec-r-324.811 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.811}

Rule 811. (1) A permittee of an injection well shall notify the supervisor or authorized representative of the supervisor of any pressure test failure, significant pressure changes, or other evidence of a leak in an injection well, within 24 hours of the pressure test failure, significant pressure changes, or other evidence of a leak. For other evidence of a leak received via logging, the notification shall occur within five working days after the operator first determines that the condition exists from reading the log data, but not later than 10 working days after the day the operator receives the log data. If there is evidence that indicates an injection well is not, or may not be, directing the injected fluid into the permitted injection interval, a permittee of an injection well shall immediately cease injection.

(2) A permittee shall submit written notice of the pressure test failure, significant pressure changes, or other evidence of a leak to the supervisor or authorized representative of the supervisor within 5 days of the occurrence, or within 10 days of receiving well logging data, on a form prescribed by the supervisor. If injection has ceased pursuant to subrule (1) of this rule, then a permittee shall not resume injection until the permittee has tested or repaired the well, or both. If the repair requires a change of well status pursuant to R 324.511, or a permit modification, then a plan shall be submitted to, and approved by, the supervisor or authorized representative of the supervisor. The repair or modification plan must demonstrate protection of any underground sources of drinking water.

(3) Before resuming injection, a permittee must demonstrate the well has mechanical integrity and receive an authorization to inject. Verbal authorization from the supervisor or authorized representative of the supervisor is acceptable to commence injection. Written authorization to inject from the supervisor or authorized representative will be issued within 7 days of verbal authorization. Prior to issuance of an authorization to inject, the supervisor or authorized representative shall have witnessed the test or received the test data, reviewed the test data, and determined the permittee has demonstrated that the well has mechanical integrity.

**History**
- *History: 2018 AACS.*

##### **Mich. Admin. Code R 324.812** Cessation of injection wells; request for temporary abandonment status {#sec-r-324.812 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.812}

Rule 812. If an injection well ceases operating for the purpose for which it was intended for 1 year, then a permittee shall plug the well or request temporary abandonment status for the well in writing. The request for temporary abandonment status shall be pursuant to R 324.511. The temporary abandonment status may be granted by the supervisor if, after application and justification by the permittee, the supervisor determines that waste will be prevented. When approving the temporary abandonment status or subsequent extensions, the supervisor may require special actions and monitoring by the permittee to ensure the prevention of waste and endangerment of underground sources of drinking water. If temporary abandonment status is not granted, then the permittee of the injection well shall plug the well. The permittee may petition the supervisor for a hearing to show cause why the well should not be plugged. This rule supersedes R 324.209 for injection wells.

**History**
- *History: 2018 AACS.*

##### **Mich. Admin. Code R 324.813** Suspension of Class II well operations due to threat to public health and safety or underground sources of drinking water {#sec-r-324.813 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.813}

Rule 813. (1) The supervisor or authorized representative of the supervisor may immediately require corrective action at a Class II well, including suspending any or all components of the injection or disposal operations, if the supervisor determines either of the following:

(a) The injection operations are in violation of the provisions of the act, these rules, permit conditions, instructions, or orders of the supervisor.

(b) The injection operations threaten the public health and safety or underground sources of drinking water.

(2) A suspension of injection or disposal operations shall be in effect for not more than 5 days or until the operation is in compliance and protection of the public health and safety and underground sources of drinking water is ensured.

(3) Unless the permittee brings the operations into compliance as required pursuant to subrule (1), the supervisor may issue an emergency order to continue the suspension of injection or disposal operations beyond 5 days, and may schedule a hearing under part 12 of these rules. The total duration of the suspension of injection or disposal operations under this provision shall not be more than 21 days, as provided in section 61516 of Part 615, MCL 324.61516.

(4) Unless the permittee brings the operations into compliance as required pursuant to subrule (1) or (2) of this rule, the supervisor shall issue a new order following a minimum of 10 day notice and public hearing as provided in section 61516 of Part 615, MCL 324.61516(1) and R 324.1211, enter into an administrative consent agreement, or enter other binding instrument to extend the suspension of injection or disposal operations under this provision beyond 21 days. The order, administrative consent agreement, or other binding instrument shall require corrective actions within specific time limits to achieve compliance and protection of the public health and safety and underground sources of drinking water, and shall remain in force until the operation is brought into compliance.

(5) Authorization to resume injection shall not be given by the supervisor or authorized representative of the supervisor until compliance and protection of the public health and safety and underground sources of drinking water is achieved. The authorization to inject will only be given when mechanical integrity is also demonstrated, if applicable.

(6) This rule supersedes R 324.1014 for Class II wells.

**History**
- *History: 2018 AACS.*

##### **Mich. Admin. Code R 324.814** Class II primacy transitional requirements for supervisor and owneroperators {#sec-r-324.814 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.814}

Rule 814. (1) Transitional requirements for the supervisor include all of the following:

(a) Upon the date of primacy, the supervisor shall do the following:

(i) Accept all Class II well permits, including rule authorized wells, issued under the authority of the USEPA administered underground injection control program. These wells are currently permitted under Part 615, and are deemed to meet the requirements of Part 615. Existing permit terms under Part 615 remain in effect.

(ii) Accept records from the USEPA of all Class II wells, including rule authorized wells.

(iii) Accept maximum injection pressures established by permits issued by USEPA including maximum injection pressures issued for rule authorized wells, (iv) Accept mechanical integrity test data and test schedules for all existing Class II wells and rule authorized wells.

(b) Within 30 days following the date of primacy, an owner or operator shall do the following:

(i) Transfer pending applications submitted for Class II wells under the USEPA underground injection control program to the Michigan Department of Environmental Quality, Oil, Gas, and Minerals Division, P.O. Box 30256, Lansing, Michigan 48909, for final review and permitting decisions.

(ii) File or transfer a conformance bond pursuant to R 324.212.

**History**
- *History: 2018 AACS.*

##### **Mich. Admin. Code R 324.815** Class II permit modifications {#sec-r-324.815 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.815}

Rule 815. (1) Modifications to a Class II permit issued pursuant to R 324.206 may be considered major modifications and subject to requirements of R 324.802 and R 324.803.

Minor modifications are not subject to requirements of R 324.802 and R 324.803.

(2) Minor modifications include activities such as the following:

(a) Correcting typographical errors.

(b) Requiring more frequent monitoring or reporting by the permittee.

(c) Changing an interim compliance date in a schedule of compliance, provided the new date is not more than 120 days after the date specified in the existing permit and does not interfere with attainment of the final compliance date requirement.

(d) Change in ownership or operational control of a facility where the supervisor determines that no other change in the permit is necessary.

(e) Changing quantities or types of fluids injected which are within the capacity of the facility as permitted and, in the judgment of the supervisor, would not interfere with the operation of the facility or its ability to meet conditions described in the permit and would not change its classification.

(f) Changes in construction requirements approved by the supervisor or authorized representative of the supervisor, including remedial cementing or adding perforations to the approved injection interval.

(g) Amendment of a plugging and abandonment plan when approved by the supervisor or authorized representative of the supervisor.

(3) The provisions of this rule are effective only upon the date of primacy.

**History**
- *History: 2018 AACS.*

##### **Mich. Admin. Code R 324.816** Class II Cross Reference {#sec-r-324.816 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.816}

Rule 816. For Class II wells, the following rules are applicable: R 324.101 to 324.199, R 324.201 to 324.208, R 324.210 to 324.216, R 324.401 to 324.422, R 324.501 to 324.504, R 324.507, R 324.508, R 324.510, R 324.511, R 324.701 to 324.705, R 324.801 to 324.808, R 324.810 to 324.816, R 324.901 to 324.904, R 324.1001 to 324.1013, R 324.1015, R 324.1101 to 324.1130, R 324.1201 to 324.1212, R 324.1301, and R 324.1401 to 324.1406.

PART 9. PLUGGING

**History**
- *History: 2018 AACS.*

##### **Mich. Admin. Code R 324.901** Notification of intention to abandon and plug well {#sec-r-324.901 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.901}

Rule 901. A person shall not begin the plugging of a well until the permittee of a well has notified the supervisor or authorized representative of the supervisor of his or her intention to abandon the well and has received instructions for the plugging operation. The notification shall provide all of the information requested by the supervisor or authorized representative of the supervisor required to issue plugging instructions. The notification may also include any of the following information:

(a) The present condition of the well.

(b) Casing and sealing information.

(d) The depths of the top of all principal formations.

(e) The depths where oil, gas, and water were encountered.

(f) The method to be used to tag plugs.

(g) The proposed method for handling unusual or hazardous conditions.

(h) The date of the last production or operation.

**History**
- *History: 1996 AACS.*

##### **Mich. Admin. Code R 324.902** Plugging instructions; methods and materials {#sec-r-324.902 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.902}

Rule 902. (1) The supervisor or authorized representative of the supervisor shall issue plugging instructions after receipt of notification pursuant to R 324.901. The plugging instructions shall specify all of the following information:

(a) The type and amount of plugging material to be used.

(b) The depths at which bridges are to be set.

(d) The amount of casing to be pulled.

(e) Other requirements the supervisor determines are necessary for the proper plugging of the well.

(2) A permittee of a well shall ensure that all oil, gas, brine, and fresh water is confined to the strata in which the oil, gas, brine, and fresh water occur by using cement plugs or other plugs approved by the supervisor. A permittee of a well shall ensure that the well is plugged under static hole conditions at all times, unless otherwise approved by the supervisor or authorized representative of the supervisor.

(3) A permittee of a well shall ensure that each cement plug, except for the bottom hole plug required by subrule (5) of this rule, the plug to be set at the base of the surface casing required by subrule (6) of this rule, and the surface plug required by subrule (7) of this rule, is a minimum of 200 feet in length or contains 50 sacks of cement, whichever is the greater volume of cement, unless otherwise approved by the supervisor or authorized representative of the supervisor.

(4) A permittee of a well shall ensure that each cement plug, except for the bottom hole plug required by subrule (5) of this rule and the plug to be set at the base of the surface casing required by subrule (6) of this rule, is allowed to set undisturbed for a minimum of 1 hour and that the fluid level in the casing is continuously observed. If the observed fluid level in the casing drops during the hour, then the cement plug shall be tagged to ensure that the plug is still in place before setting the next plug uphole.If the plug is found not to be in place, then the plug shall be reset.

(5) A permittee of a well shall ensure that the bottom hole cement plug is either:

(a) A minimum of 200 feet in length, is allowed to set undisturbed for a minimum of 4 hours, has reached a compressive strength of 100 psi or more, and is tagged to ensure that it is still in place before setting the next plug uphole; however, if the bottom hole cement plug in a dry hole drilled by rotary methods is a minimum of 400 feet in length and the fluid level in the hole is observed to remain static, then the bottom hole plug is not required to be tagged.

(b) A mechanical bridge plug or other approved bridge has been set and a minimum of 50 feet of cement has been placed on the bridge before setting the next plug uphole.

(6) A permittee of a well shall set the plug at the base of the surface casing using either of the following methods as approved by the supervisor or authorized representative of the supervisor:

(a) In static hole conditions, a cement plug shall be set at a minimum of 100 feet below the surface casing and shall extend a minimum of 100 feet into the surface casing. The cement plug shall be allowed to set undisturbed a minimum of 4 hours, shall have reached a compressive strength of 100 psi or more, and shall be tagged to ensure that it is still in place before setting the next plug uphole. If the plug is found not to be in place, then the plug shall be reset.

(b) A mechanical open hole bridge plug or other approved bridge shall be set a minimum of 100 feet below the surface casing. A cement plug shall then be placed on the mechanical open hole bridge plug or other approved bridge. The cement plug shall extend a minimum of 100 feet into the surface casing, unless otherwise approved by the supervisor or authorized representative of the supervisor.

(7) A permittee of a well shall set a cement surface plug a minimum of 30 feet below the surface and within 5 feet of the surface, unless otherwise approved by the supervisor or authorized representative of the supervisor.

(8) If surface casing is not present, a permittee of a well shall set a mechanical open hole bridge plug or other approved bridge a minimum of 100 feet below the base of the glacial drift or 100 feet below the deepest fresh water stratum, whichever is the greater depth, and shall circulate cement to within 5 feet of the surface.

(9) A permittee of a well shall ensure that the surface pipe or conductor pipe abandoned with the hole is cut off at a point not less than 4 feet below grade, a 1/2-inch steel welded plate or another type of seal approved by the supervisor or authorized representative of the supervisor is placed across the top of the pipe or pipes, and the permit number of the well is permanently affixed to the plate or approved seal at the top of the well.

(10) A permittee shall file, within 60 days after plugging, the final plugging forms and certified copies of the service company records, which shall include all of the following information:

(a) The type of cement and number of sacks used, including the additives and percentages of the additives for each cement bridge plug.

(b) The type and volume of plugging material used if other than cement.

(d) Other materials left in the hole.

(e) Service companies’ records of cementing operations if requested by the supervisor or authorized representative of the supervisor.

(f) All available graphics, if requested by the supervisor or authorized representative of the supervisor, showing the all of following information:

(i) Pumping.

(ii) Placement of cement.

(iii) Weights.

(iv) Times.

(v) Pump rates.

(vi) Other pertinent data dealing with the plugging operations.

(g) The amounts and type of mix water used for each sack of cement.

(h) The volume and types of spacers and flushes used.

(i) The operator’s daily plugging records.

(11) At a permittee's option, the well bore may be plugged from bottom to top with a material approved by the supervisor if the hydrostatic pressure of the material used is not allowed to exceed the fracturing pressure of the strata.

**History**
- *History: 1996 AACS.*

##### **Mich. Admin. Code R 324.903** Commencement of plugging operations {#sec-r-324.903 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.903}

Rule 903. (1) A permittee of a well shall commence plugging operations within 90 days after drilling completion or well completion as a dry hole, when the well has not economically produced or has not been utilized for its permitted use for more than 12 consecutive months, when a change of well status has not been granted, or when the permitted use has been suspended for more than 12 consecutive months. The supervisor may require, or a permittee may submit, proof that is necessary to determine if the well is being economically produced.

(2) After receiving a written request showing just cause why the well should not be plugged, the supervisor or authorized representative of the supervisor may grant temporary abandonment status pursuant to R 324.209 or require completion of the plugging operations.

(3) A permittee may petition the supervisor for a hearing to show cause why the well should not be plugged.

**History**
- *History: 1996 AACS.*

##### **Mich. Admin. Code R 324.904** Pulling of surface pipe and conductor pipe {#sec-r-324.904 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.904}

Rule 904. A permittee of a well shall ensure that surface pipe or conductor pipe is not pulled at a location, unless it is required by the supervisor.

PART 10. WELL SITES AND SURFACE FACILITIES; PREVENTION OF

FIRES, POLLUTION, AND DANGER TO, OR DESTRUCTION OF, PROPERTY

OR LIFE

**History**
- *History: 1996 AACS.*

##### **Mich. Admin. Code R 324.1001** Well sites and surface facilities; flammable and combustible material {#sec-r-324.1001 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.1001}

Rule 1001. A permittee of a well shall ensure that the area around the well and surface facilities is kept clear of flammable and combustible material stored within a radius of 75 feet, or as approved by the supervisor, using the well or dike wall as the point of measurement. The supervisor, if conditions warrant, may also require construction of a fire line around the outer edge of the cleared area. A permittee of a well shall ensure that the disposal of material resulting from the clearing operations is consistent with all applicable state and federal laws and regulations.

**History**
- *History: 1996 AACS.*

##### **Mich. Admin. Code R 324.1002** Secondary containment requirements and construction standards {#sec-r-324.1002 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.1002}

Rule 1002. (1) All wellheads and pump jacks installed after the effective date of these rules and surface facilities constructed for hydrocarbon, gas, brine injection, or brine handling or surface facilities converted to brine injection or handling after November 15, 1989, shall provide for secondary containment pursuant to the requirements of this rule. A permittee of a well shall maintain all existing dikes or fire walls approved before November 15, 1989, in a manner to form a reservoir that has a capacity of 1 1/2 times the capacity of the enclosed tank or tank battery and shall keep the reservoir free of oil, emulsions, tank bottoms, brine, water, vegetation, debris, or any flammable or combustible material. The supervisor or authorized representative may require surface facilities for hydrocarbon, gas, brine injection, or brine handling constructed before November 15, 1989, to be upgraded to meet the requirements of this rule if the facility is substantially reconstructed.

(2) A permittee of a well shall submit secondary containment plans to the supervisor or authorized representative of the supervisor for approval before construction of the facility.

The secondary containment plans shall consist of a plot plan of the proposed facility and cross sections showing construction details of the sidewalls and floor or floors of all secondary containment areas, including the proposed overall dimensions of the facility.

The supervisor or authorized representative of the supervisor shall approve or disapprove the secondary containment plans within 30 days of receipt of the plans.

(3) A permittee of a well shall comply with all of the following minimum construction standards to meet the secondary containment requirements of this rule:

(a) A permittee shall be required to prepare a hydrogeological investigation of the facility area to establish local background groundwater quality. The hydrogeological investigation shall include all of the following:

(i) Water quality sampling pursuant to the parameters established in R 324.802(g)(iv).

(ii) A determination of the direction of groundwater flow and depth to the groundwater in the uppermost aquifer.

(iii) A chemical analysis showing the concentrations of benzene, ethylbenzene, toluene, and xylene.

(iv) A geologic description of earth materials, both horizontally and vertically, in the immediate vicinity of the proposed facility.

(b) Each facility shall be required to have 1 of the following monitoring systems to detect leakage from hydrocarbon or brine storage secondary containment areas:

(i) A minimum of 1 groundwater monitoring well downgradient which is in close proximity to all hydrocarbon or brine storage secondary containment areas.

(ii) Tertiary containment underlying the secondary containment, which shall be constructed and sealed in a manner to capture any hydrocarbons or brine that may leak or seep through the secondary containment. A layer of permeable material and a monitoring tube shall be placed between the secondary and tertiary containment to allow monitoring to determine the presence of any leakage or seepage through the secondary containment.

(c) A vessel that contains hydrocarbons or brine, or both, shall be elevated and placed on impervious pads or constructed so that any leakage can be easily detected. A vessel that is to be used on-site for 30 days or less shall, at a minimum, be placed on leak-resistant material.

(d) A hydrocarbon and brine storage vessel, including oil heating and treating equipment, shall be located in a secondary containment area and the containment volume shall be in compliance with the following minimum requirements, as applicable:

(i) Containment areas that have only brine storage vessels shall be constructed to contain 150% of the largest storage vessel.

(ii) Containment areas with only hydrocarbon storage vessels shall be constructed pursuant to R 29.2301 et seq.

(iii) Containment areas where both hydrocarbon and brine storage vessels are located shall be in compliance with the volume requirements for the largest storage vessels.

(iv) Precipitation shall be taken into consideration in the design of the secondary containment area.

(e) The sidewalls and floor of the secondary containment and spill containment areas shall be constructed and sealed in a manner to prevent the seepage of hydrocarbons or brine, or both, into the surrounding soils, surface waters, or groundwater.

(f) A hydrocarbon and brine storage vessel shall not be erected, enclosed, or maintained closer than 200 feet from any drilling or producing well.

(g) Oil heating or treating equipment shall not be erected, enclosed, or maintained closer than 75 feet from any drilling or producing well or oil storage tank or tank battery.

(h) Dikes shall be maintained and the enclosure kept free of all of the following:

(i) Oil.

(ii) Emulsions.

(iii) Tank bottoms.

(iv) Brine.

(v) Water.

(vi) Vegetation.

(vii) Debris.

(viii) Any flammable or combustible material.

(i) The hydrocarbon and brine truck loading and unloading areas located outside of hydrocarbon or brine storage secondary containment areas shall have a spill containment capacity equal to double the volume of the hoses used to connect the truck to the tanks, but not less than a capacity of 5 barrels. The spill containment shall be constructed and sealed in a manner that prevents the seepage of hydrocarbons or brine, or both, into the surrounding soils, surface waters, or groundwater.

(j) Brine disposal well truck unloading areas and commercial brine truck loading and unloading areas located outside of hydrocarbon or brine storage secondary containment areas shall be constructed and sealed in a manner that prevents the seepage of hydrocarbons or brine, or both, into the surrounding soils, surface waters, or groundwater. In addition, a ramp shall be constructed to contain the unloading vehicle, its hoses, and connections within the ramp area. The ramp area shall contain a sump and be connected to a secondary containment area so that any spillage drains into the sump and into the secondary containment area. The spill containment ramp and sump shall have a combined capacity of not less than 20 barrels.

(k) Sumps shall be constructed of materials impervious to hydrocarbons and brines and resistant to damage and deterioration during use. Sumps shall be connected to the ramp area and the secondary containment area in a manner that prevents leakage.

(l) Surface facilities for hydrocarbon and brine handling shall be constructed to meet all of the following minimum requirements:

(i) All transfer and injection pumps shall have leak containment.

(ii) All brine and hydrocarbon flow lines to a facility are considered part of that facility and are subject to the following requirements:

(A) All flow lines shall be pressure tested pursuant to the provisions of paragraph (iii)(A),(B),(C),(E), and (G) of this subdivision.

(B) A permittee may elect to not perform the pressure testing of the flow lines, except flow lines that transport brine only, if the permittee performs visual inspections of the entire flow line corridor every 3 months, except when impractical due to snow cover, and reports the results of the inspections to the supervisor or authorized representative of the supervisor annually by January 31 of each year for the previous calendar year.

(iii) All buried facility piping for the transport of liquids shall be pressure-tested pursuant to the following provisions, as applicable:

(A) Piping made of noncorrodible or corrosion-protected material shall be pressuretested every 3 years.

(B) All piping other than piping specified in subparagraph (A) of this paragraph shall be pressure-tested every 12 months.

(C) If buried piping is excavated for repair or relocation, then the disturbed portion shall be pressure-tested immediately pursuant to subparagraphs (D) and (E) of this paragraph.

(D) The pressure test shall be 100% of the normal oil and gas separator operating pressure. The pressure shall be stabilized at 90% of test pressure, at a minimum, and shall hold for a period of 15 minutes.

(E) A permittee shall provide certification to the supervisor or authorized representative of the supervisor, within 30 days of a pressure test, that a pressure test was conducted and the facility piping passed the pressure test. If a facility’s piping does not pass the pressure test, the supervisor or authorized representative of the supervisor shall be notified by the permittee within 48 hours after the test. If the pressure test indicated that the facility’s piping leaked, then the piping shall be repaired and retested before putting the piping back in service. After the repair of the piping, the permittee shall report the repair to the supervisor or authorized representative of the supervisor and provide certification that the piping has been retested and is not leaking.

(F) Single-phase gas lines are not subject to the pressure test requirements if the lines are protected by a liquid phase trap.

(G) The supervisor may approve or require other pressure testing or leak detection methods in place of the pressure testing required in this paragraph.

(iv) At production or injection well facilities, all piping shall be routed above the ground and kept within the secondary containment area where practical. Piping that cannot be routed above the ground shall have its location marked with posts or with other locationidentifying markers approved by the supervisor or authorized representative of the supervisor so that the buried piping can be easily located.

(v) Brine injection wells shall have a working check valve on the flow line at or near the wellhead to avoid backflow.

(vi) All hydrocarbon and brine loading and unloading facility transfer lines that are not in use shall be secured to prevent spillage. A shutoff valve shall be installed at the truck connect point and at the storage vessels. At connect points, impermeable drip containment vessels shall be used and shall be an adequate size to contain all spillage and precipitation to avoid overflow.

(m) Wellheads, flare pits, vents, and flare stacks shall have secondary containment and spill containment areas constructed in a manner to prevent the seepage of hydrocarbons or brine, or both, into the surrounding soils, surface waters, or groundwater. Secondary containment at the wellhead shall be constructed in a manner to capture any leakage of liquid that may occur. In addition, if the wellhead is provided with a pump jack or is converted to a pump jack equipped with a gasoline or diesel-powered engine, then the engine shall also have secondary containment that is sufficient to prevent the seepage of any machine oils or fuels into the surrounding soils, surface waters, or groundwater.

Injection wells utilized for gas storage are exempt from this subrule.

(4) Upon completion of the construction of the facility, but before its use, a permittee of a well shall certify, to the supervisor or authorized representative of the supervisor, that the secondary containment area was constructed according to the approved plan. A permittee shall ensure that an approved spill or loss response and remedial action plan is also on file with the supervisor or authorized representative of the supervisor before a facility is used.

(5) Before any significant modification of the secondary containment area occurs, a permittee of a well shall notify the supervisor or authorized representative of the supervisor and receive approval before making the modification. The supervisor or authorized representative of the supervisor shall approve or deny the request within 10 days of receipt of the request.

(6) A permittee of a well shall perform inspections at the facility at a frequency that is sufficient to ensure that the throughput of fluids in the system does not exceed the primary and secondary containment capacity between inspections. The permittee shall perform at least 1 inspection per week.

(7) The supervisor shall require the installation of an automatic facility shutdown system if the facility has a throughput of liquids in a 24-hour period that exceeds the containment volume of the secondary containment area. The automatic shutdown system shall be designed to prevent liquids from overflowing the secondary containment area. A facility shall be exempt from the requirement of an automatic shutdown system if the facility has staff present 24 hours per day and is equipped with alarm systems on the tank or tanks of the tank battery.

(8) The monitoring system required by R 324.1002(3)(b) shall be kept in a functional condition so that water samples can be collected and water level measurements can be taken every 6 months. The water samples shall be tested for specific conductance as an indicator of dissolved solids, concentrations of chloride, and a chemical analysis pursuant to subrule (3)(a)(iii) of this rule, except the chemical analysis provided by subrule (3)(a)(iii) of this rule shall not be required at monitoring systems at surface facilities where liquid hydrocarbons are not handled. If sampling indicates a possible problem, then additional sampling for the water quality parameters established in R 324.802(g)(iv) may be required.

The results of the sample analysis shall be provided to the supervisor or authorized representative of the supervisor as soon as the results are available. If the samples taken by the permittee show substantial increases above background water quality, then the permittee shall, at a minimum, increase monitoring. If the samples confirm that hydrocarbons are present at levels above background, then the permittee shall immediately take remedial action in the form of containment and removal.

(9) A permittee of a well shall provide a right of entry to the facility for monitoring at all times to the supervisor or authorized representative of the supervisor.

Editor's Note: An obvious error in R 324.1002 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Michigan Register, 2018 MR 11. The memorandum requesting the correction was published in Michigan Register, 2018 MR 18.

**History**
- *History: 1996 AACS; 2018 AACS.*

##### **Mich. Admin. Code R 324.1003** Restoration of well site; filling and leveling of cellars, pits, and excavations; removal of debris {#sec-r-324.1003 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.1003}

Rule 1003. A permittee of a well shall fill and level the cellar and all pits and excavations, remove or eliminate debris, minimize erosion, and restore the well site as nearly as practicable to the original land contour or to a condition approved by the supervisor or authorized representative of the supervisor as soon as practical after the completion of plugging to the surface, but not more than 6 months after the completion of plugging to the surface.

**History**
- *History: 1996 AACS.*

##### **Mich. Admin. Code R 324.1004** Safety measures {#sec-r-324.1004 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.1004}

Rule 1004. If hazards to life or property, or both, exist, then a permittee of a well shall post safety signs in conspicuous places around the well or surface facility. The supervisor or authorized representative of the supervisor may require the installation of fences, gates, or other safety measures.

**History**
- *History: 1996 AACS.*

##### **Mich. Admin. Code R 324.1005** Use of pits to collect waste oil and tank bottoms prohibited; conveying, storing, or disposing of waste oil and tank bottoms {#sec-r-324.1005 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.1005}

Rule 1005. A permittee of a well shall not use earthen pits to collect waste oil and tank bottoms. A permittee shall not convey, store, or dispose of waste oil and tank bottoms in a manner that causes waste.

**History**
- *History: 1996 AACS.*

##### **Mich. Admin. Code R 324.1006** Cleanup and disposal of losses {#sec-r-324.1006 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.1006}

Rule 1006. A permittee of a well shall clean up and dispose of, in a manner consistent with these rules and all applicable state and federal laws and regulations, losses of oil, gas, or brine from wells, flow lines, and associated surface facilities.

**History**
- *History: 1996 AACS.*

##### **Mich. Admin. Code R 324.1007** Notice of serious accident; reporting {#sec-r-324.1007 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.1007}

Rule 1007. (1) A person shall immediately notify the supervisor or authorized representative of the supervisor of a serious accident that has created, or may create, a fire or other hazard that may cause waste. The notification shall be made within 8 hours of the accident, by telephone, and shall give the particulars of the accident. A detailed written report shall be submitted to the supervisor or authorized representative of the supervisor within 15 days of the accident.

(2) If a person cannot contact the supervisor or authorized representative of the supervisor after an accident, then the person shall immediately telephone the pollution emergency alerting system.

**History**
- *History: 1996 AACS.*

##### **Mich. Admin. Code R 324.1008** Reporting of losses, spills, and releases {#sec-r-324.1008 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.1008}

Rule 1008. (1) A permittee of a well shall, under this rule and instructions issued by the supervisor and in compliance with all applicable state and federal laws and regulations, promptly report and record all reportable losses, spills, and releases of any of the following:

(a) Brine.

(b) Crude oil.

(d) Natural gas.

(e) Products and chemicals used in association with oil and gas exploration, production, disposal, or development.

(2) A permittee of a well shall promptly report, within 8 hours of a loss, release, or spill discovery, by telephone or in person, to the supervisor or authorized representative of the supervisor during normal business hours or to the department of environmental quality, pollution emergency alerting system between 5 p.m. and 8 a.m. and on weekends and holidays, all losses or releases of gas that result in, or may result in, a nuisance odor or unnecessary endangerment of public health or safety, and all losses or spills of 42 gallons or more of brine, crude oil, or oil and gas field waste. A permittee shall provide all of the following minimum information, to the extent known, when reporting the loss, spill, or release:

(a) The name of person reporting the loss, spill, or release.

(b) The name of permittee who has sustained the loss, spill, or release.

(d) The date and time that the loss, spill, or release was discovered.

(e) The date and time cleanup commenced.

(f) The location of the loss, spill, or release, including all of the following information:

(i) Well name.

(ii) Quarter-quarter-quarter section.

(iii) Section number.

(iv) Township.

(v) County.

(g) The material lost, spilled, or released.

(h) The volume of the loss, spill, or release.

(i) The volume of the loss, spill, or release recovered.

(j) The cleanup or recovery measures taken.

(k) The cause of the loss, spill, or release.

(l) Whether the loss, spill, or release contacted surface waters, groundwater, or other environmentally sensitive resources.

(m) The approximate air temperature, wind direction, wind velocity, and precipitation conditions at the time of the spill or release.

(3) A permittee of a well shall submit written notification of the losses, spills, and releases to the supervisor or authorized representative of the supervisor by completing all parts of the form provided by the supervisor within 10 days from the time the loss, spill, or release was discovered.

(4) A permittee of a well shall report all losses or spills of less than 42 gallons of brine, crude oil, or oil and gas field waste by completing only parts 1 and 3 of the form provided by the supervisor if both of the following provisions apply:

(a) The loss or spill does not contact surface waters, groundwater, or other environmentally sensitive resources.

(b) The loss or spill is completely contained and cleaned up within 48 hours from the time the loss or spill was discovered.

(5) If a loss or spill of less than 42 gallons of brine, crude oil, or oil and gas field waste does contact surface waters, groundwater, or other environmentally sensitive resources, or is not completely contained and cleaned up within 48 hours from the time the loss or spill was discovered, then a permittee of a well shall report the loss or spill as provided by subrule (2) of this rule and submit the written notification as provided by subrule (3) of this rule.

(6) If the loss or spill is less than 42 gallons of brine, crude oil, or oil and gas field waste, then the loss is not a reportable loss or spill if the loss or spill occurs while a permittee or an authorized representative of the permittee is on-site and the loss or spill is completely contained and cleaned up within 1 hour of the occurrence.

(7) A permittee of a well shall promptly report, within 8 hours of discovery of the loss or spill, by telephone or in person, a loss or spill of other chemicals used in association with oil and gas exploration, production, disposal, or development, shall provide the information required in subrule (2)(a) through (l) of this rule, and shall complete the form required in subrule (3) of this rule. A permittee shall report the losses or spills under other applicable state and federal laws and regulations.

**History**
- *History: 1996 AACS; 2001 AACS.*

##### **Mich. Admin. Code R 324.1009** Smoking and open flame restrictions {#sec-r-324.1009 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.1009}

Rule 1009. A permittee of a well shall ensure that smoking and open flames shall not occur where oil or gas, or both, constitutes a hazard of fire or explosion.

**History**
- *History: 1996 AACS.*

##### **Mich. Admin. Code R 324.1010** Gas burning, processing, or disposal {#sec-r-324.1010 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.1010}

Rule 1010. A permittee of a well shall ensure that all gas produced in the operation or testing of wells that is not utilized is burned, processed, or disposed of in a manner consistent with these rules and all applicable state and federal laws and regulations. The gas shall not be burned closer than 100 feet from a well or storage tank or 300 feet from structures used for public or private occupancy or from any other flammable and combustible material.

**History**
- *History: 1996 AACS.*

##### **Mich. Admin. Code R 324.1011** Purging, removal, and abandonment of lines and vessels {#sec-r-324.1011 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.1011}

Rule 1011. A permittee of a well shall purge all flow lines and vessels, including tanks, if the flow lines or vessels are not used for 1 year and shall provide notification of the purging operation to the supervisor or authorized representative of the supervisor. The supervisor may require the line to be removed or abandoned.

**History**
- *History: 1996 AACS.*

##### **Mich. Admin. Code R 324.1012** Identification of wells and surface facilities {#sec-r-324.1012 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.1012}

Rule 1012. (1)A permittee of a well shall ensure that a well is identified by a sign which is posted in a conspicuous place and which is not more than 20 feet from the well. A sign shall be durably constructed, be kept in good condition, and the lettering shall be not less than 1 1/2 inches high and legible under normal conditions at a distance of 25 feet. A sign shall show all of the following information:

(a) The permit number.

(b) The name of the permittee.

(d) The well location by quarter-quarter section, township, and range.

(e) A telephone number by which an authorized representative of the permittee may be contacted at any time to respond to an emergency at the well.

(2) A surface facility shall be identified by a sign which is posted in a conspicuous place and which is not more than 25 feet from the outside limits of the surface facility or at a location prescribed by the supervisor or authorized representative of the supervisor. A sign shall show all of the following information:

(a) The name of the permittee or owner.

(b) A telephone number by which an authorized representative of the permittee may be contacted at any time to respond to an emergency at the facility.

(c) The location by quarter-quarter section, township, and range. If more than 1 facility is located at a common site, 1 identification sign is sufficient. A sign shall be kept in good condition and the lettering shall be not less than 1 1/2 inches high and legible under normal conditions at a distance of 25 feet.

**History**
- *History: 1996 AACS; 2001 AACS.*

##### **Mich. Admin. Code R 324.1013** Nuisance odors {#sec-r-324.1013 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.1013}

Rule 1013. A person shall not cause a nuisance odor in the exploration for, or in the development, production, handling, or use of, oil, gas, or brine or in the handling of any product associated with the exploration, development, production, or use of oil, gas, or brine.

**History**
- *History: 1996 AACS.*

##### **Mich. Admin. Code R 324.1014** Suspension of OIL AND GAS operations due to threat to public health and safety {#sec-r-324.1014 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.1014}

Rule 1014. (1) The supervisor or authorized representative of the supervisor shall have the authority to immediately require corrective action, including suspending any or all components of the oil and gas operations, if the oil and gas operations have been determined by the supervisor to be in violation of the provisions of the act, these rules, permit conditions, instructions, or orders of the supervisor and threatens the public health and safety.

(2) A suspension of oil and gas operations shall be in effect for not more than 5 days or until the operation is in compliance and protection of the public health and safety is ensured. To extend the suspension beyond 5 days, the supervisor shall issue an emergency order to continue the suspension of oil and gas operations and may schedule a hearing under part 12 of these rules. The total duration of the suspension of oil and gas operations shall not be more than 21 days, as provided in section 61516 of the act.

**History**
- *History: 1996 AACS; 2002 AACS.*

##### **Mich. Admin. Code R 324.1015** Nuisance noise; “decibel,” “decibels on the a-weighted network,” “noisesensitive area,” and “nuisance noise” defined {#sec-r-324.1015 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.1015}

Rule 1015. (1) A person shall not cause a nuisance noise in the production, handling, or use of oil, gas, or brine or in the handling of any product associated with the production or use of oil, gas, or brine.

(2) If the supervisor or authorized representative of the supervisor receives 1 or more complaints of noise heard by the complainant at noise-sensitive areas that is attributed to a surface facility, then the supervisor may require the permittee to collect decibel readings to determine the sound levels at the noise-sensitive areas and at a distance of 1,320 feet from the facility. If the sound level of the facility is more than 45 decibels on the a-weighted network at a distance of 1,320 feet from the facility, then the supervisor or authorized representative of the supervisor may find that a nuisance noise exists after considering all applicable information, including the distance between the surface facility and the noisesensitive areas, the sound levels at the noise-sensitive areas, and sound attributable to sources other than the surface facility. The supervisor or authorized representative of the supervisor may require appropriate noise control measures to reduce the decibel levels. If noise control measures are required, then the permittee shall submit, to the supervisor or authorized representative of the supervisor, for approval, an abatement plan and schedule for implementation within 30 days of a determination by the supervisor or authorized representative of the supervisor that noise control measures are necessary.

(3) As used in this rule:

(a) “Decibel” means a unit of sound level on a logarithmic scale measured relative to the threshold of audible sound by the human ear in compliance with the ANSI standard 1.1, entitled “Acoustical Terminology,” 1994 edition, which is adopted by reference in these rules. Copies of the standard are available for inspection at the Lansing office of the office of oil, gas, and minerals of the department of environmental quality. Copies may be obtained from the Michigan Department of Environmental Quality, Office of Oil, Gas, and Minerals, P.O. Box 30256, Lansing, Michigan 48909, at a cost as of the time of adoption of these rules of $100.00 each, and from the American National Standards Institute, 11 West 42nd Street, New York, NY 10036, at a cost as of the time of adoption of these rules of $100.00 each.

(b) “Decibels on the a-weighted network” means decibels measured on the a-weighted network of a sound level meter, as specified in the ANSI standard 1.4, entitled “Specifications for Sound Level Meters,” 1983 edition, which is adopted by reference in these rules. Copies of the standard are available for inspection at the Lansing office of the office of oil, gas, and minerals of the department of environmental quality. Copies may be obtained from the Michigan Department of Environmental Quality, Office of Oil, Gas, and Minerals, P.O. Box 30256, Lansing, Michigan 48909, at a cost as of the time of adoption of these rules of $70.00 each, and from the American National Standards Institute, 11 West 42nd Street, New York, NY 10036, at a cost as of the time of adoption of these rules of $70.00 each.

(c) “Noise-sensitive area” means a residential dwelling, place of worship, school, or a hospital and also means an existing site that is maintained for public recreation for which quiet is a primary consideration in the use of the site.

(d) “Nuisance noise” means any noise from a well or its associated surface facilities that causes injurious effects to human health or safety or the unreasonable interference with the comfortable enjoyment of life or property.

**History**
- *History: 1996 AACS; 2015 AACS.*

##### **Mich. Admin. Code R 324.1016** Construction standards for noise abatement at compressors associated with surface facilities {#sec-r-324.1016 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.1016}

Rule 1016. (1) This rule shall apply to compressors that have motors rated for more than 150 horsepower.

(2) A permittee of a well who installs a compressor after the effective date of these rules, or a permittee of a well who substantially reconstructs an enclosure for a compressor after the effective date of these rules, shall comply with all of the following provisions:

(a) The compressor, drive motor, and cooler shall be completely enclosed.

(b) The walls, doors, and roof of the enclosure shall be completely lined with soundabsorbent material.

(d) Air intake and exhaust passages shall be constructed so as to include at least 1 rightangle turn between the point of air entrance or exit to or from the passage and the main volume of the compressor enclosure. Air intake and exhaust passages shall be completely lined with sound- absorbent material, unless the passages vent through the roof.

(e) The compressor shall be capable of operating with the enclosure doors closed at ambient air temperatures of 85 degrees Fahrenheit or lower."Doors" as used in this rule shall not include necessary openings for air intake and exhaust passages.

(3) The supervisor or authorized representative of the supervisor may grant an exception to the requirements of subrule (2) of this rule if a permittee designs and constructs a compressor according to a plan submitted to, and approved by, the supervisor or authorized representative of the supervisor. The plan shall provide for sound abatement equal to or exceeding the sound abatement standard specified in subrule (2)(a) of this rule.

(4) A compressor which is installed as a replacement for, and on the same site as, a compressor that was installed before the effective date of these rules and which is an equivalent size as the previous compressoris not subject to subrule (2) of this rule.

PART 11. HYDROGEN SULFIDE MANAGEMENT

**History**
- *History: 1996 AACS.*

##### **Mich. Admin. Code R 324.1101** Definitions; B to M {#sec-r-324.1101 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.1101}

Rule 1101. As used in this part:

(a) "Briefing area" means a specified geographic area nearby where all personnel can safely assemble in an emergency.

(b) "Colorimetric or length of stain tubes" means glass tubes that contain a chemical which changes color upon exposure to a specified substance and which allow the concentration of the specified substance to be read directly.

(c) "Emergency preparedness coordinator" means an individual appointed pursuant to Act No. 390 of the Public Acts of 1976, being §30.401 et seq.of the Michigan Compiled Laws, to coordinate emergency planning or services within the county or municipality.

(d) "Existing H2S well" means an H2S well that is drilled and completed before September 2, 1987.

(e) "Existing process equipment" means equipment for the production of oil or gas, or both, which was in existence, and through which oil or gas, or both, was being produced, before September 2, 1987. Existing process equipment does not include gas sweetening plants or stripping plants.

(f) "Flare" means a device for the burning of gasses in which the flame is exposed to the atmosphere and burning takes place at a height of not less than 20 feet above the ground.

(g) "H2S well" means a well that contains a hydrogen sulfide content in the gas of not less than 300 ppm.

(h) "Incinerator" means a device specifically designed for the destruction, by burning, of combustible gasses, in which the products of combustion are emitted to the outer air by passing through a stack or chimney that opens to the outer air at a height of not less than 20 feet above the ground.

(i) "Mcf" means 1,000 cubic feet of gas at standard conditions of 14.65 psi absolute and at 60 degrees Fahrenheit.

**History**
- *History: 1996 AACS.*

##### **Mich. Admin. Code R 324.1102** Definitions; N to W {#sec-r-324.1102 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.1102}

Rule 1102. As used in this part:

(a) "NACE" means the national association of corrosion engineers.

(b) "New H2S well" means an H2S well that is drilled or completed after September 2, 1987.

(c) "Radius of exposure" means the distance, in feet, that results when appropriate values are substituted for the variables in the following equation:

RoE = (A x B x C) 0.6258 where A = 1.589 for a 100-ppm radius of exposure.

B = the mole fraction concentration of hydrogen sulfide in the released gas.

C = the maximum volume of gas determined to be available for release in cubic feet per 24 hours. The radius of exposure is the distance from a point of release at which a specified concentration of hydrogen sulfide would occur if gas of a known concentration of hydrogen sulfide were released at a known rate.

(d) "Safety equipment" means, at a minimum, all of the following items:

(i) First aid kits.

(ii) Stretchers.

(iii) Blankets.

(iv) Portable dry chemical fire extinguishers.

(v) Ropes.

(vi) Flare guns and flares.

(vii) Battery-operated lanterns.

(viii) Portable electronic hydrogen sulfide detectors.

(ix) Warning signs that have the word "Danger" or "Caution" followed by the words "Poison Gas."

(x) Two copies of the owner's contingency plan.

(xi) Not less than 2 portable, self-contained, pressure-demand breathing apparatus that have a 30-minute air supply.

(xii) A supply of compressed breathable air or oxygen that is sufficient to recharge each self-contained breathing apparatus at least once.

(e) "Well class" means the category into which an H2S well falls or, in the case of an H2S well to be drilled, the category into which it is expected that the well will fall, as follows:

(i) "Class I H2S well" means a well that has a 100-ppm radius of exposure of more than 300 feet and a hydrogen sulfide content in the gas of not less than 300 ppm.

(ii) "Class II H2S well" means a well that has a 100-ppm radius of exposure of not less than 100 feet and not more than 300 feet and a hydrogen sulfide content in the gas of not less than 300 ppm.

(iii) "Class III H2S well" means a well that has a 100-ppm radius of exposure of less than 100 feet and not less than 30 feet and a hydrogen sulfide content in the gas of not less than 300 ppm.

(iv) "Class IV H2S well" means a well that has a 100-ppm radius of exposure of less than 30 feet and a hydrogen sulfide content in the gas of not less than 300 ppm.

**History**
- *History: 1996 AACS.*

##### **Mich. Admin. Code R 324.1103** Metallic component standards {#sec-r-324.1103 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.1103}

Rule 1103. A permittee of a well shall ensure that metallic components of the well, flow line, and associated surface facilities installed during the course of drilling, completing, testing, producing, repair, workover, or servicing operations after September 2, 1987, where applicable, are in compliance with or exceed the standards for use in a hydrogen sulfide environment set forth in the NACE standard MR0175-2000, 2000 edition, entitled “Sulfide Stress Cracking Resistant Metallic Material for Oil Field Equipment,” which is adopted by reference in these rules. Copies may be inspected at the Lansing office or field offices of the office of oil, gas, and minerals of the department of environmental quality.

Copies may be obtained from the Michigan Department of Environmental Quality, Office of Oil, Gas, and Minerals, P.O. Box 30256, Lansing, Michigan 48909, at a cost as of the time of adoption of these rules of $50.00 each, and from the National Association of Corrosion Engineers, P.O. Box 218340, Houston, Texas 77218, at a cost as of the time of adoption of these rules of $50.00 each.

**History**
- *History: 1996 AACS; 2001 AACS; 2015 AACS.*

##### **Mich. Admin. Code R 324.1104** Permittee compliance with this part and state and federal laws and regulations {#sec-r-324.1104 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.1104}

Rule 1104. A permittee of a well shall comply with all of the provisions of this part.

Compliance with this part does not exempt a permittee from complying with all applicable state and federal laws and regulations governing air pollution and emissions.

**History**
- *History: 1996 AACS.*

##### **Mich. Admin. Code R 324.1105** Classification of H2S wells; applicability of rules to well classes {#sec-r-324.1105 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.1105}

Rule 1105. (1) An H2S well is considered a class I H2S well and is subject to the requirements of R 324.1103, R 324.1104, R 324.1106 to R 324.1115(1) to (5) and (7), and R 324.1116 to R 324.1130, unless a permittee can supply data showing that the well is a class II H2S, class III H2S, or class IV H2S well.

(2) An H2S well that is considered to be a class II H2S well is subject to the requirements of R 324.1103, R 324.1104, R 324.1106 to R 324.1115(1) to (5) and (7), R 324.1116 to R 324.1129, and R 324.1130(1),(3) and (4).

(3) An H2S well that is considered to be a class III H2S well is subject to the requirements of R 324.1103, R 324.1104, R 324.1106 to R 324.1109, R 324.1111, R 324.1112, R 324.1114, R 324.1115(1) to (5) and (7), R 324.1116 to R 324.1129, and R 324.1130(1) and (4).

(4) An H2S well that is considered to be a class IV H2S well is subject to the requirements of R 324.1103, R 324.1104, R 324.1106 to R 324.1109, R 324.1111, R 324.1112(2), R 324.1114, R 324.1115(6) and (7), R 324.1118 to R 324.1124, R 324.1126 to R 324.1129, and R 324.1130(1) and (4).

(5) If a well is being drilled through, but not completed in, a reservoir known to contain hydrogen sulfide-bearing gas, then the well shall be in compliance with the requirements of the H2S well class to which it would be assigned if it were completed in the reservoir.

Compliance shall continue until all hydrogen sulfide-bearing zones have been cased off.

(6) The supervisor may require a permittee to provide the information necessary to determine whether these rules apply to a well.

**History**
- *History: 1996 AACS; 2001 AACS.*

##### **Mich. Admin. Code R 324.1106** Location of H2S wells and associated surface facilities {#sec-r-324.1106 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.1106}

Rule 1106. (1) New H2S wells shall be located not less than 300 feet from existing water wells, existing structures used for public or private occupancy, existing areas maintained for public recreation, or the edge of the traveled portion of an existing interstate, United States, or state highway.

(2) Surface facilities associated with new H2S wells shall be located not less than 600 feet from existing water wells, existing structures used for public or private occupancy, existing areas maintained for public recreation, or the edge of the traveled portion of an existing interstate, United States, or state highway. The supervisor or authorized representative of the supervisor may grant an exception to the setback distance to not less than 450 feet for a class II H2S well and not less than 300 feet for a class III H2S well and a class IV H2S well either upon presentation, to the supervisor or authorized representative of the supervisor, of a consent form, provided by the supervisor, signed by the owner or owners of all existing water wells, existing structures used for public or private occupancy, or existing areas maintained for public recreation located less than 600 feet from the proposed process equipment site or upon receipt of a petition from the permittee for a hearing pursuant to part 12 of these rules.

(3) If existing process equipment is located less than 600 feet from existing water wells, existing structures used for public or private occupancy, existing areas maintained for public recreation, or a state, United States, or interstate highway, then the supervisor or authorized representative of the supervisor may require relocation of the facility if it is substantially reconstructed after September 2, 1987.

(4) The supervisor shall not require relocation of an existing facility because of its proximity to an existing water well, to a structure used for public or private occupancy, to an area maintained for public recreation, or to a state, United States, or interstate highway constructed or established after the installation of the facility or after September 2, 1987.

**History**
- *History: 1996 AACS.*

##### **Mich. Admin. Code R 324.1107** Training {#sec-r-324.1107 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.1107}

Rule 1107. (1) A permittee of a well is responsible for ensuring that all agents, employees, or other representatives of the permittee who are involved in drilling, completing, testing, producing, repair, workover, or servicing operations on an H2S well have received training from persons qualified in hydrogen sulfide safety. The training shall include all of the following matters:

(a) The physical properties and physiological effects of hydrogen sulfide.

(b) The effects of hydrogen sulfide on metals and elastomers.

(d) The location and proper use of safety equipment.

(e) The locations of primary and secondary briefing areas.

(f) The location and operation of the hydrogen sulfide detection and warning system.

(g) The corrective actions, shut-in procedures, H2S well ignition procedures, and procedures for notifying off-site public authorities listed in the contingency plan to be followed in an emergency.

(h) The contents of the permittee's contingency plan.

(2) Not less than 2 persons per crew shall be trained in emergency first aid procedures, including red cross-approved techniques of cardiopulmonary resuscitation.

(3) When a drilling contractor or other independent contractor is involved in drilling, completing, testing, producing, repair, workover, or servicing operations on an H2S well, a permittee of a well may rely on written certification obtained from the contractor that the agents and employees of the contractor involved in the operations have received the training required by this rule. A permittee shall retain the written certification. Failure to ensure that employees receive adequate training and are current in the training is sufficient cause for the suspension of any or all components of the oil and gas operations on the well.

A suspension shall continue as provided in R 324.1014(2).

**History**
- *History: 1996 AACS; 2002 AACS.*

##### **Mich. Admin. Code R 324.1108** Securing of nonproducing H2S wells {#sec-r-324.1108 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.1108}

Rule 1108. A permittee of a nonproducing H2S well shall ensure that the well is secured to prevent a person other than authorized personnel from opening the well.

**History**
- *History: 1996 AACS.*

##### **Mich. Admin. Code R 324.1109** Warning signs; specifications {#sec-r-324.1109 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.1109}

Rule 1109. A permittee of a well shall ensure that warning signs have letters that are not less than 1 1/2 inches in height and that are legible under normal conditions at a distance of 25 feet.

**History**
- *History: 1996 AACS.*

##### **Mich. Admin. Code R 324.1110** Contingency plans for drilling and production {#sec-r-324.1110 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.1110}

Rule 1110. (1) A contingency plan for drilling shall be prepared by the applicant to provide an organized plan of action for alerting and protecting personnel at an H2S well site and the public. The contingency plan for drilling shall consist of 2 parts.

(2) Part 1 of the plan shall contain the general procedures that shall be followed in the event of an emergency involving the possible release of hydrogen sulfide into the atmosphere and shall include both of the following sections:

(a) A section that lists, by title, personnel to be contacted and their duties and responsibilities. The list shall also include a delegation of duties and responsibilities and shall specify who is responsible for ordering ignition of the H2S well if necessary. The list shall be kept current by the applicant or permittee.

(b) A section that contains all of the following information:

(i) The emergency circumstances that cause the plan to be put into operation.

(ii) The initial procedures to be followed if the plan is activated.

(iii) The actions to be taken to ensure that all personnel known to be on the location are accounted for and that nonessential personnel shall be safely removed.

(iv) The actions to be taken to restrict access of nonessential personnel to the location.

(v) The procedure for notifying the general public, public authorities, as listed in the contingency plan, and safety agencies in the event of an emergency.

(vi) If evacuation of the public is necessary, the procedure for conducting the evacuation.

(vii) The procedures for igniting the H2S well.

(3) Part 2 of the plan shall be site-specific and shall contain all of the following information:

(a) An accurate map that shows the locations of all existing structures used for public or private occupancy, areas maintained for public recreation, roads, and railroads within a 1,300-foot radius of the drilling well in the case of a class I H2S well or within a 500-foot radius of the drilling well in the case of a class II H2S well.

(b) A list of names, telephone numbers, and addresses of all of the following:

(i) Seasonal and permanent residents.

(ii) Private businesses.

(iii) Schools.

(iv) Places of worship.

(v) Hospitals.

(vi) Governmental offices.

(vii) Parties responsible for the areas maintained for public camping or gathering identified on the map.

(i) Representatives of the permittee.

(ii) Representatives of the drilling contractor.

(iii) The emergency preparedness coordinator.

(iv) Local ambulance services.

(v) Local hospitals.

(vi) Local fire departments.

(vii) The department of environmental quality.

(viii) The pollution emergency alerting system.

(4) An applicant shall submit part 1 of the contingency plan for drilling an H2S well at the request of the supervisor or authorized representative of the supervisor. The applicant shall submit part 2 of the contingency plan for drilling an H2S well with the application for a drilling permit. The applicant shall submit a copy of part 2 of the contingency plan to the local emergency preparedness coordinator at the time the application is submitted to the supervisor. The supervisor or authorized representative of the supervisor may require that contingency plans for producing H2S wells be updated periodically.

(5) An applicant may request, from the supervisor or authorized representative of the supervisor, an exception to the requirement to prepare the map and accompanying list of residences required in subrule (3) of this rule.

(6) A permittee shall prepare a contingency plan for production for any well, surface facility, or flow line subject to this rule. A contingency plan shall contain all of the following information:

(a) Permittee name, well name, location, and permit number of the well or facility.

(b) An accurate map or site plan showing the location of all equipment carrying or containing fluids with hydrogen sulfide.

(c) Names and contact information for local representatives of the permittee who have knowledge of the equipment and authority to take corrective actions at the well or facility in an emergency situation.

(d) Available information on hydrogen sulfide concentrations at the site.

(7) Every 3 years or as required by the supervisor, a permittee shall review contingency plans and certify to the supervisor or authorized representative of the supervisor and the local emergency preparedness coordinator that the contingency plans are accurate. The permittee shall update the contingency plan under any of the following conditions and submit a copy of the updated contingency plan to the supervisor or authorized representative of the supervisor and the local emergency preparedness coordinator:

(a) A change of the notification process or local representatives of the permittee.

(b) A substantial change in the site conditions or equipment noted on the plan.

(8) A permittee shall provide a contingency plan for production to the supervisor or authorized representative of the supervisor and the local emergency preparedness coordinator for all wells, surface facilities, and flow lines subject to this rule 6 months after the effective date of these amendatory rules for all existing production facilities and before the commencement of production for all production facilities completed after the effective date of these amendatory rules.

**History**
- *History: 1996 AACS; 2001 AACS.*

##### **Mich. Admin. Code R 324.1111** Compliance with rules; time {#sec-r-324.1111 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.1111}

Rule 1111. A permittee of a well shall comply with R 324.1112 to R 324.1116 not later than the time at which drilling reaches a depth of 500 feet above the projected top of the geological stratum suspected by a permittee or the supervisor or authorized representative of the supervisor to contain hydrogen sulfide. Compliance shall continue until all formations or strata suspected to contain hydrogen sulfide are cased off, plugged, or drilled and proven not to be a potential problem.

**History**
- *History: 1996 AACS.*

##### **Mich. Admin. Code R 324.1112** Briefing areas {#sec-r-324.1112 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.1112}

Rule 1112. (1) A permittee of a well shall establish primary and secondary briefing areas at the drilling site. A permittee shall ensure that safety equipment is located at the primary briefing area.

(2) The supervisor or authorized representative of the supervisor may require safety equipment, in addition to that listed in R 324.1102(d), if necessary for the safety of the public or the workers.

**History**
- *History: 1996 AACS.*

##### **Mich. Admin. Code R 324.1113** Emergency preparedness coordinator; contact by permittee {#sec-r-324.1113 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.1113}

Rule 1113. A permittee of a well shall contact the appropriate emergency preparedness coordinator not less than 24 hours before the commencement of drilling the H2S well.

**History**
- *History: 1996 AACS; 2001 AACS.*

##### **Mich. Admin. Code R 324.1114** Wind direction indicators {#sec-r-324.1114 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.1114}

Rule 1114. A permittee of a well shall install wind direction indicators at the drilling site. the wind direction indicators shall be visible from all normal work stations within the drilling site.

**History**
- *History: 1996 AACS.*

##### **Mich. Admin. Code R 324.1115** Equipment; electric or mechanical fan; hydrogen sulfide detection and warning system; emergency escape self-contained breathing apparatus; rig floor ventilation {#sec-r-324.1115 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.1115}

Rule 1115. (1) A permittee of a well shall install a hydrogen sulfide detection and warning system that activates audible and visual alarms if hydrogen sulfide is detected. Visual alarms shall be activated if a hydrogen sulfide concentration of 10 ppm is detected. Audible alarms shall be activated if a hydrogen sulfide concentration of 20 ppm is detected.

(2) A permittee of a well shall locate hydrogen sulfide sensors as follows:

(a) For rotary rigs, at all of the following locations:

(i) The shale shaker or at the point of first release of gas from the returning stream of drilling fluid.

(ii) On the rig floor.

(iii) In the substructure.

(iv) At the mud hopper.

(b) For cable tool rigs, at the point of first release of gas from the well bore and on the rig floor.

(3) After the sensors are mounted, a permittee of a well shall calibrate the system according to the manufacturer's instructions. The permittee shall test the detection and warning system before drilling into the geological stratum suspected to contain hydrogen sulfide. The permittee shall record the calibrations and tests in the driller's log. The supervisor or authorized representative of the supervisor may witness the testing and calibration.

(4) A permittee of a well shall ensure that an emergency escape self- contained breathing apparatus is readily available to every member of the drilling crew at that member's work station and to other personnel required to be on the rig floor during the drilling operation.

(5) A permittee of a well shall ensure that the rig floor and substructure is adequately ventilated to prevent the accumulation of gas. Forced-air ventilation shall be used when natural ventilation is inadequate. An electric or mechanical fan shall be available on the drill site for ventilation.

(6) A permittee of a well shall ensure that the rig floor and substructure of a class IV H2S well is adequately ventilated to prevent the accumulation of gas and shall utilize either a hydrogen sulfide detector that has an audible alarm or an electric or mechanical fan that operates constantly during the operation if natural ventilation is inadequate to keep the wellhead area free from gas.

(7) A permittee of a well shall ensure that well safety equipment is the same equipment that is required under R 324.1102(d) for class I H2S and class II H2S wells and R 324.1102(d)(viii), (ix), and (xi) for class III H2S wells. Safety equipment shall be located at the primary briefing areas for class I H2S and class II H2S wells and at the well site for class III H2S and class IV H2S wells, if safety equipment is required for class IV H2S wells, unless otherwise stated in this rule. The supervisor or authorized representative of the supervisor may require the use of safety equipment, in addition to the equipment listed in R 324.1102(d), if necessary for the safety of the public or the workers.

**History**
- *History: 1996 AACS.*

##### **Mich. Admin. Code R 324.1116** Mud gas separator; burning of gas generated by mud gas separator; incinerator or flare installation; hydrogen sulfide concentration determination {#sec-r-324.1116 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.1116}

Rule 1116. (1) All of the following provisions apply to rotary drilling operations:

(a) If a gas kick occurs, all returning drilling fluid shall be circulated through a mud gas separator.

(c) When gas is being routed to the incinerator or flare from the mud gas separator, the hydrogen sulfide content of the gas shall be determined by a permittee or the permittee's representative. The determination shall be made using colorimetric or length of stain tubes or other equipment designed to measure hydrogen sulfide concentrations and shall utilize a procedure approved by the supervisor or authorized representative of the supervisor. The results of the determination shall be entered into the driller's log.

(2) Both of the following provisions apply to cable tool drilling:

(a) All gas separated from other fluids shall be routed to a properly engineered flare or incinerator that has an elevated discharge to the atmosphere and shall be burned.

(b) When gas is being routed to the incinerator or flare, the hydrogen sulfide content of the gas shall be determined by a permittee or the permittee's representative. The determination shall be made using colorimetric or length of stain tubes or other equipment designed to measure hydrogen sulfide concentrations and shall utilize a procedure approved by the supervisor or authorized representative of the supervisor. The results of the determination shall be entered into the driller's log.

**History**
- *History: 1996 AACS.*

##### **Mich. Admin. Code R 324.1117** Initial testing {#sec-r-324.1117 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.1117}

Rule 1117. (1) When initial testing of an H2S well is performed, in addition to applicable air pollution control commission general rules, a permittee of a well shall comply with all of the following requirements not later than the start of testing if permanent surface facilities have not been installed:

(a) One or more wind direction indicators shall be installed and shall be visible from all normal work stations within the test site of class I H2S and class II H2S wells.

(b) An incinerator or flare shall be installed for the purpose of burning all gas and stock tank vapor produced during the test. The incinerator or flare shall be equipped with a continuous pilot light or a pilot light outage detector that has an automatic reignition system. The incinerator or flare shall be located not less than 75 feet from the wellhead and test tanks and shall be positioned so that the prevailing winds carry the combustion products away from the site.

(d) All of the following equipment shall be located at the test site:

(i) Not less than 2 self-contained, pressure-demand breathing apparatus that have a 30minute air supply for class I H2S and class II H2S wells.

(ii) A first aid kit for class I H2S and class II H2S wells.

(iii) A portable electronic hydrogen sulfide detector for class I H2S and class II H2S wells.

(iv) An emergency escape self-contained breathing apparatus for each member of the test crew for class I H2S and class II H2S wells.

(v) The supervisor or authorized representative of the supervisor may require the use of safety equipment in addition to the equipment listed in R 324.1102(e) if necessary for the safety of the public or the workers.

(e) Warning signs that have the word "Danger" or "Caution" followed by the words "Poison Gas" shall be posted at the entrances to all access roads.

(f) The supervisor or authorized representative of the supervisor shall be notified of the expected start-up date of the initial test.

(2) During the test period, a permittee of a well shall determine the hydrogen sulfide content of the gas produced. Hydrogen sulfide content shall be determined on-site using colorimetric or length of stain tubes or other equipment designed to measure hydrogen sulfide concentrations utilizing a procedure approved by the supervisor or authorized representative of the supervisor.

(3) All gas measurements made during the initial flow test shall be made using a meter that allows all gas metered to be burned.

(4) Operations or procedures that require the use of a self-contained breathing apparatus shall be performed only if not less than 2 people who are authorized by the permittee of the well are on-site.

(5) The supervisor or authorized representative of the supervisor may grant exceptions to this rule when compliance with the provisions of this rule is not necessary to provide for the protection or safety of the public or workers or when the H2S well or associated surface facilities are not likely to constitute sources of nuisance odors.

**History**
- *History: 1996 AACS.*

##### **Mich. Admin. Code R 324.1118** Gas analyses {#sec-r-324.1118 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.1118}

Rule 1118. (1) The supervisor or authorized representative of the supervisor may require periodic gas analyses to determine hydrogen sulfide concentration.

(2) A permittee of a well shall make a second gas analysis 1 year after the date of the initial analysis required in R 324.1117(2). Further gas analyses shall be required only at the request of the supervisor or authorized representative of the supervisor.

(3) A permittee of a well shall notify the supervisor or authorized representative of the supervisor before the sampling and analysis required in subrules (1) and (2) of this rule.

(4) A permittee of a well shall report, in writing, the results of a gas analysis required by the supervisor or authorized representative of the supervisor to the supervisor within 1 month of the date of the analysis. The report shall state the methods of sampling and analysis used.

**History**
- *History: 1996 AACS.*

##### **Mich. Admin. Code R 324.1119** Wellheads; painting requirements; warning signs {#sec-r-324.1119 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.1119}

Rule 1119. (1) A permittee of a well shall ensure that the valve or valves necessary to shut off all fluid flow nearest the wellhead are painted yellow.

(2) A permittee of a well shall ensure that the power supply kill switch of an H2S well that is produced by artificial lift is painted yellow. A permittee of a well shall ensure that the power supply kill switch is conspicuously marked and readily accessible.

(3) A permittee of a well shall ensure that a warning sign that has the word "Danger" or "Caution" followed by the words "Poison Gas" is prominently displayed at the wellhead.

**History**
- *History: 1996 AACS.*

##### **Mich. Admin. Code R 324.1120** Flow lines; markers; protection {#sec-r-324.1120 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.1120}

Rule 1120. (1) A permittee of a well shall ensure that the routes of flow lines that are located before the point of sale and that are used for transporting fluids containing hydrogen sulfide are marked. Markers shall be mounted not less than 4 feet above ground level, shall consist of signs denoting the presence of a buried line carrying hydrogen sulfide, and shall contain the name of the flow line owner and the flow line owner's emergency telephone number. Markers shall be properly maintained and shall be spaced so that the route of the flow line can be easily traced. Routes shall be kept sufficiently cleared to allow adjacent markers to be visible with the naked eye.

(2) A permittee of a well shall ensure that flow lines constructed above ground level are protected from accidental damage by vehicular traffic or other similar causes.

**History**
- *History: 1996 AACS.*

##### **Mich. Admin. Code R 324.1121** Heated vessels; installation of certain equipment required; exhaust gas stack height {#sec-r-324.1121 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.1121}

Rule 1121. A permittee of a well shall ensure that heated vessels fueled with natural gas that contains hydrogen sulfide are equipped with a system to prevent the emission of the fuel gas to the atmosphere in the event of a pilot failure or flameout and shall be in compliance with the emissions and operations requirements provided in R 336.1403. The exhaust gas stack height shall be not less than 20 feet.

**History**
- *History: 1996 AACS.*

##### **Mich. Admin. Code R 324.1122** Vessels used for storing hydrogen sulfide-bearing liquid hydrocarbons or hydrogen sulfide-bearing brine; equipment requirements {#sec-r-324.1122 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.1122}

Rule 1122. (1) A permittee of a well shall ensure that a vessel which is located at an H2S well site or in a central production facility serving an H2S well and which is used for the storage of hydrogen sulfide-bearing liquid hydrocarbons or hydrogen sulfide-bearing brine is equipped with a sealing, pressure-vacuum-type hatch, except that a pressure-vacuumtype hatch is not required on a storage vessel if the venting of vapor to the atmosphere is permitted under subrule (4) of this rule. A hatch shall be kept closed when a tank is not being gauged.

(2) If a storage vessel described in subrule (1) of this rule releases a total 24-hour volume of 5 mcf or more of vapors, then a permittee of a well shall ensure that the vessel is equipped with a vent line for conveying released gasses and vapors to an incinerator, flare, or vapor recovery system. A flashback prevention system shall be installed on the line between a vessel and the incinerator or flare. If a vapor recovery system is used to control tank vapor emissions, then a flare or incinerator shall be available for standby or emergency use. Installing a vapor recovery system does not exempt a flare or incinerator from being in compliance with the requirements of R 324.1123.

(3) If a storage vessel described in subrule (1) of this rule releases a total daily volume of 5 mcf or more of vapors, then a permittee of a well shall install a fence around the vessel equipped with a gate. A fence shall be located not less than 20 feet from the base of a storage vessel. A permittee shall ensure that warning signs with the word "Danger" or "Caution" followed by the words "Poison Gas" are installed on all sides of the fence. If the supervisor or authorized representative of the supervisor finds that a threat to the public safety exists due to emissions of sulfur-bearing gas or vapor, then fencing other than that specified in R 324.102(p) may be required.

(4) If a storage vessel described in subrule (1) of this rule releases a total daily volume of 5 mcf or less of vapor, then it may be vented to the atmosphere if the vent is located not less than 10 feet above the tank top and if the opening of the vent is within the diked area or not less than 20 feet above the ground if the opening of the vent is outside the diked area. The supervisor may prohibit venting of vapor to the atmosphere if a verified chronic nuisance odor results from the sulfur-bearing compounds being vented.

(5) If the hydrogen sulfide concentration at the tank thief hatch is more than 500 ppm by volume, then a permittee of a well shall ensure that a tank has a latched gate at the foot of the catwalk stairs. A permittee of a well shall ensure that a sign reading "Self-contained Breathing Apparatus is Recommended Beyond This Point if Hatches are to be Opened" is posted on the gate.

(6) The supervisor may require the use of a tank gauging system that does not require the opening of the tank hatches if a verified chronic nuisance odor results from tank gauging.

(7) A person or a permittee of a well shall not install a tank which is used for the storage of hydrogen sulfide-bearing liquid hydrocarbons or brine from an H2S well if the separator or treater immediately upstream of the tank has an operating pressure of more than 250 psig unless an independent registered engineer certifies that the facility is designed and constructed such that any release of liquids or gas to the tank shall not cause a release of hydrogen sulfide to the atmosphere.

**History**
- *History: 1996 AACS; 2001 AACS; 2002 AACS.*

##### **Mich. Admin. Code R 324.1123** Incinerators and flares; equipment and design requirements; additional requirements {#sec-r-324.1123 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.1123}

Rule 1123. (1) A permittee of a well shall ensure that an incinerator or flare installed under R 324.1117, R 324.1122, or R 324.1124 is designed and equipped to prevent the release of unburned gas to the atmosphere. If the daily volume of gas handled by the incinerator or flare contains 28 pounds or more of hydrogen sulfide, then a permittee shall ensure that the incinerator or flare is equipped with a mechanism that operates upon failure of the pilot light to shut off the flow of fluid from the wellhead.

(2) A permittee of a well shall ensure that an incinerator or flare required by R 324.1122 is fenced. A fence shall be located not less than 20 feet from the base of the incinerator or flare. A permittee of a well shall ensure that warning signs that have the word "Danger" or "Caution" followed by the words "Poison Gas" are posted on all sides of the fence. If the supervisor or authorized representative of the supervisor finds that a threat to the public safety still exists due to emissions of the incinerator or flare, then fencing other than that specified in R 324.102(p) may be required.

(3) If the supervisor or authorized representative of the supervisor finds that a threat to the public health or safety exists due to the emission of sulfur-bearing gasses or vapors, then a flare stack or incinerator stack that is more than 20 feet high, as specified in R 324.1101(f) and (h), may be required.

**History**
- *History: 1996 AACS; 2002 AACS.*

##### **Mich. Admin. Code R 324.1124** Emergency relief valves {#sec-r-324.1124 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.1124}

Rule 1124. A permittee of a well shall ensure that an emergency relief valve on process equipment is equipped with a line for conveying the released gasses or vapors to an incinerator or flare. The supervisor or authorized representative of the supervisor may grant an exception if the total daily volume of gas produced is less than 5 mcf.

**History**
- *History: 1996 AACS.*

##### **Mich. Admin. Code R 324.1125** Shut-in systems {#sec-r-324.1125 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.1125}

Rule 1125. (1)A permittee of a well shall ensure that an H2S well which produces unattended and which has a stabilized producing tubing pressure of not less than 100 psig is equipped with a high-pressure and low-pressure shut-in system.

(2) A permittee of a well shall ensure that a class I H2S well drilled after the effective date of these amendatory rules for which the 100 ppm radius of exposure includes an existing structure used for public or private occupancy, existing area maintained for public recreation, or the edge of the traveled portion of an existing interstate, united states, or state highway, shall be equipped with the following:

(a) Hydrogen sulfide sensors located on four sides of the wellhead at a distance of not more than 20 feet. The sensors shall be set to activate safety shutdown equipment as specified in subdivisions (b) and (c) of this subrule when a hydrogen sulfide concentration of 30 ppm is detected. A permittee of a well shall calibrate the sensor system according to the manufacturer's instructions.

(b) For flowing class I H2S wells:

(i) Dual manual master valves.

(ii) A fail-closed wing safety valve automatically actuated by a low pressure pilot sensor downstream of the valve and by the hydrogen sulfide sensors at the wellhead.

(iii) Remote telemetry that alerts the well operator when the hydrogen sulfide sensors detect a hydrogen sulfide concentration of 30 ppm.

(iv) An emergency access valve into the tubing spool.

(i) An emergency access valve into the tubing spool.

(ii) A fail-closed blowout preventer automatically actuated in the event the polish rod breaks.

(iii) A fail-closed polish rod ram blowout preventer automatically actuated by the hydrogen sulfide sensors at the wellhead.

(iv) Equipment that automatically shuts off the pump drive unit in the event of a stuffing box failure.

(v) A safety shut down of the pump drive unit, which cannot be isolated from the tubing pressure without unlocking a valve, automatically actuated by the high pressure low pressure sensor and the hydrogen sulfide sensors at the wellhead.

**History**
- *History: 1996 AACS; 2001 AACS.*

##### **Mich. Admin. Code R 324.1126** Vehicle loading racks; vapor return lines required; vapor vent lines permitted {#sec-r-324.1126 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.1126}

Rule 1126. (1) Truck vapor return lines are required on the loading racks of the surface facilities and shall be utilized when oil or condensate is loaded into the truck, except as provided in this rule.

(2) Truck vapor vent lines are permitted if the point of emission is not less than 75 feet from the loading rack and not less than 600 feet from an existing water well and an existing structure used for public or private occupancy. The allowance for truck vapor vent lines may be rescinded in specific cases if the supervisor or authorized representative of the supervisor determines that nuisance odors are caused by the use of the vent lines.

**History**
- *History: 1996 AACS.*

##### **Mich. Admin. Code R 324.1127** Compliance with rules before production of new H2S well {#sec-r-324.1127 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.1127}

Rule 1127. (1) A permittee of a well shall comply with this rule and R 324.1119 to R 324.1126 before production of a new H2S well.

(2) The supervisor may grant exceptions to R 324.1119 to R 324.1123, R 324.1125, R 324.1126, and this rule when the rules are not necessary to provide for the protection or safety of the public or workers or when the H2S well or associated surface facilities are not likely to constitute sources of nuisance odors.

**History**
- *History: 1996 AACS.*

##### **Mich. Admin. Code R 324.1128** Servicing; requirements {#sec-r-324.1128 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.1128}

Rule 1128. Before commencing an operation that requires removing the seal between the tubing and production casing, a permittee of a well shall meet all of the following requirements:

(a) Blowout prevention equipment sized to accommodate the tubing and rework drill pipe shall be installed and tested for class I H2S, class II H2S, and class III H2S wells.

(b) Primary and secondary briefing areas shall be established for class I H2S and class II H2S wells.

(c) The same safety equipment that is required under R 324.1102(d) is required for class I H2S and class II H2S wells and under R 324.1102(d)(viii), (ix), and (xi) is required for class III H2S wells. Safety equipment shall be located at the primary briefing areas for class I H2S and class II H2S wells and at the well site for class III H2S and class IV H2S wells if required for class IV H2S wells. The supervisor or authorized representative of the supervisor may require the use of safety equipment, in addition to the equipment listed in R 324.1102(d), if the equipment is necessary for the safety of the public or the workers.

(d) An electric or mechanical fan shall be located at the well site for class I H2S, class II H2S, and class III H2S wells. The fan shall be operated constantly during the operation to keep the wellhead area free from gas if natural ventilation is inadequate.

(e) A hydrogen sulfide detection and warning system shall be installed and have the detector located downwind from the well or in the direction in which the fan is blowing.

The detection and warning system shall activate visual alarms if a hydrogen sulfide concentration of 10 ppm is detected. Audible alarms shall be activated if a hydrogen sulfide concentration of 20 ppm is detected; however, the use of a hydrogen sulfide detection and warning system is optional for a class IV H2S well.

(f) Signs that have the word "Danger" or "Caution" followed by the words "Poison Gas" shall be installed at the entrances of all access roads.

(g) The supervisor or authorized representative of the supervisor shall be notified before the start of servicing operations for class I H2S, class II H2S, and class III H2S wells.

(h) A revised and updated contingency plan shall be at the well site and shall be reviewed with all workers for class I H2S and class II H2S wells.

**History**
- *History: 1996 AACS.*

##### **Mich. Admin. Code R 324.1129** Burning, processing, or disposing of hydrogen sulfide gas {#sec-r-324.1129 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.1129}

Rule 1129. (1) A permittee shall not release gas produced from an H2S well to the environment, except as follows:

(a) By burning as fuel in a heated vessel in compliance with R 324.1121.

(b) By burning in a flare or incinerator that complies with R 324.1010.

(d) By venting from tanks under R 324.1122(4) or R 324.1124.

(e) By disposal by other means as may be approved by the supervisor under a specific request by the permittee, if the permittee demonstrates to the supervisor that the manner of disposal prevents waste and does not cause unnecessary endangerment of public health, safety, and welfare.

(2) If a well or its associated surface facilities produce hydrogen sulfide and the supervisor or authorized representative of the supervisor receives 1 or more complaints of odor regarding the facility, then the supervisor may require the permittee of a well to perform numerical modeling to determine the concentration of hydrogen sulfide in the ambient air.

Numerical modeling shall utilize the distance from the potential point of an uncontrolled release of gas at the well or its associated surface facilities to the closest existing structure used for public or private occupancy, existing area maintained for public recreation, or the edge of the traveled portion of an existing interstate, United States, or state highway. A permittee shall have the opportunity to provide, in addition to the numerical modeling, actual measurements of the concentration of hydrogen sulfide in the ambient air taken at the closest existing structure used for public or private occupancy, existing area maintained for public recreation, or the edge of the traveled portion of an existing interstate, United States, or state highway. The supervisor or authorized representative of the supervisor may determine a nuisance odor exists based on all applicable information. The supervisor or authorized representative of the supervisor may require appropriate emission control measures consistent with the provisions of this rule and R 324.1101 to R 324.1128. If emission control measures are required, then the permittee shall submit, within 30 days of being determined to be necessary by the supervisor, for the approval of the supervisor or authorized representative of the supervisor, a timetable for the installation of any equipment required.

**History**
- *History: 1996 AACS; 2001 AACS.*

##### **Mich. Admin. Code R 324.1130** Requirements for certain gathering lines, flow lines, and facility piping {#sec-r-324.1130 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.1130}

Rule 1130. (1) A gathering line, installed after the effective date of these amendatory rules carrying gas with more than 300 ppm hydrogen sulfide shall be subject to the provisions for design, construction, testing, maintenance, and operation as specified in administrative rules promulgated under Act No. 165 of the Public Acts of 1969, as amended, being §483.151 et seq. of the Michigan Compiled Laws.

(2) A flow line or facility piping, carrying gas from a class I H2S well and which is subject to a maximum working pressure in excess of 125 psig shall be subject to the provisions for design, construction, testing, maintenance, and operation as specified in administrative rules promulgated under Act No. 165 of the Public Acts of 1969, as amended, being §483.151 et seq. of the Michigan Compiled Laws.

(3) A person or a permittee shall not install a flow line or gathering line, carrying gas from a class I H2S or class II H2S well, or modify an existing flow line or gathering line to serve additional class I H2S or class II H2S wells, unless all of the following provisions are met:

(a) The person or permittee shall calculate the 100 ppm radius of exposure, using either the equation set forth in R 324.1102(c) or another dispersion model accepted by the supervisor. The calculation shall be based upon the reasonably expected concentration of hydrogen sulfide to be transported in the flow line or gathering line, the maximum actual operating pressure, and the volume of gas that could be released from the flow line or gathering line, accounting for any automatic shut-in systems and blocking valves that will be utilized.

(b) If an existing structure used for public or private occupancy, an existing area maintained for public recreation or the edge of the traveled portion of an existing interstate, united states, or state highway falls within the 100 ppm radius of exposure, the person or permittee shall prepare a construction and operation plan that incorporates reasonable measures to reduce the potential for public exposure to hydrogen sulfide from a release that might occur. The construction and operation plan shall consider appropriate construction standards, routing alternatives, monitoring equipment, automatic controls for source shutin, or other available engineering methods. The person or permittee shall submit the construction and operation plan to, and receive the approval of the supervisor or authorized representative of the supervisor. The supervisor or authorized representative of the supervisor shall have 30 days to approve the plan or to require modifications or additional information.

(4) Gathering lines, flow lines, or facility piping are not subject to this rule if they are subject to the issuance of a certificate of public convenience and necessity by the Michigan public service commission under the provisions of Act 9 of the Public Acts of 1929, as amended, being §483.101 et seq. of the Michigan Compiled Laws or are subject to regulation by the Michigan public service commission under the provisions of Act No. 165 of the Public Acts of 1969, as amended, being §483.151 et seq. of the Michigan Compiled Laws.

PART 12. HEARINGS

**History**
- *History: 2001 AACS.*

##### **Mich. Admin. Code R 324.1201** Hearing; purpose; scheduling; request or petition generally {#sec-r-324.1201 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.1201}

Rule 1201. Hearings may be held to receive evidence pertaining to the need or desirability of an action or an order by the supervisor. A hearing may be scheduled at the initiative of the supervisor or by the supervisor upon the receipt of a petition, which is properly filed as specified in R 324.1202, from an owner, producer, lessee, lessor, or other person interested in the matter proposed for hearing.

**History**
- *History: 1996 AACS.*

##### **Mich. Admin. Code R 324.1202** Petition for hearing; contents {#sec-r-324.1202 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.1202}

Rule 1202. (1) A proper written petition for a hearing, except for the material filed pursuant to subdivisions (e) and (f) of this subrule, shall be filed on 8 1/2 by 11-inch paper and shall contain at least all of the following information:

(a) The name and address of petitioner.

(b) A specific statement of the matters asserted or relief sought indicating the rule, order, or section of the act applicable to the petition.

(d) The names and last known addresses of the last record owners, lessees, lessors, or other parties of record in the register of deeds office who own interests in the lands that are the subject of the petition.

(e) A map of the area to be affected and of the contiguous property. Lease ownership and well locations within 1,320 feet of the area to be affected shall be identified.

(f) Other maps, plats, and exhibits that may be useful in considering the matter to be heard.

(g) The name and address of the newspaper circulated in the county or counties where the affected lands are located.

(h) A copy of a permit application and attachments pertinent to the matters asserted in the petition.

(i) The name, address, and telephone number of the representative or representatives of the petitioner to whom inquiries can be made.

(2) All of the following additional information shall be filed with the petition when a spacing or proration order is to be considered:

(a) The size, shape, and orientation of the proposed drilling unit.

(b) The well spacing pattern to be proposed.

(c) The surface geographic area to be included in the spacing order, and the geologic formation or formations to be spaced or prorated.

(d) Well production, testing history, and other applicable reservoir and geological data.

(e) Proposed daily well allowables, if applicable.

(3) A petition to establish secondary recovery operations pursuant to R 324.612 shall also include all of the following information:

(a) Applicable seismic lines, profiles, and interpretation showing seismic outlines or boundaries of reservoir structure and the geologic structure and area to be impacted by the operations.

(b) Appropriate geologic information, such as structural cross sections and productive areas, thickness isopach, and other essential maps.

(i) Pressure versus time.

(ii) Pressure versus oil production.

(iii) Reservoir rock and fluid properties.

(iv) Primary production.

(v) An estimated forecast of oil recoveries.

(vi) Estimated economics of secondary recovery project.

(d) A plan that shows the locations of existing production wells, proposed production wells, and proposed injection wells and a facilities plan that includes schematics that show the locations of existing and proposed flow lines and wells and associated surface facilities.

(e) If groundwater is to be injected, a hydrogeologic investigation report of the source aquifer.

(4) The supervisor may return a petition that is not in conformance with these rules and may include a list of the deficiencies of the petition.

(5) All of the following additional information shall be filed with the petition when statutory pooling is to be considered:

(a) The ownership of oil and gas interests within the drilling unit and a specific description of the nature and extent of the interests sought to be pooled.

(b) Sworn statements that indicate, in detail, what action the petitioner has taken to obtain a voluntary unit.

(c) Whether or not the petitioner desires to drill or operate the unit, or both, and, if not, the name of the party nominated as operator and the recommendation of the petitioner as to the arrangements that are just and equitable to all owners within the drilling unit.

(d) The estimated costs of drilling, completing, and equipping the well, on a form provided by the supervisor, and additional compensation proposed for the risk associated with the drilling and equipping of the well.

**History**
- *History: 1996 AACS; 2015 AACS.*

##### **Mich. Admin. Code R 324.1203** Hearings subject to the administrative procedures act of 1969 {#sec-r-324.1203 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.1203}

Rule 1203. A hearing scheduled by the supervisor shall be conducted pursuant to Act No. 306 of the Public Acts of 1969, as amended, being §24.201 et seq. of the Michigan Compiled Laws, unless a different procedure is authorized by the act or these rules. All hearings shall be conducted in a fair and impartial manner.

**History**
- *History: 1996 AACS.*

##### **Mich. Admin. Code R 324.1204** Notice of hearing; service; answer {#sec-r-324.1204 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.1204}

Rule 1204. (1) The supervisor shall prepare and furnish the notice of hearing to the petitioner, together with instructions for publication and service of the notice. Upon receipt the petitioner shall serve copies of the notice of hearing on the last known addresses of the last record owners, lessees, lessors, or other parties of record in the register of deeds office or assessor's records, if appropriate, who own interests in the lands that are the subject matter of the proposed action, unless otherwise provided in these rules.

(2) If directed by the supervisor, the petitioner shall also serve copies of the notice of hearing at the last known addresses of the last record owners, lessees, lessors, or other parties of record in the register of deeds office who own interests in all or part of the quarter-quarter sections of land directly and diagonally adjacent to the lands or areas that are the subject matter of the proposed action.

(3) The notice of hearing shall be published by the petitioner in an oil and gas industry publication circulated in this state and in a newspaper of general circulation in the county or counties involved with the matter to be heard. Publication shall occur not less than 21 days before the date of the hearing. Affidavits of proof of publication shall be filed with the supervisor before the date of the hearing.

(4) The notices of hearing shall be mailed not less than 21 days before the date of the hearing. Affidavits of proof of mailing by first-class mail or personal service shall be filed with the supervisor before the date of the hearing. An affidavit of proof of mailing shall state that the notice was deposited in the United States mail not less than 21 days before the hearing date, first-class postage prepaid, addressed to each person so served at his or her record address as set forth in the petition pursuant to R 324.1202. Each person so served and his or her address of record shall be specifically identified in the affidavit. The supervisor may require service by certified mail, return receipt requested.

(5) If a hearing is initiated by the supervisor, or if the scope of a hearing requested by a petitioner is enlarged at the initiative of the supervisor, then the supervisor shall publish the notice of hearing and may give additional notification of the hearing by United States mail or personal service.

(6) An interested person shall not be permitted to participate as a party in a hearing conducted pursuant to a petition unless the person files an answer in a timely manner with the supervisor and serves the answer to the petition upon the petitioner. The answer shall be in writing and shall set forth the interested person's positions with regard to the representations made or relief sought in the petition. An interested person is responsible for requesting a copy of the petition from the petitioner at the address set forth in the notice of hearing. The petitioner shall mail or otherwise deliver a copy of the petition and attachments to the interested person within 3 days after receipt of a written request. Failure of the petitioner to mail or otherwise deliver a copy of the petition to an interested person in a timely manner relieves the interested person of the obligation to file an answer and the interested person shall not be precluded from presenting evidence or cross-examining witnesses. An interested person may mail or otherwise deliver his or her answer to the supervisor and the petitioner. To be considered timely an answer must be received by the supervisor and the petitioner not fewer than 5 days before the date set for the hearing.

Failure to file and serve an answer in a timely manner precludes an interested person from presenting evidence at the hearing or cross-examining witnesses. However, an interested person who does not file an answer in a timely manner may make a nonevidentiary statement at the hearing.

(7) The notice of hearing shall contain the following statement:

You can obtain a copy of the written petition by requesting one in writing from the petitioner at____________________________________________________. Take note that if you wish to participate as a party in the hearing by presenting evidence or crossexamining witnesses, you shall deliver to the petitioner and supervisor, not less than 5 days before the hearing date, an answer to the petition in the manner set forth in R 324.1204(6).

Proof of mailing or delivering the answer shall be filed with the supervisor on or before the date of hearing. The answer shall state with specificity the interested person's position with regard to the petition. Failure to prepare and serve an answer in a timely manner shall preclude you from presenting evidence or cross-examining witnesses at the hearing. If an answer to the petition is not filed, the supervisor may elect to consider the petition and enter an order without oral hearing.

(8) Upon a showing that service of notice cannot reasonably be made as provided by this rule, the supervisor may authorize service of the notice of hearing to be made in another manner reasonably calculated to give the interested parties actual notice of the proceeding and an opportunity to be heard. A request for this authorization shall be made by verified motion. The motion shall set forth sufficient facts to establish that service pursuant to subrules (1) to (7) of this rule cannot reasonably be made and shall suggest an alternative method of service.

Editor's Note: An obvious error in R 324.1204(7) was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Michigan Register, 2015 MR 5. The memorandum requesting the correction was published in Michigan Register, 2015 MR 6.

**History**
- *History: 1996 AACS; 2015 AACS.*

##### **Mich. Admin. Code R 324.1205** Types of hearings {#sec-r-324.1205 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.1205}

Rule 1205. (1) Upon receipt of a petition, the supervisor, after finding the petition to be complete, reasonable, and appropriate, shall determine whether the petition shall be heard.

The supervisor shall give each hearing 1 of the following designations:

(a) A supervisor’s evidentiary hearing to consider the adoption of an order having fieldwide or statewide application or ramifications.

(b) A supervisor's evidentiary hearing to consider matters of local concern in the administration of these rules or the orders of the supervisor or to consider other matters as may be referred to the supervisor.

(c) A supervisor’s uncontested evidentiary hearing to consider matters of local concern in the administration of these rules or the orders of the supervisor or to consider a petition to which an answer was not filed as provided in R 324.1204(6).

(2) If a timely answer is not filed to a petition or if oral hearing is waived by all interested persons present at a hearing, then the supervisor may direct that a petition be processed under subrule (1)(c) of this rule. In these cases, proceedings pursuant to subrule (1)(c) of this rule may be used if it appears that all issues of material fact may be resolved by means of written materials and that the proceeding can be efficiently handled without oral hearing.

Where there is no oral hearing, all substantive evidence shall be presented by verified statement. The supervisor may require supplemental verified statements.

(3) Prehearing conferences may be held at the discretion of the supervisor. A party may request a prehearing conference in his or her petition or in a responsive pleading. A hearing may be converted to a prehearing conference to ensure an orderly and expeditious hearing.

(5) The supervisor may, at any time during a proceeding, designate a hearings officer to conduct an evidentiary hearing as provided for under either subrule (1)(a) or subrule (1)(b) of this rule.

(6) The parties to a matter within the jurisdiction of the supervisor may agree to dispose of all or a part of a matter at issue by stipulation and consent order. The supervisor may enter the stipulation as a consent order, place the stipulation on public notice as is appropriate, or reject the stipulation.

**History**
- *History: 1996 AACS.*

##### **Mich. Admin. Code R 324.1206** Final decision or order {#sec-r-324.1206 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.1206}

Rule 1206. (1) The supervisor shall issue a final decision or order as a result of a hearing held under R 324.1205 or as a result of the procedure pursuant to R 324.1205(1)(c) after giving due consideration to all of the following:

(a) The record.

(b) The supervisor's experience, technical competence, and specialized knowledge.

(c) The proposal for decision, if one is issued, and exceptions to the proposal for decision, replies to exceptions, and, if permitted by the supervisor, oral arguments and briefs.

(d) The advice or recommendations of the representative of the supervisor when required or appropriate.

(e) The stipulations or agreements that the contesting parties have placed on the record at a hearing or submitted in writing to the supervisor or the hearings officer.

(f) The act and rules.

(2) The final written decision or order of the supervisor shall be furnished to the petitioner.

The petitioner shall serve copies, by first-class mail, to all persons who were mailed a notice of the hearing, who filed an appearance at the hearing, or who otherwise requested a copy of the final written decision.

(3) When a hearing is scheduled at the initiative of the supervisor, the supervisor shall serve copies of the final written decision or order, by first-class mail, to all persons who filed an answer, who filed an appearance at the hearing, or who otherwise requested a copy.

(4) After the hearing on a petition for an order to pool and after thorough consideration of the evidence and testimony submitted, the supervisor shall either rule that pooling is not necessary to prevent waste or shall enter an order pooling the separately owned tracts and interests within the drilling unit. The pooling order shall authorize 1 of the owners within the affected unit to drill and operate the well within the affected unit and provide that the well shall be commenced within 90 days if drilling of the well has not already commenced, unless otherwise specified in the pooling order. The pooling order is null and void as to all parties and interests with respect to any well that has not commenced within 90 days after the date of the order. The order shall set forth the terms and conditions under which each of the owners may share in the working interest ownership of the well drilled or to be drilled on the pooled unit and for the sharing of any production from the well. The order shall provide for conditions under which each mineral or working interest owner who has not voluntarily agreed to pool all of the owner's mineral or working interest in the pooled unit may share in the working interest share of production or be compensated for the owner's working interest within the pooled unit according to either of the following provisions:

(a) Pay to the party authorized to drill, or who has drilled, the well that owner's proportionate share of the actual cost of drilling, completing, equipping, and operating the well in the pooled unit that the owner elects to participate in, or give bond for the payment of the share of the costs that have been, or are subsequently, actually incurred, whether the well is drilled as a producer or a dry hole.

(b) As to each well that the owner does not elect to participate in as provided in subdivision (a) of this subrule, if the well has been, or is subsequently, completed as a producer, authorize the operator of the well to take out of the nonparticipatory interest's share of production from the well the party's share of the cost of drilling, completing, equipping, and operating the well, plus an additional percentage of the costs that the supervisor considers appropriate compensation for the risks associated with drilling a dry hole and the mechanical and engineering risks associated with the completion and equipping of each well.

(5) Each nonparticipating owner who has not elected to participate in the drilling of any well by agreeing to pay the owner's working interest share of the costs shall make an election, within 10 days of receipt by the owner of the supervisor's certified mail copy of the order, as to which alternative in subrule (4)(a) or (b) of this rule the owner will select.

If the nonparticipating party does not notify the supervisor in writing within 10 days of the owner's election as to any well proposed for the pooled unit, then the owner shall be considered to have elected the alternative in subrule (4)(b) of this rule. For the type of statutory pooling order specified in this rule, the owner of an unleased mineral interest shall be treated as a working interest owner to the extent of 100% of the interest owned in the pooled unit. Each nonparticipating owner shall be considered to be subject to a 1/8 royalty interest, which shall be free of any withholding for payment of any costs of drilling, completing, equipping, or operating the well to be drilled. All operations, including, the commencement, drilling, completing, equipping, or operation of a well, upon a portion of a drilling unit for which pooling has been ordered shall be considered for all purposes to be the conducting of operations upon each separately owned tract in the drilling unit. The portion of the production allocated to a separately owned tract or separately owned interest included in a drilling unit shall, when produced, be considered for all purposes to have been actually produced from the separately owned tract or tracts by a well drilled in the drilling unit.

**History**
- *History: 1996 AACS; 2015 AACS.*

##### **Mich. Admin. Code R 324.1207** Subpoenas; discovery {#sec-r-324.1207 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.1207}

Rule 1207. (1) At any time in a proceeding, the supervisor may order a party or witness to attend and testify orally at the hearing. Subpoenas for attendance at a hearing shall be issued by the supervisor upon application by a party. A subpoena may also command the person to whom it is directed to produce the books, papers, documents, or tangible things designated in the subpoena, which shall be specified in detail.

(2) A subpoena shall state the purpose or the title of the proceeding and shall command each person to whom it is directed to attend and comply with the subpoena at a time and place specified in the subpoena. The supervisor, upon a motion made at or before the time specified in the subpoena for compliance with the subpoena, may do either or both of the following:

(a) Quash or modify a subpoena or subpoena duces tecum if it is unreasonable or oppressive or if it requires the production of evidence that is not relevant or material to a matter in issue.

(3) The supervisor may issue an order to take a deposition, interrogatory, or other discovery either upon a motion by the supervisor or for good cause shown by a party to a proceeding. If a deposition, interrogatory, or other discovery is permitted, it shall be taken according to the rules for conducting discovery in circuit court civil cases under the Michigan rules of court.

**History**
- *History: 1996 AACS.*

##### **Mich. Admin. Code R 324.1208** Continuance of hearing {#sec-r-324.1208 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.1208}

Rule 1208. A hearing, as provided in these rules, may be continued at the discretion of the supervisor or the presiding officer until all required testimony is submitted and all pertinent data and information are received. Further notice of the continuance of the hearing is not required, other than the announcement at the hearing of the date, time, and place of the continued hearing or service of written notice on those persons who filed an appearance at the first hearing.

**History**
- *History: 1996 AACS.*

##### **Mich. Admin. Code R 324.1209** Failure to give notice of hearing {#sec-r-324.1209 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.1209}

Rule 1209. Failure to give notice of the time of a hearing to a person entitled to the notice shall not constitute a bar to conducting of the hearing if the petitioner can demonstrate substantial compliance with the notice requirements.

**History**
- *History: 1996 AACS.*

##### **Mich. Admin. Code R 324.1210** Administrative complaint; notice of hearing {#sec-r-324.1210 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.1210}

Rule 1210. (1) The staff of the supervisor may file an administrative complaint with the supervisor. An administrative complaint shall set forth the nature of the violations complained of and shall specifically cite the provisions of the act, these rules, permit conditions, instructions, or orders of the supervisor allegedly violated. The supervisor shall select a date for the hearing and prepare a notice of hearing. Upon request, the person alleged to be in violation shall provide, to the supervisor, a list of the last known names and addresses of all persons of record with the register of deeds who own oil and gas interests within the unit. The notice of hearing and administrative complaint shall be served by certified mail, return receipt requested, on the person alleged to be in violation, the operator, the surety, and other interested persons as the supervisor shall consider necessary or appropriate. The notice shall be served not less than 21 days before the hearing date.

The hearing shall be a hearing before the supervisor.

(2) A hearing held pursuant to an administrative complaint shall be a hearing before the supervisor pursuant to R 324.1205.

**History**
- *History: 1996 AACS.*

##### **Mich. Admin. Code R 324.1211** Emergency orders and hearings {#sec-r-324.1211 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.1211}

Rule 1211. (1) When an emergency order is issued by the supervisor, the person subject to the order shall be served with the order, either personally or by certified, return receipt mail.

(2) An emergency hearing may be scheduled by the supervisor to consider matters of urgency or as a result of the issuance of an emergency order. Notice of hearing shall be served by certified mail, return receipt requested, not less than 10 days before the hearing date, on other interested persons as the supervisor shall consider necessary and appropriate.

**History**
- *History: 1996 AACS.*

##### **Mich. Admin. Code R 324.1212** Appeals to the director of the department of environmental quality {#sec-r-324.1212 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.1212}

Rule 1212. (1) An owner or producer may file an appeal to the director of the department of environmental quality pursuant to section 61503 of the act. The appeal shall be in writing and filed with the director of the department of environmental quality. The appeal shall set forth the basis for the filing of an appeal.

(2) An appeal from an order of the supervisor that is issued after a hearing shall be an appeal on the record. The appealing party shall order and file a transcript of the proceeding before the supervisor. The supervisor shall prepare and file the record of the proceeding.

(3) Upon receipt of an appeal from an order of the supervisor, the director of the department of environmental quality shall set a schedule for the filing of briefs on appeal.

Oral argument, if requested, shall be scheduled after the filing of briefs. A prehearing conference may be scheduled for the purpose of establishing a schedule for the appeal.

(4) The producer or owner appealing an order, action, or inaction of the supervisor shall file a petition of appeal to the director of the department of environmental quality. The petition and notice requirements are the same requirements for petitions for a hearing before the supervisor pursuant to R 324.1201 through R 324.1204.

(5) An appeal to the director of the department of environmental quality shall be filed within 28 days of the order, action, inaction, or procedure as provided in section 61503(2) of the act.

PART 13. ENFORCEMENT

**History**
- *History: 1996 AACS.*

##### **Mich. Admin. Code R 324.1301** Authority of supervisor {#sec-r-324.1301 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.1301}

Rule 1301. The supervisor, under section 61506 of the act, may do any of the following:

(b) Order the suspension of any or all components of the oil and gas operations when a violation exists. The suspension time shall continue until a correction is made and a violation no longer exists under section 61516 of the act. The supervisor may also prohibit the purchaser from taking oil, gas, or brine from the lease during the required suspension time.

PART 14. HIGH VOLUME HYDRAULIC FRACTURING

**History**
- *History: 1996 AACS; 2002 AACS.*

##### **Mich. Admin. Code R 324.1401** Definitions {#sec-r-324.1401 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.1401}

Rule 1401. As used in these rules:

(a) “Adverse resource impact,” “assessment tool,” “cold-transitional river system,” “cool river system,” “site-specific review,” “warm river system,” “withdrawal,” “zone A withdrawal,” “zone B withdrawal,” “zone C withdrawal,” and “zone D withdrawal,” have the same meanings as in section 32701 of the act.

(b) “Available water source” means a reasonably identifiable fresh water well used for human consumption for which the water well owner has given written consent for sampling and testing and to having the sample data made a part of the department’s public records.

(c) “Chemical Abstracts Service (CAS) Number” means the unique identification number assigned to a chemical by the division of the American Chemical Society that is the globally recognized authority for information on chemical substances.

(d) “Chemical additive” means a product composed of 1 or more chemical constituents that is intentionally added to a primary carrier fluid to enhance the characteristics of hydraulic fracturing fluid.

(e) “Chemical constituent” means a discrete chemical with its own specific name or identity, such as a CAS number, that is contained in a chemical additive.

(f) “Chemical family” means a group of elements or compounds that have similar physical and chemical characteristics and have a common general name.

(g) “Flowback fluid” means hydraulic fracturing fluid and brine recovered from a well after completion of a hydraulic fracturing operation and before the conclusion of test production under R 324.606.

(h) “High volume hydraulic fracturing" means a hydraulic fracturing well completion operation that is intended to use a total volume of more than 100,000 gallons of primary carrier fluid. If the primary carrier fluid consists of a base fluid with 2 or more components, the volume shall be calculated by adding the volumes of the components. If 1 or more of the components is a gas at prevailing temperatures and pressures, the volume of that component or components shall be calculated in the liquid phase.

(i) “Hydraulic fracturing” means a well completion operation that involves pumping fluid and proppants into the target formation under pressure to create or propagate artificial fractures, or enhance natural fractures, for the purpose of improving the deliverability and production of hydrocarbons. Hydraulic fracturing does not include other stimulation completion techniques such as treatments that do not use proppants.

(j) “Hydraulic fracturing fluid” means fluid at a well site that is prepared for injection into a well to achieve a hydraulic fracturing operation, including primary carrier fluid and additives.

(k) "Large volume water withdrawal" means a water withdrawal intended to produce a cumulative total of over 100,000 gallons of water per day when averaged over a consecutive 30-day period.

(l) “Primary carrier fluid” means the base fluid, such as water, into which chemical additives are mixed to form the hydraulic fracturing fluid.

(m) “Proppant” means sand or any natural or man-made material that is used in a hydraulic fracturing completion to prop open the artificially created or enhanced fractures once the treatment is completed.

(n) “Trade secret” has the same meaning as defined in the uniform trade secrets act, 1998 PA 448, MCL 445.1901 to 445.1910.

**History**
- *History: 2015 AACS.*

##### **Mich. Admin. Code R 324.1402** Permitting of high volume hydraulic fracturing for oil and gas wells {#sec-r-324.1402 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.1402}

Rule 1402. (1) In addition to the requirements in R 324.201, a person applying for a permit to drill and operate shall provide a statement as to whether high volume hydraulic fracturing is expected to be utilized in completion of the proposed well.

(2) A permittee of a well shall not begin a large volume water withdrawal for a high volume hydraulic fracturing operation without approval of the supervisor or authorized representative of the supervisor. A permit applicant or permittee shall make a written request for approval to conduct a large volume water withdrawal and shall file the request with the supervisor at least 30 days before the permit applicant or permittee intends to begin the withdrawal. The permittee may file the request with the application for a permit to drill and operate a well or may provide the request separately to the supervisor or authorized representative of the supervisor. The request shall include all of the following information:

(a) A water withdrawal evaluation utilizing the assessment tool accessed at http://www.miwwat.org/ or by a means approved by the supervisor under the conditions described in subrule (6) of this rule.

(b) Information on the proposed withdrawal including all of the following:

(i) Proposed total volume of water needed for hydraulic fracturing well completion operations.

(ii) Proposed number of water withdrawal wells.

(iii) Aquifer type (drift or bedrock).

(iv) Proposed depth of water withdrawal wells, in feet below ground surface.

(v) Proposed pumping rate and pumping schedule of each water withdrawal well.

(vi) Available well logs of all recorded fresh water wells and reasonably identifiable fresh water wells within 1,320 feet of water withdrawal location.

(i) Proposed location of water withdrawal wells (latitude/longitude).

(ii) Location of all recorded fresh water wells and reasonably identifiable fresh water wells within 1,320 feet of water withdrawal location or locations.

(iii) Proposed fresh water pit impoundment, containment, location, and dimensions.

(d) A contingency plan, if deemed necessary, to prevent or mitigate potential loss of water availability in the fresh water wells identified under subdivision (b)(vi) of this subrule.

(3) An application for change of well status for which a large volume water withdrawal is expected to be utilized for high volume hydraulic fracturing shall include the information required under subrule (1) of this rule.

(4) If the assessment tool designates the proposed withdrawal as a zone A withdrawal, or a zone B withdrawal in a cool river system or a warm river system, the supervisor shall approve the withdrawal.

(5) If the assessment tool designates the proposed withdrawal as a zone B withdrawal in a cold-transitional river system, or a zone C or zone D withdrawal, the permit applicant or permittee may submit to the supervisor a request for a site-specific review. All of the following apply:

(i) If the site-specific review determines that the proposed withdrawal is a zone A or a zone B withdrawal, the supervisor shall approve the withdrawal.

(ii) If the site-specific review determines that the proposed withdrawal is a zone C withdrawal, the supervisor shall not approve the withdrawal unless the permittee does either of the following:

(A) Self certifies that he or she is implementing applicable environmentally sound and economically feasible water conservation measures under MCL 324.32708a.

(B) Obtains a water withdrawal permit under MCL 324.32723.

(iii) If the site-specific review determines that the proposed withdrawal is a zone D withdrawal or likely to cause an adverse resource impact, the supervisor shall not approve the withdrawal unless the permittee has obtained a water withdrawal permit under MCL 324.32723.

(6) If the assessment tool is discontinued or replaced as a requirement for designated water withdrawal evaluations under the act, a permittee shall perform a water withdrawal evaluation utilizing an alternative method and criteria approved by the supervisor to satisfy the requirements of subrules (2)(a), (4), and (5) of this rule.

**History**
- *History: 2015 AACS.*

##### **Mich. Admin. Code R 324.1403** Water supply monitoring and storage {#sec-r-324.1403 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.1403}

Rule 1403. (1) If 1 or more fresh water wells are present within 1,320 feet of a proposed large volume water withdrawal, the permittee shall install a monitor well between the water withdrawal well or wells and the nearest fresh water well before beginning the water withdrawal. If more than 1 aquifer is delineated at the site, the monitor well shall be completed in the same aquifer as the water withdrawal well. The permittee shall measure and record the water level in the monitor well daily during water withdrawal and weekly thereafter until the water level stabilizes. The permittee shall report all water level data weekly to the supervisor or authorized representative of the supervisor.

(2) Fresh water storage pits and impoundments shall be constructed as approved by the supervisor and shall be in compliance with all of the following minimum requirements:

(a) Berms shall be designed and constructed to prevent washouts or failures.

(b) Pits shall be constructed with rounded corners and side slopes of not less than 20 degrees measured from the vertical.

(3) Fresh water storage pits, impoundments, or tanks shall not remain on-site more than 6 months after final completion of the well or wells for which the storage was designed unless approved by the supervisor or authorized representative of the supervisor.

**History**
- *History: 2015 AACS.*

##### **Mich. Admin. Code R 324.1404** Ground water baseline sampling for high volume hydraulic fracturing {#sec-r-324.1404 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.1404}

Rule 1404. (1) A permit applicant or permittee of an oil and gas well for which high volume hydraulic fracturing is proposed shall collect baseline samples from all available water sources, up to a maximum of 10, within a 1/4- mile radius of the well location. All of the following apply:

(a) If more than 10 available water sources are present within a 1/4- mile radius of the proposed well location, the permit applicant or permittee shall select 10 sampling locations based on the following criteria:

(i) Available water sources closest to the proposed well location are preferred.

(ii) To the extent groundwater flow direction is known or reasonably can be inferred, sample locations from both down gradient and up-gradient are preferred over crossgradient locations. Where groundwater flow direction is uncertain, sample locations should be chosen in a radial pattern from a well.

(iii) Where multiple defined aquifers are present, sampling the deepest and shallowest identified aquifers is preferred.

(b) Initial sampling shall be conducted not fewer than 7 days nor more than 6 months before initiation of drilling operations for a new well or in the case of a re-completion of a well, high volume hydraulic fracturing using new or existing perforations. However, initial sampling shall satisfy sampling requirements for subsequent oil and gas wells on the same or contiguous drilling sites for a period of up to 3 years.

(c) Sampling and analysis shall be conducted at the expense of the permit applicant or permittee and shall conform to all of the following procedures:

(i) Water samples shall be collected by a qualified professional utilizing proper sampling protocol and analyzed by a laboratory certified by the department.

(ii) Samples shall be analyzed for the following minimum parameters using laboratory methods approved by the United States Environmental Protection Agency:

(A) Benzene.

(B) Toluene.

(D) Xylene.

(E) Total dissolved solids.

(F) Chloride.

(G) Methane.

(iii) The location of the sampled water sources shall be surveyed with a global positioning system device or equivalent with 3 meter or higher accuracy. The latitude and longitude coordinates shall be provided to the supervisor.

(iv) If free gas or a dissolved methane concentration greater than 1.0 milligram per liter is detected in a water sample, gas compositional analysis and stable isotope analysis of the methane (carbon and hydrogen – 12C, 13C, 1H and 2H) shall be performed to identify gas origin.

(v) The permit applicant or permittee shall notify the supervisor immediately if benzene, toluene, ethylbenzene, or xylenes are detected in a water sample.

(2) The permittee shall provide copies of all final laboratory analytical results to the supervisor and the water well owner or landowner within 45 days of collecting the samples.

**History**
- *History: 2015 AACS.*

##### **Mich. Admin. Code R 324.1405** High volume hydraulic fracturing well completion operations; notification, monitoring, reporting, and fluid containment requirements {#sec-r-324.1405 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.1405}

Rule 1405. (1) A permittee shall notify the supervisor or authorized representative of the supervisor a minimum of 48 hours prior to the commencement of a high volume hydraulic fracturing completion. If the well is an H2S well as defined in R 324.1101, a permittee shall also notify the local emergency preparedness coordinator a minimum of 48 hours before the commencement of a high volume hydraulic fracturing completion.

(2) During high volume hydraulic fracturing operations, the permittee shall monitor and record the injection pressure at the surface and the annulus pressure between the injection string and the next string of casing unless the annulus is cemented to surface. If intermediate casing has been set on the well to be stimulated, the pressure in the annulus between the intermediate casing and the production casing shall also be monitored and recorded. The permittee shall do both of the following:

(a) Submit a continuous record of the annulus pressure during the well stimulation within 60 days of completing hydraulic fracturing operations.

(b) If during the hydraulic fracturing operation the injection pressures or annulus pressures, or both, indicate a lack of well integrity, immediately cease hydraulic fracturing operations and notify the supervisor or authorized representative of the supervisor. The permittee of the well shall submit to the supervisor or authorized representative of the supervisor the plan of action the permittee intends to take before continuing hydraulic fracturing operations on the well. The permittee of the well shall not continue hydraulic fracturing in the well until the supervisor or authorized representative of the supervisor approves implementation of the plan of action. The supervisor or authorized representative of the supervisor may require suitable mechanical integrity tests of the casing or the casing tubing annulus or cement bond logs, or both. The permittee shall submit a report containing all details pertaining to the incident, including corrective actions taken, within 60 days of completing hydraulic fracturing operations.

(3) Flowback fluid shall be contained in tanks or in receptacles approved by the supervisor or authorized representative of the supervisor. Flowback fluid shall not be used for ice or dust control or road stabilization purposes. A permittee shall ensure that handling and disposal of flowback fluid does not cause waste as defined in section 61501(q) of the act.

(4) A permittee shall submit a copy of the following service company records within 60 days after completing high volume hydraulic fracturing operations:

(a) The actual total well stimulation treatment volume pumped.

(b) Detail as to each fluid stage pumped, including actual volume by fluid stage, proppant rate or concentration, actual chemical additive name, type, concentration or rate, and amounts.

(d) The actual surface pressure and rate at the end of each fluid stage and the actual flush volume, rate and final pump pressure.

(e) The instantaneous shut-in pressure and the actual 15- minute and 30-minute shut-in pressures when these pressure measurements are available.

(5) A permittee shall report the following for a high volume hydraulic fracturing operation within 60 days of completing hydraulic fracturing operations:

(a) The total volume of water utilized.

(b) The volume and source of the water withdrawn and the dates during which the water was withdrawn.

**History**
- *History: 2015 AACS.*

##### **Mich. Admin. Code R 324.1406** Disclosure of hydraulic fracturing fluid chemical additives {#sec-r-324.1406 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.1406}

Rule 1406. (1) A permittee shall submit information on chemical additives used in a high volume hydraulic fracturing operation using the internet-based FracFocus Chemical Disclosure Registry that is maintained by the Ground Water Protection Council and the Interstate Oil and Gas Compact Commission and is accessed at http://fracfocus.org. If the FracFocus Chemical Disclosure Registry is no longer maintained or available, the permittee shall submit the information on a form prescribed by the supervisor or by any other means approved by the supervisor. A permittee shall submit the information within 30 days after completion of a high volume hydraulic fracturing operation. A contractor or supplier performing a high volume hydraulic fracturing operation for a permittee or providing supplies for a high volume hydraulic fracturing operation shall timely provide to the permittee the information required for the permittee to comply with this rule. The information shall include the following:

(a) A list of all chemical additives used during the treatment specified by general type, such as acids, biocides, breakers, corrosion inhibitors, cross-linkers, demulsifiers, friction reducers, gels, iron controls, oxygen scavengers, pH adjusting agents, scale inhibitors, and surfactants.

(b) The specific trade name and supplier of each chemical additive.

(c) A list showing the specific identity of each chemical constituent intentionally added to the primary carrier fluid and its associated CAS number, except that the specific identities and CAS numbers of trade secret chemicals may be withheld under subrule (2) of this rule.

(d) The maximum concentration of each chemical constituent listed expressed as a percent by mass of the total volume of hydraulic fracturing fluids utilized.

(2) If the specific identity of a chemical constituent and its associated CAS number or concentration are a trade secret, the permittee may withhold the specific identity of the chemical constituent and its associated CAS number and concentration, but shall list the chemical family associated with the chemical constituent, or provide a similar description, and provide a statement that a claim of trade secret protection has been made by the entity entitled to make such a claim. If an independent contractor or supplier providing a chemical constituent to a permittee withholds any information required under this rule under a claim of trade secret, the contractor or supplier shall provide the information required for the permittee to timely comply with this subrule.

(3) Nothing in this rule shall authorize any person to withhold information that is required by state or federal law to be provided to a health care professional for the purpose of diagnosis or treatment of a medical condition.

**History**
- *History: 2015 AACS.*

## **Water Resources Division** Water Resources Division

### **R 324.2001 to R 324.2009** Water Resources Protection -- Part 5. Spillage of Oil and Pollution Materials

##### **Mich. Admin. Code R 324.2001** Definitions; a to o {#sec-r-324.2001 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.2001}

DEPARTMENT OF ENVIRONMENTAL QUALITY

WASTE MANAGEMENT DIVISION

WATER RESOURCES PROTECTION

(By authority conferred on the director and the department of environmental quality by sections 3102 and 3106 of 1994 PA 451, MCL 324.3102 and 324.3106, and Executive Reorganization Order No. 1991-22, MCL 299.13)

PART 5. SPILLAGE OF OIL AND POLLUTING MATERIALS

Rule 1. As used in this part:

(a) "Act" means 1994 PA 451, MCL 324.101 et seq., and known as the natural resources and environmental protection act.

(b) "Department" means the department of environmental quality.

(c) "Indoors" means within a building or other enclosure which provides protection from the elements, which has doors or other means of entry that can be closed or otherwise protected from unauthorized entry, and which has a floor capable of containing liquid or solid materials.

(d) "Manufactured item" means any solid article, other than a container holding solid or liquid polluting materials, which is formed to specific shape during manufacture, and which does not leach or otherwise release polluting materials to the groundwaters or surface waters of the state under normal conditions of use or storage.

(e) "Oil" means oil of any kind or in any form, including any of the following:

(i) Petroleum.

(ii) Gasoline.

(iii) Fuel oil.

(iv) Grease.

(v) Oily sludges.

(vi) Oil refuse.

(vii) Oil mixed with waste.

(f) "Oil storage facility" means a temporary or permanent land-based industry, plant, establishment, firm, or other facility which receives, processes, manufactures, uses, stores, or ships oil, and at which there is present an amount of oil equal to or more than the threshold management quantity and which is so situated that oil could directly or indirectly reach the surface or groundwaters of this state, including any facility that discharges through a public sewer system. "Oil-storage facility" does not include an oil field petroleum or brine storage facility, a recreational marina, installations of oil-containing electrical equipment, or any transportation-related facility, as defined in 40 C.F.R. part 112.

(g) "On-land facility" means a temporary or permanent land-based industry, plant, establishment, firm, storage site, or other facility, which receives, processes, manufactures, uses, stores or ships polluting materials and at which there is present an amount of any polluting material equal to or more than its threshold management quantity and which is so situated that loss of polluting materials could directly or indirectly reach the surface or groundwaters of this state, including any facility which discharges through a public sewer system. "On-land facility" does not include an oil storage facility, an oil field petroleum or brine storage facility, a recreational marina, installations of oil containing electrical equipment, or a transportation-related facility as defined in 40 C.F.R. part 112.

**History**
- *History: 2001 AACS.*

##### **Mich. Admin. Code R 324.2002** Definitions; p to u {#sec-r-324.2002 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.2002}

Rule 2. As used in this part:

(a) "Polluting material" means all of the following:

(i) Oil.

(ii) Salt.

(iii) Any material specified in table 1 in R 324.2009.

(iv) Any compound or product that contains 1%, or more, by weight, of any material listed in paragraphs (i) through (iii) of this subdivision based on material safety data sheet formulation information for the compounds or products.

(v) "Polluting material" does not include manufactured items.

(b) "Release" is defined in section 20101(1)(bb) of the act. For the purposes of this rule, "release" does not include any of the following:

(i) Spilling, leaking, or discharging less than 1000 gallons of a polluting material into a secondary containment structure that complies with these rules, if recovery of the material spilled, leaked, or discharged is initiated within 24 hours of detection, is completed as soon as practicable, but not more than 72 hours after detection, and if no polluting materials are released directly or indirectly to any public sewer system or to the surface waters or groundwaters of this state.

(ii) Spilling, leaking, or discharging less than 55 gallons of oil to the ground surface, if the spill, leak, or discharge is detected and the oil recovered within 24 hours of the spill, leak, or discharge, and if oil is not released directly or indirectly to any public sewer system or to the surface waters or groundwaters of this state.

(iii) Spilling, leaking, or discharging less than 55 gallons of oil to the surface waters of this state, if effective recovery measures are implemented in response to the spill, leak, or discharge immediately upon detection.

(iv) Releases of air contaminants as defined in section 5501(a) of the act.

(v) Permitted releases as defined in section 20101(1)(aa) of the act.

(c) "Salt" means sodium chloride, potassium chloride, calcium chloride, and magnesium chloride, and solutions or mixtures of these compounds in solid or liquid form.

(d) "Secondary containment structure" means a unit, other than the primary container in which polluting material is packaged or held, that is designed, constructed, and operated so that the polluting material cannot escape from the unit through public sewers, drains, or otherwise directly or indirectly into any public sewer system or to the surface waters or groundwaters of this state.

(e) "Sewer system" is defined in R 299.2903(8).

(f) "Threshold management quantity" means any of the following:

(i) For salt in solid form used, stored, or otherwise managed at any location at or within an on-land or oil storage facility, 5 tons.

(ii) For salt in liquid form used, stored, or otherwise managed at any location at or within an on-land or oil storage facility, 1000 gallons.

(iii) For oil, 1320 gallons in aboveground tanks or containers if no single tank or container has a capacity of more than of 660 gallons.

(iv) For all other polluting materials at any discrete outdoor use or storage location at an on-land or oil storage facility, 200 kilograms (440 pounds).

(v) For all other polluting materials at any discrete indoor use or storage location at an onland or oil storage facility, 1000 kilograms (2200 pounds).

(g) "Threshold reporting quantity" means any of the following:

(i) For releases of oil to the surface of the ground, 50 pounds.

(ii) For releases of oil to the waters of the state, any quantity that causes unnatural turbidity, color, visible sheens, oil films, foams, solids, or deposits in the receiving waterbody.

(iii) For release of salt to the surface of the ground, or waters of the state, 50 pounds in solid form, unless the use is authorized by the department for deicing purposes, or 50 gallons in liquid form, unless authorized by the department as a dust suppressant or deicing agent or permitted under part 31 of the act.

(iv) For releases of all other polluting materials, the quantity specified in table 1 in R 324.2009, or any quantity that causes unnatural turbidity, color, visible sheens, oil films, foams, solids, or deposits in the receiving waterbody.

(h) "Use area" means any area within an oil storage facility or on-land facility that is used for handling, treating, or processing polluting materials.

**History**
- *History: 2001 AACS.*

##### **Mich. Admin. Code R 324.2003** Conditional exemptions {#sec-r-324.2003 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.2003}

Rule 3. (1) Except as otherwise provided in these rules, the following facilities are exempt from these rules subject to the following conditions:

(a) Any facility that manages polluting materials in excess of threshold quantities is exempt from these rules if the polluting materials are managed in containers that do not individually exceed 10 gallons or 100 pounds in capacity and that are located indoors at a facility that is designed, constructed, maintained, and operated to prevent any spilled polluting material from being released directly or indirectly to the surface or groundwaters of the state.

(b) An on-land or oil storage facility which does not manage any other polluting materials in excess of an applicable threshold management quantity and which is otherwise subject to the federal oil pollution prevention requirements of 40 C.F.R. part 110 or 112, (1997), shall comply with these rules by fully complying with the federal requirements and shall also report all releases of oil as required in R 324.2007. The owner or operator of such a facility shall submit a copy of the facility's spill prevention, control, and countermeasure plan in accordance with R 324.2006(2). An oil storage facility that manages both oil and other polluting materials in excess of an applicable threshold management quantity shall comply with these rules for the other polluting materials. Failure to fully comply with the federal oil pollution prevention requirements is a violation of these rules and the federal requirements and is subject to the provisions of part 31 of the act.

(c) An on-land or oil storage facility subject to 1941 PA 207, MCL 29.1, et seq., and known as the fire prevention code, shall comply with these rules by fully complying with the provisions of 1941 PA 207, for any flammable liquids, or combustible liquids, or both, subject to 1941 PA 207. An on-land facility that manages flammable liquids, or combustible liquids, or both, and other polluting materials in excess of an applicable threshold management quantity shall comply with these rules for the other polluting materials.

(d) An on-land or oil storage facility that owns or manages underground storage tanks subject to part 211 or 213 of the act shall comply with these rules by fully complying with the requirements of part 211 or 213 of the act for the underground storage tanks. An onland or oil storage facility that has underground storage tanks subject to part 211 or 213 of the act that also manages other polluting materials in excess of an applicable threshold management quantity that are not subject to part 211 or 213 of the act shall comply with these rules for the other polluting materials.

(e) An on-land or oil storage facility that manages hazardous wastes subject to part 111 of the act shall comply with these rules by fully complying with the requirements of part 111 of the act for those hazardous wastes. An on-land or oil storage facility that manages hazardous wastes subject to part 111 of the act that also manages other polluting materials in excess of an applicable threshold management quantity that are not subject to part 111 of the act shall comply with these rules for the other polluting materials.

(f) An on-land or oil storage facility that is subject to part 615 of the act shall comply with these rules by fully complying with the requirements of part 615 of the act. An on-land or oil storage facility subject to part 615 of the act that also manages other polluting materials in excess of an applicable threshold management quantity that are not subject to part 615 of the act shall comply with these rules for the other polluting materials.

(2) Notwithstanding any other provision of these rules, if the department determines, on the basis of the physical state, chemical properties, location, manner of management, or proximity to vulnerable natural resources, that a facility that receives, uses, processes, manufactures, stores, or ships polluting materials in amounts less than an applicable threshold management quantity, can, if there is a release, be reasonably expected to cause substantial harm to the surface or groundwaters of the state, then the facility may be required to comply with these rules by a permit or an order issued under part 31 of the act and the rules promulgated under part 31 of the act.

**History**
- *History: 2001 AACS.*

##### **Mich. Admin. Code R 324.2004** Oil storage and on-land facilities: surveillance {#sec-r-324.2004 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.2004}

Rule 4. Oil storage and on-land facilities shall maintain adequate surveillance of all manufacturing processes, treatment systems, storage areas, and other such areas so that any polluting material loss therefrom can be detected in a timely manner and procedures implemented to prevent any polluting materials from reaching the waters of this state.

**History**
- *History: 2001 AACS.*

##### **Mich. Admin. Code R 324.2005** Secondary containment {#sec-r-324.2005 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.2005}

Rule 5. (1) Except as may be authorized under subrule (5) of this rule, not later than 24 months after the effective date of these rules, any on-land facility that has any outdoor storage areas used to store liquid polluting materials in excess of a threshold management quantity shall provide secondary containment structures for those outdoor storage areas as required in subrule (2) of this rule.

(2) Secondary containment structures for liquids shall comply with all of the following provisions:

(a) Be constructed of materials that are compatible with, and impervious to, or otherwise capable of containing, any spilled, leaked, or discharged polluting materials so that the materials can be recovered and so that polluting materials cannot escape directly or indirectly to any public sewer system or to the surface waters or groundwaters of this state.

(b) Provide a capacity that is not less than 10% of the total volume of the tanks or containers within the secondary containment structure or provide a capacity of 100% of the largest single tank or container within the secondary containment structure, whichever is larger.

(c) Allow surveillance of the tanks or containers, the timely detection of any leaks and recovery of any spillage, and the removal and proper disposal of any captured precipitation so that the minimum required capacity is maintained at all times. Captured precipitation may be removed by drainage through normally closed valves if all of the following conditions are met:

(i) The drainage is conducted under the direct supervision of qualified facility personnel.

(ii) The valves are secured closed at all times, except during precipitation removal.

(iii) The drainage is performed in full compliance with all applicable local, state, and federal requirements.

(3) All use areas and indoor storage areas shall be designed, constructed, maintained, and operated to prevent the release of polluting materials through sewers, drains, or otherwise directly or indirectly into any public sewer system or to the surface or groundwaters of this state.

(4) Polluting materials in solid form shall be enclosed, covered, contained, or otherwise protected to prevent run-on and any runoff, seepage, or leakage to any public sewer system or to the surface or groundwaters of the state. Solid polluting materials shall not be stored within 50 feet of a designated wetland or the shore or bank of any lake or stream. Solid polluting material containment structures located within a 100-year floodplain as defined by the federal flood disaster protection act of 1973, 42 U.S.C. 4001 et seq., shall be designed and constructed to remain effective during a 100-year flood.

(5) Alternate secondary containment, control, or treatment systems other than those required in subrule (1) of this rule that provide adequate protection may be used upon written approval of the department. Requests for alternate secondary containment, control, or treatment systems shall be submitted in writing to the chief of the department's waste management division. The chief of the department's waste management division, or his or her authorized delegee, shall either approve, approve with specifc modifications, or disapprove a request for an alternate secondary containment, control, or treatment system not more than 180 days after receipt.

**History**
- *History: 2001 AACS.*

##### **Mich. Admin. Code R 324.2006** Pollution incident prevention plan {#sec-r-324.2006 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.2006}

Rule 6. (1) Except as provided in subrule (3) of this rule, not more than 24 months after the effective date of these rules, the owner or operator of any on-land facility that receives, uses, processes, manufactures, stores, or ships polluting materials in excess of the applicable threshold management quantity shall develop, maintain, and operate in accordance with, a pollution incident prevention plan. At a minimum, the pollution incident prevention plan shall include all of the following information:

(a) All of the following general facility information:

(i) Facility name.

(ii) Mailing address.

(iii) Street address, if other than the mailing address.

(iv) Facility phone number.

(v) 24-hour emergency phone number or numbers.

(vi) Internal emergency notification procedures.

(vii) The name of the designated spill prevention and control coordinator.

(viii) The name of the person or persons responsible for on-site spill prevention and control, if different than the designated spill prevention and control coordinator.

(ix) The name of the facility owner.

(x) A map showing the facility relative to the surrounding area, including thoroughfares.

(b) Procedures for emergency notification of all of the following entities:

(i) The department's pollution emergency alerting system (PEAS).

(ii) National response center.

(iii) Local emergency planning committee.

(iv) Local fire department.

(v) Local law enforcement agency.

(vi) Municipal wastewater treatment plant if the facility is served by a municipal wastewater treatment plant.

(vii) Appropriate spill cleanup contractor, or consulting firm, or both.

(i) Inventory and location of spill control and cleanup equipment available on-and offsite.

(ii) Procedures for response and cleanup.

(iii) Procedures for characterization and disposal of recovered materials.

(d) A polluting material inventory, including all of the following information:

(i) Identification of all polluting materials typically on-site in quantities exceeding the threshold management quantity during the preceding 12 months. The materials shall be identified by product name, chemical name, and chemical abstracts service number.

(ii) The location of material safety data sheets for all polluting materials on-site in quantities exceeding the threshold management quantity.

(e) A site plan depicting relevant site structures and all storage and use areas where polluting materials are managed on-site in quantities exceeding the threshold management quantity, including any of the following:

(i) Aboveground and underground tanks.

(ii) Floor drains.

(iii) Loading and unloading areas.

(iv) Sumps.

(v) On-site water supplies.

(f) Outdoor secondary containment structures, including all of the following information:

(i) Location or locations.

(ii) Design and construction data, including dimensions, materials, capacity, and the amount of the polluting materials stored in each area.

(iii) Provisions for the capture and removal of spilled polluting materials.

(iv) Provisions for secondary containment structure physical security, including signage, gates, fences, and barriers.

(v) Precipitation management procedures, including characterization and disposal procedures and copies of any permits authorizing discharge.

(vi) Inspection and maintenance procedures.

(g) Other controls.

(h) Provisions for general facility physical security.

(2) The facility owner or operator shall maintain the plan at the facility available for inspection upon request of the department. Within 30 days after its completion, the facility owner or operator shall notify the department and certify that the facility is in full compliance with these rules and notify the local emergency planning committee and the local health department serving the facility that the pollution incident prevention plan has been completed and is available upon request. Within 30 days after receiving a request for a copy of the plan from the department, the local emergency planning committee or the local health department, the facility owner or operator shall submit a copy of the pollution incident prevention plan to the requesting agency.

(3) A facility that is subject to other local, state, or federal emergency or contingency planning requirements may integrate the pollution incident prevention plan with other plans if the required elements of the pollution incident prevention plan are contained in the integrated plan. Upon preparation of an integrated plan, the facility owner or operator shall submit the updated plan and shall renotify the department and recertify compliance with these rules in accordance with subrule (2) of this rule.

(4) The facility owner or operator shall evaluate the pollution incident prevention plan or integrated plan every 3 years or after any release that requires implementation of the plan, whichever is more frequent. The facility owner or operator shall update the plan when facility personnel, processes, or procedures identified in the plan change or as otherwise necessary to maintain compliance with this rule. Upon preparation of an updated plan, the facility owner or operator shall renotify the department and recertify compliance with these rules in accordance with subrule (2) of this rule.

(5) If the department determines that a pollution incident prevention plan prepared under subrule (1) of this rule or the applicable portions of an integrated plan prepared under subrule (3) of this rule is incomplete or inadequate, then the department may inform the owner or operator of an oil storage or on-land facility, in writing, of the department's findings and recommendations and request modification of the plan. The owner or operator of the oil storage or on-land facility shall modify the plan and resubmit it in accordance with subrule (2) of this rule within 30 days after receipt of the department's request, unless a longer response period is authorized by the department in writing.

**History**
- *History: 2001 AACS.*

##### **Mich. Admin. Code R 324.2007** Pollution incident report {#sec-r-324.2007 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.2007}

Rule 7. (1) As soon as practicable after detection of a release, the owner, operator, or manager of an oil storage facility or an on-land facility that releases or permits to be released any polluting material in excess of a threshold reporting quantity during any 24hour period shall notify the department by contacting the department's PEAS at 1-800-292- 4706.

(2) Within 10 days after the release, the owner or operator shall file a written report with the chief of the department's waste management division outlining the cause of the release, discovery of the release, and the response measures taken or a schedule for completion of measures to be taken, or both, to prevent recurrence of similar releases.

(3) This rule does not supersede, rescind, or otherwise alter any other existing procedure, rule, or statute pertaining to pollution of the waters of this state, nor does it relieve any person from any reporting requirement imposed under federal law or regulation.

**History**
- *History: 2001 AACS.*

##### **Mich. Admin. Code R 324.2008** Enforcement {#sec-r-324.2008 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.2008}

Rule 8. A person who violates any provision of this part is subject to the procedures and penalties prescribed in sections 3112, 3114, 3115, and 3115a of part 31 of the act.

**History**
- *History: 2001 AACS.*

##### **Mich. Admin. Code R 324.2009** Table 1; polluting materials {#sec-r-324.2009 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.2009}

Rule 9. Table 1 reads as follows:

NameCASTRQ (lbs) 1,1,1,2 Tetrachloroethane63020610 1,1,1-Trichloroethane71556100 1,1,2,2-Tetrachloroethane7934510 1,1,2-Trichloroethane7900510 1,1-Dichloroethane75343100 1,1-Dichloroethylene7535410 1,1-Dichloropropane78999100 1,2-Dimethylhydrazine5407381 1,1-Dimethylhydrazine5714710 1,2,3,4-tetrachlorobenzene63466210 1,2,3,5-tetrachlorobenzene63490210 1,2,3-trichlorobenzene8761610 1,2,4,5-Tetrachlorobenzene95943500 1,2,4-Trichlorobenzene12082110 1,2:3,4-diepoxybutane29818010 1,2-Butylene oxide10688710 1,2-Dibromo-3-chloropropane961281 1,2-Dibromoethane1069341 1,2-Dichloroethane10706210 1,2-Dichloroethylene156605100 1,2-Dichloropropane78875100 1,2-Diphenylhydrazine12266710 1,3,5-Trinitrobenzene9935410 1,3-Butadiene10699010 1,3-Dichlorobenzene54173110 1,3-Dichloropropane142289500 1,3-Dichloropropylene54275610 1,3-Pentadiene50460910 1,4-Dichloro-2-butene7644101 1,4-Dichlorobenzene10646710 1,4-Dioxane12391110 1,4-Naphthoquinone130154500 1,5-naphthalenediamine224362110 1-Acetyl-2-thiourea591082100 1-amino-2-methylanthraquinone8228010 1-chloropropene590-21-610 1H-Azepine-1 carbothioic acid, hexahydro-S-ethyl ester22126711 2,2,4-Trimethylpentane540841100 2,2-Dichloropropionic acid75990500 2,2-Dimethyl-1,3-benzodioxol-4-ol methylcarbamate227812331 2,3,4,5-tetrachlorophenol490151310 2,3,4,6-Tetrachlorophenol5890210 2,3,4-Trichlorophenol1595066010 2,3,5,6-tetrachlorophenol93595510 2,3,5-Trichlorophenol93378810 2,3,6-Trichlorophenol93375510 2,3,7,8-Tetrachlorodibenzo-p-dioxin (TCDD)17460161 2,3-Dichloropropene7888610 2,4,5-T acid93765100 2,4,5-T amines1319728500 2,4,5-T amines6369966500 2,4,5-T amines2008460500 2,4,5-T amines6369977500 2,4,5-T amines3813147500 2,4,5-T esters25168154100 2,4,5-T esters61792072100 2,4,5-T esters2545597100 2,4,5-T esters93798100 2,4,5-T esters1928478100 2,4,5-T salts13560991100 2,4,5-TP esters3253495510 2,4,5-Trichlorophenol9595410 2,4,5-trichlorotoluene663930110 2,4,5-trimethylaniline13717710 2,4,6-Trichlorophenol8806210 2,4-D chlorocrotyl ester297138210 2,4-D Esters132018910 2,4-D Esters9479110 2,4-D Esters5346711110 2,4-D Esters192838710 2,4-D Esters192861610 2,4-D Esters297138210 2,4-D Esters192973310 2,4-D Esters9411110 2,4-D Esters2516826710 2,4-D Esters9480410 2,4-D, salts and esters9475710 2,4-diaminoanisole sulfate3915641710 2,4-Diaminotoluene9580710 2,4-Dichlorophenol12083210 2,4-Dimethylphenol10567910 2-Ethoxyethanol110805100 2-methyl-1-nitroanthraquinone12915710 2-Methyllactonitrile7586510 2-Methylpyridine109068500 2-Nitrophenol8875510 2-Nitropropane7946910 3-(chloromethyl)pyridine hydrochloride695948410 3,3'-Dichlorobenzidine919411 3,3'-Dimethoxybenzidine11990410 3,3'-Dimethylbenzidine11993710 3,4,5-Trichlorophenol60919810 3,4-Dinitrotoluene61039910 3,6-Dichloro-2-methoxybenzoic acid1918009100 3-amino-9-ethylcarbazole13232110 3-amino-9-ethylcarbazole hydrochloride5736017510 3-Chloropropionitrile542767100 3-Iodo-2-propynyl butylcarbamate554065361 3-Methylcholanthrene5649510 4,4'-diaminodiphenyl ether10180410 4,4'-Methylenebis(2-chloroaniline)10114410 4,4'-methylenebis(2-methylaniline)83888010 4,4'-methylenebis(N,N-dimethyl)benzenamine10161110 4,4'-Methylenedianiline10177910 4,4'-thiodianiline13965110 4,6-Dinitro-o-cresol and salts53452110 4-Aminobiphenyl926711 4-Aminopyridine504245100 4-Bromophenyl phenyl ether10155310 4-chloro-m-phenylenediamine513160210 4-chloro-o-phenylenediamine9583010 4-Chloro-o-toluidine, hydrochloride316593310 4-Chlorophenyl phenyl ether7005723500 4-Nitrobiphenyl9293310 2,4-Dinitrophenol5128510 2,4-Dinitrotoluene12114210 2,4-Dithiobiuret54153710 2,5-Dinitrophenol32971510 2,6-Dichlorophenol8765010 2,6-Dinitrophenol57356810 2,6-Dinitrotoluene60620210 2-Acetylaminofluorene539631 2-aminoanthraquinone11779310 2-Butenal417030310 2-Butenal, (e)-12373910 2-Chloroacetophenone53227410 2-Chloroethyl vinyl ether110758100 2-Chloronaphthalene91587500 2-Chlorophenol9557810 2-Cyclohexyl-4,6-dinitrophenol13189510 5-(Aminomethyl)-3-isoxazolol2763964100 5-chloro-o-toluidine9579410 5-nitroacenaphthene60287910 5-nitro-o-anisidine995921 5-Nitro-o-toluidine9955810 7,12-Dimethylbenz[a]anthracene579761 abietic acid51410310 Acenaphthene8332910 Acenaphthylene208968500 Acetaldehyde75070100 Acetaldehyde, trichloro-75876500 Acetamide6035510 Acetic acid64197500 Acetic anhydride108247500 Acetone67641500 Acetonitrile75058500 Acetophenone98862500 Acetyl bromide506967500 Acetyl chloride75365500 Acrolein1070281 Acrylamide79061500 Acrylic acid79107500 Acrylonitrile10713110 actinomycin D5076010 Adipic acid124049500 Aflatoxins14026821 Aldicarb1160631 Aldicarb sulfone16468841 Aldrin3090021 Allyl alcohol10718610 Allyl chloride107051100 alpha –Endosulfan9599881 alpha-BHC31984610 alpha-Hexachlorocyclohexane31984610 alpha-Naphthylamine13432710 Aluminum phosphide2085973810 Aluminum sulfate10043013500 Aminoazobenzene6009310 Amitrole6182510 Ammonia766441710 Ammonium acetate631618500 Ammonium benzoate1863634500 Ammonium bicarbonate1066337500 Ammonium bichromate778909510 Ammonium bifluoride134149710 Ammonium bisulfite10192300500 Ammonium carbamate1111780500 Ammonium carbonate506876500 Anilazine1010531 Aniline62533500 aniline hydrochloride14204110 Anthracene120127500 Antimony7440360500 ANTIMONY COMPOUNDS1 Antimony pentachloride7647189100 Antimony potassium tartrate2830074510 Antimony tribromide7789619100 Antimony trichloride10025919100 Antimony trifluoride7783564100 Antimony trioxide1309644100 antimycin A13979401 Aramite1405781 Aroclor 1016126741121 Aroclor 1221111042821 Aroclor 1232111411651 Aroclor 1242534692191 Aroclor 1248126722961 Aroclor 1254110976911 Aroclor 1260110968251 Arsenic74403821 Arsenic acid13275221 Arsenic acid77783941 ARSENIC COMPOUNDS1 Arsenic disulfide13033281 Arsenic pentoxide13032821 Arsenic trioxide13275331 Arsenic trisulfide13033391 Arsenous trichloride77843411 Ammonium chloride12125029500 Ammonium chromate778898910 Ammonium citrate, dibasic3012655500 Ammonium fluoborate13826830500 Ammonium fluoride1212501810 Ammonium hydroxide1336216100 Ammonium oxalate14258492500 Ammonium oxalate5972736500 Ammonium oxalate6009707500 Ammonium picrate13174810 Ammonium silicofluoride16919190100 Ammonium sulfamate7773060500 Ammonium sulfide1213576110 Ammonium sulfite10196040500 Ammonium tartrate3164292500 Ammonium tartrate14307438500 Ammonium thiocyanate1762954500 Ammonium vanadate7803556100 Amyl acetate628637500 Asbestos (friable)13322141 Auramine49280810 Azaserine1150261 azinphos-ethyl26427191 Aziridine, 2-methyl755581 Azobenzene1033331 Barban1012791 Barban10127910 Barium cyanide54262110 Bendiocarb2278123310 Bendiocarb phenol229618261 Benezeneamine, 2,6-dinitro-N,N-dipropyl-4- (trifluoromethyl)- 158209810 Benomyl178043521 Benomyl1780435210 Benz[a]anthracene5655310 Benz[c]acridine22551410 Benzal chloride98873500 Benzamide, 3,5-dichloro-N-(1,1-dimethyl-2-propynyl23950585500 Benzene7143210 Benzene, 2,4-diisocyanato-1-methyl-58484910 Benzeneacetic acid, 4-chloro-.alpha.-(4chlorophenyl)-.alpha.-hydroxy-, ethyl ester 510156 10 Benzeneethanamine, alpha,alpha-dimethyl-122098500 Benzenemethanol, 4-chloro-.alpha.-4chlorophenyl)-.alpha.-(trichloromethyl)- 115322 10 Benzenesulfonyl chloride9809910 Benzenethiol10898510 Benzidine928751 Benzidine (and salts)1 Benzo(k)fluoranthene207089500 Benzo[a]pyrene503281 Benzo[b]fluoranthene2059921 Benzo[ghi]perylene191242500 Benzoic acid65850500 Benzoic trichloride9807710 Benzonitrile100470500 Benzoyl chloride98884100 Benzyl chloride10044710 Beryllium744041710 Beryllium chloride77874751 BERYLLIUM COMPOUNDS1 Beryllium fluoride77874971 Beryllium nitrate77875551 Beryllium nitrate135979941 beta –Endosulfan332136591 beta-BHC3198571 beta-Naphthylamine9159810 beta-Propiolactone5757810 Biphenyl9252410 Cadmium bromide778942610 Cadmium chloride1010864210 CADMIUM COMPOUNDS1 Calcium arsenate77784411 Calcium arsenite527401661 Calcium carbide7520710 Calcium chromate1376519010 Calcium cyanamide156627100 Calcium cyanide59201810 Calcium dodecylbenzenesulfonate26264062100 Calcium hypochlorite777854310 Caprolactam105602500 Captafol24250611 Captan13306210 Carbamic acid, methyl-, O-(((2,4dimethyl-1,3-dithiolan-2- 26419738 1 Carbamodithioic acid, dibutyl-, sodium salt1363011 Carbamodithioic acid, diethyl-, sodium salt1481851 Carbamothioic acid, bis(1-methylethyl)- S-(2,3-dichloro-2-propenyl)ester 2303164 10 Carbamothioic acid, dipropyl-, S-(phenylmethyl) ester528888091 Carbamothioic acid, dipropyl-, S-propyl ester19297771 Carbaryl6325210 Carbendazim106052171 Carbofuran156366210 Carbofuran phenol15633881 Carbon disulfide7515010 Carbon oxide sulfide (COS)46358110 Bis(2-chloro-1-methylethyl)ether108601100 Bis(2-chloroethoxy) methane111911100 Bis(2-chloroethyl) ether11144410 Bis(2-ethylhexyl)phthalate11781710 Bis(chloromethyl) ether54288110 Bis(dimethylthiocarbamoyl) sulfide977451 Bromoacetone598312100 Bromoform7525210 Bromomethane74839100 Bromoxynil16898451 Brucine35757310 Butyl acetate123864500 Butyl benzyl phthalate8568710 Butylamine109739100 Butylate20084151 butylbutanol nitrosamine381711610 Butylethylcarbamothioic acid S-propyl ester11147121 Butyric acid107926500 Cacodylic acid756051 Cadmium744043910 Cadmium acetate54390810 Carbon tetrachloride5623510 Carbonic difluoride353504100 Carbonochloridic acid, methylester79221100 Carbonyl sulfide46358110 Carbophenothion7861961 Carbosulfan552851481 Catechol12080910 Chloramben13390410 Chlorambucil30503310 Chloramines1 Chlordane577491 Chlorfenvinphos47090610 CHLORINATED BENZENES1 Chlorinated dibenzofurans1 Chlorinated dioxins1 CHLORINATED ETHANES1 CHLORINATED NAPTHALENE1 CHLORINATED PHENOLS1 Chlorine778250510 Chlorine (elemental and hypochlorite salts)10 Chlornaphazine49403110 Chloroacetaldehyde107200100 Chloroacetic acid7911810 CHLOROALKYL ETHERS1 Chlorobenzene10890710 Chlorodibromomethane12448110 Chloroethane7500310 Chloroform6766310 Chloromethane7487310 Chloromethyl methyl ether10730210 Chloroprene12699810 Chlorosulfonic acid7790945100 Chlorpyrifos29218821 Chromic acetate1066304100 Chromic acid773894510 Chromic acid1111574510 Chromic sulfate10101538100 Chromium7440473500 CHROMIUM COMPOUNDS1 Chromous chloride10049055100 Chrysene21801910 Clonitralid142004810 COBALT COMPOUNDS1 Cobaltous bromide7789437100 Cobaltous formate544183100 Cobaltous sulfamate14017415100 COKE OVEN EMISSIONS1 Copper7440508500 COPPER COMPOUNDS1 Cycloate11342321 Cyclohexane110827100 Cyclohexanone108941500 Cycloheximide668191 Cyclophosphamide5018010 Daunomycin2083081310 DDD725481 DDE3547044500 DDE725591 DDT502931 DDT (p'p', o'p' and technical salts)1 DDT AND METABOLITES1 dehydroabietic acid174019810 delta-BHC3198681 Demeton80654831 Diaminotoluene49672010 Diaminotoluene82340510 Diazinon3334151 Diazomethane33488310 Dibenz[a,h]anthracene537031 Dibenz[a,i]pyrene18955910 Dibenzofuran13264910 Dichlobenil119465610 Dichlone1178061 Dichlorobenzene2532122610 DICHLOROBENZIDENE1 Copper cyanide54492310 Copper, bis(dimethylcarbamodithioato-S,S')-1372911 Coumaphos5672410 Creosote80015891 Cresol (mixed isomers)131977310 Crotoxyphos770017610 Cumene98828500 Cumene hydroperoxide8015910 Cupferron13520610 Cupric acetate14271210 Cupric acetoarsenite (Paris green)120020381 Cupric chloride744739410 Cupric nitrate325123810 Cupric oxalate589366310 Cupric sulfate775898710 Cupric sulfate, ammoniated1038029710 Cupric tartrate81582710 CYANIDE COMPOUNDS1 Cyanides (soluble salts and complexes)5712510 Cyanogen46019510 Cyanogen bromide506683100 Cyanogen chloride50677410 Cycasin1490108710 Dichlorobromomethane75274500 Dichlorodifluoromethane (CFC-12)75718500 Dichloroisopropyl ether108601100 Dichlorophenylarsine6962861 Dichloropropane26638197100 Dichloropropane –Dichloropropene (mixture)800319810 Dichloropropene2695223810 Dichlorvos6273710 Dichrotophos1416621 Dicofol11532210 Dieldrin605711 Diepoxybutane146453510 Diethanolamine11142210 Diethyl phthalate84662100 Diethyl sulfate6467510 Diethylamine10989710 Diethylarsine6924221 Diethyl-p-nitrophenyl phosphate31145510 Diethylstilbestrol565311 Dihydrosafrole9458610 Diisopropylfluorophosphate5591410 Dimethoate6051510 dimethyl disulphide62492010 Dimethyl phthalate131113500 Dimethyl sulfate7778110 Dimethylamine124403100 Dimethylaminoazobenzene6011710 Dimethylcarbamyl chloride794471 Dimethylformamide6812210 Dimetilan6446441 Dinitrobenzene (mixed isomers)2515454510 Dinitrophenol2555058710 Dinitrotoluene (mixed isomers)2532114610 Dinocap393004531 Di-n-octyl phthalate117840500 Dinoseb88857100 Dioxathion783421 diphenyl ether10184810 DIPHENYLHYDRAZINE1 Diphosphoramide, octamethyl-15216910 Dipropylamine142847500 Diquat85007100 Diquat2764729100 Disulfiram977781 Disulfoton2980441 Diuron33054110 Dodecylbenzenesulfonic acid27176870100 Endosulfan1152971 ENDOSULFAN AND METABOLITES1 Ethylenebisdithiocarbamic acid, salts & esters111546500 Ethylenediamine107153500 Ethylenediamine-tetraacetic acid (EDTA)60004500 Ethyleneimine1515641 Famphur52857100 Fensulfothion1159021 Fenthion553891 Ferric ammonium citrate1185575100 Ferric ammonium oxalate2944674100 Ferric ammonium oxalate55488874100 Ferric chloride7705080100 Ferric fluoride778350810 Ferric nitrate10421484100 Ferric sulfate10028225100 Ferrous ammonium sulfate10045893100 Ferrous chloride775894310 Ferrous sulfate7720787100 Ferrous sulfate7782630100 Fine mineral fibers Fluchloralin332453951 Fluoranthene20644010 Fluorene86737500 Fluorine778241410 Fluoroacetamide64019710 Endosulfan sulfate10310781 Endothall145733100 Endrin722081 Endrin aldehyde74219341 ENDRIN AND METABOLITES1 Epichlorohydrin10689810 Epinephrine51434100 EPN21046451 Ethanimidothioic acid, 2-(dimethylamino)-Nhydroxy-2-oxo-, methyl ester 30558431 1 Ethanimidothioic acid, N-[[methylamino)carbonyl]1675277510 Ethanol, 2,2'-oxybis-, dicarbamate59522611 Ethion56312210 Ethyl acetate141786500 Ethyl acrylate140885100 Ethyl cyanide10712010 Ethyl dipropylthiocarbamate7599441 Ethyl ether6029710 Ethyl methacrylate97632100 Ethyl methanesulfonate625001 Ethyl Ziram143245511 Ethylbenzene100414100 Ethylene glycol107211500 Ethylene oxide7521810 Ethylene thiourea9645710 Formaldehyde5000010 Formetanate hydrochloride234225391 Formic acid64186500 Formparanate177025771 Fumaric acid110178500 Furan11000910 Furan, tetrahydro-109999100 Furathiazole5318281 Furfural98011500 Glycidylaldehyde76534410 GLYCOL ETHERS1 Guanidine, N-methyl-N'-nitro-N-nitroso-7025710 Guthion865001 HALOETHERS1 HALOMETHANES1 Heptachlor764481 HEPTACHLOR AND METABOLITES1 Heptachlor epoxide10245731 Hexachlorobenzene11874110 Hexachlorobutadiene876831 hexachlorocyclohexane (all isomers)6087311 Hexachlorocyclopentadiene7747410 Hexachloroethane6772110 Hexachlorophene7030410 Hexachloropropene1888717100 Hexaethyl tetraphosphate75758410 Hexamethylene-1,6-diisocyanate82206010 Hexamethylphosphoramide6803191 Hexane110543500 Hydrazine3020121 Hydrazine, 1,2-diethyl-161580110 Hydrazine, 1,2-dimethyl-5407381 Hydrochloric acid7647010500 Hydrofluoric acid766439310 Hydrogen cyanide7490810 Hydrogen sulfide778306410 Hydroquinone12331910 Indeno(1,2,3-cd)pyrene19339510 iso-Amyl acetate123922500 iso-Butyl acetate110190500 Isobutyl alcohol78831500 iso-Butylamine78819100 iso-Butyric acid79312500 Isodrin4657361 isonicotinic acid hydrazine5485310 Isophorone78591500 Isoprene7879510 Isopropanolamine dodecylbenzene sulfonate42504461100 Isopropylmethylpyrazolyl dimethylcarbamate1193801 Leptophos216099051 Lindane588991 Lithium and lithium salts1 malachite green5696421 Malathion12175510 Maleic acid110167500 Maleic anhydride108316500 Maleic hydrazide123331500 Malononitrile109773100 MANGANESE COMPOUNDS1 Manganese, bis(dimethylcarbamodithioato-S,S')-153393631 m-Cresol10839410 m-Dinitrobenzene9965010 Melphalan1488231 Mercuric cyanide5920411 Mercuric nitrate1004594010 Mercuric sulfate778335910 Mercuric thiocyanate59285810 Mercurous nitrate1041575510 Mercurous nitrate778286710 Mercury74399761 MERCURY COMPOUNDS1 Isosafrole12058110 kanechlor C5929951310 Kepone1435001 Ketene4635141 Lactonitrile7897710 Lasiocarpine30334410 Lead743992110 Lead acetate30104210 Lead arsenate101024841 Lead arsenate77844091 Lead arsenate76452521 Lead chloride775895410 LEAD COMPOUNDS1 Lead fluoborate1381496510 Lead fluoride778346210 Lead iodide1010163010 Lead nitrate1009974810 Lead phosphate744627710 Lead stearate5618909410 Lead stearate107235110 Lead stearate742848010 Lead stearate5265259210 Lead subacetate133532610 Lead sulfate744614210 Lead sulfate1573980710 Lead sulfide131487010 Lead thiocyanate59287010 Mercury fulminate62886410 Mestranol7233310 Methacrylonitrile126987100 Methanol67561500 Methapyrilene91805500 Methiocarb203265710 Methoxychlor724351 Methyl ethyl ketone (MEK)78933500 Methyl ethyl ketone peroxide133823410 Methyl hydrazine6034410 Methyl iodide7488410 Methyl isobutyl ketone108101500 Methyl isocyanate62483910 Methyl mercaptan7493110 Methyl methacrylate80626100 Methyl parathion29800010 Methyl tert-butyl ether1634044100 Methylene bromide74953100 Methylene chloride75092100 Methylenebis(phenylisocyanate)101688500 Methylthiouracil5604210 Metolcarb11294151 Mevinphos778634710 Mexacarbate315184100 Mirex23858551 Mitomycin C5007710 m-Nitrophenol55484710 m-Nitrotoluene99081100 Monocrotaline31522010 Monocrotophos69232241 Monoethylamine7504710 Monomethylamine7489510 mustard gas50560210 m-Xylene108383100 N-(2-hydroxyethyl)ethyleneimine107252210 N,N-Diethylaniline91667100 N,N'-diethylthiourea10555510 N,N-Dimethylaniline12169710 Naled30076510 Naphthalene9120310 Naphthenic acid133824510 n-Butyl alcohol71363500 n-Butyl phthalate8474210 neoabietic acid4717721 Nickel744002010 Nickel ammonium sulfate1569918010 Nickel carbonyl1346339310 Nickel chloride3721105510 Nickel chloride771854910 N-Nitrosomethylvinylamine454940010 N-Nitrosomorpholine598921 N-nitrosomorpholine5989210 N-Nitroso-N-ethylurea7597391 N-Nitroso-N-methylurea6849351 N-Nitroso-N-methylurethane6155321 N-Nitrosopiperidine10075410 N-Nitrosopyrrolidine9305521 N-nitrososarcosine1325622910 n-Propylamine107108500 O,O-Diethyl O-pyrazinyl phosphorothioate29797210 O,O-Diethyl S-methyl dithiophosphate3288582500 o-aminoazotoluene9756310 o-Anisidine9004010 o-anisidine hydrochloride13429210 o-Cresol9548710 Octachlorostyrene2908274410 o-Dichlorobenzene9550110 o-Dinitrobenzene52829010 o-Nitrotoluene88722100 NICKEL COMPOUNDS1 Nickel cyanide55719710 Nickel hydroxide1205448710 Nickel nitrate1421675210 Nickel sulfate778681410 Nicotine and salts5411510 Nicotine sulfate6530510 Nifurthiazole357075010 Niridazole6157410 Nithiazide13994610 Nitric acid7697372100 Nitric oxide1010243910 Nitrobenzene98953100 Nitrofen183675510 Nitrogen dioxide1010244010 Nitrogen dioxide1054472610 nitrogen mustard5175210 Nitroglycerin5563010 Nitrophenol (mixed isomers)2515455610 NITROPHENOLS1 NITROSAMINES1 Nitrotoluene1321126100 N-methyl formamide12339710 N-Nitrosodiethanolamine11165471 N-Nitrosodiethylamine551851 N-Nitrosodimethylamine6275910 N-Nitrosodi-n-butylamine92416310 N-Nitrosodi-n-propylamine62164710 N-Nitrosodiphenylamine8630610 o-phenylphenol9043710 Osmium tetroxide20816120100 o-Toluidine9553410 o-Toluidine hydrochloride63621510 Oxamyl231352201 Oxydemetonmethyl30112210 o-Xylene95476100 Paraformaldehyde30525894100 Paraldehyde123637100 Paraquat191042510 Parathion5638210 p-Chloroaniline106478100 p-Chloro-m-cresol59507500 p-chlorophenol10648910 p-cresidine12071810 p-Cresol10644510 p-Dinitrobenzene10025410 Pentachlorobenzene60893510 Pentachloroethane7601710 Pentachloronitrobenzene8268810 Pentachlorophenol8786510 Pentachlorophenol (and salts)10 Perchloromethyl mercaptan59442310 Phenacetin6244210 Phenanthrene85018500 phenazopyridine hydrochloride13640310 Phenesterin354610910 Phenobarbitol5006610 Phenol108952100 Phenol, 2-(1-methylethoxy)-, methylcarbamate11426110 Phenol, 3-(1-methylethyl)-, methylcarbamate640061 Phenylmercury acetate6238410 Phenylthiourea10385510 Phenytoin5741010 phenytoin sodium63093310 Phorate29802210 Phosazetim41041471 Phosgene7544510 Phosmet73211610 Phosphamidon131712161 Phosphine780351210 Phosphoric acid7664382500 Phosphorous trichloride7719122100 Phosphorus77231401 Phosphoryl chloride10025873100 PHTHALATE ESTERS1 Phthalic anhydride85449500 Physostigmine574761 Physostigmine, salicylate (1:1)576471 Piperidine, 1,1'-(tetrathiodicarbonothioyl)-bis-1205471 piperonyl sulfoxide12062710 p-Nitroaniline100016500 p-Nitrophenol10002710 p-nitrosodiphenylamine15610510 p-Nitrotoluene99990100 Polybrominated biphenyls1 Polychlorinated biphenyls13363631 POLYCYCLIC ORGANIC MATTER1 POLYNUCLEAR AROMATIC HYDROCARBONS1 Potassium arsenate77844101 Potassium arsenite101245021 Potassium bichromate777850910 Potassium chromate778900610 Potassium cyanide15150810 Potassium dimethyldithiocarbamate1280301 Potassium hydroxide1310583100 Potassium N-hydroxymethyl-N-methyldithiocarbamate510262891 Potassium N-methyldithiocarbamate1374171 Potassium permanganate772264710 Potassium silver cyanide5066161 p-Phenylenediamine106503500 Promecarb26313701 Propane sultone112071410 Propargite231235810 Propargyl alcohol107197100 Propham1224291 Propionaldehyde123386100 Propionic acid79094500 Propionic anhydride123626500 Propylene oxide7556910 Propylthiouracil5152510 p-Toluidine10649010 p-Xylene10642310 Pyrene129000500 Pyrethrins1212991 Pyrethrins1212111 Pyrethrins80033471 Pyridine110861100 Quinoline91225500 Quinone10651410 Reserpine50555500 Resorcinol108463500 Rotenone837941 Saccharin and salts8107210 Safrole9459710 sec-Amyl acetate626380500 sec-Butyl acetate105464500 sec-Butylamine513495100 sec-Butylamine13952846100 Selenious acid778300810 Selenious acid, dithallium(1+) salt12039520100 Selenium778249210 SELENIUM COMPOUNDS1 Selenium dioxide744608410 Selenium sulfide748856410 Selenium, tetrakis(dimethyldithiocarbamate)1443431 Selenourea630104100 Semicarbazide5756710 semicarbazide hydrochloride56341710 Silver7440224100 SILVER COMPOUNDS1 Silver cyanide5066491 Silver nitrate77618881 Silvex (2,4,5-TP)9372110 silvex, propylene glycol butyl ether ester231724010 Sodium744023510 Sodium arsenate76318921 Sodium arsenite77844651 Sodium azide (Na(N3))26628228100 Sodium bichromate1058801910 Sodium bifluoride133383110 Sodium bisulfite7631905500 Sodium chromate777511310 Sodium cyanide (Na(CN))14333910 Sodium dimethyldithiocarbamate1280411 Sodium dodecylbenzenesulfonate25155300100 Sodium fluoride7681494100 Sodium fluoroacetate6274810 sodium fluoroacetate627481 Sodium hydrosulfide16721805500 Sodium hydroxide1310732100 Sodium hypochlorite1002270510 Sodium hypochlorite768152910 Sodium methylate124414100 Sodium methyldithiocarbamate1374281 Sodium nitrite763200010 Sodium phosphate, dibasic10039324500 Sodium phosphate, dibasic10140655500 Sodium phosphate, dibasic7558794500 Sodium phosphate, tribasic10361894500 Sodium phosphate, tribasic7785844500 Sodium phosphate, tribasic7601549500 Sodium phosphate, tribasic7758294500 Sodium phosphate, tribasic10101890500 Sodium phosphate, tribasic10124568500 Sodium selenite778282310 Sodium selenite1010218810 sodium-o-phenylphenol13227410 Streptozotocin188836641 Strontium chromate778906210 Strychnine, and salts5724910 Strychnine, sulfate6041310 Styrene100425100 Styrene oxide9609310 Sulfallate950671 Sulfallate9506710 Sulfur monochloride12771083100 Sulfur phosphide131480310 Sulfuric acid7664939100 Sulfuric acid (fuming)8014957100 Terbufos130717991 tert-Amyl acetate625161500 tert-Butyl acetate540885500 tert-Butylamine75649100 Tetrabutylthiuram disulfide16340221 Tetrachloroethylene12718410 Tetrachloroguaiacol253917510 Tetrachlorvinphos96111510 Tetraethyl lead7800210 Tetraethyl pyrophosphate10749310 Tetraethyldithiopyrophosphate368924510 Tetrahydro-3,5-dimethyl-2H-1,3,5-thiadiazine-2-thione5337441 Tetranitromethane50914810 Thallium(I) nitrate1010245110 Thallium(I) sulfate744618610 Thioacetamide6255510 Thiodicarb596692601 Thiofanox3919618410 Thiophanate-methyl235640581 Thiosemicarbazide7919610 Thiourea6256610 Thiourea, (2-chlorophenyl)-534482110 Thiourea, 1-naphthalenyl-8688410 Thiram13726810 Titanium chloride (TiCl4) (T-4)-7550450100 Titanium tetrachloride7550450100 Toluene108883100 Toluene diisocyanate (unspecified isomer)2647162510 Toluene-2,6-diisocyanate9108710 Toluenediamine2537645810 Toxaphene80013521 Triallate23031751 Triaryl phosphate esters10 Tributyltin (and salts and esters)1 Trichlorfon5268610 Trichloroethylene7901610 Trichlorofluoromethane (CFC-11)75694500 Trichlorophenol2516782210 Triethanolamine dodecylbenzene sulfonate27323417100 Triethylamine121448500 Trimethylamine7550310 Trimethylphosphate5125611 Tris(2,3-dibromopropyl) phosphate12672710 Tris(dimethylcarbamodithioato-S,S')iron144846411 Trypan blue7257110 Uracil mustard6675110 Uranyl acetate54109310 Uranyl nitrate3647876910 Uranyl nitrate1010206410 Urethane5179610 Vanadium pentoxide1314621100 Vanadyl sulfate27774136100 Vinyl acetate108054500 Vinyl bromide59360210 Vinyl chloride750141 THALLIUM COMPOUNDS1 Thallic oxide131432510 Thallium7440280100 Thallium chloride TlCl779112010 Thallium sulfate1003159110 Thallium(I) acetate56368810 Thallium(I) carbonate653373910 Warfarin sodium12906610 Warfarin, & salts, conc.>0.3%8181210 Xylene (mixed isomers)133020710 Xylenol1300716100 Zinc7440666100 Zinc (fume or dust)7440666100 Zinc acetate557346100 Zinc ammonium chloride14639986100 Zinc ammonium chloride14639975100 Zinc ammonium chloride52628258100 Zinc borate1332076100 Zinc bromide7699458100 Zinc carbonate3486359100 Zinc chloride7646857100 ZINC COMPOUNDS1 Zinc cyanide55721110 Zinc fluoride7783495100 Zinc formate557415100 Zinc hydrosulfite7779864100 Zinc nitrate7779886100 Zinc phenolsulfonate127822500 Zinc phosphide131484710 Zinc phosphide (conc. <= 10%)131484710 Zinc silicofluoride16871719500 Zinc sulfate7733020100 Ziram137304 Zirconium nitrate13746899500 Zirconium potassium fluoride16923958100 Zirconium sulfate14644612500 Zirconium tetrachloride10026116500

**History**
- *History: 2001 AACS.*

### **R 324.8801 to R 324.8810** Clean MI Initiative - Nonpoint Source Pollution Prevention Control Grants

##### **Mich. Admin. Code R 324.8801** Purpose {#sec-r-324.8801 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.8801}

DEPARTMENT OF ENVIRONMENTAL QUALITY

SURFACE WATER QUALITY DIVISION

CLEAN MICHIGAN INITIATIVE NONPOINT SOURCE POLLUTION

CONTROL GRANTS

(By authority conferred on the department of environmental quality by section 8808 of 1994 PA 451, MCL 324.8808)

Rule 1. These rules establish a program of nonpoint source pollution prevention and control grants using funds available under the clean Michigan initiative. These rules establish requirements for all of the following:

(a) Approvable watershed plans.

(b) Eligible applicants.

(d) Project design and maintenance.

(e) Reporting.

**History**
- *History: 1999 AACS.*

##### **Mich. Admin. Code R 324.8802** Definitions {#sec-r-324.8802 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.8802}

Rule 2. As used in these rules:

(a) "Approved watershed management plan" means either of the following:

(i) A watershed management plan that meets the criteria established in R 324.8810 and approved by the director.

(ii) Remedial Action Plans and Lakewide Management Plans.

(b) "Best management practices" means structural, vegetative, or managerial practices that reduce or prevent the detachment, transport, and delivery of nonpoint source pollutants to the surface waters of the state or groundwater.

(d) "Designated use" or "designated uses" means a use or uses of the surface waters of the state as established by part 4 of 1994 PA 451, MCL 324.401 et seq.

(e) "Director" means the director of the department or his or her designee.

(f) "Environmental sample" means the collection or analysis of information about any of the following:

(i) Vegetation.

(ii) Soils.

(iii) Fish.

(iv) Biota.

(v) Water (vi) Habitat.

(g) "Grant" means a nonpoint source pollution prevention and control project grant funded by the clean Michigan initiative bond.

(h) "In-kind services" means services provided by the grant applicant or its partners including any of the following:

(i) Salaries and wages of project staff and others working on the project, including engineering services and volunteers.

(ii) Rent paid for office space, meeting rooms, or other indirect costs associated with the project.

(iii) The cost of renting or purchasing of equipment, materials, or supplies in excess of the costs paid for by the grant.

(iv) The costs of collecting and analyzing environmental samples or other environmental quality measurements to document improvement in water quality.

(v) The costs of installing best management practices or materials donated for the implementation of best management practices.

(vi) Other resources acceptable by the department.

(i) "Lakewide Management Plan" means a plan developed under the Great Lakes water quality agreement between Canada and the United States, as amended in 1987.

(j) "Local unit of government" means any of the following entities:

(i) A county, city, village, or township or an agency of a county, city, village, or township.

(ii) The office of a county drain commissioner.

(iii) A soil conservation district established under part 93 of 1994 PA 451, MCL 324.9301 et seq.

(iv) A watershed council.

(v) A local health department as defined in section 1105 of 1978 PA 368, MCL 333.1105.

(vi) An authority or any other public body created by or under state law.

(k) "Match" means the portion of the total project cost that is to be paid by the applicant or its partners from public or private funding sources, excluding clean Michigan initiative funds and federal clean water act funds awarded as grants by the state.

(l) "Nonpoint source pollution" means water pollution from diffuse sources, including any of the following:

(i) Runoff from precipitation or snowmelt contaminated through contact with pollutants in the soil or on other surfaces and either infiltrating into the groundwater or being discharged to surface waters of the State.

(ii) Runoff or wind that causes the erosion of soil into surface waters of the State.

(iii) Stream bank erosion resulting from unstable hydrologic flows.

(m) "Not-for-profit entity" means an entity that is exempt from taxation under section 501(c)(3) of the internal revenue code.

(n) "Physical improvements" means structural or vegetative best management practices used to control nonpoint source pollution.

(o) "Project contract" means the legally binding agreement between the department and a recipient of a grant that establishes the terms and conditions of the work to be conducted.

(p) "Remedial action plan" means a plan developed under the Great Lakes water quality agreement between Canada and the United States, as amended in 1987.

(q) "Request for proposals" means the document used by the department to solicit proposals for grant funding.

(r) "Site" means a block or contiguous blocks of land that constitute a viable management unit.

(s) "Surface waters of the state" means all of the following, but does not include drainageways and ponds used solely for wastewater conveyance, treatment, or control:

(i) The Great Lakes and their connecting waters.

(ii) All inland lakes.

(iii) Rivers.

(iv) Streams.

(v) Impoundments.

(vi) Open drains.

(vii) Other surface bodies of water within the confines of the state.

(t) "Water quality standards" means the part 4 water quality standards developed under part 31 of 1994 PA 451, MCL 324.3101 et seq.

(u) "Watershed" means a topographic area of the land that drains to a common point, such as a lake, pond, river, or stream.

(v) "Watershed management plan" means a water resource plan that sets forth management strategies for improving or protecting water quality or achieving water quality standards and designated uses in a watershed.

**History**
- *History: 1999 AACS.*

##### **Mich. Admin. Code R 324.8803** Nonpoint source pollution prevention and control grants {#sec-r-324.8803 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.8803}

Rule 3. The director may award grants and enter into project contracts for either or both of the following purposes:

(a) To implement the physical improvement portion of an approved watershed management plan.

(b) To reduce nonpoint source pollution from sources as identified by the department.

**History**
- *History: 1999 AACS.*

##### **Mich. Admin. Code R 324.8804** Application {#sec-r-324.8804 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.8804}

Rule 4. (1) The department shall seek applications for grants from local units of government and not-for-profit entities using a request for proposals. The request for proposals shall include all of the following information:

(a) The types of proposals being solicited.

(b) The application due date.

(2) An applicant shall submit a grant application to the department in the format prescribed by the department and on forms provided by the department.

(3) A grant application shall include all of the following:

(a) Information about the applicant, including all of the following:

(i) The applicant's name, address, telephone number, and other pertinent information.

(ii) The qualifications of the applicant's key project staff.

(iii) A statement from a certified public accountant as to when an audit was last conducted, the scope and date of the audit, and a general statement as to the results of the audit.

(b) A description of the project, including, but not limited to all of the following information:

(i) The nature of the water quality concern to be addressed.

(ii) The project goals and objectives.

(iii) For projects implementing the physical improvement portion of an approved watershed management plan, a statement identifying the associated approved watershed management plan, a statement verifying that the plan is current, and a description of how the project is consistent with the tasks in R 324.8810(2)(g).

(d) A work plan that identifies the tasks to be completed and the group or agency responsible for completing each task.

(e) A description of the measures the grantee has taken to identify potential land use conflicts with the proposed project.

(f) A timetable of significant milestones and deliverables.

(g) Steps to be taken to assure the long-term sustainability of the project, including both of the following:

(i) Steps to institutionalize the practices implemented in the project.

(ii) Commitments by appropriate partners to maintain the practices and the period of time over which the commitments are applicable.

(h) Budget information, including anticipated expenditures, local match and the sources of match, and the amount of the grant being applied for.

(i) An 8½-inch by 11-inch project location map.

(j) A statement that the proposed project is in compliance with all applicable state laws and rules or will result in compliance with state laws and rules.

(k) An evaluation component that describes how success in achieving the goals and objectives will be determined.

(l) For an application that proposes to implement physical improvements on sites where plans have been developed, an applicant shall submit all of the following information, unless the applicant demonstrates, in writing, that the information does not apply:

(i) Engineered drawings.

(ii) The basis of design.

(iii) A statement indicating the specifications that were used.

(iv) A statement verifying that all applicable permits will be obtained before implementation.

(v) A maintenance plan.

(m) For an application that proposes to implement physical improvements on sites where plans have not been developed, an applicant shall submit both of the following:

(i) An 8½-inch by 11-inch conceptual site plan showing the location of natural features and the proposed best management practices.

(ii) A statement indicating that final plans will be submitted to the department consistent with subrule (l) of this rule prior to construction. The department shall incorporate the commitment into the project contract.

(4) Plans and specifications submitted under subrule (l) of this rule for the project shall bear 1 or more seals of a registered professional engineer or registered landscape architect or equivalent, as appropriate for the proposed project and approved by the Department.

(5) The department reserves the right to review, request modifications of, approve, or reject a site plan submitted for grant funding.

**History**
- *History: 1999 AACS.*

##### **Mich. Admin. Code R 324.8805** Eligible applicants {#sec-r-324.8805 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.8805}

Rule 5. (1) Only local units of government and not-for-profit entities are eligible to apply for grants.

(2) An applicant shall demonstrate the capability to carry out the proposed project.

(3) An applicant shall demonstrate that there is an identifiable source of funds for future maintenance and operation of the proposed project, if appropriate.

(4) An applicant shall have undergone a successful financial audit within the 24-month period immediately preceding the application for the grant.

(5) Within the 24-month period immediately preceding the application for the grant, an applicant shall not have demonstrated an inability to either manage a grant or meet the obligations in a project contract with the department.

(6) An applicant shall not have had a grant from any program within the department revoked or terminated within the 24-month period immediately preceding the application for the grant.

(7) An applicant shall submit all information included in the application requirements in R 324.8804 by the deadline identified in the request for proposals. The department shall not accept an application postmarked later than the deadline in the request for proposals.

Eligible applicants may submit applications for more than 1 project.

(8) To be eligible for a grant under R 324.8803(a), an applicant shall have an approved watershed management plan. An applicant shall submit a watershed management plan to the department for approval not less than 90 days before the deadline identified in the request for proposals.

**History**
- *History: 1999 AACS.*

##### **Mich. Admin. Code R 324.8806** Project selection factors {#sec-r-324.8806 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.8806}

Rule 6. In selecting projects for grant award, the department shall consider all of the following factors as they relate to a project:

(a) The anticipated water quality benefits of the project in relation to the costs.

(b) The ability of the applicant and the partners to carry out the project.

(c) A commitment on the part of the applicant to conduct an evaluation of the effectiveness of the project, including a commitment to provide monitoring data or other information that documents improvement in water quality or the reduction of pollutant loads.

(d) The expectation for long-term water quality improvement.

(e) The expectation for long-term protection of high-quality waters.

(f) The consistency of the project with remedial action plans and other regional water quality or watershed management plans approved by the department.

(g) The list of impaired waters under section 303(d) of title III of the federal water pollution control act, 33 U.S.C. §1313.

(h) Commitments for financial and technical assistance from the partners in the project.

(i) Financial and other resource contributions, including in-kind services, by project partners in excess of the contributions required in section 8802(4) of 1994 PA 451, MCL 324.8802(4).

(j) The length of time the applicant has committed to maintain the physical improvements.

(k) Whether the project provides benefits to sources of drinking water.

(l) Letters of support for the proposed project from affected stakeholders and local units of government.

(m) Other information the department considers relevant.

**History**
- *History: 1999 AACS.*

##### **Mich. Admin. Code R 324.8807** Reporting and reimbursement {#sec-r-324.8807 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.8807}

Rule 7. (1) During the period of the grant, a grantee shall submit status reports to the department at least quarterly. The reports shall include all of the following information:

(a) A narrative description of the progress, including all of the following information:

(i) The project name, the grantee name, and the reporting period.

(ii) The value of the match earned during the quarter.

(iii) The progress made during the reporting period for each task in the work plan.

(iv) Accomplishments not anticipated in the work plan.

(v) Products generated during the reporting period, if applicable.

(vi) Barriers to progress that have caused delays.

(vii) Activities scheduled for the following reporting period.

(b) A financial status report in a format consistent with the form provided by the department.

(c) A summary of the environmental benefits of the project, including the number of best management practices implemented and pollutant reduction information, if applicable.

(d) Other appropriate information requested by the department.

(2) The department shall reimburse expenditures incurred during the reporting period upon department approval of the status report.

(3) A grantee shall submit a final project report. The final project report shall include both of the following:

(a) A narrative description of the project, including all of the following information:

(i) The project name and the grantee name.

(ii) The project goals and objectives.

(iii) An analysis of the extent to which the project achieved the goals and objectives.

(iv) A description of the environmental benefits of the project, including the best management practices implemented, pollutant reduction information, if applicable, and before and after pictures.

(v) A list of partners in the project and their individual contributions.

(vi) An analysis of which portions of the project were successful, which were not successful, and the barriers to success.

(b) A financial report in a format consistent with the form provided by the department.

(4) The department reserves the right to conduct site inspections to ensure consistency with the approved site plan.

(5) The department may withhold from reimbursement an amount equal to 10% of the grant until the grantee's final project report has been received and approved. If the department does not receive an approvable final project report within 12 months of the end of the project contract, then the grantee is in default of the contract and forfeits any claim to the unpaid balance of the grant. Forfeited funds are available only for commitment to future nonpoint source grants awarded consistent with these rules.

(6) All grants are subject to a postaudit.

(7) The department may revoke a grant made with money from the fund or withhold payment if the recipient fails to comply with the terms and conditions of the grant. If a grant is revoked, then the department may recover all funds awarded.

(8) If a grantee has committed to continuing maintenance of practices as the grantee's match, then the grantee or partner shall submit, in a format prescribed by the department, a report consistent with the maintenance schedule identified in the maintenance plan.

**History**
- *History: 1999 AACS.*

##### **Mich. Admin. Code R 324.8808** Schedule of grants {#sec-r-324.8808 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.8808}

Rule 8. (1) The department shall issue the request for proposals each fiscal year in which clean Michigan initiative funding is available for grants.

(2) Following project selection, the department and a grantee shall enter into a project contract that establishes the work to be conducted and the commitment of funds.

(3) If a grantee satisfies the match requirement with a commitment to maintain the practices as allowed in R 324.8809, then the grantee shall enter into a separate contract that includes a maintenance plan describing the maintenance activities that will be accomplished and a schedule for each activity.

**History**
- *History: 1999 AACS.*

##### **Mich. Admin. Code R 324.8809** Grantee contribution {#sec-r-324.8809 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.8809}

Rule 9. (1) Each grantee shall contribute not less than 25% of the project's total cost as match.

(2) The department may accept in-kind services to provide all or a portion of the required match.

(3) The department may accept as the match requirement a commitment, under terms acceptable to the department, that provides for the maintenance of the project or practices funded by the grant.

(a) The commitment shall be in the form of a contract between the grantee or a partner and the department. The department and the grantee shall sign the contract before the end of the grantee's project contract.

(b) The maintenance contract shall require the maintenance of the project or the practices for a minimum of 20 years after completion of the project.

(c) If a grantee fails to comply with the terms of the maintenance contract throughout the contract period, then the department may seek reimbursement of up to 25% of the project cost, plus interest, in an amount that is not more than 0.75% per month. Funds recovered under this rule are available only for commitment to future nonpoint source grants awarded consistent with these rules.

**History**
- *History: 1999 AACS.*

##### **Mich. Admin. Code R 324.8810** Approvable watershed management plans {#sec-r-324.8810 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.8810}

Rule 10. (1) A local unit of government or a not-for-profit entity may submit a watershed management plan to the department for approval under these rules.

(2) A watershed management plan submitted to the department for approval under this section shall contain current information, be detailed, and identify all of the following:

(a) The geographic scope of the watershed.

(b) The designated uses and desired uses of the watershed.

(d) The causes of the impairments or threats, including pollutants.

(e) A clear statement of the water quality improvement or protection goals of the watershed management plan.

(f) The sources of the pollutants causing the impairments or threats and the sources that are critical to control in order to meet water quality standards or other water quality goals.

(g) The tasks that need to be completed to prevent or control the critical sources of pollution or address causes of impairment, including, as appropriate, all of the following:

(i) The best management practices needed.

(ii) Revisions needed or proposed to local zoning ordinances and other land use management tools.

(iii) Informational and educational activities.

(iv) Activities needed to institutionalize watershed protection.

(h) The estimated cost of implementing the best management practices needed.

(i) A summary of the public participation process, including the opportunity for public comment, during watershed management plan development and the partners that were involved in the development of the watershed management plan.

(j) The estimated periods of time needed to complete each task and the proposed sequence of task completion.

(k) A description of the process that will be used to evaluate the effectiveness of implementing the plan and achieving its goals.

(3) The department shall accept and review watershed management plans submitted for approval under this rule at any time throughout the year.

(4) The department reserves 90 days to review and comment on watershed management plans submitted for approval.

**History**
- *History: 1999 AACS.*

### **R 324.8901 to R 324.8920** Clean Water Fund

##### **Mich. Admin. Code R 324.8901** Purpose {#sec-r-324.8901 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.8901}

MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY

SURFACE WATER QUALITY DIVISION

CLEAN WATER FUND

(By authority conferred on the department of environmental quality by section 8808 of 1994 PA 451, MCL 324.8808)

Rule 1. These rules govern the establishment of contracts for the expenditure of money in the clean water fund to implement the programs described in the department's document entitled "A Strategic Environmental Quality Monitoring Program for Michigan's Surface Waters," dated January 1997; for water pollution control activities; for wellhead protection activities; for storm water treatment projects and activities; and to serve the purpose of section 8808 of 1994 PA 451, MCL 324.8808.

**History**
- *History: 2000 AACS.*

##### **Mich. Admin. Code R 324.8902** Definitions; A to C {#sec-r-324.8902 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.8902}

Rule 2. As used in these rules:

(a) "Abandoned well" means any of the following which presents a threat to the groundwater resource and which no longer serves the purpose for which it was intended or has been taken out of service:

(i) A water well.

(ii) A monitoring well.

(iii) A drainage well.

(iv) A recharge well.

(v) A test well.

(vi) Other unplugged borings.

(b) "Abandoned well management grant" means a grant to protect community public water supplies by plugging abandoned wells within wellhead protection areas.

(c) "Abandoned well management team" means the wellhead protection team established under R 325.12804 or a team comprised of not less than 3 persons which includes a representative of the community public water supply, a representative of the municipality, village or township, and at least 1 of the following local entities:

(i) County or district health department.

(ii) Fire department.

(iii) Business and industry.

(iv) Agricultural sector.

(v) Educational institution.

(vi) Planning or zoning officials.

(vii) Environmental groups.

(viii) The general public.

(ix) A representative of an adjoining community into which the wellhead protection area extends.

(d) "Applicant" means a nonprofit entity or local unit of government applying for grant funds awarded through the RFP process.

(e) "Approved watershed management plan" means either of the following:

(i) A watershed management plan that meets the criteria established in R 324.8913 and is approved by the department.

(ii) LaMPs and RAPs.

(f) "Best management practices" means structural, vegetative, or managerial practices that reduce or prevent the detachment, transport, and delivery of pollutants to surface waters or groundwater.

(g) "Clean water fund" or "fund" means the fund created in section 8807 of 1994 PA 451, MCL 324.8807.

(h) "Community public water supply" means a community supply as defined in section 2 of 1976 PA 399, MCL 325.1002.

(i) "Conservation reserve program (CRP)" means the program authorized by the food security act of 1985, as amended, P.L. 99-198, as amended, 7 U.S.C. 1281 et seq., administered by the United States department of agriculture farm service agency, under which the commodity credit corporation will enter into contracts with eligible participants to convert eligible agricultural land to a conserving use for a period of time of not less than 10 years nor more than 15 years in return for financial and technical assistance.

(j) "Conservation reserve enhancement program" means the program authorized under the food security act of 1985, as amended, P.L. 99-198, as amended, 7 U.S.C. 1281 et seq., under which a state may enter into agreement with the commodity credit corporation, to use the CRP to promote specific agricultural conservation and environmental objectives of Michigan and the nation.

(k) "Contract" means a legally binding agreement between the department and another entity, public or private, that establishes the terms and conditions of the work to be conducted, or the goods or services to be provided, whether acquired through a grant or through procurement.

(l) "Connecting waters" means any of the following:

(i) The St. Marys River.

(ii) The Keweenaw Waterway.

(iii) The Detroit River.

(iv) The St. Clair River.

(v) Lake St. Clair.

**History**
- *History: 2000 AACS.*

##### **Mich. Admin. Code R 324.8903** Definitions; D to G {#sec-r-324.8903 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.8903}

Rule 3. As used in these rules:

(a) "Department" means the director of the department of environmental quality or his or her designee to whom the director delegates a power or duty by written instrument.

(b) "Designated uses" means a use of the waters of the state as established by part 4 of 1994 PA 451, MCL 323.1041 et seq., including use for any of the following:

(i) Industrial, agricultural, and public water supply.

(ii) Recreation.

(iii) Warmwater and coldwater fisheries, other aquatic life and wildlife.

(iv) Navigation.

(c) "Detroit consumer price index" means the most comprehensive index of consumer prices available for the Detroit area from the United States department of labor, bureau of labor statistics.

(d) "For-profit entity" means any entity that is subject to taxation in accordance with the internal revenue code.

(e) "Grant" means a grant awarded through the RFP process and funded by the clean water fund, being either an abandoned well management grant or a surface water grant.

(f) "Grantee" means the recipient of a grant.

(g) "Groundwater" means water beneath the surface of the earth that saturates the pore spaces associated with sand and gravel, rock fractures, and other subsurface geologic material.

**History**
- *History: 2000 AACS.*

##### **Mich. Admin. Code R 324.8904** Definitions; H to N {#sec-r-324.8904 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.8904}

Rule 4. As used in these rules:

(a) "High quality waters" means any of the following:

(i) Wild and scenic rivers designated under the federal wild and scenic rivers act of 1991, Public Law 102-249, 16 U.S.C. 1271 et seq.

(ii) River reaches designated under part 305 of Act No. 451 of the Public Acts of 1994, as amended, MCL 324.30501 et seq.

(iii) All inland lakes identified in the publication entitled, "Coldwater Lakes of Michigan," as published in August 1976 by the department of natural resources, under the authority of part 411 of 1994 PA 451, MCL 324.41101 et seq., and which are designated for, and protected as, coldwater fisheries.

(iv) All lakes which have public access, which are greater than or equal to 40 acres in size, which are identified in the publication entitled, "Designated Trout Lakes and Regulations," dated September 10, 1998, by the director of the department of natural resources under the authority of part 411 of 1994 PA 451, MCL 324.41101 et seq., and which are designated, and protected as, coldwater fisheries.

(v) All streams identified in the publication entitled, "Designated Trout Streams for the State of Michigan," director's order no. DFI-101.97, by the director of the department of natural resources under the authority of section 48701(m) of 1994 PA 451, MCL 324.48701(m),and which are designated for, and protected as, coldwater fisheries.

(vi) Great lakes and connecting waters.

(vii) Other waterbodies that the applicant can demonstrate to the department contain an abundance, diversity and widespread distribution of members from each of the order plecoptera (stoneflies), ephemeroptera (mayflies), and trichoptera (caddisflies), which are indicators of high quality waters.

(b) "In-kind services" means direct services which are related to the project and which are provided by the applicant or its partner, including any of the following:

(i) Salaries and wages of project staff and others working on the project.

(ii) Time donated to the project, including media time related to the project.

(iii) Cost of rental or purchase of equipment, materials, or supplies.

(iv) Costs of collecting and analyzing water samples to document improvement in water quality.

(v) Costs of installing best management practices or materials donated for the implementation of best management practices.

(vi) Other resources acceptable to the department.

(c) "LaMP" means a lakewide management plan developed under the Great Lakes water quality agreement between Canada and the United States, as amended in 1987.

(d) "Local unit of government" means any of the following entities:

(i) A county, city, village, or township or an agency of a county, city, village, or township.

(ii) The office of a county drain commissioner.

(iii) A soil conservation district established under part 93, entitled "Soil Conservation Districts," of 1994 PA 451, MCL 324.9301 et seq.

(iv) A watershed council.

(v) A local health department as defined in section 1105 of 1978 PA 368, MCL 333.1105.

(vi) An authority or any other public body created by or under state law.

(e) "Low tritium public water supply" means a community supply that has had its well water sampled for tritium and had sample results of not more than 1.0 tritium unit.

(f) "Maintenance contract" means a contract for the long-term maintenance of best management practices.

(g) "Match" means that portion of the total project cost that is to be provided by the applicant or its partners from public or private funding sources other than clean Michigan initiative funds and federal clean water act funds awarded as grants by the state.

(h) "Monitoring activity or activities" means any activity or activities carried out to implement the surface water monitoring strategy or provide data to demonstrate water quality improvements as part of the clean water fund grant activities in R 324.8907(1)(c)to(h), including any of the following:

(i) Measuring the chemical character of surface waters of the state, including sediments, fish and wildlife, and measuring stream flow.

(ii) Monitoring the health and condition of associated aquatic communities and physical habitats of surface waters of the state.

(iii) Analyzing and reporting any associated environmental data.

(i) "Nonprofit entity" means an entity that is exempt from taxation under section 501(c)(3) of the internal revenue code.

(10) "NPDES" means the national pollutant discharge elimination system.

**History**
- *History: 2000 AACS.*

##### **Mich. Admin. Code R 324.8905** Definitions; P to S {#sec-r-324.8905 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.8905}

Rule 5. As used in these rules:

(a) "Partner" means any individual or entity that participates in a project.

(b) "Procurement" means the acquisition of goods, services, or both by the department in accordance with procurement guidelines established by the state of Michigan, department of management and budget, and the office of purchasing.

(d) "QAPP" means a quality assurance project plan, which provides a framework for how environmental data will be collected to achieve specific project objectives, and which describes the procedures that will be implemented to obtain data of known and adequate quality.

(e) "RAP" means a remedial action plan developed under the Great Lakes water quality agreement between Canada and the United States, as amended in 1987.

(f) "Request for proposals" or "RFP" means the process used by the department to solicit proposals for grant funding and the document issued in conjunction with the process.

(g) "Site" is a defined area of land that constitutes a viable management unit.

(h) "Site plan" is an overall view of the site and includes all of the following:

(i) The construction proposed.

(ii) The best management practices proposed.

(iii) Existing structures and natural features.

(i) "The surface water monitoring strategy" means the report entitled "A Strategic Environmental Quality Monitoring Program for Michigan's Surface Waters", (January 1997), as prepared by the department.

(j) "Surface waters of the state" means all of the following, but does not include drainageways and ponds used solely for wastewater conveyance, treatment, or control:

(i) The Great Lakes and their connecting waters.

(ii) All inland lakes.

(iii) Rivers.

(iv) Streams.

(v) Impoundments.

(vi) Open drains.

(vii) Other surface bodies of water within the confines of the state.

(k) "Surface water grant" means a grant to protect or improve surface waters of the state.

**History**
- *History: 2000 AACS.*

##### **Mich. Admin. Code R 324.8906** Definitions; U to Z {#sec-r-324.8906 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.8906}

Rule 6. As used in these rules:

(a) "USDA" means the United States department of agriculture.

(b) "US EPA" means the United States environmental protection agency.

(c) "Vendor" means the recipient of funds made available by the department through procurement (d) "Water quality standards" means the part 4 water quality standards developed under part 31 of 1994 PA 451, MCL 324.3101 to 324.3119.

(e) "Watershed" means a topographic area of land that drains to a common point, such as a lake, pond, river, or stream, including the surface waters within that topographic area.

(f) "Watershed management plan" means a water resource plan that sets forth management strategies for improving water quality or achieving water quality standards and designated uses in a watershed.

(g) "Wellhead protection area" means an area which has been approved by the department under the state of Michigan wellhead protection program, which represents the surface and subsurface area surrounding a water well or well field, which supplies a community public water supply, and through which contaminants are reasonably likely to move toward and reach the water well or well field within a 10-year time of travel or means a designated source water protection area surrounding a low-tritium public water supply well.

**History**
- *History: 2000 AACS.*

##### **Mich. Admin. Code R 324.8907** Clean water fund activities {#sec-r-324.8907 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.8907}

Rule 7. (1) The director may award grants in accordance with R 324.8909 and enter into contracts for any of the following activities:

(a) Implementing portions of the surface water monitoring strategy.

(b) Providing state match to establish and implement the conservation reserve enhancement program in Michigan.

(c) Implementing water quality protection or improvement activities in approved watershed management plans that are required under a NPDES wastewater discharge permit for stormwater discharges from separate stormwater drainage systems and that are not otherwise required by federal law.

(d) Implementing water quality protection or improvement recommendations in approved watershed management plans that place a strong emphasis on protecting high quality waters.

(e) Implementing recommendations in LaMPs and RAPs that will directly protect or improve water quality, other than the recommendations that involve remediation of contaminated sediments.

(f) Implementing programs to identify and require the correction of illicit connections to separate storm sewer systems.

(g) Implementing programs to do one or both of the following:

(i) Identifying failing on-site septic systems, determining the extent of failing on-site systems, and determining the impact of failing on-site systems on designated uses.

(ii) Implementing corrective measures in areas where failing on-site septic systems have been determined to be threatening or impairing designated uses.

(h) Locating and plugging abandoned wells within wellhead protection areas.

(2) The activity identified under subrule (1)(b) of this rule shall be carried out in accordance with R 324.8915.

(3) The department shall implement the activity identified under subrule (1)(g) of this rule in accordance with R 324.8918.

(4) The department shall implement the activities identified under subrule (1)(h) of this rule, locating and plugging abandoned wells within wellhead protection areas, by implementing R 324.8909(1), (2), (3), (4)(a), (b)(i and ii),(c) to (g), (j) and R 324.8910(a) to (b), and R 324.8911(7), R 324.8912, R 324.8916, and R 324.8917.

(5) Contracts shall be established with all recipients of money from the fund.

(6) The department shall not expend funds for removing inflow or infiltration from sanitary sewers.

**History**
- *History: 2000 AACS.*

##### **Mich. Admin. Code R 324.8908** Eligibility for funds {#sec-r-324.8908 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.8908}

Rule 8. (1) For-profit entities, local units of government, and nonprofit entities are eligible to be selected as vendors.

(2) Only local units of government and nonprofit entities are eligible for grants.

(3) In addition to the requirement of subrule (2) of this rule, an applicant shall meet all of the following requirements to be eligible for a grant:

(a) The applicant shall demonstrate the capability to carry out the proposed project.

(b) The applicant shall demonstrate that there is an identifiable source of funds for future maintenance and operation of the proposed project, if appropriate.

(c) The applicant shall have undergone a successful financial audit within the 24-month period immediately preceding the application for a grant.

(d) Within the 24 months immediately preceding the application for a grant, the applicant shall not have demonstrated an inability to either manage a grant or meet the obligations in a contract with the department.

(e) Within the 24-month period immediately preceding the application for the grant, the applicant shall not have had a grant from any program within the department revoked or terminated due to the applicant's inability to meet the terms or condition of a grant.

(4) In addition to the requirements of subrules (2) and (3) of this rule, to be eligible for a grant, the applicant shall meet the application requirements set forth in R 324.8909(4) by the deadline identified in the request for proposals. The department shall not accept applications postmarked or hand delivered later than the deadline in the request for proposals. Eligible applicants may submit more than 1 application.

(5) Community public water supplies owned by the state or federal government are not eligible for abandoned well management grant assistance.

**History**
- *History: 2000 AACS.*

##### **Mich. Admin. Code R 324.8909** Application and process for grants {#sec-r-324.8909 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.8909}

Rule 9. (1) The department shall issue a request for proposals each fiscal year in which clean water fund funding is available for grants.

(2) Requests for proposals shall include all of the following information:

(a) Instructions and forms needed by the applicant.

(b) The types of proposals being solicited.

(3) An applicant shall submit an application to the department in the format prescribed by the department and on forms provided by the department.

(4) Applications for grants shall include all of the following information:

(a) Information about the applicant, including all of the following information:

(i) The applicant's name, address, telephone number, and other pertinent information.

(ii) The qualifications of the applicant's key project staff.

(iii) A statement from a certified public accountant as to when an audit was last conducted, the scope and date of the audit, and a general statement as to the results of the audit.

(b) A description of the project, including all of the following information:

(i) The nature of the surface water quality concern to be addressed, the abandoned well management project to be conducted, or the monitoring activity to be undertaken.

(ii) The project goals and objectives.

(iii) For projects implementing a portion of an approved watershed management plan, all of the following information:

(A) A statement identifying the associated approved watershed management plan.

(B) A statement verifying that the plan is current.

(d) A work plan that includes all of the following information:

(i) Tasks to be completed.

(ii) The entity or individual responsible for completing each task.

(iii) A timetable of significant milestones and deliverables.

(e) Identification of any information and education activities.

(f) Budget information, including all of the following information:

(i) Anticipated expenditures.

(ii) Local match and the sources of match.

(iii) The amount of the grant being applied for.

(g) A statement that the proposed project is in compliance with state laws and rules or will result in compliance with state laws and rules.

(h) A statement verifying that all monitoring activities to be undertaken will be carried out in accordance with R 324.8914.

(i) A description of the steps to be taken to assure the long-term sustainability of the project, where appropriate, including both of the following:

(i) Steps to institutionalize the best management practices implemented in the project.

(ii) Commitments by appropriate entities or individuals to maintain the best management practices and the period of time over which the commitments are applicable.

(j) An 8½ inch by 11 inch project location map.

(k) In addition, applicants for abandoned well management grants under R 324.8907(1)(h), shall provide all of the following:

(i) A list of members of an abandoned well management team.

(ii) Verification that a representative of the county or district health department was requested by the applicant to participate in the abandoned well management team.

(iii) A description of the methods to be used to identify the owners of abandoned or temporarily abandoned wells.

(iv) A description of the methods to be used to locate abandoned wells, including identification of the persons responsible for conducting the abandoned well search activity.

(v) A description of the methods to be used to administer the abandoned well plugging activity.

(l) Applicants for abandoned well management grants under R 324.8907(1)(h) are exempt from subdivisions (h) to (i) and (m) to (q) of this subrule.

(m) For applications that propose to implement projects under R 324.8907(1)(c) to (e), an evaluation component that describes how success in achieving the goals and objectives will be determined.

(n) For applications that propose to implement structural best management practices under R 324.8907(1)(c) to (e), on sites where site plans have been developed, an applicant shall submit all of the following unless the applicant demonstrates, in writing, that the following do not apply:

(i) Engineered plans.

(ii) The basis of design.

(iii) A statement indicating the specifications that were used.

(iv) A statement verifying that all applicable permits will be obtained before implementation.

(v) A maintenance plan.

(o) For applications that propose to implement structural best management practices under R 324.8907(1)(c) to (e), on sites where site plans have not been developed, an applicant shall submit both of the following:

(i) An 8½ inch by 11 inch conceptual site plan showing the location of natural features and the proposed best management practices.

(ii) A statement indicating that final plans consistent with subdivision (n) of this subrule will be submitted to the department and approved by the department before construction. The department shall incorporate the commitment into the project contract.

(p) Plans and specifications submitted shall bear 1 or more seals of a registered professional engineer or registered landscape architect or equivalent as appropriate for the proposed project and approved by the department.

(q) The department reserves the right to review, require modification of, and approve all site plans submitted for grant funding.

**History**
- *History: 2000 AACS.*

##### **Mich. Admin. Code R 324.8910** Project selection {#sec-r-324.8910 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.8910}

Rule 10. In selecting projects for grants awarded through a request for proposals process, the department shall consider all of the following as they relate to a project:

(a) The anticipated benefits of the project in relation to the costs.

(b) The ability of the applicant and the partners to carry out the project.

(c) A commitment on the part of the applicant to conduct an evaluation of the effectiveness of the project, including a commitment to document improvements in water quality or the reduction of pollutant loads, and document the success of proactive efforts such as pollution prevention controls and information and education activities.

(d) The expectation for long-term water quality improvement.

(e) The expectation for long-term protection of high quality waters.

(f) The consistency of the project with remedial action plans and other regional water quality or watershed management plans approved by the department.

(g) Waters that do not attain applicable water quality standards, or waters that presently attain water quality standards but are threatened, respectively, as identified in the publication "Clean Water Act Section 303(d) List Michigan Submittal for 1998," revised annually by the department, as directed by Public Law 92-500, as amended, 33 U.S.C. 1251 et seq.

(h) Commitments for financial and technical assistance from the partners in the project.

(i) Financial and other resource contributions by project participants in excess of that required in section 8802(4) of 1994 PA 451, MCL 324.8802(4).

(j) The commitment by the applicant and partners to institutionalize and enforce practices, using tools such as ordinances, to ensure water quality improves or is protected after the project ends.

(k) The length of time the applicant and partners have committed to maintain any structural best management practices.

(l) Whether the project provides benefits to sources of drinking water.

(m) Other information the department considers relevant.

**History**
- *History: 2000 AACS.*

##### **Mich. Admin. Code R 324.8911** Grant reporting and reimbursement {#sec-r-324.8911 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.8911}

Rule 11. (1) During the period of the grant, surface water grantees shall submit status reports to the department at a frequency consistent with their contract and in a format specified by the department. A status report shall include all of the following information, as appropriate:

(a) A narrative description of the progress, including all of the following information:

(i) The project name, the grantee name, and the reporting period.

(ii) The value of the match earned during the reporting period.

(iii) The accomplishments achieved during the reporting period for each task in the work plan.

(iv) Other accomplishments not anticipated in the work plan.

(v) Products generated during the reporting period.

(vi) Barriers to progress that have caused delays.

(vii) Activities scheduled for the next reporting period.

(viii) In addition, for grantees implementing an abandoned well management grant under R 324.8907(1)(h), both of the following shall be submitted:

(A) A listing of locations of each abandoned well that was plugged during the reporting period.

(B) Copies of abandoned well plugging records.

(b) A financial status report in a format consistent with the form provided by the department.

(c) A summary of the environmental benefits of the project, including pollutant reduction information and the number and types of best management practices implemented.

(d) Other appropriate information requested by the department in the grant or contract.

(2) The department shall make reimbursement of expenditures incurred during the reporting period upon approval of the status report.

(3) A grantee shall submit a final project report. A grantee shall ensure that the final project report is consistent with the format provided by the department and includes all of the following information, as appropriate:

(a) A brief narrative description of the project, including all of the following information, as appropriate:

(i) The project name and the grantee name.

(ii) The project goals and objectives.

(iii) An analysis of the extent to which the project achieved the goals and objectives.

(iv) A description of environmental benefits of the project, including all of the following:

(A) The number and types of best management practices implemented.

(B) Pollutant reduction information.

(v) A list of partners in the project and their contributions.

(vi) A list of products resulting from the project.

(vi) A summary of the water quality data collected.

(viii) An analysis of which portions of the project were successful, which were not successful, and the barriers to success.

(b) A financial report in a format consistent with the form provided by the department.

(c) In addition, recipients of grants to implement the surface water monitoring strategy under R 324.8907(1)(a) shall submit a compilation of data collected.

(d) In addition, recipients of abandoned well management grants under R 324.8907(1)(h), shall submit both of the following:

(i) The number and location of all abandoned wells and temporarily abandoned wells located during the project.

(ii) A list of locations of all oil, gas, and mineral wells identified during grant-eligible search activities.

(e) Other appropriate information requested by the department in the grant or contract.

(4) For grantees implementing structural best management practices, the department may conduct site inspections to ensure consistency with the approved plan.

(5) The department may withhold from reimbursement an amount up to 10% of the grant until the grantee's final project report has been received and approved, and the financial records on file with the department have been audited by the department and any issues resolved. If the department does not receive an approvable final project report within 12 months of the end of the project contract, then the grantee is in default of the contract and forfeits claim to the unpaid balance of the grant. The recovered funds are available only for commitment to future grants awarded under these rules.

(6) All grants may be subject to a postaudit.

(8) If the grantee satisfies the match requirement with a commitment to maintain the practices as allowed in R 324.8912(3), then the grantee's contract shall include a maintenance plan describing the maintenance activities that will be accomplished and a schedule for each activity. As part of the contract, the grantee shall submit, in a format prescribed by the department, a report consistent with the maintenance schedule identified in the maintenance plan. The plan shall describe the maintenance activities that will be accomplished and include a schedule for each activity.

**History**
- *History: 2000 AACS.*

##### **Mich. Admin. Code R 324.8912** Match requirements for grants {#sec-r-324.8912 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.8912}

Rule 12. (1) A grantee shall contribute match funds according to the following:

(a) A grantee who receives grant funds under any of the following activities shall contribute not less than 25% of the project's total cost as match:

(i) R 324.8907(1)(a), implementing portions of the surface water monitoring strategy.

(ii) R 324.8907(1)(d), implementing water quality protection or improvement recommendations in approved watershed management plans that place a strong emphasis on protecting high quality waters.

(iii) R 324.8907(1)(e), implementing recommendations in LaMPs and RAPs that will directly protect or improve water quality, other than the recommendations that involve remediation of contaminated sediments.

(iv) R 324.8907(1)(f), implementing programs to identify and require the correction of illicit connections to separate storm sewer systems.

(v) R 324.8907(1)(g)(i), identifying failing septic systems, determining the extent of failing on-site systems, and determining the impact of failing on-site systems on designated uses.

(vi) R 324.8907(1)(h), locating and plugging abandoned wells within wellhead protection areas.

(b) A grantee who receives funding under R 324.8907(1)(c), implementing water quality protection or improvement activities in approved watershed management plans that are required under a NPDES wastewater discharge permit for stormwater discharges from separate stormwater drainage systems and that are not otherwise required by law, shall contribute not less than 50% of the project's total cost as match.

(c) A grantee who receives funding under R 324.8907(g)(ii), implementing corrective measures in areas where failing on-site septic systems have been determined to be threatening or impairing designated uses, shall contribute 66% of the project's total cost as match.

(2) The department may accept in-kind services to provide all or a portion of the required match.

(3) For all grants except those awarded under R 324.8907(1)(g)and (h), the department may accept as the match requirement a commitment, under terms acceptable to the department, that provides for the maintenance of the project or practices funded by the grant.

(a) The commitment shall be incorporated into the contract between the grantee and the department.

(b) Any maintenance contracts between the grantee and a third party shall be subject to approval by the department.

(c) The maintenance of the project or the practices shall be for a minimum of 20 years after the completion of the project.

(d) If the grantee fails to comply with the maintenance terms of the contract throughout the 20-year period, then the department may seek reimbursement of funds equivalent to a proportional amount of the grant funding for which the defaulted maintenance activities were to be provided as match, plus interest in an amount not to exceed 0.75% per month from the date on which the department requests repayment. Funds recovered under this subrule shall be available only for commitment to future contracts awarded under these rules.

(4) A grantee implementing an abandoned well management grant underR 324.8907(1)(h) shall provide documentation of a local match to the grant assistance through 1 or more of the following:

(a) Identification of an item within a local budget dedicated to conducting abandoned well, temporarily abandoned well, or active well management activities in an amount not less than the local match. Activities acceptable as match may include any of the following:

(i) Implementation of ordinances that reduce or eliminate the creation of unplugged abandoned wells by any of the following:

(A) Promoting the plugging of abandoned wells when community public water service is provided.

(B) Requiring the plugging of abandoned wells before demolition of buildings.

(D) Other similar strategies.

(ii) Implementation of partnership agreements between townships, municipalities, villages, or local agencies for the purpose of abandoned well management.

(iii) Mapping the locations of active wells within a wellhead protection area using global positioning system/geographic information system technology.

(iv) Creation of geographic information system databases and the purchase of computer software to track the status of active wells inside wellhead protection areas.

(v) Grant-eligible activities defined in R 324.8916.

(b) A written agreement committing the applicant to an expenditure of funds in an amount not less than the local match.

(c) Evidence of previous local expenditures on abandoned well, temporarily abandoned well, and active well management and plugging activities within a wellhead protection area under 1978 PA 368, MCL 333.12701 et seq., that were completed after October 1, 1998.

(d) A combination of any of the items specified in subdivisions (a) to (c) of this subrule.

**History**
- *History: 2000 AACS.*

##### **Mich. Admin. Code R 324.8913** Approvable watershed management plans {#sec-r-324.8913 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.8913}

Rule 13. (1) A local unit of government or a nonprofit entity may submit a watershed management plan to the department for approval under these rules.

(2) A watershed plan submitted to the department for approval under this rule shall be detailed, current, and identify all of the following:

(a) The geographic scope of the watershed.

(b) The designated uses and desired uses of the watershed.

(d) The causes of the impairments or threats, including pollutants.

(e) A clear statement of the water quality improvement or protection goals of the watershed plan.

(f) The sources of the pollutants causing the impairments or threats of impairments.

(g) The sources of the pollutants that are critical to control in order to meet water quality standards or other water quality goals.

(h) The tasks and their estimated costs that need to be completed to prevent or control the critical sources of pollution or address causes of impairment, including, as appropriate, all of the following:

(i) The best management practices needed.

(ii)Revisions needed or proposed to local zoning ordinances and other land use management tools.

(iii) Informational and educational activities needed.

(iv) Activities needed to institutionalize watershed protection.

(i) A summary of the public participation process, including the opportunity for public comment during watershed plan development and the partners that were involved in the development of the watershed plan.

(j) The estimated periods of time needed to complete each task and the proposed sequence of task completion.

(k) A description of the process that will be used to evaluate the effectiveness of implementing the plan and achieving its goals.

(3) The department shall accept and review watershed plans submitted for approval under this rule any time throughout the year.

(4) The department shall have 90 days to take action on watershed plans submitted for approval. Taking action may include approving, rejecting, or commenting.

**History**
- *History: 2000 AACS.*

##### **Mich. Admin. Code R 324.8914** Quality assurance for monitoring activities {#sec-r-324.8914 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.8914}

Rule 14. (1) Before carrying out any monitoring activities, the grantee or vendor shall submit a QAPP for departmental approval.

(2) The QAPP shall address applicable objectives for environmental data accuracy, precision, completeness, representativeness, and comparability through coverage of the following elements, depending upon the monitoring activity or activities to be carried out:

(a) A description of the elements that make up the project and the person or persons responsible for carrying out the project.

(b) Quality assurance objectives for measurement data.

(d) Sample custody procedures.

(e) Equipment calibration procedures and frequency.

(f) Analytical procedures.

(g) Internal quality control checks.

(h) Data reduction, validation, and reporting.

(i) Performance and systems audits to verify adherence to quality assurance/quality control programs.

(j) Preventive maintenance on equipment and instrumentation.

(k) Data quality assessment.

(l) Corrective action for analytical and field equipment problems and quality assurance/quality control noncompliance problems.

(3) The grantee or vendor shall carry out monitoring activities in accordance with procedures outlined in 40 C.F.R. Section 136 (1998), or in accordance with other procedures approved by the department.

**History**
- *History: 2000 AACS.*

##### **Mich. Admin. Code R 324.8915** Conservation reserve enhancement program {#sec-r-324.8915 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.8915}

Rule 15. (1) The department of environmental quality shall not use more than $5,000,000.00 from the fund to provide state contribution for the establishment and implementation of the conservation reserve enhancement program.

(2) Money from the fund can be used for any of the following:

(a) Establishment of riparian buffer strips.

(b) Filter strips.

(d) Grassed waterways.

(e) Wetland restoration.

(f) Wetland creation.

(g) Other eligible practices related to water quality improvement specified in the conservation reserve enhancement program. Fund money shall be used for onetime payment for voluntary permanent easements for the eligible practices. The department of environmental quality shall not use funds for rental incentive payments or for easements other than permanent easements.

(3) The department of environmental quality may enter into a memorandum of understanding with another state agency to provide the state contribution to the conservation reserve enhancement program.

(4) For the practices and activities identified in subrule (2)of this rule, the department of environmental quality and state agencies with whom the department enters into memorandums of understanding may provide direct payments to any of the following:

(a) Landowners who enroll in the conservation reserve enhancement program.

(b) Holders of the permanent easements.

**History**
- *History: 2000 AACS; 2001 AACS.*

##### **Mich. Admin. Code R 324.8916** Activities eligible for abandoned well management grants {#sec-r-324.8916 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.8916}

Rule 16. (1) The following abandoned well management activities are eligible for funding:

(a) Preparation of proposals, narratives, financial statements, and reports related to abandoned well management, as requested by the department.

(b) Conducting the following activities within wellhead protection areas:

(i) Identification of well and property owners.

(ii) On-site surveys, inspections, or other activities for finding abandoned wells.

(iii) A search for, and review of, records to identify abandoned well locations.

(iv) Creation of databases and the purchase of computer software to track the status of abandoned wells.

(v) The purchase or rental of magnetometers, metal detectors, or other appropriate geophysical instrumentation, and the excavation costs associated with locating buried abandoned wells.

(vi) The mapping of abandoned well locations, at a cost not to exceed 5% of the total grant amount.

(vii) Plugging of abandoned wells by water well drilling contractors registered under section 12704 of 1978 PA 368, MCL 333.12704.

(A) Where groundwater contamination problems have been identified inside the wellhead protection area priority shall be given to plugging abandoned wells in the area of known contamination.

(viii) Well plugging verification activities.

(2) The following community public waterline extension activities conducted within wellhead protection areas are eligible for funding:

(a) Identification of abandoned wells at structures where water service connection has been made.

(b) Plugging wells that have been taken out of service when new public water service connections are made.

(c) Wells that are required to be plugged under parts 201, 211, 213, or 615 of this act are not eligible for funding under this part.

(3) The applicant shall focus eligible public education and outreach activities on promoting wellhead protection concepts and the importance of plugging abandoned wells. Eligible activities include the following:

(a) Development and dissemination of brochures, pamphlets, billing statement attachments, news releases, videos, or similar materials through newspapers, radio, television, or other public communication media acceptable to the department.

**History**
- *History: 2000 AACS.*

##### **Mich. Admin. Code R 324.8917** Abandoned well management grants {#sec-r-324.8917 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.8917}

Rule 17. (1) Each grant applicant is eligible for the following grant assistance to conduct activities within wellhead protection areas:

(a) Not more than the following amounts for conducting record searches and site surveys to locate abandoned or temporarily abandoned wells, conducting public outreach, and other related administrative activities approved by the department:

(i) $4,500 for the first square mile of wellhead protection area.

(ii) $2,500 for each additional square mile of wellhead protection area.

(b) Not more than the following amounts for plugging abandoned wells:

(i) A standard rate of $400 per well identified during the search activities.

(ii) Plugging costs that exceed $400 per well, if an itemized job estimate from 3 registered water well drilling contractors is provided, and if the amount is approved in writing by the department.

(iii) After locating abandoned wells in a wellhead protection area, to be eligible to receive grant assistance for plugging the identified abandoned wells, the grant applicant shall submit a listing of abandoned well locations to the department.

(2) A grant applicant shall not receive more than $100,000 for plugging abandoned wells in one fiscal year.

(3) A grantee that has received wellhead protection grant assistance authorized in section 12816 of 1976 PA 399, MCL 325.12816, shall not obtain funds under part 88 of 1994 PA 451, MCL 324.8808 et seq., for the same well location activity.

(4) The department shall annually assess grant amounts defined in R 324.8917 and shall increase the amounts by applying a percentage adjustment using the Detroit consumer price index.

**History**
- *History: 2000 AACS.*

##### **Mich. Admin. Code R 324.8918** On-site septic systems grants {#sec-r-324.8918 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.8918}

(1) Corrective measures eligible for funding under R 324.8907(1)(g)(ii) include regional treatment alternatives or community treatment systems that provide adequate long-term protection of water quality.

(2) The department shall not award grants under R 324.8907(1)(g)(ii) to install individual septic systems.

(3) The department shall not award grants under R 324.8907(1)(g)(ii) to install conventional septic tank systems.

(4) All applications for projects under R 324.8907(1)(g)(ii) shall include verification that failing on-site septic systems are threatening or impairing designated uses.

(5) Grants awarded for projects under R 324.8907(1)(g)(i) shall not be more than $25,000.

(6) Grants awarded for projects under R 324.8907(1)(g)(ii) shall not be more than $1 million.

(7) The department shall give priority in awarding grants under R 324.8907(1)(g) to projects that provide alternatives to failed septic systems in small rural communities.

**History**
- *History: 2000 AACS.*

##### **Mich. Admin. Code R 324.8919** Availability of documents {#sec-r-324.8919 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.8919}

Rule 19. The following documents are available for inspection electronically, and a single copy may be obtained at no cost, at the Lansing office of the department of environmental quality, P.O. Box 30273, Lansing, Michigan 48909-7773:

(a) "A Strategic Environmental Quality Monitoring Program for Michigan's Surface Waters," January 1997.

(b) "Michigan Natural Rivers Program, Designated Rivers and Tributaries."

(d) "Coldwater Lakes of Michigan," August 1976.

(e) "Designated Trout Lakes and Regulations," September 10, 1998.

(f) "Designated Trout Streams for the state of Michigan," January 8, 1997.

(g) "Clean Water Act Section 303(d) List, Michigan Submittal for 1998, revised May 1998."

**History**
- *History: 2000 AACS.*

##### **Mich. Admin. Code R 324.8920** Adoption of standards by reference {#sec-r-324.8920 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.8920}

Rule 20. The following standards are adopted by reference in these rules and are available for inspection electronically, and at the Lansing office of the department of environmental quality, where they may be obtained as indicated:

(a) "Guidelines for Establishing Test Procedures for Analysis of Pollutants," 40 C.F.R.

section 136 (1998). Copies may be obtained from the Department of Environmental Quality, P.O. Box 30273, Lansing, Michigan 48909-7773, at a cost, as of the time of adoption of these rules of 5 cents per page at a labor rate of $18.10 per hour, or from the Superintendent of Documents, Government Printing Office, Washington, DC 20402, at a cost as of the time of adoption of these rules of $41.00.

**History**
- *History: 2000 AACS.*

## **Materials Management Division** Materials Management Division

### **R 324.14501 to R 324.14508** Small Business Pollution Prevention Assistance Loan Fund

##### **Mich. Admin. Code R 324.14501** Definitions {#sec-r-324.14501 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.14501}

DEPARTMENT OF ENVIRONMENTAL QUALITY

OFFICE OF ENVIRONMENTAL ASSISTANCE

SMALL BUSINESS POLLUTION PREVENTION ASSISTANCE LOAN FUND

(By authority conferred on the director of the department of environmental quality by section 14514 of 1994 PA 451, MCL 324.14514, Executive Reorganization Order No. 1995-16, MCL 324.99903, Executive Reorganization Order No. 2009-31, MCL 324.99919, and Executive Reorganization Order No. 2011-1, MCL 324.99921.)

Rule 1. As used in these rules:

(a) "Applicant" means a business that applies for a small business pollution prevention loan.

(b) "Department" means the department of environmental quality.

(d) "Eligible pollution prevention project" means a pollution prevention project that meets the criteria in these rules.

(e) "Energy usage" means the use of nonrenewable resources to support business operations, including electricity, water, and natural gas.

(f) "Fixed asset" means a permanent asset that is not consumed or converted into cash or its equivalent during a 12-month period.

(g) "Fund," as defined in part 145 of 1994 PA 451, MCL 324.14513 et seq., means the small business pollution prevention assistance revolving loan fund.

(h) "Lender agreement" means a binding agreement between a lending institution and the department that sets forth the terms and conditions for a lending institution to make loans and otherwise participate in the small business pollution prevention loan program.

(i) "Lending institution" means a bank, out-of-state bank, or national bank, foreign bank branch, association, savings bank, or credit union organized under the laws of this state, another state, the District of Columbia, the United States, or a territory or protectorate of the United States that has entered into a lender agreement with the department.

(j) "Loan agreement" means a written contract or agreement between a lending institution and a loan recipient that describes the terms of the small business pollution prevention loan.

(k) "Loan recipient" means a small business that has been approved for and issued a small business pollution prevention loan.

(l)"RETAP audit" means a pollution prevention assessment conducted by engineers, scientists, and other qualified professionals participating in the retired engineer technical assistance program established under part 145 of 1994 PA 451, MCL 324.14501 et seq.

(m)"Small business pollution prevention loan" means a low-interest loan to a small business to finance an eligible pollution prevention project as provided for under these rules and part 145 of 1994 PA 451, MCL 324.14513 et seq.

(n)"Small business pollution prevention loan program" means the program the department administers to provide small business pollution prevention loans under these rules.

(o) “Supplemental agreement” means a binding agreement between an applicant and the department that sets forth the terms and conditions for the applicant to receive funds and otherwise participate in the small business pollution prevention loan program.

(p) Terms used in these rules have the same meaning as those defined and used in part 145 of 1994 PA 451.

**History**
- *History: 1998-2000 AACS; 2013 AACS.*

##### **Mich. Admin. Code R 324.14502** Purpose {#sec-r-324.14502 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.14502}

Rule 2. The purpose of these rules is to establish requirements for participation in the Michigan small business pollution prevention loan program, including applicability, eligibility, binding agreements, obligations, and procedures.

**History**
- *History: 1998-2000 AACS.*

##### **Mich. Admin. Code R 324.14503** Applicant eligibility {#sec-r-324.14503 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.14503}

Rule 3. (1)An applicant for a small business pollution prevention loan must meet all of the following requirements:

(a) Qualify as a small business as defined in MCL 324.14501(j).

(b)Apply for a small business pollution prevention loan in coordination witha lending institution under these rules.

(c) Propose to utilize the small business pollution prevention loan to undertake an eligible pollution prevention project in Michigan.

(d) Commence the proposed pollution prevention project within 180 days of receipt of a loan.

(e) Not have received a loan as described in these rules within the prior 3-year period.

(2) To be eligible for a loan from the fund for a qualified agricultural energy production system, an applicant shall also meet requirements in MCL 324.14513(5).

**History**
- *History: 1998-2000 AACS; 2013 AACS.*

##### **Mich. Admin. Code R 324.14504** Eligible pollution prevention project {#sec-r-324.14504 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.14504}

Rule 4. (1) An eligible pollution prevention project shall directly result in the reduction or elimination of environmental waste generated, energy used or water, or hazards to public health associated with environmental waste at the small business and shall be 1 or more of the following:

(a) A pollution prevention recommendation made in a RETAP audit.

(b) A pollution prevention expenditure at the small business, including an expenditure for any of the following:

(i) Equipment or technology modifications.

(ii) Process or procedure modifications.

(iii) Reformulation, reclamation, or redesign of products.

(iv) Substitution of raw materials.

(v) Improvements in housekeeping, maintenance, or inventory control.

(vi) Pollution prevention training of employees.

(vii) On-site energyconservation studies or specifications.

(viii) On-site energy efficiency projects.

(ix) On-site water conservation projects.

(x) Qualified agricultural energy production systems.

(2) The following projects or expenditures are not eligible pollution prevention projects:

(a) Costs incurred before the effective date of the loan agreement.

(b) Refinancing pre-existing obligations or debt.

(d) Financing salaries, wages, benefits, travel, or operating costs other than those listed in subrule (1)(b) of this rule of the applicant business.

(e) Taxes, attorney fees, permits or licenses, or land acquisition.

(f) Projects or expenditures designedto increase process output or production.

**History**
- *History: 1998-2000 AACS; 2013 AACS.*

##### **Mich. Admin. Code R 324.14505** Loan application process {#sec-r-324.14505 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.14505}

Rule 5. (1) A small business shall file an application for a small business pollution prevention loan on an application form provided by the department.

(2) The application shall include all of the following information:

(a) Applicant and lending institution contact information.

(b) A description of the pollution prevention project, which provides sufficient detail to properly evaluate the proposed project and determine whether it meets the criteria of R 324.14504.

(d) A project implementationschedule.

(e) The small business pollution prevention loan amount.

(f)Certification that all necessary construction permits and operating licenses have been obtained, or will be obtained, underapplicable laws and regulations.

(3) The lending institution or applicantshall submit the completed loan application and supporting documentation to the department for approval. At a minimum, supporting documentation shall include all of the following:

(a) Written cost estimate(s) for all project costs.

(b) A loan commitment letter from the lending institution including the following information:

(i) A commitment to participate in the small business pollution prevention loan program with the department.

(ii) The lending institution’s federal tax identification number.

(iii) The conclusion that the loan recipient can service the debt of the full loan amount requested.

(iv) A description of the loan term, interest rate on the lending institution loan portion, and the collateral to be taken as security for the loan.

(4)A lending institution shall not award a small business pollution prevention loan until it receives a notice from the department that the project described in the application is an eligible pollution prevention project.

(5)A lending institution shall execute a small business pollution prevention loan under terms in the loan agreement and the lender agreement.

(6) The applicant shall execute a small business pollution prevention loan under terms in the loan agreement and the supplemental agreement.

**History**
- *History: 1998-2000 AACS; 2013 AACS.*

##### **Mich. Admin. Code R 324.14506** Lending institution responsibilities {#sec-r-324.14506 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.14506}

Rule 6. (1) A lending institution shall enter into a lender agreement with the department.

(2) A lender agreement shall provide for all of the following:

(a) A lending institution may make a small business pollution prevention loan to a loan recipient with participation from the fund not to exceed the amount specified in MCL 324.14513(6).

(b) The total amount of the loan shall be shared equally by the lending institution and the fund, unless the director increases the fund's share of the loan to ensurethat the fund's interest rate of return is not less than 0%.

(c) The lending institution shall notify the department of the effective interest rate being assessed to the applicant, including the interest rate assessed as part of the fund's share and the interest rate assessed as part of the lending institution's share.

(d) The effective interest rate that the loan recipient pays on the full amount of the loan under the loan agreement shall not exceed 5%.

(e) The lending institution shall provide an executed copy of the loan agreement to the department.

(f) Only appropriate and reasonable costs or fees associated with processing the loan are eligible for reimbursement as part of the loan.

(g) The lending institution will remit principal and interest payments not less frequently than on a quarterly basis to the fund until the loan is repaid in full.

(h) The lending institution will pursue the collection of all defaulted loans until brought current, collected in full, reduced to a judgment, or settled with the concurrence of the department.

(i) The lending institution will consider loan recipients who fail to complete the project to be in default of the loan. This provision shall be included in all loan agreements.

**History**
- *History: 1998-2000 AACS; 2013 AACS.*

##### **Mich. Admin. Code R 324.14507** Small business loan recipient responsibilities {#sec-r-324.14507 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.14507}

Rule 7. (1) In addition to any financial provisions required by the lending institution, within 90 days of the project eligibility determination, the small business loan recipient shall enter into a supplemental agreement with the department.

(2) A supplemental agreement shall provide for all of the following:

(a) Initiate work on the pollution prevention project within 180 days of signing the loan documents or supplemental agreement.

(b) Secure qualified personnel or contractors, or both, to complete the pollution prevention activities specified in the loan application.

(d) Within 90 days of project completion, submit to the department a final report upon project completion describing the pollution prevention benefits attained, including a demonstration of the expected reduction in environmental waste, water, or energy usage.

(e) Obtain written department approval of any amendments to the proposed project, before making the change.

(f) Maintain project records and documentation under generally accepted accounting principles and practices for a minimum of 3 years after the project is completed.

(g) Maintain all of the following documentation at the loan recipient's business:

(i) Copies of invoices and evidence of payment of invoiced expenditures.

(ii) Information pertinent to the project implementation as agreed to in the loan application.

(iii) Evidence that the project was implemented in compliance with applicable rules and regulations.

(h) Upon completion, operate the project for pollution prevention purposes and in accordance with applicable environmental laws and regulations.

(3) Upon reasonable notice, the department or its duly authorized representatives shall have access to examine the pollution prevention project and the records or documents maintained by the small business under these rules.

**History**
- *History: 1998-2000 AACS; 2013 AACS.*

##### **Mich. Admin. Code R 324.14508** Project review; approval process; other actions {#sec-r-324.14508 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 324.14508}

Rule 8. (1) The department shall process loan applications on an as-received basis.

(2) The department shall determine whether the application and supporting documentation meet the requirements of these rules within 30 days of receipt of a complete application.

(3) The department shall notify the lending institution and the applicant, in writing, within 14 days of making its determination.

(4) A loan recipient shall not proceed with the pollution prevention project until the recipient is notified in writing by the lending institution to proceed.

(5) The department's determination of project eligibility is valid for 90 days from the date of notification.

(6) The lending institution or the loan recipient shall promptly notify the department, in writing, of any substantive change to an eligible pollution prevention project before expenditure or encumbrance of any loan funds.

(7) The department will remit payment for its share of the loan from the fund to the lending institution within 30 days from the date of receipt of the executed loan agreement.

(8) In the case of an ineligibility determination, the department shall provide the applicant with written notice of the reason for the determination. There is no formal appeal of the department's loan decision.

(9) Subject to the provisions of R 324.14503(1)(e), a small business can reapply for a loan at any time.

(10) If the department or the lending institution determines that a loan recipient has defaulted on any agreements signed or obligations pursuant to this part, in addition to the actions specified in the lender and supplemental agreements, the department may take any legal actions available to remedy the default.

**History**
- *History: 1998-2000 AACS; 2013 AACS.*

## **Drinking Water and Environmental Health Division** Drinking Water and Environmental Health Division

### **R 325.421 to R 325.426** Outhouses

##### **Mich. Admin. Code R 325.421** Principles {#sec-r-325.421 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.421}

DEPARTMENT OF ENVIRONMENTAL QUALITY

DIVISION OF WATER AND RADIOLOGICAL PROTECTION

OUTHOUSES

(By authority of Act No. 273 of the Public Acts of 1939, being §325.271 of the Michigan Compiled Laws)

Rule 1. All "outhouses," buildings or other structures which are not connected with a sewerage system or with a properly installed and operated sewage disposal system, and which are used for the reception, disposition or storage, either temporarily or permanently, of feces or other excreta from the human body, shall be constructed and maintained in such manner as to conform at all times to the following:

(a) The receptacle for receiving and storing fecal matter shall be fly-tight and constructed in such manner and of such material as to afford reasonable assurance of remaining flytight under ordinary conditions of usage.

(b) The receptacle shall be so located as to prevent the pollution of private and public water supplies, lakes or streams; the overflow of the contents to the surrounding ground; and the flow of surface water into the receptacle. The receptacle should be convenient and accessible to use.

(c) The receptacle shall be constructed of such material and in such manner as to prevent rapid deterioration, to provide adequate capacity, and to facilitate maintenance in a satisfactory manner under ordinary conditions of usage.

(d) The outhouse receptacle should be vented so as to provide a continuous escape of odors through a screened vent.

(e) The outhouse shall be so maintained as to fulfill the foregoing principles at all times.

**History**
- *History: 1944 AC; 1954 AC; 1979 AC.*

##### **Mich. Admin. Code R 325.422** Minimum standards for earth-pit outhouses {#sec-r-325.422 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.422}

Rule 2. (1) The pit should be located 100 feet or more from any well or other source of water supply and upon ground sloping away from the water supply, and should never be located less than 50 feet therefrom, unless upon special approval of the commissioner of the Michigan department of health; provided, however, that no pit shall be located within 200 feet of any source of groundwater used for a municipal water supply. No pit shall be located less than 2 feet from any lot or alley line or less than 25 feet from any lake or stream. In areas underlaid by limestone, or where fissured rock formations are common, or whenever groundwater is encountered in the construction of the pit, approval of the construction and location of the pit based upon special investigation of the conditions must be obtained from the commissioner of the Michigan department of health.

(2) The pit shall have a capacity of not less than 50 cubic feet per seat and be not less than 4 1/2 feet or more than 6 feet deep, measured from the original ground surface. Where rock formations or groundwater are encountered at shallower depths, a mound may be constructed to permit a pit of sufficient depth.

(3) Sills shall be provided to form the support for the outhouse building. Pit curbings shall extend to the full depth of the pit unless in rock formation, in which case the lower section of the curbing may be omitted. The curbing should not support the building or the sills.

(4) Pit mounds shall be of well-tamped earth installed in thin layers, shall extend outward on the level for a distance of not less than 18 inches in all directions from the sills, and thence outward to meet the surrounding ground surface with a slope not greater than 1 vertical to 3 horizontal. Mounds should be covered with sod or otherwise protected against erosion.

(5) The floor and seat riser shall be built of impervious material or tongue and groove lumber, and in a manner to exclude insects. The seat riser shall be so constructed and bonded with the floor as to prevent seepage through the riser onto the floor.

(6) The seat opening shall be covered with a hinged lid.

(7) The pit should be ventilated from the riser to a point outside the building by a flue or vent having a cross-sectional area of not less than 12 square inches. The joints shall be tight and the opening screened with 16 mesh screening, preferably of copper.

**History**
- *History: 1944 AC; 1944 ACS 7; 1954 AC; 1979 AC.*

##### **Mich. Admin. Code R 325.423** Minimum standards for septic tank privy or septic toilet {#sec-r-325.423 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.423}

Rule 3. (1) The tank should be located at least 50 feet from any well or other source of groundwater supply and upon ground sloping away from the water supply. No tank shall be located less than 2 feet from any lot or alley line or less than 25 feet from any lake or stream.

(2) The tank shall be constructed of an impervious material and be watertight. The depth below the outlet pipe shall be not less than 30 inches. When constructed of concrete the side walls, top and bottom shall be of a mixture and thickness which will insure a dense, watertight structure. Sufficient reinforcement shall be used to prevent cracking. When constructed of metal, Armco ingot iron or other rust-resisting material not less than 12 gauge shall be used. All metal surfaces inside and outside shall be thoroughly coated with a good quality asphalt base material. All tanks shall be provided with an outside opening, not less than 12 inches in diameter, fitted with a tight cover, to permit inspection and cleaning. The outlet of all tanks shall be so constructed as to prevent solid material passing into the discharge pipe. Tanks should be filled with water before being put into operation and after each cleaning.

(3) A drop tube, securely fastened to the toilet bowl and to the tank, shall extend into the tank but not more than 2 inches below the water line. A vitreous china toilet bowl with seat and seat cover securely hinged should be used.

(4) A ventilating pipe connected to the bowl and extending above all parts of the building shall be installed.

(5) Cast-iron soil pipe shall be leaded or bonded to the tank and extend not less than 10 feet from the building where it may be connected to the disposal tile. Disposal tile should be laid so that a 12-inch earth cover is provided. Under no condition shall the tile line be laid below the groundwater level.

**History**
- *History: 1944 AC; 1944 ACS 7; 1954 AC; 1979 AC.*

##### **Mich. Admin. Code R 325.424** Minimum standards for chemical closets {#sec-r-325.424 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.424}

Rule 4. (1) The tank should be located at least 50 feet from any well or other source of groundwater supply and upon ground sloping away from the water supply. No tank shall be located less than 2 feet from any lot or alley line or less than 25 feet from any lake or stream.

(2) The tank shall be constructed of Armco ingot iron or other rust-resisting material, not less than 12 gauge thickness. All metal surfaces inside and outside shall be thoroughly coated with a good quality asphalt base material. All tanks shall be provided with an outside opening, not less than 12 inches in diameter, fitted with a tight cover, to permit inspection and cleaning. Every chemical closet tank shall be equipped with an agitating device designed to insure complete mixing of the organic matter with the chemical.

(3) The drop tube shall be securely fastened to the tank and to the toilet bowl. The toilet bowl should be of vitreous china, designed to provide for a seat and seat cover.

(4) A ventilating pipe connected to the bowl and extending above all parts of the building shall be installed.

**History**
- *History: 1944 AC; 1944 ACS 7; 1954 AC; 1979 AC.*

##### **Mich. Admin. Code R 325.425** Minimum standards of maintenance {#sec-r-325.425 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.425}

Rule 5. (1) The receptacle of an earth-pit or vault-type outhouse shall not be allowed to fill to a point higher than 12 inches below the under surface of the floor of the outhouse building. When the receptacle is filled a new pit should be provided and the floor and building moved to the new location. The receptacles of other types of outhouses shall be emptied at sufficiently frequent intervals to prevent the creation of an insanitary condition.

(2) All fecal material or other excreta from the human body that has been removed from any outhouse shall be buried with an earth covering of at least 12 inches in thickness and in a location more than 200 feet from any domestic water supply, lake or stream. Feces or other excreta from the human body shall not be deposited in any abandoned or dry well.

(3) The seat, floor, and ground immediately surrounding the outhouse shall be kept clean at all times. The vent shall be maintained in good repair and free from obstructions at all times.

(4) Seat covers shall be kept closed when the outhouse is not in use.

(5) No disinfectants, lime, deodorants, or other chemicals should be used in earth-pits, septic tank privies or septic toilets. Chemical closets should be maintained at such caustic concentration that septic action does not begin.

(6) Types of paper which do not readily disintegrate should be avoided. Garbage, ashes and other kinds of wastes or liquids should not be thrown into earth-pits or tanks.

(7) Enough water should be added to the septic tank privy or septic toilet each day to keep the water up to the level of the overflow. The water added should also be used to keep the drop tube clean.

**History**
- *History: 1944 AC; 1954 AC; 1979 AC.*

##### **Mich. Admin. Code R 325.426** Construction of rules {#sec-r-325.426 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.426}

Rule 6. Nothing in these rules shall be construed to curtail the right of any local governmental agency to make and enforce immediate sewer connection regulations.

**History**
- *History: 1944 AC; 1954 AC; 1979 AC.*

## **Materials Management Division** Materials Management Division

### **R 325.1541 to R 325.1549** Medical Waste Producing Facilities

##### **Mich. Admin. Code R 325.1541** Definitions {#sec-r-325.1541 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1541}

DEPARTMENT OF ENVIRONMENTAL QUALITY

DRINKING WATER AND RADIOLOGICAL PROTECTION DIVISION

MEDICAL WASTE PRODUCING FACILITIES

(By authority conferred on the department of environmental quality by §2233 and §13830 of Act No. 368 of the Public Acts of 1978, as amended, being §§333.2233 and 333.13830 of the Michigan Compiled Laws)

Rule 1. As used in these rules:

(A) "Act" means the medical waste regulatory act, part 138 of Act No.368 of the Public Acts of 1978, as amended, being §§333.13801 to 333.13831 et seq. of the Michigan Compiled Laws.

(B) "Categories of medical waste," as defined in §13805(8) of the act, shall be considered as waste when the items are ready to be disposed. Sharps shall be considered as a medical waste and disposed of under §13811(d) of the act whether or not they have become contaminated with an agent infectious to humans.

(C) "Contiguous property" means the same or geographically adjacent property that may be divided by a public or private right-of-way. Parcels of property connected by a right-ofway which the property owner controls and to which the public does not have access shall also be considered as contiguous property.

(D) "Stained with blood or body fluids," as used in §13805(8)(b) of the act, means the contaminated item cannot release blood or body fluids in a liquid or semiliquid state when compressed, or caked and dried blood or body fluids are not capable of being released when handled.

(E) "Syringes," as included in the definition of "sharps" under §13807(7) of the act, includes all syringes with an attached needle and those parts of a syringe, with or without an attached needle, that are contaminated with a potentially infectious agent. Needles shall only be removed from a syringe in accordance with the procedures established by R 325.70007(2)(e) adopted under section 24 of Act No. 154 of the Public Acts of 1974, as amended.

**History**
- *History: 2000 AACS.*

##### **Mich. Admin. Code R 325.1542** Packaging, labeling, storage, and transportation {#sec-r-325.1542 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1542}

Rule 2. (1) In addition to the requirements established in section 13821 of the act, containers used for packaging, shipping, and transportation of regulated medical waste shall comply with the requirements of Michigan's motor carrier safety act, Act No. 181 of the Public Acts of 1963, as amended, being §§480.11 to 480.22 of the Michigan Compiled Laws.

(2) Identifying labels that are placed on containers containing decontaminated medical waste mixed with other solid waste, as required in §13809(e) of the act, shall be a minimum of 1 inch high.

(3) The 90-day period for "storage" of medical waste, as required in §§13809(h) and 13810(d) of the act, shall begin when use of the storage container is initiated.

(4) When being transported to a sanitary landfill for disposal, packaged medical waste that is not decontaminated shall not be mixed with non-medical wastes.

**History**
- *History: 2000 AACS.*

##### **Mich. Admin. Code R 325.1543** Treatment of medical waste {#sec-r-325.1543 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1543}

Rule 3. (1) Blood and blood products and body fluids that are solidified, but not decontaminated during the solidification process, shall be packaged and disposed of as medical waste as specified in §§13809, 13811(b), and 13821(b) of the act.

**History**
- *History: 2000 AACS.*

##### **Mich. Admin. Code R 325.1544** Equipment maintenance; record retention {#sec-r-325.1544 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1544}

Rule 4. (1) Medical waste producing facilities shall perform testing of their decontamination or sanitization equipment to demonstrate the continued effective operation of the equipment. Testing frequency and procedures shall be pursuant to the manufacturer's recommendations or methods and frequencies approved by the department.

(2) Facilities shall retain and make available testing data and results from the most recent test performed for inspection by the department.

(3) Testing frequency and procedures shall be contained in the producing facility's medical waste management plan.

**History**
- *History: 2000 AACS.*

##### **Mich. Admin. Code R 325.1545** Registration of multiple producing facilities; medical waste management plan content; registrations for school districts; registration fee {#sec-r-325.1545 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1545}

Rule 5. (1) Multiple producing facilities that are owned by 1 entity and located on contiguous property that is owned by the same entity, such as college campuses and large hospital corporations, may register under one registration. The registrant shall maintain a list of the location of all producing facilities located upon the contiguous properties and the type of medical waste produced at each respective facility. The registrant shall maintain the list of producing facilities and their respective types of medical waste in the registrant's medical waste management plan. Each producing facility shall have a copy of the medical waste management plan on site.

(2) A school district, private school, or charter school system that generates or stores medical waste shall register as a medical waste producing facility. The name and location of all schools producing medical waste within the school district, private school, or charter school system and the type or types of medical waste produced or stored at the respective schools shall be contained in the school district, private school, or charter school system medical waste management plan. A school district, private school, or charter school shall maintain a copy of the plan at each school producing medical waste.

(3) The applicable multiple facility, or school district, private school, or charter school system registration fee shall be the greater of the fees established in §13813(2) or §13815 of the act that would apply to any individual facility located on the contiguous property or school within the school district, private school, or charter school system if it is registered separately.

**History**
- *History: 2000 AACS.*

##### **Mich. Admin. Code R 325.1546** Fee payment for producing facilities with expired registrations; change of ownership {#sec-r-325.1546 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1546}

Rule 6. (1) Registration fee payments received from producing facilities with expired registrations shall have the fees applied by the department back to the date when the last registration expired.

(2) If a change in ownership of a producing facility occurs, then the new owner shall notify the department and register as a new producing facility and pay the designated fee in accordance with §13813(1) and (2) of the act.

**History**
- *History: 2000 AACS.*

##### **Mich. Admin. Code R 325.1547** Training requirement; training schedule; record of training {#sec-r-325.1547 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1547}

Rule 7. (1) Each facility that produces medical waste shall provide instruction in the proper handling of medical waste according to the facility's medical waste management plan to its employees who generate and/or dispose of medical waste. The plan shall be in compliance with the requirements prescribed in §13817 of the act.

(2) A facility shall assure that an employee who handles medical waste is trained before the employee assumes duties that involve the handling of medical waste to enable the employee to handle and dispose of medical waste in a safe and proper manner.

(3) A facility shall assure that current employees who handle medical waste are trained within 90 days after the effective date of these rules. A facility shall assure that a new employee is trained before assuming duties that involve the handling of medical waste to enable the employee to handle and dispose of medical waste in a safe and proper manner.

All employees shall receive refresher training when a change in the producing facility's medical waste management plan occurs that directly affects the employee's duties.

(4) A facility that produces medical waste shall create and retain a record of the training of employees who handle medical waste. The record shall include all of the following information with respect to each employee:

(a) Employee's name.

(b) Job classification.

(5) A facility that produces medical waste shall retain its training records for a minimum period of 3 years.

**History**
- *History: 2000 AACS.*

##### **Mich. Admin. Code R 325.1548** Remedies and penalties {#sec-r-325.1548 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1548}

Rule 8. A person who violates any of the provisions of these rules shall be subject to the remedies and penalties under the act.

**History**
- *History: 2000 AACS.*

##### **Mich. Admin. Code R 325.1549** Contested cases; applicable law {#sec-r-325.1549 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1549}

Rule 9. Administrative procedures in contested cases and judicial review shall be in accordance with, and subject to, chapters 4, 5, and 6 of Act No. 306 of the Public Acts of 1969, as amended, being §§24.271 to 24.306 of the Michigan Compiled Laws.

**History**
- *History: 2000 AACS.*

## **Drinking Water and Environmental Health Division** Drinking Water and Environmental Health Division

### **R 325.1551 to R 325.1599** Campgrounds

##### **Mich. Admin. Code R 325.1551** Definitions {#sec-r-325.1551 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1551}

DEPARTMENT OF ENVIRONMENTAL QUALITY

DRINKING WATER AND RADIOLOGICAL PROTECTION DIVISION

CAMPGROUNDS

(By authority conferred on the director of the department of environmental quality by section 12511 of Act No. 368 of the Public Acts of 1978, as amended, being §333.12511 of the Michigan Compiled Laws)

Rule 1. (1) As used in these rules:

(a) "Act" means Act No. 368 of the Public Acts of 1978, as amended, being §333.1101 et seq. of the Michigan Compiled Laws.

(b) "Camping cabin" means a recreational unit that is a hard-sided tent or shelter, that is less than 400 square feet in area, that is on skids designed to facilitate relocation from time to time, and that does not have a direct connection to a source of water.

(c) "Modern campground" means a campground where water flush toilets and water under pressure are available at a service building or where a water outlet and a sewer connection are available at each site.

(d) "Park model recreational unit" means a recreational unit that is built on a single chassis mounted on wheels, that has a gross trailer area of not more than 400 square feet in the setup mode, and that is certified by the manufacturer as complying with American National Standards Institute Standard A119.5.

(e) "Primitive campground" means a campground where a service building that has water flush toilets is not provided and where sewer connections are not provided to sites.

(f) "Sanitary facilities" means all of the following:

(i) The water supply and all water distribution facilities.

(ii) All sewage collection, sewage treatment, and sewage disposal facilities.

(iii) Service buildings.

(iv) Sanitary stations.

(g) "Sanitary station" means a facility where recreational units equipped with freshwater storage tanks and sewage holding tanks can be serviced.

(h) "Seasonally sited recreational unit" means a recreational unit that remains on a site for a continuous period of time of more than 31 days in 1 calendar year.

(i) "Service building" means a structure or portion of a structure that is used to house sanitary facilities, such as water closets, lavatories, and showers.

(j) "Site" means the camp space or land area designated for each recreational unit in a campground.

(k) "Temporary campground" means a campground that is used on a temporary or shortterm basis that is not more than 4 weeks.

(l) "Temporary living quarters," as related to camping, means a recreational unit that is occupied or used for more than 4 hours between the hours of 10 p.m. to 6 a.m.

(2) The terms defined in the act have the same meanings when used in these rules.

**History**
- *History: 1979 AC; 1987 AACS; 2000 AACS.*

##### **Mich. Admin. Code R 325.1552** Location {#sec-r-325.1552 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1552}

Rule 2. (1) A campground owner shall not locate a campground where it may be detrimental to the public health, safety, or welfare.

(2) A campground owner shall not locate a campground on top of a completed Type II sanitary landfill, as described in Part 115 of Act No.451 of the Public Acts of 1994, as amended, being §324.11501 et seq. of the Michigan Compiled Laws, or on a completed waste disposal facility, as described in Part 111 of Act No. 451 of the Public Acts of 1994, as amended, being §324.11101 et seq. of the Michigan Compiled Laws.

(3) A campground owner shall locate all outlets to the water distribution system above the elevation defining the 100-year floodplain. The owner shall locate the top of site sewer connections above the elevation defining the 100-year floodplain. This subrule does not apply to water outlets and sewer risers constructed before the effective date of this rule.

**History**
- *History: 1979 AC; 1987 AACS; 2000 AACS.*

##### **Mich. Admin. Code R 325.1553** Applications for construction permits; contents {#sec-r-325.1553 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1553}

Rule 3. (1) A campground owner shall submit an application for a construction permit for a new campground or for an alteration or addition to an existing campground that includes information regarding the proposed physical facilities. A permit applicant shall submit 4 sets of plans which are drawn to scale, which show the plot plan and details of all planned facilities, and which clearly indicate how the campground will be constructed in order to comply with these rules. A permit applicant shall submit 3 sets with the application to the department and 1 set to the local or district health department having jurisdiction. If the total cost of a project is more than $15,000.00, then an engineer who is licensed in Michigan shall prepare all plans for new sanitary campground facilities or for additions or alterations to existing sanitary campground facilities.

(2) An application shall indicate the proposed method of garbage and refuse storage and disposal.

**History**
- *History: 1979 AC; 2000 AACS.*

##### **Mich. Admin. Code R 325.1554** Construction permits {#sec-r-325.1554 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1554}

Rule 4. A construction permit is nontransferable unless the department gives its written consent to a permit transfer. A permit expires 3 years after its date of issuance unless the department grants an extension. The department shall not include delays in construction incurred by reason of litigation incident to the planning or construction of a campground in calculating the date a permit expires. If a petition for extending a permit is granted, the department may require any alterations in the campground plans that would be necessary for approval if the plans for the campground were being submitted at the date that the extension is granted. The department shall list any conditions or stipulations for application approval on the construction permit.

**History**
- *History: 1979 AC; 2000 AACS.*

##### **Mich. Admin. Code R 325.1555** Temporary campgrounds; application for license; operational period {#sec-r-325.1555 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1555}

Rule 5. (1) An applicant for a temporary campground license shall submit an application on a form supplied by the department to the local health department having jurisdiction not less than 2 weeks before operating the temporary campground. The local health department shall then issue or deny the license and forward a copy of the completed application for a license or the reasons for denial to the applicant and to the department. The temporary campground shall not receive recreational units until a license is issued by the department or local health department and displayed at the campground. A temporary campground may operate for not more than a 2-week period, unless approval for an extension is obtained from the local health department. An applicant for an extension shall submit an application to the local health department not less than 3 days before the expiration date of the first 2week period. A temporary campground shall not operate for more than a 4-week period.

Not less than 30 days shall elapse between the end of one licensing period for a temporary campground and the beginning of another for the same campground location. These rules apply to temporary campgrounds, except as modified by this rule.

(2) A temporary campground owner or operator shall provide toilet facilities in a temporary campground in accordance with the schedules indicated in R 325.1555a for temporary primitive campgrounds and R 325.1555b for temporary modern campgrounds.

If a temporary campground owner or operator operates the campground in conjunction with other events at the site or an adjacent site, then the owner shall ensure that these toilet facilities are accessible only to the campers. A temporary campground owner or operator shall provide 1 water outlet for every 50 sites, or fraction of 50 sites, and shall provide a sanitary station for the proper disposal of holding tank waste. The owner or operator need not provide showers but if the owner provides showers, then the owner shall follow the schedule in R 325.1571(5). The local health department having jurisdiction may approve alternative proposals for sanitary stations, including the use of a nearby sanitary station, the use of an existing manhole at a municipal sanitary sewer if an attendant is provided, or the use of a licensed septic tank pumper if the campground owner or operator obtains a contract with the septic tank cleaner.

(3) A temporary campground owner or operator shall locate recreational units in a temporary campground to allow an unobstructed path which is not less than 4 feet wide and which extends completely around the recreational unit.

(4) If a water distribution system or a temporary water distribution system is proposed for a temporary campground, then the campground owner or operator shall obtain a construction permit from the department before the system is constructed.

(5) If electrical service or temporary electrical service is provided in a temporary campground, then the campground owner or operator shall obtain an approval from the electrical authority having jurisdiction before the electrical service or temporary electrical service is energized.

**History**
- *History: 1979 AC; 1987 AACS; 2000 AACS.*

##### **Mich. Admin. Code R 325.1555a** Temporary primitive campgrounds; privies {#sec-r-325.1555a omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1555a}

Rule 5a. In a temporary primitive campground, the campground owner or operator shall provide 1 privy for each sex for every 25 sites, or fraction of 25 sites, or 2 unisex privies for each 30 sites, or fraction of 30 sites. The owner may substitute 1 portable privy with a contract for daily servicing for each privy or may substitute 2 portable privies with contracts for less than daily servicing for each privy.

**History**
- *History: 2000 AACS.*

##### **Mich. Admin. Code R 325.1555b** Temporary modern campgrounds; toilet facilities {#sec-r-325.1555b omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1555b}

Rule 5b. In a temporary modern campground, the campground owner or operator shall ensure that the number of flush toilets, urinals, and lavatories is in compliance with the fixture schedule in R 325.1571(2).

**History**
- *History: 2000 AACS.*

##### **Mich. Admin. Code R 325.1556** Sites; size and arrangement; identification and location; location of recreational units and other structures; permanent structures prohibited; construction verification; marking; drainage; occupancy {#sec-r-325.1556 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1556}

Rule 6. (1) A site in a campground, unless designated on an approved plan as a walk-in site, shall abut on a roadway, shall be of such size and so arranged to provide space for a recreational unit and vehicle parking, and shall have not less than 15 feet of road frontage width and 1,200 square feet of area.

(2) A campground owner shall locate and identify all sites and other facilities as shown on the plans approved under the most recent construction permit issued by the department.

(3) Before the initial licensure of campground sites or other facilities, an applicant shall submit written verification that the construction was completed in accordance with the approved plans and specifications specified in subrule (2) of this rule. If plans prepared by a licensed engineer were required, then a licensed engineer shall provide written verification. An applicant shall submit inspection approval from the electrical authority having jurisdiction and inspection approval from the plumbing authority having jurisdiction before such utilities are initially placed into service.

(4) A campground owner shall locate recreational units or other structures, such as sheds and awnings, to provide an unobstructed path which is not less than 4 feet wide and which extends completely around the recreational unit. A campground owner shall ensure that a permanent structure requiring footings is not located on a campsite.

(5) A campground owner shall mark or arrange a site in a campground so that a camper can readily identify and locate the site.

(6) A campground owner shall ensure that a site is well-drained.

(7) A campground owner shall ensure that a site is occupied by not more than 8 persons and by not more than 1 recreational unit.

(8) A campground owner shall ensure that the number of sites in a campground is not more than the number authorized by the license.

**History**
- *History: 1979 AC; 1987 AACS; 2000 AACS.*

##### **Mich. Admin. Code R 325.1556a** Primitive campgrounds; privies; potable water; mobile homes prohibited {#sec-r-325.1556a omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1556a}

Rule 6a. (1) A campground owner shall arrange a primitive campground so that every 25 sites, or fraction of 25 sites, are served with a potable water outlet and a privy for each sex or 2 unisex privies. However, a primitive campground area that does not have more than 10 sites may be served with a unisex privy and a potable water outlet. A campground owner shall not locate a privy closer than 50 feet to a site boundary.

(2) A campground owner shall ensure that a mobile home or single sectional mobile home is not located in a primitive campground.

**History**
- *History: 2000 AACS.*

##### **Mich. Admin. Code R 325.1556b** Group camping areas {#sec-r-325.1556b omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1556b}

Rule 6b. (1) A campground owner may provide a group camping area. If individual site water connections or site electrical connections are provided, the campground owner shall ensure that a recreational unit connects to the nearest electrical outlet or the nearest site water connection. The campground owner shall ensure that no more than 1 recreational unit connects to an electrical outlet or a site water connection.

(2) A campground owner is not required to mark an individual campsite boundary in group camping areas if the area boundary is marked and arranged so that it can be readily located and identified by campers. A campground owner shall identify a group camping area by appropriate signs that signify the area name or area number and the maximum number of people that are permitted to use the area. The campground manager shall keep a record at his or her office or home of the number of campers who use the group camping area. A campground owner shall limit the number of persons camping in a group camping area based on the facilities that the campground provides. Eight persons are the equivalent of 1 campsite.

(3) A group camping area shall contain a minimum of 1,200 square feet for each equivalent of 1 campsite.

(4) If a group camping area is provided, then a campground owner shall determine the number of sanitary facilities required in accordance with R 325.1556a(1) for primitive campgrounds and in accordance with R 325.1571(2) and (5) for modern campgrounds.

(5) A campground owner shall arrange a recreational unit in a group camping area so as not to restrict the access of emergency vehicles and recreational units and to provide an unobstructed path which is not less than 4 feet wide and which extends completely around the recreational unit.

**History**
- *History: 2000 AACS.*

##### **Mich. Admin. Code R 325.1557** Managers {#sec-r-325.1557 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1557}

Rule 7. A campground owner shall designate a manager or person to be in charge of the campground. The owner shall post a notice indicating where the manager can be contacted when the manager is not on duty. The manager or person in charge shall be available when the campground is occupied. The manager shall post a notice, or provide campers with information at check-in, which indicates the location of the nearest available phone and which lists the locations and telephone numbers for police, fire, and medical assistance.

**History**
- *History: 1979 AC; 2000 AACS.*

##### **Mich. Admin. Code R 325.1558** Roads and vehicles {#sec-r-325.1558 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1558}

Rule 8. (1) A campground owner shall provide a road right-of-way that is not less than 20 feet wide. A campground owner shall ensure that the right-of-way is free of obstructions and provides free and easy access to abutting sites. A campground owner shall maintain the traveled portion of the right-of-way in a passable and relatively dust-free condition when the campground is in operation.

(2) A campground owner shall ensure that vehicles do not park in the strip of land set aside for a road. A campground owner shall provide space for vehicle parking equal to a minimum of 1.5 the number of sites in a campground. The parking space shall be either on the sites or in a separate parking area.

**History**
- *History: 1979 AC; 2000 AACS.*

##### **Mich. Admin. Code R 325.1559** Water supplies {#sec-r-325.1559 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1559}

Rule 9. (1) A campground owner shall provide a potable water supply in accordance with Act No. 399 of the Public Acts of 1976, as amended, being §325.1001 et seq. of the Michigan Compiled Laws, and rules promulgated under the act, being R 325.10101 et seq. of the Michigan Administrative Code.

(2) A well drilling contractor shall construct any well installation that will serve a campground. A pump installer shall install any pump connected to a well that will serve a campground. A well drilling contractor and a pump installer shall be registered under authority of part 127 of the act. Within 5 years of the effective date of this rule, a campground owner shall provide an above grade room that houses pumping equipment, provide equipment for the disinfection of the entire water system, provide sample taps, and provide pump-to-waste facilities for all wells. A campground owner and person preparing campground plans shall ensure that the campground's water well or wells and water well pump or pumps operating with hydropneumatic storage systems are capable of providing a minimum of 30 gallons per minute or more than 30 gallons per minute if indicated by the sum of the following peak instantaneous demands for water:

(a) One gallon per minute for each site water connection that serves a mobile home or park model recreational unit, and 0.5 of a gallon per minute for each site water connection that serves other sites.

(b) A campground owner shall determine peak instantaneous demands for unthreaded convenience water outlets, water-using fixtures in service buildings, and other water-using facilities served by the campground's water system using the department's fixture method in the publication entitled "Michigan Criteria for Subsurface Sewage Disposal," dated April 1994, or using other nationally recognized methods for determining peak instantaneous demand. The publication may be obtained from the Michigan Department of Environmental Quality, Drinking Water and Radiological Protection Division, Environmental Health Section, P.O. Box 30630, Lansing, Michigan 48909-8130.

(3) A campground owner shall ensure that a water distribution system for a campground has a minimum depth of bury of 2 feet. If the system is designed for winter use, then the campground owner shall ensure that the system has a minimum depth of bury of 3.5 feet or more than 3.5 feet in areas where the frost line typically extends below 3.5 feet.

(4) A campground owner shall provide water under pressure to a campsite occupied by a single sectional mobile home. A campground owner shall ensure that the water distribution system piping is an adequate size to meet peak demands, as determined in subrule (2) of this rule, while maintaining a minimum residual pressure of 20 pounds per square inch.

(5) A campground owner shall ensure that a potable water supply system is designed, installed, and maintained to prevent contamination from nonpotable water sources and other nonpotable liquids. A campground owner shall ensure that below-ground stop and waste valves that have weep holes for use on the waterlines are not used.

(6) A campground owner shall ensure that any plastic waterline that is used in a campground is made of a material approved by the department and has a minimum pressure rating of 160 pounds per square inch. A campground owner shall ensure that the pipe, plastic fittings, and solvent cements are approved by NSF (National Sanitation Foundation)

International for potable water supply and bear the NSF International seal of approval.

(7) A campground owner may locate an unthreaded convenience water outlet on a site but shall not allow a direct connection of the outlet to a recreational unit.

(8) If a site water connection is proposed, then a campground owner shall also propose and provide a site sewer connection, a mechanical sewage pump-out facility, or an agreement with a licensed septic tank cleaner.

(9) A campground owner shall not make or allow an alteration to a campground water system without prior written approval from the department. "An alteration to a water system" means the modification of, or addition to, an existing waterworks system or portion of the system that affects the flow, capacity, system service area, source, treatment, or reliability of the system.

**History**
- *History: 1979 AC; 1987 AACS; 2000 AACS.*

##### **Mich. Admin. Code R 325.1560** Sewage and wastewater control {#sec-r-325.1560 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1560}

Rule 10. (1) A campground owner and person preparing campground plans shall comply with all applicable statutes and rules regulating the methods and facilities for the collection, treatment, and disposal of sewage and other wastewater. A campground owner shall ensure that the nature, capacity, maintenance, and operation of the methods and facilities do not create unlawful pollution of the waters of the state, a nuisance condition, or a menace to health or safety.

(2) A campground owner shall not make or allow an alteration to a campground sewage system without prior written approval from the department. "An alteration to a sewage system" means the modification of, or addition to, an existing sewage collection, pumping, treatment, or disposal system or a portion of the system that affects the flow, capacity, system service area, or reliability of the system.

**History**
- *History: 1979 AC; 2000 AACS.*

##### **Mich. Admin. Code R 325.1561** Sewage disposal in modern campgrounds {#sec-r-325.1561 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1561}

Rule 11. (1) A campground owner shall connect his or her campground to a local government sewer system, when available. A campground owner and person preparing campground plans shall propose and provide a sewage treatment and disposal system that is acceptable to the department if a local government system is not available.

(2) A person designing a campground sewage disposal system shall base the design capacity of a facility described in subrule (1) of this rule on the following minimum estimated daily liquid flows:

(a) For sites that have water and sewer outlets available to each site - 75 gallons per site.

(b) For sites served by service buildings - 75 gallons per site.

(d) For sites for single sectional mobile homes and park model recreational units - 150 gallons per site.

(e) For other facilities operated in conjunction with a campground, a person designing a campground sewage disposal system may use the "Michigan Criteria for Subsurface Sewage Disposal," dated April 1994, as a reference in estimating daily design flow. This publication can be obtained from the Michigan Department of Environmental Quality, Drinking Water and Radiological Protection Division, Environmental Health Section, P.O.

Box 30630, Lansing, Michigan 48909-8130.

(3) A campground owner shall ensure that a sewer service riser which is located at a site on a sewer system is trapped. A campground owner shall ensure that a service riser which is designed for winter use is trapped below the frost line. A campground owner shall ensure that the trap and riser is constructed of cast iron or rigid plastic pipe as approved by the plumbing division of the Michigan department of consumer and industry services. A campground owner shall ensure that the top of the riser extends not less than 2 inches above the surrounding ground surface. A campground owner shall ensure that a riser is capped when not in use. A campground owner shall ensure that the sewer service riser is not located closer than 5 feet from a water riser.

(4) A campground owner shall provide a sewer service riser to a campsite occupied by a single sectional mobile home.

(5) A campground owner shall ensure that a gravity sanitary sewer has sufficient capacity to accommodate the maximum hourly flow from the portion of the campground being served and is not less than 4 inches in diameter.

(6) A campground owner shall ensure that a sanitary sewer has a minimum depth of bury of 2 feet. If the sanitary sewer is designed for winter use, then the campground owner shall ensure that the sewer system has a minimum depth of bury of 3.5 feet or more than 3.5 feet in areas where the frost line typically extends below 3.5 feet.

(7) A campground owner shall ensure that a sanitary sewer is installed with sufficient slope to maintain a velocity of 2 feet per second at design flow.

(8) A campground owner shall ensure that all sanitary sewers which are less than 10 inches in diameter have cleanouts located at the end of each sewer line; at all changes in grade, size, and direction of more than 45 degrees; and at distances of not more than 100 feet along sewers.

(9) A campground owner shall ensure that all sewers which are 10 inches in diameter or larger have manholes located at all changes in grade, size, and direction and at distances of not more than 400 feet along sewers. A campground owner shall ensure that a flow channel through a manhole conforms to the slope and shape of the sanitary sewers.

(10) A person designing the campground sewage system shall specify leakage tests for the proposed construction of sanitary sewers.

(11) A campground owner shall ensure that a sanitary sewer or individual sewer service line is not laid within 10 feet horizontally of a waterline.

(12) If a sanitary sewer line crosses a waterline, then a campground owner shall ensure that there is a minimum of 12 inches of clear vertical isolation between the sewer line and the waterline. If it is not feasible to have a minimum of 12 inches of vertical isolation, then a campground owner shall ensure that the sanitary sewer line is encased in concrete for 5 feet on each side of the crossing. A campground owner shall ensure that 1 full length of waterline is centered over the sewer crossing.

**History**
- *History: 1979 AC; 1987 AACS; 2000 AACS.*

##### **Mich. Admin. Code R 325.1562** Soil absorption systems; design and location {#sec-r-325.1562 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1562}

Rule 12. A campground owner shall ensure that a soil absorption system is isolated not less than 10 feet from camping sites and is protected from vehicular traffic or other possible damage. A campground owner and person preparing campground plans may use the publication entitled "Michigan Criteria for Subsurface Sewage Disposal," dated April 1994, which is available from the Michigan Department of Environmental Quality, DrinkinG Water and Radiological Protection Division, Environmental Health Section, P.O.

Box 30630, Lansing, Michigan 48909-8130, and accepted engineering practice as references in the design and location of an absorption field. A campground owner and person preparing plans for a campground shall ensure that a soil absorption system is not placed in the following locations:

(a) Beneath a building.

(b) Where the soil is unstable or unsettled. Muck or peat soils are unsuitable.

(d) Within 100 feet of a lake or stream as a minimum.

(e) In the path of a catchment area of surface runoff.

(f) Where a high groundwater table is closer than 4 feet to the ground surface.

(g) Within the minimum isolation distance of 75 feet from the well.

(h) Where surface flooding may occur.

(i) Where percolation rates above 30 minutes for water to fall 1 inch are encountered.

(j) Where adequate protection cannot be provided for the water-bearing formation.

(k) Where the area is insufficient on which to locate a second absorption field of at least the size of the original field.

**History**
- *History: 1979 AC; 2000 AACS.*

##### **Mich. Admin. Code R 325.1563** Septic and dosing tanks and sewage pumping systems; design {#sec-r-325.1563 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1563}

Rule 13. A campground owner and person preparing campground plans shall ensure that septic and dosing tanks and sewage pumping systems are designed in accordance with accepted engineering practice and may use as a guide the publication entitled "Michigan Criteria for Subsurface Sewage Disposal," dated April 1994, which is available from the Michigan Department of Environmental Quality, Drinking Water and Radiological Protection Division, Environmental Health Section, P.O. Box 30630, Lansing, Michigan 48909-8130.

**History**
- *History: 1979 AC; 2000 AACS.*

##### **Mich. Admin. Code R 325.1564** Sewage treatment systems {#sec-r-325.1564 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1564}

Rule 14. A person proposing to discharge treated wastewater to the waters of the state shall comply with Act No. 451 of the Public Acts of 1994, as amended, being §324.101 et seq. of the Michigan Compiled Laws.

**History**
- *History: 1979 AC; 1987 AACS; 2000 AACS.*

##### **Mich. Admin. Code R 325.1566** Sewage disposal in primitive campgrounds {#sec-r-325.1566 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1566}

Rule 16. A campground owner shall ensure that a privy, outhouse, or portable privy that is used as a means of sewage disposal for a primitive campground has a watertight vault which has a minimum storage capacity of 500 gallons and which is vented above the roof.

A campground owner shall ensure that the interior of the privy above the vault is constructed of smooth, easily cleanable, nonabsorbent materials and that all openings are screened. A campground owner shall ensure that a privy has a self-closing door. A campground owner shall ensure that a privy that has a capacity of more than 1 individual has privacy partitions. The department may approve proposals for a portable privy that has less than 500 gallons of storage capacity as part of the annual license to operate the campground if there is a service contract with a licensed septic tank cleaner and if the portable privy was pumped as needed during the previous year.

**History**
- *History: 1979 AC; 1987 AACS; 2000 AACS.*

##### **Mich. Admin. Code R 325.1568** Seepage pits {#sec-r-325.1568 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1568}

Rule 18. (1) A campground owner shall ensure that all of the following provisions are complied with in regard to seepage pits in the campground:

(a) A seepage pit or replacement seepage pit may only be used on a site licensed before the effective date of this subrule for the disposal of sink wastes and shower water where a direct connection is made between the sink drain and the seepage pit.

(b) The connection between the drain and pit shall not be more than 1.5 inches in diameter.

(d) Approval of the seepage pit or replacement seepage pit shall be restricted to areas where the soil affords acceptable seepage, the groundwater table is sufficiently low, and groundwater or surface water is not endangered.

(e) A seepage pit shall be located not less than 75 feet from a well.

(f) Sufficient data shall be submitted to the health department having jurisdiction to permit evaluating the requirements of this rule before approval may be given.

(g) A recreational unit on a site serviced by a seepage pit shall not be directly connected to the campground water system, unless approved in writing by the local health department having jurisdiction.

(2) The department or the local health department may temporarily or permanently prohibit the use of seepage pits on specific sites in a campground if the discharge of waste to the ground surface is observed or if the seepage pits are not operated and maintained in accord with the other requirements of this rule.

**History**
- *History: 1979 AC; 2000 AACS.*

##### **Mich. Admin. Code R 325.1569** Buried storage tanks prohibited {#sec-r-325.1569 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1569}

Rule 19. A buried tank for the storage of sink waste, shower water, or other sewage shall not be allowed in a campground.

**History**
- *History: 1987 AACS.*

##### **Mich. Admin. Code R 325.1571** Service buildings; required facilities {#sec-r-325.1571 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1571}

Rule 21. (1) If a service building is proposed for a campground, then the campground owner shall ensure that the building is constructed in accordance with the applicable state or local building code and shall include the building details and specifications on the plan required by R 325.1553. In addition, the campground owner shall ensure that all of the following requirements are complied with:

(a) A window that opens is screened. An exterior door has a self-closing device.

(b) An adequate amount of light for cleaning and safety purposes is provided in the service building.

(d) The location of all toilets, lavatories, showers, urinals, enclosures, and floor drains is specified on theplans.

(2) The campground owner shall ensure that a service building at a modern campground is provided with toilet, urinal, and lavatory facilities in accordance with the following schedule:

Campground Minimum Number of Fixtures Sites Toilets M F Urinals M Lavatories M F 1-1511111 16-3012122 31-4522133 46-6023233 61-10034244 101-13045355 131-16056366 161-19067377 191-22078488 221-25089499 251-28091041010 281-310101151111 311-340111251212 341-370121351313 371-400131451414 401-430141561515 431-460151661616 461-490161761717 491-520*171871818 *A campground that has more than 520 sites shall provide 1 additional toilet and lavatory for each sex for each additional 30 sites or part of 30 sites and 1 additional men's urinal for each additional 100 sites.

(3) In a modern campground, if all the sites are provided with water and sewer services and if occupancy is limited to recreational units connected to the water and sewer systems, then a campground owner shall ensure that, at a minimum, 1 water flush toilet and 1 lavatory are provided.

(4) In a campground where only a portion of the sites are provided with water and sewer services, a campground owner shall ensure that the fixture schedule specified in subrule (2) of this rule is complied with for sites that do not have water and sewer services. The portion of a campground that is restricted to single sectional mobile homes that have sewer and water connections is exempt from the fixture schedule specified in subrule (2) of this rule.

(5) A campground owner has the option of providing showers. A campground that constructs a service building that has showers shall comply with the following schedule:

Shower Schedule *Sites1-4546-8081-100101-150151-200201-250 Male123456 Female123456 **Sites1-1516-4546- 61-8081- 101- 131- 161- 191- 221- Unisex12345678910 *A campground that has more than 250 sites shall provide 1 shower for each sex for every 50 sites or part of 50 sites. **A campground that has more than 250 sites shall provide 1 shower for every 30 sites or part of 30 sites.

(6) A campground owner shall provide an effective method, such as curbing or recessed floors, and shower curtains or partitions to keep shower water from dressing rooms and other areas in the service building. A campground owner shall provide a means of regulating the temperature of hot water so that the water temperature will not be more than 120 degrees Fahrenheit.

**History**
- *History: 1954 ACS 68, Eff. July 2, 1971; 1954 ACS 96, Eff. July 19, 1978; 1979 AC; 1987 AACS; 1998- 2000 AACS.*

##### **Mich. Admin. Code R 325.1574** Sanitary facilities in campgrounds adjacent to other establishments {#sec-r-325.1574 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1574}

Rule 24. (1) If a primitive campground is operated adjacent to, or in conjunction with, a modern campground served by a service building, then a campground owner shall provide an additional toilet and lavatory for each sex for every 50 sites or fraction of 50 sites in the primitive campground.

(2) If a campground is operated in connection with a resort or other business establishment, then a campground owner shall base the number of sanitary facilities required in excess of the facilities required by the schedule for sites alone on the total number of persons who will use the facilities.

(3) A campground owner shall ensure that the tables entitled "Typical Wastewater Flows" contained in the United States Environmental Protection Agency "Design Manual: Onsite Wastewater Treatment and Disposal Systems," dated October 1980, are followed in determining the additional design capacity of the sewage facility required because of the application of this rule. The applicable tables are adopted by reference in these rules and may be obtained from the United States Environmental Protection Agency, National Service Center for Publications, P.O. Box 42419, Cincinnati, Ohio 45242 at no cost for one copy.

**History**
- *History: 1979 AC; 1987 AACS; 2000 AACS.*

##### **Mich. Admin. Code R 325.1576** Sanitary stations {#sec-r-325.1576 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1576}

Rule 26. (1) A campground owner shall provide at least 1 sanitary station of approved design for a modern campground and also for a primitive campground. A modern campground catering solely to recreational vehicles that connect to the campground's water and sewer systems and a primitive campground served solely by hand pump wells are exempt from this subrule.

(2) A campground owner shall ensure that a sanitary station is designed and maintained to prevent contamination from being introduced into the fresh water storage tanks or campground water supply system. A campground owner shall ensure that sanitary stations have a tower for filling fresh water storage tanks and also a separate tower for rinsing sewage spills at the sewage dumping facility. A campground that has individual water connections for all of its sites is exempt from having to provide a tower for filling fresh water storage tanks.

(3) A campground owner shall ensure that all of the following provisions are complied with:

(a) A vacuum breaker is installed at the high point of each tower.

(b) An automatic device is installed to keep hoses off the ground.

(d) Signs shall be placed at a sanitary station to identify its purpose and give instructions for its proper use.

**History**
- *History: 1979 AC; 2000 AACS.*

##### **Mich. Admin. Code R 325.1577** Campground maintenance {#sec-r-325.1577 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1577}

Rule 27. The service building, grounds, and facilities shall be maintained in a clean and sanitary condition and kept in good repair.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.1578** Plumbing {#sec-r-325.1578 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1578}

Rule 28. Plumbing in a campground shall comply with applicable codes or ordinances, including, but not limited to, the state plumbing code.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.1581** Garbage and refuse disposal; insect control {#sec-r-325.1581 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1581}

Rule 31. (1) Disposal of garbage and refuse shall be in accordance with state and local law, ordinances, and rules. A sufficient number of containers shall be provided for the storage of garbage and other refuse. Garbage and refuse shall be collected and disposed of as often as necessary to prevent overflow, nuisance or odor, but not less than once each week. Containers shall be maintained in a clean and sanitary condition.

(2) Measures shall be taken to reduce populations of mosquitoes and other insects of public health importance in a campground.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.1583** Electrical installations {#sec-r-325.1583 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1583}

Rule 33. An electrical installation in a campground shall comply with applicable codes and ordinances including, but not limited to, the state electrical code. Not more than 1 recreational unit shall be served by 1 electrical outlet.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.1585** Swimming pools and beaches {#sec-r-325.1585 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1585}

Rule 35. A swimming pool or a bathing beach at a campground shall comply with the provisions of sections 12521 through 12563 of the act and R 325.2101 to R 325.2103 and R 325.2111 to R 325.2199 of the Michigan Administrative Code.

**History**
- *History: 1979 AC; 1987 AACS.*

##### **Mich. Admin. Code R 325.1586** Variances {#sec-r-325.1586 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1586}

Rule 36. A campground shall comply with these rules; however, the department may grant a written variance if the department determines that strict compliance with these rules would cause unusual practical difficulties and hardships, that the variance would not affect the safe and healthful operation of the campground, and that the spirit and intent of the rules can be maintained. A person shall make a request for a variance to the department in writing.

**History**
- *History: 1979 AC; 2000 AACS.*

##### **Mich. Admin. Code R 325.1587** Rescinded {#sec-r-325.1587 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1587}

**History**
- *History: Rescinded 1954 ACS 96, Eff. July 19, 1978.*

##### **Mich. Admin. Code R 325.1599** Rescissions {#sec-r-325.1599 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1599}

Rule 49. The following rules of the department of environmental quality or director of environmental quality are rescinded:

(a) Rules entitled "Camps," being R 325.381 to R 325.383 of the Michigan Administrative Code and appearing on pages 2253 and 2254 of the 1954 Michigan Administrative Code.

(b) Rules entitled "Trailer Coach Parks," being R 325.500 to R 325.538 of the Michigan Administrative Code and appearing on pages 2265 to 2278 of the 1954 Michigan Administrative Code.

(c) A rule entitled "Trailer Parks Operated Only During the Period Between May 1 and December 1," being R 325.540 of the Michigan Administrative Code and appearing on pages 2860 to 2862 of the 1963 Annual Supplement to the Code.

(d) Rules entitled "Sanitation Standards for Garbage and Refuse Disposal at Camps and Summer Resorts," being R 325.601 to R 325.604 of the Michigan Administrative Code and appearing on page 2286 of the 1954 Michigan Administrative Code.

(e) Rules entitled "Sanitation Standards for Summer Recreation Camps," being R 325.621 and R 325.635 of the Michigan Administrative Code and appearing on pages 2286 to 2290 of the 1954 Michigan Administrative Code.

(f) Rules entitled "Sanitation Standards for Cabin Camps", being R 325.641 to R 325.655 of the Michigan Administrative Code and appearing on pages 2290 to 2293 of the 1954 Michigan Administrative Code.

(g) Rules entitled "Sanitation Standards for Water Carried Sewage Disposal Systems at Camps and Summer Resorts," being R 325.671 to R 325.676 of the Michigan Administrative Code and appearing on pages 2293 and 2294 of the 1954 Michigan Administrative Code.

**History**
- *History: 1979 AC; 2000 AACS.*

### **R 325.1601 to R 325.1781** Groundwater Quality Control Rules

##### **Mich. Admin. Code R 325.1601** Definitions; A {#sec-r-325.1601 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1601}

DEPARTMENT OF ENVIRONMENT, GREAT LAKES, AND ENERGY

DRINKING WATER AND ENVIRONMENTAL HEALTH DIVISION

GROUNDWATER QUALITY CONTROL

(By authority conferred on the director of the department of environment, Great Lakes, and energy by section 12714 of the public health code, 1978 PA 368, MCL 333.12714, and Executive Reorganization Order Nos. 1996-1, 2011-1, and 2019-1, MCL 330.3101, 324.99921, and 324.99923)

PART 1. WELL CONSTRUCTION CODE

Rule 101. (1) "Abandoned water well" means any of the following:

(a) A well which has its use permanently discontinued.

(b) A well which is in such disrepair that its continued use for the purpose of obtaining groundwater is impractical.

(d) A well which is a threat to groundwater resources.

(e) A well which is or may be a health or safety hazard.

(2) "Act" means Part 127 of Act No. 368 of the Public Acts of 1978, as amended, being §§333.12701 to 333.12715 of the Michigan Compiled Laws.

(3) "Annular space" means the space between 2 cylindrical objects, 1 of which surrounds the other, such as the space between a borehole wall and a permanent casing or between a temporary casing and a permanent casing.

(4) "Approved basement" means a basement which has walls and a floor that are constructed of concrete or its equivalent, which is reasonably watertight, which is properly drained, and which is in ordinary daily use.

(5) "Aquifer" means a subsurface water-bearing geologic material that transmits water in sufficient quantities to supply a well.

**History**
- *History: 1979 AC; 1994 AACS.*

##### **Mich. Admin. Code R 325.1601a** Definitions; B {#sec-r-325.1601a omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1601a}

Rule 101a. (1) "Basement offset" means a below grade well room or pump room which has walls and a floor that are constructed of concrete or its equivalent, which is reasonably watertight, and which is attached directly to, and drained into, an approved basement in a manner that provides access for the maintenance of water supply system components.

(2) "Bedrock" means consolidated and continuous geologic material, such as limestone, dolomite, shale, sandstone, basalt, or granite.

(3) "Bentonite" means a plastic, colloidal clay which has an extensive ability to absorb fresh water and swell in volume and which is composed predominantly of the mineral montmorillonite.

(4) "Bentonite chips" means bentonite that is crushed to an approximate size range of 3/8 to 3/4 of an inch.

(5) "Bentonite grout" means a slurry which consists of bentonite and water and which has a high solids concentration and a minimum density that meets specifications approved by the department. A slurry of drilling fluid bentonite and water or drilled cuttings, either singularly or in combination, is not bentonite grout.

(6) "Bentonite pellets" means bentonite that has been processed into pellet or tablet form with a diameter of 1/4 to 1/2 of an inch.

**History**
- *History: 1994 AACS.*

##### **Mich. Admin. Code R 325.1602** Definitions; C, D {#sec-r-325.1602 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1602}

Rule 102. (1) "Casing" means an impervious durable pipe that is placed in a well to prevent the walls from caving and to prevent surface drainage, undesirable water, gas, or other fluids, from entering the well.

(2) "Coliform group" means all of the aerobic and facultative anaerobic, gram-negative, nonspore-forming, rod-shaped bacteria that ferment lactose with gas formation within 48 hours at 35 degrees Celsius.

(3) "Concrete grout" means a mixture of cement, sand, and water in the proportion of 1 bag of cement (94 pounds), an equal volume (1 cubic foot) of dry sand or gravel aggregate, and not more than 6 gallons of clean water.

(4) "Confining layer" means geologic material which has a low hydraulic conductivity, which is 5 feet or more in thickness, and which impedes or prevents vertical groundwater movement.

(5) "Contaminant" means a biological, chemical, physical, or radiological constituent in water that is or may become injurious to the public health, safety, or welfare.

(6) "Date of completion" means the date on which the installation of the pump or pumping equipment was completed, the date on which well drilling was completed if a pump or pumping equipment will not be installed or will be installed by a person other than the well drilling contractor, or the date on which the water supply system is placed into service after the collection of water samples pursuant to the provisions of R 325.1661.

(7) "Department" means the state department of public health.

(8) "Dewatering well contractor" means an individual, partnership, or corporation which is qualified to engage in dewatering well construction and dewatering well pump installation and which constructs or installs dewatering wells, plugs abandoned dewatering wells, or supervises such work.

(9) "Dewatering well pump installer" means an individual, partnership, or corporation which is qualified to engage in installing and operating dewatering pumps and which installs and operates dewatering pumps or supervises such work.

(10) "Director" means the director of the department or an authorized representative.

(11) "Drilling fluid bentonite" means bentonite that is processed into a powdered form for use as a viscosifier and filtrate reducer in drilling operations.

(12) "Dry hole" means an open borehole or cased borehole that does not produce water in sufficient quantity for the intended use.

**History**
- *History: 1979 AC; 1994 AACS.*

##### **Mich. Admin. Code R 325.1603** Definitions; G to M {#sec-r-325.1603 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1603}

Rule 103. (1) "Geologic material" means all materials that are penetrated in drilling a well.

(2) "Granular bentonite" means bentonite that has an approximate size range of 1/32 to 1/8 of an inch.

(3) "Ground surface" means the intended or actual finished grade of the surface of the ground at the well site, which shall be consistent with the surrounding land surface.

(4) "Groundwater" means the water in the zone of saturation that fills all of the pore spaces of the subsurface geologic material.

(5) "Grout" means a material that has a low permeability, such as neat cement, bentonite grout, bentonite chips, bentonite pellets, granular bentonite, or other materials which have equivalent sealing properties and which are approved in writing by the department before use.

(6) "Grouting" means the placement of grout into the annular space that surrounds a permanent casing for the purpose of sealing the annular space to prevent the entrance or migration of surface water, near surface water, and contaminants to the groundwater and to maintain the natural protection of aquifers.

(7) "Health officer" means the administrative officer who is in charge of a full-time local health department or an authorized representative.

(8) "Installation of pumps and pumping equipment" means the selection of, and procedure employed in the placement and preparation for operation of, pumps and pumping equipment, including any construction that is involved in making an entrance to the well and also means installing a pitless adapter, well cap, pump drop pipe, suction line, discharge line, water service line, or pressure tank.

(9) "Liner pipe" means a permanent casing installed within another permanent casing or open borehole subsequent to initial construction of the well.

(10) "Municipality" means a city, village, township, county, district, or other public body that is created by or pursuant to state law or any combination of such units acting cooperatively or jointly.

**History**
- *History: 1979 AC; 1994 AACS.*

##### **Mich. Admin. Code R 325.1603a** Definitions; N, O {#sec-r-325.1603a omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1603a}

Rule 103a. (1) "Neat cement" means a mixture of 1 bag of Portland or Portland Limestone cement, 94 pounds, and not more than 6 gallons of fresh water. Drilling fluid bentonite that is not more than 5% by weight of cement and additional water that is not more than 0.6 gallons for each 1% of bentonite may be added to neat cement. Other additives and admixtures must be approved by the department before use.

(2) "Overburden" means unconsolidated geologic material, such as gravel, sand, silt, and clay, that overlies bedrock.

**History**
- *History: 1994 AACS; 2023 AACS.*

##### **Mich. Admin. Code R 325.1604** Definitions; P {#sec-r-325.1604 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1604}

Rule 104. (1) "Permanent casing" means durable, impervious pipe placed or driven into the borehole and left in place to maintain the well opening.

(2) "Pitless adapter" means a device or assembly of parts which will permit water to pass through the wall of the well casing or extension thereof and which provides access to the well and to the parts of the water supply system within the well in a manner to prevent the entrance of contaminants into the well and the water produced.

(3) "Potable water" means water which is free of contaminants in concentrations that may cause disease or harmful physiological effects and which is safe for human consumption.

(4) "Pressure tank" means a closed water and air storage container that modulates the water supply system pressure within a selected range.

(5) "Priming" means the filling of a pump with water and the action of starting the flow in a pump.

(6) "Pumping equipment" means equipment or materials that are used or intended to assist a pump in withdrawing groundwater from a well, including any of the following:

(a) Seals and other safeguards to protect the water from contamination.

(b) Associated fittings.

(d) Controls to provide sanitary water storage facilities and deliver water to a distribution piping system.

(7) "Pump room" means an enclosed structure which is either above ground surface or located within or attached to an approved basement and which houses a pump or pumping equipment.

(8) "Pumping water level" means the distance measured from the ground surface to the water surface in a well that is being pumped.

(9) "PVC" means polyvinyl chloride plastic.

**History**
- *History: 1979 AC; 1994 AACS.*

##### **Mich. Admin. Code R 325.1605** Definitions; R to T {#sec-r-325.1605 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1605}

Rule 105. (1) "Recharge well," as used in section 12701 of the act, means a well used to discharge groundwater into an aquifer.

(2) "Static water level" means the distance measured from the ground surface to the water surface in a well that is neither being pumped nor under the influence of pumping.

(3) "Suction line" means a pipe or line that is connected to the inlet side of a pump or any pipe or line connected to a casing or pump which is or may be at less than atmospheric pressure (0 psig).

(4) "Sump" means a shallow excavation into the ground in which the side walls may be supported by material other than steel casing. Water may enter the sump by drainage over the ground or by seepage through the side walls and bottom.

(5) "Surface water" means water that rests or flows on the surface of the ground.

(6) "Temporarily abandoned well" means a well that is not in use, but intended by the owner to be used as a source of groundwater.

(7) "Temporary casing" means durable pipe placed or driven into a borehole to maintain an open annular space around the permanent casing during construction of a well.

(8) "Test well," as used in section 12701 of the act, means a well that is used to obtain information on groundwater quantity, quality, or aquifer characteristics for the purpose of designing or operating a water supply well.

**History**
- *History: 1979 AC; 1994 AACS.*

##### **Mich. Admin. Code R 325.1606** Definitions; V to Y {#sec-r-325.1606 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1606}

Rule 106. (1) "Wastewater" means a liquid waste that includes any of the following:

(a) Human excreta.

(b) Wastes from a sink, lavatory, bathtub, shower, or laundry.

(2) "Water supply system" means a well, pump, and pumping equipment.

(3) "Well," as defined in section 12701 of the act, also includes all of the following:

(a) "Water supply well," which means a well that is used to provide potable water for drinking or domestic purposes.

(b) "Irrigation well," which means a well that is used to provide water for plants, livestock, or other agricultural processes.

(c) "Heat exchange well," which means a well for the purpose of utilizing the geothermal properties of earth formations for heating or air conditioning.

(d) "Industrial well," which means a well that is used to supply water for industrial processes, fire protection, or similar nonpotable uses.

(4) "Well drilling" means any of the following:

(a) Constructing, reconstructing or repairing a well.

(b) Operating a well drilling machine.

(d) Well grouting.

(e) Well development.

(f) Well rehabilitation.

(g) Hydrofracturing.

(h) Chemical treatment of a well.

(i) Plugging abandoned wells.

(5) "Well house" means an enclosed structure which is located above the ground surface and which houses a well or water supply system.

(6) "Well log" or "water well record" means a record of information about a specific well as provided for in section 12707 of the act.

(7) "Well seal" means a device to prevent the entrance of contaminants into the top of a well casing.

(8) "Well used temporarily for dewatering," as used in section 12701 of the act, means a well that is used to lower the groundwater level temporarily at a construction site.

(9) "Vent" means an outlet which is at the upper terminal of a well casing and which allows the equalization of air pressure in the well.

**History**
- *History: 1979 AC; 1994 AACS.*

##### **Mich. Admin. Code R 325.1607** Terms defined in the act {#sec-r-325.1607 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1607}

Rule 107. The terms defined in the act have the same meanings when used in these rules.

**History**
- *History: 1994 AACS.*

##### **Mich. Admin. Code R 325.1608** Authorized activities {#sec-r-325.1608 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1608}

Rule 108. (1) A registered well drilling contractor may perform the well drilling activities that are set forth in R 325.1606(4) and pump installation activities that are set forth in R 325.1603(8).

(2) A registered pump installer may perform the pump installation activities that are set forth in R 325.1603(8), but shall not perform well drilling activities that are set forth in R 325.1606(4).

**History**
- *History: 1994 AACS.*

##### **Mich. Admin. Code R 325.1610** Adoption of standards and specifications {#sec-r-325.1610 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1610}

Rule 110. (1) These rules refer to the following standards and specifications of nationally recognized organizations or associations that are in effect and adopted by reference in these rules:

(a) The following ASTM International standards, which are available for purchase from ASTM International, 100 Bar Harbor Drive, PO Box C700, West Conshohocken, Pennsylvania 19428-2959:

(i) ASTM specification A 53-90b, “Standard Specification for Pipe, Steel, Black and Hot-Dipped, Zinc-Coated Welded and Seamless."

(ii) ASTM specification A 106-91, "Standard Specification For Seamless Carbon Steel Pipe for High Temperature Service."

(iii) ASTM specification A 589-89a, "Standard Specification for Seamless and Welded Carbon Steel Water-Well Pipe."

(iv) ASTM specification F 480-90, “Standard Specification for Thermoplastic Water Well Casing Pipe and Couplings Made in Standard Dimension Ratios (SDR)."

(v) ASTM specification D 1785-91, "Standard Specification for Poly (Vinyl Chloride)

(PVC) Plastic Pipe Schedules 40, 80, and 120."

(vi) ASTM specification D 2239-89, “Standard Specification for Polyethylene (PE)

Plastic Pipe (SIDR-PR) Based on Controlled Inside Diameter."

(vii) ASTM specification D 2241-89, “Standard Specification for Poly(Vinyl Chloride)

(PVC) Pressure-Rated Pipe (SDR Series)."

(viii) ASTM specification D 2662-89, “Standard Specification for Polybutylene (PB)

Plastic Pipe Based on Controlled Inside Diameter."

(ix) ASTM specification D 2666-89, "Standard Specification for Polybutylene (PB)

Plastic Tubing."

(x) ASTM specification D 2737-89, "Standard Specification for Polyethylene (PE)

Plastic Tubing."

(xi) ASTM specification C 150-89, "Standard Specification for Portland Cement."

(xii) ASTM specification C 595/C 595M-21, “Standard Specification for Blended Hydraulic Cements.”

(b) American petroleum institute (API) specification 5L, 1990, "Specification for Line Pipe," and the API “Specification for Materials and Testing for Well Cements," API specification 10, 1990, which are available for purchase from the American Petroleum Institute, 1220 L Street, Northwest, Washington, DC 20005.

(c) American national standards institute (ANSI)/NSF "Standard Number 60 for Drinking Water Treatment Chemicals - Health Effects," 1988, and ANSI/NSF "Standard Number 61 for Drinking Water System Components - Health Effects," 1990, and ANSI/NSF "Standard Number 14 for Plastic Piping Components and Related Materials," 1989, which are available for purchase from the NSF, 3475 Plymouth Road, P. O. Box 1468, Ann Arbor, Michigan 48106.

(2) The standards and specifications adopted by reference in subrule (1) of this rule are available for inspection at the office of the Michigan Department of Environment, Great Lakes, and Energy, Drinking Water and Environmental Health Division, 525 West Allegan, PO Box 30817, Lansing, Michigan 48909-8311.

**History**
- *History: 1994 AACS; 2023 AACS.*

##### **Mich. Admin. Code R 325.1611** Application of rules to existing water supplies {#sec-r-325.1611 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1611}

Rule 111. (1) When extensive changes or repairs are made to a water supply system that was constructed before the effective date of these amendatory rules, the changes or repairs shall be in compliance with the provisions of these rules unless a deviation is issued pursuant to the provisions of R 325.1613. Extensive changes include replacing the entire casing, removing a casing from the ground, or changing aquifers.

(2) Upgrading a water supply system to conform with these rules is not required when minor repairs to the system occur, such as any of the following:

(a) Replacing a telescoped well screen.

(b) Changing screen elevation.

(d) Installing a liner pipe.

(e) Replacing a pump, controls, pump drop pipe, or pressure tank.

(f) Chemical treatment of the well or well disinfection.

**History**
- *History: 1979 AC; 1994 AACS.*

##### **Mich. Admin. Code R 325.1612** Compliance with regulations and local codes {#sec-r-325.1612 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1612}

Rule 112. A person who installs a well, pump, or pumping equipment shall comply with applicable laws, regulations, ordinances, and codes, including all of the following:

(a) Act No. 399 of the Public Acts of 1976, as amended, being §325.1001 et seq. of the Michigan Compiled Laws. (safe drinking water act)

(b) Act No. 266 of the Public Acts of 1929, as amended, being §338.901 et seq. of the Michigan Compiled Laws. (state plumbing code)

(c) Act No. 154 of the Public Acts of 1974, as amended, being §408.1001 et seq. of the Michigan Compiled Laws. (occupational safety and health act)

(d) Act No. 53 of the Public Acts of 1974, as amended, being §460.701 et seq. of the Michigan Compiled Laws. (utility damage prevention act)

(e) Act No. 217 of the Public Acts of 1956, as amended, being §338.881 et seq. of the Michigan Compiled Laws. (electrical administrative act)

(f) Act No. 331 of the Public Acts of 1976, as amended, being §445.901 et seq. of the Michigan Compiled Laws. (consumer protection act)

(g) Any local code of a municipality which regulates the installation of a well, pump, or pumping equipment and which is not less restrictive than these rules. If a local board of health, in the discharge of its duties to protect the public health, deems it necessary to establish requirements that are more stringent than these rules, it shall do so and file a record of the requirements with the director. Well drilling contractors who drill wells in the counties that are affected by the more stringent requirements shall be notified, in writing, by the department or local health department not less than 5 days before the effective date of the modified requirements.

**History**
- *History: 1979 AC; 1994 AACS.*

##### **Mich. Admin. Code R 325.1613** Deviations from minimum standards {#sec-r-325.1613 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1613}

Rule 113. (1) A health officer, in the discharge of his or her duty to protect the public health, may issue a deviation from the provisions of specific rules as provided for in this rule, if the spirit and intent of these rules are observed and the public health, safety, and welfare are assured.

(2) Rules or parts of rules, specific minimum standards, requirements, and conditions for which deviations may be permitted are as follows:

(a) The provisions of R 325.1611(1) may be deviated from to permit a water service line to remain in a condition that is not in compliance with the provisions of these rules when extensive changes or repairs to a water supply system are made if the water service line is located beneath a permanent structure or pavement.

(b) The provisions of R 325.1622 may be deviated from as follows:

(i) A well may be located closer than the specified minimum distance to a potential or known source of contamination if the dimensions of the property on which the well is to be located do not permit compliance with the specified minimum distances and if any of the following conditions exist:

(A) Hydrogeologic data indicate that the direction of groundwater flow at the contamination source is away from the well.

(B) The depth of the well and depth of grouting of the casing that is specified by a health officer as a condition of the deviation will provide equivalent protection of groundwater quality and the public health.

(C) The well is being constructed to replace an existing water supply well that is located on a site where a habitable structure exists.

(ii) A well may be required to be located more than the specified minimum distance from a potential or known source of contamination if the minimum specified distance will not protect groundwater quality or the public health due to local groundwater conditions, geology, or other factors.

(iii) A well may be located closer than the specified minimum distance, but not closer than 10 feet, to a pressurized sewer that meets all of the following requirements:

(A) The sewer pipe and joints have been pressure tested, after installation, to not less than 100 pounds per square inch and have been determined to be watertight.

(B) The sewer pipe and joints meet or exceed the standards of ASTM specification D 1785-91 or D 2241-89. The specifications are adopted by reference in R 325.1610.

(iv) A health officer may require a study of the hydrogeological conditions of a site to support a deviation issued pursuant to the provisions of this subrule.

(c) The provisions of R 325.1624(1)(a) may be deviated from to permit a well to be located closer than 3 feet to a building, pump room, or any projection thereof if all of the following conditions exist:

(i) The well is replacing an abandoned well.

(ii) The dimensions and features of the property on which the well is to be constructed do not permit location of the well to be in compliance with the specified minimum distance.

(iii) Access for maintenance of the well is provided.

(d) The provisions of R 325.1632(3) may be deviated from to permit a well casing to extend less than 25 feet below the ground surface if the well will not be used to supply water to habitable structures or for human consumption and if both of the following conditions exist:

(i) The well and water supply system are clearly and permanently identified as not being suitable for human consumption or body contact.

(ii) The well and water supply system are separated from any potable water supply system on the premises.

(e) The provisions of R 325.1632(3) may be deviated from to permit a well casing to extend less than 25 feet below the ground surface if there is reason to believe that potable water of suitable quantity does not exist at a reasonable depth of more than 25 feet and if either of the following conditions exists:

(i) The distance between the well and a potential or known source of contamination is increased pursuant to the provisions of subdivision (b)(ii) of this subrule.

(ii) A confining layer is present above the aquifer that will be used by the shallow well.

(f) The provisions of R 325.1634a(1) may be deviated from to permit the length of casing to be grouted for rotary-bored or augered wells to be decreased if the well is more than 100 feet deep and if a confining layer is not penetrated.

(g) The provisions of R 325.1637 may be deviated from to require that a well casing extend more than 25 feet below the ground surface if there is reason to believe that nonpotable water is or may be present in the upper bedrock.

(h) The provisions of R 325.1638(2) may be deviated from to permit flowing well discharge if the well owner or the well owner's representative demonstrates any of the following:

(i) Control of the flow is not practical.

(ii) Control of the flow will likely result in the production of sand or turbidity in the water.

(iii) The discharge is for a beneficial use.

(3) Deviations from the rules listed in subrule (2) of this rule shall be made, in writing, by a health officer and shall state the reasons for each deviation. A health officer may require special well construction features as a condition for the issuance of a deviation and may require well construction features that are more stringent than these rules when deemed necessary to protect the groundwater quality or the public health. Reasons for the issuance of a deviation or special well construction features as a condition for the issuance of a deviation by a health officer shall be based upon any of the following factors:

(a) Site hydrogeology.

(b) Site topography.

(d) Soil characteristics.

(e) Depth of well.

(f) Type of well.

(g) Well pumping rate.

(h) Well drilling method.

(i) Distance from contamination sources.

(j) Presence of groundwater contamination.

(k) Other similar factors.

**History**
- *History: 1994 AACS.*

##### **Mich. Admin. Code R 325.1621** Location and construction of wells generally {#sec-r-325.1621 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1621}

Rule 121. (1) All of the following provisions apply to well location:

(a) A well shall be located with due consideration of all of the following:

(i) Lot size.

(ii) Hydrogeology.

(iii) Site topography.

(iv) Soil characteristics.

(v) Other factors that are necessary to implement the provisions of these rules.

(b) A well shall be located so that the well and its surrounding area can be kept in a sanitary condition.

(d) A well shall be located so that damage and personal injury do not result from contact with utilities during the construction or service of the well.

(2) A well shall be adequate in size, design, and development for the intended use giving due consideration to local groundwater conditions.

(3) All of the following provisions apply to well construction:

(a) A well shall be constructed to maintain existing natural protection against the contamination of aquifers.

(b) A well shall be constructed to exclude all known sources of contamination from the well.

**History**
- *History: 1979 AC; 1994 AACS.*

##### **Mich. Admin. Code R 325.1622** Wells; distances from contamination sources {#sec-r-325.1622 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1622}

Rule 122. (1) A well that furnishes water for any beneficial use shall be located where it is not subject to contamination. Groundwater contaminant movement is influenced by the type of contaminant, groundwater flow direction and velocity, and other hydrogeologic, geologic, and geochemical factors. If available, hydrogeologic data shall be used to select well location. Where possible, a well shall be located upgradient of a potential or known source of contamination. A well shall be located the maximum practical distance from a potential or known source of contamination. The following minimum horizontal distances shall be maintained when locating a well:

(a) Eight hundred feet from either of the following:

(i) The active work area of a landfill, as defined in R 299.4101.

(ii) Land surface application of septage waste, as defined by section 2 of Act No. 181 of the Public Acts of 1986, being §325.312 of the Michigan Compiled Laws.

(b) Three hundred feet from any of the following:

(i) Land application or subsurface injection of effluent or digested sludge from a municipal wastewater treatment facility.

(ii) Oil and gas wells.

(iii) Petroleum product processing or storage facilities.

(iv) Underground or abovegrade storage tank systems of not less than 1100 gallons which are regulated under Act No. 423 of the Public Acts of 1984, as amended, being §299.701 et seq. of the Michigan Compiled Laws, when secondary containment as defined by Act No. 423 of the Public Acts of 1984, as amended, is not provided.

(c) One hundred and fifty feet from a preparation or storage area for fertilizers, agricultural chemicals, or other chemicals that might contaminate the soil or groundwater.

(d) Fifty feet from any of the following:

(i) A buried sewer, other than a sewer that is specified in subdivision (g) of this subrule.

(ii) A septic tank.

(iii) A subsurface disposal field.

(iv) A dry well.

(v) A sewage pump chamber.

(vi) A pressurized sewer.

(vii) A grease trap.

(viii) A seepage pit.

(ix) A cesspool.

(x) An animal or poultry yard.

(xi) An outhouse.

(xii) Any other wastewater handling or disposal unit or site of liquid wastes draining into the soil.

(e) Fifty feet from underground or abovegrade storage tank systems which have a capacity of not less than 1,100 gallons, which are regulated pursuant to the provisions of Act No. 423 of the Public Acts of 1984, as amended, being §299.701 et seq. of the Michigan Compiled Laws, and which have secondary containment as defined in Act No. 423 of the Public Acts of 1984, as amended.

(f) Fifty feet from underground or abovegrade storage tank systems which have a capacity of less than 1,100 gallons and which store motor or heating fuels for noncommercial purposes or consumptive use on the premises where the fuel is stored.

(g) Ten feet from any of the following:

(i) A buried gravity-flow sewer that is constructed of service weight or heavier ductileiron pipe with watertight joints, schedule 40 PVC plastic with watertight joints, or other material and joints that are approved, in writing, by the director.

(ii) A sump, pit, or unfilled space that is below the ground surface, except for a crawl space.

(iii) A surface water body, such as a lake, pond, river, or stream.

(2) The health officer who is responsible for enforcement of this rule may deviate from the minimum isolation distances in this rule pursuant to the provisions of R 325.1613, either increasing or decreasing the minimum isolation distances for individual well installations.

(3) A well that serves a public water supply, as defined pursuant to the provisions of Act No. 399 of the Public Acts of 1976, as amended, being §325.1001 et seq. of the Michigan Compiled Laws, shall be isolated from contamination sources in accordance with requirements specified in R 325.10101 et seq.

(4) A well owner shall be responsible for maintaining the isolation distances that are specified in the provisions of R 325.1622 and R 325.1624 for property that is owned by the well owner.

**History**
- *History: 1979 AC; 1994 AACS.*

##### **Mich. Admin. Code R 325.1624** Wells; relation to buildings and access for maintenance {#sec-r-325.1624 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1624}

Rule 124. (1) A well shall be located not less than 3 feet horizontally from a building, pump room, or any projection thereof, unless a deviation is issued pursuant to the provisions of R 325.1613.

(2) A well shall be accessible for cleaning, treatment, repair, testing, inspection, and other attention as may be necessary. A well owner shall maintain access to a well for a well drilling machine.

**History**
- *History: 1979 AC; 1994 AACS.*

##### **Mich. Admin. Code R 325.1625** Wells; areas subject to flooding {#sec-r-325.1625 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1625}

Rule 125. (1) A well shall not be located in an area that is subject to flooding unless the well is protected as prescribed, in writing, by the health officer.

(2) A well owner shall grade the ground surface that is immediately adjacent to the well casing so surface water is diverted away from the well.

**History**
- *History: 1979 AC; 1994 AACS.*

##### **Mich. Admin. Code R 325.1626** Construction of wells; steel casing {#sec-r-325.1626 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1626}

Rule 126. (1) Steel pipe that is used as permanent well casing shall be new pipe that is manufactured in compliance with the standards of ASTM specification A 53-90b, A 106- 91, or A 589-89a or in compliance with the standards of API specification 5L-90. The specifications are adopted by reference in R 325.1610.

(2) Steel pipe that is used as permanent well casing shall be at least standard weight or schedule 40 through 10 inches inside diameter. Larger diameter pipe shall be at least standard weight. Weights and dimensions of standard weight or schedule 40 pipe are set forth in ASTM specification A 53-90b, A 106-91, and A 589-89a, API 5L-90 specification, and in table 1.

Table 1 Steel Well Casing Pipe Weights and Dimensions* Nominal Weight Lbs. Per Ft. Wall Outside Inside Pipe Size Weight/ Plain Threaded/ Thickness Diameter Diameter (Inches) Schedule End Couplings (Inches) (Inches) (Inches) 1 1/4 Std./40 2.27 2.30 .140 1.660 1.380 1 1/2 " 2.72 2.75 .145 1.900 1.610 2 " 3.65 3.75 .154 2.375 2.067 2 1/2 " 5.79 5.90 .203 2.875 2.469 3 " 7.58 7.70 .216 3.500 3.068 3 1/2 " 9.11 9.25 .226 4.000 3.548 4 " 10.79 11.00 .237 4.500 4.026 5 " 14.62 15.00 .258 5.563 5.047 6 " 18.97 19.45 .280 6.625 6.065 8 " 28.55 29.35 .322 8.625 7.981 10 " 40.48 41.85 .365 10.750 10.020 12 Std. 49.56 51.15 .375 12.750 12.000 14 " 54.57 57.00 .375 14.000 13.250 16 " 62.58 65.30 .375 16.000 15.250 18 " 70.59 73.00 .375 18.000 17.250 20 " 78.60 81.00 .375 20.000 19.250 24 " 94.62 - .375 24.000 23.250 * Dimensions and tolerances are listed in the specifications adopted in R 325.1610.

(3) Each length of steel pipe that is used as permanent well casing shall be legibly marked, by the manufacturer, with all of the following information:

(a) The name of the manufacturer.

(b) The kind of pipe (continuous welded, electric resistance welded, or seamless).

(d) The nominal or outside diameter.

(e) The specification number.

(f) The length.

(g) The heat or lot number.

**History**
- *History: 1994 AACS.*

##### **Mich. Admin. Code R 325.1627** Construction of wells; steel casing and types of joints {#sec-r-325.1627 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1627}

Rule 127. (1) Steel pipe that is used as permanent well casing shall be watertight throughout its length and shall have threaded or welded joints.

(2) Couplings that are used on threaded steel casing shall be recessed or reamed and drifted couplings that are manufactured in compliance with the standards of ASTM specification A 589-89a or API specification 5L-90. The specifications are adopted by reference in R 325.1610. Couplings shall have a design, taper, and type of thread that is consistent with the thread of the pipe and threads shall not be exposed on the pipe.

(3) Welded joints shall be in compliance with the specifications of table 2 and provide a structurally sound and watertight joint. Pipe ends shall be free of oil, grease, heavy rust, paint, or other foreign materials, except for tightly adherent mill scale. The weld bead shall be chipped and brushed to remove slag and other extraneous materials between passes.

Table 2 Minimum Number of Passes for Welding Steel Casing Pipe Diameter Minimum Number (inches) passes 4 2 5 2 6 3 8 3 10 or larger 4

**History**
- *History: 1994 AACS.*

##### **Mich. Admin. Code R 325.1631** Rescinded {#sec-r-325.1631 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1631}

**History**
- *History: 1979 AC; 1994 AACS.*

##### **Mich. Admin. Code R 325.1631a** Construction of wells; PVC casing dimensions {#sec-r-325.1631a omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1631a}

Rule 131a. (1) PVC pipe that is used as permanent casing shall be new pipe that is manufactured in compliance with the standards of ASTM specification F 480-90, which is adopted by reference in R 325.1610.

(2) PVC pipe that is used as permanent casing shall be SDR 21 or heavier. PVC pipe that is installed at depths of more than 200 feet shall be SDR 17 or heavier.

(3) PVC pipe that is used as permanent well casing shall have an outside diameter and minimum wall thickness as specified in table 3. Dimensional standards for PVC pipe are specified in ASTM specification F 480-90.

Table 3 Diameter and Wall Thickness of PVC Well Casing and Liners Minimum Wall Nominal Thickness Pipe Size Outside Diameter (inches)

(inches) (inches) SDR 21 SDR 17 2 Liner Pipe 2.375 .113 .140 3 Only 3.500 .167 .206 4 4.500 .214 .265 5 5.563 .265 .327 6 6.625 .316 .390 8 8.625 .410 .508 10 10.750 .511 .632 12 12.750 .606 .750 14 14.00 .667 -- 16 16.00 .762 --

**History**
- *History: 1994 AACS.*

##### **Mich. Admin. Code R 325.1631b** Construction of wells; PVC casing material standards {#sec-r-325.1631b omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1631b}

Rule 131b. (1) PVC pipe that is used as permanent casing shall be new pipe that is in compliance with ASTM specification F 480-90, which is adopted by reference in R 325.1610.

(2) Each length of PVC pipe that is used as permanent well casing shall be legibly marked, by the manufacturer, with all of the following information:

(a) The nominal pipe size.

(b) The standard dimension ratio (SDR).

(d) The wording "well casing."

(e) The impact classification (IC).

(f) A designation that the pipe is in compliance with the provisions of ASTM specification F 480-90.

(g) The manufacturer's name or trademark.

(h) The manufacturer's code for resin manufacture.

(i) The lot number and date of manufacture.

(j) A certification mark that verifies that the pipe is in compliance with the provisions of ANSI/NSF standard 14.

(3) Casing pipe that is manufactured from thermoplastic materials other than PVC shall be in compliance with the provisions of ASTM specification F 480-90, which is adopted by reference in R 325.1610, and shall be used only with the written prior approval of the director.

**History**
- *History: 1994 AACS.*

##### **Mich. Admin. Code R 325.1631c** Construction of wells; PVC well casing joints {#sec-r-325.1631c omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1631c}

Rule 131c. (1) PVC well casing joints shall be deep socket bell ends or couplings that are manufactured in accordance with ASTM specification F 480-90, which is adopted by reference in R 325.1610.

(2) PVC casing fittings shall be legibly marked with all of the following information:

(a) The nominal well casing pipe coupling size.

(b) The type of plastic.

(d) The manufacturer's name or trademark.

(e) A certification mark that verifies that the fittings are in compliance with the provisions of ANSI/NSF standard 14.

(3) PVC well casing joints shall be formed utilizing a 2-step solvent cementing process that is consistent with the provisions of ASTM specification F 480-90. The pipe ends shall be free of burrs, dust, or moisture that might interfere with the solvent weld. A primer or welding solvent shall be used before cementing. The primer, welding solvent, and solvent cement shall be compatible with the pipe being coupled and the ambient temperature at the time of use and shall be in compliance with the provisions of R 325.1640.

(4) Screws or similar mechanical fasteners shall not be used for joining PVC well casing.

(5) PVC well casing joints which are not of a bell end configuration or are not made utilizing a 2-step solvent cementing process shall be approved, in writing, by the director before use.

**History**
- *History: 1994 AACS.*

##### **Mich. Admin. Code R 325.1631d** Construction of wells; examination of pipe {#sec-r-325.1631d omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1631d}

Rule 131d. Pipe which is intended for water well use and which is sold within the state, regardless of specification designation, shall be subject to random examination by the director. Any lot of pipe that contains defective lengths or lengths which are not in compliance with the specifications required in these rules shall not be used in the construction of a well.

**History**
- *History: 1994 AACS.*

##### **Mich. Admin. Code R 325.1632** Construction of wells; casing diameter, depth, termination, and installation procedures {#sec-r-325.1632 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1632}

Rule 132. (1) Steel pipe that is used as permanent casing shall have an inside diameter of not less than 2 inches, except as provided in R 325.1632a.

(2) PVC pipe that is used as permanent casing shall have an inside diameter of not less than 5 inches, except if the pipe is installed as liner pipe. PVC well casing shall be installed only in an oversized borehole without driving.

(3) A casing shall extend not less than 25 feet below, and terminate not less than 12 inches above, the ground surface. A well that has less than 26 feet of casing shall not be used without obtaining written approval from the health officer pursuant to the provisions of R 325.1613.

(4) The top 25 feet of a well casing shall not be used as a suction line unless the well casing is protected by a standard weight or heavier outer casing. The top of both casings shall be finished pursuant to the provisions of R 325.1641 and R 325.1643.

(5) A driven steel permanent casing shall be protected by a drive shoe.

(6) In a paved area, the health officer may approve, in writing, a casing termination of 2 inches or more above the ground surface if the area is not subject to flooding, if the connections and openings are threaded or welded and watertight, and if acceptable casing venting is provided.

**History**
- *History: 1979 AC; 1994 AACS.*

##### **Mich. Admin. Code R 325.1632a** Construction of wells; driven well points {#sec-r-325.1632a omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1632a}

Rule 132a. (1) Steel pipe that is used as permanent casing for a driven well point shall not be less than 1 1/4 inches inside diameter.

(2) A driven well point shall not be used as a water supply well without the written approval of the health officer.

**History**
- *History: 1994 AACS.*

##### **Mich. Admin. Code R 325.1633** Rescinded {#sec-r-325.1633 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1633}

**History**
- *History: 1979 AC; 1994 AACS.*

##### **Mich. Admin. Code R 325.1633a** Construction of wells; grouting {#sec-r-325.1633a omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1633a}

Rule 133a. (1) Shale traps, cementing baskets, packers, or other devices must not be used to suspend grout above an open annular space. Excessive development, washing, shoveling of cuttings, or other similar activities must not be used to induce collapse of the borehole wall or to reduce the amount of open annular space surrounding a permanent casing.

(2) Neat cement or bentonite grout must be placed through the permanent casing or a grout pipe from the bottom of the annular space upward to the ground surface in a continuous operation without interruption. The density of grout flowing from the annular space at the ground surface must be the density of the grout being pumped in.

(3) A permanent casing must be installed in a borehole that has a diameter of not less than 2 inches larger than the nominal size of the permanent casing, except as provided in subrule (4) of this rule and R 325.1635.

(4) When grout is placed through a grout pipe outside the permanent casing, the borehole diameter must be not less than 2-7/8 inches larger than the nominal casing size.

(5) An annular space between a permanent casing and temporary casing must be grouted during temporary casing removal by pumping neat cement or bentonite grout, or by pouring bentonite chips, bentonite pellets, or granular bentonite, into the annular space. Granular bentonite must not be poured into an annular space that contains drilling fluid or water.

(6) Neat cement must be allowed to set a minimum of 24 hours when standard type I, type IL, type Ia, type ILA, high-early type III, or type ILHE cement is used. If bentonite is added to neat cement, the grout must be allowed to set a minimum of 48 hours before drilling operations are resumed.

**History**
- *History: 1994 AACS; 2023 AACS.*

##### **Mich. Admin. Code R 325.1634** Rescinded {#sec-r-325.1634 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1634}

**History**
- *History: 1979 AC; 1994 AACS.*

##### **Mich. Admin. Code R 325.1634a** Construction of wells; grouting rotary-bored or augered wells {#sec-r-325.1634a omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1634a}

Rule 134a. (1) A well that is constructed by rotary, auger, or other drilling method where the permanent casing is placed in an oversized borehole shall be grouted with neat cement or bentonite grout, pursuant to the provisions of R 325.1633a, the entire length of the casing. If a well screen is installed, the annular space shall be grouted from a point not more than 10 feet above the top of the well screen up to the ground surface.

(2) The depth of grouting may be decreased by the health officer pursuant to the provisions of R 325.1613(2)(f).

**History**
- *History: 1994 AACS.*

##### **Mich. Admin. Code R 325.1635** Construction of wells; grouting driven casing wells {#sec-r-325.1635 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1635}

Rule 135. A well that is constructed by cable tool, hollow rod, jetting, or other drilling method where the permanent casing is driven shall be grouted pursuant to either of the following provisions:

(a) Where temporary casing or oversized borehole is not used or where the temporary casing or oversized borehole is less than 25 feet in depth, dry granular bentonite shall be maintained around the permanent casing as it is being driven.

(b) By installing a temporary casing or oversized borehole not less than 3 inches larger than the nominal size of the permanent casing and extending not less than 25 feet below the established ground surface and grouting the annular space surrounding the permanent casing pursuant to the provisions of R 325.1633a.

**History**
- *History: 1979 AC; 1994 AACS.*

##### **Mich. Admin. Code R 325.1636** Rescinded {#sec-r-325.1636 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1636}

**History**
- *History: 1979 AC; 1994 AACS.*

##### **Mich. Admin. Code R 325.1637** Construction of bedrock wells {#sec-r-325.1637 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1637}

Rule 137. (1) Where bedrock is encountered within 25 feet of the ground surface, an oversized borehole shall be drilled and the permanent casing shall be grouted with neat cement for a minimum depth of 25 feet.

(2) In an area where a well can be developed only in fractured, jointed, or cavernous bedrock, the casing may terminate in the formation if there is not less than 25 feet of soil above the bedrock, if there is no record of the bedrock containing contaminated water, and if geologic conditions offer no natural direct surface or near surface water inlets into the bedrock aquifer. Where there is less overburden and deeper strata will not produce potable water, the well owner shall obtain written approval from the health officer for water treatment and well construction features that are necessary to provide a safe supply.

(3) Hydraulic fracturing of bedrock is not permitted without the prior written approval of the health officer.

**History**
- *History: 1979 AC; 1994 AACS.*

##### **Mich. Admin. Code R 325.1637a** Verification of well grouting {#sec-r-325.1637a omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1637a}

Rule 137a. Where the department or health officer determines that any of the following conditions exist, the well drilling contractor may be required to excavate the well head for inspection:

(a) A visible open annular space surrounding a well casing.

(b) Failure to detect, using a soil probe, excavation, geophysical logging, or other methods, grout 2 feet or more below the water service line connection to the casing.

(c) Placement of tracer dye around the casing at or near the ground surface with subsequent detection of the dye in the well water.

(d) Receipt of a well log which indicates that the well has not been grouted or which lacks information or contains incomplete information pertaining to grouting of the well.

**History**
- *History: 1994 AACS.*

##### **Mich. Admin. Code R 325.1638** Construction of flowing artesian wells {#sec-r-325.1638 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1638}

Rule 138. (1) A well that is constructed in a location where flowing artesian conditions are encountered or are expected to occur shall be grouted to protect the artesian aquifer, prevent erosion of overlying geologic materials, and confine the flow to within the casing.

(2) Flowing well discharge control shall be provided to conserve groundwater and to prevent the loss of artesian head by preventing or reducing continuous discharges, unless a deviation is issued pursuant to the provisions of R 325.1613. Flow control shall consist of valved pipe connections, watertight pump connections, a receiving tank that is set at an altitude corresponding to that of the artesian head, a flowing well pitless adapter, a packer, or other method approved by the health officer. A flow discharge pipe, where installed, shall not be directly connected to a sewer or other source of contamination.

**History**
- *History: 1979 AC; 1994 AACS.*

##### **Mich. Admin. Code R 325.1639** Construction of wells; well screens; lead packers, lead plugs, lead wool and certain drilling fluids prohibited; requirements for steel pipe used as screen riser pipes, blanks, or tailpipes; well pumping rate; temporary capping; well alignment; drilling water; requirements when using chlorine or other well rehabilitation chemicals {#sec-r-325.1639 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1639}

Rule 139. (1) A water supply well that is installed in unconsolidated sand and gravel aquifers shall ordinarily be fitted with a screen that has openings which are properly sized so that the aquifer can be properly developed to produce sand-free water at the pumping rate of the permanent pump. A well screen, where installed on a casing that is less than 4 inches inside diameter, shall be telescoped and removable, except for a driven well point that is installed pursuant to the provisions of R 325.1632a.

(2) Lead packers, lead plugs, or lead wool shall not be used as a well component.

(3) Drilling fluids or additives that contain guar gum or other biodegradable organic materials shall not be used during the drilling of a well.

(4) Steel pipe that is used as well screen riser pipes, blanks, or tailpipes shall be in compliance with the minimum weight, dimension, and material standards for well casing that are listed in the provisions of R 325.1626 and R 325.1627.

(5) A new, repaired, or reconditioned well shall be developed and pumped to waste at a pumping rate which equals or exceeds that of the permanent pump, until the water is as clear as is reasonably possible considering the groundwater conditions in the area. The permanent pump shall not be used to develop the well without the owner's consent.

(6) Temporary capping of a well until the pumping equipment is installed shall be provided to prevent contaminants from entering the well.

(7) A well shall be sufficiently straight and vertical to allow normal installation and operation of the pump.

(8) Water that is used for drilling purposes, other than water from the well itself, shall be potable water that contains a free chlorine residual of not less than 10 parts per million at the time of use and shall be conveyed in containers that are clean and capable of being maintained in a clean condition. Surface water shall not be used for drilling purposes unless it is obtained from a municipal water supply system.

(9) When chlorine is placed into a water supply system pursuant to the provisions of R 325.1661 or when well rehabilitation chemicals are used, the well drilling contractor or pump installer shall provide notification to the well owner or building occupants or shall make the system inoperable during the treatment period.

**History**
- *History: 1979 AC; 1994 AACS.*

##### **Mich. Admin. Code R 325.1640** Certification of water well components {#sec-r-325.1640 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1640}

Rule 140. (1) Water supply system components that are in contact with groundwater must be free of materials that may adversely affect the aquifer or water pumped from the well and must not support microbiological growth.

(2) After the effective date of this rule, an individual shall not use the following water well components unless they are in compliance with or surpass ANSI/NSF standard 14, 60, or 61, ASTM specification C 150, ASTM Specification C 595, or section 10 of API specification 10, as adopted by reference in R 325.1610:

(a) Drilling fluids, grouts, and casing sealing materials.

(b) Additives to drilling fluids, grouts, and casing sealing materials.

(d) Solvent cements, primers, cleaners, or other compounds that are used with PVC pipe.

(e) Bladders, diaphragms, coatings, or lining materials that are in contact with water in a pressure or storage tank.

(f) Chemicals that are used for the development, maintenance, treatment, disinfection, or rehabilitation of a water well, except for sodium hypochlorite or calcium hypochlorite.

(3) Acceptable water well components under ASTM specification C 595 are limited to the classification of product commonly known as Type IL-Portland-limestone cement.

**History**
- *History: 1994 AACS; 2023 AACS.*

##### **Mich. Admin. Code R 325.1641** Abovegrade well casing connections {#sec-r-325.1641 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1641}

Rule 141. An abovegrade connection into the top or side of a well casing shall be not less than 12 inches above the ground surface and shall be constructed to exclude dirt or other foreign matter, through 1 or more of the following methods, as applicable:

(a) A threaded connection.

(b) A welded connection.

(d) Bolted flanges with rubber gaskets.

(e) A weathertight, vermin-proof well cap.

(f) Extension of the casing at least 1 inch into the base of a power pump mounted on and sealed to a concrete pedestal.

**History**
- *History: 1979 AC; 1994 AACS.*

##### **Mich. Admin. Code R 325.1642** Belowground well casing connections {#sec-r-325.1642 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1642}

Rule 142. (1) A connection to a well casing that is made below the ground, or less than 12 inches above the ground surface, shall be protected by approved threaded or welded joints or by an approved pitless adapter. A belowground connection shall not be submerged in water during installation.

(2) Clamp-on, saddle-style pitless adapters shall have both gaskets pressurized by water from the pump so that any water leakage will be from the pressure system outward. A pitless adapter shall provide complete clearance within the internal diameter of the casing and shall vent the casing if required by the provisions of R 325.1657. A person shall not install a pitless adapter that has not been approved, in writing, by the department.

**History**
- *History: 1979 AC; 1994 AACS.*

##### **Mich. Admin. Code R 325.1643** Well casing seals and connections; other methods {#sec-r-325.1643 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1643}

Rule 143. Any other method of connection to a well casing shall be approved in writing by the director before installation.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.1651** Construction of room housing pumping equipment or well casing; location of pump or pumping equipment in single-family dwelling permitted; access required for repair and maintenance of water supply system components {#sec-r-325.1651 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1651}

Rule 151. (1) A room that houses pumping equipment or the top of a well casing shall be constructed above the ground surface; however, the room may be located below grade if it is a basement offset as defined in R 325.1601a(1).

(2) A pump or pumping equipment may be located within a crawl space beneath a singlefamily dwelling if the space does not accumulate water.

(3) A pump room, basement offset, crawl space, or well house shall provide access for maintenance or repair of the water supply system components.

**History**
- *History: 1979 AC; 1994 AACS.*

##### **Mich. Admin. Code R 325.1652** Rescinded {#sec-r-325.1652 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1652}

**History**
- *History: 1979 AC; 1994 AACS.*

##### **Mich. Admin. Code R 325.1653** Pump construction, installation, design, and maintenance {#sec-r-325.1653 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1653}

Rule 153. (1) A pump shall be constructed so that there are no unprotected openings into the interior of the pump or well casing.

(2) A power driven pump shall be attached to the casing or approved suction or discharge line by a watertight connection or shall have a base plate that is in compliance with the provisions of R 325.1641.

(3) A pump shall be designed, installed, and maintained so that priming is not required for ordinary use.

(4) Plastic pump drop pipe shall be in compliance with the material requirements for water service lines pursuant to the provisions of R 325.1655(2). Flexible or coiled plastic pipe, when used as submersible pump drop pipe, shall not have splices. Plastic pump drop pipe shall not be used with a packer-jet assembly.

(5) Submersible pump motor lubricants and vertical turbine shaft lubricants shall be USDA- or FDA-approved food contact grade formulations.

**History**
- *History: 1979 AC; 1994 AACS.*

##### **Mich. Admin. Code R 325.1653a** Pump installation; hand pumps {#sec-r-325.1653a omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1653a}

Rule 153a. (1) A hand pump, hand pump head, hand pump stand, or similar device shall be constructed in accordance with the provisions of R 325.1653, shall provide for venting pursuant to the provisions of R 325.1657, and shall have a closed downward-directed spout and a sealed pump rod packing assembly.

(2) A hand pump shall be attached to a steel well casing or standpipe by sealed flange or other method approved by the department. The flange shall be not less than 6 inches above a concrete slab or the ground surface. An annular space between a standpipe and a well casing shall be sealed in accordance with the provisions of R 325.1641 or with materials listed in subrule (5) of R 325.1603.

(3) Where a well casing functions as a hand pump cylinder wall, the plunger shall be not less than 25 feet below the ground surface. A casing wall weep hole is not permitted.

**History**
- *History: 1994 AACS.*

##### **Mich. Admin. Code R 325.1654** Pump installation; water suction lines {#sec-r-325.1654 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1654}

Rule 154. (1) A water suction line shall be constructed of copper, galvanized steel, plastic pipe or other material that is approved, in writing, by the director.

(2) A water suction line that is outside the well casing shall be protected by utilizing 1 or more of the following methods:

(a) By fully exposing the line and by situating the line not less than 12 inches above the floor of an approved basement, basement offset, or pump room.

(b) By fully exposing the line above ground surface.

(c) By situating the line within an outer casing with the annular space filled with water from the system and maintained at system pressure.

(d) By surrounding the line by air space in a straight rigid conduit which does not have joints and which has positive drainage by gravity to the ground surface or to an approved basement, basement offset, or pump room, with the conduit directly connected to the well casing by a threaded or welded watertight joint. The openings into the casing shall be welded watertight or shall be sealed in accordance with the provisions of R 325.1641 to R 325.1643 and the total length of the suction line that is protected by the gravity drained conduit shall not be more than 20 feet.

**History**
- *History: 1979 AC; 1994 AACS.*

##### **Mich. Admin. Code R 325.1655** Pump installation; water service lines {#sec-r-325.1655 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1655}

Rule 155. (1) The buried portion of a water service line between the well casing and the pressure tank in any installation shall be under positive pressure at all times. If a check valve is installed in the water line between the well casing and the pressure tank, the water line between the well casing and the check valve shall be in compliance with the requirements for a suction line pursuant to the provisions of R 325.1654.

(2) Plastic water service line material shall have a minimum rated working pressure of 160 pounds per square inch, shall be in compliance with ASTM specification D 2239-89, D 2737-89, D 2662-89, D 2666-89, D 1785-91, or D 2241-89, which specifications are adopted by reference in R 325.1610.

**History**
- *History: 1979 AC; 1994 AACS.*

##### **Mich. Admin. Code R 325.1656** Pump installation; pressure tanks {#sec-r-325.1656 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1656}

Rule 156. (1) A pressure tank shall be installed in an approved pump room, well house, crawl space, basement offset, or basement.

(2) A totally buried pressure tank may be used if the manufacturer's unit has been approved, in writing, by the director as to its design, type of material, and specification for its installation.

(3) If a pump is capable of developing water pressures greater than the manufacturer's rated working pressure of the pressure tank, a pressure relief valve shall be installed near the pressure tank.

**History**
- *History: 1979 AC; 1994 AACS.*

##### **Mich. Admin. Code R 325.1656a** Pump installation; venting of gases {#sec-r-325.1656a omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1656a}

Rule 156a. Toxic or flammable gases that are present in the groundwater shall be vented from the water supply system. The vent shall discharge to the outside atmosphere where the gases will not be a hazard. A health officer or the department shall be consulted for proper identification or treatment of gases.

**History**
- *History: 1994 AACS.*

##### **Mich. Admin. Code R 325.1657** Pump installation; vents {#sec-r-325.1657 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1657}

Rule 157. (1) A casing vent shall be provided on all well caps and seals, except for those used on deep well, single pipe-packer jet installations, or on flowing wells where the flow rate is greater than the pumping rate of the permanent pump. A vent shall be screened, pointed downward, and terminate not less than 12 inches above the ground surface or above the floor of an approved basement, basement offset, or pump room, and at a point not less than 24 inches above any known flood level. Vents may be offset if they are in compliance with the provisions of this rule. Vents shall be in compliance with the minimum sizes listed in table 4.

Table 4 Minimum Well Casing Vent Sizes Casing Circular Inside Diameter Vent Diameter (Inches) (Inches) 2 ¼ 4 ½ 5 or 6 ¾ 8 or larger 1 (2) Vent screening shall be not less than 20-mesh per inch and not more than 30-mesh per inch screen. Screening shall not reduce the vent open area by more than 50%.

**History**
- *History: 1979 AC; 1994 AACS.*

##### **Mich. Admin. Code R 325.1657a** Pump installation; well caps and seals {#sec-r-325.1657a omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1657a}

Rule 157a. Well caps and seals shall be weathertight and vermin-proof, provide venting pursuant to the provisions of R 325.1657, and be tightly secured to the well casing.

**History**
- *History: 1994 AACS.*

##### **Mich. Admin. Code R 325.1658** Pump installation; sampling faucets {#sec-r-325.1658 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1658}

Rule 158. Provision shall be made for the collection of water samples by installing a downturned faucet, not less than 8 inches above the floor, in a convenient location at the pressure tank or as near to the well as possible.

**History**
- *History: 1979 AC; 1994 AACS.*

##### **Mich. Admin. Code R 325.1661** Disinfection of well and pumping equipment {#sec-r-325.1661 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1661}

Rule 161. (1) After thoroughly pumping to waste pursuant to the provisions of R 325.1639(5), a well and pumping equipment shall be disinfected with chlorine that is applied to obtain a chlorine concentration and minimum contact period specified in table 5 in all parts of the water supply system before pumping the well to waste and flushing out the chlorine solution. A well drilling contractor or pump installer shall be responsible for chlorinating that portion of the water supply system on which work has been performed.

Table 5 Minimum Chlorine Concentration and Contact Time Amount of Chlorine Added to 100 Gallons of Water Pounds of Chlorine Gallons of 5.25% Dry Calcium Minimum Concentration Sodium Hypochlorite Hypochlorite Contact (Parts per Million) (Liquid Bleach) (Granular)

Time 100 ppm 1/4 gal 0.14 lbs 10 hr 250 ppm 1/2 gal 0.35 lbs 4 hr 500 ppm 1 gal 0.70 lbs 2 hr 1000 ppm 2 gal 1.40 lbs 1 hr (2) Before placing a new, repaired, or reconditioned water supply system into service, and after all traces of chlorine have been flushed out, 1 or more water samples shall be collected from the sampling faucet. Organisms of the coliform group shall not be present in the sample or samples.

(3) The water supply owner shall be responsible for collecting the water sample or shall arrange for the owner's designated representative to collect the sample. The well drilling contractor or pump installer shall notify the water supply owner of the owner's responsibility for collecting the water sample.

(4) A well driller or pump installer is not required to redisinfect a well or pump as a result of water samples that are collected from a location other than the sampling faucet required pursuant to the provisions of R 325.1658.

**History**
- *History: 1979 AC; 1994 AACS.*

##### **Mich. Admin. Code R 325.1662** Abandoned wells and dry holes; persons responsible for plugging; removal of debris and obstructions; wells taken out of service when municipal water is installed {#sec-r-325.1662 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1662}

Rule 162. (1) An abandoned well or dry hole shall be plugged by a well drilling contractor who is registered pursuant to the provisions of the act or by the well owner. An abandoned well that is located on property which has a well that serves the public or a residence other than the well owner's residence, shall be plugged by a registered well drilling contractor.

(2) A pump, a drop pipe, a packer, other equipment, debris, or obstructions shall be removed from the well, if possible, before plugging.

(3) A well that is abandoned when municipal water is installed shall be plugged pursuant to the provisions of these rules.

**History**
- *History: 1994 AACS.*

##### **Mich. Admin. Code R 325.1663** Abandoned wells and dry holes; plugging method {#sec-r-325.1663 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1663}

Rule 163. (1) An abandoned well or dry hole shall be plugged as follows:

(a) A well or dry hole that terminates in overburden shall be plugged by filling with any of the following materials:

(i) Neat cement.

(ii) Concrete grout.

(iii) Bentonite chips.

(iv) Bentonite pellets.

(v) Bentonite grout.

(b) A section of a well or dry hole that is in bedrock shall be plugged by filling with neat cement or concrete grout from the bottom of the well or dry hole to not less than 20 feet above the top of the bedrock or to the ground surface. The section of the well from 20 feet above the bedrock to the ground surface shall be plugged in accordance with the provisions of subdivision (a) of this subrule.

(2) Gravel, sand, stone aggregate, or other materials that are acceptable to the department may be used for plugging that portion of a well that penetrates lost circulation zones, such as gravel or cavernous, creviced, or fractured bedrock.

(3) The flow from an abandoned flowing well shall be stopped by plugging the well with neat cement or concrete grout.

(4) Abandoned wells that discharge subterranean gases shall be plugged with neat cement or concrete grout.

**History**
- *History: 1994 AACS.*

##### **Mich. Admin. Code R 325.1664** Abandonment of wells; plugging materials {#sec-r-325.1664 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1664}

Rule 164. Abandoned well or dry hole plugging materials shall be placed as follows:

(a) Bentonite chips or bentonite pellets shall be poured slowly into the top of the well or dry hole to prevent bridging in the casing or borehole. Fine bentonite particles that accumulate in the shipping container shall not be used. The plugging operation shall continue until the bentonite chips or bentonite pellets appear at the ground surface. Upon completion of the plugging operation, water shall be placed into the casing or borehole to promote expansion of the bentonite above the static water level.

(b) Neat cement, concrete grout, or bentonite grout shall be placed through a tremie pipe from the bottom of the well or dry hole to the ground surface.

(c) Other materials and methods may be used if the materials and methods proposed to be used will plug the abandoned well or dry hole to prevent them from acting as a channel for contamination or the escape of subterranean gases and if prior approval is given by a health officer.

**History**
- *History: 1979 AC; 1994 AACS.*

##### **Mich. Admin. Code R 325.1665** Plugging of dug wells and crock wells {#sec-r-325.1665 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1665}

Rule 165. A large diameter dug well or crock well shall be plugged pursuant to the provisions of R 325.1663 and R 325.1664 or may be plugged as follows:

(a) A layer of bentonite chips or bentonite pellets that is not less than 6 inches thick shall be placed at the bottom of the well. The remainder of the well shall be plugged by placing clean soil backfill in layers that are not more than 10 feet thick, with a layer of bentonite chips or bentonite pellets that is not less than 6 inches thick placed on top of each clean soil backfill layer.

Dry granular bentonite may be used in place of, or in combination with, bentonite chips or bentonite pellets, and neat cement or concrete grout may be poured if the well has been dewatered before plugging.

(b) The uppermost section of concrete crock or tile or the upper 3 feet of stone, brick, or other curbing material that supports the well bore shall be removed. Before backfilling the well up to the ground surface, a layer of bentonite chips or bentonite pellets that is not less than 6 inches thick shall be placed.

**History**
- *History: 1994 AACS.*

##### **Mich. Admin. Code R 325.1666** Rescinded {#sec-r-325.1666 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1666}

**History**
- *History: 1979 AC; 1994 AACS.*

##### **Mich. Admin. Code R 325.1667** Plugging wells drilled by person other than property owner or registered well drilling contractor {#sec-r-325.1667 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1667}

Rule 167. A well that was drilled by a person other than the property owner or by a person other than a well drilling contractor who is registered pursuant to the provisions of the act shall be abandoned and plugged pursuant to the provisions of these rules.

**History**
- *History: 1994 AACS.*

##### **Mich. Admin. Code R 325.1668** Order to plug abandoned well or dry hole {#sec-r-325.1668 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1668}

Rule 168. The department or a health officer may order a well owner or a registered well drilling contractor to plug an abandoned well or a dry hole.

**History**
- *History: 1994 AACS.*

##### **Mich. Admin. Code R 325.1669** Owner and contractor responsibility for plugging abandoned wells {#sec-r-325.1669 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1669}

Rule 169. (1) A well owner shall be responsible for the plugging of an abandoned well, except as provided in a written contract between the owner and a registered well drilling contractor.

(2) If a health officer or the department determines that a registered well drilling contractor has improperly located or constructed a well, the well drilling contractor shall be responsible for plugging the well.

**History**
- *History: 1994 AACS.*

##### **Mich. Admin. Code R 325.1670** Temporarily abandoned wells {#sec-r-325.1670 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1670}

Rule 170. (1) A temporarily abandoned well shall be in compliance with the minimum construction and isolation distance requirements of these rules.

(2) A temporarily abandoned well shall be disconnected from any water distribution piping and shall have the top of the casing securely capped to prevent the entrance of surface water or foreign materials into the well and to prevent access to the well.

**History**
- *History: 1994 AACS.*

##### **Mich. Admin. Code R 325.1671** Rescinded {#sec-r-325.1671 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1671}

**History**
- *History: 1979 AC; 1994 AACS.*

##### **Mich. Admin. Code R 325.1672** Storage reservoirs {#sec-r-325.1672 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1672}

Rule 172. If a storage reservoir is used in a water supply system, plans for the storage reservoir installation shall be submitted to the health officer and approval obtained before installation of the reservoir. A storage reservoir shall be constructed of materials approved by the department and shall be designed, operated, and maintained in a manner to prevent the entrance of contaminants. For the purposes of this rule, a storage reservoir does not include a pressure tank.

**History**
- *History: 1979 AC; 1994 AACS.*

##### **Mich. Admin. Code R 325.1673** Provision of notice of health hazard to person using contaminated water supply {#sec-r-325.1673 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1673}

Rule 173. An owner or occupant who uses a contaminated water supply or a supply which, in the judgment of a health officer, represents a health hazard shall be notified, in writing, by the health officer of the health hazard.

**History**
- *History: 1979 AC; 1994 AACS.*

##### **Mich. Admin. Code R 325.1674** Other water sources {#sec-r-325.1674 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1674}

Rule 174. If a water well cannot be constructed in compliance with the provisions of these rules due to hydrogeological limitations, a health officer may authorize the use of an alternate water source. Plans, specifications, and monitoring, operating, and maintenance procedures for the alternate water source shall be approved by the health officer.

**History**
- *History: 1979 AC; 1994 AACS.*

##### **Mich. Admin. Code R 325.1674a** Water supply cross-connections {#sec-r-325.1674a omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1674a}

Rule 174a. (1) A physical connection between a water supply that is in compliance with the requirements of these rules and another water supply that is not in compliance with the requirements of these rules is prohibited.

(2) A yard hydrant that has a buried stop-and-waste valve shall not be installed on a water service line or a branch of the service line. A stop-and-waste valve shall not drain into a well.

(3) A water supply system shall be designed, operated, and maintained in a manner that will prevent contamination from nonpotable liquids, solids, or gases from being introduced into the water supply or aquifer through cross-connections or any other piping connections to the water supply system.

**History**
- *History: 1994 AACS.*

##### **Mich. Admin. Code R 325.1675** Well records {#sec-r-325.1675 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1675}

Rule 175. (1) Within 60 days of the date of completion of a well, a well drilling contractor shall furnish the well owner with 1 copy and a health officer with 2 copies of a well log that contains the information required on the form furnished by the director. The health officer shall send 1 copy of the well log to the department of natural resources within 30 days after the health officer receives the copies of the well log. A well drilling contractor shall retain a copy of the well log.

(2) A well drilling contractor shall record the geologic material types and thicknesses penetrated on a record that is kept at the well construction site. The record shall be available for inspection during well construction.

(3) Within 60 days after plugging an abandoned well or dry hole, the person who performed the plugging operation shall provide the department or local health department with 2 copies of a report that sets forth all of the following information:

(a) The well owner's name.

(b) The location of the well.

(d) The well diameter.

(e) The plugging procedure.

(f) The plugging material.

(g) The amount of plugging material used. Standard forms for the report shall be provided by the department. When an abandoned well is plugged where a replacement well will be or has beenconstructed, the plugging information may be recorded on the well log that is submitted for the replacement well. Information on several abandoned wells or dry holes within a single parcel may be submitted on a single well log form if the geologic materials and plugging methods are similar.

(4) A well log shall be signed by a registered well drilling contractor.

(5) Where a well drilling contractor fails to submit a well log within 60 days of the date of completion of a well or fails to maintain the drilling record pursuant to the provisions of subrule (2) of this rule, the department or health officer may require geophysical logging of the well to verify geologic materials and thicknesses of geologic materials penetrated.

**History**
- *History: 1979 AC; 1994 AACS.*

##### **Mich. Admin. Code R 325.1676** Pump installation records {#sec-r-325.1676 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1676}

Rule 176. (1) Within 60 days of the date of completion of a pump installation upon a new well, a well drilling contractor or pump installer shall furnish the well owner with 1 copy and a health officer with 2 copies of a pump installation record that contains available information that is required on a form furnished by the director. The health officer shall send 1 copy of the record to the department of natural resources within 30 days after the health officer receives the copies of the pump record. A well drilling contractor or pump installer shall retain a copy of the pump record. All of the following data shall be provided on the form:

(a) The type of pump installed (jet, submersible, reciprocating, hand-operated, or other type).

(b) The pump capacity in gallons per minute.

(d) The horsepower of the pump motor.

(e) The pump model number.

(f) The pump manufacturer's name.

(2) A pump record shall be signed by a registered well drilling contractor or by a registered pump installer.

PART 2. DRILLING CONTRACTORS' AND PUMP INSTALLERS'

REGISTRATION

**History**
- *History: 1979 AC; 1994 AACS.*

##### **Mich. Admin. Code R 325.1701** Qualifications {#sec-r-325.1701 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1701}

Rule 201. An applicant who is applying for registration pursuant to the provisions of the act shall meet all of the following requirements, as applicable:

(a) Have not less than 2 years of well drilling experience and have completed not less than 20 wells for registration as a well drilling contractor or have not less than 2 years of pump installation experience and have completed not less than 20 pump installations for registration as a pump installer. Well drilling experience shall have been acquired under the supervision of an active Michigan registered well driller and pump installation experience shall have been acquired under the supervision of an active Michigan registered well driller or pump installer. The experience shall have been obtained within the past 5 years.

(b) Be not less than 18 and have completed high school or submit proof of equivalent education. Up to 4 years of work experience may be substituted for equal years of education; however, this shall be in addition to the experience requirement in subdivision (a) of this rule.

(c) Be of good moral character, as defined and determined pursuant to the provisions of Act No. 381 of the Public Acts of 1974, being §338.41 et seq. of the Michigan Compiled Laws.

(d) Provide proof of work experience as required in R 325.1701a.

**History**
- *History: 1979 AC; 1994 AACS.*

##### **Mich. Admin. Code R 325.1701a** Proof of work experience {#sec-r-325.1701a omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1701a}

Rule 201a. (1) Proof of an applicant's work experience in the well drilling or pump installation field shall be documented by submitting all of the following to the department:

(a) Well logs or pump records to demonstrate completion of not less than 20 water wells by a well driller applicant and not less than 20 pump installations by a pump installer applicant. The records shall be true and accurate photocopies of those records initially submitted by the supervising contractor to satisfy the requirements of section 12707 of the act. The records shall demonstrate completion of work by the applicant over a period of not less than 2 years and not more than 5 years.

(b) A chronological work history, on a form furnished by the department, that documents all work performed in the well drilling or pump installation field. Before submitting the work history form to the department, an applicant shall submit the work history form for review to the local health department that has jurisdiction in the area in which the applicant has worked.

(c) Notarized reference letters, on a form provided by the department, from not less than 2 persons who are not related to the applicant and who can attest to the applicant's work experience and ability to perform the work of a well driller or pump installer. At least 1 reference letter shall be completed by a person who is registered pursuant to the act in the same category as the applicant.

(d) Any of the following which verifies that the applicant has acquired the minimum experience and which identifies the applicant's occupation as a well driller or pump installer and states the name of applicant's employer:

(i) Federal W-2 income tax withholding forms or equivalent income tax filing forms.

(ii) Paycheck stubs.

(iii) Employers' payroll records.

(iv) Workers' compensation insurance records.

(v) Health insurance records.

(vi) Any combination of the items listed in paragraphs (i) to (v) of this subdivision.

(2) Documentation of completion of an apprenticeship training program established by the Michigan well drillers association or a similar industry organization may be accepted in place of the proof of work experience that is required in subrule (1) of this rule, if the training program has been approved by the department and the advisory board created by the act.

**History**
- *History: 1994 AACS.*

##### **Mich. Admin. Code R 325.1702** Grandfather clause {#sec-r-325.1702 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1702}

Rule 202. A well driller or pump installer who filed a prequalification experience record with the director before May 1, 1967, may, upon application filed by April 30, 1994, be registered without meeting the educational qualifications and without taking the written examination, if the well driller or pump installer has been continuously employed in the water well trade.

**History**
- *History: 1979 AC; 1994 AACS.*

##### **Mich. Admin. Code R 325.1703** Submission of applications {#sec-r-325.1703 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1703}

Rule 203. (1) An application for an initial or renewal registration shall be made to the department on the form prescribed and provided by the department.

(2) An application shall be accompanied by the fee prescribed by the act, which shall be in the form of a bank draft, check, or money order payable to the state of Michigan. An application filed without the prescribed fee shall not be reviewed by the department until the fee is paid.

(3) A renewal application shall be submitted by March 1 of each year to permit time for issuing the renewal certificate by May 1, as required by the act.

(4) The completed initial application, proof of work experience as required in R 325.1701a, and registration and examination fees as required in the act and these rules shall be submitted to the director not less than 60 days before the date of the examination. Failure to meet this time deadline shall result in the applicant being scheduled for the next examination.

(5) A person who operates a well drilling or pump installation business shall file a certificate of assumed name with the department.

**History**
- *History: 1979 AC; 1994 AACS.*

##### **Mich. Admin. Code R 325.1704** Advisory board's evaluation of applicants {#sec-r-325.1704 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1704}

Rule 204. The advisory board that is created by the act shall carefully evaluate an applicant for registration and forward its advice to the director.

**History**
- *History: 1979 AC; 1994 AACS.*

##### **Mich. Admin. Code R 325.1705** Rescinded {#sec-r-325.1705 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1705}

**History**
- *History: 1979 AC; 1994 AACS.*

##### **Mich. Admin. Code R 325.1705a** Out-of-state applicants {#sec-r-325.1705a omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1705a}

Rule 205a. An applicant who is not a resident of Michigan, but who is licensed or registered to engage in the business of well drilling or pump installing in the applicant's state of residence, is eligible for registration in Michigan if all of the following requirements are met:

(a) The applicant submits to the department proof of current licensure or registration in the applicant's state of residence.

(b) The applicant is in good standing in the state in which the applicant is licensed or registered.

(i) A reference letter from a Michigan registered well driller or pump installer is not required. At least 1 reference letter from a well driller or pump installer who is licensed in the applicant's state of residence and who is not a relative of the applicant shall be submitted.

(ii) The chronological work history form shall be reviewed by the agency that is responsible for regulating water well construction in the applicant's state of residence.

**History**
- *History: 1994 AACS.*

##### **Mich. Admin. Code R 325.1706** Examinations {#sec-r-325.1706 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1706}

Rule 206. (1) After meeting the application requirements in these rules, an applicant shall satisfactorily complete an examination that is administered by the advisory board created by the act. The examination may be any combination of written, oral, or practical work.

(2) A candidate who fails to pass the examination may apply for reexamination after completing an industry training course that is approved by the department and the advisory board created in the act. A reexamination shall be granted upon payment of a fee of $25.00.

(3) An applicant may inspect the examination in the office of the department during normal business hours within 60 days after the applicants are notified of examination results.

**History**
- *History: 1979 AC; 1994 AACS.*

##### **Mich. Admin. Code R 325.1707** Denial of applications {#sec-r-325.1707 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1707}

Rule 207. (1) An initial application for registration may be denied for any of the following reasons:

(a) Failure of the applicant to meet the work experience, education, and character qualifications of registration.

(b) Deliberately providing false or misleading information in the application package or failure to complete the application package.

(c) Offering payment to a person who is registered pursuant to the provisions of the act for completing a reference letter or an affidavit.

(d) Violation of sections 12701 to 12715 of the act, a rule or construction code promulgated pursuant to the act, or an order issued pursuant to the provisions of section 12709 of the act.

(e) Conviction in any civil or criminal proceeding or failure to comply with a judgment or order that is issued by the court in connection with any matter related to the conduct necessary to provide the services of a well drilling contractor or pump installer.

(2) When an initial or renewal application for registration is denied, the department shall give written notice of the denial to the applicant and shall state the reason for the denial.

Within 30 days of the denial, the applicant may request reconsideration of the application at an informal conference and a contested case hearing before the director. A contested case hearing that is requested by the applicant shall be held pursuant to the provisions of Act No. 306 of the Public Acts of 1969, as amended, being §24.201 et seq. of the Michigan Compiled Laws.

**History**
- *History: 1979 AC; 1994 AACS.*

##### **Mich. Admin. Code R 325.1707a** Suspension or revocation of certificate; denial of renewal application {#sec-r-325.1707a omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1707a}

Rule 207a. A certificate of registration may be suspended or revoked and an application for renewal of a certificate of registration may be denied for any of the reasons listed in R 325.1707 or for any of the following reasons:

(a) Failure to complete the renewal application.

(b) Violation of the stipulations contained in a consent agreement issued pursuant to the provisions of Act No. 306 of the Public Acts of 1969, as amended, being §24.201 et seq. of the Michigan Compiled Laws.

(c) Conviction in any civil or criminal proceeding or failure to comply with a judgment or order that is issued by the court in connection with well drilling or pump installation activities.

(d) Failure to pay civil monetary penalties that are assessed pursuant to the provisions of section 2262 or 2461 of the act.

(e) Deliberately providing false or misleading information on a well log or in a reference letter or affidavit for another person who is applying for registration pursuant to the act, or accepting payment for completing a reference letter or affidavit.

(f) Having obtained a certificate of registration through fraud or misrepresentation.

(g) Aiding or abetting an unregistered person to evade the provisions of the act or these rules, allowing one's certificate of registration to be used by an unregistered person, or acting as an agent, partner, or associate of an unregistered person with the intent to evade the provisions of the act or these rules.

(h) Failure to respond to a written inquiry from the department regarding a written complaint filed with the department against the registrant.

**History**
- *History: 1994 AACS.*

##### **Mich. Admin. Code R 325.1708** Initial certificate; nontransferability; content; renewal certificate; content; notice of change in applicant information; notice of loss of registered contractor representative {#sec-r-325.1708 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1708}

Rule 208. (1) The initial certificate that is issued to a registered well drilling contractor or registered pump installer is nontransferable, shall be suitable for framing, and shall contain all of the following information:

(a) The name of the registrant.

(b) The business name.

(d) The expiration date.

(e) The registration certificate number.

(f) The signature of the director.

(2) A renewal certificate shall consist of a registration card, in duplicate, and shall contain all of the following information:

(a) The name of the registrant.

(b) The business name.

(d) The registration certificate number.

(e) The signature of the director.

One section of the card shall be kept with the original registration certificate and a copy shall be carried by the person who represents the registered contractor.

(3) Within 30 days of any changes in the information on the application that is submitted to the department, a registrant shall inform the department of the changes.

(4) Within 10 days of the loss of the sole registered contractor representative, a firm, partnership, or corporation shall notify the department of the loss. The firm, partnership, or corporation may continue to engage in the business of well drilling or pump installation, if a qualified individual applies, within 30 days of the loss of the representative, to take the next scheduled registration examination on behalf of the firm, partnership, or corporation or if another registered contractor is employed within 30 days of the loss of the representative. If the applicant fails to successfully complete the examination or if a registered contractor is not employed, the firm, partnership, or corporation shall immediately cease operating in the well drilling or pump installation field.

**History**
- *History: 1979 AC; 1994 AACS.*

##### **Mich. Admin. Code R 325.1709** Reinstatement of expired and revoked certificates {#sec-r-325.1709 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1709}

Rule 209. (1) A registration certificate that has expired for failure of the registrant to apply and pay renewal fees may be reinstated by the director as follows:

(a) If within 2 years of the date of expiration of the certificate, upon receipt of a renewal application, advice of the advisory board, and payment of renewal registration fees for each year during which registration had expired in accordance with the fee and penalty schedule set forth in the act.

(b) If after 2 years of the date of expiration of the certificate, upon successful completion of the examination in accordance with provisions of R 325.1701, R 325.1701a, R 325.1703, R 325.1705a, and R 325.1706.

(2) A holder of a certificate of registration that has been revoked in accordance with the act, after a waiting period of not less than 1 year after the registration certificate was revoked, may petition the director for a hearing for reinstatement of the registration certificate. The hearing shall be granted only upon a showing by the petitioner that reasonable grounds exist for the hearing. Reasonable grounds shall include correction of the conditions upon which the revocation was based and assurance that such conditions will not reoccur.

(3) The registration certificate shall be reinstated only upon the recommendation of the director and successful completion of the written examination specified in R 325.1706.

**History**
- *History: 1979 AC; 1994 AACS.*

##### **Mich. Admin. Code R 325.1711** Public representations and advertising {#sec-r-325.1711 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1711}

Rule 211. (1) A person shall not cause any word or words to be used in any contract, business form, document, sign, display, or other advertising medium which indicate or imply that a person, firm, partnership, or corporation is engaging in the business of well drilling, as defined in R 325.1606, or in the installation of pumps and pumping equipment, as defined in R 325.1604, unless that person, firm, partnership, or corporation has obtained a certificate of registration from the department.

(2) A person who is registered pursuant to the provisions of section 12704 of the act shall not use, in any contract, business form, document, sign, display, or other advertising medium, a name other than the name that is filed with the department or a registration number other than the registration number that is issued by the department.

PART 3. DRILLING MACHINES AND SERVICE VEHICLES

**History**
- *History: 1994 AACS.*

##### **Mich. Admin. Code R 325.1721** Well drilling machine registration {#sec-r-325.1721 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1721}

Rule 221. (1) A drilling machine registration card shall be issued for each drilling machine that is registered by a well drilling contractor. The card shall be carried on the drilling machine at all times where it may be inspected at any reasonable hour upon a request by the department representative or a health officer. The card expires on April 30 each year.

(2) The registration card and duplicate seals that are furnished for a drilling machine are not transferrable. The card and seals shall be returned to the department when a drilling machine is sold, traded, or otherwise disposed of. A registration card and 2 new seals for a drilling machine that is sold, traded, or otherwise disposed of will be provided without cost upon receipt of the old card, the 2 old seals, and an application that requests authorization to operate a different drilling machine.

(3) Registration of a well drilling machine by the department does not exempt a person from any applicable federal, state, or local vehicle registration requirements or from payment of applicable road taxes, license plate fees, or vehicle registration fees.

**History**
- *History: 1979 AC; 1994 AACS.*

##### **Mich. Admin. Code R 325.1722** Identification on well drilling machines and service vehicles {#sec-r-325.1722 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1722}

Rule 222. A person who is registered pursuant to the act shall place the registration number, including the county number for the business location, and the business name and address, in letters and numbers not less than 2 inches high, in a conspicuous location on both sides of each well drilling machine and service vehicle.

PART 4. DEWATERING WELLS

**History**
- *History: 1979 AC; 1994 AACS.*

##### **Mich. Admin. Code R 325.1741** Applicability of part 4 {#sec-r-325.1741 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1741}

Rule 241. (1) This part applies to construction, operation, and abandonment of dewatering wells and pump installations, except that the exemption in section 2 of the act is construed to mean a dewatering well where the inside casing diameter is not more than 2 inches and the total depth of the casing and well point is not more than 25 feet.

(2) A shallow sump installed for the purpose of removing water that has collected in an underground excavation or water that may seep into a sump, equipped with a low lift pump to remove the water which would enter or interfere with the excavation, is not considered a dewatering well and is exempt from these rules if the sump is:

(a) Constructed within the limits of the excavation.

(b) Not more than 8 feet below the specified excavation elevation.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.1742** Location and general construction {#sec-r-325.1742 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1742}

Rule 242. (1) A dewatering well shall be located to accomplish the temporary dewatering process, and shall be constructed and maintained to prevent surface water and other known sources of pollution from entering the well.

(2) The location of all existing underground structures and utilities shall be determined before any construction to prevent damages or hazards.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.1743** Casings {#sec-r-325.1743 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1743}

Rule 243. (1) The wall thickness of the casing of a dewatering well shall be selected to withstand the forces expected to be exerted on the well casing during installation and removal.

(2) The casing shall extend not less than 12 inches above the working grade. The top of a casing shall be capped or covered in a manner to prevent entry of extraneous objects and to serve as a safety measure as long as the casing remains in place. When flooding is imminent, precautions shall be taken to prevent the entry of flood water into the casing.

However, the casing on a well point system may extend less than 12 inches above grade when a closed piping collection network is used under vacuum and the closed piping is maintained to prevent surface waters from entering the well points.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.1744** Well screens and drilling water {#sec-r-325.1744 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1744}

Rule 244. (1) A dewatering well contractor shall select the well screen. However, material and construction of the screen shall be sufficiently strong and durable so that the screen may be readily removed intact from the dewatering well.

(2) Water used for drilling purposes shall be obtained preferably from a municipal water system or a well. Water from any other source shall be clean and be chlorinated to a free chlorine residual at the point of discharge into the well. When drilling water is transported to the well site, clean sanitary containers shall be used. An exception may be made to the requirement of chlorinating water used for drilling a dewatering well for legitimate reasons relating to water source, use of the well, site location, aquifers being penetrated or other justifiable reasons, and shall be obtained in writing from the department for each project.

Water from a shallow surface pond which is generally polluted, turbid, and contains algae or other microscopic plants and animals shall not be used for drilling purposes.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.1746** Filter material {#sec-r-325.1746 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1746}

Rule 246. Filtering material shall be clean and free of deleterious materials and placed so as to eliminate debris and surface water from entering the well during placement. After placement the ground surrounding the well casing shall be mounted to divert surface waters away from the well casing.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.1748** Flowing artesian aquifers {#sec-r-325.1748 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1748}

Rule 248. A dewatering well in an aquifer under an artesian head requires special installation practices. A dewatering well contractor shall take necessary precautions if he encounters a flowing artesian aquifer that flows above working grade, to prevent unreasonable waste of the water and to prevent damage of nearby properties or watercourses or both. Methods of construction and abandonment shall be determined in pre-construction conference with all concerned parties, including the consulting engineer, and shall be approved in writing by the department.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.1751** Pump discharge and suction lines {#sec-r-325.1751 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1751}

Rule 251. (1) A discharge line of a dewatering well shall leave the well above working grade. A pump in a dewatering well shall be installed in a manner that will permit discharging water above the working grade. Approval in writing shall be obtained from the department for a belowground discharge connection to a dewatering well casing.

(2) A suction line or header pipe and well points of a dewatering system shall be maintained to prevent surface water from entering the aquifer.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.1752** Electrical connections {#sec-r-325.1752 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1752}

Rule 252. Electrical connections to the pumping equipment shall be made in accordance with applicable electrical codes and shall be made in a manner that protects the safety and welfare of workers and the public from possible electrical shock.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.1753** Gases and mineralized water {#sec-r-325.1753 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1753}

Rule 253. (1) If toxic or flammable gases are present the health officer shall be notified immediately and special construction features shall be used. The gas shall be vented not less than 8 feet above working grade to minimize the explosive hazard and remove the gas from direct human contact. The well casing shall be sealed tight to assure that all gas is exhausted through the vent. R 325.1764 and R 325.1766 prescribe plugging procedures for a dewatering well containing gas.

(2) Where the water resources commission, consulting engineer, municipality, or other governmental unit involved in the dewatering project determines that disposal of contaminated water or water with a high mineral content or dissolved or entrained gases creates a problem, the department may make additional requirements.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.1755** Pump operation {#sec-r-325.1755 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1755}

Rule 255. Water pumped from a dewatering well shall be conveyed to a natural watercourse in a manner that does not cause damage to abutting property, create a hazard, or cause silting in the receiving stream. This water is not considered potable and shall not be used for drinking or domestic purposes. The pumping water level in a dewatering well shall be maintained at the minimum possible depth below the ground surface that will dewater the excavation. Duration of operation shall also be regulated by the contractor to minimize time of pumping to the period actually needed to dewater the excavation effectively. The contractor, consulting engineer, and the owner of the construction project for which the dewatering wells are being drilled shall give due consideration as to what effect lowering the groundwater table will exert on existing wells.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.1761** Abandonment and plugging {#sec-r-325.1761 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1761}

Rule 261. Plugging of an abandoned dewatering well shall be accomplished by 1 of the procedures set forth in R 325.1762 and R 325.1763.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.1762** Wells 40 feet or less below grade {#sec-r-325.1762 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1762}

Rule 262. A dewatering well used in conjunction with underground construction or building excavation when the dewatering well is not more than 40 feet below the working grade shall be plugged as provided in this rule except dewatering wells covered by R 325.1763. At the time the filter material is added, the well shall be backfilled from a depth of not less than 7 feet below the working grade to the working grade with an inorganic parent soil material encountered within the upper 7 feet. A finer textured inorganic soil shall be used when substituted for the parent material. The plugging shall be completed after the casing and screen are removed from the dewatering well by adding and compacting additional inorganic parent material naturally occurring in the upper 7 feet or with finer textured soils in the excavation remaining at the site due to slumping of the filter material. These soils shall be added in a manner to prevent future slumping and assure that the drill hole shall remain filled to the working grade. Where 1 or more dewatering wells are deeper than 40 feet in depth, plugging procedure prescribed in R 325.1763 shall be used on all wells penetrating the deeper aquifer. Exception to this plugging procedure may be requested and a written decision reached through a conference with the department.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.1763** Deep wells; tunnels; relief and municipal wells {#sec-r-325.1763 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1763}

Rule 263. (1) A dewatering well deeper than 40 feet below the working grade, a dewatering well used in conjunction with tunnel construction or a well used as an artesian pressure relief well and all dewatering wells located within 500 feet of a municipal well site shall be plugged during construction as prescribed in this rule. The annular space between the bore hole and the casing shall be backfilled at the time the filter material is added with a mixture of 4 pounds of bentonite to each cubic foot of fine textured inorganic soil, upward from a minimum depth of 10 feet below the working grade. The bentonite and fine textured inorganic soil shall be thoroughly mixed at the time of backfilling.

(2) The following chart relates bore hole diameter to volume and quantity of bentonite needed per foot of bore hole.

Boring Gallons per Cu. ft. per Pounds bentonite* diameter 1 foot of depth 1 foot of depth per 1 foot of depth 12 inches 5.9 0.8 3.2 18 inches 13.2 1.8 7.2 24 inches 23.5 3.1 12.4 30 inches 36.7 4.9 19.6 36 inches 52.9 7.1 28.4 42 inches 72.0 9.6 38.4 * Based on 4 pounds bentonite per cubic foot of excavation.

(3) The plugging shall be completed after the casing and screen are removed from the dewatering well by backfilling the hole with a mixture of 4 pounds of bentonite to each cubic foot of fine textured inorganic soil for a distance of not less than 5 feet of the bore hole. The bentonite and fine textured inorganic soil shall be thoroughly mixed at the time of backfilling. A minimum of 142 pounds of bentonite shall be used in backfilling a 36inch diameter hole and a minimum of 62 pounds of bentonite in a 24-inch diameter hole.

The plugging shall be completed by adding and compacting additional inorganic parent material or fine textured soils. These soils shall be added in a manner to prevent future slumping and assure that the drill hole shall remain filled to the working grade. Approval in writing shall be obtained from the department prior to instituting any modifications in the plugging requirements of this rule.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.1764** Plugging in special situations {#sec-r-325.1764 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1764}

Rule 264. The method of abandonment of a dewatering well installed in the situations described in R 325.1765 and R 325.1766 or other special situations shall be determined after considering the requirements of all parties concerned and shall be approved in writing by the department. The procedures shall be used as a general guide and may be modified by the department after a conference of concerned parties.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.1765** Artesian flows and bedrock {#sec-r-325.1765 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1765}

Rule 265. (1) A dewatering well terminated in aquifers under sufficient head to provide a flow above the working grade shall be sealed with neat cement grout or other method approved by the department to contain completely the flow caused by the artesian head.

(2) A dewatering well penetrating bedrock shall have the part of the well drilled into the bedrock formation sealed with neat cement grout. The plugging shall be completed by a layer of neat cement grout extending at least 15 feet above the top of the bedrock. Neat cement grout shall be added from the bottom of the hole upward in 1 continuous operation, as the casing is removed.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.1766** Water of poor chemical quality or producing methane {#sec-r-325.1766 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1766}

Rule 266. (1) A dewatering well that produces water which is sufficiently contaminated or high in mineral content to constitute a significant hazard to lakes, streams or to groundwater aquifers by direct infiltration or inter-aquifer migration, shall be filled and sealed, with the method of abandonment being determined by a conference.

(2) A dewatering well that is producing methane gas at the time the well is to be filled and sealed shall be plugged with neat cement grout with the precise procedure determined by a conference.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.1768** Dewatering well drilling records {#sec-r-325.1768 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1768}

Rule 268. A dewatering well contractor shall furnish the health officer 2 copies and the contractor responsible for abandoning the dewatering well 1 copy, and shall retain 1 copy for his files, of a well record containing such available information as is required on the dewatering well record form. Data obtained during the dewatering well drilling activities shall be reported on a form furnished by the department or such other form approved by the department. For 1 project location, information on all holes with similar geologic formation may be submitted on a single well record form. However, an individual record shall be provided for a dewatering well drilled into bedrock, or other dewatering well that produces methane gas or produces water which is contaminated or high in mineral content or artesian flow above working grade. The dewatering well drilling contractor may substitute soil boring records for the construction project in lieu of submitting dewatering well drilling records if all dewatering wells are less than 40 feet in depth.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.1771** Registration qualifications {#sec-r-325.1771 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1771}

Rule 271. After April 1, 1974, a person who represents a dewatering well contractor or dewatering well pump installer, except for those qualified under R 325.1772, shall meet the following minimum requirements for registration under the act:

(a) At least 2 years of experience in his respective field in underground contracting with supervisory or actual field experience in this state relating to the drilling of at least 20 dewatering wells for a drilling contractor and 20 pump installations for a pump installer.

(b) Completion of the tenth grade in high school or submission of proof of equivalent ability demonstrated by successful completion of approved short courses or written examination. The board may accept up to 4 years of work experience for equal years of education, in addition to the subdivision (a) experience requirement.

(c) Reference statements from 2 persons, 1 of whom shall be registered as a dewatering well drilling or pump installer contractor under the act and familiar with the applicant's work experience, honesty, integrity, and ability to perform the work of a dewatering well drilling or pump installer contractor, shall be submitted before advisory board approval to take the examination.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.1772** Grandfather clause {#sec-r-325.1772 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1772}

Rule 272. An individual who is a member or employee of a registered dewatering well drilling or pump installing firm, with a minimum of 2 years' experience in his respective field of work before April 30, 1974, and who files by April 30, 1975, a record of experience and background with the department on a form prepared for this purpose, may be registered upon application. This individual shall be registered without meeting the educational qualifications and without taking the written examination if he has been employed continuously in the dewatering well trade.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.1773** Submission of applications {#sec-r-325.1773 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1773}

Rule 273. An application for an initial or renewal registration shall be made to the department on forms prescribed by it. An application shall be accompanied by the fee prescribed by the act in the form of a bank draft, check or money order payable to the state of Michigan. A renewal application shall be submitted by March 1 of each year to permit time for issuance of the renewal certificate by May 1 as required by the act. The initial fee shall be refunded to an applicant not qualified to take the examination.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.1774** Advisory board review {#sec-r-325.1774 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1774}

Rule 274. The advisory board created by the act shall evaluate an applicant for registration carefully with the assistance of a representative from the dewatering well drilling industry and forward its advice to the department. The board may conduct oral interviews and require affidavits or other supporting evidence to determine qualification of an applicant.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.1775** Examinations {#sec-r-325.1775 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1775}

Rule 275. A person representing a dewatering well contractor or pump installer may take the examination only after fulfilling all requirements in the rules and having approval of the advisory board. He shall satisfactorily complete an examination covering various aspects of dewatering well operations before being registered under section 5 of the act.

This examination may be any combination of written, oral, or practical work administered by the advisory board. A candidate failing to pass the examination may apply for reexamination at the expiration of 6 months.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.1776** Denial of applications {#sec-r-325.1776 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1776}

Rule 276. An application for initial or renewal registration may be denied for any of the following reasons:

(a) Failure to accompany the application with the prescribed fee.

(b) Failure of the applicant to meet the experience and education qualifications of registration.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.1777** Certificates; initial; renewal; limited {#sec-r-325.1777 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1777}

Rule 277. (1) The initial certificate issued to a registered dewatering well drilling contractor or pump installer shall be nontransferable and contain the names of the contractor and representative, date of issuance, expiration date, certificate number, and signature of the director.

(2) A renewal certificate shall consist of a registration card in duplicate containing the names of the contractor and representative, expiration date, certificate number, and signature of the director. One section of the card shall be kept with the original registration certificate and a copy shall be carried on the person representing the registered contractor.

(3) The initial and renewal certificates shall authorize a registered dewatering well contractor to participate in all dewatering well activities, but he is limited to dewatering well installations and related operations, including pump installation for dewatering installations and abandonment of dewatering wells. A registered dewatering well pump installer is limited to pump installations, operation, and abandonment of dewatering wells.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.1778** Reciprocity {#sec-r-325.1778 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1778}

Rule 278. The secretary of the advisory board shall obtain requirements for registration in the state from which an applicant requests reciprocity as either a registered dewatering well drilling contractor or pump installer and confirm that the applicant was in fact registered.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.1779** Reinstatement of lapsed, suspended, and revoked certificates {#sec-r-325.1779 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1779}

Rule 279. (1) A registration certificate which has expired for failure of the registrant to apply and pay renewal fees may be reinstated by the department:

(a) Within 3 years, upon receipt of a renewal application, with the advice of the advisory board, and payment of renewal registration fees for each year during which registration has lapsed in accordance with the fee and penalty schedule in the act.

(b) After 3 years, after examination in accordance with the rules for new applicants.

(2) A holder of a certificate of registration which has been suspended or revoked in accordance with the act, after a waiting period equal to the period of suspension, but not to exceed 9 months after the registration certificate was suspended or revoked, may petition the director for a hearing for reinstatement of his registration certificate.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.1781** Dewatering well drilling machine registration {#sec-r-325.1781 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.1781}

Rule 281. (1) A drilling machine registration card shall be issued for identification purposes for each drilling machine registered by a dewatering well drilling contractor. The card shall be carried on the drilling machine at all times where it may be inspected at any reasonable hour upon request of an authorized representative of the department or health officer. The registration card expires on April 30 each year.

(2) The registration card and duplicate seals furnished for a dewatering well drilling machine are not transferable. The card and seals shall be returned to the director when a drilling machine is sold, traded, or otherwise disposed of. A registration card and 2 new seals for a drilling machine so transferred will be provided without cost upon receipt of the old card, the 2 old seals, and an application requesting authorization to operate a different drilling machine.

**History**
- *History: 1979 AC.*

## **Water Resources Division** Water Resources Division

### **R 325.2101 to R 325.2103** Public Bathing Beaches

##### **Mich. Admin. Code R 325.2101** Definitions {#sec-r-325.2101 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.2101}

DEPARTMENT OF ENVIRONMENTAL QUALITY

DIVISION OF WATER AND RADIOLOGICAL PROTECTION

PUBLIC BATHING BEACHES

(By authority conferred on the director of public health by section 12544 of Act No. 368 of the Public Acts of 1978, as amended, being S333.12544 of the Michigan Compiled Laws)

Rule 1. (1) "Act" means sections 12541 to 12546 of Act No. 368 of the Public Acts of 1978, as amended, being SS 333.12541 to 333.12546 of the Michigan Compiled Laws.

(2) "Bathing beach" means a beach or bathing area offered to the public for recreational bathing or swimming. It does not include a swimming pool as defined in section 12521 of Act No. 368 of the Public Acts of 1978, as amended, being S 333.12521 of the Michigan Compiled Laws.

(3) "Escherichia coli" or "E. coli" means a bacteria which is a member of the family enterobacteriaceae and which is the predominant facultative anaerobe in humans and warm-blooded animals. Therefore, it is an indicator of the presence of human or animal fecal material in water. The organism is identified by a variety of laboratory methods with definitive identifying characteristics described by Bergey's Manual of Bacteriology (Williams and Wilkins, 9th Edition, 1994).

(4) "Geometric mean" means the antilog of the summation of the logarithms of the values for the samples examined divided by the number of samples.

(5) "Health officer" means the administrative officer of a city, county, or district health department.

(6) "Sanitary or environmental survey" means and includes all of the following:

(a) A survey and an evaluation of data of the applicable contributory watershed for pollution, including domestic, industrial, commercial, and agricultural sources.

(b) A survey and an evaluation of data of the bathing beach for sources of pollution and safety hazards, including soil conditions, drop offs, water movement, and submerged and other hazardous objects.

(d) An evaluation of proposed or existing bathing and swimming loads.

(7) "Standard methods" means the publication entitled Standard Methods for the Examination of Water and Wastewater, 18th Edition - 1992, as published by the American public health association, the American water works association, and the water environment federation. This publication is adopted by reference in these rules and is on file and available for inspection in the Bureau of Environmental and Occupational Health, Michigan Department of Public Health, 3423 North Martin Luther King Jr. Blvd., Lansing, Michigan. Copies are available from the American Public Health Association, 1015 Fifteenth Street, N.W., Washington, D.C. 20005.

Editor's note: These rules were transmitted to the Joint Committee on Administrative Rules on October 24, 1995. The rules were filed with the Secretary of State on November 21, 1995, while under consideration by the Joint Committee on Administrative Rules. Section 45(6) of Act No. 306 of the Public Acts of 1969, as amended, being S24.245(6) of the Michigan Compiled Laws, provides: "After receipt by the committee of the agency's letter of transmittal, the committee has 2 months in which to consider the rule. If the committee by a majority vote determines that added time is needed to consider proposed rules, the committee may extend the time it has to consider a particular proposed rule by 1 month to a total of not longer than 3 months ..."

**History**
- *History: 1979 AC; 1995 AACS.*

##### **Mich. Admin. Code R 325.2102** Sanitation and safety determinations {#sec-r-325.2102 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.2102}

Rule 2. (1) Bacterial concentrations in water at a bathing beach, as determined by standard methods, shall contain not more than 130 Escherichia coli (E. coli) per 100 milliliters, as a 30-day geometric mean. Compliance shall be based on the geometric mean of all individual samples taken during 5 or more sampling events representatively spread over a 30-day period. Each sampling event shall consist of 3 or more samples taken at representative locations within a designated sampling area. Bathing beach waters shall not contain more than a maximum of 300 E. coli per 100 milliliters. Compliance shall be based on the geometric mean of 3 or more samples taken during the same sampling event at representative locations within a defined sampling area.

(2) Chemical determinations shall follow standard methods and shall show that the water is free of chemical substances capable of creating toxic reactions or irritations to the skin or membranes of a bather or swimmer.

(3) Physical determinations shall show the water to be free of all of the following:

(a) Turbidity.

(b) Color.

(d) Growths.

(e) Oils.

(f) Greases.

(g) Any other substances in the water capable of creating a health or safety hazard or a nuisance to a bather or swimmer.

**History**
- *History: 1979 AC; 1995 AACS.*

##### **Mich. Admin. Code R 325.2103** Determination and closing of beaches {#sec-r-325.2103 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.2103}

Rule 3. (1) When, in the judgment of a health officer having jurisdiction, an evaluation of information provided by sanitary survey and bacteriological, biologic, chemical, or physical data provides evidence that a bathing beach may be detrimental to the health or safety of the bathers or swimmers, it shall be determined to be unsafe.

(2) If voluntary closure of a bathing beach cannot be accomplished, the health officer shall take action as provided by section 12541 of the act.

**History**
- *History: 1979 AC; 1995 AACS.*

## **Drinking Water and Environmental Health Division** Drinking Water and Environmental Health Division

### **R 325.2111 to R 325.2199** Public Swimming Pools

##### **Mich. Admin. Code R 325.2111** Definitions {#sec-r-325.2111 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.2111}

DEPARTMENT OF ENVIRONMENTAL QUALITY

DRINKING WATER AND RADIOLOGICAL PROTECTION DIVISION

PUBLIC SWIMMING POOLS

(By authority conferred on the department of environmental quality by sections 2226, 2233, and 12522 of 1978 PA 368, MCL 333.2226, 333.2233, and 333.12522)

PART 1. GENERAL PROVISIONS

Rule 1. As used in these rules:

(a) "Code" means 1978 PA 368, MCL 333.1101 et seq.

(b) "Department" means the department of environmental quality.

(d) "Modification" means any alteration to a swimming pool that results in a change from previously approved construction.

(e) "Poolside slide" means a short slide structure which is more than 4 feet in height, which is not regulated under R 408.814, which is located near the edge of a swimming pool, and which is used by swimmers to slide by gravity into a pool.

(f) "River ride pool" means a swimming pool that is designed to convey means a swimming pool that is designed to convey swimmers with or without flotation devices around a closed loop channel using an artificially created current.

(g) "Spa pool" means a swimming pool which is designed for use by more than 2 people at one time and which is not necessarily intended for swimming. A spa pool will typically have seating, agitation of the water, and water temperatures different than what is normal in pools for swimming.

(h) "Special purpose pool" means a swimming pool that has design features which are not specifically covered in Part 2 of these rules.

(i) "Swimming pool" or "pool" means a public swimming pool as defined in section 12521 of the code. The following are examples of swimming pools:

(i) Cold plunge pools.

(ii) Diving pools.

(iii) Hot tubs.

(iv) Scuba diving pools.

(v) Spa pools.

(vi) Training tanks wading pools.

(vii) Water slide pools.

(viii) Wave pools.

(ix) Other special purpose pools.

(j) "Wading pool" means a swimming pool that is shallow enough throughout for wading.

(k) "Water slide pool" means a swimming pool that includes 1 or more flumes in which bathers are transported by moving water to a landing area and which is used only to exit the water slide.

(l) "Wave pool" means a swimming pool that is equipped to generate waves.

**History**
- *History: 1979 AC; 1983 AACS; 2001 AACS.*

##### **Mich. Admin. Code R 325.2113** Plans and specifications; construction permit application {#sec-r-325.2113 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.2113}

Rule 3. (1) Plans and specifications submitted for a construction permit for a new swimming pool or modification of an existing swimming pool shall meet all of the following requirements:

(a) Be prepared by, and bear the seal of, a professional engineer or architect licensed in this state if a new swimming pool and related facilities or a modification costs $15,000.00 or more. A person shall obtain a construction permit under section 12525 of the code regardless of the project cost.

(b) Be submitted in triplicate to the department and be accompanied by completed construction permit application forms as prescribed and provided by the department.

(2) Plans and specifications submitted for a construction permit for a new swimming pool shall meet both of the following requirements:

(a) Include a plot plan showing all of the following:

(i) Plan north or true north.

(ii) Property boundaries and location description.

(iii) Adjacent streets.

(iv) Pertinent buildings on the site.

(v) Pertinent site grades, including floodplain contour, if applicable.

(vi) Utility lines.

(b) Show, in detail, the swimming pool and related facilities areas, including all of the following:

(i) The swimming pool enclosure and enclosure entrances.

(ii) The enclosure design, door or gate designs, and entrance hardware.

(iii) The walkway and deck materials, finishes, and slopes.

(iv) The swimming pool tank and related facilities.

(v) The swimming pool water treatment and recirculation equipment and piping.

(vi) Dressing rooms, locker rooms, shower rooms and toilet rooms.

(vii) Storage rooms.

(viii) Offices.

(ix) Mechanical equipment rooms.

(x) The source of, and basis of design for, the water supply.

(xi) Wastewater disposal system and the basis of design, including stormwater discharges.

(3) Plans and specifications submitted for a construction permit for modification of an existing swimming pool shall show both the proposed modifications and the pertinent existing facilities.

(4) If plans and specifications are submitted to the department, then an applicant shall concurrently submit 1 set of plans and specifications to the appropriate local health department.

**History**
- *History: 1979 AC; 1983 AACS; 2001 AACS.*

##### **Mich. Admin. Code R 325.2113a** Compliance with state or local code or requirement {#sec-r-325.2113a omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.2113a}

Rule 3a. Compliance with these rules does not relieve a pool owner from complying with a state or local code or requirement that is not in conflict with these rules.

**History**
- *History: 2001 AACS.*

##### **Mich. Admin. Code R 325.2114** Design and construction variances {#sec-r-325.2114 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.2114}

Rule 4. (1) The department may grant a variance from part 2 of these rules if the department determines that the variance will not affect the safe and healthful operation of the swimming pool and that strict compliance will cause unusual practical difficulties and hardships or will conflict with a special purpose intended for the pool.

(2) A person who files a request for a variance from these rules shall do so in writing. The request shall state the specific reasons for the variance and shall include adequate proof that an item, material, feature, or method will perform the intended function so as to produce a safe and healthful swimming pool.

(3) The department shall review the variance request and take either of the following actions:

(a) Grant the variance in writing, including any specific terms, conditions, and limitations.

(b) Deny the variance in writing and state the specific reasons for denial.

(4) A swimming pool which is not in compliance with the specific provisions of these rules on their effective date, but which is in compliance with the rules in effect when the pool was installed and which is in good repair, is exempt from the provisions of these rules that require major structural or mechanical changes until pertinent modifications are made.

If a swimming pool is modified, the pool owner shall bring the portion modified into compliance with applicable provisions of these rules, unless a variance is granted by the department.

(5) This rule does not preclude the department from requiring changes where necessary to correct a threat to public health or an unsafe condition associated with a swimming pool.

The pool owner shall establish a schedule of compliance for any required changes that is acceptable to the department or local health department.

**History**
- *History: 1979 AC; 1983 AACS; 2001 AACS.*

##### **Mich. Admin. Code R 325.2115** Operation permit application {#sec-r-325.2115 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.2115}

Rule 5. (1) An applicant for an operation permit shall submit an application to the department on the forms prescribed and provided by the department.

(2) An applicant shall submit the fee prescribed by section 12527a of the code together with the application. An applicant shall make payment payable to: "State of Michigan."

**History**
- *History: 1979 AC; 1983 AACS; 2001 AACS.*

##### **Mich. Admin. Code R 325.2116** Violation of code or rules; notice of noncompliance; stop-work order {#sec-r-325.2116 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.2116}

Rule 6. (1) If a representative of the department or of a local health department inspects a swimming pool and finds a violation of the code or these rules, then the department or local health department representative shall issue a written notice of noncompliance to the owner or the owner's representative that specifies the corrective action to be taken and shall allow an appropriate time period for correction.

(2) If construction is being performed contrary to the code or these rules, then the department or local health department representative may issue a written stop-work order.

If a stop-work order is issued, the construction shall stop, except for work that is necessary to correct an unsafe condition.

**History**
- *History: 1979 AC; 1983 AACS; 2001 AACS.*

##### **Mich. Admin. Code R 325.2117** Closing of swimming pools; reasons {#sec-r-325.2117 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.2117}

Rule 7. (1) A representative of the department or of a local health department may order the owner or operator of a swimming pool to close the pool and prohibit any person from using it, until correction, for any of the following reasons:

(a) A condition of the swimming pool equipment, structure, area, or enclosure that jeopardizes the health or safety of the persons using or operating the pool.

(b) The lack of properly functioning equipment or proper material for recirculating, treating, or testing the swimming pool water.

(d) The presence of a pollutant or of a hazardous object or substance in the swimming pool.

(e) Failure to meet a water quality standard prescribed by R 325.2194 or R 325.2195.

(f) Failure to operate and maintain the swimming pool as prescribed by R 325.2191 to R 325.2199.

(g) Failure to comply with the terms and provisions of an order or schedule of compliance.

**History**
- *History: 1979 AC; 1983 AACS; 2001 AACS.*

##### **Mich. Admin. Code R 325.2118** Closing of swimming pools; procedure {#sec-r-325.2118 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.2118}

Rule 8. (1) The department or local health department shall issue an order under R 325.2117 in writing and shall ensure that the order complies with all of the following provisions:

(a) States that the pool shall close immediately.

(b) Specifies the corrective action necessary to bring the pool back into compliance.

(c) Is served upon the owner, operator, owner's representative, or person in charge of the swimming pool. The person on whom the order is served shall close the swimming pool immediately and shall prohibit any person from using it. The order may require the owner or operator or owner's representative to post 1 or more signs to inform any person that the swimming pool is closed until further notice.

(2) After the specified corrective action has been taken, the owner or operator or owner's representative shall notify the agency issuing the closing order.

(3) If upon reinspection the corrective action has not been taken, then the owner or operator shall keep the swimming pool closed and out of use until corrective action has been taken and the swimming pool has been reinspected and approved.

**History**
- *History: 1979 AC; 1983 AACS; 2001 AACS.*

##### **Mich. Admin. Code R 325.2118a** Reopening inspections {#sec-r-325.2118a omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.2118a}

Rule 8a. (1) Before the reopening of a swimming pool for seasonal use or for use after the expiration of an operation permit, an owner or operator shall prepare the swimming pool facilities for use according to all of the following provisions:

(a) All violations of the code or these rules shall be corrected.

(b) The swimming pool water shall meet the water quality standards prescribed by R 325.2194.

(c) The owner or operator shall notify the department or local health department when the swimming pool is ready for use.

(2) A representative of the department or local health department may inspect the facilities before authorizing seasonal use of a swimming pool.

(3) A representative of the department or local health department shall inspect the facilities before authorizing the use of a pool after the expiration of an operation permit.

(4) If a reopening inspection reveals a condition listed in R 325.2117, then a representative of the department or a local health department may order the owner or operator of the swimming pool to prohibit any individual from using the pool until adequate corrections are made.

**History**
- *History: 1983 AACS; 2001 AACS.*

##### **Mich. Admin. Code R 325.2118b** Swimming pools not in use {#sec-r-325.2118b omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.2118b}

Rule 8b. The owner of a swimming pool which is not in use or for which an operation permit is not in effect shall maintain the pool in a condition that prevents its creating a hazard to health or safety.

**History**
- *History: 1983 AACS; 2001 AACS.*

##### **Mich. Admin. Code R 325.2119** Rescission {#sec-r-325.2119 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.2119}

Rule 9. The rules entitled "Construction and Alteration of Public Swimming Pools," being R 325.391 to R 325.395 of the Michigan Administrative Code and appearing on page 2254 of the 1954 volume of the Code, and the rules entitled "Operation and Use of Public Swimming Pools," being R 325.401 to R 325.406 of the Michigan Administrative Code and appearing on pages 2254 and 2255 of the 1954 volume of the Code are rescinded.

PART 2. CONSTRUCTION

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.2121** Sites {#sec-r-325.2121 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.2121}

Rule 21. The site for a swimming pool shall meet all of the following requirements:

(a) Have pertinent public utilities available or have an on-site water supply and on-site sewage disposal system approved by the department or local health department.

(b) Not be detrimental to safe access to the swimming pool or to the safe and healthful use of the swimming pool.

(d) Have drainage that is adequate to prevent flooding, damage, and a nuisance.

(e) Not be detrimental to the proper operation and maintenance of the swimming pool.

(f) Avoid pollution of the swimming pool.

(g) Allow for the swimming pool to be safely emptied when necessary.

**History**
- *History: 1979 AC; 1983 AACS; 2001 AACS.*

##### **Mich. Admin. Code R 325.2122** Construction shapes, materials, surfaces, and loads {#sec-r-325.2122 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.2122}

Rule 22. (1) A swimming pool owner shall ensure that the pool and appurtenances are shaped and arranged so that the maintenance of safe and sanitary conditions and the recirculation of the water are not impaired. Nothing shall extend into or above a swimming pool tank so as to create a safety hazard.

(2) A swimming pool owner shall ensure that a pool and appurtenances are constructed of materials that are inert, nontoxic to humans, impervious, durable, and strong enough to withstand structural stresses.

(3) A pool owner shall ensure that a finished surface of a swimming pool wall or floor does not have sharp edges, open cracks, or open joints and is slip-resistant, easily cleanable, nonabsorbent, and light-colored, except that a dark marking may be inserted against a light background.

(4) A swimming pool owner shall ensure that a pool tank is designed and constructed to withstand all anticipated loadings for both full and empty conditions. If a swimming pool tank is subject to external hydrostatic pressure, then the pool owner shall provide means to relieve the pressure.

**History**
- *History: 1979 AC; 1983 AACS; 2001 AACS.*

##### **Mich. Admin. Code R 325.2123** Walls, floors, ledges, and underwater seating {#sec-r-325.2123 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.2123}

Rule 23. (1) Where the water depth is 6 feet or less, a swimming pool owner shall ensure that a swimming pool wall meets 1 of the following provisions:

(a) Is vertical.

(b) Slopes uniformly down to the point of curvature at not more than 1 horizontal in 5 vertical.

(c) Falls entirely within a plane sloped 1 horizontal in 5 vertical from the waterline down to the point of curvature where the wall cannot slope uniformly due to the necessary structural support of the upper wall.

(2) Where the water depth is more than 6 feet, a swimming pool owner shall ensure that a pool wall meets 1 of the following requirements:

(a) Is vertical.

(b) Is vertical to a water depth of not less than 64 inches and then curves to the floor with a radius of not more than the difference between the floor depth at that point and the depth at the point of curvature.

(c) Is vertical to a water depth of not less than 64 inches and then slopes down to the floor at 1 horizontal in 2 vertical or steeper.

(d) Is vertical to a water depth of not less than 68 inches and then slopes down to the floor at 1 vertical in 2 horizontal or less steep for a horizontal distance of not more than 6 feet from the pool wall. Add 1 inch to the vertical wall water depth for each additional 2 inches of total water depth deeper than 6 feet.

(e) Slopes uniformly down to a water depth of not less than 6 feet at not more than 1 horizontal in 5 vertical.

(f) Falls entirely within a plane sloped 1 horizontal in 5 vertical from the waterline down to a water depth of not less than 6 feet where the wall cannot slope uniformly due to the necessary structural support of the upper wall.

(3) A swimming pool owner shall ensure that the junction between a pool wall and the floor is coved with a radius according to the following requirements, as applicable:

(a) Not less than ½ of an inch.

(b) Not more than 8 inches where the water depth is 6 feet or less.

(4) A swimming pool owner shall ensure that the entire swimming pool floor slopes down toward the main outlets according to the following requirements:

(a) Where the water depth is 4 feet or less, the swimming pool floor shall be sloped uniformly at not more than 1 vertical in 12 horizontal, where the water depth is 4 feet or less, except on the deeper side of a change of slope.

(b) Where the water depth is between 4 feet and 6 feet, the floor shall be sloped uniformly at not more than 1 vertical in 3 horizontal on the deeper side of a change of slope to a water depth of not more than 6 feet.

(5) Where the water depth is less than 6 feet, a swimming pool owner shall plainly mark the pool bottom at a change of floor slope with a color contrasting from the background color to allow the change of slope to be clearly visible. A swimming pool owner shall also extend the marking vertically up each sidewall at the change of slope.

(6) The department may approve other floor slopes for special purpose pools, for scuba diving pools, or for the transition from the side of a diving area to a more shallow area.

(7) A swimming pool owner shall ensure that a ledge does not protrude into a pool unless it is essential to support an upper wall. If a ledge is provided, then a swimming pool owner shall ensure that the ledge meets all of the following requirements:

(a) Is not more than 4 inches in width.

(b) Slopes downward from the wall.

(d) Is marked with a color contrasting from the background color to allow the ledge to be clearly visible.

(8) A swimming pool owner shall ensure that underwater seating at a swimming pool other than a spa pool meets all of the following requirements:

(a) Is located where the water depth is 4 feet or less.

(b) Is located in a recessed area that provides for the safety of swimmers.

(c) The front edge of the seating is plainly marked in a color contrasting from the background color to allow the seat to be clearly visible from in the pool and on the walkway near the seat.

(d) The walkway adjacent to the underwater seating is marked in a manner that warns of the location of the submerged seat.

**History**
- *History: 1979 AC; 1983 AACS; 2001 AACS.*

##### **Mich. Admin. Code R 325.2124** Handholds {#sec-r-325.2124 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.2124}

Rule 24. (1) A swimming pool owner shall ensure that a swimming pool, other than a spa pool, wading pool, or a water slide pool, has a continuous handhold that is not more than 6 inches above the water surface.

(2) A swimming pool owner shall ensure that a spa pool has handholds that are not more than 4 feet apart and not more than 6 inches above the water surface.

(3) A swimming pool owner shall ensure that a water slide pool has a continuous handhold, except at the flume entry into the pool.

(4) A swimming pool owner shall ensure that a handhold provides a positive, safe, and slip-resistant grip and allows persons using the swimming pool to easily hold onto the edge of the pool.

**History**
- *History: 2001 AACS.*

##### **Mich. Admin. Code R 325.2125** Water supplies {#sec-r-325.2125 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.2125}

Rule 25. (1) A swimming pool owner shall ensure that the water serving a swimming pool and all plumbing fixtures are obtained from a type I public water supply, if available. If a type I water supply is not available, then a swimming pool owner shall ensure that water is obtained from a supply that meets the requirements for type II public water supplies. The water supply types are classified in R 325.10502.

(2) A swimming pool owner shall ensure that the supply of water is adequate for service to all plumbing fixtures and for furnishing the swimming pool with not less than 1 gallon per minute per 1,500 gallons of the swimming pool volume. A swimming pool owner shall ensure that water at a temperature of not less than 90 degrees nor more than 110 degrees Fahrenheit is supplied to each required shower and lavatory.

**History**
- *History: 1979 AC; 1983 AACS; 2001 AACS.*

##### **Mich. Admin. Code R 325.2126** Water supply backflow {#sec-r-325.2126 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.2126}

Rule 26. (1) A swimming pool owner shall ensure that a potable water supply system that serves a swimming pool and all plumbing fixtures is protected against backflow. A swimming pool owner shall ensure that potable water which is introduced into the swimming pool or recirculation system is supplied through permanent piping and either of the following:

(a) An acceptable air gap consisting of an unobstructed vertical distance through the atmosphere of not less than 2 diameters of the water supply pipe between the lowest freeflowing discharge of the water supply pipe and the overflow level of the receiving pipe, tank, or vessel.

(b) An approved reduced pressure zone backflow preventer which is installed where it is readily accessible for inspection and maintenance, which is not subject to flooding, and which does not have a direct connection between the drain port and a wastewater system.

(2) A swimming pool owner shall ensure that a water supply fill spout is located so that it is not a safety hazard.

**History**
- *History: 1979 AC; 1983 AACS; 2001 AACS.*

##### **Mich. Admin. Code R 325.2127** Wastewater disposal systems {#sec-r-325.2127 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.2127}

Rule 27. (1) A swimming pool owner shall ensure that a swimming pool has a wastewater disposal system that serves the entire swimming pool facility. A swimming pool owner shall ensure that the wastewater disposal system has sufficient capacity to prevent flooding during the swimming pool filter cleaning cycle and during draining of the swimming pool.

(2) A swimming pool owner shall ensure that wastewater from a swimming pool is discharged through permanent piping to a public sewerage system if it is available.

(3) A swimming pool owner shall ensure that the disposal of wastewater from a swimming pool does not create a threat to public health or safety, a nuisance, or unlawful pollution of the waters of the state. A swimming pool owner maybe required to obtain a permit for the disposal of wastewater under 1994 PA 451, MCL 324.101 et seq.

(4) A swimming pool owner shall ensure that a swimming pool and its recirculation system is protected against backflow from a wastewater disposal system. A swimming pool owner shall ensure that a pipe from the swimming pool or its recirculation system to a sewer discharges through an air gap of not less than 2 pipe diameters, unless the department approves the elimination of the air gap.

(5) A swimming pool owner shall ensure that the wastewater disposal system enables emptying of the swimming pool.

(6) A swimming pool owner shall ensure that the sump for receiving pool wastewater is properly trapped.

**History**
- *History: 1979 AC; 1983 AACS; 2001 AACS.*

##### **Mich. Admin. Code R 325.2128** Enclosures {#sec-r-325.2128 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.2128}

Rule 28. (1) A swimming pool owner shall completely enclose a swimming pool facility by a wall, fence, or other protective enclosure. A swimming pool owner shall ensure that the entire enclosure, including doors and gates, is not less than 4 feet high as measured on the outside, does not provide ready footing for climbing, and is designed to prevent passage through or under the enclosure. A swimming pool owner shall ensure that a sliding-type door is not installed as part of the protective enclosure.

(2) A swimming pool owner shall ensure that the enclosure specified in subrule (1) of this rule has at least 1 entrance. A swimming pool owner shall ensure that each entrance has a door or gate equipped with a self-closer, a latch, and a lock. A swimming pool owner shall ensure that a sliding-type door is not installed as an entrance. A swimming pool owner shall ensure that an entrance for bathers leads to the shallowest area of the swimming pool.

(3) A swimming pool owner may enclose 2 or more swimming pools within a single enclosure, except that an owner shall enclose a wading pool separately.

(4) A swimming pool owner shall provide a barrier between a permanent spectator area and an area used by bathers.

(5) A swimming pool owner shall ensure that a balcony within 10 feet of or overhanging any portion of the swimming pool water surface is completely enclosed or is designed to prevent diving into the swimming pool.

(6) A swimming pool owner shall ensure that an active recreation area which is adjacent to a swimming pool and which is provided for the use of persons within the swimming pool enclosure is separated by a barrier.

**History**
- *History: 1979 AC; 1983 AACS; 2001 AACS.*

##### **Mich. Admin. Code R 325.2129** Walkways and decks; "walkway" and "deck" defined {#sec-r-325.2129 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.2129}

Rule 29. (1) "Walkway" means the area around and immediately adjacent to the edge of a swimming pool. A swimming pool owner shall provide a continuous, unobstructed walkway as follows:

(a) It shall be not less than 4 feet wide and extend out to any deck drainage if located beyond 4 feet from the edge of the pool.

(b) It shall extend completely around a swimming pool other than a spa pool, water slide pool, or river ride pool.

(d) It shall be not less than 4 feet wide by not less than 10 feet long at a spa pool and be located at a means of egress from the spa pool.

(e) It shall be not less than 4 feet wide at the side and behind a piece of diving or permanent deck equipment.

(f) It shall be provided on at least 1 side of a river ride pool.

(g) It shall be continuous for a water slide pool, except for the flume entry into the pool.

(h) It shall be not less than 10 feet wide at the main means of egress from a water slide pool.

(2) A swimming pool owner shall ensure that a walkway between 2 swimming pools is not less than 6 feet wide. A swimming pool owner shall ensure that a common wall between a swimming pool and a spa pool is not more than 18 inches thick, not more than 12 feet long in any 1 direction, not more than 24 feet long in total, and designed to prevent a person from walking on the wall.

(3) "Deck" means the remaining area from the edge of the swimming pool walkway to the swimming pool enclosure.

(4) A swimming pool owner shall effectively seal a junction between a walkway or paved deck and a wall to allow for easy cleaning.

(5) A swimming pool owner shall effectively seal a joint between the swimming pool coping and the walkway with a flexible waterproof sealant.

(6) A swimming pool owner shall equip an opening in the walkway with a locking-type cover that is flush with the deck or walkway surface.

**History**
- *History: 1979 AC; 1983 AACS; 2001 AACS.*

##### **Mich. Admin. Code R 325.2129a** Walkway and deck materials; drainage {#sec-r-325.2129a omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.2129a}

Rule 29a. (1) A swimming pool owner shall pave the entire walkway around a swimming pool.

(2) A swimming pool owner shall ensure that the walkway surface materials are durable, slip-resistant, easily cleanable, and nonabsorbent. Acceptable materials include any of the following:

(a) Concrete.

(b) Ceramic tile.

(d) Other paving materials acceptable to the department.

(3) A swimming pool owner shall ensure that the remaining deck area is constructed and maintained to prevent surface drainage, dirt, and other harmful material from being carried into the pool. Acceptable deck materials include any of the following:

(a) Materials specified in subrule (2) of this rule.

(b) Wood.

(d) Shrubbery and other landscaping.

(e) Other materials acceptable to the department.

(4) A swimming pool owner shall ensure that the walkway and deck are effectively drained to prevent the accumulation of standing water.

(5) A swimming pool owner shall ensure that a walkway slopes away from the swimming pool for not less than 4 feet.

(6) A swimming pool owner shall ensure that a coping or other means is provided to prevent water flow from a walkway into the swimming pool.

(7) A swimming pool owner shall ensure that a deck drain discharges to waste only.

(8) A swimming pool owner shall ensure that roof drainage is not routed onto a swimming pool walkway or deck.

**History**
- *History: 2001 AACS.*

##### **Mich. Admin. Code R 325.2131** Drinking fountains {#sec-r-325.2131 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.2131}

Rule 31. (1) A swimming pool owner shall provide a drinking fountain at a swimming pool.

(2) A swimming pool owner shall ensure that a drinking fountain is an angle jet-type fountain and is located where it is readily accessible to the bathers and is not a safety hazard.

(3) A swimming pool owner shall ensure that wastewater from a drinking fountain is routed to waste in accordance with R 408.30701 et seq.

(4) A swimming pool owner shall ensure that a drinking fountain is not located in a toilet area or shower area.

**History**
- *History: 1979 AC; 1983 AACS; 2001 AACS.*

##### **Mich. Admin. Code R 325.2132** Water depths; depth markings; lifelines {#sec-r-325.2132 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.2132}

Rule 32. (1) A swimming pool owner shall ensure that the following maximum water depths are complied with:

(a) Not more than 5.25 feet in a swimming pool which is smaller than 800 square feet in water surface area and which has a shallow area for walking or standing.

(b) Not more than 1.5 feet in a wading pool.

(2) A swimming pool owner shall plainly mark the depth of water in a swimming pool on the walkway next to the swimming pool.

(3) A swimming pool owner shall provide depth markers as necessary to indicate the depth of water as follows:

(a) At each side and at each end of the pool.

(b) At the maximum and the minimum depths.

(d) At other critical points.

(e) At intermediate points not more than 25 feet apart measured peripherally, except at a river ride pool.

(f) At each means of egress at a river ride pool.

(4) A swimming pool owner shall ensure that a depth marker is in compliance with all of the following requirements:

(a) Has legible numerals.

(b) Is not less than 4 inches high.

(d) Indicates the units of measure.

(e) Indicates the water depth from the minimum operating water level to the bottom of the pool at that point.

(5) A swimming pool owner shall place the words "no diving" between the depth markers on the walkway where the water depth is less than 5 feet at a swimming pool. A swimming pool owner shall ensure that the words meet the requirements of subrule (4) of this rule.

(6) A swimming pool owner may place "no diving" symbols that are not less than 4 inches high on the walkway in place of the words "no diving" required by subrule (5) of this rule.

(7) A swimming pool owner is not required to place depth markers at the zero depth end of a pool.

(8) A swimming pool owner is not required to place "no diving" markers at a spa pool, wading pool, scuba diving pool, or at the zero depth end of a pool.

(9) A swimming pool owner shall place a sign in a scuba diving pool enclosure which states that the pool is for scuba diving only.

(10) A swimming pool owner shall provide a lifeline at a swimming pool, other than a water slide pool or a wave pool, at a change in floor slope where the water depth is less than 5 feet or at the 5-foot depth if the slope does not change.

(11) A swimming pool owner shall ensure that the lifeline has floats and anchors in both sidewalls near the water level.

**History**
- *History: 1979 AC; 1983 AACS; 2001 AACS.*

##### **Mich. Admin. Code R 325.2133** Diving areas and facilities; "plummet" defined {#sec-r-325.2133 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.2133}

Rule 33. (1) A swimming pool owner shall not install a diving facility unless the department approves in writing before the installation.

(2) A swimming pool owner shall ensure that a diving area conforms to table 1 and figure 1 of this rule.

(3) Table 1 and figure 1 read as follows:

Table 1 Diving Areas Letters below refer to Figure1 Boardheightin meters 0.5Meter1.0Meter3.0 Meters Board height (feet) 1'8 " 3'4" 9'11"

Board length (feet) 10'0" 16'0" 16'0"

Boardwidth(feet) 1'8 " 1'8" 1'8"

Minimumdimensionsinfeet A Distance from plummet back to pool wall 2'0" 5'0" 6'0"

BDistancefromplummettopoolwallatside 8'3" 8'3" 11'6"

CDistancefromplummettoadjacentplummet 7'1" 7'1" 8'3"

DDistancefromplummettopoolwallahead 26'0" 29'7" 33'8"

E Height from board to ceiling at plummet and distances F and G 16'0" 16'0" 16'0"

F Clear overhead distance behind and each side of plummet 8'0" 8'0" 8'0"

GClear overhead distance ahead of plummet 16'0" 16'0" 16'0"

HDepthofwateratplummet 8'6" 11'0" 12'0"

J Distance ahead of plummet to depth K 12'0" 16'5" 19'9"

K Depth at distance J ahead of plummet 8'3" 10'9" 11'9"

LDistance at each side of plummet to depth M 8'0" 5'0" 6'7"

M DepthatdistanceLoneachsideofplummet 8'3" 10'9" 11'9"

NMaximumslopetoreduceheightE30degrees30degrees30degrees Maximumfloorslopetoreducedepthaheadof K, to the sides of M, or back to pool wall behind H 1:3 1:2 1:2 (4) "Plummet" means a vertical line which passes through the end of, and which is at the center line of, a diving board or diving platform.

(5) A swimming pool owner shall install diving equipment in compliance with this rule and the equipment manufacturer's recommendations.

(6) A swimming pool owner shall ensure that a diving board, platform, and appurtenances meet all of the following requirements:

(a) Be constructed to ensure stability and safely carry the maximum anticipated loads.

(b) Be constructed of corrosion-resistant, easily cleanable, nonabsorbent, and slipresistant materials.

(d) For a diving stand or platform 1.0 meter or higher above the water, have guard railings on both sides of the diving board which extend to a position above the edge of the water and which are equipped with intermediate rails. A diving stand or platform used exclusively for competitive purposes is exempt from this subdivision.

(7) A swimming pool owner shall consider the safety of swimmers and divers in the location and orientation of diving facilities. A swimming pool owner shall locate all diving boards and diving platforms at a pool on the same wall.

(8) For pools that have diving facilities which were constructed before the effective date of this rule and which do not comply with this rule, the department may approve the diving facilities for competitive purposes. For competitive purposes, a swimming pool owner shall ensure that the pool diving depths and facilities meet the requirements in effect on March 24, 1971 and shall operate the facilities in accordance with R 325.2198.

(9) If a pool is not in compliance with the requirements of this rule, and if the department has issued a correction order to remedy an unsafe condition under R 325.2114, then a swimming pool owner shall remove a diving facility or bring it into compliance with this rule.

**History**
- *History: 1979 AC; 1983 AACS; 2001 AACS.*

##### **Mich. Admin. Code R 325.2134** Ladders, stairways, and ramps {#sec-r-325.2134 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.2134}

Rule 34. (1) A swimming pool owner shall equip a swimming pool with ladders, stairways, or similar means of egress in compliance with all of the following provisions:

(a) Have at least 1 means of egress at each end of a pool, other than a wading pool, water slide pool, or a spa pool, that is less than 30 feet wide.

(b) Have not less than 2 means of egress located at opposite sides and at each end of a pool, other than a wading pool or a water slide pool, that is 30 or more feet wide.

(d) Have a means of egress consisting of a ladder, stairway, or ramp for a pool other than a water slide pool or a spa pool.

(e) Have a means of egress consisting of a stairway or ramp for a water slide pool or a spa pool.

(f) Have at least 1 ladder for each diving board in a diving area.

(2) A swimming pool owner shall ensure that the distance from any point in a swimming pool to a means of egress is not more than 50 feet, except that a wave pool may have more than 50 feet to a means of egress where the water depth is less than 3.5 feet.

(3) A swimming pool owner shall ensure that a swimming pool ladder is corrosionresistant and sturdy and has slip-resistant treads, side rails extending over the deck, and not more than 6 inches of clearance to the swimming pool wall. A swimming pool owner shall ensure that a recessed ladder has stepholes which drain into the swimming pool and which are easily cleanable and has a grab rail at each side of the ladder.

(4) A swimming pool owner shall ensure that a stairway leading into a swimming pool is in compliance with all of the following provisions:

(a) Has slip-resistant treads.

(b) Has uniform size treads that are not less than 12 inches deep and uniform size risers that are not more than 10.5 inches high for a swimming pool other than a spa pool.

(c) Has uniform size treads that are not less than 11 inches deep and uniform size risers that are not more than 12 inches high for a spa pool.

(d) Has the front edge of each step marked in a color that contrasts with the background.

(e) Is located where the water depth is either not more than 4 feet or is in a diving area and is located where the stairway will not be a hazard to swimmers.

(f) Has 1 sturdy handrail per 12 feet of the stairway width or fraction of 12 feet or in accordance with other applicable codes and is reachable for the length of the stairway. The stairway may have the top tread wider and the top or bottom riser shorter than the others.

(5) A swimming pool owner shall ensure that a ramp leading into a swimming pool is in compliance with all of the following provisions:

(a) The slope is not steeper than 1 in 12 from the horizontal.

(b) Terminates where the water depth is 3.5 feet or less.

(d) Is slip-resistant.

(e) Has a sturdy handrail along each side of the ramp which is reachable for the length of the ramp.

(6) A swimming pool owner shall ensure that a stairway or ramp for a water slide pool is wide enough to accommodate the expected usage and, preferably, as wide as the exit end of the pool.

**History**
- *History: 1979 AC; 1983 AACS; 2001 AACS.*

##### **Mich. Admin. Code R 325.2135** Starting platforms {#sec-r-325.2135 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.2135}

Rule 35. (1) After the effective date of this rule, if starting platforms are provided at a swimming pool, then a swimming pool owner shall ensure that the platforms are in compliance with the following water depth and platform height requirements, as applicable:

(a) For water depths less than 79 inches, starting platforms shall not be installed.

(b) For water depths 79 inches and deeper across all swimming lanes, the front edge of the starting platforms shall be not higher than 30 inches above the water surface.

(2) A swimming pool owner shall ensure that a starting platform meets all of the following requirements:

(a) Is installed where the minimum water depth is maintained for a distance from 2 feet to not less than 19 feet out from the edge of the pool across all swimming lanes.

(b) Is installed with the front edge extending to the edge of the water.

(3) A swimming pool owner shall ensure that a starting platform that was installed before the effective date of this rule and has water depths less than 60 inches is brought into compliance with subrules (1) and (2) of this rule or is permanently removed.

**History**
- *History: 2001 AACS.*

##### **Mich. Admin. Code R 325.2136** Water circulation {#sec-r-325.2136 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.2136}

Rule 36. (1) A swimming pool owner shall equip a swimming pool for continuous, uniform circulation of treated water within the swimming pool tank and for continuous removal, treatment, and reuse of the water.

(2) A swimming pool owner shall ensure that the water recirculation and treatment system is adequate for recirculating and treating the entire volume of water as follows:

(a) In 6 hours or less for a swimming pool.

(b) In 1 hour or less for a wading pool.

(d) In 2 hours or less for a river ride pool.

(e) In 1 hour or less for a water slide pool.

(f) In 4 hours or less for a wave pool.

(g) In less time than specified in subdivisions (a) to (f) of this subrule if necessary to meet the hydraulic design requirements for the surface skimmer system required by R 325.2144.

(h) In less time than specified in subdivisions (a) to (f) of this subrule if necessary to remedy water quality, clarity, or other operational problems.

(3) The swimming pool owner shall ensure that the entire volume of a special purpose pool is recirculated and treated at a rate acceptable to the department.

**History**
- *History: 1979 AC; 1983 AACS; 2001 AACS.*

##### **Mich. Admin. Code R 325.2137** Swimming pool water piping {#sec-r-325.2137 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.2137}

Rule 37. (1) A swimming pool owner shall ensure that swimming pool water piping is all of the following:

(a) Nontoxic material.

(b) A potable water grade.

(d) Resistant to corrosion.

(e) Rated to withstand operating pressures of not less than 160 pounds per square inch.

(2) A swimming pool owner shall ensure that plastic pipe is equivalent to either of the following types of piping, as determined by the department:

(a) Piping certified for potable water by NSF International or other nationally recognized certifying agency.

(b) Schedule 40 polyvinyl chloride or heavier piping.

(3) A swimming pool owner shall ensure that plastic piping is not used for the piping from 5 feet upstream to 5 feet downstream from a water heater, unless the heater manufacturer's written recommendations approve the use of shorter piping or a specific pipe product.

(4) A swimming pool owner shall ensure that the piping is designed to carry the required quantities of water at velocities of not more than 5 feet per second in suction piping and 10 feet per second in pressure piping, unless greater velocities are warranted.

(5) A swimming pool owner shall ensure that the piping meets all of the following requirements:

(a) Is protected against erosion, corrosion, mechanical damage, and other deterioration.

(b) Is provided with fittings necessary for disassembly of any part.

(6) A swimming pool owner shall mark exposed pool piping with labels and arrows showing the normal direction of water flow.

**History**
- *History: 1979 AC; 1983 AACS; 2001 AACS.*

##### **Mich. Admin. Code R 325.2138** Flow controls; rate-of-flow indicators {#sec-r-325.2138 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.2138}

Rule 38. (1) A swimming pool owner shall provide a valve for regulating the rate of flow through a swimming pool in the recirculation pump discharge piping.

(2) A swimming pool owner shall provide a rate-of-flow indicator on the pump discharge piping before or after the filter.

(3) A swimming pool owner shall ensure that a rate-of-flow indicator meets all of the following requirements:

(a) Is the proper size and design for the pipe and system on which it is installed.

(b) Has a durable scale that is graduated in gallons per minute.

(d) Is installed where it is readily accessible for reading and maintenance.

(e) Is installed with straight pipe upstream and downstream from the indicator to any fitting or restriction in accordance with the manufacturer's recommendations.

**History**
- *History: 1979 AC; 1983 AACS; 2001 AACS.*

##### **Mich. Admin. Code R 325.2141** Inlets {#sec-r-325.2141 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.2141}

Rule 41. (1) A swimming pool owner shall ensure that a swimming pool water inlet system has inlets adequate in design, number, and location to ensure uniform distribution of treated water throughout the swimming pool.

(2) A swimming pool owner shall ensure that an inlet meets all of the following requirements:

(a) Is equipped for flow rate adjustment.

(b) Does not extend from the swimming pool wall or floor so as to create a hazard.

(c) Is not less than 12 inches below the water level or is not less than 6 inches below the water level and designed to direct the flow downward.

(3) A swimming pool owner shall ensure that a pool has the following number of inlets:

(a) Not less than 2 inlets.

(b) Not less than 1 inlet per 20 lineal feet of swimming pool periphery, except at a river ride pool.

(c) More inlets than required in subdivision (a) or (b) of this subrule if necessary for the uniform circulation of water.

(4) A swimming pool owner shall ensure that the location of inlets for a swimming pool other than a river ride pool or a water slide pool is as follows:

(a) For a wall inlet system, inlets shall be spaced not more than 20 feet apart as measured along the swimming pool wall.

(b) For a floor inlet system, inlets shall be uniformly spaced not more than 20 feet apart and there shall be an inlet not more than 15 feet from each wall.

(c) Where water circulation might be impaired, there shall be at least 1 inlet located in each recessed stairwell, underwater seat, or other space.

(5) A river ride pool or water slide pool owner shall provide a pool with 1 or more inlets adequate in number and location to provide and maintain flow rates and water quality in accordance with R 325.2194.

**History**
- *History: 1979 AC; 1983 AACS; 2001 AACS.*

##### **Mich. Admin. Code R 325.2142** Main and other outlets {#sec-r-325.2142 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.2142}

Rule 42. (1) A swimming pool owner shall ensure that a swimming pool has 2 or more main outlets for the recirculation system pump for continuous removal of water for treatment and for emptying the pool.

(2) A swimming pool owner shall ensure that the main outlets for the recirculation system pump meet all of the following requirements:

(a) Are designed and located to ensure the complete draining of the pool.

(b) Are designed and located to prevent entrapment and to prevent the restriction of flow by the simultaneous covering of all outlets on the system by 1 person.

(d) Are covered with a grate which is not hazardous to bathers, which is secured in place, and which is removable only with tools.

(e) Have an open area for each grate large enough to assure water entrance velocities of not more than 2 feet per second, with as close as practical to equal flow through each outlet grate.

(f) Have the total open area for all main outlet grates large enough to assure water entrance velocities of not more than 1 foot per second.

(g) Are interconnected with unrestricted piping that does not contain valves.

(3) If another pump or pumps are provided, then a swimming pool owner shall ensure that the same outlet system supplying water to the pumps complies with the requirements of subrules (2)(b), (c), (d), (e), (f), and (g) of this rule.

(4) A swimming pool owner shall ensure that all outlet openings meet both of the following requirements:

(a) Are not less than 3 feet nor more than 20 feet from another outlet as measured center to center.

(b) Are provided not more than 15 feet from a sidewall for a main outlet.

(5) A swimming pool owner shall ensure that all outlet discharge piping is valved in the equipment room as close as practical to the pump suction.

**History**
- *History: 1979 AC; 1983 AACS; 2001 AACS.*

##### **Mich. Admin. Code R 325.2143** Overflow systems {#sec-r-325.2143 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.2143}

Rule 43. (1) A swimming pool owner shall ensure that a swimming pool is equipped with an overflow system to remove floating material from the water surface. A swimming pool owner shall ensure that a swimming pool that is not more than 2,400 square feet in water surface area has either a perimeter overflow system or surface skimmers or that a swimming pool which is more than 2,400 square feet in water surface area has a perimeter overflow system.

(2) A swimming pool owner shall ensure that a perimeter overflow system meets all of the following requirements:

(a) Extends completely around the swimming pool, except for a spa pool, river ride pool, water slide pool, a special purpose pool, or a location where the design and construction of the perimeter overflow system must change due to construction limitations.

(b) Has the overflow lip as level as practical, plus or minus 1/8 inch.

(d) Permits ready inspection, cleaning, and repair.

(e) Is designed for removal of the water at a rate of not less than 100% of the design flow rate.

(f) Provides for discharging the water for treatment and reuse.

(g) Provides a handhold for bathers.

(h) Effectively removes floating materials from the water surface.

(3) A swimming pool owner shall ensure that a perimeter overflow system extends as follows:

(a) Around a spa pool or a water slide pool in a manner acceptable to the department.

(b) Around a river ride pool at major changes of direction acceptable to the department.

(c) Around a special purpose pool in locations acceptable to the department where the shape of the pool may cause practical difficulties in the construction of a continuous perimeter overflow system.

**History**
- *History: 1979 AC; 1983 AACS; 2001 AACS.*

##### **Mich. Admin. Code R 325.2143a** Overflow system open tanks and surge capacity {#sec-r-325.2143a omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.2143a}

Rule 43a. (1) A swimming pool owner shall equip a swimming pool equipped with a perimeter overflow system with an open tank for containing the free discharge of water from the perimeter overflow system for treatment and reuse.

(2) A swimming pool owner shall ensure that an open tank meets all of the following requirements:

(a) Has a capacity from the design operating level of the surge tank to the tank overflow elevation of not less than 2 minutes of flow from the filtration pump.

(b) Has an automatic means to supply potable water to the pool or to the open tank that is activated based on the water level in the pool or in the open tank.

(i) Is sufficiently lower than the perimeter overflow system lip to assure continuous flow at the design flow rate.

(ii) Is designed to prevent flooding of the equipment room or other areas in case of mechanical failure.

(d) Has a means to automatically regulate the main outlet system flow rate based on the variation of water level in the open tank or perimeter overflow system.

(e) Has a means to completely drain the open tank when necessary.

(3) A swimming pool owner shall ensure that a pool which has a perimeter overflow system has surge capacity of not less than 1 gallon per square foot of pool water surface area. A swimming pool owner shall ensure that total surge capacity is the sum of the open tank capacity and either of the following if capacity is available:

(a) Capacity in the perimeter overflow system.

(b) Capacity in the pool of not more than 50% of the required surge capacity if the perimeter overflow system is equipped with surge weirs.

**History**
- *History: 2001 AACS.*

##### **Mich. Admin. Code R 325.2144** Surface skimmers and surge weirs {#sec-r-325.2144 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.2144}

Rule 44. (1) A swimming pool owner shall ensure that a swimming pool, other than a spa pool, which is equipped with surface skimmers or a perimeter overflow system that has surge weirs has at least 1 surface skimmer or surge weir for every 500 square feet of water surface area or fraction of 500 square feet. A swimming pool owner shall provide additional surface skimmers or surge weirs if necessary for effective skimming or to meet the surface skimmer hydraulic design requirements.

(2) A swimming pool owner shall ensure that a spa pool has 1 surface skimmer for every 250 square feet of surface area or fraction of 250 square feet.

(3) A swimming pool owner shall not provide a spa pool, a river ride pool, or a wave pool equipped with a perimeter overflow system with surge weirs.

(4) A swimming pool owner shall ensure that a surface skimmer or surge weir is in compliance with both of the following provisions:

(a) Is designed to effectively remove floating material from the water surface.

(b) Is located to ensure proper skimming of the entire water surface with minimum interference and minimum short-circuiting.

(5) A swimming pool owner shall ensure that a surface skimmer meets all of the following requirements:

(a) Has an automatically adjustable weir.

(b) Has an easily removable and cleanable strainer basket.

(d) If an equalizer pipe is provided, the pipe has a device that will remain tightly closed under normal operating conditions.

(e) Is built into the swimming pool wall and does not create a safety hazard.

(6) A swimming pool owner shall ensure that a swimming pool recirculation system is designed for a flow of 37.5 gallons per minute per surface skimmer with 80% of the flow (30 gallons per minute) to be directed through the skimmer and 20% of the flow (7.5 gallons per minute) to be directed through the main drain.

(7) A swimming pool owner shall ensure that a surface skimmer piping system is equipped with a means to adjust the flow through each skimmer either in each skimmer or in the equipment room as close as practical to the pump suction to provide for uniform surface skimming and to allow balancing of flow between the skimmer system and the main outlet system.

(8) A swimming pool owner shall ensure that a surge weir for a perimeter overflow system meets all of the following requirements:

(a) Is designed to effectively skim the water surface.

(b) Is designed for a minimum flow rate of 50 gallons per minute and for 20 gallons per minute per lineal foot of weir.

(d) Is built into the perimeter overflow system and does not create a safety hazard.

**History**
- *History: 1979 AC; 1983 AACS; 2001 AACS.*

##### **Mich. Admin. Code R 325.2145** Recirculation pumps {#sec-r-325.2145 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.2145}

Rule 45. (1) A swimming pool owner shall ensure that a recirculation system is equipped with a single pump that has a sufficient capacity for recirculating the swimming pool volume of water within the time period required in R 325.2136 and for providing flow adequate for cleaning the filters.

(2) A swimming pool owner shall ensure that the pump and motor meet all of the following requirements:

(a) Are capable of continuous operation.

(b) Are self-priming if the pump or suction piping is above the swimming pool water level.

(c) Are manufactured of materials suitable for continuous exposure to water and normal concentrations of pool treatment chemicals.

(d) Are securely mounted to prevent strain on the piping.

(e) Are equipped with an emergency shutoff device.

(3) A swimming pool owner shall install a gauge to measure the pump discharge pressure.

(4) If the water is pumped from the swimming pool to the filters, a swimming pool owner shall provide a strainer on the suction side of the pump and shall ensure that the strainer meets all of the following requirements:

(a) Is corrosion-resistant, readily removable, and easily cleanable.

(b) Is equipped with valves to permit removal of the strainer basket without water flowing through the chamber.

(5) A swimming pool owner shall not install a timer to control the operation of the recirculation pump.

**History**
- *History: 1979 AC; 1983 AACS; 2001 AACS.*

##### **Mich. Admin. Code R 325.2146** Water agitation and other pump systems {#sec-r-325.2146 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.2146}

Rule 46. (1) If agitation of the water in a spa pool is provided or if other pump systems in a swimming pool are provided, then a pool owner shall ensure that the agitation or other water movement is accomplished with a pump separate from the water treatment and recirculation system pump.

(2) A pool owner shall ensure that an electrical switch, timer, or emergency shutoff device to operate the agitation system pump is not reachable from the pool.

(3) A swimming pool owner shall equip a wave pool with not less than 2 emergency wave shutoff devices and shall locate 1 device on each side of the pool at a fixed lifeguard station.

(4) If an air induction system is provided, a pool owner shall ensure that the system meets both of the following requirements:

(a) Is designed to prevent water backup that could cause electrical shock hazards.

(b) Is designed so the air intake source does not permit the introduction of toxic fumes or other contaminants.

**History**
- *History: 1983 AACS; 2001 AACS.*

##### **Mich. Admin. Code R 325.2151** Filters {#sec-r-325.2151 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.2151}

Rule 51. (1) A swimming pool owner shall ensure that a swimming pool water treatment system has 1 or more filters for clarifying the water. A swimming pool owner shall ensure that a filter meets all of the following requirements:

(a) Is capable of producing acceptable water clarity.

(b) Enables easy removal of the material filtered out.

(d) Is installed with adequate clearance and facilities for ready and safe inspection, operation, maintenance, disassembly, and repair.

(2) A swimming pool owner shall ensure that a filter system shall have sufficient filtration area to meet the required flow rate without exceeding the established maximum filtration rate demonstrated to produce acceptable water clarity.

**History**
- *History: 1979 AC; 1983 AACS; 2001 AACS.*

##### **Mich. Admin. Code R 325.2152** Sand-type filters {#sec-r-325.2152 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.2152}

Rule 52. (1) A swimming pool owner shall ensure that a sand-type filter system is designed to operate at a maximum filtration rate of 20 gallons per minute per square foot of filter area and a backwash rate of 15 gallons per minute per square foot of filter area.

The department may approve other flow rates based on test data or other performance data that demonstrate compliance with R 325.2151.

(2) A swimming pool owner shall ensure that the backwash water is discharged to waste and that a means for viewing backwash water clarity is provided.

**History**
- *History: 1979 AC; 1983 AACS; 2001 AACS.*

##### **Mich. Admin. Code R 325.2153** Diatomaceous earth-type filters {#sec-r-325.2153 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.2153}

Rule 53. (1) A swimming pool owner shall ensure that a diatomaceous earth-type filter system meets all of the following requirements, as applicable:

(a) Is designed to operate at a maximum rate of 1.5 gallons per minute per square foot of filter area.

(b) Is designed to operate at a maximum rate of 2 gallons per minute per square foot of filter area if body feed equipment is provided that is capable of applying 0.1 pound of diatomaceous earth per square foot of filter area per 24 hours.

(c) Is designed to discharge the precoat filter effluent to waste or to an open tank for recirculation through the filter and not to the swimming pool or through a closed recirculation system.

(2) A swimming pool owner shall provide a means for viewing the precoating effluent clarity.

(3) A swimming pool owner shall ensure that the filter allows the effective removal of the filter-aid and the filtered-out material from the septums and the filters to waste without disassembly of the filters.

(4) A swimming pool owner shall ensure that a pressure diatomaceous earth-type filter system shall have a precoat pot.

**History**
- *History: 1979 AC; 1983 AACS; 2001 AACS.*

##### **Mich. Admin. Code R 325.2154** Filter accessories {#sec-r-325.2154 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.2154}

Rule 54. (1) A swimming pool owner shall ensure that a filter system is equipped with valves and piping necessary to isolate the filters for maintenance and repair and to completely drain all parts of the filter system.

(2) A swimming pool owner shall ensure that a pressure-type filter system is equipped with a gauge to indicate the filter influent pressure and, if the filter system is lower than the swimming pool water surface, is equipped with a gauge to measure the filter effluent pressure.

(3) A swimming pool owner shall ensure that a pressure gauge meets all of the following requirements:

(a) Is graduated in pounds per square inch (psi).

(b) Has an appropriate range of readings.

(d) Is located so it can be read easily.

(4) A swimming pool owner shall ensure that a pressure filter tank has a manual air release connected to the top of the tank, unless air can be expelled easily by another means.

(5) A swimming pool owner shall ensure that a vacuum-type filter system is equipped with a vacuum gauge in the piping between the filter and the recirculation pump.

(6) A swimming pool owner shall ensure that the vacuum gauge meets all of the following requirements:

(a) Is graduated in inches of mercury in 1-inch increments.

(b) Has an appropriate range of readings.

(d) Is located so it can be read easily.

**History**
- *History: 1979 AC; 1983 AACS; 2001 AACS.*

##### **Mich. Admin. Code R 325.2155** Cartridge-type filters {#sec-r-325.2155 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.2155}

Rule 55. (1) A swimming pool owner shall ensure that a cartridge-type filter system meets all of the following requirements:

(a) Is designed for a maximum flow rate of 3/8 of a gallon per minute per square foot of filter area.

(b) Is equipped with a means to drain the filter tank to prevent equipment room flooding.

(d) Is provided with a means, on the premises and acceptable to the department, for cleaning the cartridges according to the manufacturer's recommendations.

**History**
- *History: 1983 AACS; 2001 AACS.*

##### **Mich. Admin. Code R 325.2156** Disinfectants and other chemicals {#sec-r-325.2156 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.2156}

Rule 56. (1) A chemical manufacturer shall provide evidence to the department that a chemical or other additive for disinfecting or otherwise treating swimming pool water meets all of the following requirements:

(a) Does not create objectionable physiological effects to bathers.

(b) Does not impart toxic or other deleterious properties to bathers or to the water.

(d) Is safely and simply handled and closely controlled in its usage.

(e) Is measured by readily applied poolside tests to determine its concentration, residual, or effectiveness.

(2) The department may authorize the use of a disinfectant if the owner applies the disinfectant in a concentration that is appropriate, practical, and safe under normal pool conditions and if the disinfectant has been demonstrated, to the department, to be as effective in disinfection as both of the following:

(a) A free available chlorine residual of 1.0 milligram per liter at a pH of 7.2.

(b) A solution that has an oxidation-reduction potential equivalent to 650 millivolts or more as measured with a silver-silver chloride electrode.

(3) A swimming pool owner shall apply the disinfectant at a suitable point in the recirculation system for effective disinfection of the recirculating water.

**History**
- *History: 1979 AC; 1983 AACS; 2001 AACS.*

##### **Mich. Admin. Code R 325.2157** Chemical feeders {#sec-r-325.2157 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.2157}

Rule 57. (1) A swimming pool owner shall ensure that a swimming pool has a chemical feeder and auxiliary equipment for the safe, continuous, controlled application of a chemical for disinfection of the water and the production and maintenance of a suitable residual of the disinfectant.

(2) A swimming pool owner shall ensure that the chemical feeder meet all of the following requirements:

(a) Has sufficient capacity for achieving the required disinfectant residual.

(b) Is easily adjustable in output rate.

(d) Is resistant to corrosion or clogging from the chemicals intended to be used in it.

(e) Is easy and safe to disassemble and reassemble for cleaning and maintenance.

(3) If a feeder for pH control is provided, then a swimming pool owner shall install the feeder in accordance with the manufacturer's recommendations in a manner acceptable to the department.

(4) A swimming pool owner shall connect an electrically operated chemical feeder to an electrical outlet energized only when the filtration pump is operating.

**History**
- *History: 1979 AC; 1983 AACS; 2001 AACS.*

##### **Mich. Admin. Code R 325.2158** Liquid chlorine {#sec-r-325.2158 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.2158}

Rule 58. A swimming pool owner shall not use liquid chlorine (liquefied elemental chlorine gas) at a swimming pool.

**History**
- *History: 1979 AC; 1983 AACS; 2001 AACS.*

##### **Mich. Admin. Code R 325.2159** Chemical test equipment {#sec-r-325.2159 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.2159}

Rule 59. (1) A swimming pool owner shall provide, at a swimming pool, equipment for testing the disinfectant residual, the pH, and any other chemical characteristics of the water determined by the department to be important in the control of water quality which may include total alkalinity, calcium hardness, total dissolved solids, and cyanuric acid levels.

(2) A swimming pool owner shall ensure that a chemical test kit meets all of the following requirements:

(a) Is durable under normal pool use and storage conditions.

(b) Has an appropriate range of accuracy.

(d) Is safe and simple to use.

(3) A swimming pool owner shall ensure that the pH test kit standards range from 6.8 to 8.0.

(4) A swimming pool owner shall ensure that the disinfectant test kit standards range from 0.0 to 5.0 mg/l or higher and are readable to the nearest 0.5 mg/l.

(5) A swimming pool owner shall use the n,n-diethyl-p-phenylenediamine (dpd) indicator or other generally accepted standard method for determining the disinfectant residual.

(6) When a cyanurate is used for disinfectant stabilization, a swimming pool owner shall provide test equipment for the cyanuric acid level.

**History**
- *History: 1979 AC; 1983 AACS; 2001 AACS.*

##### **Mich. Admin. Code R 325.2161** Water heaters and thermometers {#sec-r-325.2161 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.2161}

Rule 61. (1) A swimming pool owner shall ensure that a swimming pool water heater piping system includes an external bypass of the heater if the swimming pool is larger than 3,000 gallons in volume or if the water heater is not designed for at least 100% of the required recirculation flow rate.

(2) A swimming pool owner shall not install a heating coil, pipe, or steam hose in a swimming pool.

(3) A swimming pool owner shall provide an automatic shutoff device for the heater that maintains pool water temperatures not to exceed those specified in R 325.2194.

(4) If a swimming pool has a pool water heater, then the owner shall provide a fixed thermometer at a point in the piping before the pool water heater to measure the temperature of the flowing water.

(5) A swimming pool owner shall ensure that a thermometer meets all of the following requirements:

(a) Is graduated to indicate temperature to the nearest 2 degrees Fahrenheit in the operating range.

(b) Is located to be read easily.

(d) Is located and installed in compliance with R 408.4001 et. seq.

**History**
- *History: 1979 AC; 1983 AACS; 2001 AACS.*

##### **Mich. Admin. Code R 325.2163** Vacuum cleaning systems {#sec-r-325.2163 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.2163}

Rule 63. A swimming pool owner shall provide a vacuum cleaning system that is capable of cleaning the swimming pool.

**History**
- *History: 1979 AC; 1983 AACS; 2001 AACS.*

##### **Mich. Admin. Code R 325.2165** Safety equipment {#sec-r-325.2165 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.2165}

Rule 65. (1) A swimming pool owner shall equip a swimming pool with an acceptable long spineboard that has a minimum of 3 ties, runners, and a head immobilizer.

(2) A swimming pool owner shall equip a swimming pool with a first aid kit which is used primarily to treat small cuts, bruises, and burns and which contains all of the following first aid materials or their equivalent:

(a) Four units of adhesive bandages, 1 inch by 3 inches.

(b) Two units of 2-inch bandage compress.

(d) One unit of 4-inch bandage compress.

(e) Two units of absorbent gauze pad, 3 inches by 3 inches.

(f) One unit of gauze compress, 18 inches by 36 inches.

(g) Two units of large gauze compress, 24 inches by 72 inches.

(h) Two units of 4-inch gauze roller bandages.

(i) Two units of triangular bandages.

(j) One unit of scissors.

(k) One unit of tweezers.

(l) Two units of instant ice packs.

(m) Two units of latex disposable gloves.

(n) One unit of adhesive plaster tape.

(3) A swimming pool owner shall equip a swimming pool with a kit to clean up blood spills which consists of as a minimum, a pair of medical-grade latex gloves and a antimicrobial hand wipe.

(4) A swimming pool owner shall equip a swimming pool, other than a wading pool or a spa pool, with both of the following:

(a) A 1-piece, 12-foot long rescue pole which has blunt ends and which may have a shepherd's crook.

(b) A ¼-inch diameter throwing rope as long as 1 ½ times the maximum width of the swimming pool or 50 feet, whichever is less, with 1 end attached to an 18-inch diameter ring buoy or rescue bag.

(5) A swimming pool owner shall equip a pool at which lifeguard service is provided with all of the following:

(a) A megaphone or public address (b) One whistle per lifeguard on duty.

(d) One resuscitation mask per lifeguard on duty.

(6) When multiple swimming pools are in the same enclosure or in close proximity, the department or local health department may accept 1 set of safety equipment for all of the pools.

(7) A swimming pool owner shall keep all required safety equipment in the pool enclosure or at another location approved by the department or local health department and shall keep the equipment stocked, in good repair, and in ready condition.

(8) A swimming pool owner shall provide a telephone or other suitable means of communication for emergencies. The owner may locate the telephone or other means of communication in any of the following areas:

(a) Within the pool enclosure.

(b) In another location approved, in writing, by the department. If another location is approved, the owner shall post a sign indicating the location of the telephone within the pool enclosure.

(9) A swimming pool owner shall post a sign at the telephone that indicates the phone numbers for emergency response agencies and the name and address of the swimming pool to assist emergency personnel in locating the facility.

**History**
- *History: 1979 AC; 1983 AACS; 2001 AACS.*

##### **Mich. Admin. Code R 325.2171** Mechanical equipment rooms {#sec-r-325.2171 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.2171}

Rule 71. (1) A swimming pool owner shall ensure that a swimming pool mechanical equipment room meets all of the following requirements:

(a) Is a properly lighted and ventilated structure constructed in accordance with the general rules of the construction code commission.

(b) Affords the mechanical equipment protection from the weather.

(d) Prevents unauthorized access.

(e) Is properly drained.

(f) Enables servicing of the equipment.

(g) Does not have a hatch-type opening located in a swimming pool enclosure.

(h) Is easily accessible by a ramp or stairway if it is located at a floor level different from the pool enclosure.

(i) Has a minimum ceiling height of 7 feet.

(j) Has a sufficient usable floor area to permit servicing, removal, and replacement of all equipment, as follows:

(i) Has the greater of 80 square feet or 6.25% of the pool surface area, plus 30 square feet.

(ii) Has additional area equal to not less than 50% of the area calculated in paragraph (i) of this subdivision for an additional pool of equal or smaller surface area built at the same time or later.

**History**
- *History: 1979 AC; 1983 AACS; 2001 AACS.*

##### **Mich. Admin. Code R 325.2172** Storage areas; offices; other rooms {#sec-r-325.2172 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.2172}

Rule 72. (1) Suitable space shall be provided for the storage of chemicals, tools, equipment, supplies, and records where they will be readily available, adequately ventilated, and protected from weather. Physical separation of incompatible chemicals shall be provided.

(2) A storage area, office, mechanical equipment room, or other room adjacent to a swimming pool shall be arranged to minimize traffic by people in shoes across the deck.

**History**
- *History: 1979 AC; 1983 AACS.*

##### **Mich. Admin. Code R 325.2174** Bathhouse facilities, location, and design {#sec-r-325.2174 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.2174}

Rule 74. (1) A swimming pool owner shall ensure that a swimming pool has a bathhouse with dressing, shower, and toilet facilities based on the maximum bather load prescribed by R 325.2193 and the fixture schedule prescribed by R 325.2175, except as follows:

(a) Dressing and shower facilities are not required for a wading pool only.

(b) The department may approve reductions in required poolside dressing, shower, and toilet facilities for a swimming pool located at establishments that have living units which are readily accessible from the swimming pool. If reductions in bathhouse facilities are approved, then the owner shall restrict the use of the swimming pool to residents or registered guests only. For apartments, condominiums, hotels, motels, manufactured housing communities, resorts, town houses, and similar establishments, the department may approve reductions in required facilities as follows:

(i) For a bather load of 100 persons or less, there shall be at least 1 nonenclosed poolside shower, 1 water closet for each sex, and 1 lavatory for each sex.

(ii) For a bather load of more than 100 persons, a 50% reduction in fixtures is permissible.

(iii) Dressing areas may be eliminated.

(c) The department or local health department may approve nonenclosed poolside showers to replace enclosed shower facilities.

(d) The department or local health department may approve a unisex toilet facility in place of facilities for each sex at swimming pools that have an anticipated maximum bather load of up to 25 persons. A swimming pool owner shall ensure that a unisex toilet facility is in compliance with R 408.30725b.

(e) The department may approve other bathhouse fixture schedules for special purpose pools and other unusual situations.

(2) A swimming pool owner shall ensure that a bathhouse is designed to route swimmers directly onto the swimming pool walkway or deck.

**History**
- *History: 1979 AC; 1983 AACS; 2001 AACS.*

##### **Mich. Admin. Code R 325.2175** Bathhouse plumbing fixtures {#sec-r-325.2175 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.2175}

Rule 75. (1) A swimming pool owner shall ensure that a bathhouse has showers and toilet facilities that are in compliance with the specifications of table 2 of this rule.

(2) Table 2 reads as follows:

Table 2 Minimum Bathhouse Fixtures Maximum Bather Capacity* per R 325.2193 Number of fixtures for each sex Number of toilet fixtures toilet fixtures For males For females Showers** Lavatories Water closets Urinals *** Water closets 1-50 51-100 101-200 201-300 301-500 501-700 701-1,000 * In addition, a swimming pool owner shall provide 1 shower, 1 water closet, and 1 lavatory for each sex for each additional 300 persons, or fraction of 300 persons, starting at 1,001. **At a swimming pool used by school classes, a swimming pool owner shall provide 1 shower for every 3 people in the largest class for each sex. A owner may substitute nonenclosed poolside showers for showers in accordance with R 325.2174. ***An owner may substitute urinals for not more than ½ of the required number of water closets.

**History**
- *History: 1979 AC; 1983 AACS; 2001 AACS.*

##### **Mich. Admin. Code R 325.2176** Bathhouse construction {#sec-r-325.2176 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.2176}

Rule 76. (1) A swimming pool owner shall ensure that a bathhouse is designed and constructed to promote safe and sanitary conditions.

(2) A swimming pool owner shall ensure that a bathhouse meets all of the following design and construction requirements:

(a) The floor is durable, slip-resistant, easily cleanable, and nonabsorbent and does not have unsealed seams, open joints, or cracks.

(b) A wall or partition is durable, easily cleanable, and nonabsorbent and does not have unsealed seams or cracks.

(d) The floor is sloped to drains.

(e) The ceiling is constructed and finished with moisture-resistant materials.

(3) A swimming pool owner shall ensure that a locker is of rigid construction, properly vented, and set on legs or on a properly designed base to allow cleaning.

**History**
- *History: 1979 AC; 1983 AACS; 2001 AACS.*

##### **Mich. Admin. Code R 325.2178** Nonenclosed poolside showers {#sec-r-325.2178 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.2178}

Rule 78. (1) A swimming pool owner shall provide a nonenclosed poolside shower in a swimming pool enclosure at locations necessary to prevent bathers from carrying dirt or debris into the pool.

(2) A swimming pool owner shall ensure that a nonenclosed shower is in compliance with all of the following requirements:

(a) Is supplied from the potable water system.

(b) Has a spray head which is not higher than 80 inches above the walkway and which is arranged to spray the bathers from head to feet during use.

(c) Is equipped with a conveniently located valve (d) Has drainage to discharge the water immediately without ponding or creating a nuisance.

(e) Is located where it will be effective without creating an accident hazard.

(f) Is supplied with tempered water in accordance with R 325.2125.

(3) A swimming pool owner shall not install a footbath in which water can accumulate.

**History**
- *History: 1979 AC; 1983 AACS; 2001 AACS.*

##### **Mich. Admin. Code R 325.2179** Hose and hose bibs {#sec-r-325.2179 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.2179}

Rule 79. A swimming pool owner shall provide hose connections and hose adequate for cleaning the pool deck, walkway, and bathhouse.

**History**
- *History: 2001 AACS.*

##### **Mich. Admin. Code R 325.2181** Lighting {#sec-r-325.2181 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.2181}

Rule 81. (1) A swimming pool owner shall provide a lighting system, natural or artificial, for a swimming pool. The system shall adequately illuminate the entire swimming pool and enclosure during all periods of use.

(2) A swimming pool owner shall illuminate a bathhouse, mechanical equipment room, or storage area.

(3) A swimming pool owner shall protect a lighting fixture against breakage.

**History**
- *History: 1979 AC; 1983 AACS; 2001 AACS.*

##### **Mich. Admin. Code R 325.2182** Heating, ventilation, and dehumidification {#sec-r-325.2182 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.2182}

Rule 82. (1) A swimming pool owner shall ensure that a bathhouse, mechanical equipment room, storage area, and an indoor pool enclosure are adequately heated and ventilated in accordance with R 325.2113a.

(2) A swimming pool owner shall ensure that swimmers cannot come in contact with a heating unit.

(3) A swimming pool owner shall ensure that room ventilation and dehumidification prevent direct drafts on swimmers and minimize condensation.

(4) A swimming pool owner shall ensure that condensate from a pool enclosure dehumidification system is routed to waste only and is not routed to the pool.

**History**
- *History: 2001 AACS.*

##### **Mich. Admin. Code R 325.2183** Water slide pools {#sec-r-325.2183 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.2183}

Rule 83. (1) This rule applies to water slide pools, water slide flumes, and other types of swimming pools that have water slide additions. In addition, water slide pools shall meet the requirements of R 325.2113a.

(2) A swimming pool owner shall install a water slide flume at a swimming pool in accordance with R 408.801 et seq.

(3) A swimming pool owner shall ensure that a water slide pool is designed and installed with sufficient length, width, and depth to bring riders to a complete stop and allow them to exit the pool in a safe manner.

(4) A water slide pool owner shall equip a water slide pool with a flume surge reservoir tank or other means designed to maintain the landing pool skimming water level.

(5) A swimming pool owner shall ensure that a swimming pool to which a water slide flume is added meets all of the following requirements:

(a) Has a turnover time by pool type as required in R 325.2136.

(b) Has an unobstructed walkway around the entire water slide flume support structure and which is within the pool enclosure.

(c) Has sufficient water surface area and volume so that the operational pool water level is not changed by more than 1 inch by the operation of all flume pumps. If the water surface area and volume is not sufficient, then the pool owner shall provide a means to maintain the skimming water level.

(d) Has a distance from the exit end of the flume to 1 or more means of egress located on the flume exit end wall or on an adjacent wall to facilitate the safe exit of riders from the pool.

(5) A pool owner shall ensure that a flume surge reservoir tank meets all of the following requirements:

(a) Has a surge capacity equal to a minimum of 2 minutes of combined flow from all pumps on the tank.

(b) Is accessible for cleaning and maintenance.

(6) A pool owner shall ensure that flume pump suctions meet both of the following requirements:

(a) Are designed to prevent entrapment.

(b) Are taken from the flume surge reservoir tank when the tank is provided.

**History**
- *History: 2001 AACS.*

##### **Mich. Admin. Code R 325.2184** Poolside slides {#sec-r-325.2184 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.2184}

Rule 84. (1) A pool owner shall not install a poolside slide without prior approval from the department. A pool owner shall ensure that the poolside slide design and construction features, ladders, and handrails conform to the requirements of the slide manufacturer.

(2) A pool owner shall ensure that the poolside slide is positioned relative to all of the following to provide for the safety of persons using the slide and the pool:

(a) The edge of a swimming pool.

(b) Adjacent pool walls.

(d) Diving boards.

(e) Other poolside slides.

(f) Water slide flumes.

(g) Pool ladders.

(h) Stairways.

(3) A pool owner shall ensure that the poolside slide meets all of the following requirements:

(a) Is constructed in accordance with the manufacturer's recommendations.

(b) Has a runway height of not more than 10 feet above the walkway or deck.

(d) Has the exit end overhang the edge of a pool not less than 6 inches.

(e) Has a water depth of not less than 4.5 feet at the exit end, which shall be maintained for a distance of not less than 10 feet out from the exit end and for 3 feet on either side of the projected centerline.

(f) Has a distance of not less than 16.5 feet from the exit end to a wall ahead.

(g) Has a distance of not less than 3.5 feet from the projected centerline of the exit end parallel to any of the following:

(i) A lifeline.

(ii) A pool sidewall.

(iii) The side of a diving board.

(iv) The side of a water slide flume.

(v) The side of another poolside slide.

(h) Has a distance of not less than 10 feet, measured along the projected centerlines, from the intersection of the exit end of any of the following:

(i) The poolside slide.

(ii) A diving board.

(iii) A water slide flume.

(iv) Another poolside slide.

(i) Has a distance of not less than 10 feet, measured along the projected centerline, from the exit end of the poolside slide to the intersection with a lifeline.

(4) A pool owner shall permanently affix signs or labels to a slide, as provided by the manufacturer, warning against any of the following:

(a) Headfirst sliding.

(b) Diving from anywhere on the slide.

PART 3. OPERATION AND USE

**History**
- *History: 2001 AACS.*

##### **Mich. Admin. Code R 325.2191** Pool doors and gates; use of safety equipment; surface maintenance; storage of chemicals; suits and towels; soap; trampolines {#sec-r-325.2191 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.2191}

Rule 91. (1) A swimming pool owner shall ensure that a door or a gate in a swimming pool enclosure is in compliance with all of the following provisions:

(a) Is kept closed.

(b) Is locked while the swimming pool and the deck are not open for use.

(2) A swimming pool owner shall ensure that safety equipment is used only for its intended purpose and is not removed from its established location.

(3) A swimming pool owner shall keep a lifeline in its intended place, except when removed for supervised activity.

(4) A swimming pool owner shall keep all surfaces within a swimming pool enclosure, bathhouse, and related facilities clean, sanitary, and in good repair.

(5) A swimming pool owner shall store chemicals in the original container that has a label, away from flammables and heat, and in a clean, dry, and well-ventilated place which prevents unauthorized access to it and which prevents accidental spillage and mixing with other chemicals.

(6) If swimming suits or towels, or both, are furnished to swimming pool users, then the pool owner shall thoroughly launder the suits and towels after each use. The pool owner shall keep the supply of clean suits and towels separated in storage and handling from used, unlaundered suits and towels.

(7) A pool owner shall provide soap at each lavatory and at each shower.

(8) A pool owner may have a trampoline accessible for use only if the owner provides adequate supervision

**History**
- *History: 1979 AC; 1983 AACS; 2001 AACS.*

##### **Mich. Admin. Code R 325.2192** Swimming pool use {#sec-r-325.2192 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.2192}

Rule 92. (1) A swimming pool owner shall ensure that a person who has any of the following medical conditions is excluded from a swimming pool, except that the person may be granted use of a swimming pool upon a written determination by the department, a personal physician, or a local health officer that the condition will not affect the health of other persons using the pool:

(a) An infectious or communicable disease.

(b) A possibly infectious condition, such as a cold, skin eruption, or open blister.

(2) A swimming pool owner or his or her representative may require a person who uses a swimming pool to take a cleansing shower before entering the swimming pool enclosure.

(3) A swimming pool owner shall ensure that the bathing apparel worn in a swimming pool is clean.

(4) A person shall not spit in, or otherwise pollute, swimming pool water or related facilities.

(5) A swimming pool owner shall ensure that running or boisterous or rough play, is not permitted in a swimming pool enclosure or bathhouse.

(6) A swimming pool owner shall ensure that a person wearing street clothes or shoes, is not permitted in a swimming pool.

(7) A swimming pool owner shall ensure that glass, other breakable materials, or an object or material that might create a hazardous condition or interfere with the efficient operation of the swimming pool are not permitted in a swimming pool enclosure. A swimming pool owner shall post a sign that prohibits glass, other breakable materials, and hazardous objects or materials in the pool enclosure.

(8) If the owner or operator allows food or drink and associated articles in a swimming pool enclosure, then the owner or operator shall comply with all of the following provisions:

(a) Provide poolside control to maintain safe and sanitary conditions.

(b) Not permit food preparation in a swimming pool enclosure.

(c) Prominently display a sign conveying requirements for safe and sanitary disposal of all food wastes and precluding consumption of food and beverages within the pool.

(9) A swimming pool owner shall ensure that the consumption of alcoholic beverages in a spa pool is not permitted.

(10) A swimming pool owner shall prominently display, at the pool, a sign warning against the use of a pool after the consumption of alcoholic beverages.

(11) A swimming pool owner shall ensure that a pet or other animal, except for a trained guide dog accompanying a person who has a disability, is not permitted in a swimming pool enclosure. A guide dog is not permitted in a pool.

(12) A swimming pool owner shall ensure that diving is not permitted from the edge of a pool at any location where the water depth is less than 5 feet.

(13) A swimming pool owner shall remove starting platforms or make them physically nonusable after any type of competitive usage, except as provided by R 325.2135. A swimming pool owner shall ensure that starting platforms are not used for any noncompetitive use.

**History**
- *History: 1979 AC; 1983 AACS; 2001 AACS.*

##### **Mich. Admin. Code R 325.2193** Bather capacity limits {#sec-r-325.2193 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.2193}

Rule 93. (1) A swimming pool owner shall ensure that the number of persons in bathing apparel within a swimming pool enclosure does not exceed the bather capacity limit established by the department or local health department.

(2) A swimming pool owner shall ensure that the bather capacity limit or maximum bather load is not more than the following number of persons, as applicable:

(a) Seven persons per 100 square feet of water surface area where the water depth is not more than 5 feet.

(b) Four persons per 100 square feet of water surface area where the water depth is more than 5 feet.

(d) One person for every 2 lineal feet of spa pool bench inner perimeter, excluding the means of egress.

(3) The department may establish a smaller bather capacity limit for irregular conditions.

(4) A swimming pool owner shall prominently display the bather capacity limit within the swimming pool enclosure.

**History**
- *History: 1979 AC; 1983 AACS; 2001 AACS.*

##### **Mich. Admin. Code R 325.2194** Water quality standards {#sec-r-325.2194 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.2194}

Rule 94. (1) A swimming pool owner shall maintain a suitable free available residual of the disinfectant throughout the swimming pool water.

(2) A swimming pool owner shall test the water before and during each period of swimming pool use, at a frequency of at least once per day, to assure the maintenance of pH and disinfectant residuals as established by table 3 of this rule.

(3) A swimming pool owner shall ensure that the minimum free available disinfectant residual maintained, in milligrams per liter, satisfies the specifications of table 3 of this rule.

(4) Table 3 reads as follows:

Table 3 Disinfectant Residuals (Milligrams per liter)

Disinfectant pH 7.2to7.5Morethan 7.5 to 8.0 Bromine2.02.0 Chlorine1.02.0 Chlorinated cyanurate* 2.0 4.0 *At 20 to 40 parts per million (ppm) cyanuric acid (cya). For higher levels of cya, add 0.5 mg/l for each additional 20 ppm cya, or fraction of 20 ppm above 40 ppm.

(5) The minimum disinfectant residual maintained with a different disinfectant shall be that which is as effective as provided in R 325.2156.

(6) When a cyanurate is used, a swimming pool owner shall ensure that the cyanuric acid level of the swimming pool water is not more than 80 milligrams per liter and is tested at least once each week and more frequently if necessary.

(7) A swimming pool owner shall ensure that the water temperature of a swimming pool is not more than 104 degrees Fahrenheit.

(8) A swimming pool owner shall prominently display at the pool, a caution sign, acceptable to the department, stating the maximum operating water temperature, other pertinent health warnings, and warning against the use of the pool by young children when the normal water temperature is more than 86 degrees Fahrenheit.

(9) A swimming pool owner shall ensure that a swimming pool is used only when the water is sufficiently clear to readily discern either of the following from the edge of the pool:

(a) The entire bottom of the pool.

(b) The main outlet grating from a horizontal distance up to 30 feet.

(10) If a swimming pool becomes polluted with feces, vomit, sewage, or other material, then the owner shall immediately close the pool from use and take actions to mitigate the pollution and restore water quality. The owner or operator may reopen the pool according to the contingency plan adopted by the owner under R 325.2194a and available for review by the department or local health department, if there is no approved contingency plan, then the owner shall obtain approval to reopen the pool from the department or local health department.

(11) A swimming pool owner shall promptly remove visible dirt on the bottom of a swimming pool or floating on the water surface.

(12) A spa pool owner shall drain, clean, sanitize, and refill a spa pool at a frequency acceptable to the department or local health department as necessary to maintain sanitary conditions.

**History**
- *History: 1979 AC; 1983 AACS; 2001 AACS.*

##### **Mich. Admin. Code R 325.2194a** Contingency and emergency response plans {#sec-r-325.2194a omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.2194a}

Rule 94a. (1) The owner of a swimming pool shall prepare and implement a contingency and emergency response plan. The owner of a swimming pool shall have the contingency and emergency response plan available for review at the pool.

(2) The contingency plan shall, at a minimum, outline a program for rapid mitigation of contamination or water quality deterioration according to R 325.2194.

(3) The emergency response plan shall outline minimum topics including the following:

(a) Rescues and submersions.

(b) Equipment failure.

(c) Injury requiring medical attention (d) Other conditions or events that create a hazard to the health and safety of persons using the pool.

**History**
- *History: 2001 AACS.*

##### **Mich. Admin. Code R 325.2195** Collection and analyses of water samples for coliform bacteria {#sec-r-325.2195 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.2195}

Rule 95. (1) The owner of a public swimming pool shall be responsible for the collection and the examination of water samples for coliform bacteria at a frequency of a least once per quarter. The department or local health department may determine whether additional monitoring is needed if necessary to protect the public health.

(2) A swimming pool owner or operator shall ensure that all water samples are analyzed for total coliform bacteria at the state laboratory or a laboratory certified by the department or by the united states environmental protection agency to analyze drinking water.

(3) The presence of total coliform bacteria or pathogenic organisms in the water sample is unacceptable water quality. A heterotrophic plate count of more than 200 bacteria per milliliter in a sample is unacceptable water quality.

**History**
- *History: 1979 AC; 1983 AACS; 2001 AACS.*

##### **Mich. Admin. Code R 325.2196** Water treatment {#sec-r-325.2196 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.2196}

Rule 96. (1) A swimming pool owner or operator shall continuously recirculate, filter, and disinfect swimming pool water 24 hours per day at a flow rate sufficient to recirculate the swimming pool volume of water within the time period required by R 325.2136, without interruption, except for cleaning the filters or for other maintenance and repairs.

(2) A swimming pool owner or operator shall ensure that a swimming pool is not used when its water treatment equipment is not functioning properly.

(3) A swimming pool owner or operator shall maintain the water level in a swimming pool at an elevation suitable for continuous skimming flow into the overflow system without flooding it.

(4) A swimming pool owner or operator shall use only the chemical that a chemical feeder manufacturer specifies for application by the chemical feeder.

**History**
- *History: 1979 AC; 1983 AACS; 2001 AACS.*

##### **Mich. Admin. Code R 325.2197** Presence of person qualified to test water and operate water treatment equipment required; "qualified person" and "readily available" defined {#sec-r-325.2197 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.2197}

Rule 97. (1) A swimming pool owner shall ensure that a qualified person who is responsible for testing the water and for operating the water treatment equipment of a swimming pool is readily available when the pool is open for use.

(2) As used in this rule, "readily available" means any of the following:

(a) In any of the following locations:

(i) The pool enclosure.

(ii) The mechanical equipment room.

(iii) Adjacent offices.

(iv) Other rooms adjacent to the pool enclosure.

(v) On the premises.

(b) On-call within 15 minutes of travel time to the pool.

(3) As used in this rule, "qualified person" means a person who is familiar with swimming pool operation and who is authorized by the owner to operate the pool mechanical equipment, close the pool when necessary, test the pool water, and adjust the pool water chemical parameters.

**History**
- *History: 1979 AC; 1983 AACS; 2001 AACS.*

##### **Mich. Admin. Code R 325.2198** Lifeguards {#sec-r-325.2198 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.2198}

Rule 98. (1) A swimming pool owner or operator shall provide lifeguard service at a swimming pool, other than a wading pool or a spa pool, if any of the following provisions apply to the swimming pool:

(a) The pool is owned or operated by a government, a governmental subdivision or agency, a public corporation, or a school.

(b) The total water surface area within the swimming pool enclosure is more than 2,400 square feet.

(2) If lifeguard service is required by subrule (1) of this rule, then a swimming pool owner or operator shall ensure that 1 lifeguard for every 75 people within the swimming pool is on duty in the enclosure when the swimming pool is open for use. The department may waive this requirement if a contingency plan has been adopted by the owner and approved by the department under R 325.2194a.

(3) A lifeguard shall meet all of the following requirements:

(a) Be a capable swimmer and be competent in lifeguarding techniques.

(b) Have satisfactorily completed a recognized course of instruction in adult, child, and infant cardiopulmonary resuscitation with training in 2-person and resuscitation barriers of the type offered by the american red cross, the american heart association, or the national safety council.A swimming pool owner or operator shall post valid and current evidence of successful completion of the course at the swimming pool when it is open for use.

(c) At a minimum, have satisfactorily completed a nationally recognized course of instruction, such as any of the following:

(i) The american red cross lifeguarding course.

(ii) The young men's christian association lifeguard course.

(iii) The national pool and waterpark pool lifeguard course.

(iv) An equivalent lifeguard training course approved by the department. A swimming pool owner or operator shall post valid and current evidence of successful completion of the course at the swimming pool when it is open for use.

(d) Be dressed in suitable swimming attire which allows the lifeguard to be suitably prepared to enter the water and act in an emergency and which allows persons in the enclosure to be able to readily identify the lifeguard.

(e) Ensure the proper supervision of instructional and recreational aquatic activities in the pool enclosure. Activities that would distract from the proper supervision of persons using the swimming pool or prevent immediate attention to a person in distress are prohibited.

An instructor, teacher, or coach meeting the lifeguard requirements of this rule shall directly supervise swimming programs, such as any of the following:

(i) Recreational swimming.

(ii) Lap swimming.

(iii) Competitive swimming.

(iv) Water exercise classes.

(v) Swimming lessons.

(vi) Scuba lessons.

(vii) Physical education classes.

If a supervising instructor, teacher, or coach does not meet the lifeguard requirements of this rule, then a swimming pool owner or operator shall provide a separate lifeguard who meets the requirements of this rule.

(f) Have the authority to enforce, and be responsible for enforcing rules pertaining to safety and sanitation.

(4) The department shall maintain a listing of cardiopulmonary resuscitation courses and lifeguarding courses that the department determines is equivalent to the type of course required by subrule (3)(a), (b), or (c) of this rule. The agencies offering the other courses are responsible for providing sufficient evidence to the department to determine course equivalency.

(5) At a swimming pool where lifeguard service is not required by subrule (1) of this rule and is not provided, a swimming pool owner or operator shall prominently display a sign warning that there is no lifeguard on duty. The owner or operator shall ensure that the sign has legible letters that are not less than 4 inches high.

**History**
- *History: 1979 AC; 1983 AACS; 2001 AACS.*

##### **Mich. Admin. Code R 325.2199** Operation reports {#sec-r-325.2199 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.2199}

Rule 99. (1) A swimming pool operator shall record the following information daily on a report form furnished by or acceptable to the department:

(a) Swimming pool operational data.

(b) Information about rescues, submersions, and accidents given medical attention.

(2) The operator shall submit a completed operation report to the department or the local health department in compliance with either of the following provisions:

(a) Within 10 days after the end of each month in which the swimming pool was in operation.

(b) According to an alternative submission schedule approved in writing by the department or local health department.

**History**
- *History: 1979 AC; 1983 AACS; 2001 AACS.*

### **R 325.3311 to R 325.3393** Mobile Home Parks and Seasonal Motor Home Parks

##### **Mich. Admin. Code R 325.3311** Definitions {#sec-r-325.3311 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.3311}

DEPARTMENT OF ENVIRONMENTAL QUALITY

DIVISION OF WATER AND RADIOLOGICAL PROTECTION

MOBILE HOME PARKS AND SEASONAL MOBILE HOME PARKS

(By authority conferred on the department of public health by section 6 of Act No. 419 of the Public Acts of 1976, as amended, and section 2233 of Act No. 368 of the Public Acts of 1978, as amended, being §§125.1106 and 333.2233 of the Michigan Compiled Laws)

PART 1. GENERAL PROVISIONS

Rule 11. (1) As used in these rules:

(a) "Act" means Act No. 419 of the Public Acts of 1976, as amended, being §125.1101 et seq. of the Michigan Compiled Laws, and known as the mobile home commission act.

(b) "Alteration" means the modification of an existing mobile home park.

(c) "Certified operator" means an individual holding a certificate to operate a specific type facility such as a water supply system or sewerage system under a recognized state certification program.

(d) "Garbage" means food wastes, including waste accumulation of animal, fruit, or vegetable matter used or intended for food or that attend the preparing, using, cooking, dealing in, or storing of meat, fish, fowl, fruit, or vegetables.

(e) "Health aspects" means the water supply system, sewage collection and disposal system, drainage, insect and rodent control, garbage and rubbish storage and disposal, and general operation, maintenance, and safety, either jointly or severally, as included in these rules.

(f) "Health department" means the Michigan department of public health.

(g) "Health director" means the director of the Michigan department of public health or his or her authorized agent or representative.

(h) "Health officer" means the administrative officer of an approved city, county, or district board or department of health or his or her authorized representative.

(i) "Hydraulic grade line" means a line joining points whose vertical distances from the centroid of the cross section of the stream flowing in a closed channel are proportional to the pressures in the pipe at the point, or in an open-channel, the flow lies in the surface of the stream.

(j) "Local health department" means a city, county, or district health department.

(k) "Pad" means that part of a mobile home site specifically designated for the placement of a mobile home.

(l) "Public sanitary sewer district" means a legally defined area within which sanitary sewer service is provided or will be provided for use by the public pursuant to a duly adopted and published plan.

(m) "Rubbish" means nonputrescible solid wastes, except ashes, consisting of either combustible or noncombustible wastes, such as paper, cardboard, metal containers, yard clippings, wood, glass, bedding, crockery, demolished building materials, or litter of any kind that may be a detriment to the public health and safety.

(n) "Sanitary sewer system" means the pipes, structures, conduits, manholes, pumping stations and appurtenances, collectively or severally, used or intended for the use of collecting, conveying, or transporting of domestic wastes to a treatment facility.

(o) "Sewage treatment and disposal system" means the sewage treatment works, structures, equipment, and appurtenances used or intended for use for the purpose of treatment and disposal of domestic waste discharged from a mobile home park sanitary sewer system.

(p) "Sewerage system" means the sanitary sewer system and the sewage treatment and disposal facility.

(q) "Water supply system" means a system of pipes and structures through which water is obtained and distributed, including, but not limited to, wells and well structures, pumping systems, treatment plants, storage tanks, pipelines, and appurtenances, or a combination thereof, used or intended to be used to furnish water for drinking or household purposes.

(2) Terms defined in the act have the same meanings when used in these rules.

**History**
- *History: 1980 AACS; 1984 AACS.*

##### **Mich. Admin. Code R 325.3312** Authorized representatives of the health department and the health director {#sec-r-325.3312 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.3312}

Rule 12. A health officer is an authorized representative of the health department and the health director.

**History**
- *History: 1980 AACS.*

##### **Mich. Admin. Code R 325.3313** Reimbursement agreement with local health departments {#sec-r-325.3313 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.3313}

Rule 13. The health department may enter into agreements with local health departments for reimbursement and other aspects of services performed under the act or these rules.

**History**
- *History: 1980 AACS.*

##### **Mich. Admin. Code R 325.3314** Investigation; inspection of mobile home park premises {#sec-r-325.3314 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.3314}

Rule 14. (1) The health department may make investigations it considers necessary to determine if a person violated or is about to violate the act or these rules or an order issued under the act. The health department may inspect any mobile home park or seasonal mobile home park premises falling within the provisions of the act and rules promulgated pursuant to the provisions of the act.

(2) The local health department may inspect a mobile home park or seasonal mobile home park premises upon request of the health department and as otherwise provided in the act.

PART 2. WATER SUPPLY SYSTEMS

**History**
- *History: 1980 AACS; 1984 AACS.*

##### **Mich. Admin. Code R 325.3321** Mobile home park or seasonal mobile home park water system requirements; water system classification {#sec-r-325.3321 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.3321}

Rule 21. (1) A mobile home park or seasonal mobile home park water system shall meet the requirements as prescribed by Act No. 399 of the Public Acts of 1976, being §325.1001 et seq. of the Michigan Compiled Laws, and the rules promulgated pursuant to that act, being R 325.10101 et seq. of the Michigan Administrative Code.

(2) A mobile home park or seasonal mobile home park water system serving or intended to serve 15 or more mobile home sites or service connections or regularly serving an average of not less than 25 individuals daily is a type I system.

(3) A mobile home park or seasonal mobile home park water system serving or intended to serve less than 15 mobile home sites or service connections or regularly serving an average of less than 25 individuals daily is a type III system.

(4) A mobile home park or seasonal mobile home park shall be served by a common water supply system.

(5) A site in a mobile home park or seasonal mobile home park shall be provided with an individual water service connection.

PART 3. SEWAGE COLLECTION AND DISPOSAL SYSTEM

**History**
- *History: 1980 AACS; 1984 AACS.*

##### **Mich. Admin. Code R 325.3331** Sewer design and installation {#sec-r-325.3331 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.3331}

Rule 31. (1) A sanitary sewer system shall be designed on the basis of an average daily flow of sewage of not less than 200 gallons per mobile home site per day.

(2) A sanitary sewer shall have sufficient capacity to accommodate the maximum hourly sewage flow from the portion of the mobile home park or seasonal mobile home park being served and shall not be less than 4 inches in diameter.

(3) A sanitary sewer shall be installed at a sufficient depth to prevent freezing and at a sufficient slope to maintain a velocity of 2 feet per second at design flow. The following minimum slopes shall be provided, although greater slopes are preferred where possible:

Minimum Slope in Sewer Size Feet/100 Feet 4 inch..........................................1.20 6 inch..........................................0.60 8 inch..........................................0.40 10 inch.........................................0.28 12 inch.........................................0.22 14 inch..........................................0.17 (4) A sanitary sewer shall be installed with straight alignment between manholes.

(5) A manhole shall be installed at the end of each sewer line, at all changes in grade, size, or alignment, at all intersections, and at distances of not more than 400 feet along sewers.

A drop pipe shall be provided for a sanitary sewer entering a manhole at an elevation 24 inches or more above the manhole invert. A cleanout may be substituted for a manhole at the end of a lateral not more than 150 feet in length. The flow channel through a manhole shall conform in slope and shape to that of the sanitary sewers.

(6) A sanitary sewer shall be designed to prevent damage from superimposed loads.

Proper allowance for loads on the sanitary sewer shall consider the width and depth of trench. When standard strength sewer pipe is not sufficient, extra strength pipe or special construction technique shall be used.

(7) Leakage tests shall be specified by the engineer for sewer construction. Leakage outward or inward shall not exceed 200 gallons per inch of pipe diameter per mile per day.

(8) There shall be no connection between a mobile home park or seasonal mobile home park water system and a sanitary sewer. A sanitary sewer or individual sewer service line shall not be laid within 10 feet horizontally of a waterline.

(9) Where a sanitary sewer line crosses a waterline, there shall be a minimum of 12 inches of clear vertical isolation distance between the two. Where conditions require less vertical isolation, the sanitary sewer line shall be encased in concrete for 5 feet each side of the crossing. One full length of waterline shall be centered over the sanitary sewer crossing.

(10) A mobile home sanitary sewer service connection shall incorporate a p-trap installed at a sufficient depth to prevent freezing. The p-trap and riser pipe shall be constructed of cast iron or schedule 40 plastic pipe. The riser shall terminate not less than 4 inches above final grade and shall be located not closer than 5 feet from a water service riser. A riser shall be securely capped when not in use.

(11) A mobile home park or seasonal mobile home park shall be served by a common sanitary sewer system.

(12) A site in a mobile home park or seasonal mobile home park shall be provided with an individual sewer connection.

**History**
- *History: 1980 AACS; 1984 AACS.*

##### **Mich. Admin. Code R 325.3332** Design of sewage treatment facilities {#sec-r-325.3332 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.3332}

Rule 32. (1) When a mobile home park or seasonal mobile home park sanitary sewer system is not connected to a municipally owned sanitary sewer system, a sanitary sewerage system approved by the health department shall be provided.

(2) The publication entitled "Recommended Standards for Sewage Works," 1978 edition, as published by the Great Lakes-upper Mississippi river board of state sanitary engineers, shall be used as a standard for the design of sewage treatment facilities. These standards are available for inspection at the health department offices in Lansing and Escanaba and are available for purchase at the Michigan Department of Public Health, P.O. Box 30035, Lansing, Michigan 48909, and from the Health Education Service, P.O. Box 7283, Albany, New York 12224, at a cost of $1.75.

**History**
- *History: 1980 AACS; 1984 AACS.*

##### **Mich. Admin. Code R 325.3333** Certified operator {#sec-r-325.3333 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.3333}

Rule 33. A sewage treatment and disposal system other than septic tank-subsurface disposal systems shall be under the supervision of an operator certified pursuant to Act No. 245 of the Public Acts of 1929, as amended, being §323.1 et seq. of the Michigan Compiled Laws or Act No. 98 of the Public Acts of 1913, as amended, being §325.201 et seq. of the Michigan Compiled Laws.

**History**
- *History: 1980 AACS.*

##### **Mich. Admin. Code R 325.3334** Wastewater discharge {#sec-r-325.3334 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.3334}

Rule 34. (1) A person proposing to discharge treated wastewater to the waters of the state shall comply with the provisions of Act No. 245 of the Public Acts of 1929, as amended, being §323.1 et seq. of the Michigan Compiled Laws.

(2) A mobile home park or seasonal mobile home park sewage disposal system other than a septic tank subsurface disposal system of less than 10,000 gallons per day shall be under permit from the water resources commission.

**History**
- *History: 1980 AACS; 1984 AACS.*

##### **Mich. Admin. Code R 325.3335** Operation and maintenance of sewerage systems {#sec-r-325.3335 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.3335}

Rule 35. (1) The owner of a mobile home park or seasonal mobile home park shall designate a certified operator to be in charge of the day-to-day operation and maintenance of each treatment and disposal facility and shall notify the health department in writing of the designation, including the address and telephone number thereof. The operator shall be certified by the water resources commission as required by section 6a of Act No. 245 of the Public Acts of 1929, as amended, being §323.6a of the Michigan Compiled Laws, or by the department of natural resources, water quality division, under Act No. 98 of the Public Acts of 1913, as amended, being §325.201 et seq. of the Michigan Compiled Laws.

The certified operator shall become fully familiar with all facilities and equipment and shall train selected subordinate employees, as appropriate, both before and after the facility starts up. The health department shall be provided with the names of designated subordinate employees. A certified operator is not required for septic tank or subsurface disposal systems.

(2) Sewerage systems shall be operated and maintained at all times as efficiently as possible in a manner that precludes discharges of excessive pollutants, prevents creation of a public health hazard or nuisance condition, and complies with all discharge permit limitations.

(3) Each month, the certified operator shall file with the health department, on forms prescribed by the health department, operating reports showing the effectiveness of the treatment facility operation and the quantity and quality of liquid wastes discharged.

(4) The owner of a mobile home park or seasonal mobile home park shall prepare or cause to be prepared an operation and maintenance manual for a treatment and disposal system or for an expansion to or modification of an existing sewage treatment and disposal system which shall be used by the operator of the facility as a guide for facility operation and maintenance. The manual shall describe the function, start-up, shutdown, and periodic maintenance procedures for each unit process and each item of mechanical and electrical equipment. The appropriate responses or facility adjustments to minimize the impact of emergency situations shall be described so as to facilitate rapid implementation of a correct response during emergencies. A copy of the operation and maintenance manual shall be submitted to the health department for review, approval, and filing 60 days before the starting date of the operation. An owner of an existing mobile home park or seasonal mobile home park shall provide the operation and maintenance manual not later than 1 year from the effective date of these rules.

(5) If a breakdown or emergency results in the discharge of pollutants from the facilities used for collection, transportation, or treatment of wastes, in excess of those authorized, the owner shall take all measures necessary to correct the problem and eliminate the discharge.

(6) The owner of a sanitary sewerage system that discharges or permits to be discharged excessive pollutants to the water of the state or to the surface of the ground as a result of a facility breakdown or emergency shall promptly notify the health department, the local health department, and the municipality. The notice shall be supplemented by a written report filed with the health department, the local health department, and the municipality within 72 hours, outlining the cause, its discovery, and the corrective actions taken to minimize adverse impact to the waters of the state, to restore facilities to operative condition, and to eliminate the need for future diversion or bypass. This rule does not supersede, rescind, or otherwise alter any other procedure, rule, or statute pertaining to pollution of the waters of the state.

PART 4. DRAINAGE

**History**
- *History: 1980 AACS; 1984 AACS.*

##### **Mich. Admin. Code R 325.3341** Floodplain limits {#sec-r-325.3341 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.3341}

Rule 41. A mobile home park or seasonal mobile home park shall be well drained. A pad, a sewage treatment and disposal system, a dwelling unit, and a park maintenance and service building shall be above the elevation of the contour defining the floodplain limits for a hypothetical flood having a recurrence frequency of once in about 100 years. No portion of a street that provides access to a site in a mobile home park or seasonal mobile home park shall be at an elevation lower than 1 foot below the elevation of the 100-year contour.

**History**
- *History: 1980 AACS; 1984 AACS.*

##### **Mich. Admin. Code R 325.3342** Design of storm sewer {#sec-r-325.3342 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.3342}

Rule 42. A mobile home park or seasonal mobile home park storm sewer shall be designed to comply with the written rules regarding the outlet drainage limitations established by the county drain commissioner or applicable drain authority.

**History**
- *History: 1980 AACS; 1984 AACS.*

##### **Mich. Admin. Code R 325.3343** Design of storm water drainage system; removal of excess storm water runoff {#sec-r-325.3343 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.3343}

Rule 43. The storm water drainage system in a mobile home park or seasonal mobile home park shall be designed to remove excess storm water runoff during any rainfall having an intensity and recurrence frequency equivalent to a 10-year storm. The design storm shall be verified from local rainfall records when available.

**History**
- *History: 1980 AACS; 1984 AACS.*

##### **Mich. Admin. Code R 325.3344** Hydraulic grade line {#sec-r-325.3344 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.3344}

Rule 44. The established hydraulic grade line for a storm water collection system based on the requirements of R 325.3342 and R 325.3343 shall be shown on the plans. The hydraulic grade line shall not exceed the elevation of the catch basin inlet castings or the overflow rim of open drains.

**History**
- *History: 1980 AACS.*

##### **Mich. Admin. Code R 325.3345** Storm water pumping or retention ponds {#sec-r-325.3345 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.3345}

Rule 45. Storm water pumping or retention ponds may be used in park drainage systems.

Where storm water pumping or a storm water retention pond is provided, the design shall meet the requirements of R 325.3342, R 325.3343, and R 325.3344.

**History**
- *History: 1980 AACS.*

##### **Mich. Admin. Code R 325.3346** Storm water collection system; design requirements {#sec-r-325.3346 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.3346}

Rule 46. A storm water collection system shall meet or exceed the following minimum design requirements:

(a) A storm water collection pipe shall be not less than 8 inches in diameter.

(b) A minimum velocity of 2.5 feet per second shall be provided.

**History**
- *History: 1980 AACS.*

##### **Mich. Admin. Code R 325.3347** Rescinded {#sec-r-325.3347 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.3347}

**History**
- *History: 1980 AACS; 1984 AACS; 2008 AACS.*

##### **Mich. Admin. Code R 325.3348** Rescinded {#sec-r-325.3348 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.3348}

**History**
- *History: 1980 AACS; 2008 AACS.*

##### **Mich. Admin. Code R 325.3349** Rescinded {#sec-r-325.3349 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.3349}

PART 5. GARBAGE AND RUBBISH STORAGE AND DISPOSAL

**History**
- *History: 1980 AACS; 2008 AACS.*

##### **Mich. Admin. Code R 325.3351** Rescinded {#sec-r-325.3351 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.3351}

**History**
- *History: 1980 AACS; 1984 AACS; 2008 AACS.*

##### **Mich. Admin. Code R 325.3352** Transfer and disposal {#sec-r-325.3352 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.3352}

Rule 52. The transfer and disposal of garbage and rubbish from a mobile home park or seasonal mobile home park shall be as prescribed by Act No. 641 of the Public Acts of 1978, as amended, being §299.401 et seq. of the Michigan Compiled Laws, and known as the solid waste management act.

**History**
- *History: 1980 AACS; 1984 AACS.*

##### **Mich. Admin. Code R 325.3353** Rescinded {#sec-r-325.3353 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.3353}

**History**
- *History: 1980 AACS; 1984 AACS; 2008 AACS.*

##### **Mich. Admin. Code R 325.3354** Incineration {#sec-r-325.3354 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.3354}

Rule 54. The incineration of garbage and rubbish from a mobile home park or seasonal mobile home park shall be as prescribed by Act No. 348 of the Public Acts of 1965, as amended, being §336.11 et seq. of the Michigan Compiled Laws, and Act No. 641 of the Public Acts of 1978, as amended, being §299.401 et seq. of the Michigan Compiled Laws.

PART 6. INSECT AND RODENT CONTROL

**History**
- *History: 1980 AACS; 1984 AACS.*

##### **Mich. Admin. Code R 325.3361** Rescinded {#sec-r-325.3361 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.3361}

**History**
- *History: 1980 AACS; 1984 AACS; 2008 AACS.*

##### **Mich. Admin. Code R 325.3362** Pesticides {#sec-r-325.3362 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.3362}

Rule 62. The use of pesticides for the control of insects and rodents in a mobile home park or seasonal mobile home park shall be as prescribed by Act No. 171 of the Public Acts of 1976, being §286.551 et seq. of the Michigan Compiled Laws, and the federal insecticide, fungicide, and rodenticide act of 1972, as amended, 7 U.S.C. §136 et seq.

**History**
- *History: 1980 AACS; 1984 AACS.*

##### **Mich. Admin. Code R 325.3363** Rescinded {#sec-r-325.3363 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.3363}

PART 7. GENERAL OPERATION, MAINTENANCE, AND SAFETY

**History**
- *History: 1980 AACS; 2008 AACS.*

##### **Mich. Admin. Code R 325.3371** Rescinded {#sec-r-325.3371 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.3371}

**History**
- *History: 1980 AACS; 1984 AACS; 2008 AACS.*

##### **Mich. Admin. Code R 325.3372** Rescinded {#sec-r-325.3372 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.3372}

**History**
- *History: 1980 AACS; 1984 AACS; 2008 AACS.*

##### **Mich. Admin. Code R 325.3373** Maintenance of utility connections {#sec-r-325.3373 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.3373}

Rule 73. (1) The utility connection between the point of connection to the mobile home park or seasonal mobile home park utility system and the connection to the mobile home shall be considered a part of the park utility system for the purpose of maintenance. Upon discovery of the failure or leakage of, or damage to, the connection, the park manager shall notify the mobile home owner in writing of the need for repair. If the mobile home owner fails to make the necessary repair within 10 days of receipt of the notice, the park manager shall cause the repairs to be completed and the mobile home owner may be assessed the cost of the repairs as an addition to the monthly rental charge.

(2) The following items shall be included under the provisions of this rule:

(a) The connecting sewer pipe from the sewer service riser to the mobile home.

(b) The connecting water service pipe from the water service riser to the mobile home.

(d) The connecting fuel service line from the service meter to the mobile home.

(3) If the existing utility connection cannot be repaired, it shall be replaced pursuant to R 125.1603 of the Michigan Administrative Code.

**History**
- *History: 1980 AACS; 1984 AACS.*

##### **Mich. Admin. Code R 325.3374** Safety equipment {#sec-r-325.3374 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.3374}

Rule 74. The licensee of a mobile home park or seasonal mobile home park containing facilities in confined spaces, such as sewer manholes, sewage pumping stations, septic tanks, and well houses, shall provide safety equipment and training necessary to protect the safety and welfare of those personnel maintaining such equipment. Depending upon the nature of the hazard, required equipment may include, but shall not necessarily be limited to, toxic gas testing equipment, ventilation equipment, protective clothing, and hoists.

PART 8. COORDINATION OF APPROVALS FOR CONSTRUCTION

**History**
- *History: 1980 AACS; 1984 AACS.*

##### **Mich. Admin. Code R 325.3381** Preliminary plan approval {#sec-r-325.3381 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.3381}

Rule 81. (1) A person proposing to construct or increase the number of sites in a mobile home park or seasonal mobile home park shall submit a preliminary plan to the municipality, local health department, county road commission, and county drain commissioner pursuant to the provisions of section 11 of the act. The preliminary plan shall consist of, but shall not be limited to, the following:

(a) The name and address of the applicant.

(b) The legal description of the property.

(i) The number and size of sites and the location of streets.

(ii) The proposed location and method of sewage treatment and disposal and appropriate supporting data.

(iii) The source and location of the water supply.

(iv) The location of access to public roads.

(v) Drainage provisions.

(vi) Site features.

(2) The local agency may require supporting data necessary to assure compliance with local codes and ordinances not in conflict with the act.

(3) The reviewing agency shall issue an approval in writing stating all conditions.

**History**
- *History: 1980 AACS; 1984 AACS.*

##### **Mich. Admin. Code R 325.3382** Health department review of proposal {#sec-r-325.3382 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.3382}

Rule 82. A person proposing to construct a new mobile home park or seasonal mobile home park or increase the number of sites in a mobile home park or seasonal mobile home park shall submit a copy of each of the following to the health department for review:

(a) An application for review and approval of the project, on a form provided by the health department.

(b) A copy of the preliminary plan as approved by the municipality, local health department, county road commission, and county drain commissioner and a copy of the preliminary approvals from each agency.

(c) Final plans and specifications detailing construction in accordance with the act and rules. Plans and specifications shall be prepared by an engineer or architect registered in Michigan.

(d) Supportive data to document specific design features.

**History**
- *History: 1980 AACS; 1984 AACS.*

##### **Mich. Admin. Code R 325.3383** Plan approval {#sec-r-325.3383 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.3383}

Rule 83. (1) A plan that complies with these rules shall be approved in writing. A copy of the approved plans and specifications and a copy of the written approval shall be sent to the department of commerce, the local health department, the municipality, and the applicant. One copy shall be maintained as a part of the health department's records. A copy of the written approval shall also be sent to the engineer or architect, county road commission, county drain commissioner, electrical inspector, and plumbing inspector.

(2) Upon receipt of the application for approval, final plans, specifications, preliminary approvals, and supportive data, the health department shall review the plans for compliance with these rules.

(3) A plan that does not comply with these rules shall not be approved. The health department shall notify the applicant, the engineer or architect, and the department of commerce that the plan is not approved and shall cite those aspects of the plan that do not comply.

(a) The applicant may modify the plan as necessary to comply with these rules and resubmit the plan to the health department for review.

(b) A plan that cannot be modified to comply with these rules shall not be approved. The health department shall notify the applicant, the engineer or architect, the department of commerce, the local health department, the municipality, the county drain commissioner, and the county road commission that the plan is denied.

**History**
- *History: 1980 AACS.*

##### **Mich. Admin. Code R 325.3384** Alterations or modifications {#sec-r-325.3384 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.3384}

Rule 84. (1) A person proposing to alter or modify an existing mobile home park or seasonal mobile home park that does not result in an increase in the number of sites shall notify the municipality, local health department, county road commission, county drain commissioner, the department of commerce, and the health department of the proposed construction. Notice shall include a description of the proposed construction, but need not include construction plans.

(2) The municipality, local health department, county road commission, county drain commissioner, the department of commerce, and the health department shall review the proposal and notify the applicant within 30 days of any permit or approval requirements.

The proposal shall be considered approved if the agencies do not respond within 30 days of receiving notice.

(3) An alteration or modification involving a health aspect or health aspects shall not be constructed without written approval of the health department.

(4) The health department may approve alteration or modification of the health aspects of a mobile home park or seasonal mobile home park without preliminary approval of local agencies in the following situations:

(a) When alteration or modification is necessary to eliminate a hazard to health or safety.

(b) When alteration or modification does not substantially alter mobile home park or seasonal mobile home park facilities.

(c) When alteration or modification is proposed as a part of routine maintenance of mobile home park or seasonal mobile home park facilities.

**History**
- *History: 1980 AACS; 1984 AACS.*

##### **Mich. Admin. Code R 325.3385** Construction approval {#sec-r-325.3385 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.3385}

Rule 85. (1) Construction of mobile home park or seasonal mobile home park facilities under the provisions of these rules shall be made pursuant to approved plans, unless changes are approved in writing by the health department and the design engineer or architect before construction.

(2) An alteration to a mobile home park or seasonal mobile home park that involves only health aspects shall not require approval by the department of commerce, except as provided in R 325.3384(2). The approval issued pursuant to R 325.3384(3) shall be authorization to construct.

PART 9. CERTIFICATION OF COMPLIANCE

**History**
- *History: 1980 AACS; 1984 AACS.*

##### **Mich. Admin. Code R 325.3391** Initial certification of compliance {#sec-r-325.3391 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.3391}

Rule 91. (1) A person requesting certification of a new mobile home park or seasonal mobile home park, or portion thereof, or an addition to an existing mobile home park or seasonal mobile home park shall submit all of the following to the department of commerce:

(a) A request for certification and the application for license.

(b) An affidavit as prescribed by section 14 of the act. The affidavit shall attest that all health aspects are completed pursuant to the approved plans and specifications.

(c) Certification from the state or local plumbing authority that the sewer system complies with the provisions of the state plumbing code, being R 408.30701 et seq. of the Michigan Administrative Code.

(d) Certification from the state or local electrical authority that the electrical system complies with the regulations of the state electrical administrative board.

(e) Two copies of the final plans (as built plans) submitted to the department of commerce pursuant to R 125.1913 of the Michigan Administrative Code.

(2) Upon receipt of the required materials and the request for certification from the department of commerce, the health department shall arrange an inspection of the health aspects of the mobile home park or seasonal mobile home park. Once the inspection is completed and the inspection report is received, the health department shall review the proposal pursuant to R 325.3393.

**History**
- *History: 1980 AACS; 1984 AACS.*

##### **Mich. Admin. Code R 325.3392** Annual inspection {#sec-r-325.3392 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.3392}

Rule 92. (1) An inspection of a mobile home park or seasonal mobile home park, as prescribed in section 17 of the act, shall be conducted annually to evaluate health aspects.

(2) An inspection report shall completely document the findings of the inspection.

**History**
- *History: 1980 AACS; 1984 AACS.*

##### **Mich. Admin. Code R 325.3393** Certification of status of compliance {#sec-r-325.3393 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.3393}

Rule 93. (1) The initial certification of compliance indicating the park is licensable shall be issued by the department of health to the department of commerce if materials submitted pursuant to R 325.3391 document that the mobile home park or seasonal mobile home park is licensable.

(2) The status of a mobile home park or seasonal mobile home park shall be reviewed annually. The review shall be based upon a completed annual inspection report and other pertinent information. The certification issued by the department of health shall contain 1 of the following recommendations:

(a) The mobile home park or seasonal mobile home park is licensable.

(b) The mobile home park or seasonal mobile home park is licensable, provided that certain conditions are met. The conditions shall be listed on the certifications.

(c) The mobile home park or seasonal mobile home park is not licensable because of items of noncompliance. The items not in compliance with the act or rules shall be listed on the certification. The applicant shall be notified of the items of noncompliance.

**History**
- *History: 1980 AACS; 1984 AACS.*

## **Materials Management Division** Materials Management Division

### **R 325.5001 to R 325.5721** Ionizing Radiation Rules for Radioactive Material

##### **Mich. Admin. Code R 325.5001** Purpose and scope {#sec-r-325.5001 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5001}

MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY

OFFICE OF WASTE MANAGEMENT AND RADIOLOGICAL PROTECTION

IONIZING RADIATION RULES FOR RADIOACTIVE MATERIAL

(By authority conferred on the director of the department of environmental quality by section 13521 of 1978 PA 368, MCL 333.13521, and Executive Reorganization Order No. 1996-1, MCL 330.33101)

PART 1. GENERAL PROVISIONS

Rule 1. These rules, except as otherwise specifically provided, apply to all persons who own, receive, acquire, possess, use or transfer any source of radiation in this state. Regulation by the state of source material, byproduct material and special nuclear material in quantities not sufficient to form a critical mass is subject to an agreement between the state and the NRC and to 10 CFR Part 150 of NRC regulations. These rules do not apply to a person to the extent that the person is subject to regulation by the NRC. A person is subject to these rules unless specifically exempted under the act.

**History**
- *History: 1979 AACS.*

##### **Mich. Admin. Code R 325.5002** Hearing procedure {#sec-r-325.5002 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5002}

Rule 2. (1) Prior to the issuance of an order, the department shall afford opportunity for hearing which shall be conducted pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.

(2) In a contested case, the department shall conduct a hearing as provided in the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.

**History**
- *History: 1979 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5003** Definitions; Ab to Ai {#sec-r-325.5003 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5003}

Rule 3. (1) "Absorbed dose" means the energy imparted to matter by radiation per unit mass of irradiated material at the place of interest. The special unit of absorbed dose is the rad.

(2) "Accelerator" or "particle accelerator" means a radiation machine designed for or capable of accelerating electrically charged particles such as electrons, protons, or deuterons with an electrical potential in excess of 1 MeV. Radiation machines designed and used exclusively for the production of electron beams or x-radiation for any of the following purposes, except those capable of producing radioactive material in excess of exempt quantities listed in schedule B of Rule 147, are excluded from this definition:

(a) The diagnosis or treatment of patients.

(b) Industrial radiography.

(d) Manufacturing process control.

(e) Research and development.

(f) Demonstration of scientific principles for educational purposes.

(3) "Accelerator material" means any material made radioactive by exposing it in a particle accelerator.

(4) "Act" means 1978 PA 368, MCL 333.1101 to 333.25211. The terms defined in the act have the same meanings when used in these rules.

(5) "Agreement material" means "byproduct material", "source material", or "special nuclear material in quantities not sufficient to form a critical mass" which is subject to regulation by this state under an agreement between the NRC and this state pursuant to section 274 of the federal atomic energy act of 1954, as amended, being 42 U.S.C. 2011 to 2297H-13.

(6) "Agreement state" means a state with which the NRC has entered into an effective agreement pursuant to section 274b of the atomic energy act of 1954, 42 U.S.C. 2011 to 2297H-13.

(7) "Airborne radioactive material" means any radioactive material dispersed in the air in the form of dusts, fumes, mists, vapors, or gases.

(8) "Airborne radioactivity area" means a room, enclosure, or operating area in which airborne radioactive material exists in concentrations in excess of the amounts specified in column 1, table I of Rules 261 to 269 or a room, enclosure, or operating area in which airborne radioactive material exists in concentrations which, averaged over the number of hours in any week during which individuals are in the area, exceed 25% of the amounts specified in column 1, table I of Rules 261 to 269.

**History**
- *History: 1979 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5004** Definitions; Al to Au {#sec-r-325.5004 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5004}

Rule 4. "Authorized recipient" means any person licensed or otherwise authorized in writing by the department, the federal government or any agency thereof, or an agreement state to possess radioactive material or as authorized to the extent permitted by exemption from these rules.

**History**
- *History: 1979 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5005** Definitions; B {#sec-r-325.5005 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5005}

Rule 5. (1) "Barrier" includes a primary protective barrier, a secondary protective barrier, or a personnel barrier.

(2) "Beam axis" means a line from the source through the centers of the gamma-ray fields.

(3) "Beam-limiting device" means a device which provides a means to restrict the dimensions of the gamma-ray field.

(4) "Byproduct material" means any radioactive material, except special nuclear material, yielded in or made radioactive by exposing it to the radiation incident to the process of producing or utilizing special nuclear material.

**History**
- *History: 1979 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5006** Definitions; C {#sec-r-325.5006 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5006}

Rule 6. (1) "Calendar quarter" means not less than 12 consecutive weeks nor more than 14 consecutive weeks. The first calendar quarter of each year shall begin in January and subsequent calendar quarters shall be arranged so that a day is not included in more than 1 calendar quarter nor is a day in any 1 year omitted from inclusion within a calendar quarter. A licensee or registrant shall not change the method observed by him or her of determining calendar quarters for purposes of these rules except at the beginning of a calendar year.

(2) "Controlled area" means a restricted area.

(3) "Curie" means the quantity of radioactive material that decays at the rate of 3.7 x 10 disintegrations per second (dps). Commonly used submultiples of the curie (Ci) are the millicurie (mCi), the microcurie (μCi) and the nanocurie (nCi). One millicurie = 0.001 curie = 3.7 x 10 dps.

One microcurie = 0.000001 curie = 3.7 x 10 dps. One nanocurie = 0.000000001 curie = 37 dps.

Curie is the special unit of measurement of radioactivity.

**History**
- *History: 1979 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5007** Definitions; D {#sec-r-325.5007 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5007}

Rule 7. (1) "Department" means the department of environmental quality.

(2) "Dose" means absorbed dose or dose equivalent as appropriate.

(3) "Dose equivalent" means the absorbed dose in rads times certain modifying factors and is a quantity that expresses on a common scale for all radiation a measure of the postulated effect on a given organ from small amounts of radiation. The special unit of dose equivalent is the rem.

**History**
- *History: 1979 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5008** Definitions; E, F {#sec-r-325.5008 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5008}

Rule 8. (1) "Exposure" means the quotient of dQ by dm where dQ is the absolute value of the total charge of the ions of 1 sign produced in air when all the electrons (negatrons and positrons) liberated by photons in a volume element of air having mass dm are completely stopped in air.

The special unit of exposure is the roentgen.

(2) "Exposure rate" means the exposure per unit of time, such as R/min, mR/h.

(3) "Facility" means the location at which 1 or more devices or sources of radiation are installed or located within 1 building or under 1 roof and are under the same administrative control.

**History**
- *History: 1979 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5009** Definitions; G, H {#sec-r-325.5009 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5009}

Rule 9. (1) "High radiation area" means an area, accessible to individuals, in which there exists such radiation, that an individual could receive in any 1 hour a dose in excess of 100 millirems.

(2) "Human use" means the internal or external administration of radiation or radioactive materials to human beings.

**History**
- *History: 1979 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5010** Definitions; I {#sec-r-325.5010 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5010}

Rule 10. (1) "Individual" means a human being.

(2) "Inspection" means an official examination or observation to determine compliance with the act, these rules, license conditions, registration conditions, or orders of the department.

(3) "Installation" means a location, having boundaries specified by the licensee or registrant, where for a period of more than 30 days, 1 or more sources of radiation are used, operated, or stored. A part of a building, an entire building, a plant, or plant site may be designated as an installation.

**History**
- *History: 1979 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5011** Definitions; L {#sec-r-325.5011 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5011}

Rule 11. (1) "Level" means radiation flux or intensity at a specific point. It is sometimes expressed in terms of the dose an individual would receive if he or she were at that point or location.

(2) "License" means a license issued pursuant to part 2 except where otherwise specified.

**History**
- *History: 1979 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5012** Definitions; M to O {#sec-r-325.5012 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5012}

Rule 12. (1) "Manufactured" means produced or prepared for use or sale by an industrial manufacturing process. It includes factory assembly of components but does not include assembly of manufactured parts at the site of use.

(2) "Naturally occurring material" means radioactive material found radioactive in the normal isotopic distribution of elements rather than rendered radioactive by artificial means.

(3) "Nuclear regulatory commission" or "NRC" means the United States nuclear regulatory commission established by section 201 of the federal energy reorganization act of 1974, being Public Law 93-438.

(4) "Occupational dose" means the dose received in the course of occupational exposure as calculated or estimated from dosimeters.

(5) "Occupational exposure" means radiation exposure received by an individual in a restricted area, or in the course of employment in which the individual's duties involve being exposed to radiation. It does not include exposure of an individual to radiation for the purpose of diagnosis or therapy of the individual.

**History**
- *History: 1979 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5013** Definitions; P {#sec-r-325.5013 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5013}

Rule 13. (1) "Particle accelerator" or "accelerator" means a radiation machine designed for or capable of accelerating electrically charged particles such as electrons, protons, or deuterons, with an electrical potential in excess of 1 MeV. Radiation machines designed and used exclusively for the production of electron beams or x-radiation for any of the following purposes, except those capable of producing radioactive material in excess of exempt quantities listed in schedule B of Rule 147, are excluded from this definition:

(a) The diagnosis or treatment of patients.

(b) Industrial radiography.

(d) Manufacturing process control.

(e) Research and development.

(f) Demonstration of scientific principles for educational purposes.

(2) "Personnel barrier" means a barrier which restricts personnel from potential radiation exposure by restricting access to the vicinity of a source of radiation.

(3) "Personnel monitoring equipment" means a device such as a film badge, pocket dosimeter, or thermoluminescent dosimeter (TLD) designed to be worn or carried by an individual for the purpose of estimating the radiation dose received by him or her.

(4) "Primary protective barrier" means the material, excluding filters, placed in the useful beam to reduce the radiation exposure for protection purposes.

**History**
- *History: 1979 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5014** Definitions; Ra {#sec-r-325.5014 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5014}

Rule 14. (1) "Rad" means 1/100 of a joule of absorbed radiation energy per kilogram of material, or 100 ergs per gram and is the special unit of absorbed dose.

(2) "Radiation" means ionizing radiation.

(3) "Radiation area" means an area, accessible to individuals, in which there exists such radiation that an individual could receive in any 1 hour a dose in excess of 5 millirems, or in any 5 consecutive days a dose in excess of 100 millirems.

(4) "Radiation monitoring" means the periodic or continuous determination of the exposure rate or contamination level in an area (area monitoring) or of the dose received by an individual (personnel monitoring).

(5) "Radiation protection supervisor" means the individual specified by the licensee or registrant who has the authority and the responsibility for radiation protection.

(6) "Radiation worker" means an individual assigned work with or around sources of radiation or who, during the performance of his or her assigned duties, receives or is likely to receive a dose in any calendar quarter in excess of 300 millirems.

(7) "Radioactivity" means the property of certain isotopes of the basic elements of spontaneously emitting nuclear particles or gamma radiation or of emitting x-radiation following orbital electron capture or of undergoing spontaneous fission.

**History**
- *History: 1979 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5016** Definitions; Re to Ro {#sec-r-325.5016 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5016}

Rule 16. (1) "Rem" means the absorbed dose in rads multiplied by appropriate modifying factors which are determined by the quality of radiation and the conditions of exposure and is the special unit of dose equivalent. For the purpose of these regulations, each of the following is considered to be equivalent to a dose of 1 rem:

(a) An exposure of 1 roentgen of x or gamma radiation.

(b) A dose of 1 rad due to x, gamma, or beta radiation.

(c) A dose of 0.1 rad due to neutrons or high energy protons.* (d) A dose of 0.05 rad due to particles heavier than protons and with sufficient energy to reach the lens of the eye. * If it is more convenient to measure the neutron flux, or equivalent, than to determine the neutron absorbed dose in rads, 1 rem of neutron radiation may, for purposes of these regulations, be assumed to be equivalent to 14 million neutrons per square centimeter incident upon the body; or, if there exists sufficient information to estimate with reasonable accuracy the approximate distribution in energy of the neutrons, the incident number of neutrons per square centimeter equivalent to 1 rem may be estimated from the following table:

Neutron Flux Dose Equivalents Neutron Energy (MeV)

Number of neutrons per square centimeter for a dose equivalent of 1 rem (neutrons/cm )

Average flux to deliver 100 millirem in 40 hours (neutrons/cm per second)

Thermal970 x 10 0.0001720 x 10 0.005820 x 10 0.02400 x 10 0.1120 x 10 0.543 x 10 1.026 x 10 2.529 x 10 5.026 x 10 7.524 x 10 1024 x 10 10 to 3014 x 10 (2) "Research and development" means theoretical analysis, exploration, or experimentation; or the extension of investigative findings and theories of a scientific or technical nature into practical application for experimental and demonstration purposes, including the experimental production and testing of models, devices, equipment, materials, and processes. This definition does not apply to human use.

(3) "Restricted area" or "controlled area" means an area access to which is controlled by a licensee or registrant for purposes of protection of individuals from exposure to radiation or radioactive materials. It does not include an area used for residential quarters, although a separate room in a residential building may be set apart as a restricted area.

(4) "Roentgen" means 2.58 x 10 -4 Coulombs/kilogram of air and is the special unit of exposure.

**History**
- *History: 1979 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5017** Definitions; Se to So {#sec-r-325.5017 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5017}

Rule 17. (1) "Sealed source" means radioactive material that is permanently bonded or fixed in a capsule or matrix designed to prevent release and dispersal of the radioactive material under the most severe conditions which are likely to be encountered in normal use and handling.

(2) "Secondary protective barrier" means the material placed in the path of scattered and leakage radiation to reduce the radiation exposure for protection purposes.

(3) "Shall" means required to comply with these rules pursuant to the act and enforceable under the act and the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.

(4) "Should" means recommended when practicable to meet optimum radiation safety standards.

(5) "Source material" means uranium or thorium, or any combination thereof, in any physical or chemical form; or ores which contain by weight 1/20 of 1% (0.05%) or more of uranium, thorium or any combination thereof. Source material does not include special nuclear material.

(6) "Source of radiation" means any radioactive material, or any device or equipment containing radioactive material.

**History**
- *History: 1979 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5018** Definitions; Sp to Su {#sec-r-325.5018 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5018}

Rule 18. (1) "Special nuclear material in quantities not sufficient to form a critical mass" means uranium enriched in the isotope U-235 in quantities not exceeding 350 grams of contained U-235; uranium-233 in quantities not exceeding 200 grams; plutonium in quantities not exceeding 200 grams; or any combination of them in accordance with the following formula: For each kind of special nuclear material, determine the ratio between the quantity of that special nuclear material and the quantity specified above for the same kind of special nuclear material. The sum of the ratios for all of the kinds of special nuclear material in combination shall not exceed "1" (i.e., unity). For example, the following quantities in combination would not exceed the limitation and are within the formula:

Pu)(grams50 233)- U(grams50 235)- Ucontained(grams175  (2) "Stationary equipment" means equipment that is installed in a fixed location.

(3) "Survey" means a critical evaluation of a facility or area incident to the production, use, release, disposal, or presence of sources of radiation under a specific set of conditions to determine actual or potential radiation hazards. When appropriate, the evaluation includes tests, physical examination, source inventory and accountability, and measurements of levels of radiation or concentration of radioactive material present.

**History**
- *History: 1979 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5019** Definitions; T {#sec-r-325.5019 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5019}

Rule 19. (1) "Test" means a procedure for determining the characteristics or condition of a source of radiation, or circumstances relative thereto.

(2) "Thermoluminescent dosimeter" or "TLD" means a device used for radiation monitoring which measures integrated dose by the principle of thermoluminescence.

(3) "These rules" means all parts.

**History**
- *History: 1979 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5020** Definitions; U, V {#sec-r-325.5020 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5020}

Rule 20. (1) "Unrefined and unprocessed ore" means ore in its natural form before any processing, such as grinding, roasting, beneficiating or refining.

(2) "Unrestricted area" or "uncontrolled area" means an area access to which is not controlled by a licensee or registrant for purposes of protection of individuals from exposure to radiation or radioactive materials, or an area used for residential quarters.

R 325.5021. Rescinded.

R 325.5025. Prefixes.

Rule 25. The following prefixes are used in these rules to mean the numbers indicated:

SymbolPrefixQuantitySymbolPrefixQuantity d c m μ n p f a deci centi milli micro nano pico femto atto (=10 -1 )

(=10 -2 )

(=10 -3 )

(=10 -6 )

(=10 -9 )

(=10 -12 )

(=10 -15 )

(=10 -18 ) da h k M G T deka hecto kilo mega giga tera (=10)

(=10 )

EXEMPTIONS

**History**
- *History: 1979 AACS; 2016 AACS.*
- *History: 1979 AACS; 2016 AACS.*
- *History: 1979 AACS.*

##### **Mich. Admin. Code R 325.5031** Departmental action {#sec-r-325.5031 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5031}

Rule 31. Upon application or upon its own initiative, the department may grant exemptions or exceptions from the requirements of these rules as it determines are authorized by law and will not result in undue hazard to public health and safety or property.

**History**
- *History: 1979 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5032** Carriers {#sec-r-325.5032 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5032}

Rule 32. A common or contract carrier, freight forwarder, warehouseman, and the United States postal service are exempt from these rules to the extent that they transport or store agreement material in the regular course of carriage for another or storage incident thereto.

**History**
- *History: 1979 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5033** Nuclear regulatory commission contractors {#sec-r-325.5033 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5033}

Rule 33. An NRC contractor or subcontractor of the following categories operating in this state is exempt from these rules to the extent that the contractor or subcontractor under his or her contract receives, acquires, possesses, uses, or transfers sources of radiation:

(a) A prime contractor performing work for the NRC at United States government-owned or controlled sites.

(b) A prime contractor performing research in, or development, manufacture, storage, testing, or transportation of, atomic weapons or components thereof.

(c) A prime contractor using or operating nuclear reactors or other nuclear devices in a United States government-owned vehicle or vessel.

(d) Any other prime contractor or subcontractor when the state and the NRC jointly determine that, under the terms of the contract or subcontract, there is adequate assurance that the work thereunder can be accomplished without undue risk to the public health and safety and that the exemption of such contractor or subcontractor is otherwise appropriate.

RECORDS, INSPECTIONS, TESTS AND ENFORCEMENT

**History**
- *History: 1979 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5041** Records {#sec-r-325.5041 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5041}

Rule 41. A licensee or registrant shall keep records showing the receipt, transfer, and disposal of all sources of radiation. Additional record requirements are specified elsewhere in these rules.

**History**
- *History: 1979 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5042** Inspections {#sec-r-325.5042 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5042}

Rule 42. (1) Under authority of section 13517(1) of the act, the department may enter at all reasonable times upon private or public property to conduct compliance investigations.

(2) Under authority of section 13517(2) of the act, the department may obtain a warrant if necessary for search of property or seizure of sources of radiation or evidence of a violation of the act or any rule or license.

(3) A licensee or registrant shall make available to the department for inspection, all records maintained pursuant to these rules.

**History**
- *History: 1979 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5043** Impounding {#sec-r-325.5043 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5043}

Rule 43. Sources of radiation are subject to impounding pursuant to section 13517(2) of the act.

**History**
- *History: 1979 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5044** Tests {#sec-r-325.5044 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5044}

Rule 44. A licensee or registrant shall perform upon instructions from the department and shall permit the department to perform such reasonable tests as the department deems appropriate or necessary, including tests of the following:

(a) Sources of radiation.

(b) Facilities wherein sources of radiation are used or stored.

(d) Other equipment and devices used in connection with utilization or storage of licensed or registered sources of radiation.

R 325.5045. Additional requirements.

Rule 45. The department, by rule or order, may impose upon a licensee or registrant requirements in addition to those set forth in these rules that it deems appropriate or necessary to minimize danger to public health and safety or property.

**History**
- *History: 1979 AACS; 2016 AACS.*
- *History: 1979 AACS.*

##### **Mich. Admin. Code R 325.5046** Violations {#sec-r-325.5046 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5046}

Rule 46. (1) Under authority of section 13536 of the act, the department may seek a court order enjoining violation of or directing compliance with the act or any rule or order issued thereunder.

(2) Under authority of section 13535 of the act, a person who performs any act for which licensing or registration is required pursuant to these rules when that person is not licensed, registered, or exempted, is guilty of a misdemeanor and may be fined, imprisoned or both.

**History**
- *History: 1979 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5047** Communications {#sec-r-325.5047 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5047}

Rule 47. Communications and reports concerning these rules, and applications filed thereunder, should be addressed to the Michigan Department of Environmental Quality, Office of Waste Management and Radiological Protection, Constitution Hall, 525 West Allegan Street, P.O. Box 30241, Lansing, Michigan 48909.

R 325.5049. Rescinded.

PART 2. LICENSING OF RADIOACTIVE MATERIAL

**History**
- *History: 1979 AACS; 2016 AACS.*
- *History: 1979 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5051** Purpose and scope {#sec-r-325.5051 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5051}

Rule 51. (1) This part provides for the licensing of radioactive material. A person shall not own, receive, acquire, possess, use, or transfer radioactive material except as authorized in a specific or general license issued pursuant to this part or as otherwise provided in this part.

(2) In addition to the requirements of this part, a licensee is subject to the requirements of parts 1 and 5.

EXEMPTIONS

SOURCE MATERIAL

**History**
- *History: 1979 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5052** Source material as low percentage of weight {#sec-r-325.5052 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5052}

Rule 52. A person is exempt from this part to the extent that he or she receives, possesses, uses, or transfers source material in any chemical mixture, compound, solution, or alloy in which the source material is by weight less than 1/20 of 1% (0.05%) of the mixture, compound, solution, or alloy.

**History**
- *History: 1979 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5053** Unprocessed ore containing source material {#sec-r-325.5053 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5053}

Rule 53. A person is exempt from this part to the extent that he or she receives, possesses, uses, or transfers unrefined and unprocessed ore containing source material. However, the person shall not refine or process such ore except as authorized in a specific license.

**History**
- *History: 1979 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5054** Thorium used in certain articles {#sec-r-325.5054 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5054}

Rule 54. A person is exempt from this part to the extent that he or she receives, possesses, uses, or transfers any quantity of thorium contained in the following:

(a) Incandescent gas mantles.

(b) Vacuum tubes.

(d) Electric lamps for illuminating purposes if each lamp does not contain more than 50 milligrams of thorium.

(e) Germicidal lamps, sunlamps, and lamps for outdoor or industrial lighting if each lamp does not contain more than 2 grams of thorium.

(f) Rare earth metals and compounds, mixtures, and products containing not more than 0.25% by weight thorium, uranium, or any combination of these.

**History**
- *History: 1979 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5055** Source material contained in ceramic and other articles {#sec-r-325.5055 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5055}

Rule 55. A person is exempt from this part to the extent that he or she receives, possesses, uses, or transfers the following:

(a) Source material contained in the following products:

(i) Glazed ceramic tableware, if the glaze contains not more than 20% by weight source material.

(ii) Glassware, glass enamel, and glass enamel frit containing not more than 10% by weight source material; but not including commercially manufactured glass brick, pane glass, ceramic tile, or other glass, glass enamel, or ceramic used in construction.

(iii) Piezoelectric ceramic containing not more than 2% by weight source material.

(b) Photographic film, negatives, and prints containing uranium or thorium.

(c) A finished product or part fabricated of, or containing, tungsten-thorium or magnesiumthorium alloys, if the thorium content of the alloy does not exceed 4% by weight. The exemption contained in this paragraph does not authorize the chemical, physical, or metallurgical treatment or processing of any such product or part.

**History**
- *History: 1979 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5056** Uranium contained in counterweights {#sec-r-325.5056 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5056}

Rule 56. (1) A person is exempt from this part to the extent that he or she receives, possesses, uses or transfers uranium contained in counterweights installed in aircraft, marinecraft, rockets, projectiles, and missiles, or stored or handled in connection with installation or removal of such counterweights if all of the following conditions are met:

(a) The counterweights are manufactured in accordance with a specific license issued by the department, the NRC, or an agreement state authorizing distribution by the licensee pursuant to this rule or equivalent regulations of the NRC or an agreement state.

(b) Each counterweight has been impressed with the following legend clearly legible through any plating or other covering: "DEPLETED URANIUM".

(c) Each counterweight is durably and legibly labeled or marked with the identification of the manufacturer and the statement: "UNAUTHORIZED ALTERATIONS PROHIBITED".

(2) The requirements specified in subrule (1)(b) and (c) of this rule need not be met by counterweights manufactured before December 31, 1969 if the counterweights are impressed with the legend, “CAUTION - RADIOACTIVE MATERIAL - URANIUM”, as previously required by applicable regulations.

(3) The exemption in this rule does not authorize the chemical, physical, or metallurgical treatment or processing of counterweights other than repair or restoration of any plating or other covering.

**History**
- *History: 1979 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5057** Uranium contained in shipping container shields {#sec-r-325.5057 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5057}

Rule 57. A person is exempt from this part to the extent that he or she receives, possesses, uses, or transfers uranium used as shielding constituting part of any shipping container which is conspicuously and legibly impressed with the legend "CAUTION - RADIOACTIVE SHIELDING - URANIUM" and which meets the specifications for containers for radioactive materials prescribed by section 178.250, specification 55, part 178, of the regulations published by the United States department of transportation, 49 CFR 178.250.

**History**
- *History: 1979 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5058** Thorium contained in lenses {#sec-r-325.5058 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5058}

Rule 58. A person is exempt from this part to the extent that he or she receives, possesses, uses, or transfers thorium contained in finished optical lenses, if each lens does not contain more than 30% by weight of thorium. The exemption in this rule does not authorize either of the following:

(a) The shaping, grinding, or polishing of such lens or manufacturing processes other than the assembly of such lens into optical systems and devices without any alteration of the lens.

(b) The receipt, possession, use, or transfer of thorium contained in contact lenses, in spectacles or in eyepieces in binoculars or other optical instruments.

**History**
- *History: 1979 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5059** Uranium contained in fire detection units {#sec-r-325.5059 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5059}

Rule 59. A person is exempt from this part to the extent that he or she receives, possesses, uses, or transfers uranium contained in detector heads for use in fire detection units, if each detector head contains not more than 5 nanocuries of uranium.

**History**
- *History: 1979 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5060** Thorium contained in aircraft engine parts {#sec-r-325.5060 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5060}

Rule 60. A person is exempt from this part to the extent that he or she receives, possesses, uses, or transfers thorium contained in any finished aircraft engine part containing nickel-thoria alloy, if both of the following conditions are met:

(a) The thorium is dispersed in the nickel-thoria alloy in the form of finely divided thoria (thorium dioxide).

(b) The thorium content in the nickel-thoria alloy does not exceed 4% by weight.

**History**
- *History: 1979 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5061** Exemptions do not authorize manufacture {#sec-r-325.5061 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5061}

Rule 61. The exemptions in Rules 54 to 60 do not authorize the manufacture of any of the products described.

**History**
- *History: 1979 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5065** Exempt concentrations {#sec-r-325.5065 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5065}

Rule 65. Except as provided in Rule 66, a person is exempt from this part to the extent that he or she owns, receives, acquires, possesses, uses, or transfers products or materials containing radioactive material in concentrations not in excess of those listed in Rule 146.

R 325.5066. Material transferred to exempt persons.

Rule 66. A person shall not introduce radioactive material into a product or material knowing or having reason to believe that it will be transferred to persons exempt under Rule 65 or equivalent regulations of the NRC or an agreement state.

**History**
- *History: 1979 AACS; 2016 AACS.*
- *History: 1979 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5067** Items containing tritium, promethium-147, or radium {#sec-r-325.5067 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5067}

Rule 67. Except for persons who apply tritium, promethium-147, or radium to, or persons who incorporate tritium, promethium-147, or radium into, the following products, a person is exempt from these rules to the extent that he or she owns, receives, acquires, possesses, uses, or transfers the following products:

(a) Timepieces or timepiece hands or dials containing not more than the following specified quantities of radioactive material and not exceeding the following specified levels of radiation:

(i) 25 millicuries of tritium per timepiece.

(ii) 5 millicuries of tritium per hand.

(iii) 15 millicuries of tritium per dial; bezels when used shall be considered as part of the dial.

(iv) 100 microcuries of promethium-147 per watch or 200 microcuries of promethium-147 per any other timepiece.

(v) 20 microcuries of promethium-147 per watch hand or 40 microcuries of promethium-147 per other timepiece hand.

(vi) 60 microcuries of promethium-147 per watch dial or 120 microcuries of promethium-147 per other timepiece dial; bezels when used shall be considered as part of the dial.

(vii) The levels of radiation from hands and dials containing promethium-147 will not exceed, when measured through 50 milligrams per square centimeter of absorber, the following:

(aa) For wrist watches, 0.1 millirad per hour at 10 centimeters from any surface.

(bb) For pocket watches, 0.1 millirad per hour at 1 centimeter from any surface.

(cc) For any other timepiece, 0.2 millirad per hour at 10 centimeters from any surface.

(b) Timepieces or timepiece hands or dials containing not more than the following specified quantities of radium and meeting the following expressed conditions:

(i) 0.15 microcuries of radium per watch.

(ii) 0.03 microcuries of radium per watch hand.

(iii) 0.09 microcuries of radium per watch dial.

(iv) 0.20 microcuries of radium per clock.

(v) 0.04 microcuries of radium per clock hand.

(vi) 0.12 microcuries of radium per clock dial.

(vii) The timepiece is not a pocket watch.

(viii) Timepieces or timepiece hands or dials containing radium that were manufactured before the effective date of these rules.

(ix) The timepiece is marked or coded to identify the date of manufacture and that it contains radium.

(x) The timepiece emits sufficient luminosity, omitting photoactivation, that its dial can be read in the dark during its entire design lifetime.

(c) Lock illuminators containing not more than 15 millicuries of tritium or not more than 2 millicuries of promethium-147 installed in automobile locks. The levels of radiation from each lock illuminator containing promethium-147 will not exceed 1 millirad per hour at 1 centimeter from any surface when measured through 50 milligrams per square centimeter of absorber.

(d) Precision balances containing not more than 1 millicurie of tritium per balance or not more than 0.5 millicurie of tritium per balance part.

(e) Automobile shift quadrants containing not more than 25 millicuries of tritium.

(f) Marine compasses containing not more than 750 millicuries of tritium gas and other marine navigational instruments containing not more than 250 millicuries of tritium gas.

(g) Thermostat dials and pointers containing not more than 25 millicuries of tritium per thermostat.

(h) Electron tubes, including spark gap tubes, power tubes, gas tubes including glow lamps, receiving tubes, microwave tubes, indicator tubes, pick-up tubes, radiation detection tubes and any other completely sealed tube that is designed to conduct or control electrical currents, if the level of radiation due to radioactive material contained in each electron tube does not exceed 1 millirad per hour at 1 centimeter from any surface when measured through 7 milligrams per square centimeter of absorber and if each tube does not contain more than 1 of the following specified quantities of radioactive materials:

(i) 150 millicuries of tritium per microwave receiver protector tube or 10 millicuries of tritium per any other electron tube.

(ii) 1 microcurie of cobalt-60.

(iii) 5 microcuries of nickel-63.

(iv) 30 microcuries of krypton-85.

(v) 5 microcuries of cesium-137.

(vi) 30 microcuries of promethium-147.

(i) Ionizing radiation measuring instruments containing, for purposes of internal calibration or standardization, a source of radioactive material not exceeding the applicable quantity set forth in Rule 147.

**History**
- *History: 1979 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5071** Resins containing scandium-46 for sand consolidation in oil wells {#sec-r-325.5071 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5071}

Rule 71. A person is exempt from these rules to the extent that he or she owns, receives, acquires, possesses, uses, or transfers synthetic plastic resins containing scandium-46 which are designed for sand consolidation in oil wells if the resins were manufactured or imported in accordance with a specific license issued by the NRC, or were manufactured in accordance with the specifications contained in a specific license issued by the department or an agreement state to the manufacturer of such resins pursuant to licensing requirements equivalent to those in sections 32.16 and 32.17 of 10 CFR Part 32 of the regulations of the NRC. This exemption does not authorize the manufacturer of resins containing scandium-46.

**History**
- *History: 1979 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5072** Gas and aerosol detectors {#sec-r-325.5072 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5072}

Rule 72. Except for persons who manufacture, process, or produce gas and aerosol detectors, a person is exempt from these rules to the extent that he or she owns, receives, acquires, possesses, uses, or transfers the following:

(a) Byproduct material in gas and aerosol detectors designed to protect life or property from fires and airborne hazards, if the detectors containing byproduct material were manufactured, imported, or transferred in accordance with a specific license issued by the NRC pursuant to section 32.26 of 10 CFR Part 32, which license authorizes the transfer of the detectors to persons who are exempt from regulatory requirements.

(b) Naturally occurring material in gas and aerosol detectors designed to protect life or property from fires and airborne hazards, if the detectors containing naturally occurring material were manufactured, imported, or transferred in accordance with a specific license issued by the department or an agreement state pursuant to equivalent conditions as in section 32.26 of 10 CFR Part 32, which license authorizes the transfer of the detectors to persons who are exempt from regulatory requirements.

**History**
- *History: 1979 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5073** Self-luminous products containing tritium, krypton-85, promethium-147, or radium-226 {#sec-r-325.5073 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5073}

Rule 73. (1) Except for a person who manufactures, processes, or produces self-luminous products, a person is exempt from these regulations to the extent that he or she owns, receives, acquires, possesses, uses, or transfers the following:

(a) Tritium, krypton-85, or promethium-147 in self-luminous products manufactured, processed, imported, or transferred in accordance with a specific license issued by the NRC pursuant to section 32.22 of 10 CFR Part 32, which license authorizes the transfer of the product to persons who are exempt from regulatory requirements.

(b) Naturally occurring material in self-luminous products manufactured, processed, imported, or transferred in accordance with a specific license issued by the department or an agreement state pursuant to equivalent conditions as in section 32.22 of 10 CFR Part 32.

(2) The exemptions in subrule (1) of this rule do not apply to tritium, krypton-85, promethium- 147, or naturally occurring material used in products for frivolous purposes or in toys or adornments.

EXEMPTIONS

RADIOACTIVE MATERIAL OTHER THAN SOURCE MATERIAL

**History**
- *History: 1979 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5074** Exempt quantities {#sec-r-325.5074 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5074}

Rule 74. (1) Except as provided in subrules (3) and (4) of this rule, a person is exempt from these rules to the extent that he or she owns, receives, acquires, possesses, uses, or transfers a byproduct, naturally occurring, or accelerator material in individual quantities each of which does not exceed the applicable quantity set forth in Rule 147.

(2) A person who possesses radioactive material formerly received or acquired under the general license provided in 10 CFR Part 31, § 31.4 of the NRC regulations is exempt from the requirements for a license set forth in this part to the extent that he or she owns, possesses, uses, or transfers such radioactive material.

(3) Subrule (1) of this rule does not authorize the production, packaging, or repackaging of radioactive material for purposes of commercial distribution, or the incorporation of radioactive material into products intended for commercial distribution.

(4) A person, for purposes of commercial distribution, shall not transfer radioactive material in the individual quantities set forth in Rule 147, knowing or having reason to believe that such quantities of radioactive material will be transferred to persons exempt under subrule (1) of this rule or equivalent regulations of the NRC or an agreement state, except in accordance with a specific license issued by the NRC pursuant to section 32.18 of 10 CFR Part 32 which license states that the radioactive material may be transferred by the licensee to persons exempt under subrule (1) of this rule or the equivalent regulations of the NRC or an agreement state.

GENERAL LICENSES

**History**
- *History: 1979 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5081** Types of licenses {#sec-r-325.5081 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5081}

Rule 81. Licenses for radioactive materials are of 2 types: general or specific. General licenses provided in this part are effective without the filing of applications with the department or the issuance of licensing documents to particular persons. Specific licenses are issued to named persons upon applications filed pursuant to this part.

**History**
- *History: 1979 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5082** Rescinded {#sec-r-325.5082 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5082}

**History**
- *History: 1979 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5083** Rescinded {#sec-r-325.5083 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5083}

**History**
- *History: 1979 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5084** Rescinded {#sec-r-325.5084 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5084}

**History**
- *History: 1979 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5085** Rescinded {#sec-r-325.5085 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5085}

**History**
- *History: 1979 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5086** Rescinded {#sec-r-325.5086 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5086}

**History**
- *History: 1979 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5087** Ownership of radioactive material {#sec-r-325.5087 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5087}

Rule 87. This rule is a general license issued to own radioactive material without regard to quantity. Notwithstanding any other provisions of this part, this general license does not authorize the manufacture, production, transfer, receipt, possession, or use of radioactive material.

**History**
- *History: 1979 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5088** Rescinded {#sec-r-325.5088 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5088}

**History**
- *History: 1979 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5089** Rescinded {#sec-r-325.5089 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5089}

**History**
- *History: 1979 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5090** Rescinded {#sec-r-325.5090 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5090}

**History**
- *History: 1979 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5091** Rescinded {#sec-r-325.5091 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5091}

**History**
- *History: 1979 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5092** Rescinded {#sec-r-325.5092 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5092}

SPECIFIC LICENSES

**History**
- *History: 1979 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5101** Applications {#sec-r-325.5101 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5101}

Rule 101. (1) An application for a specific license shall be filed on a form prescribed by the department and shall be accompanied by the appropriate license fee as specified in Rules 141 to 145.

(2) The application shall be signed by the applicant or licensee or a person authorized to act for and on his or her behalf.

(3) An application for a license may include a request for a license authorizing 1 or more activities.

(4) In his or her application, the applicant may incorporate by reference information contained in previous applications, statements, or reports filed with the department if the references are clear and specific.

(5) The department, at any time after the filing of the original application, and before the expiration of the license, may require further statements in order for the department to determine whether the application will be granted or denied or whether a license will be modified or revoked.

(6) The department may make available the application and documents submitted to the department for public inspection except that the department may withhold any document or part thereof from public inspection if disclosure of its content is not required in the public interest and would adversely affect the interest of a person concerned.

**History**
- *History: 1979 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5102** General requirements for specific licenses {#sec-r-325.5102 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5102}

Rule 102. The department shall approve a license application if it determines all of the following:

(a) The applicant or the designated individual user is qualified by reason of training and experience to use the material in question for the purpose requested in accordance with these rules in such a manner as to minimize danger to public health and safety or property.

(b) The applicant's proposed equipment, facilities, and procedures are adequate to minimize danger to public health and safety or property.

(d) The applicant satisfies any applicable special requirements in Rule 117a.

**History**
- *History: 1979 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5103** Rescinded {#sec-r-325.5103 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5103}

**History**
- *History: 1979 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5104** Rescinded {#sec-r-325.5104 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5104}

**History**
- *History: 1979 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5105** Rescinded {#sec-r-325.5105 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5105}

**History**
- *History: 1979 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5106** Rescinded {#sec-r-325.5106 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5106}

**History**
- *History: 1979 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5107** Rescinded {#sec-r-325.5107 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5107}

**History**
- *History: 1979 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5108** Rescinded {#sec-r-325.5108 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5108}

**History**
- *History: 1979 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5109** Rescinded {#sec-r-325.5109 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5109}

**History**
- *History: 1979 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5110** Rescinded {#sec-r-325.5110 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5110}

**History**
- *History: 1979 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5111** Rescinded {#sec-r-325.5111 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5111}

**History**
- *History: 979 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5111a** Rescinded {#sec-r-325.5111a omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5111a}

**History**
- *History: 1979 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5111b** Rescinded {#sec-r-325.5111b omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5111b}

**History**
- *History: 1979 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5111c** Rescinded {#sec-r-325.5111c omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5111c}

**History**
- *History: 1979 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5112** Rescinded {#sec-r-325.5112 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5112}

**History**
- *History: 1979 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5113** Rescinded {#sec-r-325.5113 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5113}

**History**
- *History: 1979 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5114** Rescinded {#sec-r-325.5114 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5114}

**History**
- *History: 1979 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5115** Rescinded {#sec-r-325.5115 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5115}

**History**
- *History: 1979 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5116** Rescinded {#sec-r-325.5116 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5116}

**History**
- *History: 1979 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5117** Rescinded {#sec-r-325.5117 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5117}

SPECIAL REQUIREMENTS FOR ISSUANCE OF CERTAIN SPECIFIC LICENSES

**History**
- *History: 1979 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5117a** Particle accelerator licenses {#sec-r-325.5117a omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5117a}

Rule 117a. (1) A particle accelerator capable of producing radioactive material in excess of exempt quantities listed in schedule B of Rule 147 shall not be operated in a manner likely to produce such quantities of radioactive material unless a person is authorized to operate in a specific license issued pursuant to this rule.

(2) Subject to Rule 122 a person shall submit an application for a specific license to operate a particle accelerator subject to this rule in accordance with Rule 101.

(3) The department shall issue a specific license for a particle accelerator subject to licensing under this rule when it determines all of the following:

(a) The applicant will have an adequate program for training accelerator operators and submits to the department a schedule or description of the program which specifies the following:

(i) Initial training.

(ii) Periodic training.

(iii) On-the-job training.

(iv) Means to be used by the licensee to determine the operator's knowledge and understanding of and ability to comply with department rules and licensing requirements, and the operating and emergency procedures of the applicant.

(b) The applicant has established and submits to the department satisfactory written operating and emergency procedures.

(c) The applicant will have an adequate internal inspection system, or other management control, to assure that license provisions, rules, and the applicant's operating and emergency procedures are followed by operators and all other individuals associated with the accelerator operation.

(d) The applicant submits to the department a description of his or her overall organizational structure pertaining to the particle accelerator program, including specified delegations of authority and responsibility for operation of the program.

(e) The applicant has applied for or has been issued a valid license to own, receive, acquire, possess, use, and transfer radioactive material produced or used in connection with accelerator operation.

**History**
- *History: 1979 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5118** Issuance of specific licenses {#sec-r-325.5118 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5118}

Rule 118. (1) As used in this rule, "as it deems appropriate or necessary" means as the department determines is appropriate or necessary in order to minimize danger to public health and safety or property; and prevent loss or theft of material subject to this part.

(2) Upon a determination that an application meets the requirements of the act and these rules the department shall issue a specific license authorizing the proposed activity in such form and containing such conditions and limitations as it deems appropriate or necessary.

(3) The department may incorporate in any license at the time of issuance, or thereafter, by appropriate rule or order, such additional requirements and conditions with respect to the licensee's receipt, possession, use, and transfer of radioactive material subject to this part as it deems appropriate or necessary.

(4) The department may require such reports and the keeping of such records, and may provide for such inspections of activities under the license as it deems appropriate or necessary.

**History**
- *History: 1979 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5119** Specific terms and conditions of licenses {#sec-r-325.5119 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5119}

Rule 119. (1) A license issued under this part is subject to all the provisions of the act, now or hereafter in effect, and to all rules and orders of the department.

(2) A license issued or granted under this part and a right to possess or utilize radioactive material granted by a license issued under this part shall not be transferred, assigned, or in any manner disposed of, either voluntarily or involuntarily, directly or indirectly, through transfer of control of any license to any person unless the department, after securing full information, finds that the transfer is in accordance with the provisions of the act, and gives its consent in writing.

(3) A person licensed by the department under this part shall confine his or her use and possession of the material licensed to the locations and purposes authorized in the license.

**History**
- *History: 1979 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5120** Expiration, renewal, and amendment of licenses {#sec-r-325.5120 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5120}

Rule 120. (1) Except as provided in subrule (3) of this rule, each specific license expires at the end of the day, in the months and year stated therein.

(2) An application for renewal of a specific license shall be filed in accordance with Rule 101.

(3) If a licensee, not less than 30 days before expiration of his or her existing license, has filed an application in proper form for renewal or for a new license authorizing the same activities, the existing license does not expire until the application has been finally determined by the department.

(4) An application for amendment of a license shall be filed in accordance with Rule 101 and shall specify the respects in which the licensee desires his or her license to be amended and the grounds for such amendment.

(5) In considering an application by a licensee to renew or amend his or her license, the department shall apply the criteria set forth in Rules 102 and 117a.

**History**
- *History: 1979 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5121** Rescinded {#sec-r-325.5121 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5121}

**History**
- *History: 1979 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5122** Rescinded {#sec-r-325.5122 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5122}

**History**
- *History: 1979 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5123** Transfer of material {#sec-r-325.5123 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5123}

Rule 123. (1) A licensee shall not transfer radioactive material except as authorized pursuant to this rule.

(2) Preparation for shipment and transport of radioactive material shall be in accordance with the provisions of Rule 255.

(3) A licensee may transfer radioactive material to the following:

(a) The department.

(b) The NRC.

(d) A person authorized to receive the material under terms of a general license or its equivalent, or a specific license or equivalent licensing document, issued by the department, the NRC, or an agreement state, or to a person otherwise authorized to receive the material by the federal government or any agency thereof, the department, or an agreement state.

(e) As otherwise authorized by the department in writing.

**History**
- *History: 1979 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5124** Modification, revocation, and termination of licenses {#sec-r-325.5124 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5124}

Rule 124. (1) The terms and conditions of a license are subject to amendment, revision, or modification or the license may be suspended or revoked by reason of amendments to the act, or by reason of rules and orders issued by the department.

(2) A license may be revoked, suspended, or modified, in whole or in part, for the following:

(a) A material false statement in the application or any statement of fact required under the act.

(b) A condition revealed by the application or statement of fact or any report, record, or inspection or other means which would warrant the department to refuse to grant a license on an original application.

(c) A violation of, or failure to observe, any of the terms and conditions of the act, the license, or any rule or order of the department.

(3) Except in a case of willfulness or where the public health, interest, or safety requires otherwise, a license shall not be modified, suspended, or revoked unless, before the institution of proceedings therefor, facts or conduct which may warrant the action have been called to the attention of the license in writing and the licensee has been accorded an opportunity to demonstrate or achieve compliance with all lawful requirements.

(4) The department may terminate a specific license upon request submitted by the licensee to the department in writing.

**History**
- *History: 1979 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5125** Environmental impact report {#sec-r-325.5125 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5125}

Rule 125. An application for a license to receive and possess radioactive material for commercial waste disposal by land burial in this state or for the conduct of any other activity which the department determines will significantly affect the quality of the environment shall be filed at least 9 months before the beginning of construction of the plant or facility in which the activity will be conducted and shall be accompanied by an environmental report. The report shall contain information similar to the information specified in Rules 212 and 238.

RECIPROCITY

**History**
- *History: 1979 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5131** General license for limited period {#sec-r-325.5131 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5131}

Rule 131. This rule is a general license issued to a person who holds a specific license from the NRC or an agreement state issued by the agency having jurisdiction where the licensee maintains an office for directing the licensed activity and at which radiation safety records are normally maintained, to conduct the activities authorized in the license in this state for a period not in excess of 180 days in any calendar year if all of the following conditions are met:

(a) The license does not limit the activity authorized by it to specified installations or locations.

(b) The licensee notifies the department in writing at least 3 days prior to engaging in the activity.

The notification shall indicate the location, period, and type of proposed possession and use within this state, and shall be accompanied by a copy of the pertinent license. If, for a specific case, the 3-day period would impose an undue hardship on the licensee, he or she may obtain permission to proceed sooner upon application to the department. The department may waive the requirement for filing additional written notifications during the remainder of the calendar year following the receipt of the initial notification from a person engaging in activities under the general license provided in this rule.

(c) The licensee complies with all applicable rules of the department and with all the terms and conditions of his or her license, except terms and conditions which may be inconsistent with applicable rules of the department.

(d) The licensee supplies such other information as the department may request.

(e) The licensee does not transfer or dispose of radioactive material possessed or used under the general license provided in this rule except by transfer to a person specifically licensed by the department or by the NRC to receive such material, or exempt from the requirements for a license for such material under Rule 65.

Editor's Note: An obvious error in R 325.5131 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Michigan Register, 2016 MR 10. The memorandum requesting the correction was published in Michigan Register, 2016 MR 16.

**History**
- *History: 1979 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5132** Rescinded {#sec-r-325.5132 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5132}

**History**
- *History: 1979 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5133** Limited acceptance of reciprocal licenses {#sec-r-325.5133 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5133}

Rule 133. The department may withdraw, limit, or qualify its acceptance of a specific license or equivalent licensing document issued by another agency, or any product distributed pursuant to such licensing document, upon determining that the action is necessary to prevent undue hazard to public health and safety or property.

LICENSE FEES

**History**
- *History: 1979 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5141** Application fees {#sec-r-325.5141 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5141}

Rule 141. (1) A license application for which a fee is prescribed in Rule 144 shall be accompanied by a remittance in the full amount of the fee unless the applicant has been exempted from fee payment under Rule 143.

(2) An application will not be accepted for filing or processed before payment of the full amount specified unless exempted from fee payment. An application for which a remittance is not received may be returned to the applicant.

(3) All application fees shall be retained irrespective of the department's disposition of the application or a withdrawal of the application.

(4) The application fee serves as the license fee for the first year after issuance of the license irrespective of the time interval between date of application and date of issuance.

R 325.5142. Annual fees.

Rule 142. (1) An annual license fee is payable 1 year after the date of issuance of the license and annually thereafter.

(2) The annual fee shall be submitted in a timely manner so that its receipt is assured on or before the due date in order to maintain the license in effect.

**History**
- *History: 1979 AACS; 2016 AACS.*
- *History: 1979 AACS.*

##### **Mich. Admin. Code R 325.5143** Exemptions {#sec-r-325.5143 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5143}

Rule 143. (1) Application fees or annual fees are not required for licenses applied for by, or issued to the following:

(a) An agency of this state or any political subdivision thereof for radioactive material or accelerators to be used primarily for services rendered on a charitable basis or in connection with a facility used primarily for charitable purposes.

(b) A nonprofit educational institution for radioactive material or accelerators to be used exclusively for teaching or training purposes or in connection with a facility used exclusively for teaching or training purposes.

(2) Application fees or annual fees are not required for licenses authorizing the use of source material as shielding only in devices and containers, but all other licensed radioactive material in the device or container is subject to the fees prescribed in Rule 144 unless otherwise exempted under this rule.

**History**
- *History: 1979 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5144** Fee schedule {#sec-r-325.5144 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5144}

Rule 144. Applicants for specific radioactive material licenses and licensees issued these licenses shall pay the appropriate license fees and shall be subject to the footnotes specified in the following fee schedule unless exempted under Rule 143.

SCHEDULE OF RADIOACTIVE MATERIAL LICENSE FEES

Category of License Application Fee Annual Fee 3 4 1. Radioactive Material Other than Special Nuclear, Byproduct, or Source Material:

A. All other specific radioactive material licenses except those in categories 2A or 2B. $50.00 $50.00 2.Waste Disposal:

A. Waste disposal licenses specifically authorizing the receipt of waste radioactive material from other persons for the purpose of commercial disposal by the waste disposal licensee by land burial. $3,000.00 $3,000.00 B. Waste disposal licenses specifically authorizing the receipt of waste radioactive material from other persons for the purpose of commercial disposal by the waste disposal licensee by transfer to another person authorized to receive such material. $400.00 $400.00 FOOTNOTES to SCHEDULE OF RADIOACTIVE MATERIAL LICENSE FEES Amendments based on applications filed after the due date of the annual license fee reducing the scope of a licensee's program or cancelling a license, will not entitle the licensee to a partial refund of an annual fee that has been paid by the licensee for the year in which such amendment or cancellation occurs. Applications for amendments increasing the scope of a program to a higher fee category will not be accepted for filing unless accompanied by the prescribed fee less the amount of the currently prescribed fee for the activities already licensed.

Applications for specific licenses covering more than 1 fee category shall be accompanied by the prescribed fee for each category.

Payment of the prescribed annual fee does not automatically renew the license for which the fee is paid. Renewal applications shall be filed in accordance with the requirements of Rule 120.

Applications for reissuance of licenses that have expired because a timely renewal application was not filed shall be accompanied by the prescribed application fee.

The annual fee will be waived where an application is filed to cancel the license prior to the due date of the annual fee, and the amount of the annual fee will be reduced where an application is filed to amend the license to reduce its scope before the due date of the annual fee. However, an annual fee will not be waived or reduced unless the application filed before the due date of the fee contains all the information necessary to permit the department to complete the requested action

**History**
- *History: 1979 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5145** Payment of fees {#sec-r-325.5145 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5145}

Rule 145. (1) License fee payments shall be by check, draft, or money order payable to the "State of Michigan".

(2) In any case where the department finds that a licensee has failed to pay the applicable annual fee required in this part, the department may suspend or revoke the license or may issue such order with respect to licensed activities as the department determines to carry out these rules and the act.

SCHEDULES A AND B

**History**
- *History: 1979 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5146** Schedule A - Exempt concentrations {#sec-r-325.5146 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5146}

Rule 146. See Rule 65.

Element (atomic number) Radionuclide Column I Gas concentration μCi/ml* Column II Liquid and solid concentration μCi/ml** Antimony (51) Sb 122 Sb 124 Sb 125 3 x 10 -4 2 x 10 -4 1 x 10 -3 Argon (18) Ar 37 Ar 41 1 x 10 -3 4 x 10 -7 Element (atomic number) Radionuclide Column I Gas concentration μCi/ml* Column II Liquid and solid concentration μCi/ml** Arsenic (33) As 73 As 74 As 76 As 77 5 x 10 -3 5 x 10 -4 2 x 10 -4 8 x 10 -4 Barium (56) Ba 131 Ba 140 2 x 10 -3 3 x 10 -4 Beryllium (4)Be 72 x 10 -2 Bismuth (83)Bi 2064 x 10 -4 Bromine (35)Br 824 x 10 -7 3 x 10 -3 Cadmium (48) Cd 109 Cd 115m Cd 115 2 x 10 -3 3 x 10 -4 3 x 10 -4 Calcium (20) Ca 45 Ca 47 9 x 10 -5 5 x 10 -4 Carbon (6)C 141 x 10 -6 8 x 10 -3 Cerium (58) Ce 141 Ce 143 Ce 144 9 x 10 -4 4 x 10 -4 1 x 10 -4 Cesium (55) Cs 131 Cs 134m Cs 134 2 x 10 -2 6 x 10 -2 9 x 10 -5 Chlorine (17)Cl 389 x 10 -7 4 x 10 -3 Chromium (24)Cr 512 x 10 -2 Cobalt (27) Co 57 Co 58 Co 60 5 x 10 -3 1 x 10 -3 5 x 10 -4 Copper (29)Cu 643 x 10 -3 Dysprosium (66) Dy 165 Dy 166 4 x 10 -3 4 x 10 -4 Erbium (68) Er 169 Er 171 9 x 10 -4 1 x 10 -3 Europium (63) Eu 152 (T 1/2 =9.2 hrs)

Eu 155 6 x 10 -4 2 x 10 -3 Fluorine (9)F 182 x 10 -6 8 x 10 -3 Gadolinium (64) Gd 153 Gd 159 2 x 10 -3 8 x 10 -4 Gallium (31)Ga 724 x 10 -4 Germanium (32)Ge 712 x 10 -2 Element (atomic number) Radionuclide Column I Gas concentration μCi/ml* Column II Liquid and solid concentration μCi/ml** Gold (79) Au 196 Au 198 Au 199 2 x 10 -3 5 x 10 -4 2 x 10 -3 Hafnium (72)Hf 1817 x 10 -4 Hydrogen (1)H 35 x 10 -6 3 x 10 -2 Indium (49) In 113m In 114m 1 x 10 -2 2 x 10 -4 Iodine (53) I 126 I 131 I 132 I 133 I 134 3 x 10 -9 3 x 10 -9 8 x 10 -8 1 x 10 -8 2 x 10 -7 2 x 10 -5 2 x 10 -5 6 x 10 -4 7 x 10 -5 1 x 10 -3 Iridium (77) Ir 190 Ir 192 Ir 194 2 x 10 -3 4 x 10 -4 3 x 10 -4 Iron (26) Fe 55 Fe 59 8 x 10 -3 6 x 10 -4 Krypton (36) Kr 85m Kr 85 1 x 10 -6 3 x 10 -6 Lanthanum (57)La 1402 x 10 -4 Lead (82)Pb 2034 x 10 -3 Lutetium (71)Lu 1771 x 10 -3 Manganese (25) Mn 52 Mn 54 Mn 56 3 x 10 -4 1 x 10 -3 1 x 10 -3 Mercury (80) Hg 197m Hg 197 Hg 203 2 x 10 -3 3 x 10 -3 2 x 10 -4 Molybdenum (42)Mo 992 x 10 -3 Neodymium (60) Nd 147 Nd 149 6 x 10 -4 3 x 10 -3 Nickel (28)Ni 651 x 10 -3 Niobium (41)

(Columbium)

Nb 95 Nb 97 1 x 10 -3 9 x 10 -3 Osmium (76) Os 185 Os 191m Os 191 Os 193 7 x 10 -4 3 x 10 -2 2 x 10 -3 6 x 10 -4 Palladium (46) Pd 103 Pd 109 3 x 10 -3 9 x 10 -4 Element (atomic number) Radionuclide Column I Gas concentration μCi/ml* Column II Liquid and solid concentration μCi/ml** Phosphorous (15)P 322 x 10 -4 Platinum (78) Pt 191 Pt 193m Pt 197m Pt 197 1 x 10 -3 1 x 10 -2 1 x 10 -2 1 x 10 -3 Polonium (84)Po 2107 x 10 -6 Potassium (19)K 423 x 10 -3 Praseodymium(59) Pr 142 Pr 143 3 x 10 -4 5 x 10 -4 Promethium (61) Pm 147 Pm 149 2 x 10 -3 4 x 10 -4 Radium (88) Ra 226 Ra 228 1 x 10 -7 3 x 10 -7 Radon (86) Rn 220 Rn 222 1 x 10 -8 1 x 10 -7 Rhenium (75) Re 183 Re 186 Re 188 6 x 10 -3 9 x 10 -4 6 x 10 -4 Rhodium (45) Rh 103m Rh 105 1 x 10 -1 1 x 10 -3 Rubidium (37)Rb 867 x 10 -4 Ruthenium (44) Ru 97 Ru 103 Ru 105 Ru 106 4 x 10 -3 8 x 10 -4 1 x 10 -3 1 x 10 -4 Samarium (62)Sm 1538 x 10 -4 Scandium (21) Sc 46 Sc 47 Sc 48 4 x 10 -4 9 x 10 -4 3 x 10 -4 Selenium (34)Se 753 x 10 -3 Silicon (14)Si 319 x 10 -3 Silver (47) Ag 105 Ag 110m Ag 111 1 x 10 -3 3 x 10 -4 4 x 10 -4 Sodium (11)Na 242 x 10 -3 Strontium (38) Sr 85 Sr 89 Sr 91 Sr 92 1 x 10 -3 1 x 10 -4 7 x 10 -4 7 x 10 -4 Sulfur (16)S 359 x 10 -8 6 x 10 -4 Element (atomic number) Radionuclide Column I Gas concentration μCi/ml* Column II Liquid and solid concentration μCi/ml** Tantalum (73)Ta 1824 x 10 -4 Technetium (43) Tc 96m Tc 96 1 x 10 -1 1 x 10 -3 Tellurium (52) Te 125m Te 127m Te 127 Te 129m Te 131m Te 132 2 x 10 -3 6 x 10 -4 3 x 10 -3 3 x 10 -4 6 x 10 -4 3 x 10 -4 Terbium (65)Tb 1604 x 10 -4 Thallium (81) Tl 200 Tl 201 Tl 202 Tl 204 4 x 10 -3 3 x 10 -3 1 x 10 -3 1 x 10 -3 Thulium (69) Tm 170 Tm 171 5 x 10 -4 5 x 10 -3 Tin (50) Sn 113 Sn 125 9 x 10 -4 2 x 10 -4 Tungsten (74)

(Wolfram)

W 181

W 187 4 x 10 -3 7 x 10 -4 Vanadium (23)V 483 x 10 -4 Xenon (54) Xe 131m Xe 133 Xe 135 4 x 10 -6 3 x 10 -6 1 x 10 -6 Ytterbium (70)Yb 1751 x 10 -3 Yttrium (39) Y 90 Y 91m Y 91 Y 92 Y 93 2 x 10 -4 3 x 10 -2 3 x 10 -4 6 x 10 -4 3 x 10 -4 Zinc (30) Zn 65 Zn 69m Zn 69 1 x 10 -3 7 x 10 -4 2 x 10 -2 Zirconium (40) Zr 95 Zr 97 6 x 10 -4 2 x 10 -4 Beta and/or gamma emitting radioactive material not listed above with half-life less than 3 years. 1 x 10 -10 1 x 10 -6 * Values are given in Column 1 only for those materials normally used as gases. ** μCi/gm for solids.

NOTE 1: Many radionuclides disintegrate into nuclides which are also radioactive. In expressing the concentrations in Schedule A the activity stated is that of the parent nuclide and takes into account the daughters.

NOTE 2: For purposes of Rule 65 where there is involved a combination of nuclides, the limit for the combination should be derived as follows: Determine for each nuclide in the product the ratio between the concentration present in the product and the exempt concentration established in Schedule A for the specific nuclide when not in combination. The sum of such ratios may not exceed "1" (i.e., unity).

EXAMPLE:

Concentration of Nuclide A in Product + Concentration of Nuclide B in Product ≤ 1 Exempt concentration of Nuclide AExempt concentration of Nuclide B

**History**
- *History: 1979 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5147** Schedule B - Exempt quantities {#sec-r-325.5147 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5147}

Rule 147. See Rule 74.

RadionuclideMicrocuries Antimony 122 (Sb 122)100 Antimony 124 (Sb 124)10 Antimony 125 (Sb 125)10 Arsenic 73 (As 73)100 Arsenic 74 (As 74)10 Arsenic 76 (As 76)10 Arsenic 77 (As 77)100 Barium 131 (Ba 131)10 Barium 133 (Ba 133)10 Barium 140 (Ba 140)10 Bismuth 210 (Bi 210)1 Bromine 82 (Br 82)10 Cadmium 109 (Cd 109)10 Cadmium 115m (Cd 115m)10 Cadmium 115 (Cd 115)100 Calcium 45 (Ca 45)10 Calcium 47 (Ca 47)10 Carbon 14 (C 14)100 Cerium 141 (Ce 141)100 Cerium 143 (Ce 143)100 Cerium 144 (Ce 144)1 Cesium 131 (Cs 131)1,000 Cesium 134m (Cs 134m)100 Cesium 134 (Cs 134)1 Cesium 135 (Cs 135)10 Cesium 136 (Cs 136)10 Cesium 137 (Cs 137)10 Chlorine 36 (Cl 36)10 Chlorine 38 (Cl 38)10 Chromium 51 (Cr 51)1,000 Cobalt 58m (Co 58m)10 Cobalt 58 (Co 58)10 Cobalt 60 (Co 60)1 Copper 64 (Cu 64)100 Dysprosium 165 (Dy 165)10 Dysprosium 166 (Dy 166)100 Erbium 169 (Er 169)100 Erbium 171 (Er 171)100 Europium 152 (Eu 152) 9.2 h100 Europium 152 (Eu 152) 13 yr1 Europium 154 (Eu 154)1 Europium 155 (Eu 155)10 Fluorine 18 (F18)1,000 Gadolinium 153 (Gd 153)10 Gadolinium 159 (Gd 159)100 Gallium 72 (Ga 72)10 Germanium 71 (Ge 71)100 Gold 198 (Au 198)100 Gold 199 (Au 199)100 Hafnium 181 (Hf 181)10 Holmium 166 (Ho 166)100 Hydrogen 3 (H 3)1,000 Indium 113m (In 113m)100 Indium 114m (In 114m)10 Indium 115m (In 115m)100 Indium 115 (In 115)10 Iodine 125 (I 125)1 Iodine 126 (I 126)1 Iodine 129 (I 129)0.1 Iodine 131 (I 131)1 Iodine 132 (I 132)10 Iodine 133 (I 133)1 Iodine 134 (I 134)10 Iodine 135 (I 135)10 Iridium 192 (Ir 192)10 Iridium 194 (Ir 194)100 Iron 55 (Fe 55)100 Iron 59 (Fe 59)10 Krypton 85 (Kr 85)100 Krypton 87 (Kr 87)10 Lanthanum 140 (La 140)10 Lutetium 177 (Lu 177)100 Manganese 52 (Mn 52)10 Manganese 54 (Mn 54)10 Manganese 56 (Mn 56)10 Mercury 197m (Hg 197m)100 Mercury 197 (Hg 197)100 Mercury 203 (Hg 203)10 Molybdenum 99 (Mo 99)100 Neodymium 147 (Nd 147)100 Neodymium 149 (Nd 149)100 Nickel 59 (Ni 59)100 Nickel 63 (Ni 63)10 Nickel 65 (Ni 65)100 Niobium 93m (Nb 93m)10 Niobium 95 (Nb 95)10 Niobium 97 (Nb 97)10 Osmium 185 (Os 185)10 Osmium 191m (Os 191m)100 Osmium 191 (Os 191)100 Osmium 193 (Os 193)100 Palladium 103 (Pd 103)100 Palladium 109 (Pd 109)100 Phosphorus 32 (P 32)10 Platinum 191 (Pt 191)100 Platinum 193m (Pt 193m)100 Platinum 193 (Pt 193)100 Platinum 197m (Pt 197m)100 Platinum 197 (Pt 197)100 Polonium 210 (Po 210)0.1 Potassium 42 (K 42)10 Praseodymium 142 (Pr 142)100 Praseodymium 143 (Pr 143)100 Promethium 147 (Pm 147)10 Promethium 149 (Pm 149)10 Rhenium 186 (Re 186)100 Rhenium 188 (Re 188)100 Rhodium 103m (Rh 103m)100 Rhodium 105 (Rh 105)100 Rubidium 86 (Rb 86)10 Rubidium 87 (Rb 87)10 Ruthenium 97 (Ru 97)100 Ruthenium 103 (Ru 103)10 Ruthenium 105 (Ru 105)10 Ruthenium 106 (Ru 106)1 Samarium 151 (Sm 151)10 Samarium 153 (Sm 153)100 Scandium 46 (Sc 46)10 Scandium 47 (Sc 47)100 Scandium 48 (Sc 48)10 Selenium 75 (Se 75)10 Silicon 31 (Si 31)100 Silver 105 (Ag 105)10 Silver 110m (Ag 110m)1 Silver 111 (Ag 111)100 Sodium 24 (Na 24)10 Strontium 85 (Sr 85)10 Strontium 89 (Sr 89)1 Strontium 90 (Sr 90)0.1 Strontium 91 (Sr 91)10 Strontium 92 (Sr 92)10 Sulphur 35 (S 35)100 Tantalum 182 (Ta 182)10 Technetium 96 (Tc 96)10 Technetium 97m (Tc 97m)100 Technetium 97 (Tc 97)100 Technetium 99m (Tc 99m)100 Technetium 99 (Tc 99)10 Tellurium 125m (Te 125m)10 Tellurium 127m (Te 127m)10 Tellurium 127 (Te 127)100 Tellurium 129m (Te 129m)10 Tellurium 129 (Te 129)100 Tellurium 131m (Te 131m)10 Tellurium 132 (Te 132)10 Terbium 160 (Tb 160)10 Thallium 200 (Tl 200)100 Thallium 201 (Tl 201)100 Thallium 202 (Tl 202)100 Thallium 204 (Tl 204)10 Thulium 170 (Tm 170)10 Thulium 171 (Tm 171)10 Tin 113 (Sn 113)10 Tin 125 (Sn 125)10 Tungsten 181 (W 181)10 Tungsten 185 (W 185)10 Tungsten 187 (W 187)100 Vanadium 48 (V 48)10 Xenon 131m (Xe 131m)1,000 Xenon 133 (Xe 133)100 Xenon 135 (Xe 135)100 Ytterbium 175 (Yb 175)100 Yttrium 90 (Yb 90)10 Yttrium 91 (Yb 91)10 Yttrium 92 (Yb 92)100 Yttrium 93 (Yb 93)100 Zinc 65 (Zn 65)10 Zinc 69m (Zn 69m)100 Zinc 69 (Zn 69)1,000 Zirconium 93 (Zr 93)10 Zirconium 95 (Zr 95)10 Zirconium 97 (Zr 97)10 Any radionuclide not listed above other than alpha emitting radioactive material 0.1

**History**
- *History: 1979 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5148** Rescinded {#sec-r-325.5148 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5148}

R 325.5149. Rescinded.

PART 4. REGISTRATION OF RADIATION MACHINES

**History**
- *History: 1979 AACS; 2016 AACS.*
- *History: 1979 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5181** Rescinded {#sec-r-325.5181 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5181}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5182** Rescinded {#sec-r-325.5182 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5182}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5183** Rescinded {#sec-r-325.5183 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5183}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5184** Rescinded {#sec-r-325.5184 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5184}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5185** Rescinded {#sec-r-325.5185 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5185}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5186** Rescinded {#sec-r-325.5186 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5186}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5187** Rescinded {#sec-r-325.5187 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5187}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5188** Rescinded {#sec-r-325.5188 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5188}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5189** Rescinded {#sec-r-325.5189 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5189}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5191** Rescinded {#sec-r-325.5191 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5191}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5192** Rescinded {#sec-r-325.5192 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5192}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5193** Rescinded {#sec-r-325.5193 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5193}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5194** Rescinded {#sec-r-325.5194 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5194}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5195** Rescinded {#sec-r-325.5195 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5195}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5196** Rescinded {#sec-r-325.5196 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5196}

PART 5. STANDARDS FOR PROTECTION AGAINST RADIATION

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5201** Purpose and scope {#sec-r-325.5201 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5201}

Rule 201. (1) This part establishes standards for protection against radiation hazards. Except as otherwise specifically provided this part applies to all licensees and registrants.

(2) In addition to complying with requirements in this part, every reasonable effort should be made to maintain radiation levels in unrestricted areas and releases of radioactive materials in effluents to unrestricted areas, as far below the limits specified in this part as practicable. The term "as far below the limits specified in this part as practicable" means as low as is practicably achievable, taking into account the state of technology, and the economics of improvements in relation to benefits to the public health and safety and in relation to the use of sources of radiation in the public interest.

**History**
- *History: 1979 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5202** Intentional exposure of humans {#sec-r-325.5202 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5202}

Rule 202. (1) Nothing in these rules shall be construed as limiting the intentional exposure of patients to radiation for the purpose of medical diagnosis, medical therapy, or medical research conducted by licensed members of the healing arts.

(2) Intentional exposure of individuals to radiation or concentrations of radioactive material for diagnostic or therapeutic purposes shall be limited to supervision or prescriptions by licensed members of the healing arts.

PERMISSIBLE DOSES, LEVELS AND CONCENTRATIONS

**History**
- *History: 1979 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5203** Exposure of individuals to radiation {#sec-r-325.5203 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5203}

Rule 203. (1) Except as provided in subrules (3),(4), and (6) of this rule, a licensee or registrant shall not receive, possess, use, or transfer sources of radiation in a manner as to cause any individual to receive in any period from all sources of radiation in the licensee's or registrant's possession a dose in excess of the limits specified in table 1 of Rule 205. A licensee or registrant shall not be held liable for meeting the dose limit for fertile women (with respect to fetus) listed in table 1 until and unless the employee has submitted written notice to the licensee or registrant of the pregnant condition. Potential risk of exposure, if any, to the fetus before the written notice is received shall be assumed by the employee as a condition of employment as a radiation worker.

Following receipt of written notice, the employee's dosimeter record shall be reviewed immediately and necessary steps shall be taken to meet the dose limit specified in table 1 of Rule 205.

(2) For determining the doses specified in Rules 203 to 215, a dose from x- or gamma rays up to 10 MeV may be assumed to be equivalent to the exposure measured by a properly calibrated appropriate instrument in air at or near the body surface of the region of the highest exposure rate.

(3) A licensee or registrant may permit an individual in a restricted area to receive a dose to the whole body greater than that permitted in subrule (1) of this rule, under any of the following conditions:

(a) The annual dose does not exceed 5 rems in any 1 year and during any calendar quarter the dose to the whole body from sources of radiation in the licensee's or registrant's possession does not exceed 3 rems.

(b) The dose to the whole body, when added to the accumulated occupational dose to the whole body, does not exceed 5 (N-18) rems where "N" equals the individual's age in years at his or her last birthday.

(c) The licensee or registrant has determined the individual's accumulated occupational dose to the whole body on Form RH-101, or on a clear and legible record containing all the information required in that form and has otherwise complied with the requirements of Rule 206.

(4) Upon application showing an operational need, the department may authorize radiation doses at a higher annual level than the limits set forth in subrule (1) of this rule, provided that the dose does not exceed 3 rems per quarter and that, based on the determination of the individual's prior radiation record, his or her accumulated occupational dose does not exceed 5 (N-18) rems where "N" equals the individual's age in years at his or her last birthday.

(5) As used in this part, "dose to the whole body" includes any dose to the whole body, gonads, active blood-forming organs, head and trunk, or lens of the eye.

(6) Nothing in this part shall be interpreted as limiting the exposure of members of emergency response teams to radiation under emergency circumstances for the purpose of minimizing danger to life or property. Teams may include police, fire, ambulance, and paramedical crews acting in the course of their assigned duties.

**History**
- *History: 1979 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5205** Dose limits {#sec-r-325.5205 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5205}

Rule 205. Table 1 Maximum Permissible Dose Equivalent for Occupational Exposure Dose to the whole body*1.25 rem per quarter Skin of whole body7.5 rems per quarter Hands18.75 rems per quarter Fertile women (with respect to fetus)0.5 rem in gestation period Maximum Permissible Dose Equivalent for Non-Occupational Exposure Individual0.5 rem in any one year Population Dose Limits Genetic0.17 rem average per year Somatic0.17 rem average per year *If the dose distribution is not uniform the limiting dose shall be the highest dose received by any of the critical organs specified in subrule (5) of Rule 203.

**History**
- *History: 1979 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5206** Determination of accumulated dose {#sec-r-325.5206 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5206}

Rule 206. (1) This rule applies to licensees or registrants who propose, pursuant to Rule 203 (3) or (4), to permit individuals in a restricted area to receive radiation doses in excess of the limits specified in table 1 of Rule 205.

(2) Before permitting an individual in a restricted area to be exposed to radiation in excess of the limits specified in table 1 of Rule 205, each licensee or registrant shall do all of the following:

(a) Obtain a certificate on Form RH-101, or on a clear and legible record containing all the information required in that form, signed by the individual, showing each period of time after the individual attained the age of 18 in which the individual received an occupational dose of radiation.

(b) Calculate on Form RH-101, in accordance with the instructions appearing therein, or on a clear and legible record containing all the information required in that form, the previously accumulated occupational dose received by the individual and the additional dose allowed for the individual under Rule 203 (3) or (4).

(3) In the preparation of Form RH-101, or on a clear and legible record containing all the information required in that form, the licensee or registrant shall make a reasonable effort to obtain reports of the individual's previously accumulated occupational dose. For each period for which the licensee or registrant obtains these reports, he or she shall use the dose shown in the report in preparing the form. Where a licensee or registrant is unable to obtain reports of the individual's occupational dose for a previous complete calendar quarter, it is assumed that the individual has received the occupational dose specified in whichever of the following columns apply:

Part of Body COLUMN 1 Assumed Dose in Rems for Calendar Quarters Before January 1, 1961 COLUMN 2 Assumed Dose in Rems For Calendar Quarters Beginning on or After January1,1961 Whole body, gonads, active blood-forming organs, head and trunk, lens of the eye 3.75 1.25 (4) The licensee or registrant shall retain and preserve records used in preparing Form RH-101. If calculation of the individual's accumulated occupational dose for all periods before January 1, 1961 yields a result higher than the applicable accumulated dose value for the individual as of that date, as specified in Rule 205, the excess may be disregarded.

**History**
- *History: 1979 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5208** Exposure of individuals to radioactive material in restricted areas {#sec-r-325.5208 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5208}

Rule 208. (1) A licensee shall not receive, acquire, possess, use, or transfer radioactive material in such a manner as to cause an individual in a restricted area to be exposed to airborne radioactive material in an average concentration in excess of the limits specified in table I of appendix A in Rules 261 to 270. "Expose," as used in this rule, means that the individual is present in a region where an airborne concentration exist. An allowance shall not be made for the use of protective clothing or equipment, or particle size, except as authorized by the department pursuant to subrule (3) or (4) of this rule.

(2) The limits given in table I of appendix A in Rules 261 to 270, are based upon an individual being exposed to the specified concentrations for the reference period of 40 hours in any 7 consecutive days. In any such period where an individual has been exposed for less than the 40 hours, the limits specified may be increased proportionately. In any such period where an individual has been exposed for more than 40 hours, the limits specified in the table shall be decreased proportionately.

(3) The department may authorize a licensee to expose an individual in a restricted area to airborne concentrations in excess of the limits specified in table I of appendix A in Rules 261 to 270, upon receipt of an application demonstrating that the concentration is composed in whole or in part of particles of such size that the particles are not respirable and that the individual will not inhale the concentrations in excess of the limits established in the table. An application submitted pursuant to this subrule shall include an analysis of particle sizes in the concentrations and description of the methods used in determining the particle sizes.

(4) The department may authorize a licensee to expose an individual in a restricted area to airborne concentrations in excess of the limits specified in table I of appendix A in Rules 261 to 270, upon receipt of an application demonstrating that the individual will wear appropriate protective equipment and that the individual will not inhale, ingest, or absorb quantities of radioactive material in excess of those which might otherwise be permitted under this part for individuals in restricted areas during a 40-hour week. An application submitted pursuant to this subrule shall contain all of the following information:

(a) A description of the protective equipment to be employed, including the efficiency of the equipment for the material involved.

(b) Procedures for the fitting, maintenance, and cleaning of the protective equipment.

(c) Procedures governing the use of the protective equipment, including supervisory procedures and length of the time the equipment will be used by the individuals in each work week. The proposed periods for use of the equipment by any individual should not be of such duration as would discourage observance by the individual of the proposed procedures.

(d) The average concentrations present in the areas occupied by individuals.

(e) Procedures for bio-assay evaluation of the effectiveness of the proposed protective safeguards.

**History**
- *History: 1979 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5209** Orders requiring furnishing of bio-assay services {#sec-r-325.5209 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5209}

Rule 209. Where necessary or desirable in order to aid in determining the extent to which an individual was or may be exposed to concentrations of radioactive material, the department may incorporate license provisions or issue an order requiring a licensee or registrant to make available to the individual appropriate bio-assay services and to furnish a copy of the reports of such services to the department.

**History**
- *History: 1979 AACS.*

##### **Mich. Admin. Code R 325.5210** Exposure of minors {#sec-r-325.5210 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5210}

Rule 210. (1) A licensee or registrant shall not receive, acquire, possess, use, or transfer sources of radiation in a manner as to cause an individual who is under 18 years of age, to receive in any period of 1 calendar quarter from all sources of radiation in the licensee's or registrant's possession, a dose in excess of 10% of the quarterly occupational limit specified in Rule 205 (e.g. 125 mrems whole body).

(2) A licensee shall not receive, acquire, possess, use, or transfer radioactive material in such a manner as to cause any individual in a restricted area, who is under 18 years of age, to be exposed to airborne radioactive material in an average concentration in excess of the limits specified in table II of appendix A in Rules 261 to 270. For purposes of this subrule, concentrations may be averaged over periods not greater than 1 week (7 consecutive days).

(3) Rule 208 (1) shall apply where an individual is exposed subject to subrule (2) of this rule.

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5211** Radiation levels from external sources in unrestricted areas {#sec-r-325.5211 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5211}

Rule 211. (1) Except as authorized by the department pursuant to subrule (2) of this rule, a licensee or registrant shall not receive, acquire, possess, use, or transfer sources of radiation in such a manner as to result in an individual in an unrestricted area receiving a dose in excess of the following:

(a) Two millirems in any 1 hour.

(b) One hundred millirems in any 7 consecutive days.

(2) A person may apply to the department for proposed limits upon levels of radiation in unrestricted areas in excess of those specified in subrule (1) of this rule resulting from the applicants possession or use of sources of radiation. The application shall include information as to anticipated average radiation levels and anticipated occupancy times for each unrestricted area involved. The department shall approve the proposed limits if the applicant demonstrates to the satisfaction of the department that the proposed limits are not likely to cause any individual to receive a dose to the whole body in any period of 1 calendar year in excess of 0.5 rem.

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5212** Concentrations in effluents to unrestricted areas {#sec-r-325.5212 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5212}

Rule 212. (1) A licensee shall not receive, acquire, possess, use, or transfer licensed material so as to release to an unrestricted area radioactive material in concentrations that exceed the limits specified in table II of appendix A in Rules 261 to 270, except as authorized pursuant to subrule (2) of this rule or Rule 238. For purposes of this rule, concentrations may be averaged over a period not greater than 1 year.

(2) An application for a license or amendment may include proposed limits higher than those specified in subrule (1) of this rule. The department shall approve the proposed limits if the applicant demonstrates both of the following:

(a) The applicant has made a reasonable effort to minimize the radioactivity contained in effluents to unrestricted areas.

(b) It is not likely that radioactive material discharged in the effluent would result in the exposure of an individual to concentrations of radioactive material in air or water exceeding the limits specified in table II of appendix A in Rules 261 to 270.

(3) An application for higher limits pursuant to subrule (2) of this rule shall include information demonstrating that the applicant has made a reasonable effort to minimize the radioactivity discharged in effluents to unrestricted areas, and shall include, as pertinent, the following:

(a) Information as to flow rates, total volume of effluent, peak concentration of each radionuclide in the effluent, and concentration of each radionuclide in the effluent averaged over a period of 1 year at the point where the effluent leaves a stack, tube, pipe, or similar conduit.

(b) A description of the properties of the effluents, including the following:

(i) Chemical composition.

(ii) Physical characteristics, including suspended solids content in liquid effluents, and nature of gas or aerosol for air effluents.

(iii) The hydrogen ion concentrations (pH) of liquid effluents.

(iv) The size range of particulates in effluents released into air.

(c) A description of the anticipated human occupancy in the unrestricted areas where the highest concentration of radioactive material from the effluent is expected, and, in the case of a river or stream, a description of water uses downstream from the point of release of the effluent.

(d) Information as to the highest concentration of each radionuclide in an unrestricted area, including anticipated concentrations averaged over a period of 1 year in the following:

(i) In air at any point of human occupancy.

(ii) In water at points of use downstream from the point of release of the effluent.

(e) The background concentration of radionuclides in the receiving river or stream before the release of liquid effluent.

(f) A description of the environmental monitoring equipment, including sensitivity of the system, and procedures and calculations to determine concentration of radionuclides in the unrestricted area and possible reconcentrating of radionuclides.

(g) A description of the waste treatment facilities and procedures used to reduce the concentration of radionuclides in effluents before their release.

(4) For the purposes of this rule, the concentration limits in table II of appendix A in Rules 261 to 270 apply at the boundary of the restricted area. The concentration of radioactive material discharged through a stack, pipe, or similar conduit may be determined with respect to the point where the material leaves the conduit. If the conduit discharges within the restricted area, the concentration at the boundary may be determined by applying appropriate factors for dilution, dispersion, or decay between the point of discharge and the boundary.

(5) In addition to limiting concentrations in effluent streams, the department may limit quantities of radioactive materials released in air or water during a specified period of time if it appears that the daily intake of radioactive material from air, water, and food by a suitable sample of an exposed population group, averaged over a period not exceeding 1 year, would otherwise exceed the daily intake resulting from continuous exposure to air or water containing 1/3 the concentration of radioactive materials specified in table II of appendix A in Rules 261 to 270.

(6) This rule does not apply to disposal of radioactive material into sanitary sewerage systems, which is governed by Rule 239.

NOTICES, INSTRUCTIONS, AND REPORTS TO WORKERS; INSPECTIONS

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5213** General information {#sec-r-325.5213 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5213}

Rule 213. Rules 214 to 220 apply to the following:

(a) Establish requirements for notices, instructions and reports by licensees or registrants to individuals engaged in work under a license or registration.

(b) Explain options available to individuals in connection with department investigations of licensees or registrants to ascertain compliance with the act, these rules or orders, licenses or registration certificates issued regarding radiological working conditions. Department investigations include investigations of complaints and routine inspections or compliance investigations.

(c) Apply to all persons who own, receive, acquire, possess, use, or transfer sources licensed by or registered with the department pursuant to part 2.

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5214** Posting of notices to workers {#sec-r-325.5214 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5214}

Rule 214. (1) A licensee or registrant shall post current copies of the following documents:

(a) The regulations in this part.

(b) The license, certificate of registration and conditions or documents incorporated by reference and amendments thereto.

(d) Any notice of violation involving radiological working conditions, proposed imposition of civil penalty, or order issued pursuant to part 1, and any response from the licensee or registrant.

(2) If posting of a document specified in subrule (1)(a), (b) or (c) of this rule is not practicable, the licensee or registrant may post a notice which describes the document and states where it may be examined.

(3) Form RH-100 "Notice to Employees" shall be posted by each licensee or registrant wherever individuals work in or frequent any portion of a restricted area.

(4) Documents, notices, or forms posted pursuant to this rule shall appear in a sufficient number of places to permit individuals engaged in work under the license or registration to observe them on the way to or from any particular work location to which the document applies, shall be conspicuous, and shall be replaced if defaced or altered.

(5) Department documents posted pursuant to subrule(1)(d) of this rule shall be posted within 2 working days after receipt of the documents from the department. The licensee's or registrant's response, if any, shall be posted within 2 working days after dispatch from the licensee or registrant. The documents shall remain posted for a minimum of 5 working days or until action correcting the violation has been completed, whichever is later.

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5215** Instructions to workers {#sec-r-325.5215 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5215}

Rule 215. (1) A licensee or registrant shall do the following:

(a) Inform individuals working in or frequenting any portion of a restricted area of the occurrence of radiation or sources of radiation in those portions of the restricted area.

(b) Instruct workers in the following:

(i) The health protection problems associated with exposure to the sources of radiation and in precautions or procedures to minimize exposure.

(ii) The purposes and functions of protective devices employed.

(iii) Appropriate responses to warnings made in the event of any unusual occurrence or malfunction that may involve exposure to radiation or radioactive material.

(c) Instruct workers to observe, to the extent within the workers' control, the applicable rules and license or registration conditions for the protection of personnel from exposures to radiation or radioactive material.

(d) Advise workers of reports of radiation dose that they may request pursuant to Rule 216.

(e) Inform workers of their responsibility to report promptly to licensee or registrant any condition which may lead to or cause the following:

(i) A violation of department rules, licenses, or registration certificates.

(ii) Unnecessary exposure to radiation or radioactive material.

(2) The extent of instructions required by this rule shall be commensurate with potential radiological health protection problems in the restricted area.

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5216** Notifications and reports to individuals {#sec-r-325.5216 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5216}

Rule 216. (1) Radiation exposure data for an individual and the results of any measurements, analyses, and calculations of radioactive material deposited or retained in the body of an individual shall be reported to the individual as specified in this rule. The information reported shall include data and results obtained pursuant to rules or orders, or license or registration conditions, as shown in records maintained by the licensee or registrant pursuant to rules. Each notification and report shall meet the following requirements:

(a) Be in writing.

(b) Include appropriate identifying data such as the name of the licensee or registrant, the name of the individual, and the individual's social security number.

(d) Contain the following statement:

"This report is furnished to you under the provisions of Part 5 of the Michigan Department of Environmental Quality rules entitled ‘Standards for Protection Against Radiation’. You should preserve this report for future reference."

(2) At the request of any worker, employed by or associated with him or her, a licensee or registrant shall advise the worker annually of the worker's exposure to radiation or radioactive material as shown in records maintained by the licensee or registrant pursuant to Rule 245.

(3) At the request of a worker formerly engaged in work controlled by the licensee or the registrant, a licensee or registrant shall furnish to the worker a report of the worker's exposure to radiation or radioactive material. The report shall meet the following requirements:

(a) Be furnished within 30 days from the time the request is made, or within 30 days after the exposure of the individual has been determined by the licensee or registrant, whichever is later.

(b) Cover, within the period of time specified in the request, each calendar quarter in which the worker's activities involved exposure to radiation from radioactive material licensed by, or registered with, the department.

(c) Include the dates and locations of work under the license or registration certificate in which the worker participated during this period.

(4) When a licensee or registrant is required pursuant to Rule 250 to report to the department any exposure of an individual to radiation or radioactive material, the licensee or the registrant shall also provide the individual a report on his or her exposure data included therein. Reports shall be transmitted at a time not later than the transmittal to the department.

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5217** Presence of representatives of licensees or registrants and workers during investigations {#sec-r-325.5217 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5217}

Rule 217. (1) A licensee or registrant shall afford opportunity to a department representative, at all reasonable times, to inspect or investigate materials, machines, activities, facilities, premises, and records pursuant to these rules.

(2) A licensee or registrant, or his or her authorized representative, may accompany a department representative during all phases of an investigation except during consultation with workers as specified in Rule 218.

(3) If, at the time of investigation, an individual has been authorized by the workers to represent them during department investigations, the licensee or registrant shall notify the department representative of such authorization and shall give the workers' representative an opportunity to accompany the department representative during the investigation of physical working conditions.

(4) Each worker’s representative shall be routinely engaged in work under control of the licensee or registrant and shall have received instructions as specified in Rule 215.

(5) Different representatives of licensees or registrants and workers may accompany the department representative during different phases of an investigation if there is no resulting interference with the conduct of the investigation. However, only 1 workers' representative at a time may accompany the department representative.

(6) With the approval of the licensee or registrant and the worker’s representative, an individual who is not routinely engaged in work under control of the licensee or registrant, for example a consultant to the licensee or registrant or to the workers’ representative, shall be afforded the opportunity to accompany the department representative during the investigation of physical working conditions.

(7) Notwithstanding the other provisions of this rule, a department representative may refuse to permit accompaniment by any individual who deliberately interferes with a fair and orderly investigation. With regard to any area containing proprietary information, the workers' representative for that area shall be an individual previously authorized by the licensee or registrant to enter that area.

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5218** Consultation with workers during investigations {#sec-r-325.5218 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5218}

Rule 218. (1) A department representative may consult privately with workers concerning matters of occupational radiation protection and other matters related to applicable provisions of rules and licenses to the extent the department representative deems necessary for the conduct of an effective and thorough investigation.

(2) During an investigation, a worker or authorized representative may bring privately to the attention of the department representative, either orally or in writing, any past or present condition that he or she has reason to believe may have contributed to or caused the following:

(a) A violation of the act, these rules or license or registration conditions.

(b) An unnecessary exposure of an individual to radiation from radioactive material under the licensee's or registrant's control.

(3) A written notice presented pursuant to subrule (2) of this rule shall comply with requirements of Rule 219(1).

(4) The provisions of subrule (2) of this rule shall not be interpreted as authorization to disregard instructions provided pursuant to Rule 215.

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5219** Requests by workers for investigations {#sec-r-325.5219 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5219}

Rule 219. (1) A worker or representative of workers who believes that a violation of the act, these rules, or license or registration conditions exists or has occurred in work under a license or registration with regard to radiological working conditions in which the worker is engaged, may request an investigation by giving notice of the alleged violation to the department. Any notice shall be in writing, shall set forth the specific grounds for the notice, and shall be signed by the worker or representative of the workers. A copy shall be provided to the licensee or registrant by the department no later than at the time of investigation except that, upon the request of the worker giving notice, his or her name and the name of individuals referred to therein shall not appear in such copy or on any record published, released, or made available by the department, except for good cause shown.

(2) If, upon receipt of notice, the department determines that the complaint meets the requirements in subrule (1) of this rule and that there are reasonable grounds to believe that the alleged violations exists or has occurred, the department shall investigate as soon as practicable, to determine if such alleged violation exists or has occurred. An investigation pursuant to this rule need not be limited to matters referred to in the complaint.

(3) A licensee or registrant shall not discharge or in any manner discriminate against a worker because a worker has filed a complaint or instituted or caused to be instituted any proceeding under these rules or has testified, or is about to testify, in any proceeding or because of the exercise by a worker on behalf of himself or herself or others of any option afforded by this part.

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5220** Investigation not warranted; informal review {#sec-r-325.5220 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5220}

Rule 220. (1) If the department determines, with respect to a complaint under Rule 219, that an investigation is not warranted because there are no reasonable grounds to believe that a violation exists or has occurred, the complainant shall be notified in writing of such determination. The complainant may obtain review of such determination by submitting a written statement of position with the director of the department who shall provide the licensee or registrant with a copy of the statement by registered mail, excluding, at the request of the complainant, the name of the complainant. The licensee or registrant may submit an opposing written statement of position with the director of the department who will provide the complainant with a copy of the statement by registered mail. Upon the request of the complainant, the department may hold an informal conference in which the complainant and the licensee or registrant may orally present his or her views. An informal conference may also be held at the request of the licensee or registrant, but disclosure of the identity of the complainant shall be made only following receipt of written authorization from the complainant. After considering all written or oral views presented, the director of the department, or his or her designated representative, shall affirm, modify, or reverse the determination of the department and furnish the complainant and the licensee or registrant a written notification of his or her decision and the reason.

(2) If the department determines that an investigation is not warranted because the requirements of Rule 219 (1) have not been met, the department shall notify the complainant in writing of the determination. The determination shall be without prejudice to the filing of a new complaint meeting the requirements of Rule 219 (1).

(3) If the decision resulting from informal review is contested, the department shall proceed pursuant to Rule 2 (2).

PRECAUTIONARY PROCEDURES

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5221** Surveys {#sec-r-325.5221 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5221}

Rule 221. (1) As used in this rule, "survey" means a critical evaluation of a facility or area incident to the production, use, release, disposal, or presence of sources of radiation under a specific set of conditions to determine actual or potential radiation hazards. When appropriate, the evaluation includes tests, physical examination, source inventory and accountability, and measurements of levels of radiation or concentration of radioactive material present.

(2) Each licensee or registrant shall make or cause to be made surveys as may be necessary to establish compliance with these rules.

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5222** Personnel monitoring {#sec-r-325.5222 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5222}

Rule 222. (1) Each licensee or registrant shall supply appropriate personnel monitoring equipment to, shall require the use of such equipment by, and shall demonstrate compliance pursuant to this rule for the following:

(a) Each individual under such circumstances that he or she receives, or is likely to receive, a dose in any calendar quarter in excess of 25% of the quarterly occupational limit specified in Rule 205, (e.g. 300 mrems whole body).

(b) Each individual under 18 years of age under such circumstances that he or she receives, or is likely to receive, a dose in any calendar quarter in excess of 5% of the quarterly occupational limit specified in Rule 205, (e.g. 60 mrems whole body).

(d) Each individual who is likely to receive a dose in excess of 100 millirems in any 5 consecutive days while in a room or area occupied by a patient while the patient is receiving therapy from any gamma-emitting radioactive material.

(e) Each individual for whom personnel monitoring is specifically required under other parts of these rules pertaining to specific uses of sources of radiation.

(2) Monitoring devices used to estimate whole body exposure shall normally be worn on the chest or abdomen. The dosimeter assigned for monitoring the trunk of the body shall not be used for any other purposes. If monitoring of other areas of the body (e.g. lens of the eye, extremity) is required by these rules or requested by the radiation worker because of the nature of exposure, a separate dosimeter shall be assigned for this purpose. The separate dosimeter shall be designated as an auxiliary dosimeter and the radiation record shall specify the specific area monitored.

(3) If auxiliary dosimeters are assigned in accordance with subrule (2) of this rule, the specific body area shall be monitored for a minimum 13 consecutive weeks. If this monitoring results in recorded exposures in excess of 25% of the applicable specified quarterly limit in Rule 205 (e.g. 300 mrems lens of the eye, 6.25 rems hands), the auxiliary dosimeter shall be permanently assigned to monitor that area.

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5224** Caution signs, labels, and signals {#sec-r-325.5224 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5224}

Rule 224. (1) Except as otherwise authorized by the department, symbols prescribed by Rules 224 to 231 shall use the conventional radiation caution colors (magenta or purple on yellow background). The symbol prescribed is the conventional three-bladed design as follows:

RADIATION SYMBOL

1. Cross-hatched area is to be magenta or purple.

2. Background is to be yellow.

(2) In addition to the contents of signs and labels prescribed in Rules 224 to 231, a licensee or registrant may provide on or near these signs and labels any additional information which may be appropriate in aiding individuals to minimize being exposed to radiation.

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5225** Radiation area signs {#sec-r-325.5225 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5225}

Rule 225. Each radiation area shall be conspicuously posted with 1 or more signs bearing the radiation caution symbol and the following words:

CAUTION: RADIATION AREA

**History**
- *History: 1979 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5226** High radiation area signs {#sec-r-325.5226 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5226}

Rule 226. Each high radiation area shall be conspicuously posted with 1 or more signs bearing the radiation caution symbol and the following words:

CAUTION: HIGH RADIATION AREA

**History**
- *History: 1979 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5227** Controls for access to high radiation areas {#sec-r-325.5227 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5227}

Rule 227. (1) Each entrance or access point to a high radiation area shall be equipped with a control device that complies with 1 of the following:

(a) It causes that level of radiation to be reduced below that at which an individual might receive a dose of 100 millirems in 1 hour upon entry into the area.

(b) It energizes a conspicuous visible and audible alarm signal in such a manner that the individual entering the high radiation area and the licensee, registrant, or a supervisor of the activity are made aware of the entry.

(c) It is locked, except during periods when access to the area is required, with positive control over each individual entry.

(2) Controls shall be established in such a way that an individual will not be prevented from leaving a high radiation area.

(3) The controls required by subrule (1) (a) of this rule shall be constructed in such a manner that the primary radiation cannot be reactivated until all entrances have been secured, and the radiation on-off control is reset at the control panel.

(4) The controls required by subrule (1) (b) of this rule shall be constructed in such a manner that when the warning device is activated, it is necessary to shut off or secure the source of radiation and secure all tripped entrances before being able to inactivate the alarm system.

(5) In the case of a high radiation area established for a period of 30 days or less, direct surveillance to prevent unauthorized entry may be substituted for the controls required by this rule.

(6) A licensee, registrant, or applicant for a license or registration, may apply to the department for approval of methods not included in subrules (1) and (5) of this rule for controlling access to high radiation areas. The department may approve the proposed alternatives if the licensee, registrant, or applicant demonstrates that the alternative methods of control will prevent unauthorized entry into a high radiation area, and that the requirement of subrule (2) of this rule is met.

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5228** Airborne radioactivity area signs {#sec-r-325.5228 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5228}

Rule 228. (1) As used in this rule, “airborne radioactivity area” means a room, enclosure, or operating area in which airborne radioactive material exists in concentrations in excess of the amounts specified in column 1, table I of Rules 261 to 269 or a room, enclosure, or operating area in which airborne radioactive material exists in concentrations which, averaged over the number of hours in any week during which individuals are in the area, exceed 25% of the amounts specified in column 1, table I of Rules 261 to 269.

(2) Each airborne radioactivity area shall be conspicuously posted with 1 or more signs bearing the radiation caution symbol and the following words:

CAUTION

AIRBORNE RADIOACTIVITY AREA

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5229** Area and room signs {#sec-r-325.5229 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5229}

Rule 229. (1) Each area or room in which any radioactive material, other than natural uranium or thorium, is used or stored in an amount exceeding 10 times the quantity of radioactive material specified in Rule 271 shall be conspicuously posted with 1 or more signs bearing the radiation caution symbol and the following words:

CAUTION

RADIOACTIVE MATERIAL

(2) Each area or room in which natural uranium or thorium is used or stored in an amount exceeding 100 times the quantity specified in Rule 271 shall be conspicuously posted with a sign or signs bearing the radiation caution symbol and the following words:

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5230** Container labels {#sec-r-325.5230 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5230}

Rule 230. (1) Except as provided in subrule (3) of this rule each container of radioactive material shall bear a durable, clearly visible label identifying the radioactive contents.

(2) The label required shall bear the radiation caution symbol and the following words:

CAUTION

RADIOACTIVE MATERIAL

It shall also provide sufficient information (including as appropriate, radiation levels, kinds of material, estimate of activity, date for which activity is estimated, and the like) to permit individuals handling or using the containers, or working in their vicinity to take precautions to avoid or minimize being exposed.

(3) Notwithstanding subrule (1) of this rule, labeling is not required for the following:

(a) Containers that do not contain radioactive materials in quantities greater than the applicable quantities listed in Rule 271.

(b) Containers that contain only natural uranium or thorium in quantities no greater than 10 times the applicable quantities listed in Rule 271.

(c) Containers that do not contain radioactive materials in concentrations greater than the applicable concentrations listed in column 2, table I, of appendix A in Rules 261 to 269.

(d) Containers that are attended by an individual who takes the precautions necessary to prevent any individual from being exposed to radiation or radioactive materials in excess of the limits established by this part.

(e) Containers that are in transport and packaged and labeled in accordance with regulations published by the United States Department of Transportation.

(f) Containers that are accessible only to individuals authorized to handle or use them (for example, containers in locations such as water-filled canals, storage vaults, or hot cells) or to work in the vicinity thereof, if the contents are identified to such individuals by a readily available written record.

(g) Manufacturing and process equipment such as nuclear reactors, reactor components piping, and tanks.

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5231** Alternate wording for warning signs {#sec-r-325.5231 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5231}

Rule 231. The word DANGER may be used instead of CAUTION in a warning sign required by Rules 225, 226, 228, 229, and 230.

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5232** Rescinded {#sec-r-325.5232 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5232}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5233** Exemptions from posting and labeling requirements {#sec-r-325.5233 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5233}

Rule 233. Notwithstanding Rules 225 to 230, the following apply:

(a) A room or other area containing radioactive material for periods of less than 8 hours is not required to be posted with a caution sign if either of the following apply:

(i) The material is constantly attended during these periods by an individual who shall take the precautions necessary to prevent any individual from being exposed to radiation or radioactive material in excess of the limits established in this part.

(ii) The room or area is subject to the licensee's or registrant's control.

(b) A room or other area is not required to be posted with a caution sign, and control is not required for each entrance or access point to a room or other area that is a high radiation area, solely because of the presence of radioactive material prepared for transport and packaged and labeled in accordance with regulations of the United States Department of Transportation.

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5236** Storage of sources and procedures for receiving and opening of packages {#sec-r-325.5236 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5236}

Rule 236. (1) Sources of radiation shall be secured against unauthorized removal from the place of storage.

(2) A licensee shall establish and maintain procedures for safely opening packages in which licensed material is received, and the licensee shall assure that such procedures are followed and due consideration is given to special instructions for the type of package being opened.

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5237** Surface contamination {#sec-r-325.5237 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5237}

Rule 237. (1) Pursuant to Rule 221, a licensee or registrant shall conduct surveys and measurements of radioactive surface contamination of facilities, equipment, and other property that may be contaminated. With regard to radioactive surface contamination, the philosophy and goal stated in Rule 201(2) may be considered presently satisfied by following the guidance in Rule 272.

(2) A facility, installation, equipment, or other property shall not be assigned, sold, leased, or transferred to an unlicensed person unless the property has been decontaminated below the applicable limits specified in Rule 272.

(3) The guidance in Rule 272 may be modified at the discretion of the department in any specific situation involving a specific radionuclide.

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5238** Disposal of radioactive material {#sec-r-325.5238 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5238}

Rule 238. (1) A licensee shall not dispose of any radioactive material except for either of the following:

(a) By transfer to an authorized recipient as provided in Rule 123.

(b) As authorized pursuant to subrule (2) of this rule or Rule 212, 239, or 240.

(2) A person may apply to the department for approval of proposed procedures to dispose of radioactive material in a manner not otherwise authorized in this part. The application shall include a description of the radioactive material, including the quantities and kinds of radioactive material and the levels of radioactivity involved, and the proposed manner and conditions of disposal. The application, where appropriate, should also include an analysis and evaluation of pertinent information as to the nature of the environment, including topographical, geological, meteorological, and hydrological characteristics; usage of ground and surface waters in the general area; the nature and location of other potentially affected facilities; and procedures to be observed to minimize the risk of unexpected or hazardous exposures.

(3) The department shall not approve an application for a license to receive radioactive material from other persons for disposal on land not owned by a state or the federal government.

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5239** Disposal by release into sanitary sewerage systems {#sec-r-325.5239 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5239}

Rule 239. (1) A licensee shall not discharge radioactive material into a sanitary sewerage system unless all of the following conditions exist:

(a) It is readily soluble or dispersible in water.

(b) The quantity of any radioactive material released into the system by the licensee in any 1 day does not exceed the larger of the following:

(i) The quantity which, if diluted by the average daily quantity of sewage released into the sewer by the licensee, will result in an average concentration not greater than the limits specified in column 2, table I, of Rules 261 to 269.

(ii) Ten times the quantity of such material specified in Rule 271.

(c) The quantity of any radioactive material released in any 1 month, if diluted by the average monthly quantity of water released by the licensee, will not result in an average concentration exceeding the limits specified in column 2, table I, of Rules 261 to 269.

(d) The gross quantity of radioactive material released into the sewerage system by the licensee does not exceed 1 curie per year.

(2) Excreta from individuals undergoing medical diagnosis or therapy with radioactive material shall be exempt from any limitations contained in this rule.

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5240** Disposal by burial in soil or incineration {#sec-r-325.5240 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5240}

Rule 240. (1) Burial sites shall be licensed by the department upon application submitted in accordance with Rules 101 and 102. Burial shall be in a controlled area.

(2) A licensee shall not incinerate radioactive material for the purpose of disposal or preparation for disposal except as specifically approved by the department pursuant to Rules 212 and 238.

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5241** Use of safety equipment {#sec-r-325.5241 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5241}

Rule 241. (1) Requirements for safety interlocks, protective enclosures, protective clothing, precautionary labels, or any other safety equipment presumes the proper use of such equipment.

Unauthorized override of safety interlocks or other intentional misuse or non-use of required safety equipment shall be considered willful violation of these rules.

(2) The radiation supervisor shall request, in writing, from the department, authorization to override safety interlocks. The request shall include justification, precautionary procedures during override, and statement of immediate supervision by the radiation protection supervisor or his or her authorized representative. Prior approval by the department is required. Approval may be granted by written condition on the specific license or registration certificate or by telephone followed by written confirmation from the department.

RECORDS, REPORTS AND NOTIFICATION

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5245** Records of surveys, radiation monitoring, disposal, and tests {#sec-r-325.5245 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5245}

Rules 245. (1) A licensee or registrant shall maintain records showing the radiation doses of all individuals for whom personnel monitoring is required under Rule 222. Records shall be kept on department Form RH-102, in accordance with the instructions contained in that form, or on clear and legible records containing all the information required by Form RH-102. The doses entered on the forms or records shall be for periods of time not exceeding 1 calendar quarter.

(2) A licensee or registrant shall maintain records in the same units used in this part, showing the results of surveys required in Rule 221, disposals made under Rules 238 to 240, and surveys required by other parts of these rules.

(3) Records of individual exposure to radiation and to radioactive material that is maintained pursuant to subrule (1) of this rule and records of bio-assays, including results of whole body counting examinations, made pursuant to Rule 209 shall be preserved indefinitely or until the department authorizes their disposal.

(4) The discontinuance or curtailment of activities does not relieve the licensee or registrant of responsibility for retaining all records required by this rule. A licensee or registrant may, however, request the department to accept such records. The acceptance of the records by the department relieves the licensee or registrant of subsequent responsibility only in respect to its preservation as required by this rule.

(5) Records that are maintained pursuant to this part may be maintained in the form of microfilms.

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5246** Reports of theft or loss of sources of radiation {#sec-r-325.5246 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5246}

Rule 246. A licensee or registrant shall report by telephone and facsimile to the department the theft or loss of any source of radiation immediately after such occurrence becomes known to the licensee or registrant.

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5247** Notification of incidents {#sec-r-325.5247 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5247}

Rule 247. (1) A licensee or registrant shall immediately notify the department by telephone and facsimile if any incident involving any source of radiation possessed by him or her and that may have caused or threatens to cause any of the following:

(a) A dose to the whole body of any individual of 25 rems or more of radiation; a dose to the skin of the whole body of any individual of 150 rems or more of radiation; or a dose to the feet, ankles, hands, or forearms of any individual of 375 rems or more of radiation.

(b) The release of radioactive material in concentrations which, if averaged over a period of 24 hours, would exceed 5,000 times the limits specified for such materials in table II of Rules 261 to 269.

(c) A loss of 1 working week or more of the operation of any facilities affected due to contamination or other potential hazard from radioactive material.

(d) Damage to property in excess of $100,000.00.

(2) A licensee or registrant shall within 24 hours notify the department by telephone and facsimile of any incident involving any source of radiation possessed by him or her and that may have caused or threatens to cause any of the following:

(a) A dose to the whole body of any individual of 5 rems or more of radiation; a dose to the skin of the whole body of any individual of 30 rems or more of radiation; or a dose to the feet, ankles, hands or forearms of 75 rems or more of radiation.

(b) The release of radioactive material in concentrations that, if averaged over a period of 24 hours, would exceed 500 times the limits specified for such materials in table II of Rules 261 to 269.

(c) A loss of 1 day or more of the operation of any facilities affected or damage to property in excess of $1,000.00 due to contamination or other potential hazard from radioactive material.

(3) A report filed with the department pursuant to this rule shall be prepared in such a manner that names of individuals who have received exposure to radiation are stated in a separate part of the report.

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5250** Reports of overdose and excessive levels and concentrations {#sec-r-325.5250 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5250}

Rule 250. (1) In addition to any notification required by Rule 247 a licensee or registrant shall report all of the following in writing within 30 days to the department:

(a) Each radiation dose received by an individual or concentrations of radioactive material in excess of any applicable limit as set forth in this part or as otherwise approved by the department.

(b) Each incident for which notification is required by Rule 247.

(c) Levels of radiation or concentrations of radioactive material (not involving excessive exposure of any individual) in an unrestricted area in excess of 10 times any applicable limit as set forth in this part or as otherwise approved by the department.

(2) A report required in subrule (1) of this rule shall describe the extent of radiation dose received by individuals or exposure to radioactive material, including estimates of each individual’s dose as required by subrule (3) of this rule; levels of radiation and concentrations of radioactive material involved; the cause of exposure, levels, or concentrations; and corrective steps taken or planned to assure against a recurrence.

(3) A report filed with the department pursuant to subrule (1) of this rule shall include for each individual exposed the name, social security number, and date of birth, and an estimate of the individual’s dose. The report shall be prepared so that this information is stated in a separate part of the report.

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5253** Vacating premises {#sec-r-325.5253 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5253}

Rule 253. A specific licensee, not less than 20 days before vacating or relinquishing possession or control of premises that may have been contaminated with radioactive material as a result of his or her activities, shall notify the department in writing of intent to vacate. When deemed necessary by the department, the licensee shall decontaminate or have decontaminated the premises in a manner required by the department.

TRANSPORTATION

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5255** Intrastate transportation of radioactive materials {#sec-r-325.5255 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5255}

Rule 255. (1) A licensee shall not transport any radioactive material outside of the confines of his or her plant or other authorized location of use, or deliver any radioactive material to a carrier for transportation, unless the licensee complies with 10 CFR Parts 20, 71; 14 CFR Part 103; 46 CFR Part 146; and 49 CFR Parts 173-179 to the same extent as if the transportation were subject to the rules and regulations of that agency.

(2) This rule applies to both of the following:

(a) The transportation of radioactive material.

(b) The delivery of radioactive material to a carrier for transportation that is not subject to the rules and regulations of the United States Department of Transportation and other agencies of the United States.

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5256** Rescinded {#sec-r-325.5256 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5256}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5261** Appendix A1. Concentrations in air and water above natural background {#sec-r-325.5261 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5261}

Elements A and B.

Rule 261. (See notes in Rule 270.)

TABLE ITABLE II

Element (atomic number)

Radionuclide* Column 1 Air (μCi/ml)

Column 2 Water (μCi/ml)

Column 1 Air (μCi/ml)

Column 2 Water (μCi/ml)

Actinium (89) Ac-227 S2 x 10 -12 6 x 10 -5 8 x 10 -14 2 x 10 -6 I3 x 10 -11 9 x 10 -3 9 x 10 -13 3 x 10 -4 Ac-228 S8 x 10 -8 3 x 10 -3 3 x 10 -9 9 x 10 -5 I2 x 10 -8 3 x 10 -3 6 x 10 -10 9 x 10 -5 Americium (95) Am-241 S6 x 10 -12 1 x 10 -4 2 x 10 -13 4 x 10 -6 I1 x 10 -10 8 x 10 -4 4 x 10 -12 3 x 10 -5 Am-242m S6 x 10 -12 1 x 10 -4 2 x 10 -13 4 x 10 -6 I3 x 10 -10 3 x 10 -3 9 x 10 -12 9 x 10 -5 Am-242 S4 x 10 -8 4 x 10 -3 1 x 10 -9 1 x 10 -4 I5 x 10 -8 4 x 10 -3 2 x 10 -9 1 x 10 -4 Am-243 S6 x 10 -12 1 x 10 -4 2 x 10 -13 4 x 10 -6 I1 x 10 -10 8 x 10 -4 4 x 10 -12 3 x 10 -5 Am-244 S4 x 10 -6 1 x 10 -1 1 x 10 -7 5 x 10 -3 I2 x 10 -5 1 x 10 -1 8 x 10 -7 5 x 10 -3 Antimony (51) Sb-122 S2 x 10 -7 8 x 10 -4 6 x 10 -9 3 x 10 -5 I1 x 10 -7 8 x 10 -4 5 x 10 -9 3 x 10 -5 Sb-124 S2 x 10 -7 7 x 10 -4 5 x 10 -9 2 x 10 -5 I2 x 10 -8 7 x 10 -4 7 x 10 -10 2 x 10 -5 Sb-125 S5 x 10 -7 3 x 10 -3 2 x 10 -8 1 x 10 -4 I3 x 10 -8 3 x 10 -3 9 x 10 -10 1 x 10 -4 Argon (18) A-37Sub**6 x 10 -3 ----------1 x 10 -4 ---------- A-41Sub2 x 10 -6 ----------4 x 10 -8 ---------- Arsenic (33) As-73 S2 x 10 -6 1 x 10 -2 7 x 10 -8 5 x 10 -4 I4 x 10 -7 1 x 10 -2 1 x 10 -8 5 x 10 -4 As-74 S3 x 10 -7 2 x 10 -3 1 x 10 -8 5 x 10 -5 I1 x 10 -7 2 x 10 -3 4 x 10 -9 5 x 10 -5 As-76 S1 x 10 -7 6 x 10 -4 4 x 10 -9 2 x 10 -5 I1 x 10 -7 6 x 10 -4 3 x 10 -9 2 x 10 -5 As-77 S5 x 10 -7 2 x 10 -3 2 x 10 -8 8 x 10 -5 I4 x 10 -7 2 x 10 -3 1 x 10 -8 8 x 10 -5 Astatine (85) At-211 S7 x 10 -9 5 x 10 -5 2 x 10 -10 2 x 10 -6 I3 x 10 -8 2 x 10 -3 1 x 10 -9 7 x 10 -5 Barium (56) Ba-131 S1 x 10 -6 5 x 10 -3 4 x 10 -8 2 x 10 -4 I4 x 10 -7 5 x 10 -3 1 x 10 -8 2 x 10 -4 Ba-140 S1 x 10 -7 8 x 10 -4 4 x 10 -9 3 x 10 -5 I4 x 10 -8 7 x 10 -4 1 x 10 -9 2 x 10 -5 Berkelium (97) Bk-249 S9 x 10 -10 2 x 10 -2 3 x 10 -11 6 x 10 -4 I1 x 10 -7 2 x 10 -2 4 x 10 -9 6 x 10 -4 Bk-250 S1 x 10 -7 6 x 10 -3 5 x 10 -9 2 x 10 -4 I1 x 10 -6 6 x 10 -3 4 x 10 -8 2 x 10 -4 Beryllium (4) Be-7 S6 x 10 -6 5 x 10 -2 2 x 10 -7 2 x 10 -3 I1 x 10 -6 5 x 10 -2 4 x 10 -8 2 x 10 -3 Bismuth (83) Bi-206 S2 x 10 -7 1 x 10 -3 6 x 10 -9 4 x 10 -5 I1 x 10 -7 1 x 10 -3 5 x 10 -9 4 x 10 -5 Bi-207 S2 x 10 -7 2 x 10 -3 6 x 10 -9 6 x 10 -5 I1 x 10 -8 2 x 10 -3 5 x 10 -10 6 x 10 -5 Bi-210 S6 x 10 -9 1 x 10 -3 2 x 10 -10 4 x 10 -5 I6 x 10 -9 1 x 10 -3 2 x 10 -10 4 x 10 -5 Bi-212 S1 x 10 -7 1 x 10 -2 3 x 10 -9 4 x 10 -4 I2 x 10 -7 1 x 10 -2 7 x 10 -9 4 x 10 -4 Bromine (35) Br-82 S1 x 10 -6 8 x 10 -3 4 x 10 -8 3 x 10 -4 I2 x 10 -7 1 x 10 -3 6 x 10 -9 4 x 10 -5

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5262** Appendix A2. Concentrations in air and water above natural background {#sec-r-325.5262 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5262}

Elements C.

Rule 262. (See notes in Rule 270.)

TABLE ITABLE II

Element (atomic number)

Radionuclide* Column 1 Air (μCi/ml)

Column 2 Water (μCi/ml)

Column 1 Air (μCi/ml)

Column 2 Water (μCi/ml)

Cadmium (48) Cd-109 S5 x 10 -8 5 x 10 -3 2 x 10 -9 2 x 10 -4 I7 x 10 -8 5 x 10 -3 3 x 10 -9 2 x 10 -4 Cd-115mS4 x 10 -8 7 x 10 -4 1 x 10 -9 3 x 10 -5 I4 x 10 -8 7 x 10 -4 1 x 10 -9 3 x 10 -5 Cd-115 S2 x 10 -7 1 x 10 -3 8 x 10 -9 3 x 10 -5 I2 x 10 -7 1 x 10 -3 6 x 10 -9 4 x 10 -5 Calcium (20) Ca-45 S3 x 10 -8 3 x 10 -4 1 x 10 -9 9 x 10 -6 I1 x 10 -7 5 x 10 -3 4 x 10 -9 2 x 10 -4 Ca-47 S2 x 10 -7 1 x 10 -3 6 x 10 -9 5 x 10 -5 I2 x 10 -7 1 x 10 -3 6 x 10 -9 3 x 10 -5 Californium (98) Cf-249 S2 x 10 -12 1 x 10 -4 5 x 10 -14 4 x 10 -6 I1 x 10 -10 7 x 10 -4 3 x 10 -12 2 x 10 -5 Cf-250 S5 x 10 -12 4 x 10 -4 2 x 10 -13 1 x 10 -5 I1 x 10 -10 7 x 10 -4 3 x 10 -12 3 x 10 -5 Cf-251 S2 x 10 -12 1 x 10 -4 6 x 10 -14 4 x 10 -6 I1 x 10 -10 8 x 10 -4 3 x 10 -12 3 x 10 -5 Cf-252 S6 x 10 -12 2 x 10 -4 2 x 10 -13 7 x 10 -6 I3 x 10 -11 2 x 10 -4 1 x 10 -12 7 x 10 -6 Cf-253 S8 x 10 -10 4 x 10 -3 3 x 10 -11 1 x 10 -4 I8 x 10 -10 4 x 10 -3 3 x 10 -11 1 x 10 -4 Cf-254 S5 x 10 -12 4 x 10 -6 2 x 10 -13 1 x 10 -7 I5 x 10 -12 4 x 10 -6 2 x 10 -13 1 x 10 -7 Carbon (6) C-14S4 x 10 -6 2 x 10 -2 1 x 10 -7 8 x 10 -4 (CO )Sub**5 x 10 -5 ----------1 x 10 -6 ---------- Cerium (58) Ce-141S4 x 10 -7 3 x 10 -3 2 x 10 -8 9 x 10 -5 I2 x 10 -7 3 x 10 -3 5 x 10 -9 9 x 10 -5 Ce-143 S3 x 10 -7 1 x 10 -3 9 x 10 -9 4 x 10 -5 I2 x 10 -7 1 x 10 -3 7 x 10 -9 4 x 10 -5 Ce-144 S1 x 10 -8 3 x 10 -4 3 x 10 -10 1 x 10 -5 I6 x 10 -9 3 x 10 -4 2 x 10 -10 1 x 10 -5 Cesium (55) Cs-131 S1 x 10 -5 7 x 10 -2 4 x 10 -7 2 x 10 -3 I3 x 10 -6 3 x 10 -2 1 x 10 -7 9 x 10 -4 Cs-134m S4 x 10 -5 2 x 10 -1 1 x 10 -6 6 x 10 -3 I6 x 10 -6 3 x 10 -2 2 x 10 -7 1 x 10 -3 Cs-134 S4 x 10 -8 3 x 10 -4 1 x 10 -9 9 x 10 -6 I1 x 10 -8 1 x 10 -3 4 x 10 -10 4 x 10 -5 Cs-135 S5 x 10 -7 3 x 10 -3 2 x 10 -8 1 x 10 -4 I9 x 10 -8 7 x 10 -3 3 x 10 -9 2 x 10 -4 Cs-136 S4 x 10 -7 2 x 10 -3 1 x 10 -8 9 x 10 -5 I2 x 10 -7 2 x 10 -3 6 x 10 -9 6 x 10 -5 Cs-137 S6 x 10 -8 4 x 10 -4 2 x 10 -9 2 x 10 -5 I1 x 10 -8 1 x 10 -3 5 x 10 -10 4 x 10 -5 Chlorine (17) Cl-36 S4 x 10 -7 2 x 10 -3 1 x 10 -8 8 x 10 -5 I2 x 10 -8 2 x 10 -3 8 x 10 -10 6 x 10 -5 Cl-38 S3 x 10 -6 1 x 10 -2 9 x 10 -8 4 x 10 -4 I2 x 10 -6 1 x 10 -2 7 x 10 -8 4 x 10 -4 Chromium (24) Cr-51 S1 x 10 -5 5 x 10 -2 4 x 10 -7 2 x 10 -3 I2 x 10 -6 5 x 10 -2 8 x 10 -8 2 x 10 -3 Cobalt (27) Co-57 S3 x 10 -6 2 x 10 -2 1 x 10 -7 5 x 10 -4 I2 x 10 -7 1 x 10 -2 6 x 10 -9 4 x 10 -4 Co-58mS2 x 10 -5 8 x 10 -2 6 x 10 -7 3 x 10 -3 I9 x 10 -6 6 x 10 -2 3 x 10 -7 2 x 10 -3 Co-58 S8 x 10 -7 4 x 10 -3 3 x 10 -8 1 x 10 -4 I5 x 10 -8 3 x 10 -3 2 x 10 -9 9 x 10 -5 Co-60 S3 x 10 -7 1 x 10 -3 1 x 10 -8 5 x 10 -5 I9 x 10 -9 1 x 10 -3 3 x 10 -10 3 x 10 -5 Copper (29) Cu-64 S2 x 10 -6 1 x 10 -2 7 x 10 -8 3 x 10 -4 I1 x 10 -6 6 x 10 -3 4 x 10 -8 2 x 10 -4 Curium (96) Cm-242 S1 x 10 -10 7 x 10 -4 4 x 10 -12 2 x 10 -5 I2 x 10 -10 7 x 10 -4 6 x 10 -12 2 x 10 -5 Cm-243 S6 x 10 -12 1 x 10 -4 2 x 10 -13 5 x 10 -6 I1 x 10 -10 7 x 10 -4 3 x 10 -12 2 x 10 -5 Cm-244 S9 x 10 -12 2 x 10 -4 3 x 10 -13 7 x 10 -6 I1 x 10 -10 8 x 10 -4 3 x 10 -12 3 x 10 -5 Cm-245 S5 x 10 -12 1 x 10 -4 2 x 10 -13 4 x 10 -6 I1 x 10 -10 8 x 10 -4 4 x 10 -12 3 x 10 -5 Cm-246 S5 x 10 -12 1 x 10 -4 2 x 10 -13 4 x 10 -6 I1 x 10 -10 8 x 10 -4 4 x 10 -12 3 x 10 -5 Cm-247 S5 x 10 -12 1 x 10 -4 2 x 10 -13 4 x 10 -6 I 1 x 10 -10 6 x 10 -4 4 x 10 -12 2 x 10 -5 Cm-248 S 6 x 10 -13 1 x 10 -5 2 x 10 -14 4 x 10 -7 I1 x 10 -11 4 x 10 -5 4 x 10 -13 1 x 10 -6 Cm-249 S1 x 10 -5 6 x 10 -2 4 x 10 -7 2 x 10 -3 I1 x 10 -5 6 x 10 -2 4 x 10 -7 2 x 10 -3

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5263** Appendix A3. Concentrations in air and water above natural background {#sec-r-325.5263 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5263}

Elements D to H.

Rules 263. (See notes in Rule 270.)

TABLE ITABLE II

Element (atomic number)

Radionuclide* Column 1 Air (μCi/ml)

Column 2 Water (μCi/ml)

Column 1 Air (μCi/ml)

Column 2 Water (μCi/ml)

Dysprosium (66) Dy-165 S3 x 10 -6 1 x 10 -2 9 x 10 -8 4 x 10 -4 I2 x 10 -6 1 x 10 -2 7 x 10 -8 4 x 10 -4 Dy-166 S2 x 10 -7 1 x 10 -3 8 x 10 -9 4 x 10 -5 I2 x 10 -7 1 x 10 -3 7 x 10 -9 4 x 10 -5 Einsteinium (99) Es-253 S8 x 10 -10 7 x 10 -4 3 x 10 -11 2 x 10 -5 I6 x 10 -10 7 x 10 -4 2 x 10 -11 2 x 10 -5 Es-254m S 5 x 10 -9 5 x 10 -4 2 x 10 -10 2 x 10 -5 I 6 x 10 -9 5 x 10 -4 2 x 10 -10 2 x 10 -5 Es-254 S 2 x 10 -11 4 x 10 -4 6 x 10 -13 1 x 10 -5 I 1 x 10 -10 4 x 10 -4 4 x 10 -12 1 x 10 -5 Es-255 S 5 x 10 -10 8 x 10 -4 2 x 10 -11 3 x 10 -5 I 4 x 10 -10 8 x 10 -4 1 x 10 -11 3 x 10 -5 Erbium (68) Er-169 S 6 x 10 -7 3 x 10 -3 2 x 10 -8 9 x 10 -5 I 4 x 10 -7 3 x 10 -3 1 x 10 -8 9 x 10 -5 Er-171 S 7 x 10 -7 3 x 10 -3 2 x 10 -8 1 x 10 -4 I 6 x 10 -7 3 x 10 -3 2 x 10 -8 1 x 10 -4 Europium (63) Eu-152 (T 1/2 =9.2 hrs)

S 4 x 10 -7 2 x 10 -3 1 x 10 -8 6 x 10 -5 I 3 x 10 -7 2 x 10 -3 1 x 10 -8 6 x 10 -5 Eu-152 (T 1/2 =13 yrs)

S 1 x 10 -8 2 x 10 -3 4 x 10 -10 8 x 10 -5 I 2 x 10 -8 2 x 10 -3 6 x 10 -10 8 x 10 -5 Eu-154 S 4 x 10 -9 6 x 10 -4 1 x 10 -10 2 x 10 -5 I 7 x 10 -9 6 x 10 -4 2 x 10 -10 2 x 10 -5 Eu-155 S 9 x 10 -8 6 x 10 -3 3 x 10 -9 2 x 10 -4 I 7 x 10 -8 6 x 10 -3 3 x 10 -9 2 x 10 -4 Fermium (100) Fm-254 S 6 x 10 -8 4 x 10 -3 2 x 10 -9 1 x 10 -4 I 7 x 10 -8 4 x 10 -3 2 x 10 -9 1 x 10 -4 Fm-255 S 2 x 10 -8 1 x 10 -3 6 x 10 -10 3 x 10 -5 I 1 x 10 -8 1 x 10 -3 4 x 10 -10 3 x 10 -5 Fm-256 S 3 x 10 -9 3 x 10 -5 1 x 10 -10 9 x 10 -7 I 2 x 10 -9 3 x 10 -5 6 x 10 -11 9 x 10 -7 Fluorine (9) F-18 S 5 x 10 -6 2 x 10 -2 2 x 10 -7 8 x 10 -4 I 3 x 10 -6 1 x 10 -2 9 x 10 -8 5 x 10 -4 Gadolinium (64) Gd-153 S 2 x 10 -7 6 x 10 -3 8 x 10 -9 2 x 10 -4 I 9 x 10 -8 6 x 10 -3 3 x 10 -9 2 x 10 -4 Gd-159 S 5 x 10 -7 2 x 10 -3 2 x 10 -8 8 x 10 -5 I 4 x 10 -7 2 x 10 -3 1 x 10 -8 8 x 10 -5 Gallium (31) Ga-72 S 2 x 10 -7 1 x 10 -3 8 x 10 -9 4 x 10 -5 I 2 x 10 -7 1 x 10 -3 6 x 10 -9 4 x 10 -5 Germanium (32) Ge-71 S 1 x 10 -5 5 x 10 -2 4 x 10 -7 2 x 10 -3 I 6 x 10 -6 5 x 10 -2 2 x 10 -7 2 x 10 -3 Gold (79) Au-196 S 1 x 10 -6 5 x 10 -3 4 x 10 -8 2 x 10 -4 I 6 x 10 -7 4 x 10 -3 2 x 10 -8 1 x 10 -4 Au-198 S 3 x 10 -7 2 x 10 -3 1 x 10 -8 5 x 10 -5 I 2 x 10 -7 1 x 10 -3 8 x 10 -9 5 x 10 -5 Au-199 S 1 x 10 -6 5 x 10 -3 4 x 10 -8 2 x 10 -4 I 8 x 10 -7 4 x 10 -3 3 x 10 -8 2 x 10 -4 Hafnium (72) Hf-181 S 4 x 10 -8 2 x 10 -3 1 x 10 -9 7 x 10 -5 I 7 x 10 -8 2 x 10 -3 3 x 10 -9 7 x 10 -5 Holmium (67) Ho-166 S 2 x 10 -7 9 x 10 -4 7 x 10 -9 3 x 10 -5 I 2 x 10 -7 9 x 10 -4 6 x 10 -9 3 x 10 -5 Hydrogen (1) H-3 S 5 x 10 -6 1 x 10 -1 2 x 10 -7 3 x 10 -3 I5 x 10 -6 1 x 10 -1 2 x 10 -7 3 x 10 -3 Sub**2 x 10 -3 ----------4 x 10 -5 ----------

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5264** Appendix A4. Concentrations in air and water above natural background {#sec-r-325.5264 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5264}

Elements I to L.

Rule 264. (See notes in Rule 270.)

TABLE ITABLE II

Element (atomic number)

Radionuclide* Column 1 Air (μCi/ml)

Column 2 Water (μCi/ml)

Column 1 Air (μCi/ml)

Column 2 Water (μCi/ml)

Indium (49) In-113m S8 x 10 -6 4 x 10 -2 3 x 10 -7 1 x 10 -3 I7 x 10 -6 4 x 10 -2 2 x 10 -7 1 x 10 -3 In-114m S1 x 10 -7 5 x 10 -4 4 x 10 -9 2 x 10 -5 I2 x 10 -8 5 x 10 -4 7 x 10 -10 2 x 10 -5 In-115m S2 x 10 -6 1 x 10 -2 8 x 10 -8 4 x 10 -4 I2 x 10 -6 1 x 10 -2 6 x 10 -8 4 x 10 -4 In-115 S2 x 10 -7 3 x 10 -3 9 x 10 -9 9 x 10 -5 I3 x 10 -8 3 x 10 -3 1 x 10 -9 9 x 10 -5 Iodine (53) I-125 S5 x 10 -9 4 x 10 -5 8 x 10 -11 2 x 10 -7 I2 x 10 -7 6 x 10 -3 6 x 10 -9 2 x 10 -4 I-126 S8 x 10 -9 5 x 10 -5 9 x 10 -11 3 x 10 -7 I3 x 10 -7 3 x 10 -3 1 x 10 -8 9 x 10 -5 I-129 S2 x 10 -9 1 x 10 -5 2 x 10 -11 6 x 10 -8 I7 x 10 -8 6 x 10 -3 2 x 10 -9 2 x 10 -4 I-131 S9 x 10 -9 6 x 10 -5 1 x 10 -10 3 x 10 -7 I3 x 10 -7 2 x 10 -3 1 x 10 -8 6 x 10 -5 I-132 S2 x 10 -7 2 x 10 -3 3 x 10 -9 8 x 10 -6 I9 x 10 -7 5 x 10 -3 3 x 10 -8 2 x 10 -4 I-133 S3 x 10 -8 2 x 10 -4 4 x 10 -10 1 x 10 -6 I2 x 10 -7 1 x 10 -3 7 x 10 -9 4 x 10 -5 I-134 S5 x 10 -7 4 x 10 -3 6 x 10 -9 2 x 10 -5 I3 x 10 -6 2 x 10 -2 1 x 10 -7 6 x 10 -4 I-135 S1 x 10 -7 7 x 10 -4 1 x 10 -9 4 x 10 -6 I4 x 10 -7 2 x 10 -3 1 x 10 -8 7 x 10 -5 Iridium (77) Ir-190 S1 x 10 -6 6 x 10 -3 4 x 10 -8 2 x 10 -4 I4 x 10 -7 5 x 10 -3 1 x 10 -8 2 x 10 -4 Ir-192 S1 x 10 -7 1 x 10 -3 4 x 10 -9 4 x 10 -5 I3 x 10 -8 1 x 10 -3 9 x 10 -10 4 x 10 -5 Ir-194 S2 x 10 -7 1 x 10 -3 8 x 10 -9 3 x 10 -5 I2 x 10 -7 9 x 10 -4 5 x 10 -9 3 x 10 -5 Iron (26) Fe-55 S9 x 10 -7 2 x 10 -2 3 x 10 -8 8 x 10 -4 I1 x 10 -6 7 x 10 -2 3 x 10 -8 2 x 10 -3 Fe-59 S1 x 10 -7 2 x 10 -3 5 x 10 -9 6 x 10 -5 I5 x 10 -8 2 x 10 -3 2 x 10 -9 5 x 10 -5 Krypton (36) Kr-85mSub**6 x 10 -6 ----------1 x 10 -7 ---------- Kr-85Sub**1 x 10 -5 ----------3 x 10 -7 ---------- Kr-87Sub**1 x 10 -6 ----------2 x 10 -8 ---------- Kr-88Sub**1 x 10 -6 ----------2 x 10 -8 ---------- Lanthanum (57) La-140 S2 x 10 -7 7 x 10 -4 5 x 10 -9 2 x 10 -5 I1 x 10 -7 7 x 10 -4 4 x 10 -9 2 x 10 -5 Lead (82)Pb-203S3 x 10 -6 1 x 10 -2 9 x 10 -8 4 x 10 -4 I2 x 10 -6 1 x 10 -2 6 x 10 -8 4 x 10 -4 Pb-210 S1 x 10 -10 4 x 10 -6 4 x 10 -12 1 x 10 -7 I2 x 10 -10 5 x 10 -3 8 x 10 -12 2 x 10 -4 Pb-212 S2 x 10 -8 6 x 10 -4 6 x 10 -10 2 x 10 -5 I2 x 10 -8 5 x 10 -4 7 x 10 -10 2 x 10 -5 Lutetium (71) Lu-177 S6 x 10 -7 3 x 10 -3 2 x 10 -8 1 x 10 -4 I5 x 10 -7 3 x 10 -3 2 x 10 -8 1 x 10 -4

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5265** Appendix A5. Concentrations in air and water above natural background {#sec-r-325.5265 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5265}

Elements M to O.

Rule 265. (See notes in Rule 270.)

TABLE ITABLE II

Element (atomic number)

Radionuclide* Column 1 Air (μCi/ml)

Column 2 Water (μCi/ml)

Column 1 Air (μCi/ml)

Column 2 Water (μCi/ml)

Manganese (25) Mn-52 S2 x 10 -7 1 x 10 -3 7 x 10 -9 3 x 10 -5 I1 x 10 -7 9 x 10 -4 5 x 10 -9 3 x 10 -5 Mn-54 S4 x 10 -7 4 x 10 -3 1 x 10 -8 1 x 10 -4 I4 x 10 -8 3 x 10 -3 1 x 10 -9 1 x 10 -4 Mn-56 S8 x 10 -7 4 x 10 -3 3 x 10 -8 1 x 10 -4 I5 x 10 -7 3 x 10 -3 2 x 10 -8 1 x 10 -4 Mercury (80) Hg-197m S7 x 10 -7 6 x 10 -3 3 x 10 -8 2 x 10 -4 I8 x 10 -7 5 x 10 -3 3 x 10 -8 2 x 10 -4 Hg-197 S1 x 10 -6 9 x 10 -3 4 x 10 -8 3 x 10 -4 I3 x 10 -6 1 x 10 -2 9 x 10 -8 5 x 10 -4 Hg-203 S7 x 10 -8 5 x 10 -4 2 x 10 -9 2 x 10 -5 I1 x 10 -7 3 x 10 -3 4 x 10 -9 1 x 10 -4 Molybdenum (42) Mo-99 S7 x 10 -7 5 x 10 -3 3 x 10 -8 2 x 10 -4 I2 x 10 -7 1 x 10 -3 7 x 10 -9 4 x 10 -5 Neodymium (60) Nd-144 S8 x 10 -11 2 x 10 -3 3 x 10 -12 7 x 10 -5 I3 x 10 -10 2 x 10 -3 1 x 10 -11 8 x 10 -5 Nd-147 S4 x 10 -7 2 x 10 -3 1 x 10 -8 6 x 10 -5 I2 x 10 -7 2 x 10 -3 8 x 10 -9 6 x 10 -5 Nd-149 S2 x 10 -6 8 x 10 -3 6 x 10 -8 3 x 10 -4 I1 x 10 -6 8 x 10 -3 5 x 10 -8 3 x 10 -4 Neptunium (93) Np-237 S4 x 10 -12 9 x 10 -5 1 x 10 -13 3 x 10 -6 I1 x 10 -10 9 x 10 -4 4 x 10 -12 3 x 10 -5 Np-239 S8 x 10 -7 4 x 10 -3 3 x 10 -8 1 x 10 -4 I7 x 10 -7 4 x 10 -3 2 x 10 -8 1 x 10 -4 Nickel (28) Ni-59 S5 x 10 -7 6 x 10 -3 2 x 10 -8 2 x 10 -4 I8 x 10 -7 6 x 10 -2 3 x 10 -8 2 x 10 -3 Ni-63 S6 x 10 -8 8 x 10 -4 2 x 10 -9 3 x 10 -5 I3 x 10 -7 2 x 10 -2 1 x 10 -8 7 x 10 -4 Ni-65 S9 x 10 -7 4 x 10 -3 3 x 10 -8 1 x 10 -4 I5 x 10 -7 3 x 10 -3 2 x 10 -8 1 x 10 -4 Niobium (41) Nb-93m S1 x 10 -7 1 x 10 -2 4 x 10 -9 4 x 10 -4 I2 x 10 -7 1 x 10 -2 5 x 10 -9 4 x 10 -4 Nb-95 S5 x 10 -7 3 x 10 -3 2 x 10 -8 1 x 10 -4 I1 x 10 -7 3 x 10 -3 3 x 10 -9 1 x 10 -4 Nb-97 S6 x 10 -6 3 x 10 -2 2 x 10 -7 9 x 10 -4 I5 x 10 -6 3 x 10 -2 2 x 10 -7 9 x 10 -4 Osmium (76) Os-185 S5 x 10 -7 2 x 10 -3 2 x 10 -8 7 x 10 -5 I5 x 10 -8 2 x 10 -3 2 x 10 -9 7 x 10 -5 Os-191m S2 x 10 -5 7 x 10 -2 6 x 10 -7 3 x 10 -3 I9 x 10 -6 7 x 10 -2 3 x 10 -7 2 x 10 -3 Os-191 S1 x 10 -6 5 x 10 -3 4 x 10 -8 2 x 10 -4 I4 x 10 -7 5 x 10 -3 1 x 10 -8 2 x 10 -4 Os-193 S4 x 10 -7 2 x 10 -3 1 x 10 -8 6 x 10 -5 I3 x 10 -7 2 x 10 -3 9 x 10 -9 5 x 10 -5

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5266** Appendix A6. Concentrations in air and water above natural background {#sec-r-325.5266 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5266}

Elements P.

Rule 266. (See notes in Rule 270.)

TABLE ITABLE II

Element (atomic number)

Radionuclide* Column 1 Air (μCi/ml)

Column 2 Water (μCi/ml)

Column 1 Air (μCi/ml)

Column 2 Water (μCi/ml)

Palladium (46) Pd-103 S1 x 10 -6 1 x 10 -2 5 x 10 -8 3 x 10 -4 I7 x 10 -7 8 x 10 -3 3 x 10 -8 3 x 10 -4 Pd-109 S6 x 10 -7 3 x 10 -3 2 x 10 -8 9 x 10 -5 I4 x 10 -7 2 x 10 -3 1 x 10 -8 7 x 10 -5 Phosphorus (15) P-32 S7 x 10 -8 5 x 10 -4 2 x 10 -9 2 x 10 -5 I8 x 10 -8 7 x 10 -4 3 x 10 -9 2 x 10 -5 Platinum (78) Pt-191 S8 x 10 -7 4 x 10 -3 3 x 10 -8 1 x 10 -4 I6 x 10 -7 3 x 10 -3 2 x 10 -8 1 x 10 -4 Pt-193m S7 x 10 -6 3 x 10 -2 2 x 10 -7 1 x 10 -3 I5 x 10 -6 3 x 10 -2 2 x 10 -7 1 x 10 -3 Pt-193 S1 x 10 -6 3 x 10 -2 4 x 10 -8 9 x 10 -4 I3 x 10 -7 5 x 10 -2 1 x 10 -8 2 x 10 -3 Pt-197m S6 x 10 -6 3 x 10 -2 2 x 10 -7 1 x 10 -3 I5 x 10 -6 3 x 10 -2 2 x 10 -7 9 x 10 -4 Pt-197 S8 x 10 -7 4 x 10 -3 3 x 10 -8 1 x 10 -4 I6 x 10 -7 3 x 10 -3 2 x 10 -8 1 x 10 -4 Plutonium (94) Pu-238 S2 x 10 -12 1 x 10 -4 7 x 10 -14 5 x 10 -6 I3 x 10 -11 8 x 10 -4 1 x 10 -12 3 x 10 -5 Pu-239 S2 x 10 -12 1 x 10 -4 6 x 10 -14 5 x 10 -6 I4 x 10 -11 8 x 10 -4 1 x 10 -12 3 x 10 -5 Pu-240 S2 x 10 -12 1 x 10 -4 6 x 10 -14 5 x 10 -6 I4 x 10 -11 8 x 10 -4 1 x 10 -12 3 x 10 -5 Pu-241 S9 x 10 -11 7 x 10 -3 3 x 10 -12 2 x 10 -4 I4 x 10 -8 4 x 10 -2 1 x 10 -9 1 x 10 -3 Pu-242 S2 x 10 -12 1 x 10 -4 6 x 10 -14 5 x 10 -6 I4 x 10 -11 9 x 10 -4 1 x 10 -12 3 x 10 -5 Pu-243 S2 x 10 -6 1 x 10 -2 6 x 10 -8 3 x 10 -4 I2 x 10 -6 1 x 10 -2 8 x 10 -8 3 x 10 -4 Pu-244 S2 x 10 -12 1 x 10 -4 6 x 10 -14 4 x 10 -6 I3 x 10 -11 3 x 10 -4 1 x 10 -12 1 x 10 -5 Polonium (84) Po-210 S5 x 10 -10 2 x 10 -5 2 x 10 -11 7 x 10 -7 I2 x 10 -10 8 x 10 -4 7 x 10 -12 3 x 10 -5 Potassium (19) K-42 S2 x 10 -6 9 x 10 -3 7 x 10 -8 3 x 10 -4 I1 x 10 -7 6 x 10 -4 4 x 10 -9 2 x 10 -5 Praseodymium (59) Pr-142 S2 x 10 -7 9 x 10 -4 7 x 10 -9 3 x 10 -5 I2 x 10 -7 9 x 10 -4 5 x 10 -9 3 x 10 -5 Pr-143 S3 x 10 -7 1 x 10 -3 1 x 10 -8 5 x 10 -5 I2 x 10 -7 1 x 10 -3 6 x 10 -9 5 x 10 -5 Promethium (61) Pm-147 S6 x 10 -8 6 x 10 -3 2 x 10 -9 2 x 10 -4 I1 x 10 -7 6 x 10 -3 3 x 10 -9 2 x 10 -4 Pm-149 S3 x 10 -7 1 x 10 -3 1 x 10 -8 4 x 10 -5 I2 x 10 -7 1 x 10 -3 8 x 10 -9 4 x 10 -5 Protactinium (91) Pa-230 S2 x 10 -9 7 x 10 -3 6 x 10 -11 2 x 10 -4 I8 x 10 -10 7 x 10 -3 3 x 10 -11 2 x 10 -4 Pa-231 S1 x 10 -12 3 x 10 -5 4 x 10 -14 9 x 10 -7 I1 x 10 -10 8 x 10 -4 4 x 10 -12 2 x 10 -5 Pa-233 S6 x 10 -7 4 x 10 -3 2 x 10 -8 1 x 10 -4 I2 x 10 -7 3 x 10 -3 6 x 10 -9 1 x 10 -4

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5267** Appendix A7. Concentrations in air and water above natural background {#sec-r-325.5267 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5267}

Elements R and S.

Rule 267. (See notes in Rule 270.)

TABLE ITABLE II

Element (atomic number)

Radionuclide* Column 1 Air (μCi/ml)

Column 2 Water (μCi/ml)

Column 1 Air (μCi/ml)

Column 2 Water (μCi/ml)

Radium (88) Ra-223 S2 x 10 -9 2 x 10 -5 6 x 10 -11 7 x 10 -7 I2 x 10 -10 1 x 10 -4 8 x 10 -12 4 x 10 -6 Ra-224 S5 x 10 -9 7 x 10 -5 2 x 10 -10 2 x 10 -6 I7 x 10 -10 2 x 10 -4 2 x 10 -11 5 x 10 -6 Ra-226 S3 x 10 -11 4 x 10 -7 3 x 10 -12 3 x 10 -8 I5 x 10 -11 9 x 10 -4 2 x 10 -12 3 x 10 -5 Ra-228 S7 x 10 -11 8 x 10 -7 2 x 10 -12 3 x 10 -8 I4 x 10 -11 7 x 10 -4 1 x 10 -12 3 x 10 -5 Radon (86) Rn-220 S3 x 10 -7 ----------1 x 10 -8 ---------- I---------------------------------------- Rn-222***S1 x 10 -7 ----------3 x 10 -9 ---------- Rhenium (75) Re-183 S3 x 10 -6 2 x 10 -2 9 x 10 -8 6 x 10 -4 I2 x 10 -7 8 x 10 -3 5 x 10 -9 3 x 10 -4 Re-186 S6 x 10 -7 3 x 10 -3 2 x 10 -8 9 x 10 -5 I2 x 10 -7 1 x 10 -3 8 x 10 -9 5 x 10 -5 Re-187 S9 x 10 -6 7 x 10 -2 3 x 10 -7 3 x 10 -3 I5 x 10 -7 4 x 10 -2 2 x 10 -8 2 x 10 -3 Re-188 S4 x 10 -7 2 x 10 -3 1 x 10 -8 6 x 10 -5 I2 x 10 -7 9 x 10 -4 6 x 10 -9 3 x 10 -5 Rhodium (45) Rh-103m S8 x 10 -5 4 x 10 -1 3 x 10 -6 1 x 10 -2 I6 x 10 -5 3 x 10 -1 2 x 10 -6 1 x 10 -2 Rh-105 S8 x 10 -7 4 x 10 -3 3 x 10 -8 1 x 10 -4 I5 x 10 -7 3 x 10 -3 2 x 10 -8 1 x 10 -4 Rubidium (37) Rb-86 S3 x 10 -7 2 x 10 -3 1 x 10 -8 7 x 10 -5 I7 x 10 -8 7 x 10 -4 2 x 10 -9 2 x 10 -5 Rb-87 S5 x 10 -7 3 x 10 -3 2 x 10 -8 1 x 10 -4 I7 x 10 -8 5 x 10 -3 2 x 10 -9 2 x 10 -4 Ruthenium (44) Ru-97 S2 x 10 -6 1 x 10 -2 8 x 10 -8 4 x 10 -4 I2 x 10 -6 1 x 10 -2 6 x 10 -8 3 x 10 -4 Ru-103 S5 x 10 -7 2 x 10 -3 2 x 10 -8 8 x 10 -5 I8 x 10 -8 2 x 10 -3 3 x 10 -9 8 x 10 -5 Ru-105 S7 x 10 -7 3 x 10 -3 2 x 10 -8 1 x 10 -4 I5 x 10 -7 3 x 10 -3 2 x 10 -8 1 x 10 -4 Ru-106 S8 x 10 -8 4 x 10 -4 3 x 10 -9 1 x 10 -5 I6 x 10 -9 3 x 10 -4 2 x 10 -10 1 x 10 -5 Samarium (62) Sm-147 S7 x 10 -11 2 x 10 -3 2 x 10 -12 6 x 10 -5 I3 x 10 -10 2 x 10 -3 9 x 10 -12 7 x 10 -5 Sm-151 S6 x 10 -8 1 x 10 -2 2 x 10 -9 4 x 10 -4 I1 x 10 -7 1 x 10 -2 5 x 10 -9 4 x 10 -4 Sm-153 S5 x 10 -7 2 x 10 -3 2 x 10 -8 8 x 10 -5 I4 x 10 -7 2 x 10 -3 1 x 10 -8 8 x 10 -5 Scandium (21) Sc-46 S2 x 10 -7 1 x 10 -3 8 x 10 -9 4 x 10 -5 I2 x 10 -8 1 x 10 -3 8 x 10 -10 4 x 10 -5 Sc-47 S6 x 10 -7 3 x 10 -3 2 x 10 -8 9 x 10 -5 I5 x 10 -7 3 x 10 -3 2 x 10 -8 9 x 10 -5 Sc-48 S2 x 10 -7 8 x 10 -4 6 x 10 -9 3 x 10 -5 I1 x 10 -7 8 x 10 -4 5 x 10 -9 3 x 10 -5 Selenium (34) Se-75 S1 x 10 -6 9 x 10 -3 4 x 10 -8 3 x 10 -4 I1 x 10 -7 8 x 10 -3 4 x 10 -9 3 x 10 -4 Silicon (14) Si-31 S6 x 10 -6 3 x 10 -2 2 x 10 -7 9 x 10 -4 I1 x 10 -6 6 x 10 -3 3 x 10 -8 2 x 10 -4 Silver (47) Ag-105 S6 x 10 -7 3 x 10 -3 2 x 10 -8 1 x 10 -4 I8 x 10 -8 3 x 10 -3 3 x 10 -9 1 x 10 -4 Ag-110m S2 x 10 -7 9 x 10 -4 7 x 10 -9 3 x 10 -5 I1 x 10 -8 9 x 10 -4 3 x 10 -10 3 x 10 -5 Ag-111 S3 x 10 -7 1 x 10 -3 1 x 10 -8 4 x 10 -5 I2 x 10 -7 1 x 10 -3 8 x 10 -9 4 x 10 -5 Sodium (11) Na-22 S2 x 10 -7 1 x 10 -3 6 x 10 -9 4 x 10 -5 I9 x 10 -9 9 x 10 -4 3 x 10 -10 3 x 10 -5 Na-24S1 x 10 -6 6 x 10 -3 4 x 10 -8 2 x 10 -4 I1 x 10 -7 8 x 10 -4 5 x 10 -9 3 x 10 -5 Strontium (38) Sr-85m S4 x 10 -5 2 x 10 -1 1 x 10 -6 7 x 10 -3 I3 x 10 -5 2 x 10 -1 1 x 10 -6 7 x 10 -3 Sr-85 S2 x 10 -7 3 x 10 -3 8 x 10 -9 1 x 10 -4 I1 x 10 -7 5 x 10 -3 4 x 10 -9 2 x 10 -4 Sr-89 S3 x 10 -8 3 x 10 -4 3 x 10 -10 3 x 10 -6 I4 x 10 -8 8 x 10 -4 1 x 10 -9 3 x 10 -5 Sr-90 S1 x 10 -9 1 x 10 -5 3 x 10 -11 3 x 10 -7 I5 x 10 -9 1 x 10 -3 2 x 10 -10 4 x 10 -5 Sr-91 S4 x 10 -7 2 x 10 -3 2 x 10 -8 7 x 10 -5 I3 x 10 -7 1 x 10 -3 9 x 10 -9 5 x 10 -5 Sr-92 S4 x 10 -7 2 x 10 -3 2 x 10 -8 7 x 10 -5 I3 x 10 -7 2 x 10 -3 1 x 10 -8 6 x 10 -5 Sulfur (16) S-35 S3 x 10 -7 2 x 10 -3 9 x 10 -9 6 x 10 -5 I3 x 10 -7 8 x 10 -3 9 x 10 -9 3 x 10 -4

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5268** Appendix A8. Concentrations in air and water above natural background {#sec-r-325.5268 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5268}

Elements T.

Rule 268. (See notes in Rule 270.)

TABLE ITABLE II

Element (atomic number)

Radionuclide* Column 1 Air (μCi/ml)

Column 2 Water (μCi/ml)

Column 1 Air (μCi/ml)

Column 2 Water (μCi/ml)

Tantalum (73) Ta-182 S4 x 10 -8 1 x 10 -3 1 x 10 -9 4 x 10 -5 I2 x 10 -8 1 x 10 -3 7 x 10 -10 4 x 10 -5 Technetium (43) Tc-96m S8 x 10 -5 4 x 10 -1 3 x 10 -6 1 x 10 -2 I3 x 10 -5 3 x 10 -1 1 x 10 -6 1 x 10 -2 Tc-96 S6 x 10 -7 3 x 10 -3 2 x 10 -8 1 x 10 -4 I2 x 10 -7 1 x 10 -3 8 x 10 -9 5 x 10 -5 Tc-97m S2 x 10 -6 1 x 10 -2 8 x 10 -8 4 x 10 -4 I2 x 10 -7 5 x 10 -3 5 x 10 -9 2 x 10 -4 Tc-97 S1 x 10 -5 5 x 10 -2 4 x 10 -7 2 x 10 -3 I3 x 10 -7 2 x 10 -2 1 x 10 -8 8 x 10 -4 Tc-99m S4 x 10 -5 2 x 10 -1 1 x 10 -6 6 x 10 -3 I1 x 10 -5 8 x 10 -2 5 x 10 -7 3 x 10 -3 Tc-99 S2 x 10 -6 1 x 10 -2 7 x 10 -8 3 x 10 -4 I6 x 10 -8 5 x 10 -3 2 x 10 -9 2 x 10 -4 Tellurium (52) Te-125m S4 x 10 -7 5 x 10 -3 1 x 10 -8 2 x 10 -4 I1 x 10 -7 3 x 10 -3 4 x 10 -9 1 x 10 -4 Te-127m S1 x 10 -7 2 x 10 -3 5 x 10 -9 6 x 10 -5 I4 x 10 -8 2 x 10 -3 1 x 10 -9 5 x 10 -5 Te-127 S2 x 10 -6 8 x 10 -3 6 x 10 -8 3 x 10 -4 I9 x 10 -7 5 x 10 -3 3 x 10 -8 2 x 10 -4 Te-129m S8 x 10 -8 1 x 10 -3 3 x 10 -9 3 x 10 -5 I3 x 10 -8 6 x 10 -4 1 x 10 -9 2 x 10 -5 Te-129 S5 x 10 -6 2 x 10 -2 2 x 10 -7 8 x 10 -4 I4 x 10 -6 2 x 10 -2 1 x 10 -7 8 x 10 -4 Te-131m S4 x 10 -7 2 x 10 -3 1 x 10 -8 6 x 10 -5 I2 x 10 -7 1 x 10 -3 6 x 10 -9 4 x 10 -5 Te-132 S2 x 10 -7 9 x 10 -4 7 x 10 -9 3 x 10 -5 I1 x 10 -7 6 x 10 -4 4 x 10 -9 2 x 10 -5 Terbium (65) Tb-160 S1 x 10 -7 1 x 10 -3 3 x 10 -9 4 x 10 -5 I3 x 10 -8 1 x 10 -3 1 x 10 -9 4 x 10 -5 Thallium (81) Tl-200 S3 x 10 -6 1 x 10 -2 9 x 10 -8 4 x 10 -4 I1 x 10 -6 7 x 10 -3 4 x 10 -8 2 x 10 -4 Tl-201 S2 x 10 -6 9 x 10 -3 7 x 10 -8 3 x 10 -4 I9 x 10 -7 5 x 10 -3 3 x 10 -8 2 x 10 -4 Tl-202 S8 x 10 -7 4 x 10 -3 3 x 10 -8 1 x 10 -4 I2 x 10 -7 2 x 10 -3 8 x 10 -9 7 x 10 -5 Tl-204 S6 x 10 -7 3 x 10 -3 2 x 10 -8 1 x 10 -4 I3 x 10 -8 2 x 10 -3 9 x 10 -10 6 x 10 -5 Thorium (90) Th-227 S3 x 10 -10 5 x 10 -4 1 x 10 -11 2 x 10 -5 I2 x 10 -10 5 x 10 -4 6 x 10 -12 2 x 10 -5 Th-228 S9 x 10 -12 2 x 10 -4 3 x 10 -13 7 x 10 -6 I6 x 10 -12 4 x 10 -4 2 x 10 -13 1 x 10 -5 Th-230 S2 x 10 -12 5 x 10 -5 8 x 10 -14 2 x 10 -6 I1 x 10 -11 9 x 10 -4 3 x 10 -13 3 x 10 -5 Th-231 S1 x 10 -6 7 x 10 -3 5 x 10 -8 2 x 10 -4 I1 x 10 -6 7 x 10 -3 4 x 10 -8 2 x 10 -4 Th-232 S3 x 10 -11 5 x 10 -5 1 x 10 -12 2 x 10 -6 I3 x 10 -11 1 x 10 -3 1 x 10 -12 4 x 10 -5 Th-natural S6 x 10 -11 6 x 10 -5 2 x 10 -12 2 x 10 -6 I6 x 10 -11 6 x 10 -4 2 x 10 -12 2 x 10 -5 Th-234 S6 x 10 -8 5 x 10 -4 2 x 10 -9 2 x 10 -5 I3 x 10 -8 5 x 10 -4 1 x 10 -9 2 x 10 -5 Thulium (69) Tm-170 S4 x 10 -8 1 x 10 -3 1 x 10 -9 5 x 10 -5 I3 x 10 -8 1 x 10 -3 1 x 10 -9 5 x 10 -5 Tm-171 S1 x 10 -7 1 x 10 -2 4 x 10 -9 5 x 10 -4 I2 x 10 -7 1 x 10 -2 8 x 10 -9 5 x 10 -4 Tin (50) Sn-113 S4 x 10 -7 2 x 10 -3 1 x 10 -8 9 x 10 -5 I5 x 10 -8 2 x 10 -3 2 x 10 -9 8 x 10 -5 Sn-125 S1 x 10 -7 5 x 10 -4 4 x 10 -9 2 x 10 -5 I8 x 10 -8 5 x 10 -4 3 x 10 -9 2 x 10 -5 Tungsten (74) W-181 S2 x 10 -6 1 x 10 -2 8 x 10 -8 4 x 10 -4 I1 x 10 -7 1 x 10 -2 4 x 10 -9 3 x 10 -4 W-185 S8 x 10 -7 4 x 10 -3 3 x 10 -8 1 x 10 -4 I1 x 10 -7 3 x 10 -3 4 x 10 -9 1 x 10 -4 W-187 S4 x 10 -7 2 x 10 -3 2 x 10 -8 7 x 10 -5 I3 x 10 -7 2 x 10 -3 1 x 10 -8 6 x 10 -5

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5269** Appendix A9. Concentrations in air and water above natural background {#sec-r-325.5269 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5269}

Elements U to Z and certain unlisted radionuclides.

Rule 269. (See notes in Rule 270.)

TABLE ITABLE II

Element (atomic number)

Radionuclide* Column 1 Air (μCi/ml)

Column 2 Water (μCi/ml)

Column 1 Air (μCi/ml)

Column 2 Water (μCi/ml)

Uranium (92) U-230 S3 x 10 -10 1 x 10 -4 1 x 10 -11 5 x 10 -6 I1 x 10 -10 1 x 10 -4 4 x 10 -12 5 x 10 -6 U-232 S1 x 10 -10 8 x 10 -4 3 x 10 -12 3 x 10 -5 I3 x 10 -11 8 x 10 -4 9 x 10 -13 3 x 10 -5 U-233 S5 x 10 -10 9 x 10 -4 2 x 10 -11 3 x 10 -5 I1 x 10 -10 9 x 10 -4 4 x 10 -12 3 x 10 -5 U- 234**** S6 x 10 -10 9 x 10 -4 2 x 10 -11 3 x 10 -5 I1 x 10 -10 9 x 10 -4 4 x 10 -12 3 x 10 -5 U- 235**** S5 x 10 -10 8 x 10 -4 2 x 10 -11 3 x 10 -5 I1 x 10 -10 8 x 10 -4 4 x 10 -12 3 x 10 -5 U-236 S6 x 10 -10 1 x 10 -3 2 x 10 -11 3 x 10 -5 I1 x 10 -10 1 x 10 -3 4 x 10 -12 3 x 10 -5 U- 238**** S7 x 10 -11 1 x 10 -3 3 x 10 -12 4 x 10 -5 I1 x 10 -10 1 x 10 -3 5 x 10 -12 4 x 10 -5 U-240 S2 x 10 -7 1 x 10 -3 8 x 10 -9 3 x 10 -5 I2 x 10 -7 1 x 10 -3 6 x 10 -9 3 x 10 -5 U-natural **** S1 x 10 -10 1 x 10 -3 5 x 10 -12 3 x 10 -5 I1 x 10 -10 1 x 10 -3 5 x 10 -12 3 x 10 -5 Vanadium (23) V-48 S2 x 10 -7 9 x 10 -4 6 x 10 -9 3 x 10 -5 I6 x 10 -8 8 x 10 -4 2 x 10 -9 3 x 10 -5 Xenon (54) Xe-131mSub**2 x 10 -5 ----------4 x 10 -7 ---------- Xe-133mSub1 x 10 -5 ----------3 x 10 -7 ---------- Xe-133Sub1 x 10 -5 ----------3 x 10 -7 ---------- Xe-135Sub4 x 10 -6 ----------1 x 10 -7 ---------- Ytterbium (70) Yb-175 S7 x 10 -7 3 x 10 -3 2 x 10 -8 1 x 10 -4 I6 x 10 -7 3 x 10 -3 2 x 10 -8 1 x 10 -4 Yttrium (39) Y-90 S1 x 10 -7 6 x 10 -4 4 x 10 -9 2 x 10 -5 I1 x 10 -7 6 x 10 -4 3 x 10 -9 2 x 10 -5 Y-91m S2 x 10 -5 1 x 10 -1 8 x 10 -7 3 x 10 -3 I2 x 10 -5 1 x 10 -1 6 x 10 -7 3 x 10 -3 Y-91 S4 x 10 -8 8 x 10 -4 1 x 10 -9 3 x 10 -5 I3 x 10 -8 8 x 10 -4 1 x 10 -9 3 x 10 -5 Y-92 S4 x 10 -7 2 x 10 -3 1 x 10 -8 6 x 10 -5 I3 x 10 -7 2 x 10 -3 1 x 10 -8 6 x 10 -5 Y-93 S2 x 10 -7 8 x 10 -4 6 x 10 -9 3 x 10 -5 I 1 x 10 -7 8 x 10 -4 5 x 10 -9 3 x 10 -5 Zinc (30) Zn-65 S 1 x 10 -7 3 x 10 -3 4 x 10 -9 1 x 10 -4 I6 x 10 -8 5 x 10 -3 2 x 10 -9 2 x 10 -4 Zn-69m S4 x 10 -7 2 x 10 -3 1 x10 -8 7 x 10 -5 I3 x 10 -7 2 x 10 -3 1 x 10 -8 6 x 10 -5 Zn-69 S7 x 10 -6 5 x 10 -2 2 x 10 -7 2 x 10 -3 I9 x 10 -6 5 x 10 -2 3 x 10 -7 2 x 10 -3 Zirconium (40) Zr-93 S1 x 10 -7 2 x 10 -2 4 x 10 -9 8 x 10 -4 I3 x 10 -7 2 x 10 -2 1 x 10 -8 8 x 10 -4 Zr-95 S1 x 10 -7 2 x 10 -3 4 x 10 -9 6 x 10 -5 I3 x 10 -8 2 x 10 -3 1 x 10 -9 6 x 10 -5 Zr-97 S1 x 10 -7 5 x 10 -4 4 x 10 -9 2 x 10 -5 I9 x 10 -8 5 x 10 -4 3 x 10 -9 2 x 10 -5 Any single radionuclide not listed in Appendix A1 to A9 with decay mode other than alpha emission or spontaneous fission and with radioactive half-life less than 2 hours. Sub 1 x 10 -6 ---------- 3 x 10 -8 ---------- Any single radionuclide not listed in Appendix A1 to A9 with decay mode other than alpha emission or spontaneous fission and with radioactive half-life greater than 2 hours. 3 x 10 -9 9 x 10 -5 1 x 10 -10 3 x 10 -6 Any single radionuclide not listed in Appendix A1 to A9 which decays by alpha emission or spontaneous fission. 6 x 10 -13 4 x 10 -7 2 x 10 -14 3 x 10 -8

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5270** Notes to Appendices A1 to A9 {#sec-r-325.5270 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5270}

Rule 270. *Soluble (S): Insoluble (I). **"Sub" means that values given are for submersion in a semi-spherical infinite cloud of airborne material. ***For purposes of these rules, it may be assumed that the daughter activity concentrations in the following table are equivalent to an air concentration of 10 -7 microcuries of radon-222 per milliliter of air in equilibrium with the daughters polonium-218, lead-214, bismuth-214, and polonium-214:

Maximum Time Between Collection and Measurement (hours)* † Alpha-Emitting Daughter Activity Collected per Milliliter of Air Microcuries per milliliter Total Alpha Disintegrations per minute per milliliter 0.57.2 x 10 -8 0.16 1.04.5 x 10 -8 0.10 2.01.3 x 10 -8 0.028 3.00.3 x 10 -8 0.0072 * † The duration of sample collection and the duration of measurement should be sufficiently short compared to the time between collection and measurement, as not to have a statistically significant effect upon the results. ****For soluble mixtures of U-238, U-234, and U-235 in air, chemical toxicity may be the limiting factor. If the percent by weight (enrichment) of U-235 is less than 5, the concentration value for a 40-hour workweek, table I, is 0.2 milligrams uranium per cubic meter of air average.

For any enrichment, the product of the average concentration and time of exposure during a 40hour workweek shall not exceed 8 x 10 -3 SA μCi-hr/ml, where SA is the specific activity of the uranium inhaled. The concentration value for table II is 0.007 milligrams uranium per cubic meter of air. The specific activity for natural uranium is 6.77 x 10 -7 curies per gram U. The specific activity for other mixtures of U-238, U-235, and U-234, if not known, shall be:

SA = 3.6 x 10 -7 curies/gram U U-depleted SA = (0.4 + 0.38 E + 0.0034 E ) 10 -6 E> 0.72 where E is the percentage by weight of U-235, expressed as percent.

NOTE: In any case where there is a mixture in air or water of more than 1 radionuclide, the limiting values for purposes of this appendix should be determined as follows:

1. If the identity and concentration of each radionuclide in the mixture are known, the limiting values should be derived as follows: Determine, for each radionuclide in the mixture, the ratio between the quantity present in the mixture and the limit otherwise established in Appendix “A” for the specific radionuclide when not in a mixture. The sum of such ratios for all the radionuclides in the mixture may not exceed “1” (i.e., “unity”).

Example: If radionuclides a, b, and c are present in concentrations C a , C b , and C c , and if the applicable Maximum Permissible Concentrations (MPC's) are MPC a , MPC b, and MPC c respectively, then the concentrations shall be limited so that the following relationship exists:

C a + C b + C c < 1 MPC a MPC b MPC c 2. If either the identity or the concentration of any radionuclide in the mixture is not known, the limiting values for purposes of Appendix "A" shall be:

a. For purposes of Table I, Column 1 b. For purposes of Table I, Column 2 c. For purposes of Table II, Column 1 d. For purposes of Table II, Column 2 6 x 10 -13 4 x 10 -7 2 x 10 -14 3 x 10 -8 3. If any of the conditions specified hereinafter are met, the corresponding values specified there may be used in lieu of those specified in Paragraph 2 above.

a. If the identity of each radionuclide in the mixture is known but the concentration of one or more of the radionuclides in the mixture is not known, the concentration limit for the mixture is the limit specified in Appendix “A” for the radionuclide in the mixture having the lowest concentration limit; or, b. If the identity of each radionuclide in the mixture is not known, but it is known that certain radionuclides specified in Appendix “A” are not present in the mixture, the concentration limit for the mixture is the lowest concentration limit specified in Appendix “A” for any radionuclide that is not known to be absent from the mixture; or TABLE ITABLE II c. Element (atomic number) and radionuclide Column 1 Air (μCi/ml)

Column 2 Water (μCi/ml)

Column 1 Air (μCi/ml)

Column 2 Water (μCi/ml)

If it is known that Sr-90, I-125, I-126, I-129, I-131, (I-133, Table II only), Pb-210, Po-210, At-211, Ra-223, Ra-224, Ra-226, Ac-227, Ra-228, Th-230, Pa-231, Th-232, Th-nat, Cm-248, Cf-254, and Fm-256 are not present ---------- 9 x 10 -5 ---------- 3 x 10 -6 If it is known that Sr-90, I-125, I-126, I-129, I-131, (I-133, Table II only), Pb-210, Po-210, Ra-223, Ra-226, Ra-228, Pa-231, Th-nat, Cm-248, Cf-254, and Fm-256 are not present ---------- 6 x 10 -5 ---------- 2 x 10 -6 If it is known that Sr-90, I-129, (I-125, I-126, I-131, Table II only), Pb-210, Ra-226, Ra-228, Cm-248, and Cf-254 are not present ---------- 2 x 10 -5 ---------- 6 x 10 -7 If it is known that (I-129, Table II only), Ra-226, and Ra-228 are not present ---------- 3 x 10 -6 ---------- 1 x 10 -7 If it is known that alpha-emitters and Sr-90, I-129, Pb-210, Ac-227, Ra-228, Pa-230, Pu-241, and Bk-249 are not present 3 x 10 -9 ---------- 1 x 10 -10 ---------- If it is known that alpha-emitters and Pb-210, Ac-227, Ra-228, and Pu-241 are not present 3 x 10 -10 ---------- 1 x 10 -11 ---------- If it is known that alpha-emitters and Ac-227 are not present 3 x 10 -11 ---------- 1 x 10 -12 ---------- If it is known that Ac-227, Th-230, Pa-231, Pu-238, Pu-239, Pu-240, Pu-242, Pu-244, Cm-248, Cf-249 and Cf-251 are not present 3 x 10 -12 ---------- 1 x 10 -13 ---------- 4. If the mixture of radionuclides consists of uranium and its daughter products in ore dust before chemical processing of the uranium ore, the values specified below may be used in lieu of those determined in accordance with Paragraph 1 above or those specified in Paragraphs 2 and 3.

a. For purposes of Table I, Column 1, 1 x 10 -10 μCi/ml gross alpha activity; or 5 x 10 -11 μCi/ml natural uranium; or 75 micrograms per cubic meter of air natural uranium.

b. For purposes of Table II, Column 1, 3 x 10 -12 μCi/ml gross alpha activity; or 2 x 10 -12 μCi/ml natural uranium; or 3 micrograms per cubic meter of air natural uranium.

5. For purposes of this note, a radionuclide may be considered as not present in a mixture if (a) the ratio of the concentration of that radionuclide in the mixture (C a ) to the concentration limit for that radionuclide specified in table II of Appendix “A” (MPC a ) does not exceed 1/10, (i.e., C a < )

MPC a and (b) the sum of such ratios for all radionuclides considered as not present in the mixture does not exceed ¼, i.e., (i.e., C a + C b + ......< )

MPC a MPC b

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5271** Appendix B. Reference quantities for posting and disposal Rule 271 {#sec-r-325.5271 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5271}

RadionuclideMicrocuries Americium 241.01 Antimony 122100 Antimony 12410 Antimony 12510 Arsenic 73100 Arsenic 7410 Arsenic 7610 Arsenic 77100 Barium 13110 Barium 13310 Barium 14010 Bismuth 2101 Bromine 8210 Cadmium 10910 Cadmium 115m10 Cadmium 115100 Calcium 4510 Calcium 4710 Carbon 14100 Cerium 141100 Cerium 143100 Cerium 1441 Cesium 1311,000 Cesium 134m 100 Cesium 1341 Cesium 13510 Cesium 13610 Cesium 13710 Chlorine 3610 Chlorine 3810 Chromium 511,000 Cobalt 58m10 Cobalt 5810 Cobalt 601 Copper 64100 Dysprosium 16510 Dysprosium 166100 Erbium 169100 Erbium 171100 Europium 152 (9.2h)100 Europium 152 (13yr)1 Europium 1541 Europium 15510 Fluorine 181,000 Gadolinium 15310 Gadolinium 159100 Gallium 7210 Germanium 71100 Gold 198100 Gold 199100 Hafnium 18110 Holmium 166100 Hydrogen 31,000 Indium 113m100 Indium 114m10 Indium 115m100 Indium 11510 Iodine 1251 Iodine 1261 Iodine 1290.1 Iodine 1311 Iodine 13210 Iodine 1331 Iodine 13410 Iodine 13510 Iridium 19210 Iridium 194100 Iron 55100 Iron 5910 Krypton 85100 Krypton 8710 Lanthanum 14010 Lutetium 177100 Manganese 5210 Manganese 5410 Manganese 5610 Mercury 197m100 Mercury 197100 Mercury 20310 Molybdenum 99100 Neodymium 147100 Neodymium 149100 Nickel 59100 Nickel 6310 Nickel 65100 Niobium 93m10 Niobium 9510 Niobium 9710 Osmium 18510 Osmium 191m100 Osmium 191100 Osmium 193100 Palladium 103100 Palladium 109100 Phosphorus 3210 Platinum 191100 Platinum 193m100 Platinum 193100 Platinum 197m100 Platinum 197100 Plutonium 239.01 Polonium 2100.1 Potassium 4210 Praseodymium 142100 Praseodymium 143100 Promethium 14710 Promethium 14910 Radium 226.01 Radon 222.01 Rhenium 186100 Rhenium 188100 Rhodium 103m100 Rhodium 105100 Rubidium 8610 Rubidium 8710 Ruthenium 97100 Ruthenium 10310 Ruthenium 10510 Ruthenium 1061 Samarium 15110 Samarium 153100 Scandium 4610 Scandium 47100 Scandium 4810 Selenium 7510 Silicon 31100 Silver 10510 Silver 110m1 Silver 111100 Sodium 2410 Strontium 8510 Strontium 891 Strontium 900.1 Strontium 9110 Strontium 9210 Sulfur 35100 Tantalum 18210 Technetium 9610 Technetium 97m100 Technetium 97100 Technetium 99m100 Technetium 9910 Tellurium 125m10 Tellurium 127m10 Tellurium 127100 Tellurium 129m10 Tellurium 129100 Tellurium 131m10 Tellurium 13210 Terbium 16010 Thallium 200100 Thallium 201100 Thallium 202100 Thallium 20410 Thorium (natural)100* Thulium 17010 Thulium 17110 Tin 11310 Tin 12510 Tungsten 18110 Tungsten 18510 Tungsten 187100 Uranium (natural)100** Uranium 233.01 Uranium 234 -235.01 Vanadium 4810 Xenon 131m1,000 Xenon 133100 Xenon 135100 Ytterbium 175100 Yttrium 9010 Yttrium 9110 Yttrium 92100 Yttrium 93100 Zinc 6510 Zinc 69m100 Zinc 691,000 Zirconium 9310 Zirconium 9510 Zirconium 9710 Any alpha emitting radionuclide not listed above or mixtures of alpha emitters of unknown composition 0.01 Any radionuclide other than alpha emitting radionuclides not listed above or mixtures of beta emitters of unknown composition 0.1 *Based on alpha disintegration rate of Th-232, Th-230 and their daughter products. **Based on alpha disintegration rate of U-238, U-234 and U-235.

NOTE: For purposes of Rules 224 to 231, where there is involved a combination of nuclides in known amounts, the limit for the combination should be derived as follows: Determine, for each nuclide in the combination, the ratio between the quantity present in the combination and the limit otherwise established for the specific nuclide when not in combination. The sum of such ratios for all the nuclides in the combination may not exceed “1” (i.e., “unity”).

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5272** Appendix C. Radioactive surface contamination guides {#sec-r-325.5272 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5272}

Rule 272.

Application Alpha(dpm/100 cm ) Beta/Gamma* Total (mR/hr) Removable (dpm/100 cm )

TotalRemovable Restricted Area Basic Guide 25,000 (max)5001.05,000 5,000 (avg)

Clean Area1,0001000.51,000 Non-Restricted Area Skin, Personal Clothing500N.D.**0.1N.D.** Release of Material or Facilities 2,500 (max)1000.21,000 500 (avg) *Measured at 1 cm from the surface **N.D. - non-detectable NOTES TO APPENDIX C It should be emphasized that because of the wide range of physical factors, no one value (of the few which can be incorporated in a standard) can relate health effects to contamination levels in all the diverse situations in which contamination is measured. Accordingly, standards for contamination levels must be used as guides (or decision levels). The above levels shall therefore be applied with the following guidance:

1. The levels are to be used as guides, and in practice professional judgment should be used by the health physicist to determine the acceptability of the actual contamination.

2. Although it is felt that the recommended values should not result in a health hazard, good radiation protection practice dictates that a reasonable effort be made to keep actual contamination levels below these values.

3. Compliance with contamination guides shall not be used as evidence that exposing persons to internal or external sources of radiation is within the prescribed standards. Biological sampling or whole body counting should be used to ascertain internal doses.

4. For release of material to the general public:

a. A reasonable effort shall be made to minimize the contamination (i.e. the application of additional decontamination procedures have little effect on the contamination levels).

b. Surfaces of premises or equipment likely to be contaminated that are inaccessible for measurement shall be presumed to be contaminated in excess of the above limits and not released.

5. The levels adopted are for generally used isotopes of high toxicity, therefore lower levels may be appropriate for extremely toxic radionuclides and relaxations allowed for less toxic radionuclides.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.5273** Rescinded {#sec-r-325.5273 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5273}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5274** Rescinded {#sec-r-325.5274 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5274}

PART 6. INDUSTRIAL RADIOGRAPHIC OPERATIONS AND INSTALLATIONS

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5281** Rescinded {#sec-r-325.5281 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5281}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5282** Rescinded {#sec-r-325.5282 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5282}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5285** Rescinded {#sec-r-325.5285 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5285}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5286** Rescinded {#sec-r-325.5286 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5286}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5287** Rescinded {#sec-r-325.5287 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5287}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5288** Rescinded {#sec-r-325.5288 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5288}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5289** Rescinded {#sec-r-325.5289 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5289}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5290** Rescinded {#sec-r-325.5290 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5290}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5291** Rescinded {#sec-r-325.5291 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5291}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5293** Rescinded {#sec-r-325.5293 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5293}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5294** Rescinded {#sec-r-325.5294 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5294}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5296** Rescinded {#sec-r-325.5296 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5296}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5297** Rescinded {#sec-r-325.5297 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5297}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5298** Rescinded {#sec-r-325.5298 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5298}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5299** Rescinded {#sec-r-325.5299 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5299}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5301** Rescinded {#sec-r-325.5301 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5301}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5302** Rescinded {#sec-r-325.5302 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5302}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5303** Rescinded {#sec-r-325.5303 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5303}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5305** Rescinded {#sec-r-325.5305 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5305}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5306** Rescinded {#sec-r-325.5306 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5306}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5307** Rescinded {#sec-r-325.5307 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5307}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5309** Rescinded {#sec-r-325.5309 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5309}

PART 7. MEDICAL X-RAY INSTALLATIONS

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5311** Rescinded {#sec-r-325.5311 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5311}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5312** Rescinded {#sec-r-325.5312 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5312}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5315** Rescinded {#sec-r-325.5315 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5315}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5317** Rescinded {#sec-r-325.5317 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5317}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5321** Rescinded {#sec-r-325.5321 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5321}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5322** Rescinded {#sec-r-325.5322 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5322}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5323** Rescinded {#sec-r-325.5323 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5323}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5325** Rescinded {#sec-r-325.5325 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5325}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5331** Rescinded {#sec-r-325.5331 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5331}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5333** Rescinded {#sec-r-325.5333 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5333}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5337** Rescinded {#sec-r-325.5337 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5337}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5347** Rescinded {#sec-r-325.5347 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5347}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5348** Rescinded {#sec-r-325.5348 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5348}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5351** Rescinded {#sec-r-325.5351 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5351}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5352** Rescinded {#sec-r-325.5352 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5352}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5353** Rescinded {#sec-r-325.5353 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5353}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5355** Rescinded {#sec-r-325.5355 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5355}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5357** Rescinded {#sec-r-325.5357 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5357}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5358** Rescinded {#sec-r-325.5358 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5358}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5359** Rescinded {#sec-r-325.5359 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5359}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5361** Rescinded {#sec-r-325.5361 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5361}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5362** Rescinded {#sec-r-325.5362 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5362}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5365** Rescinded {#sec-r-325.5365 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5365}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5366** Rescinded {#sec-r-325.5366 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5366}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5368** Rescinded {#sec-r-325.5368 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5368}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5371** Rescinded {#sec-r-325.5371 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5371}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5372** Rescinded {#sec-r-325.5372 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5372}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5373** Rescinded {#sec-r-325.5373 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5373}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5375** Rescinded {#sec-r-325.5375 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5375}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5376** Rescinded {#sec-r-325.5376 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5376}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5378** Rescinded {#sec-r-325.5378 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5378}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5379** Rescinded {#sec-r-325.5379 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5379}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5380** Rescinded {#sec-r-325.5380 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5380}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5381** Rescinded {#sec-r-325.5381 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5381}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5383** Rescinded {#sec-r-325.5383 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5383}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5384** Rescinded {#sec-r-325.5384 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5384}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5385** Rescinded {#sec-r-325.5385 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5385}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5386** Rescinded {#sec-r-325.5386 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5386}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5388** Rescinded {#sec-r-325.5388 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5388}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5389** Rescinded {#sec-r-325.5389 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5389}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5390** Rescinded {#sec-r-325.5390 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5390}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5391** Rescinded {#sec-r-325.5391 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5391}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5395** Rescinded {#sec-r-325.5395 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5395}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5396** Rescinded {#sec-r-325.5396 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5396}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5397** Rescinded {#sec-r-325.5397 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5397}

PART 10. VETERINARY X-RAY INSTALLATIONS

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5401** Rescinded {#sec-r-325.5401 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5401}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5402** Rescinded {#sec-r-325.5402 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5402}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5403** Rescinded {#sec-r-325.5403 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5403}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5404** Rescinded {#sec-r-325.5404 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5404}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5405** Rescinded {#sec-r-325.5405 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5405}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5407** Rescinded {#sec-r-325.5407 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5407}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5409** Rescinded {#sec-r-325.5409 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5409}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5411** Rescinded {#sec-r-325.5411 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5411}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5417** Rescinded {#sec-r-325.5417 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5417}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5418** Rescinded {#sec-r-325.5418 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5418}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5421** Rescinded {#sec-r-325.5421 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5421}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5422** Rescinded {#sec-r-325.5422 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5422}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5423** Rescinded {#sec-r-325.5423 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5423}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5425** Rescinded {#sec-r-325.5425 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5425}

PART 11. PARTICLE ACCELERATOR INSTALLATIONS

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5431** Purpose and scope {#sec-r-325.5431 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5431}

Rule 431. (1) This part establishes procedures for the licensing or registration of particle accelerators, a classification system for particle accelerator installations and use, and radiation safety requirements for persons utilizing all types of particle accelerators except those specifically exempted from this part.

(2) This part applies to all licensees and registrants who use particle accelerators for any purpose other than those exempted under Rule 432.

(3) In addition to the requirements of this part, all licensees and registrants are subject to the applicable provisions of the other parts.

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5432** Definitions {#sec-r-325.5432 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5432}

Rule 432. (1) "Particle accelerator" or "accelerator", as used in this part, means a radiation machine designed for or capable of accelerating electrically charged particles, such as electrons, protons, or deuterons, with an electrical potential in excess of 1 MeV. Radiation machines designed and used exclusively for the production of electron beams or x- radiation for any of the following purposes, except those capable of producing radioactive material in excess of exempt quantities listed in schedule B of Rule 147, are excluded from this definition:

(a) The diagnosis or treatment of patients.

(b) Industrial radiography.

(d) Manufacturing process control.

(e) Research and development.

(f) Demonstration of scientific principles for educational purposes.

(2) "Radiation protection supervisor" means 1 specific individual appointed by the licensee or registrant who has been delegated the responsibility and authority to govern the operation of the accelerator in such a manner as to comply with the provisions of this part and part 5 and to enforce any written procedures approved by the department.

LICENSE OR REGISTRATION

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5435** General provisions {#sec-r-325.5435 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5435}

Rule 435. Except as otherwise provided in these rules, a person shall not manufacture, produce, own, receive, acquire, possess, use, transport, transfer, or dispose of a research, production, processing, or treatment particle accelerator capable of producing radioactive material in excess of exempt quantities listed in schedule B of Rule 147 unless authorized in a specific license issued pursuant to part 2.

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5437** Rescinded {#sec-r-325.5437 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5437}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5438** Rescinded {#sec-r-325.5438 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5438}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5439** Rescinded {#sec-r-325.5439 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5439}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5440** Rescinded {#sec-r-325.5440 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5440}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5441** Rescinded {#sec-r-325.5441 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5441}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5442** Rescinded {#sec-r-325.5442 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5442}

SAFETY REQUIREMENTS FOR THE USE

OF PARTICLE ACCELERATORS

R 325.5445. General provisions.

Rule 445. (1) Rules 445 to 455 establish radiation safety requirements for the use of particle accelerators. The provisions of such rules are in addition to, and not in substitution for, other applicable provisions of these rules.

(2) A licensee or registrant shall be responsible for assuring that all requirements of this part are met.

**History**
- *History: 1979 AC; 2016 AACS.*
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.5446** Limitations {#sec-r-325.5446 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5446}

Rule 446. The radiation safety committee or the radiation protection supervisor may terminate the operations at an accelerator facility or of a class D operation if this action is deemed necessary to protect health and minimize danger to public health and safety or property.

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5447** Shielding {#sec-r-325.5447 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5447}

Rule 447. (1) The design and shielding specifications for an accelerator shall be submitted and approved before issuance of a license by the department. After construction and installation, the radiation safety of the installation shall be established by a protection survey conducted in accord with Rule 221. A written report of the initial survey shall be submitted to the department and approved in writing before continued operation of the accelerator.

(2) Each accelerator installation shall be provided with such primary or secondary barriers as are necessary to assure compliance with Rules 203, 205, and 211.

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5448** Rescinded {#sec-r-325.5448 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5448}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5449** Rescinded {#sec-r-325.5449 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5449}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5450** Equipment control and operations {#sec-r-325.5450 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5450}

Rule 450. (1) A building housing a fixed particle accelerator shall not be left unattended without locking the building or portions thereof in some manner that will prevent unauthorized entry into the control room or target room, or any access to areas that may contain induced radioactivity resulting from accelerator operation.

(2) A mobile or portable particle accelerator shall not be left unattended without locking the room or building in which it is housed in some manner that will prevent its removal by unauthorized persons.

(3) Access to or possession of keys or combinations used to comply with the requirements of this rule shall be limited to specific authorized persons approved by the radiation protection supervisor.

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5452** Radiation surveys {#sec-r-325.5452 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5452}

Rule 452. (1) A licensee or registrant shall maintain at each accelerator installation appropriate calibrated and operable portable radiation monitoring instruments to make physical radiation surveys as required by this part and part 5.

(2) Portable radiation monitoring instruments shall be capable by design, calibration, and operation of measuring the intensity of the various types and energies of radiation produced by the accelerator. These instruments shall be tested for proper operation at the beginning of each day they are to be used and calibrated at intervals not to exceed 3 months.

(3) During repair or calibration of a radiation monitoring instrument, a spare calibrated and operable instrument shall be provided or accelerator operations which require the instrument shall be terminated until required instrumentation is available.

(4) A radiation protection survey shall be performed and documented in accord with Rule 221 when changes have been made in shielding, operation, equipment, or occupancy of adjacent areas, and periodically to check for unknown changes and malfunctioning equipment.

(5) Whenever applicable, periodic surveys shall be made to determine the amount of airborne radioactivity present in areas of airborne hazards.

(6) Whenever applicable, periodic smear surveys shall be made to determine the degree of contamination in target and other pertinent areas.

(7) All area surveys shall be made in accordance with the written procedures established by a health physics consultant or the radiation protection supervisor of the accelerator facility and approved by the department.

(8) Records of all radiation protection surveys, calibration results, instrumentation tests, and smear results shall be kept current and on file at each accelerator facility.

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5454** Ventilation systems {#sec-r-325.5454 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5454}

Rule 454. (1) An accessible airborne radioactivity area shall be provided with ventilation adequate to reduce airborne radioactivity to concentrations that do not exceed the limits specified in column 1, table I of Rules 261 to 269.

(2) A licensee or registrant shall not vent, release, or otherwise discharge concentrations of radioactive material from an airborne radioactivity area to an uncontrolled area that exceed the limits specified in table II of Rules 261 to 269 except as authorized pursuant to subrule (2) of Rule 238(2) of part 5. For purposes of this subrule, concentrations may be averaged over a period not greater than 1 year.

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5455** Special precautions {#sec-r-325.5455 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5455}

Rule 455. A licensee or registrant shall not permit dismantling, repair, or servicing of any portion of the accelerator or changing of target materials by any persons unless such persons have been approved for such activity by the radiation protection supervisor. The radiation protection supervisor shall determine that such persons are the following:

(a) Qualified by training or experience to conduct such activities safely with respect to potential radiation hazards.

(b) Knowledgeable regarding the potential hazards of induced radioactivity.

(d) Informed of any special procedures or precautions necessary to protect themselves and others from radiation exposure or spread of contamination.

PART 12. SEALED RADIOACTIVE SOURCES IN THE HEALING ARTS

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5461** Rescinded {#sec-r-325.5461 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5461}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5462** Rescinded {#sec-r-325.5462 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5462}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5464** Rescinded {#sec-r-325.5464 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5464}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5465** Rescinded {#sec-r-325.5465 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5465}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5466** Rescinded {#sec-r-325.5466 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5466}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5468** Rescinded {#sec-r-325.5468 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5468}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5471** Rescinded {#sec-r-325.5471 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5471}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5474** Rescinded {#sec-r-325.5474 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5474}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5475** Rescinded {#sec-r-325.5475 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5475}

PART 13. MISCELLANEOUS SOURCES

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5481** Purpose and scope {#sec-r-325.5481 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5481}

Rule 481. (1) This part establishes radiation safety requirements for miscellaneous radiation sources and for persons utilizing such sources not exempted under Rules 31 to 33 and not specifically covered elsewhere by these rules.

(2) This part applies to all persons who use sources of radiation not specifically covered by the other parts.

(3) In addition to the requirements of this part all persons and activities covered by this part are subject to the applicable provisions of parts 1, 2, and 5.

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5482** Rescinded {#sec-r-325.5482 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5482}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5484** Rescinded {#sec-r-325.5484 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5484}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5485** Rescinded {#sec-r-325.5485 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5485}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5486** Rescinded {#sec-r-325.5486 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5486}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5487** Rescinded {#sec-r-325.5487 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5487}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5491** Rescinded {#sec-r-325.5491 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5491}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5492** Rescinded {#sec-r-325.5492 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5492}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5493** Rescinded {#sec-r-325.5493 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5493}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5494** Rescinded {#sec-r-325.5494 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5494}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5495** Rescinded {#sec-r-325.5495 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5495}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5501** Rescinded {#sec-r-325.5501 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5501}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5505** Rescinded {#sec-r-325.5505 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5505}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5506** Rescinded {#sec-r-325.5506 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5506}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5507** Rescinded {#sec-r-325.5507 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5507}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5508** Rescinded {#sec-r-325.5508 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5508}

OTHER MISCELLANEOUS SOURCES

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5511** License or registration conditions {#sec-r-325.5511 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5511}

Rule 511. Types of radiation sources and uses not specifically covered by these rules shall be subject to specific requirements designated by the department in the form of license or registration conditions for the protection of public health, safety, and property until such time that these rules are amended to specifically cover such sources and uses.

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5601** Rescinded {#sec-r-325.5601 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5601}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5601a** Rescinded {#sec-r-325.5601a omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5601a}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5602** Rescinded {#sec-r-325.5602 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5602}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5603** Rescinded {#sec-r-325.5603 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5603}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5605** Rescinded {#sec-r-325.5605 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5605}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5606** Rescinded {#sec-r-325.5606 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5606}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5607** Rescinded {#sec-r-325.5607 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5607}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5608** Rescinded {#sec-r-325.5608 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5608}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5609** Rescinded {#sec-r-325.5609 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5609}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5610** Rescinded {#sec-r-325.5610 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5610}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5611** Rescinded {#sec-r-325.5611 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5611}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5612** Rescinded {#sec-r-325.5612 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5612}

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5613** Rescinded {#sec-r-325.5613 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5613}

MAMMOGRAPHY SUPERVISOR

**History**
- *History: 1979 AC; 2016 AACS.*

##### **Mich. Admin. Code R 325.5617** Rescinded {#sec-r-325.5617 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5617}

**History**
- *History: 1993 AACS; 2013 AACS.*

##### **Mich. Admin. Code R 325.5618** Rescinded {#sec-r-325.5618 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5618}

**History**
- *History: 1993 AACS; 2013 AACS.*

##### **Mich. Admin. Code R 325.5619** Rescinded {#sec-r-325.5619 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5619}

OPERATORS OF MAMMOGRAPHY EQUIPMENT

**History**
- *History: 1993 AACS; 2013 AACS.*

##### **Mich. Admin. Code R 325.5621** Rescinded {#sec-r-325.5621 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5621}

**History**
- *History: 1993 AACS; 2013 AACS.*

##### **Mich. Admin. Code R 325.5622** Rescinded {#sec-r-325.5622 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5622}

**History**
- *History: 1993 AACS; 2013 AACS.*

##### **Mich. Admin. Code R 325.5623** Rescinded {#sec-r-325.5623 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5623}

**History**
- *History: 1993 AACS; 2013 AACS.*

##### **Mich. Admin. Code R 325.5624** Rescinded {#sec-r-325.5624 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5624}

**History**
- *History: 1993 AACS; 2013 AACS.*

##### **Mich. Admin. Code R 325.5625** Rescinded {#sec-r-325.5625 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5625}

**History**
- *History: 1993 AACS; 2013 AACS.*

##### **Mich. Admin. Code R 325.5626** Rescinded {#sec-r-325.5626 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5626}

**History**
- *History: 2013 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5627** Rescinded {#sec-r-325.5627 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5627}

**History**
- *History: 2013 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5628** Rescinded {#sec-r-325.5628 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5628}

**History**
- *History: 2013 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5629** Rescinded {#sec-r-325.5629 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5629}

**History**
- *History: 2013 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5630** Rescinded {#sec-r-325.5630 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5630}

**History**
- *History: 2013 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5631** Rescinded {#sec-r-325.5631 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5631}

**History**
- *History: 1993 AACS; 2013 AACS.*

##### **Mich. Admin. Code R 325.5632** Rescinded {#sec-r-325.5632 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5632}

**History**
- *History: 1993 AACS; 2013 AACS.*

##### **Mich. Admin. Code R 325.5633** Rescinded {#sec-r-325.5633 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5633}

**History**
- *History: 1993 AACS; 2013 AACS.*

##### **Mich. Admin. Code R 325.5634** Rescinded {#sec-r-325.5634 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5634}

**History**
- *History: 2013 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5635** Rescinded {#sec-r-325.5635 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5635}

**History**
- *History: 2013 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5637** Rescinded {#sec-r-325.5637 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5637}

**History**
- *History: 1993 AACS; 2013 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5638** Rescinded {#sec-r-325.5638 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5638}

**History**
- *History: 1993 AACS; 2013 AACS.*

##### **Mich. Admin. Code R 325.5639** Rescinded {#sec-r-325.5639 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5639}

**History**
- *History: 1993 AACS; 2013 AACS.*

##### **Mich. Admin. Code R 325.5640** Rescinded {#sec-r-325.5640 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5640}

**History**
- *History: 1993 AACS; 2013 AACS.*

##### **Mich. Admin. Code R 325.5641** Rescinded {#sec-r-325.5641 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5641}

**History**
- *History: 1993 AACS; 2013 AACS.*

##### **Mich. Admin. Code R 325.5642** Rescinded {#sec-r-325.5642 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5642}

**History**
- *History: 1993 AACS; 2013 AACS.*

##### **Mich. Admin. Code R 325.5643** Rescinded {#sec-r-325.5643 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5643}

**History**
- *History: 1993 AACS; 2013 AACS.*

##### **Mich. Admin. Code R 325.5644** Rescinded {#sec-r-325.5644 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5644}

**History**
- *History: 1993 AACS; 2013 AACS.*

##### **Mich. Admin. Code R 325.5645** Rescinded {#sec-r-325.5645 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5645}

**History**
- *History: 1993 AACS; 2013 AACS.*

##### **Mich. Admin. Code R 325.5646** Rescinded {#sec-r-325.5646 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5646}

**History**
- *History: 1993 AACS; 2013 AACS.*

##### **Mich. Admin. Code R 325.5647** Rescinded {#sec-r-325.5647 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5647}

**History**
- *History: 1993 AACS; 2013 AACS.*

##### **Mich. Admin. Code R 325.5648** Rescinded {#sec-r-325.5648 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5648}

**History**
- *History: 1993 AACS; 2013 AACS.*

##### **Mich. Admin. Code R 325.5649** Rescinded {#sec-r-325.5649 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5649}

**History**
- *History: 1993 AACS; 2013 AACS.*

##### **Mich. Admin. Code R 325.5650** Rescinded {#sec-r-325.5650 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5650}

**History**
- *History: 1993 AACS; 2013 AACS.*

##### **Mich. Admin. Code R 325.5651** Rescinded {#sec-r-325.5651 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5651}

**History**
- *History: 1993 AACS; 2013 AACS.*

##### **Mich. Admin. Code R 325.5652** Rescinded {#sec-r-325.5652 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5652}

**History**
- *History: 1993 AACS; 2013 AACS.*

##### **Mich. Admin. Code R 325.5655** Rescinded {#sec-r-325.5655 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5655}

**History**
- *History: 1993 AACS; 2013 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5656** Rescinded {#sec-r-325.5656 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5656}

**History**
- *History: 1993 AACS; 2013 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5657** Rescinded {#sec-r-325.5657 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5657}

**History**
- *History: 2013 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5658** Rescinded {#sec-r-325.5658 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5658}

**History**
- *History: 2013 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5659** Rescinded {#sec-r-325.5659 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5659}

**History**
- *History: 1993 AACS; 2013 AACS.*

##### **Mich. Admin. Code R 325.5660** Rescinded {#sec-r-325.5660 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5660}

**History**
- *History: 1993 AACS; 2013 AACS.*

##### **Mich. Admin. Code R 325.5661** Rescinded {#sec-r-325.5661 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5661}

**History**
- *History: 1993 AACS; 2013 AACS.*

##### **Mich. Admin. Code R 325.5662** Rescinded {#sec-r-325.5662 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5662}

**History**
- *History: 1993 AACS; 2013 AACS.*

##### **Mich. Admin. Code R 325.5663** Rescinded {#sec-r-325.5663 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5663}

**History**
- *History: 1993 AACS; 2013 AACS.*

##### **Mich. Admin. Code R 325.5664** Rescinded {#sec-r-325.5664 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5664}

**History**
- *History: 1993 AACS; 2013 AACS.*

##### **Mich. Admin. Code R 325.5665** Rescinded {#sec-r-325.5665 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5665}

**History**
- *History: 1993 AACS; 2013 AACS.*

##### **Mich. Admin. Code R 325.5667** Rescinded {#sec-r-325.5667 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5667}

**History**
- *History: 2013 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5668** Rescinded {#sec-r-325.5668 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5668}

**History**
- *History: 2013 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5669** Rescinded {#sec-r-325.5669 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5669}

**History**
- *History: 2013 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5674** Rescinded {#sec-r-325.5674 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5674}

**History**
- *History: 2013 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5675** Rescinded {#sec-r-325.5675 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5675}

**History**
- *History: 2013 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5676** Rescinded {#sec-r-325.5676 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5676}

**History**
- *History: 2013 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5677** Rescinded {#sec-r-325.5677 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5677}

**History**
- *History: 2013 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5678** Rescinded {#sec-r-325.5678 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5678}

**History**
- *History: 2013 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5679** Rescinded {#sec-r-325.5679 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5679}

**History**
- *History: 2013 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5681** Rescinded {#sec-r-325.5681 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5681}

**History**
- *History: 2013 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5682** Rescinded {#sec-r-325.5682 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5682}

**History**
- *History: 2013 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5683** Rescinded {#sec-r-325.5683 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5683}

**History**
- *History: 2013 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5684** Rescinded {#sec-r-325.5684 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5684}

**History**
- *History: 2013 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5685** Rescinded {#sec-r-325.5685 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5685}

**History**
- *History: 2013 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5686** Rescinded {#sec-r-325.5686 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5686}

**History**
- *History: 2013 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5687** Rescinded {#sec-r-325.5687 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5687}

**History**
- *History: 2013 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5688** Rescinded {#sec-r-325.5688 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5688}

**History**
- *History: 2013 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5689** Rescinded {#sec-r-325.5689 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5689}

**History**
- *History: 2013 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5690** Rescinded {#sec-r-325.5690 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5690}

**History**
- *History: 2013 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5691** Rescinded {#sec-r-325.5691 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5691}

**History**
- *History: 2013 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5692** Rescinded {#sec-r-325.5692 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5692}

**History**
- *History: 2013 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5693** Rescinded {#sec-r-325.5693 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5693}

**History**
- *History: 2013 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5694** Rescinded {#sec-r-325.5694 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5694}

**History**
- *History: 2013 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5695** Rescinded {#sec-r-325.5695 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5695}

**History**
- *History: 2013 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5696** Rescinded {#sec-r-325.5696 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5696}

**History**
- *History: 2013 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5697** Rescinded {#sec-r-325.5697 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5697}

**History**
- *History: 2013 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5698** Rescinded {#sec-r-325.5698 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5698}

**History**
- *History: 2013 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5701** Rescinded {#sec-r-325.5701 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5701}

**History**
- *History: 2011 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5703** Rescinded {#sec-r-325.5703 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5703}

**History**
- *History: 2011 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5705** Rescinded {#sec-r-325.5705 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5705}

**History**
- *History: 2011 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5707** Rescinded {#sec-r-325.5707 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5707}

**History**
- *History: 2011 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5709** Rescinded {#sec-r-325.5709 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5709}

**History**
- *History: 2011 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5711** Rescinded {#sec-r-325.5711 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5711}

**History**
- *History: 2011 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5713** Rescinded {#sec-r-325.5713 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5713}

**History**
- *History: 2011 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5715** Rescinded {#sec-r-325.5715 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5715}

**History**
- *History: 2011 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5717** Rescinded {#sec-r-325.5717 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5717}

**History**
- *History: 2011 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5719** Rescinded {#sec-r-325.5719 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5719}

**History**
- *History: 2011 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 325.5721** Rescinded {#sec-r-325.5721 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.5721}

**History**
- *History: 2011 AACS; 2016 AACS.*

## **Drinking Water and Environmental Health Division** Drinking Water and Environmental Health Division

### **R 325.10101 to R 325.12820** Supplying Water to the Public

##### **Mich. Admin. Code R 325.10101** Purpose {#sec-r-325.10101 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10101}

DEPARTMENT OF ENVIRONMENT, GREAT LAKES, AND ENERGY

DRINKING WATER AND ENVIRONMENTAL HEALTH DIVISION

SUPPLYING WATER TO THE PUBLIC

(By authority conferred on the department of environment, Great Lakes, and energy by section 5 of the safe drinking water act, 1976 PA 399, MCL 325.1005)

PART 1. GENERAL PROVISIONS

Rule 101. These rules are promulgated by the department for the purpose of protecting the public health and implementing the act, and to specify certain standards and criteria for public water supplies which are consistent and compatible with the provisions of the act and the federal act.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.10102** Definitions; A, B {#sec-r-325.10102 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10102}

Rule 102. As used in these rules:

(a) "Act" means 1976 PA 399, MCL 325.1001 to 325.1023 and known as the safe drinking water act.

(b) "Action level" means the concentration of lead or copper in water as specified in R 325.10604f(1)(c) that determines, in some cases, the treatment requirements that a water supply is required to complete.

(d) "Alteration" means the modification of, or addition to, an existing waterworks system, or portion of the system, that affects any of the following:

(i) Flow.

(ii) Capacity.

(iii) System service area.

(iv) Source.

(v) Treatment.

(vi) Reliability.

(e) "Approved analytical technique" means a calculation, determination, or other laboratory examination or procedure that has been approved by the United States Environmental Protection Agency under 40 C.F.R. part 141, which is adopted by reference in R 325.10605.

(f) "Approved basement" means a basement which has walls and a floor that are constructed of concrete or its equivalent, which is essentially watertight, which is effectively drained, and which is in daily use.

(g) "Aquifer" means an underground water-bearing formation which is saturated and which transmits water in sufficient quantities to serve as a water supply.

(h) "Artesian" means a condition of internal pressure which causes the water level in a well to rise above the aquifer used to supply water at the well location.

(i) "Asset management program" means a program that identifies the desired level of service at the lowest life cycle cost for rehabilitating, repairing, or replacing the assets associated with the waterworks system.

(j) "Back-up operator" means a certified operator designated by the public water supply to be in charge of the waterworks system or portion of the waterworks system when the operator in charge is not available.

(k) "Bag filters" means pressure-driven separation devices that remove particulate matter larger than 1 micrometer using an engineered porous filtration media. They are typically constructed of a non-rigid, fabric filtration media housed in a pressure vessel in which the direction of flow is from the inside of the bag to outside.

(l) "Bank filtration" means a water treatment process that uses a well to recover surface water that has naturally infiltrated into groundwater through a river bed or bank or banks.

Infiltration is typically enhanced by the hydraulic gradient imposed by a nearby pumping water supply or other well or wells.

(m) "Bottled drinking water" means water that is ultimately sold, provided, or offered for human consumption in a closed container.

(n) “Business day” means Monday through Friday, except for federal or state holidays.

**History**
- *History: 1979 AC; 1991 AACS; 1994 AACS; 2000 AACS; 2003 AACS; 2009 AACS; 2015 AACS; 2018 AACS.*

##### **Mich. Admin. Code R 325.10103** Definitions; C {#sec-r-325.10103 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10103}

Rule 103. As used in these rules:

(a) "C" in "CT calculation" means the residual disinfectant concentration measured in milligrams per liter in a representative sample of water.

(b) "Cartridge filters" means pressure-driven separation devices that remove particulate matter larger than 1 micrometer using an engineered porous filtration media. They are typically constructed as rigid or semi-rigid, self-supporting filter elements housed in pressure vessels in which flow is from the outside of the cartridge to the inside.

(c) "Casing" means a durable pipe that is placed in a well to prevent the soil from caving in and to seal off surface drainage or undesirable water, gases, contaminants, or other fluids and prevent them from entering the well and the aquifer supplying the well.

(d) "Casing vent" means an outlet at the upper terminal of a well casing which provides atmospheric pressure in the well and which allows the escape of gases when present.

(e) "Certificate" means a document that is issued by the department to a person who meets the qualification requirements for operating a waterworks system or a portion of the waterworks system.

(f) "Certified operator" means an operator who holds a certificate.

(g) "Clean compliance history" means, for the purposes of the total coliform provisions of R 325.10704a to R 325.10704k, a record of no MCL violations under R 325.10602; no monitoring violations under R 325.10704 to R 325.10709; and no coliform treatment technique trigger exceedances or treatment technique violations under R 325.10704a to R 325.10704k.

(h) "Combined distribution system" means the interconnected distribution system consisting of the distribution systems of wholesale supplies and of the consecutive supplies that receive finished water.

(i) "Community supply" or "community water supply" or "community water system" means a public water supply that provides year-round service to not fewer than 15 living units or that regularly provides year-round service to not fewer than 25 residents.

(j) "Complete treatment" means a series of processes, including disinfection and filtration, to treat surface water or ground water under the direct influence of surface water, or to treat ground water not under the direct influence of surface water that uses precipitative softening, to produce a finished water meeting state drinking water standards.

(k) "Compliance cycle" means the 9-year calendar year cycle during which public water supplies are required to monitor. Each compliance cycle consists of three 3-year compliance periods. The first calendar year cycle begins January 1, 1993, and ends December 31, 2001; the second begins January 1, 2002, and ends December 31, 2010; the third begins January 1, 2011, and ends December 31, 2019.

(l) "Compliance period" means a 3-year calendar year period within a compliance cycle.

Each compliance cycle has three 3-year compliance periods. Within the first compliance cycle, the first compliance period runs from January 1, 1993, to December 31, 1995; the second from January 1, 1996, to December 31, 1998; the third from January 1, 1999, to December 31, 2001.

(m) "Comprehensive performance evaluation (CPE)" means a thorough review and analysis of a treatment plant's performance-based capabilities and associated administrative, operation, and maintenance practices. It is conducted to identify factors that may be adversely impacting a plant's capability to achieve compliance and emphasizes approaches that can be implemented without significant capital improvements. For purposes of compliance, the comprehensive performance evaluation shall consist of at least all of the following components:

(i) Assessment of plant performance.

(ii) Evaluation of major unit processes.

(iii) Identification and prioritization of performance limiting factors.

(iv) Assessment of the applicability of comprehensive technical assistance.

(v) Preparation of a CPE report.

(n) "Confluent growth" means a continuous bacterial growth that covers the entire filtration area of a membrane filter, or portion of a filtration area, in which bacterial colonies are not discrete.

(o) "Consecutive system" or "consecutive supply" means a public water supply that receives some or all of its finished water from 1 or more wholesale supplies. Delivery may be through a direct connection or through the distribution system of 1 or more consecutive supplies.

(p) "Construction" means the erection, installation, or alteration of a waterworks system, or any portion of a waterworks system, that affects any of the following:

(i) Flow.

(ii) Capacity.

(iii) System service area.

(iv) Source.

(v) Treatment.

(vi) Reliability.

(q) "Contested cases" means matters that are within the definition of a contested case as set forth by section 3(3) of 1969 PA 306, MCL 24.203(3), and matters of issue that involve any of the following which are issued by the director, the department, or the division under the act and these rules:

(i) Orders.

(ii) Exemptions.

(iii) Variances.

(iv) Stipulations.

(v) Consent agreements.

(vi) Permits.

(vii) Licenses.

(viii) Certificates.

(r) "Contested case hearing" means a hearing that is initiated by the department or a person under chapters 4, 5, and 6 of 1969 PA 306, MCL 24.271 to 24.306.

(s) "Contaminant" means a physical, chemical, biological, or radiological substance or matter in water.

(t) "Conventional filtration" means a series of processes, including coagulation, flocculation, sedimentation, and filtration, resulting in substantial particulate removal.

(u) "Corrosion inhibitor" means a substance that is capable of reducing the corrosivity of water toward metal plumbing materials, especially lead and copper, by forming a protective film on the interior surface of those materials.

(v) "Cross connection" means a connection or arrangement of piping or appurtenances through which a backflow could occur.

(w) "CT calculation" means the product of residual disinfectant concentration (C) in milligrams per liter determined at or before the first customer and the corresponding disinfectant contact time (T) in minutes; C*T is calculated at rated capacity. The total CT shall be the sum of individual CTs of each disinfectant sequence.

(x) "Customer service connection" means the pipe between a water main and customer site piping or building plumbing system.

(y) "Customer site piping" means an underground piping system owned or controlled by the customer that conveys water from the customer service connection to building plumbing systems and other points of use on lands owned or controlled by the customer.

Customer site piping does not include any system that incorporates treatment to protect public health.

**History**
- *History: 1979 AC; 1991 AACS; 1993 AACS; 1994 AACS; 2000 AACS; 2002 AACS; 2003 AACS; 2009 AACS; 2015 AACS.*

##### **Mich. Admin. Code R 325.10104** Definitions; D, E {#sec-r-325.10104 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10104}

Rule 104. As used in these rules:

(a) "Department" means the department of environmental quality or its authorized agent or representative.

(b) "Deviation" means an exception to a department rule establishing minimum standards or requirements issued in writing or as a condition to a permit to a public water supply.

(c) "Direct filtration" means a series of processes, including coagulation and filtration, but excluding sedimentation, resulting in substantial particulate removal.

(d) "Director" means the director of environmental quality or his or her authorized agent or representative.

(e) "Disinfectant contact time" (T in CT calculations) means the time in minutes that it takes for water to move from the point of disinfectant application or the previous point of disinfectant residual measurement to a point at or before the point where residual disinfectant concentration is measured. Disinfectant contact time in pipelines shall be calculated based on plug flow by dividing the internal volume of the pipe by the maximum hourly flow rate through that pipe. Disinfectant contact time within mixing basins and storage reservoirs shall be determined by tracer studies or an equivalent demonstration.

(f) "Disinfection profile" means a summary of Giardia lamblia inactivation, and in certain cases virus inactivation, through the treatment plant.

(g) "Distribution system" means a system that consists of the following components through which water is distributed and used or intended for use for drinking or household purposes:

(i) Piping.

(ii) Transmission or distribution mains.

(iii) Pumps.

(iv) Pumping stations.

(v) Storage tanks.

(vi) Controls.

(vii) Associated appurtenances.

(h) "Division" means the drinking water and radiological protection division of the department.

(i) "Domestic or other non-distribution system plumbing problem" means a coliform contamination problem in a public water supply which has more than 1 service connection that is limited to the specific service connection from which the coliform positive sample was taken.

(j) "Drawdown" means the difference between the static water level and the pumping water level in a well or, for a flowing artesian well, the difference between an established datum above ground and the pumping water level.

(k) "Dual sample set" means a set of 2 samples collected at the same time and same location, with 1 sample analyzed for TTHM and the other sample analyzed for HAA5. Dual sample sets are collected for the purpose of conducting an IDSE under R 325.10719g and determining compliance with the TTHM and HAA5 MCLs under R 325.10610d and R 325.10719h to R 325.10719n.

(l) "Effective corrosion inhibitor residual," for the purpose of lead and copper control, means a concentration that is sufficient to form a passivating film on the interior walls of a pipe.

(m) "Emergency" means a situation in a public water supply that results in contamination, loss of pressure, lack of adequate supply of water, or other condition that poses an imminent hazard or danger to the public health.

(n) "Enhanced coagulation" means the addition of sufficient coagulant for improved removal of disinfection byproduct precursors by conventional filtration treatment.

(o) "Enhanced softening" means the improved removal of disinfection byproduct precursors by precipitative softening.

(p) "EPA" means the United States environmental protection agency.

(q) "Equivalent certificate" means a certificate which is issued to certain individuals.

Individuals eligible for an equivalent certificate do not hold a current certificate but were issued certification before the effective date of the current rules.

(r) "Established ground surface" means the intended or actual finished grade or elevation of the surface of the ground at the site of a water supply facility.

(s) "Exemption" means an order, with appropriate conditions, time schedules, and compliance requirements, that is issued by the director to a public water supply permitting a public water supply to be in temporary noncompliance with a state drinking water standard, including a specified treatment technique.

**History**
- *History: 1979 AC; 1991 AACS; 1994 AACS; 1998 AACS; 2000 AACS; 2003 AACS; 2005 AACS; 2009 AACS.*

##### **Mich. Admin. Code R 325.10105** Definitions; F to L {#sec-r-325.10105 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10105}

Rule 105. As used in these rules:

(a) "Federal act" means the safe drinking water act of 1974, 42 U.S.C.§300f et seq. and the state and local assistance set forth in 40 C.F.R. part 35, §35.600 to §35.630; national primary drinking water regulations set forth in 40 C.F.R. part 141; and national primary drinking water regulations implementation set forth in 40 C.F.R. part 142 promulgated by EPA (2014) under the federal act.

(b) "Filter profile" means a graphical representation of individual filter performance, based on continuous turbidity measurements or total particle counts versus time for an entire filter run, from startup to backwash inclusively, that includes an assessment of filter performance while another filter is being backwashed.

(c) "Finished water" means water that is introduced into the distribution system of a public water supply and is intended for distribution and consumption without further treatment, except as treatment necessary to maintain water quality in the distribution system, for example, booster disinfection, addition of corrosion control chemicals.

(d) "Firm capacity," as applied to wells, pumping stations, or units of treatment systems, means the production capability of each respective part of the waterworks system with the largest well, pump, or treatment unit out of service.

(e) "First draw sample" means a 1-liter sample of tap water which has been standing in plumbing pipes for not less than 6 hours and which is collected without flushing the tap.

(f) "Flowing stream" means a course of running water flowing in a definite channel.

(g) "GAC10" means granular activated carbon filter beds with an empty-bed contact time of 10 minutes based on average daily flow and a carbon reactivation frequency of every 180 days, except that the reactivation frequency for GAC10 used as a best available technology for compliance with TTHM and HAA5 MCLs based on a locational running annual average under R 325.10610 is 120 days.

(h) "GAC20" means granular activated carbon filter beds with an empty-bed contact time of 20 minutes based on average daily flow and a carbon reactivation frequency of every 240 days.

(i) "Gravity storage tank" means an elevated or ground level finished water storage reservoir that, during normal use, operates under atmospheric pressure.

(j) "Ground water" or "groundwater" means the water in the zone of saturation in which all of the pore spaces of the subsurface material are filled with water.

(k) "Ground water under the direct influence of surface water (GWUDI)" means any water beneath the surface of the ground with significant occurrence of insects or other macroorganisms, algae, or large-diameter pathogens such as Giardia lamblia or Cryptosporidium, or significant and relatively rapid shifts in water characteristics, such as turbidity, temperature, conductivity, or pH, that closely correlate to climatological or surface water conditions. The department will determine direct influence for individual sources in accordance with this definition and R 325.10611(1) and will notify the supply of its determination.

(l) "Grout" means neat cement, concrete, or other sealing material which is approved by the department and which is used to seal a well casing in a well.

(m) "Haloacetic acids (five) (HAA5)" mean the sum of the concentrations in milligrams per liter of the haloacetic acid compounds (monochloroacetic acid, dichloroacetic acid, trichloroacetic acid, monobromoacetic acid, and dibromoacetic acid), rounded to 2 significant figures after addition.

(n) "Imminent hazard" means that, in the judgment of the director, there is a violation, or a condition that may cause a violation, of the state drinking water standards at a public water supply requiring immediate action to prevent endangering the health of people.

(o) "Initial compliance period" means January 1993 to December 1995. For a supply that has less than 150 service connections, the initial compliance period is January 1996 to December 1998 for contaminants listed in part 6 of these rules that have an effective date of January 17, 1994.

(p) "Lake/reservoir" means a natural or man-made basin or hollow on the Earth's surface in which water collects or is stored that may or may not have a current or single direction of flow.

(q) "Large water supply" or "large water system," for the purpose of lead and copper control, means a public water supply that serves more than 50,000 persons.

(r) "Lead service line" means either a service line which is made of lead or any lead pigtail, lead gooseneck, or other lead fitting that is connected to the service line, or both.

(s) "Level 1 assessment" means an evaluation to identify the possible presence of sanitary defects, defects in distribution system coliform monitoring practices, and (when possible) the likely reason that the supply triggered the assessment. Level 1 assessment shall be conducted by the supply operator or owner. Minimum elements include review and identification of atypical events that could affect distributed water quality or indicate that distributed water quality was impaired; changes in distribution system maintenance and operation that could affect distributed water quality (including water storage); source and treatment considerations that bear on distributed water quality, where appropriate (for example, whether a ground water supply is disinfected); existing water quality monitoring data; and inadequacies in sample sites, sampling protocol, and sample processing. The supply shall conduct the assessment consistent with any department directives that tailor specific assessment elements with respect to the size and type of the supply and the size, type, and characteristics of the distribution system.

(t) "Level 2 assessment" means an evaluation to identify the possible presence of sanitary defects, defects in distribution system coliform monitoring practices, and (when possible) the likely reason that the supply triggered the assessment. A level 2 assessment provides a more detailed examination of the supply (including the supply’s monitoring and operational practices) than does a level 1 assessment through the use of more comprehensive investigation and review of available information, additional internal and external resources, and other relevant practices. Level 2 assessment shall be conducted by the department. Minimum elements include review and identification of atypical events that could affect distributed water quality or indicate that distributed water quality was impaired; changes in distribution system maintenance and operation that could affect distributed water quality (including water storage); source and treatment considerations that bear on distributed water quality, where appropriate (for example, whether a ground water supply is disinfected); existing water quality monitoring data; and inadequacies in sample sites, sampling protocol, and sample processing. The department shall conduct the assessment tailoring specific assessment elements with respect to the size and type of the supply and the size, type, and characteristics of the distribution system. The supply shall comply with any expedited actions or additional actions required by the department in the case of an E. coli MCL violation.

(u) "License" means the license that is issued by the department to a water hauler, or for a water hauling tank, under section 18 of the act.

(v) "Limited treatment system" means a treatment system, including, but not limited to, disinfection, fluoridation, iron removal, ion exchange treatment, phosphate application, or filtration other than complete treatment.

(w) "Living unit" means a house, apartment, or other domicile occupied or intended to be occupied on a day-to-day basis by an individual, family group, or equivalent.

(x) "Locational running annual average (LRAA)" means the average of sample analytical results for samples taken at a particular monitoring location during the previous 4 calendar quarters.

Editor's Note: An obvious error in R 325.10105 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Michigan Register, 2018 MR 11. The memorandum requesting the correction was published in Michigan Register, 2018 MR 12.

**History**
- *History: 1979 AC; 1994 AACS; 2000 AACS; 2002 AACS; 2003 AACS; 2009 AACS; 2015 AACS; 2018 AACS.*

##### **Mich. Admin. Code R 325.10106** Definitions; M to O {#sec-r-325.10106 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10106}

Rule 106. As used in these rules:

(a) "Maximum residual disinfectant level (MRDL)" means a level of a disinfectant added for water treatment that may not be exceeded at the consumer's tap without an unacceptable possibility of adverse health effects.

(b) "Maximum TTHM potential" means the maximum concentration of total trihalomethanes produced in a given water containing a disinfectant residual after 7 days at a temperature of 25 degrees Centigrade or above.

(c) "MCL" means the maximum permissible level of a contaminant in water that is delivered to any user of a public water supply.

(d) "MDL" means method detection limit for analytical work done to determine compliance with the act.

(e) "Medium-size water system" or "medium-size water supply," for the purpose of lead and copper control, means a public water supply that serves more than 3,300 persons and fewer than or equal to 50,000 persons.

(f) "Membrane filtration" means a pressure or vacuum driven separation process in which particulate matter larger than 1 micrometer is rejected by an engineered barrier, primarily through a size-exclusion mechanism, and which has a measurable removal efficiency of a target organism that can be verified through the application of a direct integrity test. This definition includes the common membrane technologies of microfiltration, ultrafiltration, nanofiltration, and reverse osmosis.

(g) "Monitoring requirement" means a schedule, frequency, and location for the sampling and analysis of water that is required by the provisions of part 7 of these rules to determine whether a public water supply is in compliance with the state drinking water standards.

(h) "Near the first service connection" means at 1 of the 20% of all service connections in the entire system that are nearest the water supply treatment facility, as measured by water transport time within the distribution system.

(i) "Noncommunity supply" or "noncommunity water supply" or "noncommunity water system" means a public water supply that is not a community supply, but that has not fewer than 15 service connections or that serves not fewer than 25 individuals on an average daily basis for not less than 60 days per year.

(j) "Nontransient noncommunity water supply" or "nontransient noncommunity water system" or "NTNC" means a noncommunity public water supply that serves not fewer than 25 of the same individuals on an average daily basis over 6 months per year. This definition includes water supplies in places of employment, schools, and day-care centers.

(k) "NTU" means nephelometric turbidity unit.

(l) "One hundred-year drought elevation" means the minimum projected water surface elevation that would occur at a location once in a period of 100 years.

(m) "One hundred-year flood elevation" means the maximum projected water surface elevation that would occur at a location once in a period of 100 years.

(n) "Operating shift" means that period of time during which operator decisions that affect public health are necessary for proper operation of the waterworks system.

(o) "Operator" means an individual who operates a waterworks system or a portion of a waterworks system.

(p) "Operator in charge" means a certified operator who is designated by the owner of a public water supply as the responsible individual in overall charge of a waterworks system, or portion of a waterworks system, who makes decisions regarding the daily operational activities of the system that will directly impact the quality or quantity of drinking water.

(q) "Optimal corrosion control treatment," for the purpose of lead and copper control, means the corrosion control treatment that minimizes the lead and copper concentrations at users' taps while ensuring that the treatment does not cause the public water supply to be in violation of any national primary drinking water regulations.

**History**
- *History: 1979 AC; 1984 AACS; 1989 AACS; 1991 AACS; 1994 AACS; 2000 AACS; 2002 AACS; 2003 AACS; 2009 AACS.*

##### **Mich. Admin. Code R 325.10107** Definitions; P, R {#sec-r-325.10107 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10107}

Rule 107. As used in these rules:

(a) "Permit" means a public water supply construction permit that is issued to a supplier of water by the department under section 4 of the act, MCL 325.1004.

(b) "Person" means an individual, partnership, copartnership, cooperative, firm, company, public or private association or corporation, political subdivision, agency of the state, agency of the federal government, trust, estate, joint structure company, or any other legal entity, or their legal representative, agent, or assignee.

(d) "Pitless adapter" means a device or assembly of parts that permits water to pass through the wall of a well casing or extension of a well casing and that provides access to the well and to the parts of the system within the well in a manner that prevents the entrance of contaminants into the well and the water produced.

(e) "Plans and specifications" means drawings, data, and a true description or representation of an entire waterworks system or parts of the system as it exists or is to be constructed, and a statement of how a waterworks system must be operated.

(f) "Plant intake" means the works or structures at the head of a conduit through which water is diverted from a source, for example, river or lake, into the treatment plant.

(g) "Point-of-entry treatment device (POE)" means a treatment device applied to the drinking water entering a house or building for the purpose of reducing contaminants in the drinking water distributed throughout the house or building.

(h) "Point-of-use treatment devise (POU)" means a treatment device applied to a single tap used for the purpose of reducing contaminants in drinking water at that 1 tap.

(i) "Political subdivision" means a city, village, township, charter township, county, district, authority, or portion or combination of any of the entities specified in this subdivision.

(j) "PQL" means the practical quantitation levels. The PQL is the lowest concentration that can be reliably achieved by well-operated laboratories within specified limits of precision and accuracy during routine laboratory operating conditions.

(k) "Presedimentation" means a preliminary treatment process used to remove gravel, sand, and other particulate material from the source water through settling before the water enters the primary clarification and filtration processes in a treatment plant.

(l) "Production well" means a well that has been approved for use for a public water supply pursuant to part 8 of these rules.

(m) "Public hearing" means a hearing that is conducted by the director of the department on matters relating to the functions and responsibilities of the division and that seeks public input relevant to such functions and responsibilities.

(n) "Public water supply" or "public water system" means a waterworks system that provides water for drinking or household purposes to persons other than the supplier of the water, and does not include either of the following:

(i) A waterworks system that supplies water to only 1 living unit.

(ii) A waterworks system that consists solely of customer site piping.

(o) "Pumping water level" means the distance measured from an established datum at or above ground level to the water surface in a well being pumped at a known rate for a known period of time.

(p) "Rated treatment capacity" means 1 or any combination of the following capacities when water treatment is practiced:

(i) Rated capacity from an approved surface water supply, ground water supply under the direct influence of surface water, or complete treatment system as contained in R 325.11006.

(ii) Firm capacity from an approved ground water supply where firm capacity means the production capability of each respective component of the waterworks system with the largest well, pump, or treatment unit out of service.

(iii) Available capacity obtained under contract and capable of delivery from another approved public water supply.

(q) "Raw water" means water that is obtained from a source by a public water supply before the public water supply provides any treatment or distributes the water to its customers.

(r) "Regional administrator" means the EPA region V administrator.

(s) "Regulated VOCs" means a group of volatile organic chemicals for which state drinking water standards have been promulgated but does not include total trihalomethanes.

(t) "Removed from service" means physically disconnected from the waterworks system in a manner that would prevent the inadvertent use of the well and would require specific authorization from the public water supply to reconnect.

(u) "Repeat sample" means a sample that is collected and analyzed in response to a previous coliform-positive sample.

(v) "Resident" means an individual who owns or occupies a living unit.

(w) "Routine sample" means a water sample that is collected and analyzed to meet the monitoring requirements for total coliform, as outlined in the written sampling plan.

**History**
- *History: 1979 AC; 1989 AACS; 1991 AACS; 1994 AACS; 2000 AACS; 2002 AACS; 2005 AACS; 2009 AACS; 2020 AACS.*

##### **Mich. Admin. Code R 325.10108** Definitions; S {#sec-r-325.10108 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10108}

Rule 108. As used in these rules:

(a) "Sanitary defect" means a defect that could provide a pathway of entry for microbial contamination into the distribution system or that is indicative of a failure or imminent failure in a barrier that is already in place.

(b) "Sanitary survey" means an evaluation, including an on-site review of a waterworks system or a portion of the waterworks system, including all of the following applicable components for existing or potential health hazards for the purpose of determining the ability of the public water supply to produce, treat, and distribute adequate quantities of water meeting state drinking water standards:

(i) Source.

(ii) Treatment.

(iii) Distribution system.

(iv) Finished water storage.

(v) Pumps, pump facilities, and controls.

(vi) Monitoring, reporting, and data verification.

(vii) System management and operation.

(viii) Operator compliance with state requirements.

(c) "Seasonal supply" means a noncommunity water supply that is not operated as a public water supply on a year-round basis and starts up and shuts down at the beginning and end of each operating season.

(d) "Service connection" means a direct connection from a distribution water main to a living unit or other site to provide water for drinking or household purposes.

(e) “Service line” means the pipe from the discharge of the corporation fitting to customer site piping or to the building plumbing at the first shut-off valve inside the building, or 18 inches inside the building, whichever is shorter.

(f) "Service line sample" means a 1-liter sample of water that has been standing for not less than 6 hours in a service line.

(g) "Shift operator" means a certified operator, other than the operator in charge, who is in charge of an operating shift of a waterworks system.

(h) "Single-family structure," for the purpose of lead and copper control, means a building which is constructed as a single-family residence and which is currently used as either a residence or a place of business.

(i) "Small water supply" or "small water system," for the purpose of lead and copper control, means a public water supply that serves fewer than 3,301 persons.

(j) "SOC" means synthetic organic chemical.

(k) "Source" means the point of origin of raw water or means treated water that is purchased or obtained by a public water supply, by a water hauler, or by a person who provides bottled water.

(l) "State drinking water standards" means quality standards setting limits for contaminant levels or establishing treatment techniques to meet standards necessary to protect the public health.

(m) "Static water level" means the distance measured from an established datum at or above ground level to the water surface in a well which is not being pumped, which is not under the influence of pumping, and which is not flowing under artesian pressure.

(n) "Subpart H system" or "subpart H supply" means a public water supply using surface water or ground water under the direct influence of surface water as a source.

(o) "Suction line" means a pipe or line that is connected to the inlet side of a pump or pumping equipment.

(p) "Supplier of water" or "supplier" means a person who owns or operates a public water supply, and includes a water hauler.

(q) "Surface water" means water that rests or flows on the surface of the ground.

(r) "SUVA" means specific ultraviolet absorption at 254 nanometers (nm), an indicator of the humic content of water. It is a calculated parameter obtained by dividing a sample's ultraviolet absorption at a wavelength of 254 nm (uv254) (in m-1) by its concentration of dissolved organic carbon (DOC) (in mg/l). Therefore, SUVA units are l/mg-m.

(s) "System with a single service connection" means a public water supply that supplies drinking water to consumers through a single service line.

**History**
- *History: 1979 AC; 1991 AACS; 1993 AACS; 1994 AACS; 2000 AAS; 2002 AACS; 2003 AACS; 2009 AACS; 2015 AACS; 2018 AACS.*

##### **Mich. Admin. Code R 325.10109** Definitions; T to Y {#sec-r-325.10109 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10109}

Rule 109. As used in these rules:

(a) "Test well" means a well that is drilled on a site that has not been approved for use as a production well in accordance with the provisions of part 8 of these rules.

(b) "Too numerous to count" means that the total number of bacterial colonies is more than 200 on a 47 millimeter diameter membrane filter.

(c) "Total organic carbon" or "TOC" means total organic carbon in mg/l measured using heat, oxygen, ultraviolet irradiation, chemical oxidants, or combinations of these oxidants that convert organic carbon to carbon dioxide, rounded to 2 significant figures.

(d) "Total trihalomethanes" or "TTHM" means the sum of the concentration, in milligrams per liter, rounded to 2 significant figures, of all of the following:

(i) The trihalomethane compounds.

(ii) Trichloromethane (chloroform).

(iii) Dibromochloromethane.

(iv) Bromodichloromethane.

(v) Tribromomethane (bromoform).

(e) "Transient noncommunity water supply" or "transient noncommunity water system" means a noncommunity supply that does not meet the definition of nontransient noncommunity water supply in R 325.10106(h).

(f) "Treatment system" means a facility or structure and associated appurtenances installed for the purpose of treating drinking water before delivery to a distribution system.

(g) "Treatment technique" means a minimum treatment requirement or a necessary methodology or technology that is employed by a public water supply for the control of the chemical, physical, biological, or radiological characteristics of the public water supply.

(h) "Trihalomethane" or "THM" means 1 of the family of organic compounds named as derivatives of methane, wherein 3 of the 4 hydrogen atoms in methane are each substituted by a halogen atom in the molecular structure.

(i) "Two-stage lime softening" means a process in which chemical addition and hardness precipitation occur in each of 2 distinct unit clarification processes in series prior to filtration.

(j) "Unregulated contaminants" means a group of contaminants for which state drinking water standards have not been promulgated, but for which monitoring requirements apply.

(k) "Variance" means an order, with appropriate conditions and compliance schedules and requirements, which is issued by the director to a public water supply and which permits a public water supply to be in noncompliance with a state drinking water standard, including a specified treatment technique.

(l) "VOC" means volatile organic chemical.

(m) "Water hauler" means a person engaged in bulk vehicular transportation of water to other than the water hauler's own household which is intended for use or used for drinking or household purposes. Excluded from this definition are those persons providing water solely for employee use.

(n) "Water transportation tank" means a tank that is associated with an over the road vehicle that is used for the bulk transport of drinking water.

(o) "Waterworks system" or "system" means a system of pipes and structures through which water is obtained and distributed, including, but not limited to all of the following which are actually used or intended for use for the purpose of furnishing water for drinking or household purposes:

(i) Wells and well structures, intakes, and cribs.

(ii) Pumping stations.

(iii) Treatment plants.

(iv) Storage tanks.

(v) Pipelines and appurtenances.

(vi) A combination of the items specified in this subdivision.

(p) "Wholesale system" or "wholesale supply" means a public water supply that treats source water as necessary to produce finished water and then delivers some or all of that finished water to another public water supply. Delivery may be through a direct connection or through the distribution system of 1 or more consecutive supplies.

(q) "Year-round service" means the ability of a supplier of water to provide drinking water on a continuous basis to a living unit or facility.

**History**
- *History: 1979 AC; 1984 AACS; 1989 AACS; 1991 AACS; 1993 AACS; 1994 AACS; 1998 AACS; 2000 AACS; 2002 AACS; 2003 AACS; 2009 AACS.*

##### **Mich. Admin. Code R 325.10110** Definitions; parts 6 and 7 {#sec-r-325.10110 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10110}

Rule 110. As used in part 6 and part 7 of these rules:

(a) "Dose equivalent" means the product of the absorbed dose from ionizing radiation and such factors as account for differences in biological effectiveness due to the type of radiation and its distribution in the body as specified by the ICRU.

(b) "Gross alpha particle activity" means the total radioactivity due to alpha particle emission as inferred from measurements on a dry sample.

(c) "Gross beta particle activity" means the total radioactivity due to beta particle emission as inferred from measurements on a dry sample.

(d) "ICRU" means the international commission on radiological units and measurements.

(e) "Man-made beta particle and photon emitters" means all radionuclides emitting beta particles or photons, or both, listed in "Maximum Permissible Body Burdens and Maximum Permissible Concentrations of Radionuclides in Air or in Water for Occupational Exposure," NCRP Report 22, 1963, as adopted by reference in R 325.10112, except the daughter product of thorium 232, uranium 235, and uranium 238.

(f) "Picocurie" or "pCi" means that quantity of radioactive material producing 2.22 nuclear transformations per minute.

(g) "Rem" means the unit of dose equivalent from ionizing radiation to the total body or any internal organ or organ system. A millirem is 1/1000 of a rem.

**History**
- *History: 1979 AC; 2000 AACS.*

##### **Mich. Admin. Code R 325.10111** Rescinded {#sec-r-325.10111 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10111}

**History**
- *History: 1979 AC; 2000 AACS.*

##### **Mich. Admin. Code R 325.10112** Adoption by reference {#sec-r-325.10112 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10112}

Rule 112. (1) The materials adopted by reference in this rule are available for inspection at the offices of the department or from the sources, or available on the Internet. The contact information for the department and each source for the materials are listed in R 325.10116 addresses. The purchase prices are at the time of adoption of these rules.

(2) Report 22, 1963, Maximum Permissible Body Burdens and Maximum Permissible Concentrations of Radionuclides in Air and in Water for Occupational Exposure is adopted by reference. The material is referenced in R 325.10603. The material is available for purchase for $20.00 from the National Council on Radiation Protection and Measurements.

(3) NSF international standards are available for purchase from NSF International or on the Internet at http://www.nsf.org. The department adopts by reference all of the following NSF standards:

Standard Name Date Price Rule Reference 44-2013 Residential Cation Exchange Water Softeners 06/11/2013$165.00R 325.10313 53-2013 Drinking Water Treatment Units - Health Effects 06/11/2013$165.00R 325.10313 58-2013 Reverse Osmosis Drinking Water Treatment Systems 12/01/2013$165.00R 325.10313 60-2012 Drinking Water Treatment Chemicals -Health Effects 08/22/2012$325.00R 325.12102 61-2012 Drinking Water System Components -Health Effects 07/08/2012$325.00R 325.12102 61-2012 addendum Addendum: Drinking Water System Components - Health Effects 03/26/2013$45.00 R 325.12102 62-2013 Drinking Water Distillation Systems 06/11/2013$165.00R 325.10313 (4) Title 40 of the Code of Federal Regulations is available on the Internet at http://www.ecfr.gov or contained in 40 CFR parts 136 to 149 available from the superintendent of documents for $67.00. The department adopts by reference both of the following 40 CFR materials:

(a) 40 CFR §141.42(d) Special Monitoring for Corrosivity Characteristics, December 5, 1994, referenced in R 325.10710a.

(b) CT99.9 values in Tables 1.1 to 1.6, 2.1 and 3.1 of 40 CFR §141.74(b)(3)(v) analytical and monitoring requirements, (2014), referenced in R 325.10722.

(5) CT99.99 values in the tables in appendix b of the LT1ESWTR Disinfection Profiling and Benchmarking Technical Guidance Manual, May 2003, are adopted by reference. The material is referenced in R 325. 10722. The guidance manual is accessible on the Internet at http://www.epa.gov/safewater/mdbp/lt1eswtr.html or available for purchase for $32.50 from Educational Realms (document C-900) at 1929 Kenny Road, Columbus, Ohio 43210- 1080, Internet address www.stemworks.org, telephone number 800-276-0462.

**History**
- *History: 1979 AC; 1998 AACS; 2000 AACS; 2002 AACS; 2009 AACS; 2015 AACS.*

##### **Mich. Admin. Code R 325.10113** Compliance with rules; guideline information {#sec-r-325.10113 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10113}

Rule 113. Public water supplies may use the information in the following publications as guideline documents to comply with these rules:

(a) Recommended standards for water works, prepared by the Great Lakes--upper Mississippi river board of state sanitary engineers, is available for inspection at the department offices in Lansing, and may be purchased at a cost of $12.00 from the Health Education Services, P.O. Box 7126, Albany, New York 12224 telephone 518-439-7286, Internet http://www.hes.org/.

(b) The American water works association manual M 19, emergency planning for water utilities, 2001, as referred to in part 23, is available for inspection at the department offices in Lansing, and may be purchased at a cost of $95.00 from the American Water Works Association, 6666 West Quincy Avenue, Denver, Colorado 80235, telephone 1-800-926- 7337, Internet www.awwa.org.

(c) Suggested practices for waterworks design, construction, and operation for type I public water supplies, February 2008, prepared by the Michigan department of environmental quality, is available for inspection at the department offices in Lansing and on the Internet at http://www.michigan.gov/deq.

(d) Best practices manual for cross connection control, fourth edition, October 2008, prepared by the Michigan department of environmental quality, is available for inspection at the department offices in Lansing and on the Internet at http://www.michigan.gov/deq.

(e) Reference Guide for Asset Management Tools: Asset Management Plan Components and Implementation Tools for Small and Medium sized Drinking Water and Wastewater Systems, May 2014, prepared by the U.S. Environmental Protection Agency, document number EPA 816-B-14-001 is available for inspection at the department offices in Lansing.

**History**
- *History: 1979 AC; 2000 AACS; 2009 AACS; 2015 AACS.*

##### **Mich. Admin. Code R 325.10114** Recissions {#sec-r-325.10114 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10114}

Rule 114. The following rules of the department are rescinded:

(a) Rules entitled "Municipal Water Supplies," being R 325.480 to R 325.491 of the Michigan Administrative Code, and appearing on pages 2263 to 2264 of the 1954 volume of the Code.

(b) Rules entitled "Regulations Providing Minimum Standards for the Location and Construction of Certain Water Supplies in the State of Michigan," being R 325.1451 to R 325.1461 of the Michigan Administrative Code, and appearing on pages 3205 to 3210 of the 1964-65 Annual Supplements to the Code.

(c) Rules entitled "Operation of Plants Furnishing Water Supply," being R 325.371 to R 325.374 of the Michigan Administrative Code, and appearing on pages 2253 of the 1954 volume of the Code.

(d) Rules entitled "Certification of Water Treatment Plant Personnel," being R 325.551 to R 325.572 of the Michigan Administrative Code, and appearing on pages 2278 to 2282 of the 1954 volume of the Code.

(e) Rules entitled "Water Supply Cross-Connections," being R 325.431 to R 325.440 of the Michigan Administrative Code, appearing on pages 6129 to 6131 of the 1972 Annual Supplement to the Code.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.10115** Remedies and penalties {#sec-r-325.10115 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10115}

Rule 115. A person who violates any of the provisions of these rules shall be subject to the remedies and penalties as prescribed by sections 21 and 22 of the act.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.10116** Addresses {#sec-r-325.10116 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10116}

Rule 116. The following are addresses and contact information of the department and other organizations referred to in these rules:

(a) Department of Environment, Great Lakes, and Energy, Drinking Water and Environmental Health Division, 525 West Allegan Street, Post Office Box 30817, Lansing, MI 48909-8311, Telephone 800-662-9278. Internet address: http://www.michigan.gov/egle.

(b) National Council on Radiation Protection and Measurements, 7910 Woodmont Avenue, Suite 400, Bethesda, Maryland 20814-3095, Telephone 301-657-2652. Internet address: http://www.ncrponline.org/.

(c) NSF International, P.O Box 130140, 789 North Dixboro Road, Ann Arbor, Michigan 48105, Telephone 734-769-8010 or 800-673-6275, email info@nsf.org, Internet address http://www.nsf.org.

(d) Superintendent of Documents, U.S. Government Publishing Office, P.O. Box 979050, St. Louis, MO 63197-9000, Telephone 202-512-1800. Internet address to purchase documents online is http://bookstore.gpo.gov.

PART 2. HEARINGS AND CONTESTED CASES

**History**
- *History: 2002 AACS; 2009 AACS; 2015 AACS; 2020 AACS.*

##### **Mich. Admin. Code R 325.10201** Public hearings; applicable law {#sec-r-325.10201 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10201}

Rule 201. Public hearings conducted by the division pursuant to the act and these rules shall be in accordance with, and subject to, Act No. 306 of the Public Acts of 1969, as amended, being §§24.201 to 24.315 of the Michigan Compiled Laws.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.10202** Requests for public hearings {#sec-r-325.10202 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10202}

Rule 202. (1) If a person requests the division to schedule a public hearing, the request shall be made in writing and shall include all of the following information:

(a) The name, address, and telephone number of the person requesting the public hearing.

(b) A brief statement of the reason for the request and the relationship of the person to the subject for which the public hearing is requested.

(c) A brief statement of the information that the person requesting the public hearing intends to submit at the public hearing.

(2) After receipt of the request for public hearing, the chief of the bureau of environmental and occupational health shall make a determination as to the need for a hearing. If the chief of the bureau grants the public hearing, it shall be scheduled and conducted in accordance with, and subject to, Act No. 306 of the Public Acts of 1969, as amended.

(3) If the chief of the bureau denies the public hearing, he shall notify the person requesting the public hearing in writing of his decision and shall state his reasons for denial of the hearing.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.10203** Contested cases; applicable law; appearances; service of notices and orders {#sec-r-325.10203 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10203}

Rule 203. (1) Division administrative procedures in contested cases and judicial review thereof shall be in accordance with, and subject to, chapters 4, 5, and 6 of Act No. 306 of the Public Acts of 1969, as amended, being §§24.271 to 24.306 of the Michigan Compiled Laws.

(2) Appearances at a contested case hearing shall be either in person or by duly authorized agent. Legal counsel may represent a person in a contested case.

(3) Service of notices, orders, and final orders shall be by personal service or by certified mail, or both, upon the parties named in the proceedings.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.10204** Initiation of contested case hearing {#sec-r-325.10204 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10204}

Rule 204. (1) Contested case hearings may be initiated by the chief of the bureau of environmental and occupational health. Except in the case of suspension or revocation of a license, permit, order, variance, or exemption, the chief of the bureau shall initiate a contested case hearing by notice mailed by certified mail not less than 21 days prior to the hearing.

(2) A person requesting a contested case hearing shall file a petition with the division in Lansing, Michigan. The petition shall state the legal authority under which the hearing is requested, a brief statement of the matters asserted, a statement of the relationship of the petitioner to the issue, and a statement of relief sought.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.10205** Notice of contested case hearing {#sec-r-325.10205 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10205}

Rule 205. When a contested case hearing is initiated, the division shall provide notice to those known persons who may be materially affected by the proceedings. The notice shall be by mail or by publication, or both, as may be necessary.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.10206** Hearing officer; record of proceedings; proposal for decision {#sec-r-325.10206 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10206}

Rule 206. That portion of a contested case hearing in which testimony and evidence is to be taken may be referred to a hearing officer who shall be designated and authorized by the director to preside at the hearing. The hearing officer shall hear the evidence and prepare a record of the proceedings and a proposal for decision, including findings of fact and conclusions of law. The record of the proceedings and proposal for decision shall be filed at the office of the director as soon as possible after completion of the hearing. A copy of the proposal for decision shall be served by certified mail on all other parties to the proceedings.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.10207** Division files and records; availability; evidence {#sec-r-325.10207 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10207}

Rule 207. The files and records of the division specified in notices of determination and hearing, except those materials exempted by section 13 of Act No. 442 of the Public Acts of 1976, being §15.243 of the Michigan Compiled Laws, shall be available before or at contested case hearings held by the director or by the hearing officer, and the whole, or a part thereof, may be offered at a hearing as evidence on behalf of the division.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.10208** Stipulations and consent orders; final orders {#sec-r-325.10208 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10208}

Rule 208. (1) A person cited to appear at a hearing noticed by the division, and who desires to dispose of the contested case by stipulation or consent order, may mail to the director not later than 10 days before the date set for hearing his written consent to the terms and conditions of the proposed order or other form of action as set forth in the notice of determination and hearing. Agreement between the parties on the terms and conditions of a stipulation or consent order shall constitute sufficient cause for the director to dispose of the contested case without further hearing.

(2) After the hearing officer has submitted his proposal for decision, the director shall issue a final order on the matter. A certified copy of the final order shall be prepared and served by certified mail on the contesting parties or their attorneys together with the director's finding containing a resume of the facts and grounds for decision.

PART 3. VARIANCES, EXEMPTIONS, AND TREATMENT TECHNOLOGIES

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.10301** Purpose {#sec-r-325.10301 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10301}

Rule 301. The purpose of this part is to prescribe procedures by which the department may grant or deny a variance or exemption from a state drinking water standard pursuant to the provisions of section 20 of the act and in accordance with the federal act.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.10302** Form {#sec-r-325.10302 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10302}

Rule 302. If a variance or exemption is granted by the department to a supplier of water, it shall be in the form of an enforceable administrative order, approved as to form by the department of the attorney general. The order shall contain applicable conditions, specific compliance requirements, and time schedules for compliance.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.10303** Request for variance or exemption from state drinking water standards generally {#sec-r-325.10303 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10303}

Rule 303. (1) A variance or exemption from a state drinking water standard shall not be granted with respect to either of the following:

(a) MCLs for E. coli and total coliform. Beginning April 1, 2016, the total coliform MCL is no longer effective.

(b) Treatment technique requirements of filtration and disinfection under R 325.10611 to R 325.10611c.

(2) A supplier of water who wishes to request a variance or exemption from a state drinking water standard shall make that request, in writing, to the department not less than 90 days before the date on which the supplier of water wishes the variance or exemption to be effective. The request shall be made in a manner prescribed by the department and shall contain all information required by this part and the federal act.

(3) Requests for variances or exemptions from state drinking water standards for more than 1 MCL or treatment technique shall be made separately.

**History**
- *History: 1979 AC; 1991 AACS; 2015 AACS.*

##### **Mich. Admin. Code R 325.10304** Variance from MCL or treatment technique; required finding {#sec-r-325.10304 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10304}

Rule 304. Variances from an MCL or treatment technique other than those prohibited in R 325.10303 may be granted by the director only upon his or her specific finding that either of the following conditions exists:

(a) The supplier of water demonstrates that the characteristics of the raw water source or sources which are reasonably available to the public water supply do not permit the public water supply to meet the maximum contaminant level specified in a state drinking water standard despite application of the best available treatment technology, techniques, or other means which the department finds are generally available, taking costs into consideration, and that the granting of a variance will not result in an unreasonable risk to the health of persons served by the public water supply.

(b) The supplier of water demonstrates that a specific treatment technique is not necessary to protect the health of persons served by the public water supply, and that the granting of the variance will not result in an unreasonable risk to the health of persons served by the public water supply.

**History**
- *History: 1979 AC; 1991 AACS; 2015 AACS.*

##### **Mich. Admin. Code R 325.10305** Request for variance; included information {#sec-r-325.10305 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10305}

Rule 305. A supplier of water who requests a variance from the department shall include on the request for variance the following information, where applicable:

(a) The nature and duration of the variance requested.

(b) Relevant water quality data of the public water supply, including the results of tests conducted pursuant to part 7 of these rules and the act.

(d) Economic and legal factors relevant to the ability to comply with an MCL or treatment technique.

(e) Raw water quality data relevant to the variance requested.

(f) A proposed compliance schedule including the date by which each step toward compliance shall be achieved. A compliance schedule shall include, but not necessarily be limited to, all of the following:

(i) The date by which an arrangement for an alternative raw water source or improvement of the existing raw water source shall be completed.

(ii) The anticipated date of initiation of the connection to the alternative raw water source or the improved existing raw water source.

(g) A plan for interim control measures during the duration of the variance requested, including the provision of safe drinking water in the case of a rise in the contaminant level.

(h) A statement that the supplier of water shall perform monitoring and other reasonable requirements as may be prescribed by the director as a condition to a variance.

(i) Other information believed to be pertinent to the request for variance by the director or the supplier of water.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.10306** Exemption from MCL or treatment technique; required finding {#sec-r-325.10306 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10306}

Rule 306. Exemptions from an MCL or treatment technique other than those prohibited in R 325.10303 may be granted by the director only upon his or her specific finding that all of the following conditions exist:

(a) Due to compelling factors, including economic factors, a public water supply is not able to comply with an MCL or treatment technique.

(b) A public water supply for which an exemption is requested was in operation on the effective date of the state drinking water standard.

(c) The supplier of water demonstrates that the granting of an exemption will not result in an unreasonable risk to the health of persons using the public water supply.

**History**
- *History: 1979 AC; 1991 AACS; 2015 AACS.*

##### **Mich. Admin. Code R 325.10307** Request for exemption; included information {#sec-r-325.10307 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10307}

Rule 307. A supplier of water who requests an exemption from the department shall include on the request for an exemption all of the following information:

(a) The nature and duration of the exemption requested.

(b) Relevant water quality data of the public water supply, including the results of tests conducted pursuant to part 7 of these rules and the act.

(d) A complete explanation of the compelling factors, including, but not limited to, time and economic factors which prevent the public water supply from achieving compliance.

(e) A proposed compliance schedule, including a date by which each step toward compliance shall be achieved.

(f) The date by which final compliance is to be achieved.

(g) Other information believed by the director or the supplier of water to be pertinent to the request for exemption.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.10308** Review of request for variance or exemption {#sec-r-325.10308 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10308}

Rule 308. In his review of a request for a variance or an exemption the director shall take at least the following into consideration:

(a) The availability and effectiveness of all methods which may be employed by the supplier of water to comply with the MCL or treatment technique for which the variance or exemption is requested.

(b) Cost and other economic considerations, such as implementing treatment, improving the quality of the raw water source, using an alternative raw water source, or otherwise bringing the public water supply into compliance.

(d) Source protection measures employed by the public water supply.

(e) Construction or modification of treatment equipment or systems.

(f) The time required to put into operation a new treatment system to replace an existing treatment system which is not in compliance, or other facilities or other means to bring the public water supply into compliance.

(g) Risk to the health of persons served by the public water supply.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.10308a** Variances from MCL for total trihalomethanes {#sec-r-325.10308a omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10308a}

Rule 308a. (1) The department identifies all of the following as the best technology, treatment technique, or other means generally available for achieving compliance with the maximum contaminant level for total trihalomethanes as established in R 325.10604a:

(a) Use of chloramines as an alternate or supplemental disinfectant or oxidant.

(b) Use of chlorine dioxide as an alternate or supplemental disinfectant or oxidant.

(d) Moving the point of chlorination to reduce TTHM formation and, where necessary, substituting chloramines, chlorine dioxide, or potassium permanganate for the use of chlorine as a pre-oxidant.

(e) Use of powdered, activated carbon for THM precursor or TTHM reduction seasonally or intermittently at dosages not to exceed 10 milligrams per liter on an annual average basis.

(2) The department shall require a community supply to install or use, or both, any treatment method identified in subrule (1) of this rule as a condition for granting a variance, unless the department determines that the treatment method identified in subrule (1) of this rule is not available and effective for TTHM control for the system. A treatment method shall not be considered to be available and effective for a community supply if the treatment method would not be technically appropriate and technically feasible for that supply or would only result in a marginal reduction in TTHM for the community supply. Upon application by a supplier of water for a variance, if the department determines that none of the treatment methods identified in subrule (1) of this rule is available and effective for the community supply, the supplier of water shall be entitled to a variance pursuant to section 20 of the act. The department's determination as to the availability and effectiveness of the treatment methods shall be based upon studies by the supplier of water and other relevant information. If a supplier of water submits information to demonstrate that a treatment method is not available and effective for TTHM control for that community supply, the department shall determine whether the information supports a finding that the treatment method is not available and effective for that supply before requiring installation or use, or both, of the treatment method.

(3) Pursuant to R 325.10305, the department shall require a schedule of compliance to be established that may require the community supply being granted the variance to examine any or all of the following treatment methods to determine the probability that any of the methods will significantly reduce the level of TTHM for that community supply:

(a) Introduction of off-line water storage for THM precursor reduction.

(b) Aeration for TTHM reduction, where geographically and environmentally appropriate.

(d) Consideration of alternative sources of raw water.

(e) Use of ozone as an alternate or supplemental disinfectant or oxidant. If the probability exists, the supplier of water shall determine whether any of the treatment methods is technically feasible and economically reasonable, and that the TTHM reductions obtained will be commensurate with the costs incurred with the installation and use of the treatment methods for that community supply.

(4) If the department determines that a treatment method identified in subrule (3) of this rule is technically feasible, economically reasonable, and will achieve TTHM reductions commensurate with the costs incurred with the installation or use, or both, of such treatment method for the community supply, the supplier of water shall be requested to install or use, or both, that treatment method in connection with a compliance schedule pursuant to R 325.10310. The department's determination shall be based upon studies by the supplier of water and other relevant information. The supplier of water shall not install or use a treatment method not described in subrule (1) or (3) of this rule to obtain or maintain a variance from the requirements of R 325.10604a or in connection with any variance compliance schedule.

**History**
- *History: 1984 AACS.*

##### **Mich. Admin. Code R 325.10308b** Best available technology {#sec-r-325.10308b omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10308b}

Rule 308b. (1) The department identifies the following as the best technology, treatment technique, or other means generally available for achieving compliance with the MCL:

(a) For organic contaminants in R 325.10604b, R325.10604d, and R 325.10604g the best available technologies, treatment techniques, or other means available for achieving compliance with the MCLs are granular activated carbon (GAC), packed tower aeration (PTA), or oxidation (OX), as listed in table 1 of this rule.

Table 1 Best available technologies for organic contaminants ContaminantGACPTAOX Alachlorx Aldicarbx Aldicarb sulfonex Aldicarb sulfoxidex Atrazinex Benzenexx Benzo(a)pyrenex Carbofuranx Carbon tetrachloridexx Chlordanex Dalaponx 2,4 Dx Di (2 ethylhexyl)adipatexx Di (2 ethylhexyl)phthalatex Dibromochloropropane (DBCP)xx o Dichlorobenzenexx para Dichlorobenzenexx 1,2 Dichloroethanexx 1,1 Dichloroethylenexx cis 1,2 Dichloroethylenexx trans 1,2 Dichloroethylenexx Dichloromethanex 1,2 Dichloropropanex x Dinosebx ContaminantGACPTAOX Diquatx Endothallx Endrinx Ethylbenzenexx Ethylene Dibromide (EDB)xx Glyphosatex Heptachlorx Heptachlor epoxidex Hexachlorobenzenex Hexachlorocyclopentadienexx Hexafluoropropylene oxide dimer acid (HFPO- DA) x Lindanex Methoxychlorx Monochlorobenzenexx Oxamyl (Vydate)x Pentachlorophenolx Perfluorobutanesulfonic acid (PFBS)x Perfluorohexanesulfonic acid (PFHxS)x Perfluorohexanoic acid (PFHxA)x Perfluorononanoic acid (PFNA)x Perfluorooctanesulfonic acid (PFOS)x Perfluorooctanoic acid (PFOA)x Picloramx Polychlorinated biphenyls(PCB)x Simazinex Styrenexx 2,3,7,8 TCDD (Dioxin)x Tetrachloroethylenexx Toluenexx Toxaphenex 2,4,5 TP (Silvex)x 1,2,4 Trichlorobenzenexx 1,1,1 Trichloroethanexx 1,1,2 Trichloroethanexx Trichloroethylenexx Vinyl chloridex Xylenexx Best available technology is GAC or an equally efficient technology.

(b) For inorganic contaminants in R 325.10604c, the best available technologies, treatment techniques, or other means available for achieving compliance with the MCLs are listed in table 2 of this rule. The affordable technology, treatment technique, or other means available to supplies serving 10,000 or fewer people for achieving compliance with the maximum contaminant level for arsenic are listed in table 3 of this rule.

Table 2 Best available technologies for inorganic contaminants Chemical nameBest available technologies Antimony2,7 Arsenic 1,2, 5,6,7,9,11 Asbestos2,3,8 Barium5,6,7,9 Beryllium1,2,5,6,7 Cadmium2,5,6,7 Chromium2,5,6 ,7 Cyanide5,7,10 Mercury2 ,4,6 ,7 Nickel5,6,7 Nitrate5,7,9 Nitrite5,7 Selenium1,2 ,6,7,9 Thallium1,5 Best available technology only if influent Hg concentrations are 10 μg/l or less.

Best available technology for chromium III only.

Best available technology for selenium IV only.

BATs for Arsenic V. Pre-oxidation may be required to convert Arsenic III to Arsenic V.

To obtain high removals, iron to arsenic ratio must be at least 20:1.

Key to best available technologies in table: 1 = activated alumina 2 = coagulation/filtration (not BAT for supplies with fewer than 500 service connections) 3 = direct and diatomite filtration 4 = granular activated carbon 5 = ion exchange 6 = lime softening (not BAT for supplies than 500 service connections) 7 = reverse osmosis 8 = corrosion control 9 = electrodialysis 10 = alkaline chlorination (pH greater than or equal to 8.5) 11 = oxidation/filtration Table 3 Small supplies compliance technologies (SSCTs) for arsenic Small supply compliance technology Affordable for listed small supply categories.

Activated alumina (centralized)All size categories.

Small supply compliance technology Affordable for listed small supply categories.

Activated alumina (point-of-use)

All size categories.

Coagulation/filtration501-3,300, 3,301-10,000.

Coagulation-assisted microfiltration501-3,300, 3,301-10,000.

Electrodialysis reversal501-3,300, 3,301-10,000.

Enhanced coagulation/filtrationAll size categories.

Enhanced lime softening (pH more than 10.5)

All size categories.

Ion exchangeAll size categories.

Lime softening501-3,300, 3,301-10,000.

Oxidation/filtration All size categories.

Reverse osmosis (centralized)501-3,300, 3,301-10,000.

Reverse osmosis (point-of-use)

All size categories.

SSCTs for Arsenic V. Pre-oxidation may be required to convert Arsenic III to Arsenic V.

Three categories of small supplies are: (i) those serving 25 or more, but fewer than 501, (ii) those serving more than 500, but fewer than 3,301, and (iii) those serving more than 3,300, but fewer than 10,001.

POU must not be used to obtain a variance.

To obtain high removals, iron to arsenic ratio must be at least 20:1.

(c) For radionuclide contaminants in R 325.10603, the best available technologies, treatment techniques, or other means available for achieving compliance with the MCLs are listed in table 4 for all size supplies. The affordable technology, treatment technique, or other means available for achieving compliance with the maximum contaminant level are listed in table 5 for supplies serving 10,000 or fewer people as categorized in table 6.

Table 4 Best available technologies for radionuclide contaminants ContaminantBest available technologies.

Combined radium 226 and radium Ion exchange, reverse osmosis, lime softening.

Uranium Ion exchange, reverse osmosis, lime softening, coagulation/filtration.

Gross alpha particle activity (excluding radon and uranium)

Reverse osmosis.

Beta particle and proton radioactivityIon exchange, reverse osmosis.

Table 5 List of small supplies compliance technologies for radionuclides and limitations to use Unit Technologies Limitations (see footnotes)

Operator skill level required * Raw water quality range and considerations.

1. Ion exchange(a)IntermediateAll ground waters.

2. Reverse osmosis (RO)

(b) Advanced Surface waters usually require prefiltration.

3. Lime softening(c)AdvancedAll waters.

4. Green sand filtration (d) Basic 5. Co-precipitation and Barium sulfate (e) Intermediate to Advanced Ground waters with suitable water quality.

6. Electrodialysis/ electrodialysis reversal Not applicable Basic to intermediate All ground waters.

7. Pre-formed hydrous Manganese oxide filtration.

(f) Intermediate All ground waters.

8. Activated alumina (a), (g) Advanced All ground waters; competing anion concentrations may affect regeneration frequency.

9. Enhanced coagulation/ filtration (h) Advanced Can treat a wide range of water qualities. * An operator with a basic skill level has minimal experience in the water treatment field and can perform the necessary system operation and monitoring if provided with proper instruction. The operator is capable of reading and following explicit directions.

An operator with an intermediate skill level understands the principles of water treatment and has a knowledge of the regulatory framework. The operator is capable of making system changes in response to source water fluctuations. An operator with an advanced skill level possesses a thorough understanding of the principles of system operation. The operator is knowledgeable in water treatment and regulatory requirements. The operator may, however, have advanced knowledge of only the particular treatment technology.

The operator seeks information, remains informed, and reliably interprets and responds to water fluctuations and system intricacies.

Limitations Footnotes: Technologies for Radionuclides:

a. The regeneration solution contains high concentrations of the contaminant ions.

Disposal options must be carefully considered before choosing this technology.

b. Reject water disposal options must be carefully considered before choosing this technology.

c. The combination of variable source water quality and the complexity of the water chemistry involved may make this technology too complex for small surface water systems.

d. Removal efficiencies may vary depending on water quality.

e. This technology may be very limited in application to small systems. Since the process requires static mixing, detention basins, and filtration, it is most applicable to systems with sufficiently high sulfate levels that already have a suitable filtration treatment train in place.

f. This technology is most applicable to small systems that already have filtration in place.

g. Handling of chemicals required during regeneration and pH adjustment may be too difficult for small systems without an adequately trained operator.

h. Assumes modification to a coagulation/filtration process already in place.

Table 6 Compliance technologies by supply size category for radionuclide Requirements Contaminant Compliance technologies* for supply size categories (population served) 25-500501-3,3003,301 –10,000 1. Combined radium 226 and radium 228 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 2. Gross alpha particle activity 2 2 2 3. Beta particle activity and photon activity 1, 2 1, 2 1, 2 4. Uranium1, 8, 91, 2, 3, 8, 91, 2, 3, 8, 9 * Numbers correspond to those technologies listed in Table 5 of this rule.

(2) The department shall require community water supplies and nontransient, noncommunity water supplies to employ a treatment method identified in subrule (1) of this rule as a condition for granting a variance, except as provided in subrule (3) of this rule. If, after the treatment method is installed in the system, the supply cannot meet the MCL, then the supply is eligible for a variance under this part and section 20 of the act, MCL 325.1020.

(3) If a supply demonstrates through comprehensive engineering assessments, which may include pilot plant studies, that the treatment methods identified in subrule (1) of this rule may only achieve a de minimis reduction in contaminants, then the department may issue a schedule of compliance that requires the supply being granted the variance to examine other treatment methods as a condition of obtaining the variance.

(4) If the department determines that a treatment method identified in subrule (3) of this rule is technically feasible, then the department may require the supply to use that treatment method in connection with a compliance schedule issued under section 20 of the act, MCL 325.1020. The department's determination must be based on studies by the supply and other relevant information.

(5) The department may require a community or noncommunity supply to use point-ofuse devices, point-of-entry devices, or other means as a condition of granting a variance or an exemption from the requirements of R 325.10603, R 325.10604b, R 325.10604c, R 325.10604d, or R325.10604g to avoid an unreasonable risk to health. The department may require a public water supply to use point-of-use devices or other means, but not pointof-entry devices, as a condition for granting an exemption from corrosion control treatment requirements for lead and copper in R 325.10604f(2) and (3) to avoid an unreasonable risk to health. The department may require a public water supply to use point-of-entry devices as a condition for granting an exemption from the source water and lead service line replacement requirements for lead and copper under R 325.10604f(4) and (5) to avoid an unreasonable risk to health, provided the supply demonstrates that the device will not cause an increased corrosion of lead and copper bearing materials located between the device and the tap that may increase contaminant levels at the tap.

(6) Community or noncommunity water supplies that use point-of-use or point-of-entry devices under this rule shall meet the conditions in R 325.10313.

2020 AACS.

**History**
- *History: 1989 AACS; 1993 AACS; 1994 AACS; 1998 AACS; 2003 AACS; 2005 AACS; 2009 AACS;*

##### **Mich. Admin. Code R 325.10309** Disposition of requests for variances or exemptions; public notices and opportunity for public hearings {#sec-r-325.10309 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10309}

Rule 309. (1) Prior to issuing an order granting a variance from an MCL, the director shall provide public notice of his intent and shall provide an opportunity for any person to request a public hearing on the proposed order and the proposed compliance schedule.

(2) Prior to finalizing a compliance schedule which is to be a part of an exemption from an MCL or treatment technique or a variance from a specified treatment technique, the director shall provide public notice thereof and shall provide an opportunity for any person to request a public hearing on the compliance schedule.

(3) Public notices issued by the director pursuant to subrules (1) and (2) shall be circulated in a manner designed to inform interested persons of the proposed order or compliance schedule, or both.

(4) The public notice issued by the director pursuant to subrules (1) and (2) shall contain a summary of proposed conditions, compliance programs, compliance schedules, restrictions, and other information relating to the request for a variance or exemption.

(5) Notices issued and public hearings conducted pursuant to this rule may include more than 1 order or compliance schedule, or both.

(6) Public hearings conducted by the director pursuant to this rule shall be in accordance with, and subject to, R 325.10201 and R 325.10202.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.10310** Order granting a variance or exemption or prescribing compliance schedule; denial of request {#sec-r-325.10310 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10310}

Rule 310. After receipt of a request for a variance or exemption from a supplier of water, or following a public hearing conducted by the director pursuant to R 325.10309, the director shall issue an administrative order to the supplier of water granting a variance or exemption or prescribing a compliance schedule, or both, or shall deny the request.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.10311** Term of exemption; reissuance {#sec-r-325.10311 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10311}

Rule 311. An exemption granted by the director to a supplier of water shall have a fixed term not to exceed 5 years. A supplier of water who wishes to extend an exemption beyond the date specified in the administrative order shall submit a request for reissuance of an exemption pursuant to R 325.10307. Exemptions issued or reissued by the director pursuant to this part shall not be inconsistent in any manner with the provisions of the federal act.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.10312** Remedies and penalties {#sec-r-325.10312 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10312}

Rule 312. A supplier of water who submits false information in connection with a request for a variance or exemption, or who violates any of the provisions of an order issued by the director granting a variance or exemption, shall be subject to immediate revocation of the order and to the remedies and penalties specified by the act.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.10313** Criteria for water supplies using POE, or POU, or both {#sec-r-325.10313 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10313}

Rule 313. (1) Community and noncommunity water supplies shall not use point-of-use devices (POU) or point-of-entry devices (POE) except as required by the department under R 325.10308b or under all of the following provisions with department approval:

(a) Community water supplies may use POE to comply with the maximum contaminant level or treatment technique for organic, inorganic, and radiological contaminants.

(b) Noncommunity water supplies may use POU, or POE, or both, to comply with maximum contaminant levels or treatment techniques for organic and inorganic contaminants.

(2) Supplies that use POU or POE, or both, shall meet all of the following requirements:

(a) The supply shall operate and maintain the POU, or POE, or both.

(b) Before POU, or POE, or both, are installed, the supply shall obtain department approval of a monitoring plan that ensures that the devices provide health protection equivalent to that provided by central water treatment. If the POU, or POE, or both, are being used to comply with maximum contaminant levels or treatment techniques, then "equivalent" means that the water must meet all state drinking water standards and must be of acceptable quality similar to water distributed by a well-operated central treatment plant.

At a minimum, the monitoring plan must include all of the following:

(i) Contaminants and parameters to be analyzed.

(ii) Physical measurements and observations, such as total flow treated and mechanical condition of the treatment equipment.

(iii) Location of sampling sites.

(iv) Frequency of sampling. Approximately 10% of the treatment units must be sampled at regular intervals so that all the POE or POU are monitored at least as frequently as required in part 7 for a particular contaminant. For example, for a contaminant that is required to be sampled every 3 years, 10% of the POE or POU must be monitored quarterly so that in 3 years time all of the POE or POU have been monitored. The department may approve an alternate frequency that better represents the rate of degradation of the POE or POU.

(c) Before POU, or POE, or both, are installed, the supply shall obtain department approval of a technology plan that ensures that effective technology is applied and that the microbiological safety of the water is maintained at all times. At a minimum, the technology plan must include all of the following:

(i) The POU, or POE, or both, must be equipped with mechanical warnings to ensure that customers are automatically notified of operational problems.

(ii) If a specific type of POU or POE has been independently certified to comply with the maximum contaminant level or treatment technique in accordance with the American National Standards Institute/National Sanitation Foundation standards 44, 53, 58, or 62, as adopted by reference in R 325.10112, then individual units of that type must be used to comply with the maximum contaminant level or treatment technique. A supply may use an alternate type of POU or POE if the supply demonstrates to the department, using pilot plant studies or other means, that the alternative POU or POE consistently complies with the maximum contaminant level or treatment technique and the department approves the use of the POU or POE.

(iii) The design and application of the POU, or POE, or both, must consider the potential for increasing concentrations of heterotrophic bacteria in water treated with activated carbon. Frequent backwashing, post-contactor disinfection, and heterotrophic plate count monitoring may ensure that the microbiological safety of the water is not compromised.

(d) The supply shall demonstrate that buildings connected to the system have sufficient POU, or POE, or both, that are properly installed, maintained, and monitored such that all customers are protected.

(e) If the POU, or POE, or both, are used to meet an MCL or treatment technique, then the supply shall replace or repair the POU or POE when the contaminant for which the device is intended to control is above the maximum contaminant level in a confirmed sample.

(3) Compliance with the maximum contaminant level must be determined based on the analytical results obtained at each POU or POE, also known as the "sampling point". The compliance determination must be made under R 325.10604b(2) for volatile organic contaminants, R 325.10604c(2) for inorganic contaminants, R 325.10604d(2) for synthetic organic chemicals, or R 325.10604g(2) for per- and polyfluoroalkyl substances.

(4) Supplies that violate the MCL shall notify the department under part 7 of these rules and shall notify the public under part 4 of these rules. The supply may limit the distribution of the public notice to only persons served by the POU or POE that is out of compliance.

PART 4. PUBLIC NOTIFICATION AND PUBLIC EDUCATION

**History**
- *History: 2005 AACS; 2009 AACS; 2015 AACS; 2020 AACS.*

##### **Mich. Admin. Code R 325.10401** Purpose {#sec-r-325.10401 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10401}

Rule 401. The purpose of this part is to prescribe requirements of public water supplies to provide public notification to persons served by a public water supply when the public water supply is not in compliance with a state drinking water standard, a monitoring requirement, or the requirements of a compliance schedule prescribed by a variance or exemption or while a variance or exemption is in effect. This part also prescribes requirements for public education when a community or nontransient noncommunity water supply exceeds the lead action level based on tap water samples collected under R 325.10710a. This part also prescribes requirements for consumer confidence reports (CCR) and annual water quality reports. For the purpose of this part applicable public water supplies are also considered "water supplies" or "supplies."

**History**
- *History: 1979 AC; 1989 AACS; 1994 AACS; 2003 AACS; 2009 AACS.*

##### **Mich. Admin. Code R 325.10401a** General public notification requirements {#sec-r-325.10401a omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10401a}

Rule 401a. (1) Each community water supply, nontransient noncommunity water supply, or transient noncommunity water supply shall give notice for violations of the maximum contaminant level (MCL), maximum residual disinfection level (MRDL), treatment technique (TT), monitoring requirements, testing procedures in these rules, and for other situations, as listed in the following provisions:

(a) Violations and other situations requiring public notice, including all of the following:

(i) Failure to comply with an applicable maximum contaminant level (MCL) or maximum residual disinfectant level (MRDL).

(ii) Failure to comply with a prescribed treatment technique (TT).

(iii) Failure to perform water quality monitoring, as required by part 7 of these rules.

(iv) Failure to comply with testing procedures as prescribed by part 6 of these rules.

(b) Variances and exemptions under part 3 of these rules, including both of the following:

(i) Operation under a variance or an exemption.

(ii) Failure to comply with the requirements of a schedule that has been set under a variance or exemption.

(i) Occurrence of a waterborne disease outbreak or other waterborne emergency.

(ii) Exceedance of the nitrate MCL by noncommunity water supplies, where granted permission by the department.

(iii) Fluoride level above 2.0 mg/l as specified in R 325.10408a.

(iv) Availability of unregulated contaminant monitoring data.

(v) Other violations and situations that are determined by the department to require a public notice under this part and that are not already listed in table 1 of this rule. The tier assignment for each specific violation or situation requiring a public notice is identified in table 1 of this rule. Community and noncommunity water supplies are also considered "water supplies" or "supplies" in this rule, R 325.10402 to R 325.10407, and R 325.10408a to R 325.10409.

(2) Public notice requirements are divided into 3 tiers to take into account the seriousness of the violation or situation and of the potential adverse health effects that may be involved.

The public notice requirements for each violation or situation listed in subrule (1) of this rule are determined by the tier to which the violation or situation is assigned. The definition of each tier is provided in the following provisions:

(a) Tier 1 public notice is required for violations and situations that have significant potential to have serious adverse effects on human health as a result of short term exposure.

(b) Tier 2 public notice is required for all other violations and situations that have potential to have serious adverse effects on human health.

(c) Tier 3 public notice is required for all other violations and situations not included in tier 1 and tier 2. The tier assignment for each specific violation or situation is identified in table 1 of this rule.

(3) Supplies shall provide public notice to the following:

(a) Each supply shall provide public notice to persons served by the supply as specified in this part. Supplies that sell or otherwise provide drinking water to other public water supplies, such as to consecutive supplies, shall give public notice to the consecutive supply.

The consecutive supply shall provide public notice to the persons it serves.

(b) If a public water supply has a violation in a portion of the distribution system that is physically or hydraulically isolated from other parts of the distribution system, then the department may grant permission, which must be in writing, to the supply to limit distribution of the public notice to only persons served by that portion of the system that is out of compliance. To be considered physically isolated, the supply shall show that the affected portion of the distribution system is separated from other parts of the distribution system with no interconnections. To be considered hydraulically isolated, the supply shall show that the design of the distribution system or the system operation, or both, created a situation where water in the affected portion is effectively isolated from the water in all other parts of the distribution system because of projected water flow patterns and water pressure zones.

(4) The supply, within 10 days of completing the public notification requirements under this part for the initial public notice and applicable repeat notices, shall submit to the department a certification that it fully complied with the public notification regulations.

The supply shall include with this certification a representative copy of each type of notice distributed, published, posted, and made available to the persons served by the supply and to the media.

Table 1 Violations and other situations requiring public notice Contaminant MCL/MRDL/TT violations Monitoring, testing, & reporting procedure violations Tier of public notice required Citation Tier of public notice required Citation I. Violations of MCL, MRDL, treatment technique, monitoring and reporting, and testing procedure requirements:

A.Microbiological contaminants Total coliform until March 31, 2016 R 325.10602(1)(a) and (b)

R 325.10704 to R 325.10707a R 325.10702(2)

R325.10707b(4)

Contaminant MCL/MRDL/TT violations Monitoring, testing, & reporting procedure violations Tier of public notice required Citation Tier of public notice required Citation Total coliform (TT violations resulting from failure to perform assessments or corrective actions, monitoring violations, and reporting violations) beginning April 1, 2016 2 R 325.10704j(2)(a) 3 R 325.10704j(3)

R 325.10704j(4)(a)

Seasonal supply failure to follow departmentapproved start-up plan before serving water to the public or failure to provide certification to the department beginning April 1, 2016 2 R 325.10704j(2)(b) 3 R 325.10704j(4)(c)

Fecal coliform/E. coli until March 31, 2016 1 R 325.10602(1)(c) 1, 3 R 325.10704(3)

R325.10707b(4)

E. coli (MCL, monitoring, and reporting violations) beginning April 1, 2016 1 R 325.10704j(1) 3 R 325.10704j(3)(b)

R 325.10704j(4)(a)

R325.10704j(4)(b)

E. coli (TT violations resulting from failure to perform level 2 assessments or corrective action) beginning April 1, 2016 2 R 325.10704j(2)(a) n/a n/a Turbidity (for TT violations resulting from a single exceedance of maximum allowable turbidity level) 2, 1

##### **Mich. Admin. Code R 325.10611b** 3 R 325.10605 R 325.10720(2)(a) and (b) {#sec-r-325.10611b omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10611b}

Violations, other than violations resulting from single exceedance of max. allowable turbidity level (TT)

R 325.10611,

R 325.10611a, and R 325.10611b R 325.10605 R 325.10720(2)(c) and (d)

Violations of disinfection profiling and benchmarking N/A N/A 3 R 325.10722 Violations of filter backwash recycling provisions 2 R 325.10611c 3 R 325.11507 Contaminant MCL/MRDL/TT violations Monitoring, testing, & reporting procedure violations Tier of public notice required Citation Tier of public notice required Citation Violations of enhanced treatment for cryptosporidium R 325.10611e to R 325.10611m 2, 3 40 CFR 141.701 to 141.705, as adopted by reference in R 325.10720b, R 325.10720c and R 325.10720d.

Failure to collect 3 or more samples for Cryptosporidium analysis is a tier 2 violation requiring special notice as required in R 325.10408d. All other monitoring and testing procedure violations are tier 3.

Violations of rules for ground water supplies subject to R325.10612 2 R 325.10612b 3 R 325.10739(7)

R 325.10739a(5)

B. Inorganic chemicals (IOC)

Antimony 2 R 325.10604c(1) 3 R 325.10710(4) and (5)

Arsenic 2 R 325.10604c(1) 3 R 325.10710(4) and (5)

R325.10605

Asbestos (fibers longer than 10 μm) 2 R 325.10604c(1) 3 R 325.10710(4), (6)

Barium 2 R 325.10604c(1) 3 R 325.10710(4) and (5)

Beryllium 2 R 325.10604c(1) 3 R 325.10710(4) and (5)

Cadmium 2 R 325.10604c(1) 3 R 325.10710(4) and (5)

Chromium (total) 2 R 325.10604c(1) 3 R 325.10710(4) and (5)

Cyanide (free) 2 R 325.10604c(1) 3 R 325.10710(4) and (5)

Fluoride 2 R 325.10604c(1) 3 R 325.10710(4) and (5)

Mercury (inorganic) 2 R 325.10604c(1) 3 R 325.10710(4) and (5)

Nitrate (as nitrogen) 1 R 325.10604c(1) 1, 3 R 325.10710(3), (4), (7), and (9)(b)

Nitrite (as nitrogen) 1 R 325.10604c(1) 1, 3 R 325.10710(3), (4), (8), and (9)(b)

Selenium 2 R 325.10604c(1) 3 R 325.10710(4) and (5)

Thallium 2 R 325.10604c(1) 3 R 325.10710(4) and (5)

C. Lead and copper (action level for lead is 0.015 mg/l through December 31, 2024 and 0.012 mg/l beginning January 1, 2025; action level for copper is 1.3 mg/l)

Lead and copper rule (TT) 2 R 325.10604f(1) – (5)

R 325.10410(2) and (3)

R 325.10710a to R 325.10710c and R325.10605 D. Synthetic organic chemicals (SOC) 2,4-D2R325.10604d(1)3R325.10717 2,4,5-TP (silvex)2R325.10604d(1)3R325.10717 Alachlor2R325.10604d(1)3R325.10717 Atrazine2R325.10604d(1)3R325.10717 Benzo(a)pyrene (PAHs)2R325.10604d(1)3R325.10717 Carbofuran2R325.10604d(1)3R325.10717 Chlordane2R325.10604d(1)3R325.10717 Dalapon2R325.10604d(1)3R325.10717 Di (2-ethylhexyl) adipate2R325.10604d(1)3R325.10717 Di (2-ethylhexyl) phthalate2R325.10604d(1)3R325.10717 Dibromochloropropane2R325.10604d(1)3R325.10717 Dinoseb2R325.10604d(1)3R325.10717 Dioxin (2,3,7,8-TCDD)2R325.10604d(1)3R325.10717 Diquat2R325.10604d(1)3R325.10717 Endothall2R325.10604d(1)3R325.10717 Endrin2R325.10604d(1)3R325.10717 Ethylene dibromide 2R325.10604d(1)3R325.10717 Glyphosate2R325.10604d(1)3R325.10717 Heptachlor2R325.10604d(1)3R325.10717 Heptachlor epoxide2R325.10604d(1)3R325.10717 Hexachlorobenzene2R325.10604d(1)3R325.10717 Hexachlorocyclopentadiene 2 R 325.10604d(1) 3 R 325.10717 Lindane2R325.10604d(1)3R325.10717 Methoxychlor2R325.10604d(1)3R325.10717 Oxamyl (vydate)2R325.10604d(1)3R325.10717 Pentachlorophenol2R325.10604d(1)3R325.10717 Picloram2R325.10604d(1)3R325.10717 Polychlorinated biphenyls [PCBs] 2 R 325.10604d(1) 3 R 325.10717 Simazine2R325.10604d(1)3R325.10717 Toxaphene2R325.10604d(1)3R325.10717 E. Volatile organic chemicals (VOC)

Benzene2R325.10604b(1)3R325.10716 Carbon tetrachloride2R325.10604b(1)3R325.10716 Chlorobenzene (monochloro-benzene) 2 R 325.10604b(1) 3 R 325.10716 Contaminant MCL/MRDL/TT violations Monitoring, testing, & reporting procedure violations Tier of public notice required Citation Tier of public notice required Citation O-dichlorobenzene2R325.10604b(1)3R325.10716 P-dichlorobenzene2R325.10604b(1)3R325.10716 1,2-dichloroethane2R325.10604b(1)3R325.10716 1,1-dichloroethylene2R325.10604b(1)3R325.10716 Cis-1,2-dichloroethylene2R325.10604b(1)3R325.10716 Trans-1,2-dichloroethylene2R325.10604b(1)3R325.10716 Dichloromethane2R325.10604b(1)3R325.10716 1,2-dichloropropane2R325.10604b(1)3R325.10716 Ethylbenzene2R325.10604b(1)3R325.10716 Styrene2R325.10604b(1)3R325.10716 Tetrachloro-ethylene2R325.10604b(1)3R325.10716 Toluene2R325.10604b(1)3R325.10716 1,2,4-trichlorobenzene2R325.10604b(1)3R325.10716 1,1,1-trichloroethane2R325.10604b(1)3R325.10716 1,1,2-trichloroethane2R325.10604b(1)3R325.10716 Trichloroethylene2R325.10604b(1)3R325.10716 Vinyl chloride2R325.10604b(1)3R325.10716 Xylenes (total)2R325.10604b(1)3R325.10716 F. per-and polyfluoroalkyl substances (PFAS)

Hexafluoropropylene oxide dimer acid (HFPO-DA) 2 R 325.10604g(1) 3 R 325.10717d Perfluorobutane sulfonic acid (PFBS) 2 R 325.10604g(1) 3 R 325.10717d Perfluorohexane sulfonic acid (PFHxS) 2 R 325.10604g(1) 3 R 325.10717d Perfluorohexanoic acid (PFHxA) 2 R 325.10604g(1) 3 R 325.10717d Perfluorononanoic acid (PFNA) 2 R 325.10604g(1) 3 R 325.10717d Perfluorooctane sulfonic acid (PFOS) 2 R 325.10604g(1) 3 R 325.10717d Perfluorooctanoic acid (PFOA) 2 R 325.10604g(1) 3 R 325.10717d G. Radioactive contaminants Beta/photon emitters 2 R 325.10603(2)(c) 3 R 325.10605 R 325.10725 R325.10730 Alpha emitters (gross alpha) 2 R 325.10603(2)(b) 3 R 325.10605 R 325.10725 R 325.10726 R 325.10728 R325.10729 Combined radium (226 & 228) 2 R 325.10603(2)(a) 3 R 325.10605 R 325.10725 R 325.10726 R 325.10728 R325.10729 Contaminant MCL/MRDL/TT violations Monitoring, testing, & reporting procedure violations Tier of public notice required Citation Tier of public notice required Citation Uranium (pCi/L) 2 R 325.10603(2)(d) 3 R 325.10605 R 325.10725 R 325.10726 R 325.10728 R325.10729 H. Disinfection byproducts (DBP), byproduct precursors, disinfectant residuals. Where disinfection is used in the treatment of drinking water, disinfectants combine with organic and inorganic matter present in water to form chemicals called disinfection byproducts (DBP). The department sets standards for controlling the levels of disinfectants and DBPs in drinking water, including trihalomethanes (THM) and haloacetic acids (HAA). See R 325.10610 to R 325.10610d, and R 325.10719e to R 325.10719n for disinfection byproduct MCLs, disinfectant MRDLs, and related monitoring requirements.

Total trihalomethanes (TTHM)

R 325.10610(2)

R 325.10610b(2)(a)

R 325.10610d, R 325.10719e(1) and (2)(a), and R 325.10719h to R325.10719n Haloacetic acids (HAA) 2 R 325.10610(2)

R 325.10610b(2)(a)

R 325.10610d, R 325.10719e(1) and (2)(a), and R 325.10719h to R325.10719n Bromate 2 R 325.10610 R325.10610b(2)(b)

R 325.10719e(1) and (2)(c)

Chloramine (MRDL) 2 R 325.10610a R325.10610b(3)(a)

R 325.10719e(1) and (3)

Chlorine (MRDL) 2 R 325.10610a R325.10610b(3)(a)

R 325.10719e(1) and (3)

Chlorite 2 R 325.10610 R325.10610b(2)(c)

R 325.10719e(1) and (2)(b)

Chlorine dioxide (MRDL), where any 2 consecutive daily samples at entrance to distribution system only are above MRDL R 325.10610a R325.10610b(3)(b)(ii) 2 *, 3 R 325.10719e(1), (3)(b)(i) and (iii) * Failure to monitor for chlorine dioxide at the entrance to the distribution system the day after exceeding the MRDL at the entrance to the distribution system is a tier 2 violation.

Chlorine dioxide (MRDL), where sample(s) in distribution system the next day are also above MRDL 1 * R 325.10610a R325.10610b(3)(b)(i)

R 325.10719e(1), (3)(b)(ii) and (iii) * If any daily sample taken at the entrance to the distribution system exceeds the MRDL for chlorine dioxide and 1 or more samples taken in the distribution system the next day exceed the MRDL, tier 1 notification is required. Failure to take the required samples in the distribution system after the MRDL is exceeded at the entry point also triggers tier 1 notification.

Control of DBP precursors—TOC (TT)

R 325.10610b(4)

R325.10610c R 325.10719e(1) and (4)

Bench marking and disinfection profiling N/A N/A 3 R 325.10722 Development of monitoring plan N/A N/A 3 R 325.10719e(5)

I. Other treatment techniques Acrylamide (TT)2R325.10604eN/AN/A Contaminant MCL/MRDL/TT violations Monitoring, testing, & reporting procedure violations Tier of public notice required Citation Tier of public notice required Citation Epichlorohydrin (TT)2R325.10604eN/AN/A II. Other monitoring:

Unregulated contaminantsN/AN/A340 CFR 141.40 Nickel N/A N/A 3 R 325.10710(4), (5), and (9)

III. Public notification for variances and exemptions:

Operation under a variance or exemption 3 R 325.10302 N/A N/A Violation of conditions of a variance or exemption 2 R 325.10312 N/A N/A IV. Other situations requiring public notification:

Fluoride level above 2.0 mg/l 3 R 325.10408a(1) N/A N/A Exceedance of nitrate MCL for noncommunity supplies, as allowed by the department 1 R 325.10604c(3) N/A N/A Availability of unregulated contaminant monitoring data 3 R 325.10407 N/A N/A Waterborne disease outbreak 1 R 325.10734(4) N/A N/A Source water sample positive for fecal indicator:

E.coli, enterococci, or coliphage 1 R 325.10739(6) N/A N/A Other waterborne emergencies and other situations as determined by the department 1 or 2 or 3*N/AN/AN/A * Waterborne emergencies require a tier 1 public notice. The department may place other situations in any tier it determines appropriate, based on threat to public health.

MCL - Maximum contaminant level, MRDL - maximum residual disinfectant level, TT treatment technique.

Failure to test for fecal coliform or E. coli is a tier 1 violation if testing is not done after any repeat sample tests positive for coliform. All other total coliform monitoring and testing procedure violations are tier 3.

Supplies with treatment technique violations involving a single exceedance of a maximum turbidity limit under R 325.10611b(1) are required to initiate consultation with the department within 24 hours after learning of the violation. Based on this consultation, the department may subsequently decide to elevate the violation to tier 1. If a supply is unable to make contact with the department in the 24-hour period, the violation is automatically elevated to tier 1.

Failure to take a confirmation sample within 24 hours for nitrate or nitrite after an initial sample exceeds the MCL is a tier 1 violation. Other monitoring violations for nitrate are tier 3. 40 CFR 141.40,which pertains to unregulated contaminant monitoring, is contained in Title 40 CFR parts 136 to 149 and is available for purchase for $67.00 from the superintendent of documents at the address in R 325.10116. The material is available for inspection from the offices of the department at the address in R 325.10116(a) or available on the internet at http://www.ecfr.gov/.

**History**
- *History: 2003 AACS; 2005 AACS; 2009 AACS; 2015 AACS; 2018 AACS; 2020 AACS.*

##### **Mich. Admin. Code R 325.10402** Tier 1 public notice; form, manner, and frequency of notice {#sec-r-325.10402 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10402}

Rule 402. (1) A tier 1 public notice is required for all of the following violation categories and other situations in a community or noncommunity water supply that is subject to R 325.10401a:

(a) Violation of the MCL for total coliforms when fecal coliform or E. coli are present in the water distribution system as specified in R 325.10602, or when the water supply fails to test for fecal coliforms or E. coli when a repeat sample tests positive for coliform as specified in R 325.10707. Violation of the MCL for E. coli, as specified in R 325.10602.

(b) Violation of the MCL for nitrate, nitrite, or total nitrate and nitrite, as defined in R 325.10604c, or when the water supply fails to take a confirmation sample within 24 hours of the water supply's receipt of the first sample result showing an exceedance of the nitrate or nitrite MCL, as specified in R 325.10710(9)(b).

(c) Exceedance of the nitrate MCL by noncommunity water supplies, where permitted to exceed the MCL by the department, as required under R 325.10408b.

(d) Violation of the MRDL for chlorine dioxide, as defined in R 325.10610a(1), when 1 or more samples taken in the distribution system the day following an exceedance of the MRDL at the entrance of the distribution system exceed the MRDL, or when the water supply does not take the required samples in the distribution system, as specified in R 325.10610b(3)(b).

(e) Violation of the treatment technique requirement resulting from a single exceedance of the maximum allowable turbidity limit under R 325.10611b(1) as identified in table 1 of R 325.10401a, where the department determines after consultation that a tier 1 notice is required or where consultation does not take place within 24 hours after the supply learns of the violation.

(f) Occurrence of a waterborne disease outbreak or other waterborne emergency, such as a failure or significant interruption in key water treatment processes, a natural disaster that disrupts the water supply or distribution system, or a chemical spill or unexpected loading of possible pathogens into the source water that significantly increases the potential for drinking water contamination.

(g) Detection of E. coli, enterococci, or coliphage in source water samples as specified in R 325.10739(1) and (2).

(h) Other violations or situations with significant potential to have serious adverse effects on human health as a result of short-term exposure, as determined by the department either in these rules or on a case-by-case basis. The tier assignment for each specific violation or situation is listed in table 1 of R 325.10401a.

(2) A tier 1 public notice shall be provided under all the following provisions:

(a) Water supplies shall provide the public notice as soon as practical but not later than 24 hours after the supply learns of the violation or situation.

(b) The water supply shall initiate consultation with the department as soon as practical, but not later than 24 hours after the supply learns of the violation or situation, to determine additional public notice requirements.

(c) The water supply shall comply with additional public notification requirements, including repeat notices or direction on the duration of the posted notices, established as a result of consultation with the department. These additional requirements may include the timing, form, manner, frequency, and content of applicable repeat notices, and other actions designed to reach all persons served.

(3) Water supplies shall provide the notice within 24 hours in a form and manner reasonably calculated to reach all persons served. The form and manner used by the supply are to fit the specific situation, but shall be designed to reach residential, transient, and nontransient users of the supply. To reach all persons served, supplies shall use, at a minimum, 1 or more of the following forms of delivery:

(a) Appropriate broadcast media, such as radio and television.

(b) Posting of the notice in conspicuous locations throughout the area served by the supply.

(d) Another delivery method approved, in writing, by the department.

**History**
- *History: 1979 AC; 1989 AACS; 2003 AACS; 2009 AACS; 2015 AACS.*

##### **Mich. Admin. Code R 325.10403** Tier 2 public notice; form, manner, and frequency of notice {#sec-r-325.10403 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10403}

Rule 403. (1) A tier 2 public notice is required for all of the following violations and situations in a community or noncommunity water supply that is subject to R 325.10401a:

(a) All violations of the MCL, MRDL, and treatment technique requirements, except where a tier 1 notice is required under R 325.10402(1) or where the department determines that a tier 1 notice is required.

(b) Violations of the monitoring and testing procedure requirements, where the department determines that a tier 2 rather than a tier 3 public notice is required, taking into account potential health impacts and persistence of the violation.

The tier assignment for each specific violation or situation is listed in table 1 of R 325.10401a.

(d) Failure to take corrective action or failure to maintain at least 4-log treatment of viruses, using inactivation, removal, or a department-approved combination of 4-log virus inactivation and removal, before or at the first customer under R 325.10612a(1).

(2) A tier 2 public notice shall be provided under all the following provisions:

(a) Supplies shall provide the public notice as soon as practical, but not later than 30 days after the supply learns of the violation or situation. If the public notice is posted, the notice shall remain in place for as long as the violation or situation exists, but not for less than 7 days, even if the violation or situation is resolved. The department may, on a case-by-case basis, allow additional time for the initial notice of up to 3 months from the date the supply learns of the violation or situation. Circumstances that may warrant an extension include coordination with billing cycles for mailing purposes and violations that were quickly resolved and no longer pose any risk to persons served. The department shall not grant an extension to the 30-day deadline for an unresolved violation. Extensions granted by the department shall be in writing.

(b) The supply shall repeat the notice every 3 months as long as the violation or situation exists, unless the department determines that appropriate circumstances warrant a different repeat notice frequency. The repeat notice shall not be given less frequently than once per year. The department shall not allow less frequent repeat notice for an MCL or treatment technique violation of total coliform provisions under R 325.10602, R 325.10704, R 325.10704a to R 325.10704k, and R 325.10705 to R 325.10709 or a treatment technique violation of filtration or disinfection under R 325.10611, R 325.10611a, or R 325.10611b.

The department may, on a case-by-case basis, reduce the repeat notice frequency for other ongoing violations requiring a tier 2 repeat notice. Circumstances that may warrant a reduction in frequency include coordination with billing cycles for mailing purposes and consolidating notices for violations and situations occurring within a given year into an annual notice to provide for more effective communication with the consumer. Department determinations allowing repeat notices to be given less frequently than once every 3 months shall be in writing.

(c) For the turbidity violations specified in this subdivision, supplies shall consult with the department as soon as practical but not later than 24 hours after the supply learns of the violation, to determine whether a tier 1 public notice under R 325.10402(1) is required to protect public health. When consultation does not take place within the 24-hour period, the supply shall distribute a tier 1 notice of the violation within the next 24 hours, which shall be not more than 48 hours after the supply learns of the violation, and shall follow the requirements under R 325.10402(2) and (3). Consultation with the department is required for violations of the treatment technique requirement under R 325.10611 resulting from a single exceedance of the maximum allowable turbidity limit under R 325.10611b.

(3) Supplies shall provide the initial tier 2 public notice and applicable repeat notices in a form and manner that is reasonably calculated to reach persons served in the required time period. The form and manner of the public notice may vary based on the specific situation and type of supply, but it shall, at a minimum, meet all of the following requirements:

(a) Unless directed otherwise by the department, in writing, community water supplies shall provide notice by using both of the following forms of delivery:

(i) Mail or other direct delivery to each customer receiving a bill and to other service connections to which water is delivered by the supply.

(ii) Other methods reasonably calculated to reach other persons regularly served by the supply, if they would not normally be reached by the notice required in paragraph (i) of this subdivision. Other persons served may include those who do not pay water bills or do not have service connection addresses, such as house renters, apartment dwellers, university students, nursing home patients, and prison inmates. Other methods may include any of the following:

(A) Publication in a local newspaper.

(B) Delivery of multiple copies for distribution by customers that provide their drinking water to others, such as apartment building owners or large private employers.

(D) Delivery to community organizations.

(b) Unless directed otherwise by the department, in writing, noncommunity water supplies shall use both of the following forms of delivery:

(i) Posting the notice in conspicuous locations throughout the distribution system frequented by persons served by the system, or mailing or directly delivering to each customer and service connection, where known.

(ii) Other methods reasonably calculated to reach other persons served by the system if they would not normally be reached by the notice required in paragraph (i) of this subdivision. Other persons served may include those who may not see a posted notice because the notice is not in a location they routinely pass by. Other methods may include any of the following:

(A) Publication in a local newspaper or newsletter distributed to customers.

(B) Use of e-mail to notify employees or students.

**History**
- *History: 1979 AC; 1989 AACS; 1991 AACS; 1993 AACS; 2003 AACS; 2009 AACS; 2015 AACS.*

##### **Mich. Admin. Code R 325.10404** Tier 3 public notice; form, manner, and frequency of notice {#sec-r-325.10404 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10404}

Rule 404. (1) A tier 3 public notice is required for all of the following violation categories and other situations in a community or noncommunity water supply that is subject to R 325.10401a:

(a) Monitoring violations under part 7 of these rules, except where a tier 1 notice is required under R 325.10402(1) or where the department determines that a tier 2 notice is required.

(b) Failure to comply with a testing procedure established in part 6 of these rules, except where a tier 1 notice is required under R 325.10402(1) or where the department determines that a tier 2 notice is required.

(c) Operation under a variance or exemption granted under section 20 of the safe drinking water act, 1976 PA 399, MCL 325.1020 and part 3 of these rules.

(d) Availability of unregulated contaminant monitoring results, as required under R 325.10407.

(e) Fluoride level above 2.0 mg/l as specified in R 325.10408a.The tier assignment for each specific violation or situation is listed in table 1 of R 325.10401a.

(f) Reporting and recordkeeping violations under total coliform provisions of R 325.10704a to R 325.10704k.

(2) A tier 3 public notice shall be provided under all the following provisions:

(a) Supplies shall provide the public notice not later than 1 year after the supply learns of the violation or situation or begins operating under a variance or exemption. Following the initial notice, the supply shall repeat the notice annually for as long as the violation, variance, exemption, or other situation exists. If the public notice is posted, the notice shall remain in place for as long as the violation, variance, exemption, or other situation exists, but for not less than 7 days, even if the violation or situation is resolved.

(b) Instead of individual tier 3 public notices, a supply may use an annual report detailing all violations and situations that occurred during the previous 12 months, as long as the timing requirements of subdivision (a) of this subrule are met.

(3) Supplies shall provide the initial tier 3 public notice and applicable repeat notices in a form and manner that is reasonably calculated to reach persons served in the required time period. The form and manner of the public notice may vary based on the specific situation and type of supply, but it shall, at a minimum, meet all of the following requirements:

(a) Unless directed otherwise by the department, in writing, community water supplies shall provide notice by using both of the following forms of delivery:

(i) Mail or other direct delivery to each customer receiving a bill and to other service connections to which water is delivered by the community supply.

(ii) Other methods reasonably calculated to reach other persons regularly served by the community supply, if they would not normally be reached by the notice required in paragraph (i) of this subdivision. Other persons served may include those who do not pay water bills or do not have service connection addresses, such as house renters, apartment dwellers, university students, nursing home patients, and prison inmates. Other methods may include any of the following:

(A) Publication in a local newspaper.

(B) Delivery of multiple copies for distribution by customers that provide their drinking water to others, such as apartment building owners or large private employers.

(D) Delivery to community organizations.

(b) Unless directed otherwise by the department, in writing, noncommunity water supplies shall provide notice by using both of the following forms of delivery:

(i) Posting the notice in conspicuous locations throughout the distribution system frequented by persons served by the noncommunity supply or mailing or directly delivering to each customer and service connection, where known.

(ii) Other methods reasonably calculated to reach other persons served by the noncommunity supply if they would not normally be reached by the notice required in paragraph (i) of this subdivision. Other persons served may include those who may not see a posted notice because the notice is not in a location they routinely pass by. Other methods may include any of the following:

(A) Publication in a local newspaper or newsletter distributed to customers.

(B) Use of e-mail to notify employees or students.

(4) For community water supplies, the consumer confidence report (CCR) required under R 325.10411 to R 325.10415 may be used as a vehicle for the initial tier 3 public notice and all required repeat notices, if all of the following requirements are satisfied:

(a) The CCR is provided to persons served not later than 12 months after the community water supply learns of the violation or situation as required under subrule (2) of this rule.

(b) The tier 3 notice contained in the CCR follows the content requirements under R 325.10405.

**History**
- *History: 1979 AC; 1989 AACS; 1991 AACS; 2003 AACS; 2009 AACS; 2015 AACS.*

##### **Mich. Admin. Code R 325.10405** Content of public notice {#sec-r-325.10405 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10405}

Rule 405. (1) If a community or noncommunity water supply that is subject to R 325.10401a has a violation or situation requiring public notification, then each public notice must include all of the following elements:

(a) A description of the violation or situation, including the contaminant or contaminants of concern, and, as applicable, the contaminant level or levels.

(b) When the violation or situation occurred.

(c) The potential adverse health effects from the violation or situation, including the standard language under subrule (4)(a) or (b) of this rule, whichever is applicable.

(d) The population at risk, including subpopulations particularly vulnerable if exposed to the contaminant in their drinking water.

(e) If alternative water supplies should be used.

(f) What actions consumers should take, including when they should seek medical help, if known.

(g) What the supply is doing to correct the violation or situation.

(h) When the supply expects to return to compliance or resolve the situation.

(i) The name, business address, and phone number of the supply or designee of the supply as a source of additional information concerning the notice.

(j) A statement to encourage the notice recipient to distribute the public notice to other persons served, using the standard language under subrule (4)(c) of this rule, where applicable.

(2) All of the following elements must be included in the public notice for public water supplies operating under a variance or exemption:

(a) If a public water supply has been granted a variance or an exemption, then the public notice must contain all of the following elements:

(i) An explanation of the reasons for the variance or exemption.

(ii) The date on which the variance or exemption was issued.

(iii) A brief status report on the steps the supply is taking to install treatment, find alternative sources of water, or otherwise comply with the terms and schedules of the variance or exemption.

(iv) A notice of opportunities for public input in the review of the variance or exemption.

(b) If a public water supply violates the conditions of a variance or exemption, then the public notice must contain the 10 elements listed in subrule (1) of this rule.

(3) The public notice must be presented in the following manner:

(a) Each public notice required by this part must meet all of the following criteria:

(i) Must be displayed in a conspicuous way when printed or posted.

(ii) Must not contain overly technical language or very small print.

(iii) Must not be formatted in a way that defeats the purpose of the notice.

(iv) Must not contain language that nullifies the purpose of the notice.

(b) In communities where more than 10% of the consumers are non-English speaking consumers, the public notice must contain information in the appropriate language or languages regarding the importance of the notice or contain a telephone number or address where persons served may contact the supply to obtain a translated copy of the notice or to request assistance in the appropriate language.

(4) The supply shall include the following standard language in the public notice:

(a) The supply shall include in each public notice the health effects language specified in table 1 of this rule corresponding to each MCL, MRDL, and treatment technique violation listed in table 1 of R 325.10401a, and for each violation of a condition of a variance or exemption.

(b) The supply shall include the following language in the notice, including the language necessary to fill in the blanks, for all monitoring and testing procedure violations listed in table 1 of R 325.10401a: "We are required to monitor your drinking water for specific contaminants on a regular basis. Results of regular monitoring are an indicator of whether or not your drinking water meets health standards. During [compliance period], we 'did not monitor or test' or 'did not complete all monitoring or testing' for [contaminant or contaminants], and therefore cannot be sure of the quality of your drinking water during that time."

(c) The supply shall include in the notice the following language, where applicable, to encourage the distribution of the public notice to all persons served: "Please share this information with all the other people who drink this water, especially those who may not have received this notice directly (for example, people in apartments, nursing homes, schools, and businesses). You can do this by posting this notice in a public place or distributing copies by hand or mail."

Table 1 Regulated contaminants Key AL=Action level MCL=Maximum contaminant level MCLG=Maximum contaminant level goal mfl=Million fibers per liter MRDL=Maximum residual disinfectant level MRDLG=Maximum residual disinfectant level goal mrem/year=Millirems per year (a measure of radiation absorbed by the body)

N/A=Not applicable NTU=Nephelometric turbidity units (a measure of water clarity) pci/l=Picocuries per liter (a measure of radioactivity) ppm=Parts per million, or milligrams per liter (mg/l) ppb=Parts per billion, or micrograms per liter (μg/l) ppt=Parts per trillion, or nanograms per liter ppq=Parts per quadrillion, or picograms per liter TT=Treatment technique Contaminant in CCR units Traditional MCL in mg/l, except where noted To convert for CCR, multiply by MCL in CCR units MCLG in CCR units Major sources in drinking water Health effects language Microbiological contaminants Total coliform bacteria until March 31, 2016 MCL: For water supplies analyzing 40 or more samples per month, not more than 5.0% of the monthly samples may be positive for total coliform. For supplies analyzing fewer than 40 samples per month, not more than 1 sample per month may be positive for total coliform. zero Naturally present in the environment Coliforms are bacteria that are naturally present in the environment and are used as an indicator that other, potentially harmful, bacteria may be present. Coliforms were found in more samples than allowed and this was a warning of potential problems.

Total coliform bacteria beginning April 1, 2016. This row applies to Consumer Confidence Reporting.

TT No conversion necessary TT N/A Naturally present in the environment Coliforms are bacteria that are naturally present in the environment and are used as an indicator that other, potentially harmful, waterborne pathogens may be present or that a potential pathway exists through which contamination may enter the drinking water distribution system.

Fecal coliform and E. coli until March 31, zero No conversion necessary zero zero Human and animal fecal waste Fecal coliforms and E. coli are bacteria whose presence indicates that the water may be contaminated with human or animal wastes. Microbes in these wastes can cause short-term effects, such as diarrhea, cramps, nausea, headaches, or other symptoms. They may pose a special health risk for infants, young children, some of the elderly, and people with severely compromised immune systems.

E. coli beginning April 1, 2016 MCL: Routine and repeat samples are total coliform-positive and either is E. coli-positive or supply fails to take all required repeat samples following E. coli-positive routine sample or supply fails to analyze total coliformpositive repeat sample for E. coli zero Human and animal fecal waste E. coli are bacteria whose presence indicates that the water may be contaminated with human or animal wastes. Human pathogens in these wastes can cause short-term effects, such as diarrhea, cramps, nausea, headaches, or other symptoms. They may pose a greater health risk for infants, young children, the elderly, and people with severely-compromised immune systems.

For Consumer Confidence Reporting, see R 325.10413(12)(g)

(i).

N/A No conversion necessary TT N/A N/A Coliforms are bacteria that are naturally present in the environment and are used as an indicator that other, potentially harmful, waterborne pathogens may be present or that a potential pathway exists through which contamination may enter the drinking water distribution system. We found coliforms indicating the need to look for potential problems in water treatment or distribution.

When this occurs, we are required to conduct assessments to identify problems and to correct any problems that are found.

[THE SUPPLY MUST USE 1 OF THE FOLLOWING

APPLICABLE SENTENCES:]

We failed to conduct the required assessment.

We failed to correct all identified sanitary defects that were found during the assessment(s).

E. coli Assessment or Corrective Action Violations, or both, beginning April 1, 2106. This row applies to public notification.

For Consumer Confidence Reporting, see R 325.10413(12)(g)

(ii).

N/A No conversion necessary TT N/A N/A E. coli are bacteria whose presence indicates that the water may be contaminated with human or animal wastes. Human pathogens in these wastes can cause short-term effects, such as diarrhea, cramps, nausea, headaches, or other symptoms. They may pose a greater health risk for infants, young children, the elderly, and people with severely compromised immune systems. We violated the standard for E. coli, indicating the need to look for potential problems in water treatment or distribution. When this occurs, we are required to conduct a detailed assessment to identify problems and to correct any problems that are found.

[THE SUPPLY MUST USE 1 OF THE FOLLOWING

APPLICABLE SENTENCES:]

We failed to conduct the required assessment.

We failed to correct all identified sanitary defects that were found during the assessment that we conducted.

N/A No conversion necessary TT N/A N/A When this violation includes the failure to monitor for total coliforms or E. coli prior to serving water to the public, the mandatory language found at R 325.10405(4)(b) must be used. When this violation includes failure to complete other actions, the appropriate public notice elements found in R 325.10405(1) must be used.

Fecal indicator under groundwater requirements in R 325.10612 et. al:

- E.coli - enterococci or - coliphage)

TT No conversion necessary TT E.coli: zero Others:

N/A Human and animal fecal waste Fecal indicators are microbes whose presence indicates that the water may be contaminated with human or animal wastes. Microbes in these wastes can cause shortterm health effects, such as diarrhea, cramps, nausea, headaches, or other symptoms. They may pose a special health risk for infants, young children, some of the elderly, and people with severely compromised immune systems.

Violations of rules for ground water supplies subject to R 325.10612 TT No conversion necessary TT N/A N/A Inadequately treated or inadequately protected water may contain disease-causing organisms. These organisms can cause symptoms such as diarrhea, nausea, cramps, and associated headaches.

Turbidity (ntu)

TT No conversion necessary TT N/A Soil runoff Turbidity has no health effects. However, turbidity can interfere with disinfection and provide a medium for microbial growth. Turbidity may indicate the presence of disease-causing organisms. These organisms include bacteria, viruses, and parasites that can cause symptoms such as nausea, cramps, diarrhea, and associated headaches.

Other microbiological contaminants Giardia lamblia, viruses, TT* No conversion necessary TT* zero Naturally present in the environment Inadequately treated water may contain disease-causing organisms.These organisms include bacteria, viruses, Contaminant in CCR units Traditional MCL in mg/l, except where noted To convert for CCR, multiply by MCL in CCR units MCLG in CCR units Major sources in drinking water Health effects language heterotrophic plate count (HPC) bacteria, legionella, cryptosporidium * The treatment technique violations that involve turbidity exceedances may use health effects language for turbidity instead. and parasites which can cause symptoms such as nausea, cramps, diarrhea, and associated headaches.

Inorganic contaminants Antimony (ppb) 0.006 1000 6 6 Discharge from petroleum refineries; fire retardants; ceramics; electronics; solder Some people who drink water containing antimony well in excess of the MCL over many years could experience increases in blood cholesterol and decreases in blood sugar.

Arsenic (ppb) 0.010 1000 10 0 Erosion of natural deposits; runoff from orchards; runoff from glass and electronics production wastes Some people who drink water containing arsenic in excess of the MCL over many years could experience skin damage or problems with their circulatory system, and may have an increased risk of getting cancer.

Asbestos [fibers longer than 10 μm] (mfl) 7 mfl No conversion necessary 7 7 Decay of asbestos cement water mains; erosion of natural deposits Some people who drink water containing asbestos in excess of the MCL over many years may have an increased risk of developing benign intestinal polyps.

Barium (ppm) 2 No conversion necessary 2 2 Discharge of drilling wastes; discharge from metal refineries; erosion of natural deposits Some people who drink water containing barium in excess of the MCL over many years could experience an increase in their blood pressure.

Beryllium (ppb) 0.004 1000 4 4 Discharge from metal refineries and coalburning factories; discharge from electrical, aerospace, and defense industries Some people who drink water containing beryllium well in excess of the MCL over many years could develop intestinal lesions.

Contaminant in CCR units Traditional MCL in mg/l, except where noted To convert for CCR, multiply by MCL in CCR units MCLG in CCR units Major sources in drinking water Health effects language Cadmium (ppb) 0.005 1000 5 5 Corrosion of galvanized pipes; erosion of natural deposits; discharge from metal refineries; runoff from waste batteries and paints Some people who drink water containing cadmium in excess of the MCL over many years could experience kidney damage.

Chromium [total] (ppb)0.1 1000 100 100 Discharge from steel and pulp mills; erosion of natural deposits Some people who use water containing chromium well in excess of the MCL over many years could experience allergic dermatitis.

Cyanide [free] (ppb) 0.2 1000 200 200 Discharge from steel/metal factories; discharge from plastic and fertilizer factories Some people who drink water containing cyanide well in excess of the MCL over many years could experience nerve damage or problems with their thyroid.

Fluoride (ppm) 4.0 No conversion necessary 4.0 4.0 Erosion of natural deposits; water additive that promotes strong teeth; discharge from fertilizer and aluminum factories Some people who drink water containing fluoride in excess of the MCL over many years could get bone disease, including pain and tenderness of the bones.

Fluoride in drinking water at half the MCL or more may cause mottling of children’s teeth, usually in children less than 9 years old. Mottling, also known as dental fluorosis, may include brown staining or pitting of the teeth, or both, and occurs only in developing teeth before they erupt from the gums.

Mercury [inorganic]

(ppb) 0.002 1000 2 2 Erosion of natural deposits; discharge from refineries and factories; runoff from landfills; runoff from cropland Some people who drink water containing inorganic mercury well in excess of the MCL over many years could experience kidney damage.

Nitrate [as nitrogen] (ppm)

No conversion necessary 10 10 Runoff from fertilizer use; leaching from septic tanks, sewage; erosion of natural deposits Infants below the age of 6 months who drink water containing nitrate in excess of the MCL could become seriously ill and, if untreated, may die. Symptoms include shortness of breath and blue baby syndrome.

No conversion necessary 1 1 Runoff from fertilizer use; leaching from septic tanks, sewage; erosion of natural deposits Infants below the age of 6 months who drink water containing nitrite in excess of the MCL could become seriously ill and, if untreated, may die. Symptoms include shortness of breath and blue baby syndrome.

Total nitrate and nitrite [as nitrogen] (ppm)

No conversion necessary 10 10 Runoff from fertilizer use; leaching from septic tanks, sewage; erosion of natural deposits Infants below the age of 6 months who drink water containing nitrate and nitrite in excess of the MCL could become seriously ill and, if untreated, may die.

Symptoms include shortness of breath and blue baby syndrome.

Selenium (ppb) 0.05 1000 50 50 Discharge from petroleum and metal refineries; erosion of natural deposits; discharge from mines Selenium is an essential nutrient. However, some people who drink water containing selenium in excess of the MCL over many years could experience hair or fingernail losses, numbness in fingers or toes, or problems with their circulation.

Thallium (ppb) 0.002 1000 2 0.5 Leaching from oreprocessing sites; discharge from electronics, glass, and drug factories Some people who drink water containing thallium in excess of the MCL over many years could experience hair loss, changes in their blood, or problems with their kidneys, intestines, or liver.

Lead and copper Lead (ppb)

AL=0.015 through December 31, 2024; AL= 0.012 beginning January 1, 2025.

AL=15 through December 31, 2024;

AL=12 beginning January 1, 2025.

(TT) zero Lead services lines, corrosion of household plumbing including fittings and fixtures; erosion of natural deposits Infants and children who drink water containing lead could experience delays in their physical or mental development. Children could show slight deficits in attention span and learning abilities. Adults who drink this water over many years could develop kidney problems or high blood pressure.

Contaminant in CCR units Traditional MCL in mg/l, except where noted To convert for CCR, multiply by MCL in CCR units MCLG in CCR units Major sources in drinking water Health effects language Copper (ppm) AL=1.3 No conversion necessary AL=1.3 (TT) 1.3 Corrosion of household plumbing systems; erosion of natural deposits Copper is an essential nutrient, but some people who drink water containing copper in excess of the action level over a relatively short amount of time could experience gastrointestinal distress. Some people who drink water containing copper in excess of the action level over many years could suffer liver or kidney damage. People with Wilson’s disease should consult their personal doctor.

Synthetic organic contaminants including pesticides and herbicides 2,4-D (ppb) 0.07 1000 70 70 Runoff from herbicide used on row crops Some people who drink water containing the weed killer 2,4-d well in excess of the MCL over many years could experience problems with their kidneys, liver, or adrenal glands. 2,4,5-TP [silvex] (ppb) 0.05 1000 50 50 Residue of banned herbicide Some people who drink water containing silvex in excess of the MCL over many years could experience liver problems.

Alachlor (ppb) 0.002 1000 2 zero Runoff from herbicide used on row crops Some people who drink water containing alachlor in excess of the MCL over many years could have problems with their eyes, liver, kidneys, or spleen, or experience anemia, and may have an increased risk of getting cancer.

Atrazine (ppb) 0.003 1000 3 3 Runoff from herbicide used on row crops Some people who drink water containing atrazine well in excess of the MCL over many years could experience problems with their cardiovascular system or reproductive difficulties.

Benzo(a)pyrene [PAHs] (ppt) 0.0002 1,000,000 200 zero Leaching from linings of water storage tanks and distribution lines Some people who drink water containing benzo(a)pyrene in excess of the MCL over many years may experience reproductive difficulties and may have an increased risk of getting cancer.

Carbofuran (ppb) 0.04 1000 40 40 Leaching of soil fumigant used on rice and alfalfa Some people who drink water containing carbofuran in excess of the MCL over many years could experience problems with their blood or nervous or reproductive systems.

Contaminant in CCR units Traditional MCL in mg/l, except where noted To convert for CCR, multiply by MCL in CCR units MCLG in CCR units Major sources in drinking water Health effects language Chlordane (ppb) 0.002 1000 2 zero Residue of banned termiticide Some people who drink water containing chlordane in excess of the MCL over many years could experience problems with their liver or nervous system, and may have an increased risk of getting cancer.

Dalapon (ppb) 0.2 1000 200 200 Runoff from herbicide used on rights of way Some people who drink water containing dalapon well in excess of the MCL over many years could experience minor kidney changes.

Di(2-ethylhexyl) adipate (ppb) 0.4 1000 400 400 Discharge from chemical factories Some people who drink water containing di (2ethylhexyl) adipate well in excess of the MCL over many years could experience toxic effects such as weight loss, liver enlargement, or possible reproductive difficulties.

Di(2-ethylhexyl) phthalate (ppb) 0.006 1000 6 zero Discharge from rubber and chemical factories Some people who drink water containing di (2ethylhexyl) phthalate well in excess of the MCL over many years may have problems with their liver, or experience reproductive difficulties, and may have an increased risk of getting cancer.

Dibromochloropropane [DBCP] (ppt) 0.0002 1,000,000 200 zero Runoff/leaching from soil fumigant used on soybeans, cotton, pineapples, and orchards Some people who drink water containing DBCP in excess of the MCL over many years could experience reproductive difficulties and may have an increased risk of getting cancer.

Dinoseb (ppb) 0.007 1000 7 7 Runoff from herbicide used on soybeans and vegetables Some people who drink water containing dinoseb well in excess of the MCL over many years could experience reproductive difficulties.

Dioxin [2,3,7,8-TCDD]

(ppq) 0.00000003 1,000,000,000 30 zero Emissions from waste incineration and other combustion; discharge from chemical factories Some people who drink water containing dioxin in excess of the MCL over many years could experience reproductive difficulties and may have an increased risk of getting cancer.

Diquat (ppb) 0.02 1000 20 20 Runoff from herbicide use Some people who drink water containing diquat in excess of the MCL over many years could get cataracts.

Contaminant in CCR units Traditional MCL in mg/l, except where noted To convert for CCR, multiply by MCL in CCR units MCLG in CCR units Major sources in drinking water Health effects language Endothall (ppb) 0.1 1000 100 100 Runoff from herbicide use Some people who drink water containing endothall in excess of the MCL over many years could experience problems with their stomach or intestines.

Endrin (ppb) 0.002 1000 2 2 Residue of banned insecticide Some people who drink water containing endrin in excess of the MCL over many years could experience liver problems.

Ethylene dibromide (ppt) 0.00005 1,000,000 50 zero Discharge from petroleum refineries Some people who drink water containing ethylene dibromide in excess of the MCL over many years could experience problems with their liver, stomach, reproductive system, or kidneys, and may have an increased risk of getting cancer.

Glyphosate (ppb) 0.7 1000 700 700 Runoff from herbicide use Some people who drink water containing glyphosate in excess of the MCL over many years could experience problems with their kidneys or reproductive difficulties.

Heptachlor (ppt) 0.0004 1,000,000 400 zero Residue of banned pesticide Some people who drink water containing heptachlor in excess of the MCL over many years could experience liver damage and may have an increased risk of getting cancer.

Heptachlor epoxide (ppt) 0.0002 1,000,000 200 zero Breakdown of heptachlor Some people who drink water containing heptachlor epoxide in excess of the MCL over many years could experience liver damage, and may have an increased risk of getting cancer.

Hexachlorobenzene (ppb) 0.001 1000 1 zero Discharge from metal refineries and agricultural chemical factories Some people who drink water containing hexachlorobenzene in excess of the MCL over many years could experience problems with their liver or kidneys, or adverse reproductive effects, and may have an increased risk of getting cancer.

Hexachlorocyclopentad iene (ppb) 0.05 1000 50 50 Discharge from chemical factories Some people who drink water containing hexachlorocyclopentadiene well in excess of the MCL over many years could experience problems with their kidneys or stomach.

Contaminant in CCR units Traditional MCL in mg/l, except where noted To convert for CCR, multiply by MCL in CCR units MCLG in CCR units Major sources in drinking water Health effects language Lindane (ppt) 0.0002 1,000,000 200 200 Runoff/leaching from insecticide used on cattle, lumber, gardens Some people who drink water containing lindane in excess of the MCL over many years could experience problems with their kidneys or liver.

Methoxychlor (ppb) 0.04 1000 40 40 Runoff/leaching from insecticide used on fruits, vegetables, alfalfa, livestock Some people who drink water containing methoxychlor in excess of the MCL over many years could experience reproductive difficulties.

Oxamyl [vydate] (ppb) 0.2 1000 200 200 Runoff/leaching from insecticide used on apples, potatoes, and tomatoes Some people who drink water containing oxamyl in excess of the MCL over many years could experience slight nervous system effects.

Pentachlorophenol (ppb) 0.001 1000 1 zero Discharge from wood preserving factories Some people who drink water containing pentachlorophenol in excess of the MCL over many years could experience problems with their liver or kidneys, and may have an increased risk of getting cancer.

Picloram (ppb) 0.5 1000 500 500 Herbicide runoff Some people who drink water containing picloram in excess of the MCL over many years could experience problems with their liver.

Polychlorinated biphenyls [PCBs] (ppt) 0.0005 1,000,000 500 zero Runoff from landfills; discharge of waste chemicals Some people who drink water containing PCBs in excess of the MCL over many years could experience changes in their skin, problems with their thymus gland, immune deficiencies, or reproductive or nervous system difficulties, and may have an increased risk of getting cancer.

Simazine (ppb) 0.004 1000 4 4 Herbicide runoff Some people who drink water containing simazine in excess of the MCL over many years could experience problems with their blood.

Toxaphene (ppb) 0.003 1000 3 zero Runoff/leaching from insecticide used on cotton and cattle Some people who drink water containing toxaphene in excess of the MCL over many years could have problems with their kidneys, liver, or thyroid, and may have an increased risk of getting cancer.

Per-and polyfluoroalkyl substances (PFAS)

No conversion necessary 370 N/A Discharge and waste from industrial facilities utilizing the Gen X chemical process Some people who drink water containing HFPO-DA in excess of the MCL could experience problems with their liver. Some fetuses of pregnant women and infants born to mothers who drink water containing HFPO-DA in excess of the MCL may experience developmental effects.

Perfluorobutane sulfonic acid (PFBS)

(ppt) 420 ppt (ng/l)

No conversion necessary 420 N/A Discharge and waste from industrial facilities; stain-resistant treatments Some infants born to mothers who drink water containing PFBS in excess of the MCL may experience decreased thyroid hormone levels.

Perfluorohexane sulfonic acid (PFHxS)

(ppt) 51 ppt (ng/l)

No conversion necessary 51 N/A Firefighting foam; discharge and waste from industrial facilities Some people who drink water containing PFHxS in excess of the MCL could experience problems with their thyroid, liver, and cholesterol levels.

Perfluorohexanoic acid (PFHxA) (ppt) 400,000 ppt (ng/l)

No conversion necessary 400,000 N/A Firefighting foam; discharge and waste from industrial facilities Some people who drink water containing PFHxA in excess of the MCL could experience problems with their liver and kidneys.

Perfluorononanoic acid (PFNA) (ppt) 6 ppt (ng/l)

No conversion necessary 6 N/A Discharge and waste from industrial facilities; breakdown of precursor compounds Some fetuses of pregnant women and infants born to mothers who drink water containing PFNA in excess of the MCL may experience developmental delays and decreased body weight gain.

Perfluorooctane sulfonic acid (PFOS)

(ppt) 16 ppt (ng/l)

No conversion necessary 16 N/A Firefighting foam; discharge from electroplating facilities; discharge and waste from industrial facilities Some fetuses of pregnant women and infants born to mothers who drink water containing PFOS in excess of the MCL may experience developmental delays and decreased body weight gain.

Perfluorooctanoic acid (PFOA) (ppt) 8 ppt (ng/l)

No conversion necessary 8 N/A Discharge and waste from industrial facilities; stain-resistant treatments Some fetuses of pregnant women and infants born to mothers who drink water containing PFOA in excess of the MCL may experience neurodevelopmental effects and skeletal effects.

Volatile organic contaminants Contaminant in CCR units Traditional MCL in mg/l, except where noted To convert for CCR, multiply by MCL in CCR units MCLG in CCR units Major sources in drinking water Health effects language Benzene (ppb) 0.005 1000 5 zero Discharge from factories; leaching from gas storage tanks and landfills Some people who drink water containing benzene in excess of the MCL over many years could experience anemia or a decrease in blood platelets, and may have an increased risk of getting cancer.

Carbon tetrachloride (ppb) 0.005 1000 5 zero Discharge from chemical plants and other industrial activities Some people who drink water containing carbon tetrachloride in excess of the MCL over many years could experience problems with their liver and may have an increased risk of getting cancer.

Chlorobenzene (ppb) 0.1 1000 100 100 Discharge from chemical and agricultural chemical factories Some people who drink water containing chlorobenzene in excess of the MCL over many years could experience problems with their liver or kidneys.

O-dichlorobenzene (ppb) 0.6 1000 600 600 Discharge from industrial chemical factories Some people who drink water containing odichlorobenzene well in excess of the MCL over many years could experience problems with their liver, kidneys, or circulatory systems.

P-dichlorobenzene (ppb) 0.075 1000 75 75 Discharge from industrial chemical factories Some people who drink water containing pdichlorobenzene in excess of the MCL over many years could experience anemia, damage to their liver, kidneys, or spleen, or changes in their blood. 1,2-dichloroethane (ppb) 0.005 1000 5 zero Discharge from industrial chemical factories Some people who drink water containing 1,2dichloroethane in excess of the MCL over many years may have an increased risk of getting cancer. 1,1-dichloroethylene (ppb) 0.007 1000 7 7 Discharge from industrial chemical factories Some people who drink water containing 1,1dichloroethylene in excess of the MCL over many years could experience problems with their liver.

Cis-1,2dichloroethylene (ppb) 0.07 1000 70 70 Discharge from industrial chemical factories Some people who drink water containing cis-1,2dichloroethylene in excess of the MCL over many years could experience problems with their liver.

Trans-1,2dichloroethylene (ppb) 0.1 1000 100 100 Discharge from industrial chemical factories Some people who drink water containing trans-1,2dichloroethylene well in excess of the MCL over many years could experience problems with their liver.

Contaminant in CCR units Traditional MCL in mg/l, except where noted To convert for CCR, multiply by MCL in CCR units MCLG in CCR units Major sources in drinking water Health effects language Dichloromethane (ppb)0.005 1000 5 zero Discharge from pharmaceutical and chemical factories Some people who drink water containing dichloromethane in excess of the MCL over many years could have liver problems and may have an increased risk of getting cancer. 1,2-dichloropropane (ppb) 0.005 1000 5 zero Discharge from industrial chemical factories Some people who drink water containing 1,2dichloropropane in excess of the MCL over many years may have an increased risk of getting cancer.

Ethylbenzene (ppb) 0.7 1000 700 700 Discharge from petroleum refineries Some people who drink water containing ethylbenzene well in excess of the MCL over many years could experience problems with their liver or kidneys.

Styrene (ppb) 0.1 1000 100 100 Discharge from rubber and plastic factories; leaching from landfills Some people who drink water containing styrene well in excess of the MCL over many years could have problems with their liver, kidneys, or circulatory system.

Tetrachloro-ethylene (ppb) 0.005 1000 5 zero Discharge from factories and dry cleaners Some people who drink water containing tetrachloroethylene in excess of the MCL over many years could have problems with their liver, and may have an increased risk of getting cancer.

Toluene (ppm) 1 No conversion necessary 1 1 Discharge from petroleum factories Some people who drink water containing toluene well in excess of the MCL over many years could have problems with their nervous system, kidneys, or liver. 1,2,4-trichlorobenzene (ppb) 0.07 1000 70 70 Discharge from textilefinishing factories Some people who drink water containing 1,2,4trichlorobenzene well in excess of the MCL over many years could experience changes in their adrenal glands. 1,1,1-trichloroethane (ppb) 0.2 1000 200 200 Discharge from metal degreasing sites and other factories Some people who drink water containing 1,1,1trichloroethane in excess of the MCL over many years could experience problems with their liver, nervous system, or circulatory system. 1,1,2-trichloroethane (ppb) 0.005 1000 5 3 Discharge from industrial chemical factories Some people who drink water containing 1,1,2trichloroethane well in excess of the MCL over many years could have problems with their liver, kidneys, or immune systems.

Contaminant in CCR units Traditional MCL in mg/l, except where noted To convert for CCR, multiply by MCL in CCR units MCLG in CCR units Major sources in drinking water Health effects language Trichloroethylene (ppb)0.005 1000 5 zero Discharge from metal degreasing sites and other factories Some people who drink water containing trichloroethylene in excess of the MCL over many years could experience problems with their liver and may have an increased risk of getting cancer.

Vinyl chloride (ppb) 0.002 1000 2 zero Leaching from PVC piping; discharge from plastics factories Some people who drink water containing vinyl chloride in excess of the MCL over many years may have an increased risk of getting cancer.

Xylenes [total] (ppm) 10 No conversion necessary 10 10 Discharge from petroleum factories; discharge from chemical factories Some people who drink water containing xylenes in excess of the MCL over many years could experience damage to their nervous system.

Radioactive contaminants Beta/photon emitters (mrem/yr) 4 mrem/yr No conversion necessary 4 zero Decay of natural and man-made deposits Certain minerals are radioactive and may emit forms of radiation known as photons and beta radiation. Some people who drink water containing beta particle and photon radioactivity in excess of the MCL over many years may have an increased risk of getting cancer.

Alpha emitters [gross alpha] (pci/l) 15 pCi/L No conversion necessary 15 zero Erosion of natural deposits Certain minerals are radioactive and may emit a form of radiation known as alpha radiation. Some people who drink water containing alpha emitters in excess of the MCL over many years may have an increased risk of getting cancer.

Combined radium [226 & 228] (pci/l) 5 pCi/L No conversion necessary 5 zero Erosion of natural deposits Some people who drink water containing radium 226 or 228 in excess of the MCL over many years may have an increased risk of getting cancer.

Uranium (pCi/L) 30 ug/L No conversion necessary 30 zero Erosion of natural deposits Some people who drink water containing uranium in excess of the MCL over many years may have an increased risk of getting cancer and kidney toxicity.

Disinfection byproducts (DBP), byproduct precursors, and disinfectant residuals: where disinfection is used in the treatment of drinking water, disinfectants combine with organic and inorganic matter present in water to form chemicals called disinfection byproducts (DBP). The department sets standards for controlling the levels of disinfectants and DBP in drinking water, including trihalomethanes (THM) and haloacetic acids (HAA). See R 325.10610 to R 325.10610d and R 325.10719e to R325.10719n for disinfection byproduct MCLs, disinfectant MRDLs, and related monitoring requirements.

0.080* 1000 80* N/A

By-product of drinking water disinfection Some people who drink water containing trihalomethanes in excess of the MCL over many years may experience problems with their liver, kidneys, or central nervous system, and may have an increased risk of getting cancer. * The MCL for total trihalomethanes is the sum of the concentrations of the individual trihalomethanes.

Haloacetic acids (HAAs) (ppb)

0.060* 1000 60* N/A

By-product of drinking water disinfection Some people who drink water containing haloacetic acids in excess of the MCL over many years may have an increased risk of getting cancer. * The MCL for haloacetic acids is the sum of the concentrations of the individual haloacetic acids.

Bromate (ppb) 0.010 1000 10 zero By-product of drinking water disinfection Some people who drink water containing bromate in excess of the MCL over many years may have an increased risk of getting cancer.

Chloramines (ppm) MRDL = 4 No conversion necessary MRDL = 4 MRDLG = 4 Water additive used to control microbes Some people who use water containing chloramines well in excess of the MRDL could experience irritating effects to their eyes and nose. Some people who drink water containing chloramines well in excess of the MRDL could experience stomach discomfort or anemia.

Chlorine (ppm) MRDL = 4 No conversion necessary MRDL = 4 MRDLG = 4 Water additive used to control microbes Some people who use water containing chlorine well in excess of the MRDL could experience irritating effects to their eyes and nose. Some people who drink water containing chlorine well in excess of the MRDL could experience stomach discomfort.

Chlorite (ppm) 1 No conversion necessary 1 0.8 By-product of drinking water disinfection Some infants and young children who drink water containing chlorite in excess of the MCL could experience nervous system effects. Similar effects may occur in fetuses of pregnant women who drink water containing chlorite in excess of the MCL. Some people may experience anemia.

MRDL = 0.8 1000

MRDL = 800

MRDLG = 800

Water additive used to control microbes Some infants and young children who drink water containing chlorine dioxide in excess of the MRDL could experience nervous system effects. Similar effects may occur in fetuses of pregnant women who drink water containing chlorine dioxide in excess of the MRDL. Some people may experience anemia.

Add the following only to public notification where any 2 consecutive daily samples taken at the entrance to the distribution system are above the MRDL: "The chlorine dioxide violations reported today are the result of exceedances at the treatment facility only, not within the distribution system which delivers water to consumers. Continued compliance with chlorine dioxide levels within the distribution system minimizes the potential risk of these violations to consumers."

Add the following only to public notification where 1 or more distribution system samples are above the MRDL: "The chlorine dioxide violations reported today include exceedances of the drinking water standard within the distribution system which delivers water to consumers. Violations of the chlorine dioxide standard within the distribution system may harm human health based on short-term exposures.

Certain groups, including fetuses, infants, and young children, may be especially susceptible to nervous system effects from excessive chlorine dioxide exposure."

Total organic carbon [TOC - control of DBP precursors] (ppm)

TT No conversion necessary TT None Naturally present in the environment Total organic carbon (TOC) has no health effects.

However, total organic carbon provides a medium for the formation of disinfection byproducts. These byproducts include trihalomethanes (THM) and haloacetic acids (HAA). Drinking water containing these byproducts in excess of the MCL may lead to adverse health effects, liver or kidney problems, or nervous system effects, and may lead to an increased risk of getting cancer.

Other treatment techniques Acrylamide TT No conversion necessary TT zero Added to water during sewage/ wastewater treatment Some people who drink water containing high levels of acrylamide over a long period of time could have problems with their nervous system or blood, and may have an increased risk of getting cancer.

Contaminant in CCR units Traditional MCL in mg/l, except where noted To convert for CCR, multiply by MCL in CCR units MCLG in CCR units Major sources in drinking water Health effects language Epichlorohydrin TT No conversion necessary TT zero Discharge from industrial chemical factories; an impurity of some water treatment chemicals Some people who drink water containing high levels of epichlorohydrin over a long period of time could experience stomach problems, and may have an increased risk of getting cancer.

**History**
- *History: 1979 AC; 1989 AACS; 2003 AACS; 2005 AACS; 2009 AACS; 2015 AACS;2018 AACS; 2020 AACS.*

##### **Mich. Admin. Code R 325.10406** Notice to new billing units or new customers {#sec-r-325.10406 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10406}

Rule 406. (1) Community water supplies shall give a copy of the most recent public notice for continuing violations, the existence of a variance or exemption, or other ongoing situations requiring a public notice to all new billing units or new customers before or at the time service begins.

(2) Noncommunity water supplies shall continuously post the public notice in conspicuous locations in order to inform new consumers of continuing violations, variance or exemption, or other situation requiring a public notice for as long as the violation, variance, exemption, or other situation exists.

**History**
- *History: 1979 AC; 1989 AACS; 2003 AACS; 2009 AACS.*

##### **Mich. Admin. Code R 325.10407** Special notice of the availability of unregulated contaminant monitoring results {#sec-r-325.10407 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10407}

Rule 407. (1) A community or nontransient, noncommunity water supply required to monitor under 40 CFR 141.40, as referenced in R 325.10401a, shall notify persons served by the water supply of the availability of the results of such sampling not later than 12 months after the monitoring results are known.

(2) The form and manner of the public notice shall follow the requirements for a tier 3 public notice under R 325.10404(3), (4)(a) and (c). The notice shall also identify a person and provide the telephone number to contact for information on the monitoring results.

**History**
- *History: 1979 AC; 1989 AACS; 1994 AACS; 2003 AACS; 2009 AACS.*

##### **Mich. Admin. Code R 325.10408** Periodic progress reports; correction of violations and notification of customers {#sec-r-325.10408 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10408}

Rule 408. The department may require a public water supply to submit periodic reports on progress being made to correct a violation of an MCL, order, or a variance or exemption, and to notify the persons served by the public water supply of that progress.

**History**
- *History: 1979 AC; 2003 AACS; 2009 AACS.*

##### **Mich. Admin. Code R 325.10408a** Special notice when fluoride level is above 2.0 mg/l {#sec-r-325.10408a omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10408a}

Rule 408a. (1) Community water supplies that measure fluoride above 2.0 mg/l as determined by the last single sample taken under R 325.10710, but do not exceed the maximum contaminant level (MCL) of 4.0 mg/l for fluoride under R 325.10604c, shall provide the public notice in subrule (3) of this rule to persons served. Public notice shall be provided as soon as practical but not later than that of a tier 3 public notice under R 325.10404(2) (a). A copy of the notice shall also be sent to all new billing units and new customers under R 325.10406(1) and to the local health department. The department may, on a case-by-case basis, in the best interest of health, safety, welfare, and the environment, require an initial notice sooner than 12 months or applicable repeat notices more frequently than annually, or both.

(2) The form and manner of the public notice, including repeat notices, shall follow the requirements for a tier 3 public notice in R 325.10404(3), (4)(a), and (4)(c).

(3) The notice shall contain the following language, including the language necessary to fill in the blanks: "This is an alert about your drinking water and a cosmetic dental problem that might affect children under 9 years of age. At low levels, fluoride can help prevent cavities, but children drinking water containing more than 2.0 milligrams per liter (mg/l) of fluoride may develop cosmetic discoloration of their permanent teeth (dental fluorosis).

The drinking water provided by your community water system [name] has a fluoride concentration of [insert value] mg/l.

Dental fluorosis, in its moderate or severe forms, may result in a brown staining and/or pitting of the permanent teeth. This problem occurs only in developing teeth, before they erupt from the gums. Children under 9 should be provided with alternative sources of drinking water or water that has been treated to remove the fluoride to avoid the possibility of staining and pitting of their permanent teeth. You may also want to contact your dentist about proper use by young children of fluoride containing products. Older children and adults may safely drink the water.

Drinking water containing more than 4.0 mg/l of fluoride (the U.S. Environmental Protection Agency's drinking water standard) can increase your risk of developing bone disease. Your drinking water does not contain more than 4.0 mg/l of fluoride, but we're required to notify you when we discover that the fluoride levels in your drinking water exceed 2.0 mg/l because of this cosmetic dental problem For more information, please call [name of water system contact] of [name of community water system] at [phone number]. Some home water treatment units are also available to remove fluoride from drinking water. To learn more about available home water treatment units, you may call NSF International at 1-877-8 NSF HELP."

**History**
- *History: 2003 AACS; 2009 AACS.*

##### **Mich. Admin. Code R 325.10408b** Special notice for nitrate exceedances above MCL by noncommunity water supplies (NCWS); permission granted by department {#sec-r-325.10408b omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10408b}

Rule 408b. (1) A noncommunity water supply granted permission by the department under R 325.10604c(3) to exceed the nitrate MCL shall provide notice to persons served according to the requirements for a tier 1 notice under R 325.10402(1) and (2).

(2) A noncommunity water supply granted permission by the department to exceed the nitrate MCL under R 325.10604c(3) shall provide continuous posting of the fact that nitrate levels exceed 10 mg/l and the potential health effects of exposure, according to the requirements for tier 1 notice delivery under R 325.10402(3) and the content requirements under R 325.10405.

**History**
- *History: 2003 AACS; 2005 AACS; 2009 AACS.*

##### **Mich. Admin. Code R 325.10408c** Special notice to public of significant deficiencies or source water fecal contamination {#sec-r-325.10408c omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10408c}

Rule 408c. (1) A community groundwater supply that receives notice from the department under R 325.10612a of a significant deficiency or notification of a fecal indicator-positive groundwater source sample that is not invalidated by the department under R 325.10739(3) shall inform the public served by the water supply under R 325.10413(11)(f) of the fecal indicator-positive source sample or of any significant deficiency that has not been corrected. The community groundwater supply shall continue to inform the public annually until the significant deficiency is corrected or the fecal contamination in the groundwater source is determined by the department to be corrected under R 325.10612a(1)(e).

(2) A noncommunity groundwater supply that receives notice from the department under R 325.10612a of a significant deficiency shall inform the public served by the water supply in a manner approved by the department of any significant deficiency that has not been corrected within 12 months of being notified by the department, or earlier if directed by the department. The noncommunity groundwater supply shall continue to inform the public annually until the significant deficiency is corrected. The information shall include all of the following:

(a) The nature of the significant deficiency and the date the significant deficiency was identified by the department.

(b) The department-approved plan and schedule for correction of the significant deficiency, including interim measures, progress to date, and any interim measures completed.

(c) For noncommunity groundwater supplies serving a population with more than 10% non-English speaking consumers, information in the appropriate language or languages regarding the importance of the notice or a telephone number or address where consumers may contact the supply to obtain a translated copy of the notice or assistance in the appropriate language.

(3) If directed by the department, a noncommunity water supply with significant deficiencies that have been corrected shall inform its customers of the significant deficiencies, how the deficiencies were corrected, and the dates of correction under subrule (2) of this rule.

**History**
- *History: 2009 AACS.*

##### **Mich. Admin. Code R 325.10408d** Repeated failure to conduct monitoring of source water for Cryptosporidium and failure to determine bin classification or mean Cryptosporidium level; special notice {#sec-r-325.10408d omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10408d}

Rule 408d. (1) A community or noncommunity water supply that is required to monitor source water under 40 CFR 141.701, as adopted by reference in R 325.10720b, shall notify persons served by the water supply that monitoring has not been completed as specified not later than 30 days after the supply has failed to collect any 3 months of monitoring as specified in 40 CFR 141.701(c). The notice shall be repeated as specified in R 325.10403(2).

(2) A community or noncommunity water supply that is required to determine a bin classification under R 325.10611e shall notify persons served by the water supply that the determination has not been made as required not later than 30 days after the supply has failed to report the determination as specified in R 325.10611e(5). The notice shall be repeated as specified in R 325.10403(2). The notice is not required if the supply is complying with a department-approved schedule to address the violation.

(3) The form and manner of the public notice shall follow the requirements for a Tier 2 public notice prescribed in R 325.10403(3). The public notice shall be presented as required in R 325.10405(3).

(4) The notice shall contain the following language, including the language necessary to fill in the blanks:

(a) The special notice for repeated failure to conduct monitoring shall contain the following language: "We are required to monitor the source of your drinking water for Cryptosporidium. Results of the monitoring are to be used to determine whether water treatment at the [treatment plant name] is sufficient to adequately remove Cryptosporidium from your drinking water. We are required to complete this monitoring and make this determination by [required bin determination date]. We 'did not monitor or test' or 'did not complete all monitoring or testing' on schedule and, therefore, we may not be able to determine by the required date what treatment modifications, if any, shall be made to ensure adequate Cryptosporidium removal. Missing this deadline may, in turn, jeopardize our ability to have the required treatment modifications, if any, completed by the deadline required, [date]. For more information, please call [name of water supply contact] of [name of water supply] at [phone number]."

(b) The special notice for failure to determine bin classification or mean Cryptosporidium level shall contain the following language: "We are required to monitor the source of your drinking water for Cryptosporidium in order to determine by [date] whether water treatment at the [treatment plant name] is sufficient to adequately remove Cryptosporidium from your drinking water. We have not made this determination by the required date. Our failure to do this may jeopardize our ability to have the required treatment modifications, if any, completed by the required deadline of [date]. For more information, please call [name of water supply contact] of [name of water supply] at [phone number]."

(c) Each special notice shall also include a description of what the water supply is doing to correct the violation and when the supply expects to return to compliance or resolve the situation.

**History**
- *History: 2009 AACS.*

##### **Mich. Admin. Code R 325.10409** Notice by department on behalf of the public water system {#sec-r-325.10409 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10409}

Rule 409. (1) The department may give the notice required by this part on behalf of the public water supply if the department complies with the requirements of this part and may charge costs incurred by the department to the public water supply.

(2) The public water supply shall ensure that the requirements of this part are met.

**History**
- *History: 1979 AC; 1989 AACS; 2003 AACS; 2009 AACS.*

##### **Mich. Admin. Code R 325.10410** Public education regarding lead; consumer notice of lead and copper {#sec-r-325.10410 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10410}

Rule 410. (1) Each community and noncommunity water supply that monitors for lead and copper under R 325.10710a shall deliver a consumer notice of lead and copper tap water monitoring results to persons served by the water supply at sites that are tested, as specified in subrule (5) of this rule. A community or noncommunity water supply is also considered "water supply" or "supply" in this rule. A water supply that exceeds the lead action level based on tap water samples that are collected under R 325.10710a shall issue public advisory as required by section 19(2) of the act and shall deliver the public education materials contained in subrule (2) of this rule under the requirements in subrule (3) of this rule. A water supply that exceeds the lead action level shall offer to arrange for sampling the tap water of a customer who requests sampling under subrule (4) of this rule. The water supply is not required to pay for collecting or analyzing the sample and is not required to collect and analyze the sample.

(2) Both of the following apply to the content of written public education materials:

(a) Water supplies shall include the following elements in printed materials, for example, brochures and pamphlets, in the same order as listed below. In addition, language in paragraphs (i) to (ii) and (vi) of this subdivision shall be included in the materials, exactly as written, except for the text in brackets in these paragraphs for which the water supply shall include supply-specific information. Any additional information presented by a water supply shall be consistent with the information below and be in plain language that can be understood by the general public. Printed materials shall be in a standalone publication or, if included as part of a community publication, the following text must appear on the first page of the publication in highly visible print: [INSERT NAME OF WATER SUPPLY] has exceeded the action level for lead in drinking water. See page [INSERT PAGE NUMBER] for important information about your drinking water. Water supplies shall submit all written public education materials to the department prior to delivery. The department may require the supply to obtain approval of the content of written public materials prior to delivery.

(i) IMPORTANT INFORMATION ABOUT LEAD IN YOUR DRINKING WATER.

[INSERT NAME OF WATER SUPPLY] HAS EXCEEDED THE ACTION LEVEL FOR

LEAD. Lead can cause serious health and development problems, especially for pregnant women and young children. Please read this information closely to see what you can do to reduce lead in your drinking water.

(ii) Health effects of lead. Lead can cause serious health and development problems. It can cause damage to the brain and kidneys, and can interfere with the production of red blood cells that carry oxygen to all parts of your body. The greatest risk of lead exposure is to infants, young children, and pregnant women. Scientists have linked the effects of lead on the brain with lowered IQ in children. Adults with kidney problems and high blood pressure can be affected by low levels of lead more than healthy adults. Lead is stored in the bones, and it can be released later in life. During pregnancy, the child receives lead from the mother's bones, which may affect brain development. Although other sources of lead exposure exist, such as lead paint, and lead contaminated dust, [INSERT NAME OF WATER SUPPLY] is contacting you to reduce your risk of exposure to lead in drinking water. If you have questions about other sources of lead exposure, please contact [INSERT NAME OF LOCAL HEALTH DEPARTMENT].

(iii) Sources of Lead.

(A) Explain what lead is. Provide the water supply’s 90 th percentile for lead, the range of individual sample results, and the number of samples included in the 90 th percentile calculation.

(B) Explain possible sources of lead in drinking water and how lead enters drinking water. Include information on lead service lines, lead solder, home/building plumbing, and fittings and fixtures that may contain lead.

(D) Explain the unpredictability of lead release, the limits of 1-time tests, and the high lead content of some lead particulates.

(iv) Discuss the steps the consumer can take to reduce their exposure to lead in drinking water.

(A) Encourage running the water to flush out the lead.

(B) Explain concerns with using hot water from the tap and specifically caution against the use of hot water for preparing baby formula.

(D) Discuss other options consumers can take to reduce exposure to lead in drinking water, such as alternative sources or treatment of water, including the availability of filters certified to remove lead and the importance of proper filter maintenance.

(E) Suggest that parents have their child's blood tested for lead.

(v) Explain why there are elevated levels of lead in the supply's drinking water, if known, and what the water supply is doing to reduce the lead levels in the community. The notification cannot state or imply that the identified risk is limited to a single property.

(vi) For more information, call us at [INSERT YOUR NUMBER] [(IF APPLICABLE), or visit our Web site at [INSERT YOUR WEB SITE HERE]]. For more information on reducing lead exposure around your home/building and the health effects of lead, visit EPA's website at http://www.epa.gov/lead or contact your health care provider.

(b) In addition to including the elements specified in subdivision (a) of this subrule, community water supplies shall do all of the following:

(i) Tell consumers how to get their water tested.

(ii) Discuss lead in plumbing components and the difference between low lead and lead free.

(iii) Tell consumers about the availability of lead-free plumbing fixtures. Explain the importance of examining labels to ensure materials labeled lead-free are used for all potable water. Explain that fixtures labeled lead-free may still contain up to 0.25% lead.

(3) All of the following provisions apply to delivery of public education materials:

(a) For public water supplies serving communities that have more than 10% non-English speaking consumers, the public education materials shall contain information in the appropriate language or languages regarding the importance of the notice or contain a telephone number or address where persons served may contact the water supply to obtain a translated copy of the public education materials or to request assistance in the appropriate language.

(b) A community water supply that exceeds the lead action level on the basis of tap water samples collected under R 325.10710a, and that is not already conducting public education tasks under this rule, shall conduct the public education tasks under this rule either within 60 days of notification by the department of a lead action level exceedance or within 60 days after the end of the monitoring period in which the exceedance occurred, whichever is sooner. The following apply:

(i) Deliver printed materials meeting the content requirements of subrule (2) of this rule to all bill paying customers.

(ii) All of the following provisions apply to contacting at-risk customers:

(A) Contact customers who are most at risk by delivering education materials that meet the content requirements of subrule (2) of this rule to local public health agencies even if they are not located within the water supply's service area, along with an informational notice that instructs the organization to distribute the information to all the organization's potentially affected customers or community water supply's users. The water supply shall contact the local public health agencies directly by phone or in person. The local public health agencies may provide a specific list of additional community based organizations serving target populations, which may include organizations outside the service area of the water supply. If lists are provided, supplies shall deliver education materials that meet the content requirements of subrule (2) of this rule to all organizations on the provided lists.

(B) Contact customers who are most at risk by delivering materials that meet the content requirements of subrule (2) of this rule to all of the following organizations that are located within the water supply's service area, along with an informational notice that instructs the organization to distribute the information to all the organization's potentially affected customers or community water supply's users:

(1) Public and private schools or school boards.

(2) Women, Infants and Children (WIC) and Head Start programs.

(3) Public and private hospitals and medical clinics.

(4) Pediatricians.

(5) Family planning clinics.

(6) Local welfare agencies.

(7) Community centers.

(8) Adult foster care facilities.

(C) Make a good faith effort to locate all of the following organizations within the service area and deliver materials that meet the content requirements of subrule (2) of this rule to them, along with an informational notice that instructs the organization to distribute the information to all potentially affected customers or users. The good faith effort to contact at-risk customers may include requesting a specific contact list of these organizations from the local public health agencies, even if the agencies are not located within the water supply's service area:

(1) Licensed childcare centers.

(2) Public and private preschools.

(3) Obstetricians-gynecologists and midwives.

(iii) Not less often than quarterly, provide information on or in each water bill as long as the supply exceeds the action level for lead. The message on the water bill shall include the following statement exactly as written except for the text in brackets for which the water supply shall include supply-specific information: [INSERT NAME OF WATER SUPPLY] exceeded the action level for lead in drinking water. Lead can cause serious health problems. For more information please call [INSERT NAME OF WATER SUPPLY] [or visit (INSERT YOUR WEB SITE HERE)]. The message or delivery mechanism can be modified in consultation with the department; specifically, the department may allow a separate mailing of public education materials to customers if the water supply cannot place the information on water bills.

(iv) Post material meeting the content requirements of subrule (2) of this rule on the water supply's website if the supply serves a population greater than 1,000. A link to the material must be prominently shared on the primary water supply and municipality websites and any social media platforms commonly used by the supply.

(v) Submit a press release to newspaper, television, and radio stations.

(vi) In addition to subdivision (i) to (v) of this subrule, supplies shall implement not fewer than 3 activities from 1 or more categories listed below. The educational content and selection of these activities shall be determined in consultation with the department.

(A) Public service announcements.

(B) Paid advertisements.

(D) E-mails to customers.

(E) Text messages to customers.

(F) Robocalls to customers.

(G) Public meetings.

(H) Household deliveries.

(I) Targeted individual customer contact.

(J) Direct material distribution to all multifamily homes and institutions.

(K) Other methods approved by the department.

(vii) For supplies that are required to conduct monitoring annually or less frequently, the end of the monitoring period is September 30 of the calendar year in which the sampling occurs, or, if the department has established an alternate monitoring period, the last day of that period.

(c) As long as a community water supply exceeds the action level, it shall repeat the activities under subdivision (b)(i) and (ii) of this subrule as described in all of the following, as applicable:

(i) A community water supply shall repeat the education materials delivery tasks contained in subdivision (b)(i) and (ii) of this subrule and repeat the additional activities tasks contained in subdivision (b)(vi) of this subrule every 12 months.

(ii) A community water supply shall repeat the water bill information tasks contained in subdivision (b)(iii) of this subrule with each billing cycle.

(iii) A community water supply serving a population greater than 1,000 shall post and retain material on a publicly accessible website under subdivision (b)(iv) of this subrule.

(iv) The community water supply shall repeat the press release task in subdivision (b)(v) of this subrule twice every 12 months on a schedule agreed upon with the department. The department may allow activities in subdivision (b) of this subrule to extend beyond the 60-day requirement if needed for implementation purposes on a caseby-case basis; however, this extension shall be approved in writing by the department before the 60-day deadline.

(d) Within either 60 days of notification by the department of a lead action level exceedance or within 60 days after the end of the monitoring period in which the exceedance occurred, whichever is sooner, unless it already is repeating public education tasks under subdivision (e) of this subrule, a nontransient noncommunity water supply shall deliver the public education materials specified by subrule (2) of this rule under all of the following provisions:

(i) Post informational posters on lead in drinking water in a public place or common area in each of the buildings served by the supply.

(ii) Distribute informational pamphlets, or brochures, or both, on lead in drinking water to each person served by the nontransient noncommunity water supply. The department may allow the supply to utilize electronic transmission instead of or combined with printed materials as long as it achieves at least the same coverage.

(iii) For supplies that are required to conduct monitoring annually or less frequently, the end of the monitoring period is September 30 of the calendar year in which the sampling occurs, or, if the department has established an alternate monitoring period, the last day of that period.

(e) A nontransient noncommunity water supply shall repeat the posting and distributing tasks contained in subdivision (d) of this subrule at least once during each calendar year in which the supply exceeds the lead action level. The department may allow activities in subdivision (d) of this subrule to extend beyond the 60-day requirement if needed for implementation purposes on a case-by-case basis; however, this extension shall be approved in writing by the department in advance of the 60-day deadline.

(f) A water supply may discontinue delivery of public education materials if the supply has met the lead action level during the most recent 6-month monitoring period conducted under R 325.10710a. The supply shall recommence public education under this rule if it subsequently exceeds the lead action level during a monitoring period.

(g) A community water supply may apply to the department, in writing, unless the department has waived the requirement for prior department approval, to use only the text specified in subrule (2)(a) of this rule instead of the text in subrule (2)(a) and (b) of this rule and to perform the tasks listed in subdivisions (d) and (e) of this subrule instead of the tasks in subdivisions (b) and (c) of this subrule if both of the following conditions exist:

(i) The supply is a facility, such as a prison or a hospital, where the population served is not capable of or is prevented from making improvements to plumbing or installing point of use treatment devices.

(ii) The supply provides water as part of the cost of services provided and does not separately charge for water consumption.

(h) A community water supply serving 3,300 or fewer people may limit certain aspects of their public education programs as follows:

(i) With respect to the requirements of subdivision (b)(vi) of this subrule, a supply serving 3,300 or fewer shall implement at least 1 of the activities listed in that paragraph.

(ii) With respect to the requirements of subdivision (b)(ii) of this subrule, a supply serving 3,300 or fewer people may limit the distribution of the public education materials required under that subdivision to facilities and organizations served by the supply that are most likely to be visited regularly by pregnant women and children.

(iii) With respect to the requirements of subdivision (b)(v) of this subrule, the department may waive this requirement for supplies serving 3,300 or fewer persons as long as supply distributes notices to every household served by the supply.

(4) A water supply that fails to meet the lead action level based on tap samples collected under R 325.10710a shall offer to arrange for sampling the tap water of a customer who requests sampling. The supply is not required to pay for collecting or analyzing the sample and is not required to collect and analyze the sample.

(5) All of the following provisions apply to notification of results:

(a) Each supply shall provide a notice of the individual tap results from lead and copper tap water monitoring carried out under R 325.10710a to the persons served by the supply at the specific sampling site from which the sample was taken, for example, the occupants of the residence where the tap was tested.

(b) A supply shall provide the consumer notice as soon as practical, but not later than 30 days after the supply learns of the tap monitoring results.

(c) The consumer notice shall include the results of lead and copper tap water monitoring for the tap that was tested, an explanation of the health effects of lead and copper, list steps consumers can take to reduce exposure to lead and copper in drinking water and contact information for the water utility. The notice shall also provide the maximum contaminant level goals and the action levels for lead and copper and the definitions for these 2 terms from R 325.10413(4) and (6).

(d) The consumer notice shall be provided to persons served at the tap that was tested, either by mail or by another method approved by the department. For example, upon approval by the department, a non- transient non-community water supply could post the results on a bulletin board in the facility to allow users to review the information. The supply shall provide the notice to customers at sample taps tested, including consumers who do not receive water bills.

(6) The director shall appoint a statewide drinking water advisory council to assist the department in developing lead public awareness campaign materials and advise the department on efforts to educate the public about lead in drinking water.

(a) The membership of the statewide council shall consist of 1 community water supply representative, 1 noncommunity water supply representative, 1 representative of the administrative branch of a local government agency, 1 medical professional, 1 professor of public health at a university in the state, 1 representative of an environmental or public health advocacy group, 1 public health educator, and 2 members of the public at large. To be eligible for appointment to the state council, an individual shall have a demonstrated interest in or knowledge of lead in drinking water and its effects.

(b) The members first appointed to the statewide council shall be appointed within 90 days after the effective date of this rule.

(c) Members of the statewide council shall serve for terms of 3 years or until a successor is appointed, whichever is later, except certain of the members first appointed may be appointed for shorter terms to achieve a staggering of terms.

(d) If a vacancy occurs on the statewide council, an appointment for the unexpired term shall be made in the same manner as the original appointment.

(e) A member of the statewide council may be removed for incompetence, dereliction of duty, malfeasance, misfeasance, or nonfeasance in office, or any other good cause.

(f) At the first meeting of the statewide council, the council shall elect from its members a chairperson and other officers as it considers necessary or appropriate. After the first meeting, the council shall meet at least quarterly.

(g) A majority of the members of the statewide council constitute a quorum for the transaction business at a meeting of the council. A majority of the members present and serving are required for official action of the council.

(h) The business that the statewide council may perform shall be conducted at a public meeting of the council held in compliance with the open meetings act, 1976 PA 267, MCL 15.261 to 15.275.

(i) A writing prepared, owned, used, in the possession of, or retained by the statewide council in the performance of an official function is subject to the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.

(j) The statewide council shall do the following:

(i) Develop plans for continuing public awareness about lead in drinking water.

(ii) In consultation with the department, the department of health and human services, or any other relevant state agency, generate public awareness campaign materials about lead to be distributed by water supplies.

(iii) Assist in promoting the transparency of data and documents related to lead in drinking water within the state.

(iv) Advise and consult with the water supply advisory councils defined in R 325.10410(7) on the development of appropriate plans for remediation and public education to be implemented if the lead action level is exceeded. Develop appropriate recommendations for notifying the public and minimizing risk of lead exposure during construction activities in proximity to lead service lines.

(v) Provide advice, direction, and assistance on lead or other drinking quality issues as needed to individual water supplies and their advisory councils, as well as to water supplies that are not required to have advisory councils.

(7) Each water supply that serves a population of 50,000 or more, and each consecutive water system that serves a population of 50,000 or more, shall create a water system advisory council. Councils shall operate as follows:

(a) A council shall consist of at least 5 members, appointed by the community supply.

To be eligible for appointment to the council, an individual shall have a demonstrated interest in or knowledge about lead in drinking water and its effects. At least one member must be a local resident who does not formally represent the interests of any incorporated organization.

(b) The members first appointed to a council shall be appointed within 180 days after the effective date of this rule.

(c) The business that the council may perform shall be conducted at a public meeting of the council and held in compliance with the open meetings act, 1976 PA 267, MCL 15.261 to 15.275.

(d) The first meeting of a council shall be called by the water supply. At the first meeting, the council shall elect from its members a chairperson and other officers as it considers necessary or appropriate. After the first meeting, the council shall meet at least annually.

(e) A writing prepared, owned, used, in the possession of, or retained by the council in the performance of an official function is subject to the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.

(f) The council shall do the following:

(i) Develop plans for continuing public awareness about lead in drinking water, even when the action level is not exceeded.

(ii) Review public awareness campaign materials provided by the statewide drinking water advisory council to ensure the needs and interests of the community, considering the economic and cultural diversity of its residents, are addressed.

(iii) Advise and consult with the water supply on the development of appropriate plans for remediation and public education to be implemented if a lead action level is exceeded.

(iv) Advise and consult with the water supply on efforts to replace private lead service lines at locations where the owner declined service line replacement.

(v) Assist in promoting transparency of all data and documents related to lead in drinking water within the water supply service area.

(vi) Collaborate with local community groups to ensure that residents have the opportunity to be involved in efforts to educate the community about lead in drinking water.

(g) A water system advisory council may independently seek advice, direction, and assistance from the department or the statewide advisory council.

**History**
- *History: 1994 AACS; 1998 AACS; 2002 AACS; 2009 AACS; 2018 AACS.*

##### **Mich. Admin. Code R 325.10411** Annual consumer confidence reporting; purpose; applicability {#sec-r-325.10411 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10411}

Rule 411. (1) R 325.10411 to R 325.10415 establish the minimum requirements for the content, recordkeeping, and delivery of annual consumer confidence reports that community water supplies shall prepare and deliver to their customers. These reports shall contain information on the quality of the water delivered by the supplies and characterize the risks, if any, from exposure to contaminants detected in the drinking water in an accurate and understandable manner.

(2) R 325.10411 to R 325.10415 apply only to community water supplies. Community water supplies are also considered "water supplies" or "supplies" in R 325.10411 to R 325.10415.

(3) For the purpose of R 325.10411 to R 325.10415, "report" means annual consumer confidence report.

(4) For the purpose of R 325.10411 to R 325.10415, "customers" are defined as billing units or service connections to which water is delivered by the community water supply.

(5) For the purpose of R 325.10411 to R 325.10420, "detected" means at or above the levels prescribed by R 325.10605.

**History**
- *History: 2001 AACS; 2003 AACS; 2009 AACS.*

##### **Mich. Admin. Code R 325.10412** Annual consumer confidence reporting; effective dates {#sec-r-325.10412 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10412}

Rule 412. (1) Each existing community water system shall deliver its report by July 1 annually. Each report shall contain data collected during, or before, the previous calendar year.

(2) The supplier of a new community water system shall deliver its first report by July 1 of the year after its first full calendar year in operation and then by July 1 annually.

(3) A community water supply that sells water to another community water supply shall deliver the applicable information required in R 325.10413 to the buyer water supply by either of the following dates:

(a) April 1 annually.

(b) A date mutually agreed upon by the seller and the purchaser, and specifically included in a contract between the parties.

**History**
- *History: 2001 AACS; 2003 AACS; 2009 AACS.*

##### **Mich. Admin. Code R 325.10413** Annual consumer confidence reporting; content of reports {#sec-r-325.10413 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10413}

Rule 413. (1) Each community water supply shall provide to its customers an annual report that contains the information specified in this rule and the information specified in R 325.10414.

(2) Each report shall identify the source or sources of the water delivered by the community water supply by providing information on both of the following:

(a) The type of the water; for example, surface water or ground water.

(b) The commonly used name, if any, and location of the body or bodies of water.

(3) If a source water assessment has been completed, then the report shall notify consumers of the availability of the information and the means to obtain it. In addition, a community supply is encouraged to highlight in the report significant sources of contamination in the source water area if the supply has readily available information. If a supply has received a source water assessment from the department, then the report shall include a brief summary of the supply's susceptibility to potential sources of contamination, using language provided by the department or written by the operator.

(4) Each report shall include both of the following definitions:

(a) "Maximum Contaminant Level Goal" or "MCLG" means the level of a contaminant in drinking water below which there is no known or expected risk to health. MCLGs allow for a margin of safety.

(b) "Maximum Contaminant Level" or "MCL" means the highest level of a contaminant that is allowed in drinking water. MCLs are set as close to the MCLGs as feasible using the best available treatment technology.

(5) A report for a community water supply operating under a variance or an exemption issued under section 20 of the act shall include the definition for variances and exemptions.

"Variances and exemptions" means state or EPA permission not to meet an MCL or a treatment technique under certain conditions.

(6) A report that contains data on regulated contaminants using any of the following terms shall include the applicable definitions:

(a) "Treatment technique" or "TT" means a required process intended to reduce the level of a contaminant in drinking water.

(b) "Action level" or "AL" means the concentration of a contaminant that, if exceeded, triggers treatment or other requirements that a water supply shall follow.

(c) "Maximum residual disinfectant level goal" or "MRDLG" means the level of a drinking water disinfectant below which there is no known or expected risk to health.

MRDLGs do not reflect the benefits of the use of disinfectants to control microbial contaminants.

(d) "Maximum residual disinfectant level" or "MRDL" means the highest level of a disinfectant allowed in drinking water. There is convincing evidence that addition of a disinfectant is necessary for control of microbial contaminants.

(7) A report that contains information regarding a level 1 or level 2 assessment required under total coliform provisions of R 325.10704a to R 325.10704k shall include the following applicable definitions:

(a) Level 1 assessment: A level 1 assessment is a study of the water supply to identify potential problems and determine (if possible) why total coliform bacteria have been found in our water system.

(b) Level 2 assessment: A level 2 assessment is a very detailed study of the water system to identify potential problems and determine (if possible) why an E. coli MCL violation has occurred and/or why total coliform bacteria have been found in our water system on multiple occasions.

(8) The report shall include all of the following information on detected contaminants subject to mandatory monitoring, except Cryptosporidium:

(a) This subrule applies to all of the following contaminants:

(i) Contaminants subject to an MCL, action level, maximum residual disinfectant level, or treatment technique known as regulated contaminants.

(ii) Contaminants for which monitoring is required by 40 CFR §141.40, as referenced in R 325.10401a, known as unregulated contaminants.

(iii) Disinfection byproducts or microbial contaminants for which monitoring is required by 40 C.F.R. §§141.142 and 141.143, except as provided under subrule (9)(a) of this rule, and which are detected in the finished water.

(b) The data relating to the contaminants specified in this subrule shall be displayed in 1 table or in several adjacent tables. Any additional monitoring results that a community supply chooses to include in its report shall be displayed separately.

(c) The data shall be derived from data collected to comply with EPA and state monitoring and analytical requirements during the previous calendar year with the following exceptions:

(i) If a supply is allowed to monitor for regulated contaminants less often than once a year, then the table or tables shall include the date and results of the most recent sampling and the report shall include a brief statement indicating that the data presented in the report are from the most recent testing done in accordance with the regulations. Data older than 5 years need not be included.

(ii) Results of monitoring in compliance with 40 C.F.R. §§141.142 and 141.143 need only be included for 5 years from the date of last sample or until any of the detected contaminants becomes regulated and subject to routine monitoring requirements, whichever comes first.

(d) For detected regulated contaminants in table 1 of R 325.10405, the table or tables shall contain all of the following information:

(i) The MCL for that contaminant expressed as a number equal to or greater than 1.0, as provided in table 1 of R 325.10405.

(ii) The MCLG for that contaminant expressed in the same units as the MCL.

(iii) If there is not an MCL for a detected contaminant, then the table shall indicate that there is a treatment technique, or specify the action level, applicable to that contaminant.

The report shall also include the definitions for treatment technique or action level, or both, as appropriate, and specified in subrule (6) of this rule.

(iv) For contaminants subject to an MCL, except turbidity, total coliform, fecal coliform, and E. coli, the table shall indicate the highest contaminant level used to determine compliance with a drinking water standard and the range of detected levels as follows:

(A) If compliance with the MCL is determined annually or less frequently, then the table shall indicate the highest detected level at any sampling point and the range of detected levels expressed in the same units as the MCL.

(B) If compliance with the MCL is determined by calculating a running annual average of all samples taken at a sampling point, then the table shall indicate the highest average of any of the sampling points and the range of all sampling points expressed in the same units as the MCL. For the MCLs for TTHM and HAA5 in R 325.10610(2) that are based on a locational running annual average, supplies shall include the highest locational running annual average for TTHM and HAA5 and the range of individual sample results for all monitoring locations expressed in the same units as the MCL. If more than 1 location exceeds the TTHM or HAA5 MCL, the supply shall include the locational running annual averages for all locations that exceed the MCL.

(C) If compliance with the MCL is determined on a supply-wide basis by calculating a running annual average of all samples at all sampling points, then the table shall indicate the average and range of detection expressed in the same units as the MCL. Note to subdivision (d)(iv) of this subrule: When rounding of results to determine compliance with the MCL is allowed, rounding may be done before multiplying the results by the factor listed in table 1 of R 325.10405.

(v) For turbidity reported under R 325.10720 and R 325.10611b, the table shall indicate the highest single measurement and the lowest monthly percentage of samples meeting the turbidity limits for the filtration technology being used. The report shall include an explanation of the reasons for measuring turbidity.

(vi) For lead and copper, the table shall indicate the ninetieth percentile value of the most recent round of sampling, the number of sampling sites exceeding the action level, and the range of individual sample results for all monitoring locations.

(vii) For total coliform analytical results until March 31, 2016, the table shall indicate either of the following:

(A) The highest monthly number of positive samples for supplies collecting fewer than 40 samples per month.

(B) The highest monthly percentage of positive samples for supplies collecting not less than 40 samples per month.

(viii) For fecal coliform and E. coli until March 31, 2016, the table shall indicate the total number of positive samples.

(ix) The table shall indicate the likely source or sources of detected contaminants to the best of the supply's knowledge. Specific information regarding contaminants may be available in sanitary surveys and source water assessments and the supply shall use the information when it is available. If the supply lacks specific information on the likely source, then the report shall include 1 or more of the typical sources for that contaminant listed in table 1 of R 325.10405 that are most applicable to the community water supply.

(x) For E. coli analytical results under the total coliform provisions of R 325.10704a to R 325.10704k, the table shall indicate the total number of positive samples.

(e) If a community water supply distributes water to its customers from multiple hydraulically independent distribution systems that are fed by different raw water sources, then the table may contain a separate column for each service area and the report may identify each separate distribution system. Alternatively, supplies may produce separate reports tailored to include data for each service area.

(f) The table or tables shall clearly identify any data indicating violations of MCLs, MRDLs, or treatment techniques and the report shall contain a clear and readily understandable explanation of the violation including the length of the violation, the potential adverse health effects, and actions taken by the supply to address the violation.

The supply shall use the relevant language in table 1 of R 325.10405 to describe the potential health effects.

(g) For detected unregulated contaminants for which monitoring is required, except Cryptosporidium, the table or tables shall contain the average and range at which the contaminant was detected. The report may include a brief explanation of the reasons for monitoring for unregulated contaminants.

(9) All of the following information shall be included on Cryptosporidium, radon, and other contaminants:

(a) If the supply has performed any monitoring for Cryptosporidium, including monitoring performed to satisfy the requirements of 40 C.F.R. §141.143, which indicates that Cryptosporidium may be present in the source water or the finished water, the report shall include both of the following:

(i) A summary of the results of the monitoring.

(ii) An explanation of the significance of the results.

(b) If the supply has performed any monitoring for radon which indicates that radon may be present in the finished water, then the report shall include both of the following:

(i) The results of the monitoring.

(ii) An explanation of the significance of the results.

(c) If the supply has performed additional monitoring which indicates the presence of other contaminants in the finished water, then the supply is encouraged to report any results that may indicate a health concern. To determine if results may indicate a health concern, the supply may determine if EPA has proposed a national primary drinking water regulation or issued a health advisory for that contaminant by calling the safe drinking water hotline (800-426-4791). EPA considers detections above a proposed MCL or health advisory level to indicate possible health concerns. For such contaminants, the report may include both of the following:

(i) The results of the monitoring.

(ii) An explanation of the significance of the results noting the existence of a health advisory or a proposed regulation.

(d) Levels of sodium monitored under R 325.10717b during the year covered by the report.

(10) For compliance with state drinking water standards, in addition to the requirements of subrule (7)(f) of this rule, the report shall note any violation that occurred during the year covered by the report for all of the following requirements and include a clear and readily understandable explanation of the violation, any potential adverse health effects, and the steps the supply has taken to correct the violation:

(a) Monitoring and reporting of compliance data.

(b) For filtration and disinfection prescribed by R 325.10611, R 325.10611a, and R 325.10611b, supplies which have failed to install adequate filtration or disinfection equipment or processes, or have had a failure of such equipment or processes which constitutes a violation shall include the following language as part of the explanation of potential adverse health effects in the report: "Inadequately treated water may contain disease causing organisms. These organisms include bacteria, viruses, and parasites which can cause symptoms such as nausea, cramps, diarrhea, and associated headaches."

(c) For lead and copper control requirements prescribed by R 325.10604f, supplies that fail to take 1 or more actions prescribed by R 325.10604f(1)(d), R 325.10604f(2), R 325.10604f(3), R 325.10604f(4), or R 325.10604f(5) shall include the applicable language of table 1 of R 325.10405 for lead, copper, or both, in the report.

(d) For treatment techniques for acrylamide and epichlorohydrin prescribed by R 325.10604e, supplies that violate the requirements of R 325.10604e shall include the relevant language from table 1 of R 325.10405 in the report.

(e) Recordkeeping of compliance data.

(f) Special monitoring requirements prescribed by R 325.10717b.

(g) Violation of the terms of a variance, an exemption, or an administrative or judicial order.

(11) For variances and exemptions, if a supply is operating under the terms of a variance or an exemption issued under section 20 of the act, then the report shall contain all of the following information:

(a) An explanation of the reasons for the variance or exemption.

(b) The date on which the variance or exemption was issued.

(c) A brief status report on the steps the supply is taking to install treatment, find alternative sources of water, or otherwise comply with the terms and schedules of the variance or exemption.

(d) A notice of any opportunity for public input in the review, or renewal, of the variance or exemption.

(12) The report shall include all of the following additional information:

(a) A brief explanation regarding contaminants which may reasonably be expected to be found in drinking water including bottled water. The explanation may include the language of paragraphs (i) to (iii) of this subdivision or supplies may use their own comparable language. The report also shall include the language of paragraph (iv) of this subdivision.

(i) The sources of drinking water, both tap water and bottled water, including rivers, lakes, streams, ponds, reservoirs, springs, and wells. As water travels over the surface of the land or through the ground, it dissolves naturally occurring minerals and, in some cases, radioactive material, and can pick up substances resulting from the presence of animals or from human activity.

(ii) Contaminants that may be present in source water including all of the following:

(A) Microbial contaminants, such as viruses and bacteria, which may come from sewage treatment plants, septic systems, agricultural livestock operations, and wildlife.

(B) Inorganic contaminants, such as salts and metals, which can be naturally occurring or result from urban stormwater runoff, industrial or domestic wastewater discharges, oil and gas production, mining, or farming.

(C) Pesticides and herbicides, which may come from a variety of sources such as agriculture, urban stormwater runoff, and residential uses.

(D) Organic chemical contaminants, including synthetic and volatile organic chemicals, which are by products of industrial processes and petroleum production, and can also come from gas stations, urban stormwater runoff, and septic systems.

(E) Radioactive contaminants, which can be naturally occurring or be the result of oil and gas production and mining activities.

(iii) To ensure that tap water is safe to drink, EPA prescribes regulations that limit the amount of certain contaminants in water provided by public water supplies. FDA regulations establish limits for contaminants in bottled water that shall provide the same protection for public health.

(iv) Drinking water, including bottled water, may reasonably be expected to contain at least small amounts of some contaminants. The presence of contaminants does not necessarily indicate that water poses a health risk. More information about contaminants and potential health effects can be obtained by calling the United States Environmental Protection Agency's safe drinking water hotline (800-426-4791).

(b) The report shall include the telephone number of the owner, operator, or designee of the community water supply as a source of additional information concerning the report.

(c) In communities that have more than 10% non-English speaking residents, the report shall contain information in the appropriate language or languages regarding the importance of the report or the report shall contain a telephone number or address where residents may contact the supply to obtain a translated copy of the report or assistance in the appropriate language.

(d) The report shall include information about opportunities for public participation in decisions by the supplies that may affect the quality of the water; for example, time and place of regularly scheduled board meetings.

(e) The supply may include such additional information as it determines necessary for public education consistent with, and not detracting from, the purpose of the report.

(f) Groundwater supplies required to comply with groundwater provisions of R 325.10612 shall comply with all of the following:

(i) A groundwater supply that receives notice from the department of a significant deficiency or notice from a laboratory of a fecal indicator-positive groundwater source sample that is not invalidated by the department under R 325.10739(3) shall inform its customers of any significant deficiency that is uncorrected at the time of the next report or of any fecal indicator-positive groundwater source sample in the next report. The groundwater supply shall continue to inform the public annually until the department determines that particular significant deficiency is corrected or the fecal contamination in the groundwater source is addressed under R 325.10612a(1). Each report shall include all of the following elements:

(A) The nature of the particular significant deficiency or the source of the fecal contamination, if the source is known, and the date the significant deficiency was identified by the department or the dates of the fecal indicator-positive groundwater source samples.

(B) If the fecal contamination in the groundwater source has been addressed under R 325.10612a(1) and the date of the action.

(C) For each significant deficiency or fecal contamination in the groundwater source that has not been addressed under R 325.10612a(1), the department-approved plan and schedule for correction, including interim measures, progress to date, and any interim measures completed.

(D) If the groundwater supply receives notice of a fecal indicator-positive groundwater source sample that is not invalidated by the department under R 325.10739(3), the potential health effects using the health effects language of Table 1 of R 325.10405.

(ii) If directed by the department, a groundwater supply with significant deficiencies that have been corrected before the next report is issued shall inform its customers of the significant deficiency, how the deficiency was corrected, and the date of correction under paragraph (i) of this subdivision.

(g) Supplies required to comply with total coliform provisions of R 325.10704a to R 325.10704k shall comply with all of the following:

(i) A supply required to comply with the level 1 assessment requirement or a level 2 assessment requirement that is not due to an E. coli MCL violation shall comply with all of the following:

(A) Include in the report the text, "Coliforms are bacteria that are naturally present in the environment and are used as an indicator that other, potentially harmful, waterborne pathogens may be present or that a potential pathway exists through which contamination may enter the drinking water distribution system. We found coliforms indicating the need to look for potential problems in water treatment or distribution. When this occurs, we are required to conduct assessment(s) to identify problems and to correct the problems that were found during these assessments."

(B) Include in the report as appropriate, filling in the blanks accordingly the text, "During the past year we were required to conduct [INSERT NUMBER OF LEVEL 1 ASSESSMENTS] level 1 assessment(s). [INSERT NUMBER OF LEVEL 1 ASSESSMENTS] level 1 assessment(s) were completed. In addition, we were required to take [INSERT NUMBER OF CORRECTIVE ACTIONS] corrective actions and we completed [INSERT NUMBER OF CORRECTIVE ACTIONS] of these actions."

(C) Include in the report as appropriate, filling in the blanks accordingly the text, "During the past year [INSERT NUMBER OF LEVEL 2 ASSESSMENTS] level 2 assessments were required to be completed for our water supply. [INSERT NUMBER OF LEVEL 2 ASSESSMENTS] Level 2 assessments were completed. In addition, we were required to take [INSERT NUMBER OF CORRECTIVE ACTIONS] corrective actions and we completed [INSERT NUMBER OF CORRECTIVE ACTIONS] of these actions."

(D) A supply that has failed to complete all the required assessments or correct all identified sanitary defects, is in violation of the treatment technique requirement and shall also include 1 or both of the following statements, as appropriate:

(1) During the past year we failed to conduct all of the required assessment(s).

(2) During the past year we failed to correct all identified defects that were found during the assessment.

(ii) A supply required to undergo a level 2 assessment due to an E. coli MCL violation shall comply with all of the following:

(A) Include in the report the text, "E. coli are bacteria whose presence indicates that the water may be contaminated with human or animal wastes. Human pathogens in these wastes can cause short-term effects, such as diarrhea, cramps, nausea, headaches, or other symptoms. They may pose a greater health risk for infants, young children, the elderly, and people with severely compromised immune systems. We found E. coli bacteria, indicating the need to look for potential problems in water treatment or distribution. When this occurs, we are required to conduct assessment(s) to identify problems and to correct the problems that were found during these assessments."

(B) Include in the report as appropriate, filling in the blanks accordingly the text, "We were required to complete a level 2 assessment because we found E. coli in our water system. In addition, we were required to take [INSERT NUMBER OF CORRECTIVE ACTIONS] corrective actions and we completed [INSERT NUMBER OF CORRECTIVE ACTIONS] of these actions."

(C) A supply that has failed to complete the required assessment or correct all identified sanitary defects, is in violation of the treatment technique requirement and shall also include one or both of the following statements, as appropriate:

(1) We failed to conduct the required assessment.

(2) We failed to correct all sanitary defects that were identified during the assessment that we conducted.

(iii) If a supply detects E. coli and has violated the E. coli MCL, in addition to completing the table as required in subrule (8)(d) of this rule, the supply shall include 1 or more of the following statements to describe the noncompliance, as applicable:

(A) We had an E. coli-positive repeat sample following a total coliform-positive routine sample.

(B) We had a total coliform-positive repeat sample following an E. coli-positive routine sample.

(D) We failed to test for E. coli when a repeat sample tests positive for total coliform.

(iv) If a supply detects E. coli and has not violated the E. coli MCL, in addition to completing the table as required in subrule (8)(d) of this rule, the supply may include a statement that explains that although they have detected E. coli, they are not in violation of the E. coli MCL.

(h) For water supplies with lead service lines, or service lines of unknown material, the report shall include the number of lead service lines, the number of service lines of unknown material, and the total number of service lines in the supply.

**History**
- *History: 2001 AACS; 2003 AACS; 2009 AACS; 2015 AACS; 2018 AACS.*

##### **Mich. Admin. Code R 325.10414** Annual consumer confidence reporting; required additional health information {#sec-r-325.10414 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10414}

Rule 414. (1) All reports shall prominently display the following language: "Some people may be more vulnerable to contaminants in drinking water than the general population.

Immuno compromised persons such as persons with cancer undergoing chemotherapy, persons who have undergone organ transplants, people with HIV/AIDS or other immune system disorders, some elderly, and infants can be particularly at risk from infections.

These people may seek advice about drinking water from their health care providers.

EPA/CDC guidelines on appropriate means to lessen the risk of infection by Cryptosporidium and other microbial contaminants are available from the Safe Drinking Water Hotline (800-426-4791)."

(2) A community water supply that detects arsenic at levels above 0.005 mg/l and up to and including 0.010 mg/l shall do either of the following:

(a) Include in its report a short informational statement about arsenic, using language, such as, "While your drinking water meets EPA's standard for arsenic, it does contain low levels of arsenic. EPA's standard balances the current understanding of arsenic's possible health effects against the costs of removing arsenic from drinking water. EPA continues to research the health effects of low levels of arsenic, which is a mineral known to cause cancer in humans at high concentrations and is linked to other health effects such as skin damage and circulatory problems."

(b) Write its own educational statement, but only in consultation with the department.

(3) A community water supply that detects nitrate at levels above 5 mg/l, but below the MCL shall do either of the following:

(a) Include a short informational statement about the impacts of nitrate on children using language, such as, "Nitrate in drinking water at levels above 10 ppm is a health risk for infants of less than six months of age. High nitrate levels in drinking water can cause blue baby syndrome. Nitrate levels may rise quickly for short periods of time because of rainfall or agricultural activity. If you are caring for an infant, you are encouraged to ask advice from your health care provider."

(b) Write its own educational statement, but only in consultation with the department.

(4) Both of the following provisions concerning lead specific information apply to every report:

(a) A community water supply shall include a short informational statement about lead in drinking water and its effects on children. The statement shall include the following information: If present, elevated levels of lead can cause serious health problems, especially for pregnant women and young children. Lead in drinking water is primarily from materials and components associated with service lines and home plumbing. [NAME OF UTILITY] is responsible for providing high quality drinking water, but cannot control the variety of materials used in plumbing components. When your water has been sitting for several hours, you can minimize the potential for lead exposure by flushing your tap for 30 seconds to 2 minutes before using water for drinking or cooking. If you are concerned about lead in your water, you may wish to have your water tested. Information on lead in drinking water, testing methods, and steps you can take to minimize exposure is available from the Safe Drinking Water Hotline or at http://www.epa.gov/safewater/lead.

(b) A community water supply may write its own educational statement, but only in consultation with the department.

**History**
- *History: 2001 AACS; 2003 AACS; 2005 AACS; 2009 AACS.*

##### **Mich. Admin. Code R 325.10415** Annual consumer confidence reporting; report delivery; recordkeeping {#sec-r-325.10415 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10415}

Rule 415. (1) Except as provided in subrule (7) of this rule, each community water supply shall mail or otherwise directly deliver 1 copy of the report to each customer.

(2) The supply shall make a good faith effort to reach consumers who do not get water bills, using means recommended by the department. For the good faith effort to be adequate, the supply shall tailor the effort to reach the consumers who are served by the supply but are not bill paying customers such as renters or workers. A good faith effort to reach consumers may include a mix of any of the following methods appropriate to the particular supply:

(a) Posting the report on the Internet.

(b) Mailing to postal patrons in metropolitan areas.

(d) Publication in a local newspaper.

(e) Posting in public places such as cafeterias or lunch rooms of public buildings.

(f) Delivery of multiple copies for distribution by single biller customers such as apartment buildings or large private employers.

(g) Delivery to community organizations.

(3) Not later than the date the supply is required to distribute the report to its customers, each community water supply shall deliver a copy of the report to the department, followed within 3 months by a certification that the report has been distributed to customers, and that the information is correct and consistent with the compliance monitoring data previously submitted to the department.

(4) Not later than the date the supply is required to distribute the report to its customers, each community water supply shall deliver the report to the local health department that has jurisdiction in the county in which the supply is located. If the supply's service area is located in more than 1 county, then the report shall be delivered to all appropriate local health departments. In addition, each community water supply shall deliver the report to any other agency or clearinghouse identified in writing by the department.

(5) Each community water supply shall make its report available to the public upon request.

(6) Each community water supply serving 100,000 or more persons shall post its current year's report to a publicly accessible site on the Internet.

(7) The governor or his or her designee, for the purposes of waiving the mailing requirement, may waive the requirement of subrule (1) of this rule for community water supplies serving fewer than 10,000 persons.

(a) Supplies serving fewer than 10,000 persons that elect to use the waiver shall do all the following:

(i) Publish the report in 1 or more local newspapers serving the area in which the supply is located.

(ii) Inform the customers that the report will not be mailed, either in the newspapers in which the report is published or by other means approved by the department.

(iii) Make the report available to the public upon request.

(b) Supplies serving 500 or fewer persons that elect to use the waiver may forego the requirements of subdivision (a) of this subrule if they provide notice at least once per year to their customers by mail, door-to-door delivery, or by posting in an appropriate location that the report is available upon request.

(8) A supply subject to R 325.10411 to R 325.10415 shall retain copies of its consumer confidence report for not less than 3 years.

**History**
- *History: 2001 AACS; 2003 AACS; 2009 AACS.*

##### **Mich. Admin. Code R 325.10416** Rescinded {#sec-r-325.10416 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10416}

**History**
- *History: 2001 AACS; 2003 AACS; 2015 AACS.*

##### **Mich. Admin. Code R 325.10417** Rescinded {#sec-r-325.10417 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10417}

**History**
- *History: 2001 AACS; 2003 AACS; 2015 AACS.*

##### **Mich. Admin. Code R 325.10418** Rescinded {#sec-r-325.10418 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10418}

**History**
- *History: 2001 AACS; 2003 AACS; 2015 AACS.*

##### **Mich. Admin. Code R 325.10419** Rescinded {#sec-r-325.10419 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10419}

**History**
- *History: 2001 AACS; 2003 AACS; 2015 AACS.*

##### **Mich. Admin. Code R 325.10420** Annual consumer confidence reporting; contaminants for vulnerable subpopulation {#sec-r-325.10420 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10420}

Rule 420. Pursuant to section 14 of the act, if any contaminants listed in table 1 of this rule are detected above a level of concern as indicated in table 1 of this rule, then the consumer confidence report shall include a description of the potential adverse health effects and the vulnerable subpopulation that may be susceptible to the level of contaminant detected. The community water supply may use the relevant language provided in table 1 of R 325.10405.

Table 1 Contaminants for vulnerable subpopulation reporting Contaminant Susceptible vulnerable subpopulation Level of concern Fecal coliform/ E. coli Infants, young children, the elderly, and people with severely compromised immune systems.

Confirmed presence (any confirmed detect)

Copper People with Wilson’s disease. 1.3 mg/l (ppm)

FluorideChildren.4.0 mg/l (ppm)

Lead Infants and children. 15.0 μg/l (ppb) until December 31, 2024; 12.0 μg/l (ppb) beginning January 1, 2025.

Nitrate Infants below the age of 6 months. 10.0 mg/l (ppm)

Nitrite Infants below the age of 6 months. 1.0 mg/l (ppm)

PART 5. TYPES OF PUBLIC WATER SUPPLIES

**History**
- *History: 2001 AACS; 2003 AACS; 2015 AACS; 2018 AACS.*

##### **Mich. Admin. Code R 325.10501** Purpose {#sec-r-325.10501 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10501}

Rule 501. The purpose of this part is to implement section 8 of the act by establishing a basic classification system for public water supplies. The basic classification system established by this part may be modified in other parts of these rules, as applicable, to reflect the need for further breakdown due to specific criteria, requirements, or standards which may apply within a public water supply.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.10502** Classification of public water supplies {#sec-r-325.10502 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10502}

Rule 502. (1) For purposes of implementing the act, public water supplies are classified by the department into 3 types as follows:

(a) Type I: All community supplies are classified as type I public water supplies.

(b) Type II: All noncommunity supplies are classified as type II public water supplies.

(c) Type III: All water supplies which are not type I or type II public water supplies shall be classified as type III public water supplies.

(2) Type II public water supplies are further classified by the department as follows:

(a) Type IIa: Type IIa public water supplies are type II public water supplies with an average daily water production for the maximum month equal to or greater than 20,000 gallons per day.

(b) Type IIb: Type IIb public water supplies are type II public water supplies with an average daily water production for the maximum month of less than 20,000 gallons per day.

(3) When a public water supply is unable to determine average daily water production, the department may use other criteria based on similar public water supplies to make a determination of classification for purposes of subrule (2) of this rule.

**History**
- *History: 1979 AC; 2009 AACS.*

##### **Mich. Admin. Code R 325.10503** Waterworks systems under same ownership or operation {#sec-r-325.10503 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10503}

Rule 503. (1) Two or more waterworks systems owned or operated by the same person at the same general location, not individually meeting the definition of a community supply or a noncommunity supply, but collectively meeting the definition of a community supply or a noncommunity supply, shall be considered by the department to be a single public water supply.

(2) A waterworks system meeting the definition of a community or noncommunity water supply and a waterworks system not meeting the definition of community or noncommunity water supply in the same general location collectively owned or operated by the same person may be considered by the department to be a single public water supply.

**History**
- *History: 1979 AC; 2009 AACS.*

##### **Mich. Admin. Code R 325.10504** General requirements of type I public water supplies {#sec-r-325.10504 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10504}

Rule 504. A type I public water supply shall meet the following general requirements and other specific requirements as prescribed by the act and these rules:

(a) Obtain certified operators of treatment systems and distribution systems.

(b) Monitor for contaminants at prescribed frequencies as required by part 7 of these rules.

(d) Comply with the provisions of part 14 of these rules and comply with all applicable state and local plumbing codes. Public water supplies that existed before the effective date of this rule that serve facilities which are licensed by the state, including manufactured housing communities and health care facilities, are not required to comply with part 14 of these rules until January 1, 2016.

(e) Submit plans and specifications and obtain permits from the department in accordance with the provisions of the act and part 13 of these rules.

**History**
- *History: 1979 AC; 2009 AACS.*

##### **Mich. Admin. Code R 325.10505** Type II public water supplies generally {#sec-r-325.10505 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10505}

Rule 505. A type II public water supply shall meet all of the following general requirements and other specific requirements as prescribed by the act and these rules:

(a) Obtain operators that are certified in treatment systems where treatment is employed that may affect public health.

(b) Provide a source of water that is in compliance with the requirements of part 8 of these rules or a source that is approved by the department. In either case, the source of water shall comply with all of the requirements of parts 6 and 10 or parts 24, 25, and 26 of these rules.

(d) Submit waterworks system operation reports where treatment is employed that may affect public health and shall maintain records as required in part 15 of these rules.

(e) Comply with all applicable state and local plumbing codes.

(f) Obtain permits from the department in accordance with the provisions of the act and part 13 of these rules.

**History**
- *History: 1979 AC; 1991 AACS; 2009 AACS.*

##### **Mich. Admin. Code R 325.10506** Type III public water supplies generally {#sec-r-325.10506 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10506}

Rule 506. A type III public water supply shall meet all of the following general requirements and other specific requirements as prescribed by the act and these rules:

(a) Provide groundwater sources that are in compliance with the requirements of part 8 of these rules or, alternatively, if approved by the department, the applicable sections of parts 24, 25, and 26 of these rules.

(b) If required by the department, monitor for contaminants at prescribed frequencies as required by part 7 of these rules.

PART 6. STATE DRINKING WATER STANDARDS AND ANALYTICAL

METHODS

**History**
- *History: 1979 AC; 1991 AACS; 2009 AACS.*

##### **Mich. Admin. Code R 325.10601** Purpose {#sec-r-325.10601 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10601}

Rule 601. This part establishes drinking water standards for specific contaminants that shall be met by a supplier of water to assure the protection of the public health. In addition, this part specifies methods to be used in the analyses of water samples from public water supplies to determine compliance with the state drinking water standards.

**History**
- *History: 1979 AC; 1991 AACS; 1993 AACS; 1998-2000 AACS .*

##### **Mich. Admin. Code R 325.10601a** Compliance with standards to be determined in accordance with monitoring requirements; analytical results to be performed by certified laboratories {#sec-r-325.10601a omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10601a}

Rule 601a. (1) Compliance with the drinking water standards specified in this part shall be determined in accordance with the monitoring requirements in part 7 of these rules.

(2) Analytical results that are used to determine compliance with state drinking water standards established in this part shall be performed by department or EPA-certified or provisionally certified laboratories, except that measurements for alkalinity, bromide, calcium, daily chlorite samples at the entrance to the distribution system, conductivity, magnesium, orthophosphate, pH, residual disinfectant concentration, silica, specific ultraviolet absorbance, temperature, and turbidity may be performed by personnel acceptable to the department.

**History**
- *History: 1993 AACS; 1998-2000 AACS; 2009 AACS.*

##### **Mich. Admin. Code R 325.10602** Maximum contaminant levels (MCLs) for microbiological contaminants {#sec-r-325.10602 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10602}

Rule 602. (1) Beginning April 1, 2016, a community or noncommunity water supply is in compliance with the MCL for E. coli for samples taken under R 325.10704a to R 325.10704k unless 1 or more of the following conditions occur:

(a) The supply has an E. coli-positive repeat sample following a total coliform-positive routine sample.

(b) The supply has a total coliform-positive repeat sample following an E. coli-positive routine sample.

(d) The supply fails to test for E. coli when a repeat sample tests positive for total coliform.

Note to this subrule: For purposes of the public notification requirements in R 325.10401a to R 325.10409, violation of the MCL may pose an acute risk to health.

(2) Beginning April 1, 2016, a supply shall determine compliance with the MCL for E. coli in subrule (1) of this rule for each month in which it is required to monitor for total coliforms.

(3) The best technology, treatment techniques, or other means available for achieving compliance with the maximum contaminant level for total coliforms in subrule (5) of this rule until March 31, 2016 and for achieving compliance with the maximum contaminant level for E. coli in subrule (1) of this rule beginning April 1, 2016 are all of the following:

(a) Protection of wells from fecal contamination by appropriate placement and construction.

(b) Maintenance of a disinfectant residual throughout the distribution system.

(c) Proper maintenance of the distribution system including appropriate pipe replacement and repair procedures, main flushing programs, proper operation and maintenance of storage tanks and reservoirs, cross connection control, and continual maintenance of positive water pressure in all parts of the distribution system.

(d) Filtration and disinfection of surface water, as described in the surface water treatment provisions of R 325.10611 to R 325.10611n, R 325.10720 to R 325.720e, and R 325.10722, or disinfection of groundwater, as described in the groundwater provisions of R 325.10612 to R 325.10612b and R 325.10739 to R 325.10739b, using strong oxidants such as chlorine, chlorine dioxide, or ozone.

(e) For supplies using ground water, compliance with the requirements of an EPAapproved state Wellhead Protection Program developed and implemented under section 1428 of the federal act.

(4) The technology, treatment techniques, or other means available identified in subrule (3) of this rule are considered affordable technology, treatment techniques, or other means available to supplies serving 10,000 or fewer people for achieving compliance with the maximum contaminant level for total coliforms in subrule (5) of this rule until March 31, 2016 and for achieving compliance with the maximum contaminant level for E. coli in subrule (1) of this rule beginning April 1, 2016.

(5) Until March 31, 2016 all of the following apply:

(a) The total coliform MCL is based on the presence or absence of total coliforms in a sample, rather than coliform density. Either of the following applies to the total coliform MCL:

(i) For a supply that collects at least 40 samples per month, if no more than 5.0 percent of the samples collected during a month are total coliform-positive, the supply is in compliance with the MCL for total coliforms.

(ii) For a supply that collects fewer than 40 samples per month, if no more than one sample collected during a month is total coliform-positive, the supply is in compliance with the MCL for total coliforms.

(b) A fecal coliform-positive repeat sample or E. coli-positive repeat sample, or a total coliform-positive repeat sample following a fecal coliform-positive or E. coli-positive routine sample, constitutes a violation of the MCL for total coliforms. For purposes of the public notification requirements in R 325.10401a to R 325.10409, this is a violation that may pose an acute risk to health.

(c) A supply shall determine compliance with the MCL for total coliforms in this subrule for each month in which it is required to monitor for total coliforms.

**History**
- *History: 1979 AC; 1991 AACS; 1993 AACS; 2009 AACS; 2015 AACS.*

##### **Mich. Admin. Code R 325.10603** Radionuclides; MCLs; applicability {#sec-r-325.10603 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10603}

Rule 603. (1) Community water supplies, also known as "supplies" in this rule and R 325.10604, shall comply with the MCLs in this rule and compliance shall be determined under R 325.10604.

(2) The MCLs for radionuclides are all of the following:

(a) The maximum contaminant level for combined radium 226 and radium 228 is 5 picoCurries per liter (pCi/l). The combined radium-226 and radium-228 value is determined by the addition of the results of the analysis for radium-226 and the analysis for radium-228.

(b) The maximum contaminant level for gross alpha particle activity, including radium 226, but excluding radon and uranium, is 15 pCi per liter.

(i) The average annual concentration of beta particle and photon radioactivity from manmade radionuclides in drinking water shall not produce an annual dose equivalent to the total body or any internal organ greater than 4 millirems per year.

(ii) Except for the radionuclides listed in table 1 of this rule, the concentration of manmade radionuclides causing 4 millirems total body or organ dose equivalents shall be calculated on the basis of a 2-liter-per-day drinking water intake using the 168-hour data listed in the publication entitled "maximum permissible body burdens and maximum permissible concentration of radionuclides in air or water for occupational exposure," nbs (national bureau of standards) handbook 69, as amended August, 1963, United States department of commerce, which is adopted by reference in R 325.10112. If 2 or more radionuclides are present, then the sum of their annual dose equivalent to the total body or to any organ shall not be more than 4 millirem per year.

Table 1 Average Annual Concentrations Assumed to Produce a Total Body or Organ Dose of 4 Millirem Per RadionuclideCritical organpCi perliter TritiumTotal body20,000 Strontium-90Bone marrow8 (d) The maximum contaminant level for uranium is 30 micrograms per liter (ug/l).

**History**
- *History: 1979 AC; 1993 AACS; 2005 AACS.*

##### **Mich. Admin. Code R 325.10604** Radionuclides; compliance requirements {#sec-r-325.10604 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10604}

Rule 604. (1) Compliance with R 325.10603 shall be determined based on the analytical result or results obtained at each sampling point. If 1 sampling point is in violation of an MCL, then the supply is in violation of the MCL. All of the following provisions apply:

(a) For supplies monitoring more than once per year, compliance with the MCL is determined by a running annual average at each sampling point. If the average of any sampling point is greater than the MCL, then the supply is out of compliance with the MCL.

(b) For supplies monitoring more than once per year, if any sample result causes the running average to exceed the MCL at any sample point, then the supply is out of compliance with the MCL immediately.

(c) Supplies shall include all samples taken and analyzed under this rule, R 325.10603, R 325.10725, R 325.10726, R 325.10728, R 325.10729, and R 325.10730 in determining compliance, even if that number is greater than the minimum required.

(d) If a supply does not collect all required samples when compliance is based on a running annual average of quarterly samples, then compliance shall be based on the running average of the samples collected.

(e) If a sample result is less than the detection limit, then zero shall be used to calculate the annual average, unless a gross alpha particle activity is being used instead of radium- 226, or uranium, or both. If the gross alpha particle activity result is less than the detection limit, then half the detection limit shall be used to calculate the annual average.

(2) If the department requires confirmation samples under R 325.10725(3), then the results of the initial and confirmation samples shall be averaged for use in compliance determinations.

(3) The department may delete results of obvious sampling or analytic errors.

(4) To determine compliance with the MCLs in R 325.10603, averages of data shall be used and shall be rounded to the same number of significant figures as the MCL for the contaminant.

**History**
- *History: 1979 AC; 1993 AACS; 1998 AACS; 2005 AACS.*

##### **Mich. Admin. Code R 325.10604a** Disinfection for phosphate or iron removal treatment systems {#sec-r-325.10604a omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10604a}

Rule 604a. Disinfection shall be provided for public water supplies that employ phosphate treatment systems or certain iron removal treatment systems.

**History**
- *History: 1984 AACS; 1993 AACS; 2003 AACS.*

##### **Mich. Admin. Code R 325.10604b** MCLs for volatile organic chemicals other than total trihalomethanes {#sec-r-325.10604b omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10604b}

Rule 604b. (1) The maximum contaminant levels and effective dates for volatile organic chemicals in table 1 of this rule apply to community and nontransient noncommunity water supplies.

Table 1 MCLs for volatile organic chemicals Contaminant Maximum Contaminant Level in mg/lEffective Date Benzene0.005January 9, 1989.

Vinyl chloride0.002January 9, 1989.

Carbon tetrachloride0.005January 9, 1989. 1,2-dichloroethane0.005January 9, 1989.

Trichloroethylene0.005January 9, 1989. 1,1-dichloroethylene0.007January 9, 1989. 1,1,1-trichloroethane0.20January 9, 1989. para-dichlorobenzene0.075January 9, 1989. cis-1,2-dichloroethylene0.07July 30, 1992. 1,2-dichloropropane0.005July 30, 1992.

Ethylbenzene0.7July 30, 1992.

Monochlorobenzene0.1July 30, 1992. 0-dichlorobenzene0.6July 30, 1992.

Contaminant Maximum Contaminant Level in mg/lEffective Date Styrene0.1July 30, 1992.

Tetrachloroethylene0.005July 30, 1992.

Toluene1July 30, 1992. trans-1, 2-dichloroethylene0.1July 30, 1992.

Xylenes (total)10July 30, 1992.

Dichloromethane0.005January 17, 1994. 1,2,4-Trichlorobenzene0.07January 17, 1994. 1,1,2-Trichloroethane0.005January 17, 1994.

(2) Compliance with the MCLs in table 1 of this rule shall be determined based on the analytical results obtained at each sampling point. If 1 sampling point is in violation of the MCL, then the supply is in violation of the MCL. All of the following provisions apply:

(a) For supplies monitoring more than once per year, compliance with the MCL is determined by a running annual average at each sampling point.

(b) Supplies monitoring annually or less frequently whose sample result exceeds the MCL shall begin quarterly sampling. Compliance with the MCL shall be based on the running annual average. For the purpose of calculating the running annual average, the initial exceedance shall be considered the result for the first quarter. If the department requires a confirmation sample under R 325.10716(15), then the average of the initial exceedance and the confirmation sample shall be considered the result for the first quarter. The supply shall not be considered in violation of the MCL until it has completed 1 year of quarterly sampling.

(c) If any sample result causes the running annual average to exceed the MCL at any sampling point, then the supply is out of compliance with the MCL immediately.

(d) If a supply fails to collect the required number of samples, then compliance shall be based on the total number of samples collected.

(e) If a sample result is less than the detection limit, then zero shall be used to calculate the annual average.

**History**
- *History: 1989 AACS; 1993 AACS; 1994 AACS; 2005 AACS.*

##### **Mich. Admin. Code R 325.10604c** MCL for inorganic chemicals {#sec-r-325.10604c omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10604c}

Rule 604c. (1) Except as specified, the maximum contaminant levels and effective dates for inorganic chemicals in table 1 of this rule apply to community and nontransient noncommunity water supplies. These pubic water supplies are considered "water supplies" or "supplies" in this rule.

Table 1 MCLs for inorganic chemicals Contaminant Maximum Contaminant Level in mg/l Effective Date Antimony0.006January 17, 1994.

Arsenic0.010April 6, 2005.

Contaminant Maximum Contaminant Level in mg/l Effective Date Asbestos 7 million fibers per liter (longer than 10 um)

July 30, 1992.

Barium2January 1, 1993.

Beryllium0.004January 17, 1994.

Cadmium0.005July 30, 1992.

Chromium0.1July 30, 1992.

Cyanide (as free cyanide)0.2January 17, 1994.

Fluoride 4.0[effective date of this rule]

Mercury0.002July 30, 1992.

NickelMCL withdrawnMay30, 2002 Nitrate (as Nitrogen) 10July 30, 1992.

Nitrite (as Nitrogen) 1July 30, 1992.

Total Nitrate and Nitrite (as Nitrogen) 10 July 30, 1992.

Selenium0.05July 30, 1992.

Thallium0.002January 17, 1994.

The MCL and effective date apply to only community water supplies.

The MCLs and effective dates apply to community and noncommunity water supplies.

(2) Compliance with the MCL requirements of this rule shall be determined based on the analytical results that are obtained at each sampling point as specified in R 325.10710. If 1 sampling point is in violation of an MCL, then the water supply is in violation of the MCL.

All of the following provisions apply:

(a) For supplies monitoring more than once per year, compliance with the MCL for antimony, arsenic, asbestos, barium, beryllium, cadmium, chromium, cyanide, fluoride, mercury, nickel, selenium, or thallium is determined by a running annual average at each sampling point.

(b) Supplies monitoring annually or less frequently whose sample result exceeds the MCL for antimony, arsenic, asbestos, barium, beryllium, cadmium, chromium, cyanide, fluoride, mercury, nickel, selenium, or thallium shall begin quarterly sampling. Compliance with the MCL shall be based on the running annual average. For the purpose of calculating the running annual average, the initial exceedance shall be considered the result for the first quarter. If the department requires a confirmation sample under R 325.10710(9), then the average of the initial exceedance and the confirmation sample shall be considered the result for the first quarter. The supply shall not be considered in violation of the MCL until it has completed 1 year of quarterly sampling.

(c) If any sample result causes the running annual average to exceed the MCL at any sampling point, then the supply is out of compliance with the MCL immediately.

(d) If a supply fails to collect the required number of samples, then compliance shall be based on the total number of samples collected.

(e) If a sample result is less than the detection limit, then zero shall be used to calculate the annual average.

(f) Compliance with the MCLs for nitrate and nitrite is determined based on 1 sample if the levels of these contaminants are below the MCLs. If the level of nitrate or nitrite or the combination of nitrate and nitrite is more than the MCLs in the initial sample, then a confirmation sample is required under R 325.10710(9)(b) and (c), and compliance shall be determined based on the average of the initial and confirmation samples.

(3) The department may allow nitrate levels above 10 milligrams per liter but not more than 20 milligrams per liter in a noncommunity water supply if the supply demonstrates, to the satisfaction of the department, all of the following:

(a) A permanent alternate source of water meeting state drinking water standards can not be obtained.

(b) The water will not be available to children under 6 months of age.

(d) There is continuous posting at all drinking water outlets available to the public that nitrate levels exceed 10 mg/l and the potential health effects of exposure as specified in part 4 of these rules.

(e) Adverse health effects are not documented.

**History**
- *History: 2005 AACS; 2009 AACS.*

##### **Mich. Admin. Code R 325.10604d** MCLs for synthetic organic chemicals {#sec-r-325.10604d omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10604d}

Rule 604d. (1) The maximum contaminant levels and effective dates for synthetic organic chemicals in table 1 of this rule apply to community and nontransient, noncommunity water supplies.

Table 1 MCLs for synthetic organic chemicals Contaminant Maximum Contaminant Level in mg/lEffective Date Alachlor0.002July 30, 1992.

Aldicarb0.003July 30, 1992.

Aldicarb sulfoxide0.004July 30, 1992.

Aldicarb sulfone0.002July 30, 1992.

Atrazine0.003July 30, 1992.

Benzo(a)pyrene0.0002January 17, 1994.

Carbofuran0.04July 30, 1992.

Chlordane0.002July 30, 1992.

Dalapon0.2January 17, 1994.

Di(2-ethylhexyl)adipate0.4January 17, 1994.

Di(2ethylhexyl)phthalate0.006January 17, 1994.

Dibromochloropropane0.0002July 30, 1992.

Dinoseb0.007January 17, 1994.

Diquat0.02January 17, 1994.

Endothall0.1January 17, 1994.

Endrin0.002August 17, 1992.

Ethylene dibromide0.00005July 30, 1992.

Glyphosate0.7January 17, 1994.

Heptachlor0.0004July 30, 1992.

Heptachlor epoxide0.0002July 30, 1992.

Hexachlorobenzene0.001January 17, 1994.

Hexachlorocyclopentadi ene0.05January 17, 1994.

Lindane0.0002July 30, 1992.

Methoxychlor0.04July 30, 1992.

Oxamyl (vydate)0.2January 17, 1994.

Pentachlorophenol0.001July 30, 1992.

Picloram0.5January 17, 1994.

Polychlorinated biphenyls0.0005July 30, 1992.

Simazine0.004January 17, 1994.

Toxaphene0.003July 30, 1992. 2,3,7,8-TCDD (dioxin)3 X 10 -8 January 17, 1994. 2,4-D0.07July 30, 1992. 2,4,5-TP silvex0.05July 30, 1992.

(2) Compliance with the MCLs in table 1 of this rule shall be determined based on the analytical results obtained at each sampling point. If 1 sampling point is in violation of an MCL, then the supply is in violation of the MCL. All of the following provisions apply:

(a) For supplies monitoring more than once per year, compliance with the MCL is determined by a running annual average at each sampling point.

(b) Supplies monitoring annually or less frequently whose sample results exceed the regulatory detection level as defined in R 325.10605 shall begin quarterly sampling.

Compliance with the MCL shall be based on the running annual average. For the purpose of calculating the running annual average, the initial exceedance shall be the result for the first quarter. If the department requires a confirmation sample under R 325.10717(12), then the average of the initial exceedance and the confirmation sample shall be the result for the first quarter. The supply shall not be in violation of the MCL until it has completed 1 year of quarterly sampling.

(c) If any sample result causes the running annual average to exceed the MCL at any sampling point, then the supply is out of compliance with the MCL immediately.

(d) If a supply fails to collect the required number of samples, then compliance shall be based on the total number of samples collected.

(e) If a sample result is less than the detection limit, then zero shall be used to calculate the annual average.

**History**
- *History: 1993 AACS; 1994 AACS; 1998 AACS; 2005 AACS.*

##### **Mich. Admin. Code R 325.10604e** Treatment techniques for acrylamide and epichlorohydrin {#sec-r-325.10604e omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10604e}

Rule 604e. Each public water supply that uses acrylamide or epichlorohydrin in its drinking water system shall provide annual written certification to the department, using third party or manufacturer's certification, that the combination, or product, of dose and monomer level is not more than 0.05% acrylamide dosed at 1 part per million, or equivalent, and not more than 0.01% epichlorohydrin dosed at 20 parts per million, or equivalent. This rule establishes treatment techniques for acrylamide and epichlorohydrin in place of maximum contaminant levels.

**History**
- *History: 1993 AACS.*

##### **Mich. Admin. Code R 325.10604f** Treatment techniques for lead and copper {#sec-r-325.10604f omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10604f}

Rule 604f. (1) Treatment techniques for lead and copper are as follows:

(a) This rule, R 325.10410, and R 325.10710a to R 325.10710d are the requirements for lead and copper and apply to community and nontransient noncommunity water supplies.

These public water supplies are considered "water supplies" or "supplies" in this rule, R 325.10410, and R 325.10710a to R 325.10710d.

(b) These rules establish a treatment technique that includes requirements for corrosion control treatment, source water treatment, lead service line replacement, and public education. These requirements are triggered, in some cases, by lead and copper action levels measured in samples that are collected at consumers' taps.

(c) Through December 31, 2024, the lead action level is exceeded if the ninetieth percentile lead level is more than 0.015 milligrams per liter (mg/l) in tap water samples collected during a monitoring period conducted under R 325.10710a. Beginning January 1, 2025, the lead action level is exceeded if theninetieth percentile lead level is more than 0.012 mg/l in tap water samples collected during a monitoring period conducted under R 325.10710a. The copper action level is exceeded if the ninetieth percentile copper level is more than 1.3 mg/l in tap water samples collected during a monitoring period conducted under R 325.10710a. The ninetieth percentile lead and copper levels shall be computed as follows:

(i) The highest lead result or the highest copper result from each sampling site taken during a monitoring period shall be placed in ascending order from the sample with the lowest concentration to the sample with the highest concentration. Each sampling result shall be assigned a number, ascending by single integers beginning with the number 1 for the sample with the lowest contaminant level. The number assigned to the sample with the highest contaminant level shall be equal to the total number of samples taken.

(ii) The number of samples taken during the monitoring period shall be multiplied by 0.9.

(iii) The contaminant concentration in the numbered sample yielded by the calculation in paragraph (ii) of this subdivision is the ninetieth percentile contaminant level.

(iv) If a total of 5 samples are collected per monitoring period, the ninetieth percentile is computed by taking the average of the highest and second highest concentrations.

(v) For a water supply that has been allowed by the department to collect fewer than 5 samples under R 325.10710a(3), the sample result with the highest concentration is considered the 90th percentile value.

(d) A supply shall install and operate optimal corrosion control treatment on the system under subrules (2) and (3) of this rule. A supply that is in compliance with the applicable corrosion control treatment requirements specified by the department under subrules (2) and (3) of this rule is in compliance with the treatment requirement.

(e) A supply exceeding the lead or copper action level shall implement all applicable source water treatment requirements specified by the department under subrule (4) of this rule.

(f) A supply exceeding the lead action level after implementation of applicable corrosion control and source water treatment requirements shall complete the lead service line replacement requirements contained in subrule (5) of this rule. All other supplies shall complete the lead service line replacement requirements contained in subrule (6) of this rule.

(g) Under R 325.10410, all water supplies shall provide a consumer notice of lead and copper tap water monitoring results to persons served at the sites (taps) that are tested. A supply exceeding the lead action level shall implement the public education requirements specified in R 325.10410.

(h) Tap water monitoring for lead and copper, monitoring for water quality parameters, source water monitoring for lead and copper, and analyses of the monitoring results under this subrule shall be completed under R 325.10605, R 325.10710a, R 325.10710b, and R 325.10710c.

(i) A supply shall report, to the department, the information required by the treatment provisions of this subrule and R 325.10710d.

(j) A supply shall maintain records under R 325.11506(1)(e).

(k) Failure to comply with the applicable requirements of this rule, R 325.10410, R 325.10710a, R 325.10710b, R 325.10710c, R 325.10605, R 325.10710d, and R 325.11506(1)(e) constitutes a violation of these rules for lead or copper, as applicable.

(l) When notified of a new source or long-term change in treatment as required under R 325.10710d(a)(iii), the department may require the supply to conduct a new or updated corrosion control study as described in R 325.10604f(3)(c), additional monitoring, or other action the department considers appropriate to ensure the supply maintains optimal corrosion control.

(m) The department may require the supply to conduct a new or updated corrosion control study as described in R 325.10604f(3)(c).

(2) Corrosion control treatment steps apply to small, medium size, and large water supplies as follows:

(a) A supply shall complete the applicable corrosion control treatment requirements described in subrule (3) of this rule by the deadlines established in this rule. A large water supply (serving more than 50,000 persons) shall complete the corrosion control treatment steps specified in subdivision (d) of this subrule, unless the supply is considered to have optimized corrosion control under subdivision (b) (ii) or (iii) of this subrule. A small water system (serving 3,300 or fewer persons) and a medium size water system (serving more than 3,300, but fewer than 50,001 persons) shall complete the corrosion control treatment steps specified in subdivision (e) of this subrule unless the supply is considered to have optimized corrosion control under subdivision (b)(i), (ii), or (iii) of this subrule.

(b) A supply is considered to have optimized corrosion control and is not required to complete the applicable corrosion control treatment steps identified in subrule (3) of this rule if the supply is in compliance with 1 of the criteria specified in paragraphs (i) to (iii) of this subdivision. A supply which is considered to have optimized corrosion control under this subdivision and which has treatment in place, or is receiving water from a supply considered optimized under this subdivision, shall continue to operate and maintain optimal corrosion control treatment and meet the requirements that the department determines appropriate to ensure optimal corrosion control treatment is maintained. All of the following provisions apply to being considered to have optimized corrosion control:

(i) A small or medium size water supply is considered to have optimized corrosion control if the supply is in compliance with the lead and copper action levels during each of 2 consecutive 6-month monitoring periods during which monitoring is conducted under R 325.10710a.

(ii) A water supply may be considered by the department to have optimized corrosion control treatment if the supply demonstrates, to the satisfaction of the department, that it has conducted activities equivalent to the corrosion control steps applicable to the system under subrule (3) of this rule. Supplies considered to have optimized corrosion control under this subdivision shall operate in compliance with the department designated optimal water quality control parameters under subrule (3)(g) of this rule and continue to conduct lead and copper tap and water quality parameter sampling under R 325.10710a(4)(c) and R 325.10710b(4), respectively. A supply shall provide the department with all of the following information to support a determination under this subdivision:

(A) The results of all test samples collected for each of the water quality parameters specified in subrule (3)(c)(iii) of this rule.

(B) A report that explains the test methods used by the water supply to evaluate the corrosion control treatments listed in subrule (3) of this rule, the results of all tests conducted, and the basis for the supply's selection of optimal corrosion control treatment.

(C) A report that explains how corrosion control has been installed and how it is being maintained to ensure minimal lead and copper concentrations at consumers' taps.

(D) The results of tap water samples collected under R 325.10710a at least once every 6 months for 1 year after corrosion control has been installed.

(iii) A water supply is considered to have optimized corrosion control if it submits results of tap water monitoring conducted under R 325.10710a and source water monitoring conducted under R 325.10710c that demonstrates, for 2 consecutive 6-month monitoring periods, that the difference between the ninetieth percentile tap water lead level computed under subrule (1)(c) of this rule and the highest source water lead concentration is less than the practical quantitation level for lead. In addition, all of the following provisions apply:

(A) A supply whose highest source water lead level is below the method detection limit is considered to have optimized corrosion control under this paragraph if the supply's ninetieth percentile tap water lead level is less than or equal to the practical quantitation level for lead for 2 consecutive 6-month monitoring periods.

(B) A water supply considered to have optimized corrosion control under this paragraph shall continue monitoring for lead and copper at the tap not less frequently than once every 3 calendar years using the reduced number of sites specified in R 325.10710a(3) and collecting the samples at times and locations specified in R 325.10710a(4)(d)(iv).

(C) A water supply considered to have optimized corrosion control under this subdivision shall notify the department, in writing, under R 325.10710d(a)(iii) of an upcoming long-term change in treatment or addition of a new source as described in that subdivision. The department shall review and approve the addition of a new source or longterm change in water treatment before it is implemented by the water supply. The department may require the supply to conduct additional monitoring or to take other action the department considers appropriate consistent with the requirements of R 325.10604f(2) to ensure that the supply maintains minimal levels of corrosion in the distribution system.

(D) As of July 12, 2001, a supply is not considered to have optimized corrosion control under this subdivision, and shall implement corrosion control treatment under subparagraph (E) of this paragraph unless it meets the copper action level.

(E) A supply that is no longer considered to have optimized corrosion control under this subdivision shall implement corrosion control treatment under the deadlines in subdivision (e) of this subrule. A large water supply shall adhere to the schedule specified in that subdivision for medium size water supplies, with the time periods for completing each step being triggered by the date the supply is no longer considered to have optimized corrosion control under this subdivision.

(c) If a small or medium size water supply exceeds the lead or copper action level and the supply is required to perform the corrosion control treatment steps, the supply may cease completing the treatment steps when the supply is in compliance with both action levels during each of 2 consecutive monitoring periods conducted under R 325.10710a and the supply submits the results to the department. If the supply thereafter exceeds the lead or copper action level during a monitoring period, the supply shall recommence the applicable treatment steps beginning with the first treatment step that was not previously completed in its entirety. The department may require a supply to repeat treatment steps that were previously completed by the supply if the department determines that this is necessary to properly implement the treatment requirements of this rule. The department shall notify the supply in writing of the determination and explain the basis of the decision.

If a small or medium size water supply exceeds the lead or copper action level, the supply, including supplies considered to have optimized corrosion control under subdivision (b) of this subrule, shall implement corrosion control treatment steps under subdivision (e) of this subrule.

(d) Except as provided in subdivision (b)(ii) and (iii) of this subrule, a large water supply shall complete all of the following corrosion control treatment steps by the indicated dates:

(i) Step 1: A supply shall conduct initial monitoring during 2 consecutive 6-month monitoring periods by January 1, 1993.

(ii) Step 2: A supply shall complete corrosion control studies by July 1, 1994.

(iii) Step 3: By January 1, 1997, a supply shall install optimal corrosion control treatment as designated by the department.

(iv) Step 4: A supply shall complete follow-up sampling by January 1, 1998.

(v) Step 5: A supply shall operate in compliance with the department specified optimal water quality control parameters and continue to conduct tap sampling.

(e) Except as provided in subdivision (b) of this subrule, small and medium size water supplies shall complete all of the following corrosion control treatment steps by the indicated time periods:

(i) Step 1: A supply shall conduct initial tap sampling under R 325.10604f(3)(a) until the supply either exceeds the lead or copper action level or becomes eligible for reduced monitoring. The supply that exceeds the lead or copper action level shall recommend optimal corrosion control treatment within 6 months after the end of the monitoring period during which it exceeds 1 of the action levels.

(ii) Step 2: Within 12 months after the end of the monitoring period during which a supply exceeds the lead or copper action level, the department may require the supply to perform corrosion control studies under subdivision (3)(b) of this rule. If the department does not require the supply to perform the studies, the department shall specify optimal corrosion control treatment under subdivision (3)(d) of this rule within the following timeframes:

(A) For medium-size supplies, within 12 months after the end of the monitoring period during which the supply exceeds the lead or copper action level.

(B) For small supplies, within 12 months after the end of the monitoring period during which the supply exceeds the lead or copper action level.

(iii) Step 3: If the department requires a supply to perform corrosion control studies under subdivision (3)(b) of this rule, the supply shall complete the studies within 12 months after the department requires that the studies be conducted. If the supply has performed corrosion control studies under paragraph (ii) of this subdivision, the department shall designate optimal corrosion control treatment under subdivision (3)(d) of this rule within 6 months after completion of the corrosion control studies.

(iv) Step 4: A supply shall install optimal corrosion control treatment within 12 months after the department designates the treatment.

(v) Step 5: A supply shall complete follow-up sampling under R 325.10710a(4)(b) within 24 months after the department designates optimal corrosion control treatment. The department shall review the supply's installation of treatment and designate optimal water quality control parameters under R 325.10604f(3)(d)(ii) within 6 months after the supply's completion of follow-up sampling.

(vi) Step 6: A supply shall operate in compliance with the department designated optimal water quality control parameters under R 325.10604f(3)(d)(ii) and continue to conduct tap sampling under R 325.10710a(4)(c) and R 325.10710b(6).

(3) A water supply shall complete all the corrosion control treatment requirements described in this subrule that are applicable to the system under subrule (2) of this rule. All of the following apply:

(a) Based on the results of lead and copper tap monitoring and water quality parameter monitoring, small and medium size water systems that exceed the lead or copper action level shall recommend the installation of 1 or more of the corrosion control treatments listed in subdivision (c)(i) of this subrule that the supply believes constitutes optimal corrosion control for that system. The department may require the supply to conduct additional water quality parameter monitoring under R 325.10710b(4) to assist the department in reviewing the supply's recommendation.

(b) When required by the department, a small or medium size water supply that exceeds the lead or copper action level shall perform corrosion control studies under subdivision (c) of this subrule to identify optimal corrosion control treatment for the supply.

(i) A water supply that performs corrosion control studies shall evaluate the effectiveness of each of the following treatments and, if appropriate, combinations of the following treatments to identify the optimal corrosion control treatment for that supply:

(A) Alkalinity and pH adjustment.

(B) Calcium hardness adjustment.

(C) The addition of a phosphate or silicate based corrosion inhibitor at a concentration sufficient to maintain an effective residual concentration in all test tap samples.

(ii) The water supply shall evaluate each of the corrosion control treatments using pipe rig/loop tests, metal coupon tests, partial system tests, or analyses based on documented analogous treatments with other water supplies of similar size, water chemistry, and distribution system configuration.

(iii) A water supply shall measure all of the following water quality parameters in tests conducted under this paragraph before and after evaluating the corrosion control treatments listed in paragraph (i)(A) to (C) of this subdivision:

(A) Lead.

(B) Copper.

(D) Alkalinity.

(E) Calcium.

(F) Conductivity.

(G) Orthophosphate, when an inhibitor containing a phosphate compound is used.

(H) Silicate, when an inhibitor containing a silicate compound is used.

(I) Water temperature.

(J) Sulfate.

(K) Chloride.

(iv) The water supply shall identify all chemical or physical constraints that limit or prohibit the use of a particular corrosion control treatment and shall document the constraints with 1 or both of the following:

(A) Data and documentation demonstrating that a particular corrosion control treatment has adversely affected other water treatment processes when used by another water supply with comparable water quality characteristics.

(B) Data and documentation demonstrating that the supply has previously attempted to evaluate a particular corrosion control treatment and has found that the treatment is ineffective or adversely affects other water quality treatment processes.

(v) A water supply shall evaluate the effect of the chemicals used for corrosion control treatment in other water quality treatment processes.

(vi) On the basis of an analysis of the data generated during each evaluation, a water supply shall recommend, to the department, in writing, the treatment option that the corrosion control studies indicate constitutes optimal corrosion control treatment for that supply. The water system shall provide a rationale for its recommendation together with all supporting documentation specified in paragraphs (i) to (v) of this subdivision.

(d) Department designation of optimal corrosion control treatment shall be as follows:

(i) Based on consideration of available information, including, where applicable, studies performed under subdivision (c) of this subrule and a supply's recommended treatment alternative, the department will either approve the corrosion control treatment option recommended by the supply or will designate alternative corrosion control treatment from the treatment specified in subdivision (c)(i) of this subrule. When designating optimal treatment, the department shall consider the effects that additional corrosion control treatment will have on water quality parameters and on other water quality treatment processes.

(ii) The department shall notify the supply of its decision on optimal corrosion control treatment in writing and explain the basis for this determination. If the department requests additional information to aid its review, the water supply shall provide the information.

(e) Each supply shall properly install and operate, throughout its distribution system, the optimal corrosion control treatment designated by the department.

(f) The department shall evaluate the results of all lead and copper tap samples and water quality control parameter samples submitted by the water supply and determine whether the supply has properly installed and operated the optimal corrosion control treatment designated by the department in subdivision (d) of this subrule. Upon reviewing the results of tap water and water quality control parameter monitoring by the supply, both before and after the supply installs optimal corrosion control treatment, the department shall designate all of the following:

(i) A minimum value or a range of values for pH measured at each entry point to the distribution system.

(ii) A minimum pH value, measured in all tap samples. Such value shall be equal to or greater than 7.0, unless the department determines that meeting a pH level of 7.0 is not technologically feasible or is not necessary for the supply to optimize corrosion control.

(iii) If a corrosion inhibitor is used, a minimum concentration or a range of concentrations for the inhibitor, measured at each entry point to the distribution system and in all tap samples, that the department determines is necessary to form a passivating film on the interior walls of the pipes of the distribution system.

(iv) If alkalinity is adjusted as part of optimal corrosion control treatment, a minimum concentration or a range of concentrations for alkalinity, measured at each entry point to the distribution system and in all tap samples.

(v) If calcium carbonate stabilization is used as part of corrosion control, a minimum concentration or a range of concentrations for calcium, measured in all tap samples.

(vi) The department may designate values for additional water quality control parameters determined by the department to reflect optimal corrosion control for the supply. The department shall notify the supply in writing of these determinations and explain the basis for its decision.

(g) All supplies optimizing corrosion control shall continue to operate and maintain optimal corrosion control treatment, including maintaining water quality parameters at or above minimum values or within ranges designated by the department, under this subdivision for all samples collected under R 325.10710b(6) to (8). Compliance with the requirements of this subdivision shall be determined every 6 months, as specified under R 325.10710b(6). A water system is out of compliance with the requirements of this subdivision for a 6-month period if it has excursions for a department specified parameter on more than 9 days during the period. An excursion occurs when the daily value for 1 or more of the water quality parameters measured at a sampling location is below the minimum value or outside the range designated by the department. The department may delete results of obvious sampling errors from this calculation. Daily values are calculated as follows:

(i) On days when more than 1 measurement for the water quality parameter is collected at the sampling location, the daily value shall be the average of all results collected during the day regardless of whether they are collected through continuous monitoring, grab sampling, or a combination of both.

(ii) On days when only 1 measurement for the water quality parameter is collected at the sampling location, the daily value shall be the result of that measurement.

(iii) On days when a measurement is not collected for the water quality parameter at the sampling location, the daily value shall be the daily value calculated on the most recent day on which the water quality parameter was measured at the sample site.

(h) The department's determination of the optimal corrosion control treatment specified in subdivision (d) of this subrule or optimal water quality control parameters may be modified by the department. If a request for modification is by a supply or other interested person, the request shall be in writing, shall explain why the modification is appropriate, and shall provide supporting documentation. The department may modify its determination where it concludes that a change is necessary to ensure that the supply continues to optimize corrosion control treatment.

(4) A water supply shall complete the applicable source water monitoring and treatment requirements by the following deadlines:

(a) The deadlines for completing source water treatment steps are as follows:

(i) Step 1: A supply exceeding the lead or copper action level shall complete lead and copper source water monitoring under R 325.10710c(2) and make a treatment recommendation to the department under paragraph (b)(i) of this subdivision not later than 180 days after the end of the monitoring period during which the lead or copper action level was exceeded. The department shall make a determination regarding source water treatment under paragraph (b)(ii) of this subrule within 6 months after submission of monitoring results under this paragraph.

(ii) Step 2: If the department requires installation of source water treatment, the supply shall install the treatment within 24 months after the date of written notification by the department under paragraph (i) of this subdivision.

(iii) Step 3: The supply shall complete follow-up tap water monitoring under R 325.10710a(4)(b) and source water monitoring under R 325.10710c(3) within 36 months after the date of written notification by the department under paragraph (i) of this subdivision. The department shall review the supply's installation and operation of source water treatment and specify maximum permissible source water levels under R 325.10604f(4)(b)(iv) within 6 months after completion of the follow-up tap water monitoring and source water monitoring of this paragraph.

(iv) Step 4: A supply shall operate in compliance with the department specified maximum permissible lead and copper source water levels and shall continue source water monitoring.

(b) Source water treatment requirements are as follows:

(i) A system that exceeds the lead or copper action level shall recommend, in writing, to the department, the installation and operation of 1 of the source water treatments listed in paragraph (ii) of this subdivision. A supply may recommend that no treatment be installed based on a demonstration that source water treatment is not necessary to minimize lead and copper levels at users' taps.

(ii) The department shall complete an evaluation of the results of all source water samples submitted by the supply to determine whether source water treatment is necessary to minimize lead or copper levels in water delivered to users' taps. If the department determines that source water treatment is needed to minimize lead or copper levels in water that is delivered to users' taps, the department will either require installation and operation of the source water treatment recommended by the supply or require the installation and operation of another source water treatment from among the following alternatives:

(A) Ion exchange.

(B) Reverse osmosis.

(D) Coagulation/filtration.

If the department requests additional information to aid in its review, the water supply shall provide the information by the date specified by the department in its request. The department shall notify the supply in writing of its determination and set forth the basis for its decision.

(iii) Each supply shall properly install and operate the source water treatment designated by the department under paragraph (ii) of this subdivision. The department shall review the source water samples taken by the supply both before and after the supply installs source water treatment and determine whether the supply has properly installed and operated the source water treatment designated by the department.

(iv) Based on the department's review of the source water treatment, the department shall designate the maximum permissible lead and copper concentrations for finished water entering the distribution system. These levels shall reflect the contaminant removal capability of the treatment properly operated and maintained. The department shall notify the supply in writing and explain the basis for its decision. Each water supply shall maintain lead and copper levels below the maximum permissible concentrations designated by the department at each sampling point monitored under R 325.10710c. A supply is out of compliance with this subrule if the level of lead or copper at a sampling point is more than the maximum permissible concentration designated by the department.

(v) Upon its own initiative or in response to a request by a water supply or other interested person, the department may modify its determination of the source water treatment or maximum permissible lead and copper concentrations for finished water entering the distribution system. A request for modification by a supply or other interested person shall be in writing, explain why the modification is appropriate, and provide supporting documentation. The department may modify its determination where it concludes that a change is necessary to ensure that the supply continues to minimize lead and copper concentrations in source water. A revised determination shall be made in writing, set forth the new treatment requirements, explain the basis for the department's decision, and provide an implementation schedule for completing the treatment modifications.

(5) For a water supply that exceeds the lead action level after installing corrosion control or source water treatment, lead service line replacement requirements are as follows:

(a) A water supply that exceeds the lead action level in tap samples taken under R 325.10710a(4)(b) after installing corrosion control or source water treatment, or both, whichever sampling occurs later, shall replace lead service lines under the requirements of this subrule. If a supply is in violation of subrule (2) or (4) of this rule for failure to install source water or corrosion control treatment, then the department may require the supply to commence lead service line replacement after the date that the supply was required to conduct monitoring under R 325.10710a(4)(b).

(b) Annually, a water supply shall replace not less than 7% of the initial number of lead service lines, and galvanized service lines if the service line is or was connected to lead piping, in its distribution system. The initial number of lead service lines is the number of lead lines in place when the replacement program begins. The supply shall identify the initial number of lead service lines in its distribution system, based on a materials evaluation, including the evaluation required under R 325.10710a(1), or the materials inventory required under R 325.11604(c). The first year of lead service line replacement shall begin on the first day following the end of the monitoring period in which the action level was exceeded in subdivision (a) of this subrule. If monitoring is required annually or less frequently, the end of the monitoring period is September 30 of the calendar year in which the sampling occurs. If the department has established an alternate monitoring period, then the end of the monitoring period will be the last day of that period.

(c) If a supply controls the entire service line in accordance with subdivision (g) of this subrule, the supply shall replace the entire lead service line. If the supply does not own the entire lead service line, the supply shall notify the owner of the line, or the owner's authorized agent, that the supply will replace the portion of the service line that it owns and the owner's portion of the line at water supply expense. If the building owner does not consent, the supply shall not replace any portion of the service line, unless in conjunction with emergency repair. Prior to service line replacement, a water supply shall complete both of the following tasks:

(i) Not less than 45 days before commencing replacement of a lead service line, the water system shall provide notice to the resident or residents of all buildings served by the line explaining that they may experience a temporary increase of lead levels in their drinking water, along with guidance on measures consumers can take to minimize their exposure to lead. The water supply may provide notice under the previous sentence less than 45 days before commencing lead service line replacement where the replacement is in conjunction with emergency repairs.

(ii) The water supply shall provide the information required by paragraph (i) of this subdivision to the residents of individual dwellings by mail or by other methods approved by the department. If multifamily dwellings are served by the line, the supply shall have the option to post the information at a conspicuous location.

(iii) In the event of a partial lead service line replacement resulting from an emergency repair, the water supply shall inform the resident or residents served by the line that the supply will, at the supply's expense, collect a sample from each partially replaced lead service line that is representative of the water in the service line for analysis of lead content, as prescribed under R 325.10710a(2)(c), within 72 hours after the completion of the partial replacement of the service line. The supply shall collect the sample and report the results of the analysis to the owner and the resident or residents served by the line within 3 business days of receiving the results. Mailed notices postmarked within 3 business days of receiving the results are satisfactory.

(d) A water supply shall replace lead service lines on a shorter schedule than that required by this subrule, if directed by the department. The department shall take into account the number of lead service lines in the system, where a shorter replacement schedule is feasible. The department shall make this determination in writing and notify the supply of its finding within 6 months after the supply is triggered into lead service line replacement based on monitoring referenced in subdivision (a) of this subrule.

(e) A supply may cease replacing lead service lines under this subrule when samples collected under R 325.10710a(2) meet the lead action level during each of 2 consecutive monitoring periods and the supply submits the results to the department. If the supply thereafter exceeds the lead action level, the supply shall recommence replacing lead service lines under subdivision (b) of this subrule.

(f) To demonstrate compliance with subdivisions (a) to (c) of this subrule, a supply shall report the information specified in R 325.10710d(e) to the department.

(g) A supply is presumed to control the entire service line unless the supply demonstrates in writing that it does not have any of the following forms of control over the entire service line, as provided by state statute, local ordinance, public service contract, or other applicable legal authority:

(i) Authority to set standards for construction, repair, or maintenance of the service line.

(ii) Authority to replace, repair, or maintain the service line.

(iii) Ownership of the service line.

(h) Coating and lining techniques shall not be used to meet the service line replacement requirements under this subrule.

(6) Unless subject to service line replacement requirements under subrule (5) of this rule, water supply service line replacement requirements are as follows:

(a) A water supply shall replace all lead service lines, and galvanized service lines if the service line is or was connected to lead piping. Service lines that are physically disconnected from the distribution system are exempt from this requirement.

(b) Beginning the year after the preliminary distribution system materials inventory is complete, service lines under this subrule shall be replaced at a rate averaging 5% per year, not to exceed 20 years total for replacement of all service lines under this subrule, unless an alternate schedule in an asset management plan is approved by the department. The Water Asset Management Council, if created, may advise the department on such decisions.

(c) If a supply controls the entire service line, the supply shall replace the entire service line at the water supply’s expense.

(d) A supply is presumed to control the entire service line unless the supply demonstrates in writing that it does not have any of the following forms of control over the entire service line, as provided by state statute, local ordinance, public service contract, or other applicable legal authority:

(i) Authority to set standards for construction, repair, or maintenance of the service line.

(ii) Authority to replace, repair, or maintain the service line.

(iii) Ownership of the service line.

(e) A water supply shall replace the entire lead service line. If the supply does not own the entire service line, the supply shall notify the owner of the line, or the owner’s authorized agent, that the supply will replace the portion of the service line that it owns and the owner's portion of the line at the supply’s expense. If the building owner does not consent, the supply shall not replace any portion of the service line, unless in conjunction with emergency repair. A water supply shall complete all of the following tasks:

(i) Not less than 45 days before commencing the lead service line replacement, the water supply shall provide notice to the owner and residents of all buildings served by the line explaining that they may experience a temporary increase of lead levels in their drinking water, along with guidance on measures consumers can take to minimize their exposure to lead.

(ii) The water supply may provide notice less than 45 days before commencing lead service line replacement where the replacement is in conjunction with emergency repairs.

(iii) The water supply shall provide the information required by paragraph (i) of this subdivision to the residents of individual dwellings by mail or by other methods approved by the department. If multifamily dwellings are served by the line, the supply shall have the option to post the information at a conspicuous location.

(iv) In the event of a partial lead service line replacement resulting from an emergency repair, the water supply shall inform the resident or residents served by the line that the supply will, at the supply's expense, collect a sample from each partially replaced lead service line that is representative of the water in the service line for analysis of lead content, as prescribed under R 325.10710a(2)(c), within 72 hours after the completion of the partial replacement of the service line. The supply shall collect the sample and report the results of the analysis to the owner and the resident or residents served by the line within 3 business days of receiving the results. Mailed notices postmarked within 3 business days of receiving the results are satisfactory.

(v) Any remaining lead service line, including the privately owned portion, must be documented in the water supply’s distribution system materials inventory required under R 325.11604(c).

(f) Service lines that are physically disconnected from the distribution system are exempt from this subrule.

(g) Coating and lining techniques shall not be used to meet the service line replacement requirements under this subrule.

Editor's Note: An obvious error in R 325.10604f was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Michigan Register, 2018 MR 11. The memorandum requesting the correction was published in Michigan Register, 2018 MR 12.

**History**
- *History: 1994 AACS; 2002 AACS; 2009 AACS; 2018 AACS.*

##### **Mich. Admin. Code R 325.10604g** MCLs for per- and polyfluoroalkyl substances {#sec-r-325.10604g omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10604g}

Rule 604g. (1) The maximum contaminant levels and effective dates for per- and polyfluoroalkyl substances in table 1 of this rule apply to community and nontransient noncommunity water supplies.

Table 1 MCLs for per and polyfluoroalkyl substances Contaminant Maximum Contaminant Level in ng/lEffective Date Hexafluoropropylene oxide dimer acid (HFPO-DA) 370 [effective date of this rule]

Perfluorobutane sulfonic acid (PFBS)420[effective date of this rule]

Perfluorohexane sulfonic acid (PFHxS)51[effective date of this rule]

Perfluorohexanoic acid (PFHxA)400,000[effective date of this rule]

Perfluorononanoic acid (PFNA)6[effective date of this rule]

Perfluorooctane sulfonic acid (PFOS)16[effective date of this rule]

Perfluorooctanoic acid (PFOA)8[effective date of this rule]

(2) Compliance with the MCLs in table 1 of this rule must be determined based on the analytical results obtained at each sampling point. If 1 sampling point is in violation of an MCL, then the supply is in violation of the MCL. All of the following provisions apply:

(a) For supplies monitoring more than once per year, compliance with the MCL is determined by a running annual average at each sampling point.

(b) Supplies monitoring annually whose sample result exceeds an MCL in table 1 of this rule shall begin quarterly sampling. Compliance with the MCL must be based on the running annual average. For the purpose of calculating the running annual average, the initial exceedance must be the result for the first quarter. If the department requires a confirmation sample under R 325.10717d(12), then the average of the initial exceedance and the confirmation sample must be the result for the first quarter, unless the department determines a sample should be excluded per R 325.10717d(12). The supply shall not be in violation of the MCL until it has completed 1 year of quarterly sampling.

(c) If any sample result causes the running annual average to exceed the MCL at any sampling point, then the supply is out of compliance with the MCL immediately.

(d) If a supply fails to collect the required number of samples, then compliance must be based on the total number of samples collected.

(e) If a sample result is less than the reporting limit, then zero must be used to calculate the annual average.

**History**
- *History: 2020 AACS.*

##### **Mich. Admin. Code R 325.10605** Analytical methods and sample collection procedures; incorporation by reference {#sec-r-325.10605 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10605}

Rule 605. The analytical methods and sample collection procedures used in the determination of compliance with the state drinking water standards for microbiological contaminants, fecal indicators, inorganic chemical contaminants, organic chemical contaminants, including maximum TTHM potential, turbidity, disinfectant residuals, disinfection byproducts, disinfection byproduct precursors, temperature, pH, conductivity, alkalinity, bromide, specific ultraviolet absorbance, total organic carbon, and radioactivity which are contained in 40 CFR parts 141 and 143, 2014, and which have been promulgated by the United States EPA under authority of the safe drinking water act of 1974 (public law 93-523), the safe drinking water act amendments of 1986 (public law 99-339), and the safe drinking water act amendments of 1996 (public law 104-182), 42 USC 300f et seq. are adopted by reference in these rules. The adopted material is contained in Title 40 CFR parts 136 to 149 and is available from the superintendent of documents at the address in R 325.10116(b) for a cost of $67.00 at the time of adoption of these rules. The adopted material is available for inspection from the offices of the department at the address in R 325.10116(a) or available on the Internet at http://www.ecfr.gov/.

**History**
- *History: 1979 AC; 1991 AACS; 1993 AACS; 1998 AACS; 2000 AACS; 2003 AACS; 2005 AACS; 2009 AACS; 2015 AACS.*

##### **Mich. Admin. Code R 325.10605a** Rescinded {#sec-r-325.10605a omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10605a}

**History**
- *History: 1984 AACS; 1993 AACS; 1998 AACS.*

##### **Mich. Admin. Code R 325.10605b** Rescinded {#sec-r-325.10605b omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10605b}

**History**
- *History: 1989 AACS; 1993 AACS; 1994 AACS; 1998 AACS.*

##### **Mich. Admin. Code R 325.10605c** Rescinded {#sec-r-325.10605c omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10605c}

**History**
- *History: 1984 AACS; 1993 AACS; 1998 AACS.*

##### **Mich. Admin. Code R 325.10605d** Rescinded {#sec-r-325.10605d omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10605d}

**History**
- *History: 1984 AACS; 1993 AACS; 1998 AACS.*

##### **Mich. Admin. Code R 325.10605e** Rescinded {#sec-r-325.10605e omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10605e}

**History**
- *History: 1984 AACS; 1993 AACS; 1998 AACS.*

##### **Mich. Admin. Code R 325.10606** Alternate analytical techniques {#sec-r-325.10606 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10606}

Rule 606. With the written permission of the department, concurred in by the administrator of the United States EPA, a public water supply owner may employ an alternate analytical technique. The use of the alternate analytical technique shall not decrease the frequency of monitoring required by these rules.

**History**
- *History: 1979 AC; 1998 AACS.*

##### **Mich. Admin. Code R 325.10607** Rescinded {#sec-r-325.10607 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10607}

**History**
- *History: 1979 AC; 1998 AACS.*

##### **Mich. Admin. Code R 325.10608** Rescinded {#sec-r-325.10608 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10608}

**History**
- *History: 1991 AACS; 1993 AACS; 1998 AACS.*

##### **Mich. Admin. Code R 325.10609** Rescinded {#sec-r-325.10609 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10609}

**History**
- *History: 1994 AACS; 1998 AACS.*

##### **Mich. Admin. Code R 325.10610** MCLs for disinfection byproducts {#sec-r-325.10610 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10610}

Rule 610. (1) Both of the following apply to bromate and chlorite:

(a) The maximum contaminant levels (MCLs) for bromate and chlorite are as follows:

Disinfection byproductMCL (mg/l)

Bromate0.010 Chlorite1.0 (b) The best available technologies, treatment techniques, or other means available for achieving compliance with the MCLs are as follows:

Disinfection byproductBest available technology.

Bromate Control of ozone treatment process to reduce production of bromate.

Chlorite Control of treatment processes to reduce disinfectant demand and control of disinfection treatment processes to reduce disinfectant levels.

(2) All of the following apply to total trihalomethanes and haloacetic acids:

(a) The MCLs for TTHM and HAA5 are as follows:

Disinfection byproductMCL (mg/L)

Total trihalomethanes (TTHM)0.080 Haloacetic acids (five) (HAA5)0.060 (b) For all supplies that disinfect their source water, the best available technologies, treatment techniques, or other means available for achieving compliance with the MCLs under subdivision (a) of this subrule are as follows:

Disinfection byproductBest available technology Total trihalomethanes (TTHM) and Haloacetic acids (five)

(HAA5).

Enhanced coagulation or enhanced softening, plus GAC10; or nanofiltration with a molecular weight cutoff less than or equal to 1000 Daltons; or GAC20 (c) The best technology, treatment techniques, or other means available for achieving compliance with the MCLs for TTHM and HAA5 under subdivision (a) of this subrule for consecutive supplies are as follows and applies only to the disinfected water that consecutive supplies buy or otherwise receive.

Disinfection byproductBest available technology Total trihalomethanes (TTHM) and Haloacetic acids (five)

(HAA5).

Supplies serving 10,000 or more people: Improved distribution system and storage tank management to reduce residence time, plus the use of chloramines for disinfectant residual maintenance.

Supplies serving fewer than 10,000 people: Improved distribution system and storage tank management to reduce residence time

**History**
- *History: 2003 AACS; 2005 AACS; 2009 AACS; 2015 AACS.*

##### **Mich. Admin. Code R 325.10610a** Maximum residual disinfectant levels {#sec-r-325.10610a omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10610a}

Rule 610a. (1) Maximum residual disinfectant levels (MRDLS) are as follows:

Disinfectant residualMRDL (mg/l)

Chlorine4.0 as chlorine Chloramines4.0 as chlorine Chlorine dioxide0.8 as chlorine dioxide (2) The best available technologies, treatment techniques, or other means available for achieving compliance with the maximum residual disinfectant levels under subrule (1) of this rule are control of treatment processes to reduce disinfectant demand and control of disinfection treatment processes to reduce disinfectant levels.

**History**
- *History: 2003 AACS; 2009 AACS.*

##### **Mich. Admin. Code R 325.10610b** Disinfectant residuals, disinfection byproducts, and disinfection byproduct precursors; compliance requirements {#sec-r-325.10610b omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10610b}

Rule 610b. (1) This rule, R 325.10610c, R 325.10719e, and R 325.10719f apply to community water supplies and nontransient noncommunity water supplies that add a chemical disinfectant to the water in any part of the drinking water treatment process and to transient noncommunity water supplies adding chlorine dioxide. These public water supplies are considered "water supplies" or "supplies" in this rule. Transient noncommunity water supplies are only required to comply with the chlorine dioxide requirements.

Compliance with this rule is based on all of the following:

(a) All samples taken under this rule, R 325.10610c, R 325.10719e, and R 325.10719f and analyzed under R 325.10605, shall be included in determining compliance with the maximum contaminant levels and maximum residual disinfectant levels of R 325.10610 and R 325.10610a.

(b) If, during the first year of monitoring under R 325.10719e, any individual quarter's average will cause the running annual average of that water supply to exceed the MCL for total trihalomethanes, haloacetic acids (five), or bromate; or the MRDL for chlorine or chloramine, the supply is out of compliance at the end of that quarter.

(c) A supply is in violation of the state drinking water standard if compliance is based on 4 consecutive quarters of monitoring and the average of samples, or quarterly averages, or running annual averages, whichever is applicable, exceeds the state drinking water standard, unless otherwise noted in this rule.

(d) Where compliance is based on a running annual average of monthly or quarterly samples or averages and the supply fails to complete 4 consecutive quarters or 12 consecutive months of monitoring, whichever is applicable, compliance with the MCL for the last 4 quarter compliance period is based on an average of the available data unless otherwise stated in this rule.

(2) Compliance with disinfection byproducts requirements is based on all of the following:

(a) Compliance with TTHM and HAA5 requirements are based on R 325.10610d(4) and (5).

(b) Compliance with the bromate requirements is based on a running annual average, computed quarterly, of monthly samples, or, for months in which the supply takes more than 1 sample, the average of all samples taken during the month, collected under R 325.10719e(2)(c).

(c) Compliance with the chlorite requirements is based on an average of each 3 sample set taken in the distribution system under R 325.10719e(2)(b)(i)(B) and R 325.10719e(2)(b)(ii). If the average of any 3 sample set exceeds the MCL, the supply is in violation of the MCL.

(3) Compliance with disinfectant residuals requirements is based on both of the following:

(a) Compliance with the chlorine and chloramines requirements is based on a running annual average, computed quarterly, of monthly averages of all samples collected by the supply under R 325.10719e(3)(a). In cases where supplies switch between the use of chlorine and chloramines for residual disinfection during the year, compliance is determined by including together all monitoring results of both chlorine and chloramines in calculating compliance. Supplies shall clearly indicate which residual disinfectant was analyzed for each sample when submitting reports to the department under R 325.11502a.

(b) Compliance with the chlorine dioxide requirements is based on consecutive daily samples collected by the supply under R 325.10719e(3)(b).

(i) An acute violation occurs when a daily sample taken at the entrance to the distribution system exceeds the MRDL, and on the following day 1, or more, of the 3 samples taken in the distribution system exceed the MRDL. The supply shall take immediate corrective action to lower the level of chlorine dioxide below the MRDL. Failure to monitor in the distribution system the day following an exceedance of the chlorine dioxide MRDL at the entrance to the distribution system is also an MRDL violation and the supply shall notify the public of the violation under R 325.10402, Tier 1 public notice, and report to the department under R 325.10719f.

(ii) A nonacute violation occurs when 2 consecutive daily samples taken at the entrance to the distribution system exceed the MRDL and all distribution system samples taken are below the MRDL. The supply shall take corrective action to lower the level of chlorine dioxide below the MRDL at the point of sampling. Failure to monitor at the entrance to the distribution system the day following an exceedance of the chlorine dioxide MRDL at the entrance to the distribution system is also an MRDL violation and the supply shall notify the public of the violation under R 325.10403, Tier 2 public notice, and report to the department under R 325.10719f.

(c) Notwithstanding the MRDLs in R 325.10610b, supplies may increase residual disinfectant levels in the distribution system of chlorine or chloramines, but shall not increase the levels of chlorine dioxide, to a level and for a time necessary to protect public health to address specific microbiological contamination problems caused by circumstances such as distribution line breaks, storm run-off events, source water contamination events, or cross-connection events.

(4) Compliance with the treatment technique for disinfection byproduct precursors (DBPP) is determined as specified by R 325.10610c(3). Supplies may begin monitoring to determine whether step 1 TOC removals can be met 12 months before the compliance date for the supply. This monitoring is not required and failure to monitor during this period is not a violation. However, a supply that does not monitor during this period, and then determines, in the first 12 months after the compliance date, that the supply is not able to meet the step 1 requirements in R 325.10610c(2)(b) and shall therefore apply for alternate minimum TOC removal (step 2) requirements, is not eligible for retroactive approval of alternate minimum TOC removal (step 2) requirements as allowed under R 325.10610c(2)(c) and is in violation. Supplies may apply for alternate minimum TOC removal (step 2) requirements any time after the compliance date. For supplies required to meet step 1 TOC removals, if the value calculated under R 325.10610c(3)(a)(iv) is less than 1.00 calculated as a running annual average of monthly samples, computed quarterly, the supply is in violation of the treatment technique requirements and shall notify the public.

**History**
- *History: 2003 AACS; 2009 AACS; 2015 AACS.*

##### **Mich. Admin. Code R 325.10610c** Control of disinfection byproduct (DBP) precursors; treatment technique {#sec-r-325.10610c omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10610c}

Rule 610c. (1) This rule applies to Subpart H supplies subject to R 325.10610b(1) that use conventional filtration. These public water supplies are considered "water supplies" or "supplies" in this rule. Compliance with this rule is based on all of the following:

(a) Subpart H systems using conventional filtration shall operate with enhanced coagulation or enhanced softening to achieve the TOC percent removal levels specified in subrule (2) of this rule unless the supply meets at least 1 of the alternative compliance criteria listed in subdivision (b) or (c) of this subrule.

(b) Subpart H systems using conventional filtration may use the following alternative compliance criteria to comply with this rule instead of complying with subrule (2) of this rule. Supplies using alternative compliance criteria shall still comply with TOC monitoring requirements in R 325.10719e(4):

(i) The supply's source water TOC level is less than 2.0 mg/l, calculated quarterly as a running annual average.

(ii) The supply's treated water TOC level is less than 2.0 mg/l, calculated quarterly as a running annual average.

(iii) The supply's source water TOC level is less than 4.0 mg/l, calculated quarterly as a running annual average; the source water alkalinity, measured under R 325.10605, is more than 60 mg/l as calcium carbonate, calculated quarterly as a running annual average; and either the TTHM and HAA5 running annual averages are not more than 0.040 mg/l and 0.030 mg/l, respectively, or before the effective date for compliance in R 325.10610(2), the supply has made a clear and irrevocable financial commitment to use technologies that will limit the levels of TTHM and HAA5 to not more than 0.040 mg/l and 0.030 mg/l, respectively. Supplies shall submit evidence of a clear and irrevocable financial commitment, in addition to a schedule containing milestones and periodic progress reports for installation and operation of appropriate technologies, to the department for approval not later than the effective date for compliance in R 325.10610(2). These technologies shall be installed and operating not later than June 30, 2005. Failure to install and operate these technologies by the date in the approved schedule is a violation of these rules.

(iv) The TTHM and HAA5 running annual averages are not more than 0.040 mg/l and 0.030 mg/l, respectively, and the supply uses only chlorine for primary disinfection and maintenance of a residual in the distribution system.

(v) The supply's source water SUVA, before any treatment and measured monthly, is less than or equal to 2.0 liters per milligram meter (l/mg m), calculated quarterly as a running annual average.

(vi) The supply's finished water SUVA, measured monthly, is less than or equal to 2.0 l/mg m, calculated quarterly as a running annual average.

(c) Water supplies practicing enhanced softening that cannot achieve the TOC removals required by subrule (2)(b) of this rule may use the following alternative compliance criteria instead of complying with subrule (2) of this rule; however, supplies using alternative compliance criteria shall still comply with TOC monitoring requirements in R 325.10719e(4)(b):

(i) Softening that results in lowering the treated water alkalinity to less than 60 mg/l as calcium carbonate, measured monthly and calculated quarterly as a running annual average.

(ii) Softening that results in removing not less than 10 mg/l of magnesium hardness as calcium carbonate, measured monthly and calculated quarterly as an annual running average.

(2) All of the following provisions are enhanced coagulation and enhanced softening performance requirements:

(a) Water supplies shall achieve the percent reduction of TOC specified in subdivision (b) of this subrule between the source water and the combined filter effluent, unless the department approves a supply's request for alternate minimum TOC removal (step 2) requirements under subdivision (c) of this subrule.

(b) Required step 1 TOC reductions, indicated in table 1 of this rule, are based on specified source water parameters. Supplies practicing softening are required to meet the step 1 TOC reductions in the far right column "source water alkalinity >120 mg/l" for the specified source water TOC.

Table 1 Step 1 required removal of TOC by enhanced coagulation and enhanced softening for subpart H supplies using conventional filtration A, B Source-water TOC, mg/l Source-water alkalinity,mg/l as calcium carbonate 0-60>60-120>120 C >2.0-4.035.0%25.0%15.0% >4.0-8.045.0%35.0%25.0% >8.050.0%40.0%30.0% A Supplies meeting at least 1 of the conditions in subrule (1)(b)(i) to (vi) of this rule are not required to operate with enhanced coagulation.

B Supplies with softening systems meeting 1 of the alternative compliance criteria in subrule (1) (c) of this rule are not required to operate with enhanced softening.

C Supplies practicing softening shall meet the TOC removal requirements in this column.

(c) Subpart H supplies using conventional filtration systems that cannot achieve the step 1 TOC removals required by subdivision (b) of this subrule due to water quality parameters or operational constraints shall apply to the department, within 3 months of failure to achieve the TOC removals required by subdivision (b) of this subrule, for approval of alternative minimum TOC removal (step 2) requirements submitted by the supply. If the department approves the step 2 requirements, then a supply's failure to meet the step 1 TOC removals will not be considered a treatment technique violation during the interim time period between the end of the 12 month data gathering monitoring period in R 325.10610b(4) and receipt of the department's approval. Until the department approves the step 2 requirements, the supply shall meet the step 1 TOC removals contained in subdivision (b) of this subrule.

(d) Applications made to the department by water supplies with enhanced coagulation systems for approval of alternative minimum TOC removal (step 2) requirements under subdivision (c) of this subrule shall include, at a minimum, results of bench or pilot scale testing conducted under paragraph (i) of this subdivision to determine the alternate enhanced coagulation level. All of the following apply:

(i) Alternate enhanced coagulation level is defined as coagulation at a coagulant dose and pH as determined by the method described in paragraphs (i) to (v) of this subdivision such that an incremental addition of 10 mg/l of alum, or equivalent amount of ferric salt, results in a TOC removal of less than or equal to 0.3 mg/l. The percent removal of TOC at this point is the minimum TOC removal required for the supply. Once approved by the department, this minimum requirement supersedes the minimum TOC removal required by table 1 of this rule. This requirement will be effective until the department approves a new value based on the results of a new bench and pilot scale test. Failure to achieve department set alternative minimum TOC removal levels is a violation of these rules.

(ii) Bench or pilot scale testing of enhanced coagulation shall be conducted by using representative water samples and adding 10 mg/l increments of alum, or equivalent amounts of ferric salt, until the pH is reduced to a level less than or equal to the enhanced coagulation step 2 target pH shown in the following table:

Table 2 Enhanced coagulation step 2 target pH Alkalinity (mg/l as calcium carbonate)Target pH 0-605.5 >60-1206.3 >120-2407.0 >2407.5 (iii) For waters with alkalinities of less than 60 mg/l for which addition of small amounts of alum or equivalent addition of iron coagulant drives the pH below 5.5 before significant TOC removal occurs, the supply shall add necessary chemicals to maintain the pH between 5.3 and 5.7 in samples until the TOC removal of 0.3 mg/l per 10 mg/l alum added, or equivalent addition of iron coagulant, is reached.

(iv) The supply may operate at any coagulant dose or pH necessary, and consistent with these rules, to achieve the minimum TOC percent removal approved under subdivision (c) of this subrule.

(v) If the TOC removal is consistently less than 0.3 mg/l of TOC per 10 mg/l of incremental alum dose at all dosages of alum, or equivalent addition of iron coagulant, the water is considered to contain TOC not amenable to enhanced coagulation. The supply may then apply to the department for a waiver of enhanced coagulation requirements. The department's determination will be made on a case-by-case basis and the department will consider supporting documentation from the water supply of bench or pilot scale testing designed to demonstrate the best level of TOC removal that is feasibly attainable, given the unique characteristics of the raw water to be treated.

(3) Water supplies shall calculate compliance using the methods in either of the following provisions, as applicable:

(a) Subpart H supplies, other than those identified in subrule (1)(b) or (c) of this rule, shall comply with requirements contained in subule (2)(b) or (c) of this rule. Supplies shall calculate compliance quarterly, beginning after the supply has collected 12 months of data, by determining an annual average using the following method:

(i) Determine actual monthly TOC percent removal, equal to:

(1- (treated water TOC/source water TOC)) x 100.

(ii) Determine the required monthly TOC percent removal, from either table 1 of this rule or from subrule (2) (c) of this rule.

(iii) Divide the value in paragraph (i) of this subdivision by the value in paragraph (ii) of this subdivision.

(iv) Add together the results of paragraph (iii) of this subdivision for the last 12 months and divide by 12.

(v) If the value calculated in paragraph (iv) of this subdivision is less than 1.00, then the supply is not in compliance with the TOC percent removal requirements.

(b) Supplies may use the provisions in paragraphs (i) to (v) of this subdivision instead of the calculations in subdivision (a)(i) to (v) of this subrule to determine compliance with TOC percent removal requirements, as follows:

(i) In any month that the supply's treated or source water TOC level is less than 2.0 mg/l, the supply may assign a monthly value of 1.0, instead of the value calculated in subdivision (a)(iii) of this subrule, when calculating compliance under subdivision (a) of this subrule.

(ii) In any month that a supply practicing softening removes not less than 10 mg/l of magnesium hardness as calcium carbonate, the supply may assign a monthly value of 1.0, instead of the value calculated in subdivision (a)(iii) of this subrule, when calculating compliance under subdivision (a) of this subrule.

(iii) In any month that the supply's source water SUVA, before any treatment, is less than or equal to 2.0 l/mg-m, the supply may assign a monthly value of 1.0, instead of the value calculated in subdivision (a)(iii) of this subrule, when calculating compliance under subdivision (a) of this subrule.

(iv) In any month that the supply's finished water SUVA is less than or equal to 2.0 l/mg m, the supply may assign a monthly value of 1.0, instead of the value calculated in subdivision (a)(iii) of this subrule, when calculating compliance under subdivision (a) of this subrule.

(v) In any month that a supply practicing enhanced softening lowers alkalinity below 60 mg/l as calcium carbonate, the supply may assign a monthly value of 1.0, instead of the value calculated in subdivision (a)(iii) of this subrule, when calculating compliance under subdivision (a) of this subrule.

(4) The treatment techniques to control the level of disinfection byproduct precursors in drinking water treatment and distribution systems for subpart H supplies using conventional filtration is enhanced coagulation or enhanced softening.

**History**
- *History: 2003 AACS; 2009 AACS.*

##### **Mich. Admin. Code R 325.10610d** Disinfection byproducts; requirements {#sec-r-325.10610d omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10610d}

Rule 610d. (1) This rule and R 325.10719h to R 325.10719n establish monitoring and other requirements for achieving compliance with maximum contaminant levels based on locational running annual averages (LRAA) for total trihalomethanes (TTHM) and haloacetic acids (five) (HAA5), and for achieving compliance with maximum residual disinfectant residuals for chlorine and chloramine for certain consecutive supplies.

(2) Subject to these requirements are community and nontransient noncommunity water supplies that use a primary or residual disinfectant other than ultraviolet light or delivers water that has been treated with a primary or residual disinfectant other than ultraviolet light. These public water supplies are considered "water supplies" or "supplies" in this rule and R 325.10719h to R 325.10719n.

(3) The supply shall comply with all of the following provisions:

(a) The supply shall comply with the requirements in this rule and R 325.10719h to R325.10719n when the supply becomes subject to this rule as indicated in subrule (2) of this rule.

(b) The monitoring frequency is specified in R 325.10719h(1)(a) and both of the following:

(i) If the supply is required to conduct quarterly monitoring, the supply shall begin monitoring in the first full calendar quarter that the supply becomes subject to this rule, as indicated in subrule (2) of this rule.

(ii) If the supply is required to conduct monitoring at a frequency that is less than quarterly, the supply shall begin monitoring in the calendar month identified in the monitoring plan developed under R 325.10719i not later than 12 months after the supply becomes subject to this rule, as indicated in subrule (2) of this rule.

(c) If the supply is required to conduct quarterly monitoring, the supply shall make compliance calculations at the end of the fourth calendar quarter that follows the compliance date and at the end of each subsequent quarter (or earlier if the LRAA calculated based on fewer than 4 quarters of data would cause the MCL to be exceeded regardless of the monitoring results of subsequent quarters). If the supply is required to conduct monitoring at a frequency that is less than quarterly, the supply shall make compliance calculations beginning with the first compliance sample taken after the compliance date.

(d) For the purpose of the schedule in this subrule, the department may determine that the combined distribution system does not include certain consecutive supplies based on factors such as receiving water from a wholesale supply only on an emergency basis or receiving only a small percentage and small volume of water from a wholesale supply. The department may also determine that the combined distribution system does not include certain wholesale supplies based on factors such as delivering water to a consecutive supply only on an emergency basis or delivering only a small percentage and small volume of water to a consecutive supply.

(4) Compliance with the MCLs shall be based on both of the following:

(a) This subdivision applies to supplies required to monitor quarterly. To comply with MCLs in R 325.10610(2), the supply shall calculate LRAAs for TTHM and HAA5 using monitoring results collected under this rule and R 325.10719h to R 325.10719n and determine that each LRAA does not exceed the MCL. If the supply fails to complete 4 consecutive quarters of monitoring, the supply shall calculate compliance with the MCL based on the average of the available data from the most recent 4 quarters. If the supply takes more than 1 sample per quarter at a monitoring location, the supply shall average all samples taken in the quarter at that location to determine a quarterly average to be used in the LRAA calculation.

(b) This subdivision applies to supplies required to monitor annually or less frequently.

To determine compliance with MCLs in R 325.10610(2), the supply shall determine that each sample taken is less than the MCL. If a sample exceeds the MCL, the supply shall comply with the requirements of R 325.10719k. If no sample exceeds the MCL, the sample result for each monitoring location is considered the LRAA for that monitoring location.

(5) The supply is in violation of the MCL when the LRAA exceeds the MCLs in R 325.10610(2), calculated based on 4 consecutive quarters of monitoring, or the LRAA calculated based on fewer than 4 quarters of data if the MCL would be exceeded regardless of the monitoring results of subsequent quarters. The supply is in violation of the monitoring requirements for each quarter that a monitoring result would be used in calculating an LRAA if the supply fails to monitor.

(6) A consecutive supply that does not add a disinfectant but delivers water that has been treated with a primary or residual disinfectant other than ultraviolet light, shall comply with monitoring requirements for chlorine and chloramines in R 325.10719e(3)(a) and the compliance requirements in R 325.10610b(1)(c) and (3)(a) and shall report monitoring results under R 325.10719f(3)(a).

History; 2009 AACS; 2015 AACS.

##### **Mich. Admin. Code R 325.10611** Filtration and disinfection {#sec-r-325.10611 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10611}

Rule 611. (1) A supplier of a public water system shall comply with R 325.10807, R 325.10808, R 325.10812, R 325.10813, R 325.10816, R 325.10817, R 325.10818, R 325.10819, R 325.10820, and R 325.10822, shall demonstrate a safe microbiological water quality history, and may be required to demonstrate stability in other measurements of water quality; or the supplier shall provide complete treatment.

(2) The department may grant a deviation from subrule (1) of this rule if the supplier can demonstrate that the system is capable of producing finished water that meets state drinking water standards applicable to systems using only ground water not under the direct influence of surface water.

(3) Suppliers of subpart H systems shall comply with the treatment techniques of this rule, R 325.10611a, R 325.10611b, R 325.10611c, the sampling requirements of R 325.10720, the reporting and recordkeeping requirements of R 325.10720a and R 325.11506, except where noted, and the disinfection profiling and benchmarking requirements in R 325.10722. The treatment technique requirements consist of installing and properly operating water treatment processes that reliably achieve all of the following applicable removal or inactivation percentages between a point where the raw water is not subject to recontamination by surface water runoff and a point downstream before or at thefirst customer:

(a) Not less than 99.9% (3 log) inactivation or the removal of giardia lamblia cysts and not less than 99.99% (4 log) inactivation or the removal of viruses.

(b) A 99% (2 log) removal of cryptosporidium oocysts for systems serving 10,000 or more people. This subdivision applies to subpart H systems serving 10,000 or more people until December 31, 2004 and applies to all subpart H systems beginning January 1, 2005.

(4) If a supplier of a public water system does not currently provide complete treatment and if the department determines that a system requires complete treatment either under subrules (1) and (2) of this rule or because the system uses surface water or groundwater under the direct influence of surface water, then the supplier shall provide complete treatment within 18 months of the department's determination and shall provide interim disinfection and monitoring as considered necessary by the department.During the interim disinfection period, systems requiring complete treatment under subrules (1) and (2) of this rule shall demonstrate safe microbiological water quality. Subpart H systems are subject to subrule (3) of this rule within 18 months or until treatment is installed, whichever occurs first. During the interim disinfection period, subpart H systems shall also comply with both of the following provisions:

(a) The supplier shall collect at least 1 sample from the source water every 4 hours while the source is being utilized and have the sample analyzed for turbidity.

(b) If the result of 1 or more samples taken under subdivision (a) of this subrule is more than 1 ntu, then within 24 hours of the determination that a turbidity measurement is more than 1 ntu, the supplier shall collect at least 1 sample near the first service connection and have the sample analyzed for total coliform. Sample results from the coliform monitoring shall be included in determining compliance with the total coliform standard.

**History**
- *History: 2003 AACS; 2005 AACS.*

##### **Mich. Admin. Code R 325.10611a** Filtration and disinfection; disinfection {#sec-r-325.10611a omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10611a}

Rule 611a. (1) Subpart H supplies shall provide sufficient disinfectant contact time before the water enters the distribution system to assure adequate disinfection.

(2) Subpart H supplies shall provide disinfection treatment achieving all of the following conditions:

(a) The disinfection treatment shall be sufficient to ensure that the total treatment processes of that system achieve the standards set forth in R 325.10611(3)(a).

(b) The residual disinfectant concentration in the water entering the distribution system shall not be less than 0.2 milligrams per liter for more than 4 hours.

(c) The residual disinfectant concentration in the distribution system, measured as total chlorine, free available chlorine, combined chlorine, or chlorine dioxide shall not be undetectable in more than 5% of the samples each month for any 2 consecutive months that the supply serves water to the public. Water in the distribution system that has a heterotrophic bacteria concentration less than or equal to 500 per milliliter, measured as heterotrophic plate count (HPC), is considered to have a detectable disinfectant residual for purposes of determining compliance with this subdivision.

(d) If the department determines, based on site specific considerations, that a supply does not have means for having a sample transported and analyzed for HPC and that the supply is providing adequate disinfection in the distribution system, then the requirements of subdivision (c) of this subrule do not apply.

**History**
- *History: 2003 AACS; 2009 AACS.*

##### **Mich. Admin. Code R 325.10611b** Filtration and disinfection; filtration {#sec-r-325.10611b omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10611b}

Rule 611b. (1) Subpart H supplies shall comply with all of the following filtration requirements, as applicable:

For a supply using... (i) The turbidity level of representative samples of a supply's filtered water shall at no time exceed...

(ii) Not less than 95% of the measurements taken each month shall be less than or equal to...

(a) Conventional, direct, or membrane filtration 1 ntu 0.3 ntu (b) Slow sand or diatomaceous earth filtration 5 ntu 1 ntu (c) An alternative filtration technology approved by the department, based on the demonstration described in subrule (3) of this rule.

The department-set turbidity level, not to exceed 5 ntu, based on the demonstration described in subrule (3) of this rule.

The department-set turbidity level, not to exceed 1 ntu, based on the demonstration described in subrule (3) of this rule.

(2) A supply using lime softening, where the final pH exceeds 8.3, may acidify representative samples before turbidity analysis using a protocol approved by the department. The approved protocol shall require the use of a concentrated acid in sufficient quantities to lower the pH to less than 8.3, dissolve only calcium carbonate and magnesium hydroxide, and not to dilute the representative sample.

(3) A public water supply may use a filtration technology not listed in subrule (1)(a) or (b) of this rule if the supply demonstrates to the department, using pilot plant studies or other means, that the alternative filtration technology, in combination with disinfection treatment that meets the requirements of R 325.10611a(2), consistently achieves the removal or inactivation percentages in R 325.10611(3), and the department approves the use of the filtration technology. For each approval, the department will set turbidity performance requirements that the supply shall meet not less than 95% of the time and the supply shall not exceed, at any time, at a level in subrule (1)(c) of this rule that consistently achieves the removal or inactivation percentages in R 325.10611(3).

**History**
- *History: 2003 AACS; 2005 AACS; 2009 AACS.*

##### **Mich. Admin. Code R 325.10611c** Filtration and disinfection; filter backwash recycling; treatment technique {#sec-r-325.10611c omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10611c}

Rule 611c. A subpart H system that employs conventional filtration or direct filtration treatment and that recycles spent filter backwash water, thickener supernatant, or liquids from dewatering processes shall return these flows through the processes of a system's existing conventional or direct filtration system as defined in R 325.10103 and R 325.10104, or at an alternate location approved by the department. If capital improvements are required to modify the recycle location to meet this requirement, then all capital improvements shall be completed not later than June 8, 2006.

**History**
- *History: 2005 AACS.*

##### **Mich. Admin. Code R 325.10611d** Enhanced treatment for Cryptosporidium; requirements {#sec-r-325.10611d omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10611d}

Rule 611d. (1) The requirements in this rule, R 325.10611d to R 325.10611n, and R 325.10720b to R 325.10720e establish or extend treatment technique requirements instead of maximum contaminant levels for Cryptosporidium. These requirements are in addition to requirements for filtration and disinfection in R 325.10611 to R 325.10611c, R 325.10720 to R 325.10720a, and R 325.10722.

(2) The requirements of this rule, R 325.10611d to R 325.10611n, and R 325.10720b to R 325.10720e apply to all subpart H supplies, which are community and noncommunity water supplies supplied by a surface water source and community and noncommunity water supplies supplied by a groundwater source under the direct influence of surface water (GWUDI). These public water supplies are considered "water supplies" or "supplies" in this rule, R 325.10611d to R 325.10611n, and R 325.10720b to R 325.10720e. Both of the following apply to this rule:

(a) Wholesale supplies, as defined in R 325.10109, shall comply with the requirements of this rule, R 325.10611d to R 325.10611n, and R 325.10720b to R 325.10720e based on the population of the largest supply in the combined distribution system.

(b) The requirements of this rule, R 325.10611d to R 325.10611n, and R 325.10720b to R 325.10720e apply to subpart H supplies required by these rules to provide filtration treatment, whether or not the supply is currently operating a filtration system.

(3) Supplies subject to this rule, R 325.10611d to R 325.10611n, and R 325.10720b to R 325.10720e shall comply with the following requirements:

(a) Supplies shall conduct an initial and a second round of source water monitoring for each plant that treats a surface water or GWUDI source. This monitoring may include sampling for Cryptosporidium, E. coli, and turbidity as described in 40 CFR 141.701 to 40 CFR 141.706, as adopted by reference in R 325.10720b, to determine what level, if any, of additional Cryptosporidium treatment they shall provide.

(b) Supplies that plan to make a significant change to their disinfection practice shall develop disinfection profiles and calculate disinfection benchmarks, as described in R 325.10720c to R 325.10720d and R 325.10722(4)(b).

(c) Supplies shall determine their Cryptosporidium treatment bin classification as described in R 325.10611e and provide additional treatment for Cryptosporidium, if required, as described in R 325.10611f. Supplies shall implement Cryptosporidium treatment according to the schedule in R 325.10611g.

(d) Supplies required to provide additional treatment for Cryptosporidium shall implement microbial toolbox options that are designed and operated as described in R 325.10611h to R 325.10611m.

(e) Supplies shall comply with the applicable recordkeeping and reporting requirements described in R 325.10720e.

(f) Supplies shall address significant deficiencies identified in sanitary surveys performed by EPA as described in R 325.10611n.

**History**
- *History: 2009 AACS.*

##### **Mich. Admin. Code R 325.10611e** Enhanced treatment for Cryptosporidium; treatment technique; bin classification {#sec-r-325.10611e omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10611e}

Rule 611e. (1) Following completion of the initial round of source water monitoring required under 40 CFR §141.701(a), as adopted by reference in R 325.10720b, subpart H supplies that are subject to R 325.10611d shall calculate an initial Cryptosporidium bin concentration for each plant for which monitoring was required. These public water supplies are also considered "water supplies" or "supplies" in this rule. Calculation of the bin concentration shall use the Cryptosporidium results reported under 40 CFR §141.701(a) and shall follow the procedures in subrule (2) of this rule.

(2) Supplies shall use the following criteria to determine bin classification:

(a) For supplies that collect a total of not less than 48 samples, the bin concentration is equal to the arithmetic mean of all sample concentrations.

(b) For supplies that collect a total of not less than 24 samples, but not more than 47 samples, the bin concentration is equal to the highest arithmetic mean of all sample concentrations in any 12 consecutive months during which Cryptosporidium samples were collected.

(c) For supplies that serve fewer than 10,000 people and monitor for Cryptosporidium for only 1 year, that is, collect 24 samples in 12 months, the bin concentration is equal to the arithmetic mean of all sample concentrations.

(d) For supplies with plants operating only part of the year that monitor fewer than 12 months per year under 40 CFR §141.701 (e), as adopted by reference in R 325.10720b, the bin concentration is equal to the highest arithmetic mean of all sample concentrations during a year of Cryptosporidium monitoring.

(e) If the monthly Cryptosporidium sampling frequency varies, supplies shall first calculate a monthly average for each month of monitoring. Supplies shall then use these monthly average concentrations, rather than individual sample concentrations, in the applicable calculation for bin classification in subdivisions (a) to (d) of this subrule.

(3) Supplies shall determine their initial bin classification from the following table and using the Cryptosporidium bin concentration calculated under subrules (1) and (2) of this rule:

Bin Classification Table for Filtered Supplies For supplies that are: With a Cryptosporidium bin concentration of ... * The bin classification is ... ... required to monitor for Cryptosporidium under 40 CFR 141.701 as adopted by reference in R 325.10720b.

Cryptosporidium less than 0.075 oocyst/L Bin 1.

Cryptosporidium greater than or equal to 0.075 and less than 1.0 oocysts/L Bin 2 Cryptosporidium greater than or equal to 1.0 and less than 3.0 oocysts/L Bin 3 Cryptosporidium greater than or equal to 3.0 oocysts/L.

Bin 4 ... serving fewer than 10,000 people and NOT required to monitor for Cryptosporidium under 40 CFR 141.701(a)(4).

Not applicable Bin 1 * Based on calculations in subrule (1) or (4) of this rule, as applicable.

(4) Following completion of the second round of source water monitoring required under 40 CFR §141.701(b), supplies shall recalculate their Cryptosporidium bin concentration using the Cryptosporidium results reported under 40 CFR §141.701(b) and following the procedures in subrule (2)(a) to (d) of this rule. Supplies shall then redetermine their bin classification using this bin concentration and the table in subrule (3) of this rule.

(5) The following apply to reporting the bin classification to the department:

(a) Supplies shall report their initial bin classification under subrule (3) of this rule to the department for approval not later than 6 months after the supply is required to complete initial source water monitoring based on the schedule in 40 CFR 141.701(c).

(b) Supplies shall report their bin classification under subrule (4) of this rule to the department for approval not later than 6 months after the supply is required to complete the second round of source water monitoring based on the schedule in 40 CFR 141.701(c).

(c) The bin classification report to the department shall include a summary of source water monitoring data and the calculation procedure used to determine bin classification.

(6) Failure to comply with the conditions of subrule (5) of this rule is a violation of the treatment technique requirement.

**History**
- *History: 2009 AACS.*

##### **Mich. Admin. Code R 325.10611f** Enhanced treatment for Cryptosporidium; treatment technique; additional Cryptosporidium treatment requirements {#sec-r-325.10611f omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10611f}

Rule 611f. (1) Subpart H supplies are also considered "water supplies" or "supplies" in this rule. Subpart H supplies that are subject to R 325.10611d shall provide the level of additional treatment for Cryptosporidium specified in the following table based on their bin classification as determined under R 325.10611e and according to the schedule in R 325.10611g:

If the supply bin classification is ...

And the supply uses the following filtration treatment in full compliance with R 325.10611 to R 325.10611c, R 325.10720 to R 325.10720a, and R 325.10722, as applicable, then the additional Cryptosporidium treatment requirements are ...

Conventional filtration or membrane filtration treatment (including softening)

Direct filtration Slow sand or diatomaceous earth filtration Alternative filtration technologies approved by the department under R 325.10611b(3)

Bin 1 No additional treatment No additional treatment No additional treatment No additional treatment Bin 2 1-log treatment 1.5-log treatment 1-log treatmentNote 1 Bin 3 2-log treatment 2.5-log treatment 2-log treatmentNote 2 Bin 4 2.5-log treatment 3-log treatment 2.5-log treatment Note 3 Note 1: As determined by the department such that the total Cryptosporidium removal and inactivation is not less than 4.0-log.

Note 2: As determined by the department such that the total Cryptosporidium removal and inactivation is not less than 5.0-log.

Note 3: As determined by the department such that the total Cryptosporidium removal and inactivation is not less than 5.5-log.

(2) All of the following provisions apply to microbial toolbox options:

(a) Supplies shall use 1 or more of the treatment and management options listed in R 325.10611h, termed the microbial toolbox, to comply with the additional Cryptosporidium treatment required in subrule (1) of this rule.

(b) Supplies classified in Bin 3 and Bin 4 shall achieve not less than 1-log of the additional Cryptosporidium treatment required under subrule (1) of this rule using either 1 or a combination of the following: bag filters, bank filtration, cartridge filters, chlorine dioxide, membranes, ozone, or UV, as described in R 325.10611i to R 325.10611m.

(3) Failure by a supply in any month to achieve treatment credit by meeting criteria in R 325.10611i to R 325.10611m for microbial toolbox options that is not less than equal to the level of treatment required in subrule (1) of this rule is a violation of the treatment technique requirement.

(4) If the department determines during a sanitary survey or an equivalent source water assessment that after a supply completed the monitoring conducted under 40 CFR §141.701(a) or 40 CFR §141.701(b), as adopted by reference in R 325.10720b, significant changes occurred in the supply's watershed that could lead to increased contamination of the source water by Cryptosporidium, the supply shall take actions specified by the department to address the contamination. These actions may include additional source water monitoring or implementing microbial toolbox options listed in R 325.10611h, or both.

**History**
- *History: 2009 AACS.*

##### **Mich. Admin. Code R 325.10611g** Enhanced treatment for Cryptosporidium; treatment technique; schedule for compliance with Cryptosporidium treatment requirements {#sec-r-325.10611g omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10611g}

Rule 611g. (1) Following initial bin classification under R 325.10611e(3), Subpart H supplies that are subject to R 325.10611d shall provide the level of treatment for Cryptosporidium required under R 325.10611f according to the schedule in subrule (2) of this rule.

(2) Cryptosporidium treatment compliance dates are listed in the following table:

Table 1 Cryptosporidium Treatment Compliance Dates Subpart H supplies that serve ... Shall comply with Cryptosporidium treatment requirements not later than ... * (a) Not fewer than 100,000 people.

(i) April 1, 2012.

(b) From 50,000 to 99,999 people.

(i) October 1, 2012.

(i) October 1, 2013.

(d) Fewer than 10,000 people.(i) October 1, 2014. * The department may allow up to an additional 2 years for complying with the treatment requirement for supplies making capital improvements.

(3) If the bin classification for a supply changes following the second round of source water monitoring, as determined under R 325.10611e(4), the supply shall provide the level of treatment for Cryptosporidium required under R 325.10611f on a schedule the department approves.

**History**
- *History: 2009 AACS.*

##### **Mich. Admin. Code R 325.10611h** Enhanced treatment for Cryptosporidium; microbial toolbox options for meeting Cryptosporidium treatment requirements {#sec-r-325.10611h omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10611h}

Rule 611h. (1) Subpart H supplies that are subject to R 325.10611d receive the treatment credits listed in the table in subrule (2) of this rule by meeting the conditions for microbial toolbox options described in R 325.10611i to R 325.10611m. Subpart H supplies apply these treatment credits to meet the treatment requirements in R 325.10611f.

(2) The following table summarizes options in the microbial toolbox:

Table 1 Microbial Toolbox Summary Table: Options, Treatment Credits, and Criteria Toolbox Option Cryptosporidium treatment credit with design and implementation criteria Source Protection and Management Toolbox Options (a) Watershed control program 0.5-log credit for department-approved program comprising required elements, annual program status report to department, and regular watershed survey. Specific criteria are in R 325.10611i(1).

(b) Alternative source/intake management No prescribed credit. Subpart H supplies may conduct simultaneous monitoring for treatment bin classification at alternative intake locations or under alternative intake management strategies. Specific criteria are in R 325.10611i(2).

Pre Filtration Toolbox Options (c)

Presedimentation basin with coagulation 0.5-log credit during a month that presedimentation basins achieve a monthly mean reduction of 0.5-log or greater in turbidity or alternative department-approved performance criteria. To be eligible, basins shall be operated continuously with coagulant addition and all plant flow shall pass through basins. Specific criteria are in R 325.10611j(1).

(d) Two-stage lime softening 0.5-log credit for 2-stage softening where chemical addition and hardness precipitation occur in both stages. All plant flow shall pass through both stages. Single-stage softening is credited as equivalent to conventional treatment. Specific criteria are in R 325.10611j(2).

(e) Bank filtration 0.5-log credit for 25-foot setback; 1.0- log credit for 50-foot setback; aquifer shall be unconsolidated sand containing not less than 10% fines; average turbidity in wells shall be less than 1 NTU. Subpart H supplies using wells followed by filtration when conducting source water monitoring shall sample the well to determine bin classification and are not eligible for additional credit. Specific criteria are in R 325.10611j(3).

Treatment Performance Toolbox Options (f) Combined filter performance 0.5-log credit for combined filter effluent turbidity less than or equal to 0.15 NTU in not less than 95% of measurements each month. Specific criteria are in R 325.10611k(1).

(g) Individual filter performance 0.5-log credit (in addition to 0.5-log combined filter performance credit) if individual filter effluent turbidity is less than or equal to 0.15 NTU in not less than 95% of samples each month in each filter and is never greater than 0.3 NTU in 2 consecutive measurements in a filter. Specific criteria are in R 325.10611k (2).

(h) Demonstration of performance Credit awarded to unit process or treatment train based on a demonstration to the department with a department-approved protocol. Specific criteria are in R 325.10611k(3).

Additional Filtration Toolbox Options (i) Bag or cartridge filters (individual filters).

Up to 2-log credit based on the removal efficiency demonstrated during challenge testing with a 1.0-log factor of safety. Specific criteria are in R 325.10611l(1).

(j) Bag or cartridge filters (in series).

Up to 2.5-log credit based on the removal efficiency demonstrated during challenge testing with a 0.5-log factor of safety.Specific criteria are in R 325.10611l(1).

(k) Membrane filtration Log credit equivalent to removal efficiency demonstrated in challenge test for device if supported by direct integrity testing.Specific criteria are in R 325.10611l(2).

(l) Second stage filtration 0.5-log credit for second separate granular media filtration stage if treatment train includes coagulation before first filter.Specific criteria are in R 325.10611l(3).

(m) Slow sand filters 2.5-log credit as a secondary filtration step; 3.0-log credit as a primary filtration process. No prior chlorination for either option.Specific criteria are in R 325.10611l(4).

Inactivation Toolbox Options (n) Chlorine dioxide Log credit based on measured CT in relation to CT table.

Specific criteria in R 325.10611m(2).

(o) Ozone Log credit based on measured CT in relation to CT table.

Specific criteria in R 325.10611m(2).

(p) UV Log credit based on validated UV dose in relation to UV dose table; reactor validation testing required to establish UV dose and associated operating conditions. Specific criteria in R 325.10611m(4).

**History**
- *History: 2009 AACS.*

##### **Mich. Admin. Code R 325.10611i** Enhanced treatment for Cryptosporidium; microbial toolbox; source toolbox components {#sec-r-325.10611i omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10611i}

Rule 611i. (1) Watershed control program is a source toolbox component. Subpart H supplies that are subject to R 325.10611d receive 0.5-log Cryptosporidium treatment credit for implementing a watershed control program that meets all of the following requirements:

(a) Subpart H supplies that intend to apply for the watershed control program credit shall notify the department of this intent not later than 2 years before the treatment compliance date applicable to the supply in R 325.10611g.

(b) Subpart H supplies shall submit to the department a proposed watershed control plan not later than 1 year before the applicable treatment compliance date in R 325.10611g. The supply shall receive department approval of the watershed control plan for the supply to receive watershed control program treatment credit. The watershed control plan shall include all of the following elements:

(i) Identification of an "area of influence" outside of which the likelihood of Cryptosporidium or fecal contamination affecting the treatment plant intake is not significant. This is the area to be evaluated in future watershed surveys under subdivision (e) (ii) of this subrule.

(ii) Identification of both potential and actual sources of Cryptosporidium contamination and an assessment of the relative impact of these sources on the supply's source water quality.

(iii) An analysis of the effectiveness and feasibility of control measures that could reduce Cryptosporidium loading from sources of contamination to the supply's source water.

(iv) A statement of goals and specific actions the supply will undertake to reduce source water Cryptosporidium levels. The plan shall explain how the actions are expected to contribute to specific goals, identify watershed partners and their roles, identify resource requirements and commitments, and include a schedule for plan implementation with deadlines for completing specific actions identified in the plan.

(c) Subpart H supplies with existing watershed control programs, that is, programs in place on the effective date of this rule, are eligible to seek this credit. Their watershed control plans shall meet the criteria in subdivision (b) of this subrule and shall specify ongoing and future actions that will reduce source water Cryptosporidium levels.

(d) If the department does not respond to a Subpart H supply regarding approval of a watershed control plan submitted under this rule and the supply meets the other requirements of this rule, the watershed control program will be considered approved and 0.5-log Cryptosporidium treatment credit will be awarded unless the department subsequently withdraws that approval.

(e) Subpart H supplies shall complete all of the following actions to maintain the 0.5-log credit:

(i) Submit an annual watershed control program status report to the department. The annual watershed control program status report shall describe the supply's implementation of the approved plan and assess the adequacy of the plan to meet its goals. It shall explain how the supply is addressing any shortcomings in plan implementation, including those previously identified by the department or as the result of the watershed survey conducted under paragraph (ii) of this subdivision. It shall also describe the significant changes that have occurred in the watershed since the last watershed sanitary survey. If a supply determines during implementation that making a significant change to its approved watershed control program is necessary, the supply shall notify the department before making the changes. If a change is likely to reduce the level of source water protection, the supply shall also list in its notification the actions the supply will take to mitigate this effect.

(ii) Undergo a watershed sanitary survey every 3 years for community water supplies and every 5 years for noncommunity water supplies and submit the survey report to the department. The survey shall be conducted according to department guidelines and by persons the department approves. Both of the following apply to watershed sanitary surveys:

(A) The watershed sanitary survey shall encompass the region identified in the department-approved watershed control plan as the area of influence; assess the implementation of actions to reduce source water Cryptosporidium levels; and identify the significant new sources of Cryptosporidium.

(B) If the department determines that significant changes may have occurred in the watershed since the previous watershed sanitary survey, supplies shall undergo another watershed sanitary survey by a date the department requires, which may be earlier than the regular date in this subdivision.

(iii) The supply shall make the watershed control plan, annual status reports, and watershed sanitary survey reports available to the public upon request. These documents shall be in a plain language style and include criteria by which to evaluate the success of the program in achieving plan goals. The department may approve supplies to withhold from the public portions of the annual status report, watershed control plan, and watershed sanitary survey based on water supply security considerations.

(f) If the department determines that a Subpart H supply is not carrying out the approved watershed control plan, the department may withdraw the watershed control program treatment credit.

(2) Alternative source is a source toolbox component. All of the following provisions apply to an alternative source:

(a) A Subpart H supply may conduct source water monitoring that reflects a different intake location, either in the same source or for an alternate source, or a different procedure for the timing or level of withdrawal from the source (alternative source monitoring). If the department approves, a supply may determine its bin classification under R 325.10611e based on the alternative source monitoring results.

(b) If Subpart H supplies conduct alternative source monitoring under subdivision (a) of this subrule, supplies shall also monitor their current plant intake concurrently as described in 40 CFR §141.701, as adopted by reference in R 325.10720b.

(c) Alternative source monitoring under subdivision (a) of this subrule shall meet the requirements for source monitoring to determine bin classification, as described in 40 CFR §141.701 to 40 CFR §141.706, as adopted by reference in R 325.10720b. Subpart H supplies shall report the alternative source monitoring results to the department, along with supporting information documenting the operating conditions under which the samples were collected.

(d) If a Subpart H supply determines its bin classification under R 325.10611e using alternative source monitoring results that reflect a different intake location or a different procedure for managing the timing or level of withdrawal from the source, the supply shall relocate the intake or permanently adopt the withdrawal procedure, as applicable, not later than the applicable treatment compliance date in R 325.10611g.

**History**
- *History: 2009 AACS.*

##### **Mich. Admin. Code R 325.10611j** Enhanced treatment for Cryptosporidium; microbial toolbox; prefiltration treatment toolbox components {#sec-r-325.10611j omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10611j}

Rule 611j. (1) Presedimentation is a pre-filtration treatment toolbox component. Subpart H supplies that are subject to R 325.10611d receive 0.5-log Cryptosporidium treatment credit for a presedimentation basin during any month the process meets all of the following criteria:

(a) The presedimentation basin shall be in continuous operation and shall treat the entire plant flow taken from a surface water or GWUDI source.

(b) The subpart H supply shall continuously add a coagulant to the presedimentation basin.

(i) Demonstrates not less than 0.5-log mean reduction of influent turbidity. This reduction shall be determined using daily turbidity measurements in the presedimentation process influent and effluent and shall be calculated as follows:log10 (monthly mean of daily influent turbidity) - log10 (monthly mean of daily effluent turbidity).

(ii) Complies with department-approved performance criteria that demonstrate not less than 0.5-log mean removal of micron-sized particulate material through the presedimentation process.

(2) Two-stage lime softening is a pre-filtration treatment toolbox component. Subpart H supplies receive an additional 0.5-log Cryptosporidium treatment credit for a 2-stage lime softening plant if chemical addition and hardness precipitation occur in 2 separate and sequential softening stages before filtration. Both softening stages shall treat the entire plant flow taken from a surface water or GWUDI source.

(3) Bank filtration is a pre-filtration treatment toolbox component.Subpart H supplies using bank filtration when they begin source water monitoring under 40 CFR §141.701(a) shall collect samples as described in 40 CFR §141.703(d) and are not eligible for this credit.

The department adopts 40 CFR §141.701 and 40 CFR §141.703 by reference in R 325.10720b. Subpart H supplies receive Cryptosporidium treatment credit for bank filtration that serves as pretreatment to a filtration plant by meeting all of the following criteria:

(a) Wells with a groundwater flow path of not less than 25 feet receive 0.5-log treatment credit; wells with a groundwater flow path of not less than 50 feet receive 1.0-log treatment credit. The groundwater flow path shall be determined as specified in subdivision (d) of this subrule.

(b) Only wells in granular aquifers are eligible for treatment credit.Granular aquifers are those comprised of sand, clay, silt, rock fragments, pebbles or larger particles, and minor cement. A subpart H supply shall characterize the aquifer at the well site to determine aquifer properties. Subpart H supplies shall extract a core from the aquifer and demonstrate that in not less than 90% of the core length, grains less than 1.0 mm in diameter constitute not less than 10% of the core material.

(d) For vertical wells, the groundwater flow path is the measured distance from the edge of the surface water body under high flow conditions, determined by the 100 year floodplain elevation boundary or by the floodway, as defined in Federal Emergency Management Agency flood hazard maps, to the well screen. For horizontal wells, the groundwater flow path is the measured distance from the bed of the river under normal flow conditions to the closest horizontal well lateral screen.

(e) Subpart H supplies shall monitor each wellhead for turbidity at least once every 4 hours while the bank filtration process is in operation. If monthly average turbidity levels, based on daily maximum values in the well, exceed 1 NTU, the subpart H supply shall report this result to the department and conduct an assessment within 30 days to determine the cause of the high turbidity levels in the well. If the department determines that microbial removal has been compromised, the department may revoke treatment credit until the subpart H supply implements corrective actions approved by the department to remediate the problem.

(f) Springs and infiltration galleries are not eligible for treatment credit under this rule, but are eligible for credit under R 325.10611k(3).

(g) The department may approve Cryptosporidium treatment credit for bank filtration based on a demonstration of performance study. This treatment credit may be greater than 1.0-log and may be awarded to bank filtration that does not meet the criteria in subdivisions (a) to (e) of this subrule.

The bank filtration demonstration of performance study shall meet both of the following criteria:

(i) The study shall follow a department-approved protocol and shall involve the collection of data on the removal of Cryptosporidium or a surrogate for Cryptosporidium and related hydrogeologic and water quality parameters during the full range of operating conditions.

(ii) The study shall include sampling both from the production well or wells and from monitoring wells that are screened and located along the shortest flow path between the surface water source and the production well or wells.

**History**
- *History: 2009 AACS.*

##### **Mich. Admin. Code R 325.10611k** Enhanced treatment for Cryptosporidium; microbial toolbox; treatment performance toolbox components {#sec-r-325.10611k omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10611k}

Rule 611k. (1) Combined filter performance is a treatment performance toolbox component. Subpart H supplies that are subject to R 325.10611d and that use conventional filtration treatment or direct filtration treatment receive an additional 0.5-log Cryptosporidium treatment credit during any month the subpart H supply meets the criteria in this subrule. Combined filter effluent (CFE) turbidity shall be less than or equal to 0.15 NTU in not less than 95% of the measurements. Turbidity shall be measured as described in R 325.10605 and R 325.10720(2).

(2) Individual filter performance is a treatment performance toolbox component.

Compliance with the criteria in this subrule shall be based on individual filter turbidity monitoring as described in R 325.10720(2)(c) to (d). Subpart H supplies using conventional filtration treatment or direct filtration treatment receive 0.5-log Cryptosporidium treatment credit, which can be in addition to the 0.5-log credit under subrule (1) of this rule, during any month the supply meets all of the following criteria:

(a) The filtered water turbidity for each individual filter shall be less than or equal to 0.15 NTU in not less than 95% of the measurements recorded each month.

(b) No individual filter may have a measured turbidity greater than 0.3 NTU in 2 consecutive measurements taken 15 minutes apart.

(c) A supply that has received treatment credit for individual filter performance and fails to meet the requirements of subdivision (a) or (b) of this subrule during any month does not receive a treatment technique violation under R 325.10611f(3) if the department determines both of the following:

(i) The failure was due to unusual and short-term circumstances that could not reasonably be prevented through optimizing treatment plant design, operation, and maintenance.

(ii) The supply has experienced not more than 2 such failures in any calendar year.

(3) Demonstration of performance is a treatment performance toolbox component. The department may approve Cryptosporidium treatment credit for drinking water treatment processes based on a demonstration of performance study. This treatment credit may be greater than or less than the prescribed treatment credits in R 325.10611f or R 325.10611j to R 325.10611m and may be awarded to treatment processes that do not meet the criteria for the prescribed credits. All of the following apply to the demonstration of performance study:

(a) Subpart H supplies cannot receive the prescribed treatment credit for any toolbox option in R 325.10611j to R 325.10611m if that toolbox option is included in a demonstration of performance study for which treatment credit is awarded under this subrule.

(b) The demonstration of performance study shall follow a department-approved protocol, using pilot plant studies or other means, and shall demonstrate the level of Cryptosporidium reduction the treatment process will achieve under the full range of expected operating conditions for the supply.

(c) Approval by the department shall be in writing and may include monitoring and treatment performance criteria that the supply shall demonstrate and report on an ongoing basis to remain eligible for the treatment credit. The department may designate those criteria where necessary to verify that the conditions under which the demonstration of performance credit was approved are maintained during routine operation.

**History**
- *History: 2009 AACS.*

##### **Mich. Admin. Code R 325.10611l** Enhanced treatment for Cryptosporidium; microbial toolbox; additional filtration toolbox components {#sec-r-325.10611l omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10611l}

Rule 611l. (1) Bag and cartridge filters is an additional filtration toolbox component.

Subpart H supplies that are subject to R 325.10611d receive Cryptosporidium treatment credit of up to 2.0-log for individual bag or cartridge filters and up to 2.5-log for bag or cartridge filters operated in series. To be eligible for this credit, supplies shall report the results of challenge testing that meets the requirements of subdivisions (b) to (i) of this subrule to the department. The filters shall treat the entire plant flow taken from a surface water or GWUDI source. All of the following apply to bag and cartridge filters as an additional filtration toolbox component:

(a) The Cryptosporidium treatment credit awarded to bag or cartridge filters shall be based on the removal efficiency demonstrated during challenge testing that is conducted according to the criteria in subdivisions (b) to (i) of this subrule. A factor of safety equal to 1-log for individual bag or cartridge filters and 0.5-log for bag or cartridge filters in series shall be applied to challenge testing results to determine removal credit. Subpart H supplies may use results from challenge testing conducted before January 5, 2006 if the prior testing was consistent with the criteria specified in subdivisions (b) to (i) of this subrule.

(b) Challenge testing shall be performed on full-scale bag or cartridge filters, and the associated filter housing or pressure vessel, that are identical in material and construction to the filters and housings the supply will use for removal of Cryptosporidium. Bag or cartridge filters shall be challenge tested in the same configuration that the supply will use, either as individual filters or as a series configuration of filters.

(c) Challenge testing shall be conducted using Cryptosporidium or a surrogate that is removed no more efficiently than Cryptosporidium. The microorganism or surrogate used during challenge testing is referred to as the challenge particulate. The concentration of the challenge particulate shall be determined using a method capable of discreetly quantifying the specific microorganism or surrogate used in the test. Gross measurements such as turbidity may not be used.

(d) The maximum feed water concentration that can be used during a challenge test shall be based on the detection limit of the challenge particulate in the filtrate, that is filtrate detection limit, and shall be calculated using the following equation:

Maximum Feed Concentration = 1 x 10[superscript]4 x (Filtrate Detection Limit)

(e) Challenge testing shall be conducted at the maximum design flow rate for the filter as specified by the manufacturer.

(f) Each filter evaluated shall be tested for a duration sufficient to reach 100% of the terminal pressure drop, which establishes the maximum pressure drop under which the filter may be used to comply with the requirements of R 325.10611d to R 325.10611n and R 325.10720b to R 325.10720e.

(g) Removal efficiency of a filter shall be determined from the results of the challenge test and expressed in terms of log removal values using the following equation:

LRV = LOG10(Cf)-LOG10(Cp)

Where:

LRV = log removal value demonstrated during challenge testing; Cf = the feed concentration measured during the challenge test; and Cp = the filtrate concentration measured during the challenge test. In applying this equation, the same units shall be used for the feed and filtrate concentrations. If the challenge particulate is not detected in the filtrate, then the term Cp shall be set equal to the detection limit.

(h) Each filter tested shall be challenged with the challenge particulate during all of the following periods over the filtration cycle:

(i) Within 2 hours of start-up of a new filter.

(ii) When the pressure drop is between 45 and 55% of the terminal pressure drop.

(iii) At the end of the cycle after the pressure drop has reached 100% of the terminal pressure drop. Note to subdivision (h) of this subule: An LRV shall be calculated for each of these challenge periods for each filter tested. The LRV for the filter (LRVfilter) shall be assigned the value of the minimum LRV observed during the 3 challenge periods for that filter.

(i) If fewer than 20 filters are tested, the overall removal efficiency for the filter product line shall be set equal to the lowest LRVfilter among the filters tested. If 20 or more filters are tested, the overall removal efficiency for the filter product line shall be set equal to the 10th percentile of the set of LRVfilter values for the various filters tested. The percentile is defined by (i/(n+1)) where i is the rank of n individual data points ordered lowest to highest. If necessary, the 10th percentile may be calculated using linear interpolation.

(j) If a previously tested filter is modified in a manner that could change the removal efficiency of the filter product line, challenge testing to demonstrate the removal efficiency of the modified filter shall be conducted and submitted to the department.

(2) All of the following apply to membrane filtration as an additional filtration toolbox component:

(a) Subpart H supplies receive Cryptosporidium treatment credit for membrane filtration that meets the criteria of this subrule. Membrane cartridge filters that meet the definition of membrane filtration in R 325.10106 are eligible for this credit. The level of treatment credit a supply receives is equal to the lower of the values determined under both of the following:

(i) The removal efficiency demonstrated during challenge testing conducted under the conditions in subdivision (b) of this subrule.

(ii) The maximum removal efficiency that can be verified through direct integrity testing used with the membrane filtration process under the conditions in subdivision (c) of this subrule.

(b) Challenge testing demonstrates removal efficiency. The membrane used by the subpart H supply shall undergo challenge testing to evaluate removal efficiency, and the supply shall report the results of challenge testing to the department. Challenge testing shall be conducted according to all of the criteria in paragraphs (i) to (vii) of this subdivision.

Subpart H supplies may use data from challenge testing conducted before January 5, 2006 if the prior testing was consistent with all of the criteria in paragraphs (i) to (vii) of this subdivision.

(i) Challenge testing shall be conducted on either a full-scale membrane module, identical in material and construction to the membrane modules used in the supply's treatment facility, or a smaller-scale membrane module, identical in material and similar in construction to the full-scale module. A module is defined as the smallest component of a membrane unit in which a specific membrane surface area is housed in a device with a filtrate outlet structure.

(ii) Challenge testing shall be conducted using Cryptosporidium oocysts or a surrogate that is removed no more efficiently than Cryptosporidium oocysts.The organism or surrogate used during challenge testing is referred to as the challenge particulate. The concentration of the challenge particulate, in both the feed and filtrate water, shall be determined using a method capable of discretely quantifying the specific challenge particulate used in the test. Gross measurements such as turbidity may not be used.

(iii) The maximum feed water concentration that can be used during a challenge test is based on the detection limit of the challenge particulate in the filtrate and shall be determined according to the following equation:

Maximum Feed Concentration = 3.16 x 10[superscript]6 x (Filtrate Detection Limit)

(iv) Challenge testing shall be conducted under representative hydraulic conditions at the maximum design flux and maximum design process recovery specified by the manufacturer for the membrane module. Flux is defined as the throughput of a pressure driven membrane process expressed as flow per unit of membrane area. Recovery is defined as the volumetric percent of feed water that is converted to filtrate over the course of an operating cycle uninterrupted by events such as chemical cleaning or a solids removal process, that is, backwashing.

(v) Removal efficiency of a membrane module shall be calculated from the challenge test results and expressed as a log removal value according to the following equation:

LRV = LOG10(Cf)-LOG10(Cp)

Where:

LRV = log removal value demonstrated during the challenge test; Cf = the feed concentration measured during the challenge test; and Cp = the filtrate concentration measured during the challenge test. Equivalent units shall be used for the feed and filtrate concentrations. If the challenge particulate is not detected in the filtrate, the term Cp is set equal to the detection limit for the purpose of calculating the LRV. An LRV shall be calculated for each membrane module evaluated during the challenge test.

(vi) The removal efficiency of a membrane filtration process demonstrated during challenge testing shall be expressed as a log removal value (LRVC-Test). If fewer than 20 modules are tested, then LRVC-Test is equal to the lowest of the representative LRVs among the modules tested. If 20 or more modules are tested, then LRVC-Test is equal to the 10th percentile of the representative LRVs among the modules tested. The percentile is defined by (i/ (n+1)) where i is the rank of n individual data points ordered lowest to highest. If necessary, the 10th percentile may be calculated using linear interpolation.

(vii) The challenge test shall establish a quality control release value (QCRV) for a nondestructive performance test that demonstrates the Cryptosporidium removal capability of the membrane filtration module. This performance test shall be applied to each production membrane module used by the supply that was not directly challenge tested in order to verify Cryptosporidium removal capability. Production modules that do not meet the established QCRV are not eligible for the treatment credit demonstrated during the challenge test.

(viii) If a previously tested membrane is modified in a manner that could change the removal efficiency of the membrane or the applicability of the nondestructive performance test and associated QCRV, additional challenge testing to demonstrate the removal efficiency of, and determine a new QCRV for, the modified membrane shall be conducted and submitted to the department.

(c) Direct integrity testing demonstrates removal efficiency. Subpart H supplies shall conduct direct integrity testing in a manner that demonstrates a removal efficiency equal to or greater than the removal credit awarded to the membrane filtration process. A direct integrity test is defined as a physical test applied to a membrane unit in order to identify and isolate integrity breaches for example, 1 or more leaks that could result in contamination of the filtrate. The direct integrity testing shall meet all of the following requirements:

(i) The direct integrity test shall be independently applied to each membrane unit in service. A membrane unit is defined as a group of membrane modules that share common valving that allows the unit to be isolated from the rest of the system for the purpose of integrity testing or other maintenance.

(ii) The direct integrity method shall have a resolution of 3 micrometers or less, where resolution is defined as the size of the smallest integrity breach that contributes to a response from the direct integrity test.

(iii) The direct integrity test shall have a sensitivity sufficient to verify the log treatment credit awarded to the membrane filtration process by the department, where sensitivity is defined as the maximum log removal value that can be reliably verified by a direct integrity test. Sensitivity shall be determined using the approach in either of the following as applicable to the type of direct integrity test the supply uses:

(A) For direct integrity tests that use an applied pressure or vacuum, the direct integrity test sensitivity shall be calculated according to the following equation:

LRVDIT = LOG10 (Qp / (VCF x Qbreach))

Where:

LRVDIT = the sensitivity of the direct integrity test; Qp = total design filtrate flow from the membrane unit; Qbreach = flow of water from an integrity breach associated with the smallest integrity test response that can be reliably measured, and VCF = volumetric concentration factor. The volumetric concentration factor is the ratio of the suspended solids concentration on the high pressure side of the membrane relative to that in the feed water.

(B) For direct integrity tests that use a particulate or molecular marker, the direct integrity test sensitivity shall be calculated according to the following equation:

LRVDIT = LOG10 (Cf)-LOG10 (Cp)

Where:

LRVDIT = the sensitivity of the direct integrity test; Cf = the typical feed concentration of the marker used in the test; and Cp = the filtrate concentration of the marker from an integral membrane unit.

(iv) Supplies shall establish a control limit within the sensitivity limits of the direct integrity test that is indicative of an integral membrane unit capable of meeting the removal credit awarded by the department.

(v) If the result of a direct integrity test exceeds the control limit established under paragraph (iv) of this subdivision, the supply shall remove the membrane unit from service. Supplies shall conduct a direct integrity test to verify the repairs, and may return the membrane unit to service only if the direct integrity test is within the established control limit.

(vi) Supplies shall conduct direct integrity testing on each membrane unit at a frequency of at least once each day that the membrane unit is in operation. The department may approve less frequent testing, based on demonstrated process reliability, the use of multiple barriers effective for Cryptosporidium, or reliable process safeguards.

(d) Indirect integrity monitoring is required on membrane units. Supplies shall conduct continuous indirect integrity monitoring on each membrane unit according to all of the criteria in this subdivision. "Indirect integrity monitoring" is defined as monitoring some aspect of filtrate water quality that is indicative of the removal of particulate matter. A supply that implements continuous direct integrity testing of membrane units under the criteria in subdivision (c)(i) to (v) of this subrule is not subject to the requirements for continuous indirect integrity monitoring. Supplies shall submit a monthly report to the department summarizing all continuous indirect integrity monitoring results triggering direct integrity testing and the corrective action that was taken in each case. All of the following apply to continuous indirect integrity monitoring on each membrane unit:

(i) Unless the department approves an alternative parameter, continuous indirect integrity monitoring shall include continuous filtrate turbidity monitoring.

(ii) Continuous monitoring shall be conducted at a frequency of at least once every 15 minutes.

(iii) Continuous monitoring shall be separately conducted on each membrane unit.

(iv) If indirect integrity monitoring includes turbidity and if the filtrate turbidity readings are above 0.15 NTU for a period greater than 15 minutes, that is, 2 consecutive 15-minute readings above 0.15 NTU, direct integrity testing shall immediately be performed on the associated membrane unit as specified in subdivision (c)(i) to (v) of this subrule.

(v) If indirect integrity monitoring includes a department-approved alternative parameter and if the alternative parameter exceeds a department-approved control limit for a period greater than 15 minutes, direct integrity testing shall immediately be performed on the associated membrane units as specified in subdivision (c)(i) to (v) of this subrule.

(3) Second stage filtration is an additional filtration toolbox component. Subpart H supplies receive 0.5-log Cryptosporidium treatment credit for a separate second stage of filtration that consists of sand, dual media, GAC, or other fine grain media following granular media filtration if the department approves. To be eligible for this credit, the first stage of filtration shall be preceded by a coagulation step and both filtration stages shall treat the entire plant flow taken from a surface water or GWUDI source.A cap, such as GAC, on a single stage of filtration is not eligible for this credit. The department shall approve the treatment credit based on an assessment of the design characteristics of the filtration process.

(4) Slow sand filtration, as secondary filter, is an additional filtration toolbox component.

Subpart H supplies may receive 2.5-log Cryptosporidium treatment credit for a slow sand filtration process that follows a separate stage of filtration if both filtration stages treat entire plant flow taken from a surface water or GWUDI source and no disinfectant residual is present in the influent water to the slow sand filtration process. The department shall approve the treatment credit based on an assessment of the design characteristics of the filtration process. This subrule does not apply to treatment credit awarded to slow sand filtration used as a primary filtration process.

**History**
- *History: 2009 AACS.*

##### **Mich. Admin. Code R 325.10611m** Enhanced treatment for Cryptosporidium; microbial toolbox; inactivation toolbox components {#sec-r-325.10611m omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10611m}

Rule 611m. (1) Calculation of CT values is an inactivation toolbox component. All of the following apply to CT calculation of subpart H supplies that are subject to R 325.10611d:

(a) CT is the product of the disinfectant contact time (T, in minutes) and disinfectant concentration (C, in milligrams per liter). Subpart H supplies with treatment credit for chlorine dioxide or ozone under subrule (2) or (3) of this rule shall calculate CT at least once each day, with both C and T measured during peak hourly flow as specified in R 325.10605.

(b) Subpart H supplies with several disinfection segments in sequence may calculate CT for each segment, where a disinfection segment is defined as a treatment unit process with a measurable disinfectant residual level and a liquid volume. Under this approach, supplies shall add the Cryptosporidium CT values in each segment to determine the total CT for the treatment plant.

(2) CT values for chlorine dioxide and ozone is an inactivation toolbox component. Both of the following apply to CT values:

(a) Subpart H supplies receive the Cryptosporidium treatment credit listed in the following table by meeting the corresponding chlorine dioxide CT value for the applicable water temperature, as described in subrule (1) of this rule:

CT Values in milligram-minutes per liter (mg-min/L) for Cryptosporidium Inactivation by Chlorine Dioxide * Log credit Water Temperature, in degrees Celsius less than or equal to 0.5 1 2 3 5 7 10 15 20 25 30 (i) 0.25159153140128107906945291912 (ii) 0.531930527925621418013889583824 (iii) 1.06376105585114293602771791167549 (iv) 1.595691583876764353941526817411373 (v) 2.0127512201117102385871955335723215098 Log credit Water Temperature, in degrees Celsius less than or equal to 0.5 1 2 3 5 7 10 15 20 25 30 (vi) 2.515941525139612781072899691447289188122 (vii) 3.0191218301675153412861079830536347226147 * Supplies may use this equation to determine log credit between the indicated values: Log credit = (0.001506 x (1.09116)Temp) x CT.

(b) Subpart H supplies receive the Cryptosporidium treatment credit listed in the following table by meeting the corresponding ozone CT values for the applicable water temperature, as described in subrule (1) of this rule:

CT Values in milligram-minutes per liter (mg-min/L) for Cryptosporidium Inactivation by Ozone * Log creditWater Temperature, in degrees Celsius less than or equal to 0.5 1 2 3 5 7 10 15 20 25 30 (i) 0.256.05.85.24.84.03.32.51.61.00.60.39 (ii) 0.51212109.57.96.54.93.12.01.20.78 (iii) 1.02423211916139.96.23.92.51.6 (iv) 1.5363531292420159.35.93.72.4 (v) 2.048464238322620127.84.93.1 (vi) 2.560585248403325169.86.23.9 (vii) 3.07269635747393019127.44.7 * Supplies may use this equation to determine log credit between the indicated values: Log credit = (0.0397 x (1.09757)Temp) x CT.

(3) Site-specific study is an inactivation toolbox component. The department may approve alternative chlorine dioxide or ozone CT values to those listed in subrule (2) of this rule on a site-specific basis. The department shall base this approval on a site-specific study a subpart H supply conducts that follows a department-approved protocol.

(4) Ultraviolet light is an inactivation toolbox component. Subpart H supplies receive Cryptosporidium, Giardia lamblia, and virus treatment credits for ultraviolet (UV) light reactors by achieving the corresponding UV dose values shown in subdivision (a) of this subrule. Supplies shall validate and monitor UV reactors as described in subdivisions (b) and (c) of this subrule to demonstrate that they are achieving a particular UV dose value for treatment credit. All of the following apply to UV:

(a) The following table is the UV dose table. The treatment credits listed in this table are for UV light at a wavelength of 254 nanometers as produced by a low pressure mercury vapor lamp. To receive treatment credit for other lamp types, subpart H supplies shall demonstrate an equivalent germicidal dose through reactor validation testing, as described in subdivision (b) of this subrule. The UV dose values in this table are applicable only to post-filter applications of UV in supplies.

UV Dose Table for Cryptosporidium, Giardia lamblia, and Virus Inactivation Credit Log credit Cryptosporidium UV dose in milli-joule per centimeters squared (mJ/ cm )

Giardia lamblia UV dose (mJ/cm )

Virus UV dose (mJ/cm )

(i) 0.51.61.539 (ii) 1.02.52.158 (iii) 1.53.93.079 (iv) 2.05.85.2100 (v) 2.58.57.7121 (vi) 3.01211143 (vii) 3.51515163 (viii) 4.02222186 (b) Subpart H supplies shall use UV reactors that have undergone validation testing to determine the operating conditions under which the reactor delivers the UV dose required in subdivision (a) of this subrule, that is, validated operating conditions. These operating conditions shall include flow rate, UV intensity as measured by a UV sensor, and UV lamp status. All of the following provisions apply to reactor validation testing:

(i) When determining validated operating conditions, supplies shall account for all of the following factors:

(A) UV absorbance of the water; lamp fouling and aging.

(B) Measurement uncertainty of on-line sensors.

(D) Failure of UV lamps or other critical system components.

(E) Inlet and outlet piping or channel configurations of the UV reactor.

(ii) Validation testing shall include both of the following:

(A) Full scale testing of a reactor that conforms uniformly to the UV reactors used by the supply.

(B) Inactivation of a test microorganism whose dose response characteristics have been quantified with a low pressure mercury vapor lamp.

(iii) The department may approve an alternative approach to validation testing.

(i) Supplies shall monitor their UV reactors to determine if the reactors are operating within validated conditions, as determined under subdivision (b) of this subrule. This monitoring shall include UV intensity as measured by a UV sensor, flow rate, lamp status, and other parameters the department designates based on UV reactor operation. Supplies shall verify the calibration of UV sensors and shall recalibrate sensors under a protocol the department approves.

(ii) To receive treatment credit for UV light, supplies shall treat not less than 95% of the water delivered to the public during each month by UV reactors operating within validated conditions for the required UV dose, as described in subdivisions (a) and (b) of this subrule.

Supplies shall demonstrate compliance with this condition by the monitoring required under paragraph (i) of this subdivision.

**History**
- *History: 2009 AACS.*

##### **Mich. Admin. Code R 325.10611n** Enhanced treatment for Cryptosporidium; requirements to respond to significant deficiencies identified in sanitary surveys performed by U.S.environmental protection agency (EPA) {#sec-r-325.10611n omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10611n}

Rule 611n. (1) A sanitary survey is defined in R 325.10108(a).Community or noncommunity water supplies are also considered "water supplies" or "supplies" in this rule.

(2) For the purposes of this rule, a significant deficiency includes a defect in design, operation, or maintenance, or a failure or malfunction of the sources, treatment, storage, or distribution system that EPA determines to be causing, or has the potential for causing the introduction of contamination into the water delivered to consumers.

(3) For sanitary surveys performed by EPA, water supplies shall respond in writing to significant deficiencies identified in sanitary survey reports not later than 45 days after receipt of the report, indicating how and on what schedule the supply will address significant deficiencies noted in the survey.

(4) Supplies shall correct significant deficiencies identified in sanitary survey reports according to the schedule approved by EPA, or if there is no approved schedule, according to the schedule reported under subrule (3) of this rule if those deficiencies are within the control of the supply.

**History**
- *History: 2009 AACS.*

##### **Mich. Admin. Code R 325.10612** Groundwater supply rules; general requirements; applicability {#sec-r-325.10612 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10612}

Rule 612. (1) This rule, R 325.10612a, and R 325.10739 to R 325.10739b apply to all community and noncommunity water supplies that use groundwater except that it does not apply to public water supplies that combine all of their groundwater with surface water or with groundwater under the direct influence of surface water before treatment under R 325.10611. For purposes of this rule, R 325.10612a, and R 325.10739 to R 325.10739b, "groundwater supply" is defined as any community water supply or noncommunity water supply meeting this applicability statement, including consecutive supplies receiving finished groundwater.

(2) Groundwater supplies subject to this rule shall comply with all of the following requirements:

(a) Groundwater supplies shall provide the department, at the department's request, any existing information that will enable the department to conduct a sanitary survey as defined in R 325.10108.

(b) Microbial source water monitoring requirements for groundwater supplies that do not treat all of their groundwater to not less than 99.99% (4-log) treatment of viruses (using inactivation, removal, or a department-approved combination of 4-log virus inactivation and removal) before or at the first customer as described in R 325.10739.

(c) Treatment technique requirements, described in R 325.10612a, that apply to groundwater supplies that have fecally contaminated source waters, as determined by source water monitoring conducted under R 325.10739, or that have significant deficiencies. A significant deficiency includes but is not limited to, a defect in design, operation, or maintenance, or a failure or malfunction of the sources, treatment, storage, or distribution system that the department determines to be causing, or have potential for causing, the introduction of contamination into the water delivered to consumers. A groundwater supply with fecally contaminated source water or with significant deficiencies subject to the treatment technique requirements of this rule shall implement 1 or more of the following corrective action options:

(i) Correct all significant deficiencies.

(ii) Provide an alternate source of water.

(iii) Eliminate the source of contamination (iv) Provide treatment that reliably achieves not less than 4-log treatment of viruses, using inactivation, removal, or a department-approved combination of 4-log virus inactivation and removal, before or at the first customer.

(d) Groundwater supplies that provide not less than 4-log treatment of viruses, using inactivation, removal, or a department-approved combination of 4-log virus inactivation and removal, before or at the first customer are required to conduct compliance monitoring to demonstrate treatment effectiveness, as described in R 325.10739a.

(e) If requested by the department, groundwater supplies shall provide the department with any existing information that will enable the department to perform a hydrogeologic sensitivity assessment. For the purposes of this rule, "hydrogeologic sensitivity assessment" is a determination of whether groundwater supplies obtain water from hydrogeologically sensitive settings.

(f) Groundwater supplies shall comply, unless otherwise required, with the requirements of this rule beginning December 1, 2009.

**History**
- *History: 2009 AACS.*

##### **Mich. Admin. Code R 325.10612a** Groundwater supply rules; treatment technique requirements for groundwater supplies {#sec-r-325.10612a omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10612a}

Rule 612a. (1) All of the following apply to groundwater supplies that are subject to R 325.10612 with significant deficiencies or source water fecal contamination:

(a) The treatment technique requirements of this rule shall be met by groundwater supplies when a significant deficiency is identified or when a groundwater source sample collected under R 325.10739(1)(c) is fecal indicator-positive.

(b) If directed by the department, a groundwater supply with a groundwater source sample collected under sampling requirements of R 325.10739(1)(b), consecutive and wholesale supply requirements of R 325.10739(1)(d), or assessment source water requirements of R 325.10739(2) that is fecal indicator-positive shall comply with the treatment technique requirements of this rule.

(c) When a significant deficiency is identified at a Subpart H supply that uses both groundwater and surface water or groundwater under the direct influence of surface water, the Subpart H supply shall comply with this subrule except where the department determines that the significant deficiency is in a portion of the distribution system that is served solely by surface water or groundwater under the direct influence of surface water.

(d) Unless the department directs the groundwater supply to implement a specific corrective action, the groundwater supply shall consult with the department regarding the appropriate corrective action within 30 days of receiving written notice from the department of a significant deficiency, written notice from a laboratory that a groundwater source sample collected under R 325.10739(1)(c) was found to be fecal indicator-positive, or direction from the department that a fecal indicator-positive collected under sampling requirements of R 325.10739(1)(b), consecutive and wholesale supply requirements of R 325.10739(1)(d), or assessment source water requirements of R 325.10739(2) requires corrective action. For purposes of this rule, R 325.10612, and R 325.10739 to R 325.10739b, significant deficiencies include, but are not limited to, defects in design, operation, or maintenance, or a failure or malfunction of the sources, treatment, storage, or distribution system that the department determines to be causing, or have potential for causing, the introduction of contamination into the water delivered to consumers.

(e) Within 120 days, or earlier if directed by the department, of receiving written notification from the department of a significant deficiency, written notice from a laboratory that a groundwater source sample collected under R 325.10739(1)(c) was found to be fecal indicator-positive, or direction from the department that a fecal indicatorpositive sample collected under sampling requirements of R 325.10739(1)(b), consecutive and wholesale supply requirements of R 325.10739(1)(d), or assessment source water requirements of R 325.10739(2) requires corrective action, the groundwater supply shall comply with either of the following:

(i) Have completed corrective action under applicable department plan review processes or other department guidance or direction, if any, including department-specified interim measures.

(ii) Be in compliance with a department-approved corrective action plan and schedule subject to both of the following conditions:

(A) Any subsequent modifications to a department-approved corrective action plan and schedule shall also be approved by the department.

(B) If the department specifies interim measures for protection of the public health pending department approval of the corrective action plan and schedule or pending completion of the corrective action plan, the groundwater supply shall comply with these interim measures as well as with any schedule specified by the department.

(f) Groundwater supplies that meet the conditions of subdivision (a) or (b) of this subrule shall implement 1 or more of the following corrective action alternatives:

(i) Correct all significant deficiencies.

(ii) Provide an alternate source of water.

(iii) Eliminate the source of contamination.

(iv) Provide treatment that reliably achieves not less than 4-log treatment of viruses (using inactivation, removal, or a department-approved combination of 4-log virus inactivation and removal) before or at the first customer for the groundwater source.

(g) A community groundwater supply that receives notice from the department of a significant deficiency or notification of a fecal indicator-positive groundwater source sample that is not invalidated by the department under R 325.10739(3) is subject to R 325.10408c.

(2) Both of the following shall conduct compliance monitoring under R 325.10739a:

(a) A groundwater supply that is not required to meet the source water monitoring requirements of R 325.10612, this rule, R 325.10612b, or R 325.10739 to R 325.10739b for 1 or more groundwater sources because it provides not less than 4-log treatment of viruses (using inactivation, removal, or a department-approved combination of 4-log virus inactivation and removal) before or at the first customer for 1 or more groundwater sources before December 1, 2009.

(b) A groundwater supply that places a groundwater source in service after November 30, 2009, that is not required to meet the source water monitoring requirements of R 325.10612, this rule, R 325.10612b, or R 325.10739 to R 325.10739b because the groundwater supply provides not less than 4-log treatment of viruses (using inactivation, removal, or a department-approved combination of 4-log virus inactivation and removal) before or at the first customer for the groundwater source.

(3) A groundwater supply may discontinue 4-log treatment of viruses (using inactivation, removal, or a department-approved combination of 4-log virus inactivation and removal) before or at the first customer for a groundwater source if the department determines and documents in writing that 4-log treatment of viruses is no longer necessary for that groundwater source. A groundwater supply that discontinues 4-log treatment of viruses is subject to the source water monitoring requirements of R 325.10739.

**History**
- *History: 2009 AACS.*

##### **Mich. Admin. Code R 325.10612b** Groundwater supply rules; treatment technique violations for groundwater supplies {#sec-r-325.10612b omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10612b}

Rule 612b. (1) A groundwater supply subject to R 325.10612 with a significant deficiency is in violation of the treatment technique requirement if, within 120 days (or earlier if directed by the department) of receiving written notice from the department of the significant deficiency, either of the following conditions exist:

(a) The groundwater supply does not complete corrective action under any applicable department plan review processes or other department guidance and direction, including department specified interim actions and measures.

(b) The groundwater supply is not in compliance with a department-approved corrective action plan and schedule.

(2) Unless the department invalidates a fecal indicator-positive groundwater source sample under R 325.10739(3), a groundwater supply is in violation of the treatment technique requirement if, within 120 days (or earlier if directed by the department) of meeting the conditions of R 325.10612a(1)(a) or (b), either of the following conditions exist:

(b) The groundwater supply is not in compliance with a department-approved corrective action plan and schedule.

(3) A groundwater supply subject to the requirements of R 325.10739a(3) that fails to maintain not less than 4-log treatment of viruses (using inactivation, removal, or a department-approved combination of 4-log virus inactivation and removal) before or at the first customer for a groundwater source is in violation of the treatment technique requirement if the failure is not corrected within 4 hours of determining the groundwater supply is not maintaining not less than 4-log treatment of viruses before or at the first customer.

(4) A groundwater supply shall give public notification under R 325.10403 for the treatment technique violations specified in subrules (1) to (3) of this rule.

PART 7. SURVEILLANCE, INSPECTION, AND MONITORING

**History**
- *History: 2009 AACS.*

##### **Mich. Admin. Code R 325.10701** Purpose {#sec-r-325.10701 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10701}

Rule 701. The purpose of this part is to specify inspection and surveillance activities by the department to assure compliance by a public water supply with the act and these rules; to prescribe certain monitoring requirements and procedures for suppliers of water in accordance with the act and the federal act; and to establish a schedule of fees for the collection and analysis of water samples by the department as required by the act.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.10702** Evaluation of adequacy and condition of public water supplies; sanitary surveys {#sec-r-325.10702 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10702}

Rule 702. (1) Under section 3 of the act, the department shall make sanitary surveys, onsite inspections, surveillance observations, or special purpose investigations for the purpose of evaluating the adequacy and condition of public water supplies at a frequency which may be determined by the department.

(2) Based on the results of each sanitary survey, the department shall determine whether the existing monitoring frequency is adequate and what additional measures, if any, the supply shall take to improve drinking water quality.

(3) Subpart H supplies shall undergo sanitary surveys at least once every 3 years for community water supplies and at least once every 5 years for noncommunity water supplies. The department may reduce the frequency to at least once every 5 years for community water supplies that have demonstrated outstanding performance.

(4) Groundwater supplies subject to R 325.10612 shall undergo sanitary surveys at either of the following frequencies:

(a) Community water supplies shall undergo a sanitary survey at least once every 3 years, except the department may reduce the frequency to once every 5 years if either of the following conditions exists:

(i) The supply provides at least 4-log treatment of viruses (using inactivation, removal, or a department approved combination of 4-log inactivation and removal) before or at the first customer for all its groundwater sources.

(ii) The supply has an outstanding performance record.

(b) Noncommunity water supplies shall undergo a sanitary survey at least once every 5 years.

**History**
- *History: 1979 AC; 1991 AACS; 2003 AACS; 2009 AACS; 2015 AACS.*

##### **Mich. Admin. Code R 325.10703** On-site inspections and surveillance observations {#sec-r-325.10703 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10703}

Rule 703. On-site inspections and surveillance observations of public water supplies may include, but are not necessarily limited to, a review of all of the following:

(a) Waterworks system physical facilities and equipment.

(b) Administration and recordkeeping.

(d) The maintenance program for the waterworks system.

(e) The design and operation of the waterworks system.

(f) Compliance with operator certification requirements for treatment systems and distribution systems.

(g) A cross-connection control program.

(h) The reliability of the waterworks system.

(i) Security measures provided to protect water quality and the operation of the waterworks system.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.10704** Coliform sampling {#sec-r-325.10704 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10704}

Rule 704. (1) Until March 31, 2016, community and noncommunity water systems shall collect samples and cause analyses to be made for coliform bacteria to determine compliance with the state drinking water standards. Beginning April 1, 2016, the total coliform provisions of R 325.10704a to R 325.10704k are applicable, with supplies required to begin regular monitoring at the same frequency as the supply-specific frequency required on March 31, 2016.

(2) Until March 31, 2016, the department may require samples to be collected and analyzed for coliform bacteria for type III public water systems at a frequency as may be considered necessary by the department. Beginning April 1, 2016, supplies shall comply with R 325.10704a(2).

(3) If any routine or repeat sample is total coliform-positive, the supplier shall analyze that total coliform-positive culture medium to determine if fecal coliforms are present.

Analysis for E. coli may be performed instead of fecal coliforms.

(4) All of the following provisions apply until March 31, 2016:

(a) R 325.10705 collection and analysis of samples for coliform bacteria; community water systems.

(b) R 325.10706 collection and analysis of samples for coliform bacteria; noncommunity water system.

(5) All of the following provisions apply until all required repeat monitoring under R 325.10707 and fecal coliform or E. coli testing under subrule (3) of this rule that was initiated by a total coliform-positive sample taken before April 1, 2016 is completed, as well as analytical method, reporting, recordkeeping, public notification, and consumer confidence report requirements associated with that monitoring and testing:

(a) R 325.10707 repeat monitoring for total coliform.

(b) R 325.10707a invalidation of total coliform samples.

(d) R 325.10707b general notification requirements for total coliform and fecal coliform/escherichia coli (E. coli).

**History**
- *History: 1979 AC; 2003 AACS; 2015 AACS.*

##### **Mich. Admin. Code R 325.10704a** Total coliform; general {#sec-r-325.10704a omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10704a}

Rule 704a. (1) All of the following rules, also known in these rules as the total coliform rules, include both maximum contaminant level and treatment technique requirements:

(a) R 325.10704a total coliform; general.

(b) R 325.10704b total coliform; analytical methods.

(d) R 325.10704d total coliform; routine monitoring; noncommunity; serving 1,000 or fewer people; groundwater.

(e) R 325.10704e total coliform; routine monitoring; community; serving 1,000 or fewer people; groundwater.

(f) R 325.10704f total coliform; routine monitoring; subpart H; serving 1,000 or fewer people.

(g) R 325.10704g total coliform; routine monitoring; community and noncommunity; serving more than 1,000 people.

(h) R 325.10704h total coliform; repeat monitoring; E. coli.

(i) R 325.10704i total coliform; treatment technique triggers; assessments.

(j) R 325.10704j total coliform; violations.

(k) R 325.10704k total coliform; reporting and recordkeeping.

(2) The total coliform rules apply to all community and noncommunity water supplies.

The department may require samples to be collected and analyzed for coliform bacteria for type III public water systems at a frequency as may be considered necessary by the department.

(3) Supplies falling under direct oversight of the EPA, where the EPA acts as the department, shall comply with decisions made by the EPA for implementation of these total coliform rules. The EPA has authority to establish the procedures and criteria as are necessary to implement these total coliform rules.

(4) Failure to comply with these total coliform rules is a violation of these rules.

(5) Supplies shall comply with these total coliform rules beginning April 1, 2016, unless otherwise required in these total coliform rules.

**History**
- *History: 2015 AACS.*

##### **Mich. Admin. Code R 325.10704b** Total coliform; analytical methods {#sec-r-325.10704b omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10704b}

Rule 704b. (1) All of the following provisions apply to analytical methodology for compliance with the total coliform rules in R 325.10704a.

(a) The standard sample volume required for analysis, regardless of analytical method used, is 100 milliliters.

(b) Supplies need only determine the presence or absence of total coliforms and E. coli; a determination of density is not required.

(c) The time from sample collection to initiation of test medium incubation shall not exceed 30 hours. Supplies are encouraged but not required to hold samples below 10 degrees Celsius (50 degrees Fahrenheit) during transit.

(d) If water having residual chlorine (measured as free, combined, or total chlorine) is to be analyzed, sufficient sodium thiosulfate (Na S O ) shall be added to the sample bottle before sterilization to neutralize the residual chlorine in the water sample. Dechlorination procedures are addressed in Section 9060A.2 of Standard Methods for the Examination of Water and Wastewater (20th and 21st editions), which is adopted by reference in R 325.10605.

(e) Supplies shall conduct total coliform and E. coli analyses in accordance with the appropriate analytical methods adopted by reference in R 325.10605.

(2) Supplies shall have all compliance samples required under the total coliform rules R 325.10704a to R 325.10704k analyzed by a laboratory certified by the EPA or the department to analyze drinking water samples, as required under R 325.10601a and R 325.10731. The laboratory used by the supply shall be certified for each method (and associated contaminant(s)) used for compliance monitoring analyses under total coliform rules, R 325.10704a to R 325.10704k.

(3) The standards required in these rules are incorporated by reference in R 325.10605.

**History**
- *History: 2015 AACS.*

##### **Mich. Admin. Code R 325.10704c** Total coliform; general monitoring {#sec-r-325.10704c omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10704c}

Rule 704c. (1) Sample siting plan requirements for compliance with the total coliform rules in R 325.10704a are all of the following:

(a) Supplies shall develop a written sample siting plan that identifies sampling sites and a sample collection schedule that are representative of water throughout the distribution system not later than March 31, 2016. These plans are subject to department review and revision. Supplies shall collect total coliform samples according to the written sample siting plan. Monitoring required by R 325.10704d to R 325.10704h may take place at a customer’s premise, dedicated sampling station, or other designated compliance sampling location. Routine and repeat sample sites and the sampling points necessary to meet the requirements of the groundwater rules of R 325.10739 to R 325.10739b shall be reflected in the sampling plan.

(b) Supplies shall collect samples at regular time intervals throughout the month, except that supplies that use only ground water and serve 4,900 or fewer people may collect all required samples on a single day if they are taken from different sites.

(c) Supplies shall take at least the minimum number of required samples even if the supply has had an E. coli MCL violation or has exceeded the coliform treatment technique triggers in R 325.10704i(1).

(d) A supply may conduct more compliance monitoring than is required by these total coliform rules R 325.10704a to R 325.10704k to investigate potential problems in the distribution system and use monitoring as a tool to assist in uncovering problems. A supply may take more than the minimum number of required routine samples and shall include the results in calculating whether the coliform treatment technique trigger in R 325.10704i(1)(a)(i) and (ii) has been exceeded only if the samples are taken in accordance with the existing sample siting plan and are representative of water throughout the distribution system.

(e) Supplies shall identify repeat monitoring locations in the sample siting plan. All of the following apply to repeat monitoring locations:

(i) Unless the provisions of paragraph (iii) of this subdivision are met, the supply shall collect at least 1 repeat sample from the sampling tap where the original total coliformpositive sample was taken, and at least 1 repeat sample at a tap within 5 service connections upstream and at least 1 repeat sample at a tap within 5 service connections downstream of the original sampling site. If a total coliform-positive sample is at the end of the distribution system, or 1 service connection away from the end of the distribution system, the supply shall still take all required repeat samples. However, the department may allow an alternative sampling location instead of the requirement to collect at least 1 repeat sample upstream or downstream of the original sampling site.

(ii) Supplies required to conduct triggered source water monitoring under R 325.10739(1)(a) shall take ground water source sample or samples in addition to repeat samples required under these total coliform rules R 325.10704a to R 325.10704k.

(iii)Supplies may propose repeat monitoring locations to the department that the supply believes to be representative of a pathway for contamination of the distribution system. A supply may elect to specify either alternative fixed locations or criteria for selecting repeat sampling sites on a situational basis in a standard operating procedure (SOP) in its sample siting plan. The supply shall design its SOP to focus the repeat samples at locations that best verify and determine the extent of potential contamination of the distribution system area based on specific situations. The department may modify the SOP or require alternative monitoring locations as needed.

(f) The department may review, revise, and approve, as appropriate, repeat sampling proposed by supplies under subdivision (e)(iii) of this subrule. The supply shall demonstrate that the sample siting plan remains representative of the water quality in the distribution system. The department may determine that monitoring at the entry point to the distribution system (especially for undisinfected ground water supplies) is effective to differentiate between potential source water and distribution system problems.

(2) Special purpose samples, such as those taken to determine whether disinfection practices are sufficient following pipe placement, replacement, or repair, shall not be used to determine whether the coliform treatment technique trigger has been exceeded. Repeat samples taken under R 325.10704h are not considered special purpose samples, and shall be used to determine whether the coliform treatment technique trigger has been exceeded.

(3) A total coliform-positive sample invalidated under this subrule does not count toward meeting the minimum monitoring requirements of these total coliform rules R 325.10704a to R 325.10704k. A sample is invalidated under either of the following:

(a) The department may invalidate a total coliform-positive sample only if 1 or more of the following conditions are met:

(i) The laboratory establishes that improper sample analysis caused the total coliformpositive result.

(ii) The department, on the basis of the results of repeat samples collected as required under R 325.10704h(1), determines that the total coliform-positive sample resulted from a domestic or other non-distribution system plumbing problem. For example, the department determines that the total coliform-positive sample result, which is from a sample tap that is approved in the sample siting plan, is isolated to that specific sample location. The department shall not invalidate a sample on the basis of repeat sample results unless both of the following occur:

(A) All repeat sample or samples collected at the same tap as the original total coliformpositive sample are also total coliform-positive.

(B) All repeat samples collected at a location other than the original tap are total coliform-negative.

Note to subdivision (ii) of this subrule: For example, the department shall not invalidate a total coliform-positive sample on the basis of repeat samples if all the repeat samples are total coliform-negative, or if the supply has only 1 service connection.

(iii) The department has substantial grounds to believe that a total coliform-positive result is due to a circumstance or condition that does not reflect water quality in the distribution system, such as use of an unapproved sample location or documented gross deviation from accepted sample collection procedures that clearly could be expected to contaminate the sample itself. In this case, the supply shall still collect all repeat samples required under R 325.10704h(1), and use them to determine whether a coliform treatment technique trigger in R 325.10704i has been exceeded. To invalidate a total coliformpositive sample under this subdivision, the decision and supporting rationale shall be documented in writing, and approved and signed by the supervisor of the department official who recommended the decision. The department shall make this document available to the EPA and the public. The written documentation shall state the specific cause of the total coliform-positive sample, and what action the supply has taken, or will take, to correct this problem. The department shall not invalidate a total coliform-positive sample solely on the grounds that all repeat samples are total coliform-negative.

(b) Both of the following apply to laboratory invalidation of a sample:

(i) A laboratory shall invalidate a total coliform sample, unless total coliforms are detected, if 1 or more of the following occur:

(A) The sample produces a turbid culture in the absence of gas production using an analytical method where gas formation is examined, for example, the multiple-tube fermentation technique.

(B) The sample produces a turbid culture in the absence of an acid reaction in the presence-absence (p-a) coliform test.

(C) The sample exhibits confluent growth or produces colonies too numerous to count with an analytical method using a membrane filter, for example, membrane filter technique.

(ii) If a laboratory invalidates a sample because of the interference, the supply shall collect another sample from the same location as the original sample within 24 hours of being notified of the interference problem, and have it analyzed for the presence of total coliforms. The supply shall continue to resample within 24 hours and have the samples analyzed until it obtains a valid result. The department may waive the 24-hour time limit on a case-by-case basis.

**History**
- *History: 2015 AACS.*

##### **Mich. Admin. Code R 325.10704d** Total coliform; routine monitoring; noncommunity; serving 1,000 or fewer people; groundwater {#sec-r-325.10704d omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10704d}

Rule 704d. (1) General total coliform rules routine monitoring requirements are all of the following:

(a) This rule applies to noncommunity water supplies using only ground water, except ground water under the direct influence of surface water, as defined in R 325.10105 and serving 1,000 or fewer people.

(b) Following a total coliform-positive sample taken under this rule, supplies shall comply with the repeat monitoring requirements and E. coli analytical requirements in R 325.10704h.

(c) Once all monitoring required by this rule and R 325.10704h for a calendar month has been completed, supplies shall determine whether 1 or more coliform treatment technique triggers in R 325.10704i have been exceeded. If 1 or more trigger has been exceeded, supplies shall complete assessments under R 325.10704i.

(d) For the purpose of determining eligibility for remaining on or qualifying for quarterly monitoring under subrules (6)(a)(iv) and (7)(d) of this rule, respectively, for transient noncommunity water supplies, the department may elect not to count monitoring violations under R 325.10704j(3)(a) if the missed sample is collected no later than the end of the monitoring period following the monitoring period in which the sample was missed. The supply shall collect the make-up sample in a different week than the routine sample for that monitoring period and should collect the sample as soon as possible during the monitoring period. The department shall not use this provision to reduce monitoring for a supply on increased monitoring in subrule (7) of this rule. This authority does not affect monitoring violations in R 325.10704j(3)(a) and reporting requirements in R 325.10704k(1)(d).

(2) Supplies shall monitor each calendar quarter that the supply provides water to the public, except for seasonal supplies or as provided under subrules (3) to (8) and (10) of this rule. Seasonal supplies shall meet the monitoring requirements of subrule (9) of this rule.

(3)Transition to total coliform rules R 325.10704a to R 325.10704k are both of the following requirements:

(a) Supplies, including seasonal supplies, shall continue to monitor according to the total coliform monitoring schedules under R 325.10702, R 325.10704, R 325.10705, R 325.10706, R 325.10707, R 325.10707a, R 325.10707b, and R 325.10709 that were in effect on March 31, 2016, unless 1 or more of the conditions for increased monitoring in subrule (6) of this rule are triggered on or after April 1, 2016, or unless otherwise directed by the department.

(b) Beginning April 1, 2016, the department shall perform a special monitoring evaluation during each sanitary survey to review the status of the supply, including the distribution system, to determine whether the supply is on an appropriate monitoring schedule. After the department has performed the special monitoring evaluation during each sanitary survey, the department may modify the supply’s monitoring schedule, as necessary, or it may allow the supply to stay on its existing monitoring schedule, consistent with this rule. The department shall not allow supplies to begin less frequent monitoring under the special monitoring evaluation unless the supply has already met the applicable criteria for less frequent monitoring in this rule. For seasonal supplies on quarterly monitoring, this evaluation shall include review of the approved sample siting plan, which shall designate the time period or periods for monitoring based on site-specific considerations, for example, during periods of highest demand or highest vulnerability to contamination. The seasonal supply shall collect compliance samples during these time periods.

(4) Beginning no later than calendar year 2017, supplies on annual monitoring shall have an initial and recurring annual site visit by the department that is equivalent to a level 2 assessment or an annual voluntary level 2 assessment that meets the criteria in R 325.10704i(2) to remain on annual monitoring. The periodic required sanitary survey may be used to meet the requirement for an annual site visit for the year in which the sanitary survey was completed.

(5) Criteria for annual monitoring are both of the following:

(a) Beginning April 1, 2016, the department may reduce the monitoring frequency for a well-operated ground water supply from quarterly routine monitoring to at least annual monitoring, if the supply demonstrates that it meets all of the following criteria for reduced monitoring, except for a supply that has been on increased monitoring under subrule (6) of this rule:

(i) The supply has a clean compliance history for a minimum of 12 months.

(ii) The most recent sanitary survey shows that the supply is free of sanitary defects or has corrected all identified sanitary defects, has a protected water source, and meets approved construction standards.

(iii) The department has conducted an annual site visit within the last 12 months and the supply has corrected all identified sanitary defects. The supply may substitute a level 2 assessment that meets the criteria in R 325.10704i(2) for the department annual site visit.

(b) A supply on increased monitoring under subrule (6) of this rule shall meet the provisions of subrule (7) of this rule to go to quarterly monitoring and shall meet the provisions of subrule (8) of this rule to go to annual monitoring.

(6) Increased monitoring requirements for supplies on quarterly or annual monitoring are both of the following:

(a) A supply on quarterly or annual monitoring shall begin monthly monitoring the month following 1 or more of the following events, except as required in paragraph (v) of this subdivision:

(i) The supply triggers 1 level 2 assessment under R 325.10704i or 2 level 1 assessments under R 325.10704i in a rolling 12-month period.

(ii) The supply has an E. coli MCL violation.

(iii) The supply has a coliform treatment technique violation.

(iv) The supply on quarterly monitoring experiences either of the following events in a rolling 12-month period:

(A) Two total coliform monitoring violations.

(B) One total coliform monitoring violation and 1level 1 assessment under R 325.10704i.

(v) The supply on annual monitoring has 1 total coliform rule monitoring violation. The supply shall begin quarterly monitoring the quarter following the event.

(b) The supply shall continue monthly or quarterly monitoring until the requirements in subrule (7) of this rule for quarterly monitoring or subrule (8) of this rule for annual monitoring are met. A supply on monthly monitoring for reasons other than those identified in subdivision (a)(i) to (iv) of this subrule is not considered to be on increased monitoring for the purposes of subrules (7) and (8) of this rule.

(7) The department may reduce the monitoring frequency for a supply on monthly monitoring triggered under subrule (6) of this rule to quarterly monitoring if the supply meets all of the following criteria:

(a) Within the last 12 months, the supply shall have a completed sanitary survey or a site visit by the department or a voluntary level 2 assessment by the department.

(b) The supply is free of sanitary defects.

(d) The supply has a clean compliance history for a minimum of 12 months.

(8) The department may reduce the monitoring frequency to annual monitoring for a supply on increased monitoring under subrule (6) of this rule if the supply meets the criteria in subrule (7) of this rule to reduce to quarterly monitoring plus both of the following criteria:

(a) An annual site visit by the department and correction of all identified sanitary defects.

The supply may substitute a voluntary level 2 assessment by the department for the department annual site visit in a given year.

(b) The supply shall have in place or adopt 1 or more of the following additional enhancements to the water supply barriers to contamination:

(i) Cross connection control, as approved by the department.

(ii) An operator certified by the department or regular visits by a circuit rider certified by the department.

(iii) Continuous disinfection entering the distribution system and a residual in the distribution system under criteria specified by the department.

(iv) Demonstration of maintenance of at least a 4-log removal or inactivation of viruses as provided for under R 325.10739a(3).

(v) Other equivalent enhancements to water supply barriers as approved by the department.

(9) Seasonal supplies shall comply with all of the following:

(a) Beginning April 1, 2016, all seasonal supplies shall complete the departmentapproved start-up procedure, which may include a requirement for startup sampling, and submit a certification to the department, before serving water to the public, that it has completed the department-approved start-up procedures.

(b) A seasonal supply shall monitor every month that it is in operation unless it is eligible for quarterly monitoring beginning April 1, 2016, except as provided in subrule (3) of this rule. Seasonal supplies shall not reduce to annual monitoring. To be eligible for quarterly monitoring, a seasonal system shall meet both of the following criteria:

(i) Have an approved sample siting plan that designates the time period for monitoring based on site-specific considerations, for example, during periods of highest demand or highest vulnerability to contamination. Seasonal supplies shall collect compliance samples during this time period.

(ii) Meet the criteria in subrule (7) of this rule.

(c) The department may exempt a seasonal supply from some or all of the requirements for seasonal supplies if the entire distribution system remains pressurized during the entire period that the supply is not operating, except that supplies that monitor less frequently than monthly shall monitor during the vulnerable period designated by the department.

(10) Supplies collecting samples on a quarterly or annual frequency shall conduct additional routine monitoring the month following 1 or more total coliform-positive samples, with or without a level 1 treatment technique trigger. Supplies shall collect at least 3 routine samples during the next month. Supplies may either collect samples at regular time intervals throughout the month or may collect all required routine samples on a single day if samples are taken from different sites. Supplies shall use the results of additional routine samples in coliform treatment technique trigger calculations under R 325.10704i(1). The department may waive the requirement to collect 3 routine samples the next month in which the supply provides water to the public if 1 or more of the following conditions are met:

(a) The department, or an agent approved by the department, performs a site visit before the end of the next month in which the supply provides water to the public. Although a sanitary survey need not be performed, the site visit shall be sufficiently detailed to allow the department to determine whether additional monitoring or corrective action, or both, is needed. The department shall not approve an employee of the supply to perform this site visit, even if the employee is an agent approved by the department to perform sanitary surveys.

(b) The department has determined why the sample was total coliform-positive and has established that the supply has corrected the problem or will correct the problem before the end of the next month in which the supply serves water to the public. In this case, the department shall document this decision to waive the following month's additional monitoring requirement in writing, have it approved and signed by the supervisor of the department official who recommends the decision, and make this document available to the EPA and public. The written documentation shall describe the specific cause of the total coliform-positive sample and what action the supply has taken and/or will take to correct this problem.

(c) The department determines that the supply has corrected the contamination problem before the supply takes the set of repeat samples required in R 325.10704h, and all repeat samples were total coliform-negative. The department shall not waive the requirement to collect 3 additional routine samples the next month in which the supply provides water to the public solely on the grounds that all repeat samples are total coliform-negative.

**History**
- *History: 2015 AACS.*

##### **Mich. Admin. Code R 325.10704e** Total coliform; routine monitoring; community; serving 1,000 or fewer people; groundwater {#sec-r-325.10704e omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10704e}

Rule 704e. (1) General total coliform rules routine monitoring requirements are all of the following:

(a) This rule applies to community water supplies using only ground water, except ground water under the direct influence of surface water, as defined in R 325.10105 and serving 1,000 or fewer people.

(b) Following a total coliform-positive sample taken under this rule, supplies shall comply with the repeat monitoring requirements and E. coli analytical requirements in R 325.10704h.

(c) Once all monitoring required by this rule and R 325.10704h for a calendar month has been completed, supplies shall determine whether 1 or more coliform treatment technique triggers in R 325.10704i have been exceeded. If a trigger has been exceeded, supplies shall complete assessments under R 325.10704i.

(2) The monitoring frequency for total coliforms is 1 sample per month. Supplies shall not reduce monitoring frequency.

##### **Mich. Admin. Code R 325.10704f** Total coliform; routine monitoring; subpart H; serving 1,000 or fewer people {#sec-r-325.10704f omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10704f}

Rule 704f. (1) General total coliform rules routine monitoring requirements are all of the following:

(a) This rule applies to subpart H community and noncommunity water supplies serving 1,000 or fewer people.

(b) Following a total coliform-positive sample taken under this rule, supplies shall comply with the repeat monitoring requirements and E. coli analytical requirements in R 325.10704h.

(c) Once all monitoring under this rule and R 325.10704h for a calendar month has been completed, supplies shall determine whether 1 or more coliform treatment technique triggers in R 325.10704i have been exceeded. If a trigger has been exceeded, supplies shall complete assessments under R 325.10704i.

(d) Seasonal supplies shall comply with both of the following:

(i) Beginning April 1, 2016, all seasonal supplies shall complete the departmentapproved start-up procedure, which may include a requirement for startup sampling, and submit a certification to the department, before serving water to the public, that it has completed the department-approved start-up procedures.

(ii) The department may exempt a seasonal supply from some or all of the requirements for seasonal supplies if the entire distribution system remains pressurized during the entire period that the supply is not operating.

(2) Routine monitoring frequency for total coliforms. Subpart H supplies, including consecutive supplies shall monitor monthly. Supplies shall not reduce monitoring.

**History**
- *History: 2015 AACS.*

##### **Mich. Admin. Code R 325.10704g** Total coliform; routine monitoring; community and noncommunity; serving more than 1,000 people {#sec-r-325.10704g omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10704g}

Rule 704g. (1) General total coliform rules routine monitoring requirements are all of the following:

(a) This rule applies to community and noncommunity water supplies serving more than 1,000 persons.

(b) Following a total coliform-positive sample taken under this rule, supplies shall comply with the repeat monitoring requirements and E. coli analytical requirements in R 325.10704h.

(c) Once all monitoring required by this rule and R 325.10704h for a calendar month has been completed, supplies shall determine whether 1 or more coliform treatment technique triggers in R 325.10704i have been exceeded. If a trigger has been exceeded, supplies shall complete assessments under R 325.10704i.

(d) Seasonal supplies shall comply with both of the following:

(2) The monitoring frequency for total coliforms is based on the population served by the supply, as follows:

Total Coliform Monitoring Frequency for Community and Noncommunity Water Supplies Serving More Than 1,000 People Population servedMinimum number of samples per month 1,001 to 2,5002 2,501 to 3,3003 3,301 to 4,1004 4,101 to 4,9005 4,901 to 5,8006 5,801 to 6,7007 6,701 to 7,6008 7,601 to 8,5009 8,501 to 12,90010 12,901 to 17,20015 17,201 to 21,50020 21,501 to 25,00025 25,001 to 33,00030 33,001 to 41,00040 41,001 to 50,00050 50,001 to 59,00060 59,001 to 70,00070 70,001 to 83,00080 83,001 to 96,00090 96,001 to 130,000100 130,001 to 220,000120 220,001 to 320,000150 320,001 to 450,000180 450,001 to 600,000210 600,001 to 780,000240 780,001 to 970,000270 970,001 to 1,230,000300 1,230,001 to 1,520,000330 1,520,001 to 1,850,000360 1,850,001 to 2,270,000390 2,270,001 to 3,020,000420 3,020,001 to 3,960,000450 3,960,001 or more480 (3) Supplies shall not reduce monitoring, except for noncommunity water supplies using only ground water, and not ground water under the direct influence of surface water, serving 1,000 or fewer people in some months and more than 1,000 persons in other months. In months when more than 1,000 persons are served, the supplies shall monitor at the frequency in subrule (2) of this rule. In months when 1,000 or fewer people are served, the department may reduce the monitoring frequency, in writing, to a frequency allowed under R 325.10704d for a similarly situated supply that always serves 1,000 or fewer people, considering the requirements of R 325.10704d(5) to (7).

**History**
- *History: 2015 AACS.*

##### **Mich. Admin. Code R 325.10704h** Total coliform; repeat monitoring; E. coli {#sec-r-325.10704h omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10704h}

Rule 704h. (1) Total coliform rules repeat monitoring requirements are all of the following:

(a) If a sample taken under R 325.10704d to R325.10704g is total coliform-positive, the supply shall collect a set of repeat samples within 24 hours of being notified of the positive result. The supply shall collect not fewer than 3 repeat samples for each total coliformpositive sample found. The department may extend the 24-hour limit on a case-by-case basis if the supply has a logistical problem in collecting the repeat samples within 24 hours that is beyond its control. In the case of an extension, the department shall specify how much time the system has to collect the repeat sample. The department shall not waive the requirement for a supply to collect repeat samples in this subdivision and subdivisions (b) to (c) of this subrule.

(b) The supply shall collect all repeat samples on the same day, except that the department may allow a supply with a single service connection to collect the required set of repeat samples over a 3-day period or to collect a larger volume repeat sample or samples in 1 or more sample containers of any size, as long as the total volume collected is at least 300 ml.

(c) The supply shall collect an additional set of repeat samples in the manner specified in subdivisions (a) and (b) and this subdivision of this subrule if 1 or more repeat samples in the current set of repeat samples is total coliform-positive. The supply shall collect the additional set of repeat samples within 24 hours of being notified of the positive result, unless the department extends the limit under subdivision (a) of this subrule. The supply shall continue to collect additional sets of repeat samples until either total coliforms are not detected in 1 complete set of repeat samples or the supply determines that a coliform treatment technique trigger specified in R 325.10704i(1) has been exceeded as a result of a repeat sample being total coliform-positive and notifies the department. If a trigger identified in R 325.10704i is exceeded as a result of a routine sample being total coliformpositive, the supply shall conduct 1 round of repeat monitoring, but is not required to conduct more than 1 round of repeat monitoring for each total coliform-positive routine sample.

(d) After a supply collects a routine sample and before it learns the results of the analysis of that sample, if it collects another routine sample or samples from within 5 adjacent service connections of the initial sample, and the initial sample, after analysis, is found to contain total coliforms, then the supply may count the subsequent sample or samples as a repeat sample instead of as a routine sample.

(e) Results of all routine and repeat samples taken under R 325.10704d to R 325.10704h not invalidated by the department shall be used to determine whether a coliform treatment technique trigger in R 325.10704i has been exceeded.

(2) Escherichia coli (E. coli) testing requirements are both of the following:

(a) If a routine or repeat sample is total coliform-positive, the supply shall analyze that total coliform-positive culture medium to determine if E. coli are present. If E. coli are present, the supply shall notify the department by the end of the day when the supply is notified of the test result, unless the supply is notified of the result after the department office is closed and the department does not have either an after-hours phone line or an alternative notification procedure, in which case the supply shall notify the department before the end of the next business day.

(b) The department may allow a supply, on a case-by-case basis, to forgo E. coli testing on a total coliform-positive sample if the supply assumes that the total coliform-positive sample is E. coli-positive. Accordingly, the supply shall notify the department under subdivision (a) of this subrule and the E. coli maximum contaminant level provisions of R 325.10602(1) apply.

**History**
- *History: 2015 AACS.*

##### **Mich. Admin. Code R 325.10704i** Total coliform; treatment technique triggers; assessments {#sec-r-325.10704i omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10704i}

Rule 704i. (1) Supplies shall conduct assessments under subrule (2) of this rule after exceeding treatment technique triggers in this subrule.

(a) Level 1 treatment technique triggers are all of the following:

(i) For supplies taking 40 or more samples per month, the supply exceeds 5.0% total coliform-positive samples for the month.

(ii) For supplies taking fewer than 40 samples per month, the supply has 2 or more total coliform-positive samples in the same month.

(iii) The supply fails to take every required repeat sample after a single total coliformpositive sample.

(b) Level 2 treatment technique triggers are all of the following:

(i) An E. coli MCL violation in R 325.10704j(1).

(ii) A second level 1 trigger as defined in subdivision (a) of this subrule, within a rolling 12-month period, unless the department has determined a likely reason that the samples that caused the first level 1 treatment technique trigger were total coliform-positive and has established that the supply has corrected the problem.

(iii) For supplies with approved annual monitoring, a level 1 trigger in 2 consecutive years.

(2) Assessment requirements are all of the following:

(a) Supplies shall ensure that level 1 and 2 assessments are conducted to identify the possible presence of sanitary defects and defects in distribution system coliform monitoring practices. Level 2 assessments shall be conducted by the department.

(b) When conducting assessments, supplies shall ensure that the assessor evaluates all of the following minimum elements:

(i) Review and identification of inadequacies in sample sites.

(ii) Sampling protocol.

(iii) Sample processing.

(iv) Atypical events that could affect distributed water quality or indicate that distributed water quality was impaired.

(v) Changes in distribution system maintenance and operation that could affect distributed water quality, including water storage.

(vi) Source and treatment considerations that bear on distributed water quality, where appropriate, for example, small ground water supplies.

(vii) Existing water quality monitoring data.

Note to subdivision (b) of this subrule: The supply shall conduct the assessment consistent with department directives that tailor specific assessment elements with respect to the size and type of the supply and the size, type, and characteristics of the distribution system.

(c) A supply shall conduct a level 1 assessment consistent with department requirements if the supply exceeds 1 of the level 1 treatment technique triggers in subrule (1)(a) of this rule. All of the following apply to level 1 assessments:

(i) The supply shall complete a level 1 assessment as soon as practical after a trigger in subrule (1)(a) of this rule. In the completed assessment form, the supply shall describe sanitary defects detected, corrective actions completed, and a proposed timetable for each corrective action not already completed. The assessment form may also note that no sanitary defects were identified. The supply shall submit the completed level 1 assessment form to the department within 30 days after the supply learns that it has exceeded a trigger.

(ii) If the department reviews the completed level 1 assessment and determines that the assessment is not sufficient, including the proposed timetable for each corrective action not already completed, the department shall consult with the supply. If the department requires revisions after consultation, the supply shall submit a revised assessment form to the department on an agreed-upon schedule not to exceed 30 days from the date of the consultation.

(iii) Upon completion and submission of the assessment form by the supply, the department shall determine if the supply has identified a likely cause for the level 1 trigger and, if so, establish that the supply has corrected the problem, or has included a schedule acceptable to the department for correcting the problem.

(d) A supply shall undergo a level 2 assessment if the supply exceeds 1 of the treatment technique triggers in subrule (1)(b) of this rule. The supply shall comply with any expedited actions or additional actions required by the department in the case of an E. coli MCL violation. The supply shall undergo a level 2 assessment by the department as soon as practical after a trigger in subrule (1)(b) of this rule. The assessment form shall describe sanitary defects detected, corrective actions completed, and a timetable for each corrective action not already completed. The assessment form may also note that no sanitary defects were identified. The department shall determine whether the likely cause for the Level 2 trigger has been identified and whether the supply has corrected the problem.

(3) Supplies shall correct sanitary defects found through either level 1 or 2 assessments conducted under subrule (2) of this rule. For corrections not completed by the time of submission of the assessment form, the supply shall complete the corrective action or actions in compliance with a timetable approved by the department in consultation with the supply. The supply shall notify the department when each scheduled corrective action is completed.

(4) At any time during the assessment or corrective action phase, either the water supply or the department may request a consultation with the other person to determine the appropriate actions to be taken. The supply may consult with the department on all relevant information that may impact on its ability to comply with a requirement of these total coliform rules R 325.10704a to R 325.10704k, including the method of accomplishment, an appropriate time frame, and other relevant information.

**History**
- *History: 2015 AACS.*

##### **Mich. Admin. Code R 325.10704j** Total coliform; violations {#sec-r-325.10704j omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10704j}

Rule 704j. (1) A supply is in violation of the MCL for E. coli when 1 or more of the following conditions occur:

(a) The supply has an E. coli-positive repeat sample following a total coliform-positive routine sample.

(b) The supply has a total coliform-positive repeat sample following an E. coli-positive routine sample.

(d) The supply fails to test for E. coli when a repeat sample tests positive for total coliform.

(2) Treatment technique violations are both of the following:

(a) A supply exceeds a treatment technique trigger in R 325.10704i(1) and then fails to conduct the required assessment or corrective actions within the time frame in R 325.10704i(2) and (3).

(b) A seasonal supply fails to complete a department-approved start-up procedure before serving water to the public.

(3) Monitoring violations are both of the following:

(a) Failure to take every required routine or additional routine sample in a compliance period.

(b) Failure to analyze for E. coli following a total coliform-positive routine sample.

(4) Reporting violations are all of the following:

(a) Failure to submit a monitoring report or completed assessment form after a supply properly conducts monitoring or assessment in a timely manner.

(b) Failure to notify the department following an E. coli-positive sample under R 325.10704h(2)(a) in a timely manner.

**History**
- *History: 2015 AACS.*

##### **Mich. Admin. Code R 325.10704k** Total coliform; reporting and recordkeeping {#sec-r-325.10704k omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10704k}

Rule 704k. (1) Reporting requirements for supplies subject to the total coliform rules in R 325.10704a are all of the following:

(a) E. coli reporting requirements are both of the following:

(i) A supply shall notify the department by the end of the day when the supply learns of an E. coli MCL violation, unless the supply learns of the violation after the department office is closed and the department does not have either an after-hours phone line or an alternative notification procedure, in which case the supply shall notify the department before the end of the next business day, and notify the public under R 325.10401a to R 325.10409.

(ii) A supply shall notify the department by the end of the day when the supply is notified of an E. coli-positive routine sample, unless the supply is notified of the result after the department office is closed and the department does not have either an after-hours phone line or an alternative notification procedure, in which case the supply shall notify the department before the end of the next business day.

(b) A supply that has violated the treatment technique for coliforms in R 325.10704i shall report the violation to the department no later than the end of the next business day after it learns of the violation, and notify the public under R 325.10401a to R 325.10409.

(c) A supply required to conduct an assessment under R 325.10704i shall submit the assessment report within 30 days. The supply shall notify the department under R 325.10704i(3) when each scheduled corrective action is completed for corrections not completed by the time of submission of the assessment form.

(d) A supply that has failed to comply with a coliform monitoring requirement shall report the monitoring violation to the department within 10 days after the supply discovers the violation, and notify the public under R 325.10401a to R 325.10409.

(e) A seasonal supply shall submit a certification to the department, before serving water to the public, that it has completed the department-approved start-up procedures.

(2) A supply shall maintain records under R 325.11510.

**History**
- *History: 2015 AACS.*

##### **Mich. Admin. Code R 325.10705** Collection and analysis of samples for coliform bacteria; community water systems {#sec-r-325.10705 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10705}

Rule 705. (1) A supplier of water of a community water system shall collect samples of water to be analyzed for the presence of coliform bacteria at sites which are representative of water throughout the distribution system according to a written sample siting plan that is subject to department review and revision.

(2) The monitoring frequency for total coliforms for a community water system is based on the population served by the system as set forth in table 1 of this rule:

Table 1 Total Coliform Monitoring Frequency for Community Water Supplies Population Served Minimum Number of SamplesPer Month 25 to 1,000 *1 1,001 to 2,5002 2,501 to 3,3003 3,301 to 4,1004 4,101 to 4,9005 4,901 to 5,8006 5,801 to 6,7007 6,701 to 7,600 8 7,601 to 8,5009 8,501 to 12,90010 12,901 to 17,20015 17,201 to 21,50020 21,501 to 25,00025 25,001 to 33,00030 33,001 to 41,00040 41,001 to 50,00050 50,001 to 59,00060 59,001 to 70,00070 70,001 to 83,00080 83,001 to 96,00090 96,001 to 130,000100 130,001 to 220,000 120 220,001 to 320,000150 320,001 to 450,000 180 450,001 to 600,000210 600,001 to 780,000 240 780,001 to 970,000270 970,001 to 1,230,000300 1,230,001 to 1,520,000330 1,520,001 to 1,850,000 360 1,850,001 to 2,270,000390 2,270,001 to 3,020,000420 3,020,001 to 3,960,000450 3,960,001 or more480 * Includes public water supplies which have not less than 15 service connections, but which serve fewer than 25 persons.

(3) If a community water system that serves 25 to 1,000 persons does not have a history of total coliform contamination in its current configuration and a sanitary survey conducted in the past 5 years shows that the system is supplied solely by a protected groundwater source and is free of sanitary defects, the department may reduce the monitoring frequency specified in table 1 of this rule, except that the department shall not reduce the monitoring frequency to less than 1 sample per quarter. To be valid, the reduced monitoring frequency shall be approved, in writing, by the department.

(4) Suppliers of water for all community water systems and noncommunity water systems shall collect samples at regular time intervals throughout the monitoring period, except for those groundwater supplies which serve fewer than 4,901 persons and which are not influenced by surface water. Groundwater suppliers that serve fewer than 4,901 persons may collect all required samples on a single day if the samples are taken from different sites.

**History**
- *History: 1979 AC; 1991 AACS; 1993 AACS; 2002 AACS.*

##### **Mich. Admin. Code R 325.10706** Collection and analysis of samples for coliform bacteria; noncommunity water system {#sec-r-325.10706 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10706}

Rule 706. (1) A supplier of a noncommunity water system shall collect samples for total coliform analysis at sites representative of the water throughout the distribution system according to a written sample siting plan that is subject to department review and revision.

(2) A supplier of a noncommunity water system shall monitor as follows:

(a) A supplier of a noncommunity water system serving more than 1,000 people shall monitor at the same frequency as a like-sized community water system as specified in table 1 of R 325.10705.

(b) A supplier of a noncommunity water system for which complete treatment is required under R 325.10611(1) shall monitor at the same frequency as a like-sized community water system as specified in table 1 of R 325.10705.

(c) A supplier of a system using only groundwater not under the direct influence of surface water and serving fewer than 1,001 people shall monitor each calendar quarter that the system provides water to the public.

(3) The department, based on a satisfactory sanitary survey of a noncommunity water system serving fewer than 1,001 people with a protected groundwater source, may vary the frequency of sampling. However, the frequency shall be at least once per year. The decision to reduce the monitoring frequency shall be in writing.

**History**
- *History: 1979 AC; 1989 AACS; 1991 AACS; 1993 AACS; 2003 AACS.*

##### **Mich. Admin. Code R 325.10707** Repeat monitoring for coliform bacteria {#sec-r-325.10707 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10707}

Rule 707. (1) If a routine sample is total coliform-positive, a supplier of water shall collect a set of repeat samples within 24 hours of being notified of the positive result. If a supplier of water is required to collect more than 1 routine sample per month, the supplier shall collect not less than 3 repeat samples for each total coliform-positive sample found. If a supplier of water is required to collect not more than 1 routine sample per month, the supplier shall collect not less than 4 repeat samples for each total coliform-positive sample found. The department may extend for a specified time the 24-hour limit on a case-bycase basis if the system has a logistical problem beyond its control in collecting the repeat samples within 24 hours. The requirements for a supplier of water to collect repeat samples shall not be waived.

(2) A supplier of water shall collect at least 1 repeat sample from the sampling tap where the original total coliform-positive sample was taken and at least 1 repeat sample at a tap within 5 service connections upstream and at least 1 repeat sample at a tap within 5 service connections downstream of the original sampling site.

(3) If a supplier of water collects a routine sample from within 5 adjacent service connections of a previous coliform-positive sample before being notified of this result, the most recent sample may be considered a repeat sample instead of a routine sample.

(4) A supplier of water shall collect all repeat samples on the same day, except that for a water supply with a single-service connection, a supplier of water may collect the required repeat samples once a day over a 4-day period or collect a large volume repeat sample or samples in 1 or more sample containers of any size if the total volume collected is not less than 400 milliliters or not less than 300 milliliters for suppliers of systems who collect more than 1 routine sample per month.

(5) If 1 or more repeat samples in the set is total coliform-positive, the public water supplier shall collect an additional set of repeat samples, as set forth in this subrule and subrules (1), (2), and (4) of this rule, and the owner of the public water supply shall notify the department not later than 24 hours or the next business day after learning of the results. The additional samples shall be collected within 24 hours of notification of the positive result, unless the department extends the limit as provided in subrule (1) of this rule. A supplier of water shall repeat this process until either total coliforms are not detected in 1 complete set of repeat samples or the supplier of water determines that the MCL for total coliforms has been exceeded and notifies the department.

(6) When it is determined that an MCL violation for coliform bacteria has occurred, a supplier of water shall do all of the following:

(a) Initiate an investigation to determine the extent of the problem, which may include the collection of additional samples.

(b) Initiate precautionary measures and appropriate corrective actions as required by the department until it is determined by the department that the problem has been resolved.

(c) Conduct additional sampling at a frequency approved by the department until such time that it is determined the problem has been resolved.

(7) If a supplier of water who collects less than 5 routine samples per month has 1 or more total coliform-positive samples and the department does not invalidate the sample or samples pursuant to the provisions of R 325.10707a, the supplier shall collect not less than 5 routine samples during the next month that the supply provides water to the public.

(8) The department may waive the requirement to collect 5 routine samples during the next month that the supplier provides water to the public if the department performs a site visit before the end of the next month that the supplier provides water to the public. The site visit shall be sufficiently detailed to allow the department to determine whether additional monitoring or corrective action, or both, is needed. An employee of the supplier is not eligible to perform this site visit.

(9) The department may waive the requirement to collect 5 routine samples during the next month that the supplier provides water to the public if the department has determined why the sample was total coliform-positive and establishes that the supplier of water has corrected the problem or will correct the problem before the end of the next month that the supplier provides water to the public. The department's decision to waive the following month's additional monitoring requirement shall be in writing and shall be available to the EPA and the public. The requirement to collect 5 routine samples during the next month that the supplier provides water to the public shall not be waived solely because all repeat samples are total coliform-negative. A supplier of water shall collect and have analyzed at least 1 routine sample before the end of the next month the supplier serves water to the public and use it to determine compliance with the MCL for total coliform, unless the department has determined that the supplier of water has corrected the contamination problem before the supplier of water took the set of repeat samples and all repeat samples were total coliform-negative.

**History**
- *History: 1979 AC; 1991 AACS.*

##### **Mich. Admin. Code R 325.10707a** Invalidation of total coliform samples {#sec-r-325.10707a omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10707a}

Rule 707a. (1) A total coliform sample result may be invalidated by the department in 1 or more of the following instances:

(a) A laboratory determines that analytical results are invalid due to any of the following situations:

(i) In the absence of gas, any turbid culture in the mtf or p-a techniques.

(ii) Confluent growth.

(iii) Any sample that is inoculated 30 hours or more after it was collected.

(iv) Improper sample analysis caused a total coliform positive result. If a sample is invalidated under this subdivision, the water supply shall collect another sample from the same location as the original sample within 24 hours of being notified until a valid result is obtained. The department may waive the 24-hour time limit on a case-by-case basis.

(b) The department, on the basis of the results of repeat samples, determines that the total coliform positive sample result, which is from a sample tap that is approved in the sample siting plan, is isolated to that specific sample location. An invalidation under this subrule may occur only if the repeat samples from the same sampling location are total coliform positive and all other repeat samples are total coliform negative.

(c) Substantial evidence suggests that a total coliform positive result is due to use of an unapproved sample location or documented gross deviation from accepted sample collection procedures that clearly could be expected to contaminate the sample itself and the result does not reflect water quality in the distribution system. The water supply shall still collect all required repeat samples from approved sites on the sample siting plan.

(2) The decision to invalidate a total coliform positive sample shall be in writing and available to EPA and the public.

(3) A total coliform positive sample shall not be invalidated solely because all repeat samples are total coliform negative.

**History**
- *History: 1991 AACS; 1993 AACS; 1998 AACS; 2009 AACS.*

##### **Mich. Admin. Code R 325.10707b** General notification requirements for total coliform and fecal coliform/Escherichia coli (E. coli) {#sec-r-325.10707b omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10707b}

Rule 707b. (1) Except as noted in this rule, a supplier of a public water system shall report to the department the results of the analyses as required in R 325.10734(1).

(2) A supplier that has failed to comply with a coliform monitoring requirement, including the sanitary survey requirement, shall report the monitoring violation to the department within 10 days after the system discovers the violation.

(3) A supplier of a public water system that exceeded the MCL for total coliform under R 325.10602 shall report the violation to the department not later than the end of the next business day after the supplier learns of the violation.

(4) If fecal coliform or E. coli are determined to be present in any routine or repeat sample, the supplier shall notify the department by the end of the day that the supplier is notified of the test result, unless the supplier is notified of the result after the department office is closed, in which case the supplier shall notify the department before the end of the next business day.

**History**
- *History: 1991 AACS; 2003 AACS.*

##### **Mich. Admin. Code R 325.10708** Collection of additional samples {#sec-r-325.10708 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10708}

Rule 708. (1) A single sample shall not be attributed to more than 1 monitoring period.

(2) If a sample that is needed to meet monitoring requirements is invalidated under these rules, and the public water supply does not learn of the invalidation until after the monitoring period has ended, and the supply collects a valid sample when they learn of the invalidation, then the valid sample may be used to determine compliance with these rules for the monitoring period that has ended.

(3) If the department collects a sample for the purpose of enforcement when a public water supply is delinquent in meeting a monitoring requirement, then the sample collected after the monitoring period has ended may be used to determine compliance with these rules for the monitoring period that has ended.

**History**
- *History: 1979 AC; 1991 AACS; 2009 AACS; 2015 AACS.*

##### **Mich. Admin. Code R 325.10709** Special purpose and invalidated samples {#sec-r-325.10709 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10709}

Rule 709. Special purpose samples, such as those taken following water main placement, replacement or repair, and samples invalidated pursuant to the provisions of R 325.10707a shall not be used to determine compliance with the provisions of R 325.10705 and R 325.10706.

**History**
- *History: 1979 AC; 1991 AACS; 1998 AACS.*

##### **Mich. Admin. Code R 325.10710** Collection and analysis of samples for inorganic chemicals {#sec-r-325.10710 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10710}

Rule 710. (1) Suppliers of water of community and noncommunity water systems shall collect water samples and cause analyses to be made for inorganic chemicals to determine compliance with the state drinking water standards in R 325.10604c. Suppliers shall monitor at the time designated by the department during each compliance period.

(2) The department may require samples to be collected and analyzed at a prescribed frequency for inorganic chemicals for type III public water supplies.

(3) Beginning in the initial compliance period, suppliers of community and nontransient, noncommunity water systems shall monitor under this rule to determine compliance with the MCLs for inorganic contaminants in R 325.10604c. Beginning in the initial compliance period, suppliers of transient, noncommunity water systems shall monitor under this rule to determine compliance with the nitrate, nitrite, and total nitrate and nitrite MCLs in R 325.10604c.

(4) Suppliers shall monitor in the following manner:

(a) Suppliers of groundwater systems shall take at least 1 sample at every entry point to the distribution system representative of each well after treatment, also known as sampling point. The supplier shall take each sample at the same sampling point unless conditions make another sampling point more representative of each source or treatment plant.

(b) Suppliers of surface water systems, or combined surface water and groundwater systems, shall take at least 1 sample at every entry point to the distribution system after the application of treatment or in the distribution system at a sampling point that is representative of each source after treatment, also known as sampling point. The supplier shall take each sample at the same sampling point unless conditions make another sampling point more representative of each source or treatment plant.

(c) If a system draws water from more than 1 source and the sources are combined before distribution, then the supplier shall sample at an entry point to the distribution system during periods when water is representative of all sources being used.

(d) The total number of samples that shall be analyzed to meet the requirements of this rule may be reduced by the department when compositing of samples is utilized. Provisions for compositing of samples are as follows:

(i) Composite samples from a maximum of 5 sampling points are allowed.

(ii) Compositing of samples shall be done in the laboratory.

(iii) If the concentration in the composite sample is greater than or equal to 1/5 of the MCL of any inorganic chemical, then a follow-up sample shall be collected within 14 days from each sampling point included in the composite. These samples shall be analyzed for the contaminants that exceeded 1/5 of the MCL in the composite sample.

(iv) Compositing shall only be performed using samples from within a single water system.

(v) If duplicates of the original sample taken from each sampling point used in the composite are available, then the supplier may use these instead of resampling. The duplicates shall be analyzed and the results reported to the department within 14 days after completing analysis of the composite sample if the holding time of the sample is not exceeded.

(5) The monitoring frequency conducted to determine compliance with the MCLs in R 325.10604c for antimony, arsenic, barium, beryllium, cadmium, chromium, cyanide, fluoride, mercury, nickel, selenium, and thallium shall be as follows:

(a) Suppliers of groundwater systems shall take 1 sample at each sampling point during each compliance period. Suppliers of surface water systems, or combined surface water and groundwater systems, shall take 1 sample annually at each sampling point.

(b) A supplier may apply to the department for a waiver from the monitoring frequencies specified in subdivision (a) of this subrule. The department may grant a waiver for monitoring cyanide if the department determines the system is not vulnerable due to the lack of any industrial source of cyanide. Waiver provisions are as follows:

(i) A supplier shall take at least 1 sample while the waiver is effective.

(ii) The term during which a waiver is effective shall not be more than 1 compliance cycle.

(iii) A waiver may be granted if a surface water supplier has monitored annually for not less than 3 years or a groundwater supplier has conducted not less than 3 rounds of monitoring. At least 1 sample shall have been taken since January 1, 1990. Both surface and groundwater suppliers shall demonstrate that all previous analytical results were less than the MCL. Supplies that use a new water source are not eligible for a waiver until 3 rounds of monitoring from the new source have been completed.

(iv) The department shall consider all of the following factors to determine the appropriate reduced monitoring frequency:

(A) Reported concentrations from all previous monitoring.

(B) The degree of variation in reported concentrations.

(1) Groundwater pumping rates.

(2) The system's configuration.

(3) The system's operating procedures.

(4) Stream flows or characteristics.

(v) A waiver shall be in writing and shall set forth the basis for the determination. The determination may be initiated by the department or upon an application by the public water supplier specifying the basis for its request. The department may revise the determination based on new data.

(c) Suppliers of systems exceeding the MCLs in R 325.10604c shall monitor quarterly beginning in the next quarter after the violation occurred. The department may decrease the quarterly monitoring requirement to the frequencies specified in subdivisions (a) and (b) of this subrule if it has determined that the system is reliably and consistently below the MCL. A groundwater supplier shall take not fewer than 2 quarterly samples and a surface water supplier shall take not fewer than 4 quarterly samples before the department's determination.

(d) All new supplies or supplies that use a new source of water shall demonstrate compliance with the MCLs before serving water to the public except as otherwise required in this subdivision. The supply shall also comply with the initial sampling frequencies specified by the department to ensure a system can demonstrate compliance with the MCLs. Before January 23, 2006, new nontransient noncommunity water supplies or supplies that use a new source of water that exceed the arsenic MCL of 0.010 mg/l may use the source only if the supply complies with a consent agreement with the department stipulating a plan and schedule satisfactory to the department to meet the MCL.

(6) The following monitoring frequency shall be conducted to determine compliance with the MCL in R 325.10604c for asbestos:

(a) Suppliers of each community and nontransient, noncommunity water system shall monitor for asbestos during the first 3-year compliance period of each 9-year compliance cycle.

(b) If the supplier believes its water is not vulnerable to either asbestos contamination in its source water or asbestos contamination due to corrosion of asbestos-cement pipe, or both, then it may apply to the department for a waiver of the monitoring requirement in subdivision (a) of this subrule. If the department grants the waiver, then the supplier is not required to monitor. A waiver remains in effect until the completion of the 3-year compliance period. The department may grant a waiver based on a consideration of both of the following factors:

(i) Potential asbestos contamination of the water source.

(ii) The use of asbestos-cement pipe for finished water distribution and the corrosive nature of the water.

(c) A supplier of a system vulnerable to asbestos contamination due solely to the corrosion of asbestos-cement pipe shall take 1 sample at a tap served by asbestos-cement pipe and under conditions where asbestos contamination is most likely to occur.

(d) A supplier of a system vulnerable to asbestos contamination due solely to source water shall monitor under subrule (4) of this rule.

(e) A supplier of a system vulnerable to asbestos contamination due both to its source water supply and corrosion of asbestos-cement pipe shall take 1 sample at a tap served by asbestos-cement pipe and under conditions where asbestos contamination is most likely to occur.

(f) A supplier of a system exceeding the MCLs in R 325.10604c shall monitor quarterly beginning in the next quarter after a violation occurred.

(g) The quarterly monitoring requirement may be decreased by the department to the frequency specified in subdivision (a) of this subrule if the department determines that the system is reliably and consistently below the MCL. A groundwater supplier shall take a minimum of 2 quarterly samples and a surface water or combined surface water and groundwater supplier shall take not fewer than 4 quarterly samples before this determination.

(h) If monitoring data collected after January 1, 1990, are generally consistent with the requirements of this subrule, then that data may be used to satisfy the monitoring requirement for the initial compliance period.

(7) The monitoring frequency conducted to determine compliance with the MCLs in R 325.10604c for nitrate shall be as follows:

(a) Community water systems and nontransient, noncommunity water systems served by groundwater systems shall be monitored annually. Systems served by surface water shall be monitored quarterly.

(b) For community and nontransient, noncommunity water systems, the repeat monitoring frequency for groundwater systems shall be quarterly for at least 1 year following any 1 sample in which the concentration is 50% or more of the MCL. The sampling frequency for groundwater systems may be reduced by the department to annually after 4 consecutive quarterly samples are reliably and consistently less than the MCL.

(c) For community and nontransient, noncommunity water systems, the department may allow a surface water supplier to reduce the sampling frequency to annually if all analytical results from 4 consecutive quarters are less than 50% of the MCL. A surface water supplier shall return to quarterly monitoring if any 1 sample is 50% or more of the MCL.

(d) Suppliers of transient, noncommunity water systems shall monitor annually.

(e) After the initial round of quarterly sampling is completed, suppliers of community and nontransient, noncommunity water systems that are monitored annually shall take subsequent samples during the quarter or quarters which previously resulted in the highest analytical result.

(8) The monitoring frequency conducted to determine compliance with the MCLs in R 325.10604c for nitrite shall be as follows:

(a) A supplier of a community water system or a noncommunity water system shall take 1 sample at each sampling point during each compliance period.

(b) After the initial sample, suppliers of systems where an analytical result for nitrite is less than 50% of the MCL shall monitor at the frequency specified by the department.

(c) The repeat monitoring frequency for a system shall be quarterly for at least 1 year following any 1 sample in which the concentration is 50% or more of the MCL. The department may allow a supplier to reduce the sampling frequency to annually after determining the system is reliably and consistently less than the MCL.

(d) Suppliers monitoring annually shall take each subsequent sample during the quarter or quarters that previously resulted in the highest analytical result.

(9) Confirmation samples are required as follows:

(a) Where the results of sampling for any of the following indicate a level that is more than the MCL, the department may require the supply to collect 1 additional sample as soon as possible after the initial sample was taken, but not more than 2 weeks later, at the same sampling point and have it analyzed for the contaminant that was above the MCL:

(i) Antimony.

(ii) Arsenic.

(iii) Asbestos.

(iv)Barium.

(v) Beryllium.

(vi) Cadmium.

(vii) Chromium.

(viii)Cyanide.

(ix) Fluoride.

(x) Mercury.

(xi) Nickel.

(xii) Selenium.

(xiii) Thallium.

(b) Where nitrate or nitrite sampling results indicate a level that is more than the MCL, the supplier shall take a confirmation sample within 24 hours of the supplier's receipt of notification of the analytical results of the first sample. Suppliers that are unable to comply with the 24-hour sampling requirement shall immediately notify the persons served by the area served by the public water system under part 4 of these rules and shall analyze a confirmation sample within 2 weeks of notification of the analytical results of the first sample.

(c) If a confirmation sample required by the department is taken for any contaminant, then the results of the initial and confirmation sample shall be averaged. The resulting average shall be used to determine the system's compliance under R 325.10604c(2). Results of obvious sampling errors may be deleted by the department.

(10) The department may require more frequent monitoring than specified in this rule or may require confirmation samples for positive or negative results.

(11) Suppliers may apply to the department to conduct more frequent monitoring than the minimum monitoring frequencies specified in this rule.

**History**
- *History: 1979 AC; 1993 AACS; 1994 AACS; 1998 AACS; 2002 AACS; 2005 AACS.*

##### **Mich. Admin. Code R 325.10710a** Lead and copper in tap water; monitoring requirements {#sec-r-325.10710a omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10710a}

Rule 710a. (1) Sample site location provisions for lead and copper monitoring in tap water of community and nontransient noncommunity water supplies are as follows:

(a) By the applicable date for the commencement of monitoring under subrule (4)(a) of this rule, each water supply shall complete a materials evaluation of its distribution system to identify a pool of targeted sampling sites that is in compliance with the requirements of this rule. The water supply shall also use the results of its distribution system materials inventory required under R 325.11604(c) to update the sampling pool as necessary. All sites from which samples are collected shall be selected from the pool of targeted sampling sites. Sampling sites shall not include faucets that have point of use or point of entry treatment devices designed to remove inorganic contaminants. By January 1, 2020, and in a form and manner specified by the department, a supply shall submit to the department a lead and copper tap sampling pool as follows:

(i) The sampling pool shall, at a minimum, identify sufficient sites to ensure the water supply can collect the number of tap samples required for standard monitoring under subrule (3) of this rule.

(ii) The sampling pool shall identify the location of the sites and describe how each site meets selection criteria in this subrule.

(iii) A water supply may update its sampling pool as necessary to ensure the pool contains high risk sites meeting tier criteria. A supply shall submit updates to the department. Updates shall identify any site removed from the sampling pool and why the site was removed. The sampling pool shall identify the location of any site added to the pool and describe how the site meets selection criteria.

(b) A water supply shall use the information on lead, copper, and galvanized steel that it is required to collect under 40 C.F.R. §141.42(d), (Special Monitoring for Corrosivity Characteristics) when conducting a materials evaluation. When an evaluation of the information collected under 40 C.F.R. §141.42(d), is insufficient to locate the requisite number of lead and copper sampling sites that are in compliance with the targeting criteria in this subrule, the water supply shall review the sources of information listed in paragraphs (i) to (iii) of this subdivision to identify a sufficient number of sampling sites. The provisions of 40 C.F.R. §141.42(d) are adopted by reference in R 325.10112. In addition, the supply shall collect all of the following information, where possible, in the course of its normal operations, for example, checking service line materials when reading water meters or performing maintenance activities:

(i) All plumbing codes, permits, and records in the files of the building department or departments that indicate the plumbing materials installed within publicly and privately owned structures connected to the distribution system.

(ii) All inspections and records of the distribution system that indicate the material composition of the service connections connecting a structure to the distribution system.

(iii) All existing water quality information, which includes the results of all prior analyses of the system or individual structures connected to the system, that indicates locations which may be particularly susceptible to high lead or copper concentrations.

(c) The sampling sites selected for a community water supply's sampling pool (tier 1 sampling sites) shall consist of single family structures to which either or both of the following provisions apply, giving priority to sites with higher potential risk for lead exposure:

(i) The structures contain lead pipes.

(ii) The structures are served by a lead service line. When multiple family residences comprise not less than 20% of the structures served by a water supply, the supply may include these types of structures in its sampling pool.

(d) A community water supply that has insufficient tier 1 sampling sites shall complete its sampling pool with tier 2 sampling sites, that consist of buildings, including multiple family residences to which either or both of the following provisions apply, giving priority to sites with higher potential risk for lead exposure:

(i) The structures contain lead pipes.

(ii) The structures are served by a lead service line.

(e) A community water supply that has insufficient tier 1 and tier 2 sampling sites shall complete its sampling pool with tier 3 sampling sites, that consist of single family structures containing copper pipes soldered with lead and installed before July 1988. A community water supply with insufficient tier 1, tier 2, and tier 3 sampling sites shall complete its sampling pool with representative sites throughout the distribution system. For purposes of this subrule, a representative site is a site in which the plumbing materials used at that site would be commonly found at other sites served by the system.

(f) The sampling sites selected for a nontransient, noncommunity water supply (tier 1 sampling sites) shall consist of buildings to which either or both of the following provisions apply, giving priority to sites with higher potential risk for lead exposure:

(i) The structures contain lead pipes.

(ii) The structures are served by a lead service line.

(g) A nontransient, noncommunity water supply that has insufficient tier 1 sites shall complete its sampling pool with sampling sites containing copper pipes soldered with lead and installed before July 1988. If additional sites are needed to complete the sampling pool, the nontransient noncommunity water supply shall use representative sites throughout the distribution system. For purposes of this subrule, a representative site is a site in which the plumbing materials used at that site would be commonly found at other sites served by the system.

(2) Sample collection methods provisions for lead and copper monitoring in tap water are as follows:

(a) Sample collection methods at sites without lead service lines are as follows:

(i) All tap samples for lead and copper collected in compliance with this subrule, with the exception of samples collected under subdivision (d) of this subrule, shall be first draw samples. Sites shall not have undergone systematic flushing and the tap aerator shall not have been removed or cleaned in anticipation of sampling efforts conducted under this subrule.

(ii) Each first draw tap sample for lead and copper shall be collected in a wide-mouth bottle 1 liter in volume and have stood motionless in the plumbing system of each sampling site for not less than 6 hours. First draw samples from residential housing shall be collected from the cold water kitchen tap or bathroom sink tap. First draw samples from a nonresidential building shall be collected in a wide-mouth bottle 1 liter in volume and shall be collected at an interior tap from which water is typically drawn for consumption. Nonfirst draw samples collected instead of first draw samples under subdivision (d) of this subrule shall be collected in a wide-mouth bottle 1 liter in volume and shall be collected at an interior tap from which water is typically drawn for consumption. First draw samples may be collected by the supply or the supply may allow residents to collect first draw samples after instructing the residents about the sampling procedures specified in this subdivision. To avoid problems of residents handling nitric acid, acidification of first draw samples may be done up to 14 days after the sample is collected. After acidification to resolubilize the metals, the sample shall stand in the original container for the time specified in the approved EPA method before the sample can be analyzed. If a supply allows residents to perform sampling, the supply shall not challenge the accuracy of the sampling results based on alleged errors in sample collection.

(b) Sample collection methods at sites served by lead service lines are as follows:

(i) All tap samples for lead and copper collected in compliance with this subrule shall consist of a first draw sample followed by a second sample collected at the same tap as follows:

(A) Samples from residential housing shall be collected from the cold water kitchen tap or bathroom sink tap. Samples from a nonresidential building shall be collected at an interior tap from which water is typically drawn for consumption. Sites shall not have undergone systematic flushing and the tap aerator shall not have been removed or cleaned in anticipation of sampling efforts conducted under this subrule.

(B) Each first draw tap sample for lead and copper shall be collected in a wide-mouth bottle 1 liter in volume and have stood motionless in the plumbing system of each sampling site for not less than 6 hours.

(C) Following the first draw 1 liter sample, a second sample shall be collected immediately after 3 more liters of water have been drawn through the tap. The second sample shall be collected in a wide-mouth bottle 1 liter in volume.

(ii) Samples may be collected by the supply or the supply may allow residents to collect samples after instructing the residents about the sampling procedures specified in this subdivision. To avoid problems of residents handling nitric acid, acidification of samples may be done up to 14 days after the sample is collected. After acidification to resolubilize the metals, the sample shall stand in the original container for the time specified in the approved EPA method before the sample can be analyzed. If a supply allows residents to perform sampling, the supply shall not challenge the accuracy of the sampling results based on alleged errors in sample collection.

(c) A water supply shall collect each tap sample from the same sampling site from which it collected a previous sample. If, for any reason, the water supply cannot gain entry to a sampling site to collect a tap sample, the supply may collect the tap sample from another sampling site in its sampling pool.

(d) A nontransient noncommunity water supply, or a community water supply that meets the criteria of R 325.10410(3)(g), that does not have enough taps that can supply first draw samples, as defined in R 325.10105, may apply to the department, in writing, to substitute non-first draw samples. The supply shall collect as many first draw samples from appropriate taps as possible and identify sampling times and locations that would likely result in the longest standing time for the remaining sites. The department has the discretion to waive the requirement for prior department approval of non-first draw sample sites selected by the supply, either through department regulation or written notification to the supply.

(3) Water supplies shall collect at least 1 sample, or 2 samples if subject to subrule (2)(b) of this rule, during each monitoring period specified in subrule (4) of this rule from the number of sites listed in the standard monitoring column under this subrule. A supply that conducts reduced monitoring under subrule (4)(d) of this rule shall collect at least 1 sample, or 2 samples if subject to subrule (2)(b) of this rule, from the number of sites specified in the reduced monitoring column under this subrule during each monitoring period specified in subrule (4)(d) of this rule. The reduced monitoring sites shall be representative of the sites required for standard monitoring. A public water supply that has fewer than 5 drinking water taps, that can be used for human consumption meeting the sample site criteria of subrule (1) of this rule to reach the required number of sample sites listed in this subrule, shall collect at least 1 sample from each tap and then shall collect additional samples from those taps on different days during the monitoring period to meet the required number of sites. Alternatively, the department may allow these public water supplies to collect a number of samples less than the number of sites specified in this rule, provided that 100% of all taps that can be used for human consumption are sampled. The department shall approve this reduction of the minimum number of samples in writing based on a request from the supply or onsite verification by the department. The department may specify sampling locations when a water supply is conducting reduced monitoring.

Supply Size (Number of People Served)

Number of Sites (Standard Monitoring)

Number of Sites (Reduced Monitoring)

More than 100,00010050 10,001 to 100,0006030 3,301 to 10,0004020 501 to 3,3002010 101 to 500105 Fewer than 10155 (4) Provisions for the timing of monitoring for lead and copper in tap water are as follows:

(a) The first 6-month monitoring period for small, medium size, and large water supplies shall begin on the following dates:

Supply Size (Number of People Served)

First 6-Month Monitoring Period Begins On More than 50,000January 1, 1992 3,301 to 50,000July 1, 1992 Fewer than 3,301July 1, 1993 All large water supplies shall be monitored during 2 consecutive 6-month periods. All small and medium size water supplies shall be monitored during each 6-month monitoring period until either of the following occurs:

(i) The supply exceeds the lead or copper action level and is therefore required to implement the corrosion control treatment under R 325.10604f(2), in which case the supply shall continue monitoring under subdivision (b) of this subrule.

(ii) The supply is in compliance with the lead and copper action levels during 2 consecutive 6-month monitoring periods, in which case the supply may reduce monitoring under subdivision (d) of this subrule.

(b) Monitoring provisions after the installation of corrosion control and source water treatment are as follows:

(i) A large water supply that installs optimal corrosion control treatment under R 325.10604f(2)(d)(iii) shall monitor during 2 consecutive 6-month monitoring periods by the date specified in R 325.10604f(2)(d)(iv).

(ii) A small or medium size water supply that installs optimal corrosion control treatment under R 325.10604f(2)(e)(iv) shall monitor during 2 consecutive 6-month monitoring periods by the date specified in R 325.10604f(2)(e)(v).

(iii) A supply that installs source water treatment under R 325.10604f(4)(a)(ii) shall monitor during 2 consecutive 6-month monitoring periods by the date specified in R 325.10604f(4)(a)(iii).

(c) After the department specifies the values for water quality control parameters, the supply shall monitor during each subsequent 6-month monitoring period, with the first monitoring period to begin on the date the department specifies the optimal values.

(d) Reduced monitoring provisions are as follows:

(i) A small or medium size water supply that is in compliance with the lead and copper action levels during each of 2 consecutive 6-month monitoring periods may reduce the number of samples under subrule (3) of this rule and may reduce the frequency of sampling to once each year. A small or medium size water supply collecting fewer than 5 samples as specified in subrule (3) of this rule, that meets the lead and copper action levels during each of 2 consecutive 6-month monitoring periods may reduce the frequency of sampling to once per year. In no case can the supply reduce the number of samples required below the minimum of 1 sample per available tap. This sampling shall begin during the calendar year immediately following the end of the second consecutive 6-month monitoring period.

(ii) A water supply that meets the lead and copper action levels and maintains the range of values for the water quality control parameters reflecting optimal corrosion control treatment specified by the department under R 325.10604f(3)(f) during each of 2 consecutive 6-month monitoring periods may reduce the frequency of monitoring to once each year and reduce the number of lead and copper samples under subrule (3) of this rule if it receives written approval from the department. This sampling shall begin during the calendar year immediately following the end of the second consecutive 6-month monitoring period. The department shall review monitoring, treatment, and other relevant information submitted by the water supply under R 325.10710d, and shall notify the supply in writing when it determines the supply is eligible to commence reduced monitoring under this subrule. The department shall review, and where appropriate, revise its determination when the supply submits new monitoring or treatment data, or when other data relevant to the number and frequency of tap sampling becomes available.

(iii) A small or medium size water supply without optimal corrosion control treatment installed and that is in compliance with the lead and copper action levels during 3 consecutive years of monitoring may reduce the frequency of monitoring for lead and copper from annually to once every 3 years. A small or medium size water supply without optimal corrosion control treatment installed and collecting fewer than 5 samples as specified in subrule (3) of this rule, that meets the lead and copper action levels during 3 consecutive years of monitoring may reduce the frequency of sampling to once every 3 years. A water supply with optimal corrosion control treatment installed may reduce the frequency of monitoring for lead and copper at the tap from annually to once every 3 years if the range of values for the water quality control parameters reflecting optimal corrosion control treatment specified by the department under R 325.10604f(3)(f) are maintained during 3 consecutive years of monitoring and either of the following apply: the water supply has no lead service lines or the lead ninetieth percentile computed under R 325.10604f(1)(c) is less than or equal to 0.005 mg/l and the copper ninetieth percentile computed under R 325.10604f(1)(c) is less than or equal to 0.65 mg/l for 3 consecutive years of monitoring. Samples collected once every 3 years shall be collected not later than every third calendar year. The department shall review monitoring, treatment, and other relevant information submitted by the supply under R 325.10710d, and shall notify the supply in writing when it determines the supply is eligible to reduce the frequency of monitoring to once every 3 years. The department shall review, and where appropriate, revise its determination when the supply submits new monitoring or treatment data, or when other data relevant to the number and frequency of tap sampling becomes available.

(iv) A water supply that reduces the number and frequency of sampling shall collect these samples from representative sites included in the pool of targeted sampling sites identified in subrule (1) of this rule. A water supply that samples annually or less frequently shall conduct the lead and copper tap sampling during the month of June, July, August, or September unless the department has approved a different sampling period under subparagraph (A) of this paragraph, as follows:

(A) The department, at its discretion, may approve a different period for conducting the lead and copper tap sampling for supplies collecting a reduced number of samples. The period shall be not longer than 4 consecutive months and shall represent a time of normal operation where the highest levels of lead are most likely to occur. For a nontransient noncommunity water supply that does not operate during the months of June through September, and for which the period of normal operation where the highest levels of lead are most likely to occur is not known, the department shall designate a period that represents a time of normal operation for the water supply. This sampling shall begin during the period approved or designated by the department in the calendar year immediately following the end of the second consecutive 6-month monitoring period for supplies initiating annual monitoring and during the 3-year period following the end of the third consecutive calendar year of annual monitoring for supplies initiating triennial monitoring.

(B) Supplies monitoring annually that have been collecting samples during the months of June through September and that received department approval to alter their sample collection period under subparagraph (A) of this paragraph, shall collect their next round of samples during a time period that ends not later than 21 months after the previous round of sampling. Supplies monitoring triennially that have been collecting samples during the months of June through September, and receive department approval to alter the sampling collection period under subparagraph (A) of this paragraph, shall collect their next round of samples during a time period that ends not later than 45 months after the previous round of sampling. Subsequent rounds of sampling shall be collected annually or triennially, as required by this subrule. Small water supplies with waivers, granted under subrule (7) of this rule, that have been collecting samples during the months of June through September and that received department approval to alter their sample collection period under subparagraph (A) of this paragraph shall collect their next round of samples before the end of the 9-year cycle.

(v) A water supply without corrosion control treatment installed that demonstrates for 2 consecutive 6-month monitoring periods that the tap water lead level computed under R 325.10604f(1)(c) is less than or equal to 0.005 mg/l and the tap water copper level computed under R 325.10604f(1)(c) is less than or equal to 0.65 mg/l may reduce the number of samples under subrule (3) of this rule and reduce the frequency of sampling to once every 3 calendar years.

(vi) The following provisions apply to supplies subject to reduced monitoring:

(A) A small or medium size water supply subject to reduced monitoring that exceeds the lead or copper action level shall resume sampling under subdivision (c) of this subrule and shall collect the number of samples specified for the standard monitoring under subrule (3) of this rule. The supply shall also conduct water quality parameter monitoring under R 325.10710b(4), (5), or (6), as appropriate, during the monitoring period in which it exceeded the action level. The supply may resume annual monitoring for lead and copper at the tap at the reduced number of sites specified in subrule (3) of this rule after it has completed 2 subsequent consecutive 6-month rounds of monitoring that meet the criteria of paragraph (i) of this subdivision or may resume triennial monitoring for lead and copper at the reduced number of sites after it demonstrates through subsequent rounds of monitoring that it meets the criteria of either paragraph (iii) or (v) of this subdivision.

(B) A water supply subject to the reduced monitoring frequency that fails to meet the lead action level during a 4-month monitoring period or that fails to operate at or above the minimum value or within the range of values for the water quality parameters specified by the department under R 325.10604f(3)(f) for more than 9 days in a 6-month period specified in R 325.10710b(6) shall conduct tap water sampling for lead and copper at the frequency specified in subdivision (c) of this subrule, collect the number of samples specified for standard monitoring under subrule (3) of this rule, and shall resume monitoring for water quality parameters within the distribution system under R 325.10710b(6). This standard tap water sampling shall begin not later than the 6-month period beginning January 1 of the calendar year following the lead action level exceedance or water quality parameter excursion. The supply may resume reduced monitoring for lead and copper at the tap and for water quality parameters within the distribution system under the following conditions:

(1) The supply may resume annual monitoring for lead and copper at the tap at the reduced number of sites specified in subrule (3) of this rule after it has completed 2 subsequent 6-month rounds of monitoring that meet the criteria of paragraph (ii) of this subdivision and the supply has received written approval from the department to resume reduced monitoring on an annual frequency. This sampling shall begin during the calendar year immediately following the end of the second consecutive 6-month monitoring period.

(2) The supply may resume triennial monitoring for lead and copper at the tap at the reduced number of sites after it demonstrates through subsequent rounds of monitoring that it meets the criteria of either paragraph (iii) or (v) of this subdivision and the supply has received written approval from the department to resume triennial monitoring.

(3) The supply may reduce the number of water quality parameter tap water samples required under R 325.10710b(7)(a) and the frequency with which it collects the samples under R 325.10710b(7)(b). The supply may not resume triennial monitoring for water quality parameters at the tap until it demonstrates, under the requirements of R 325.10710b(7)(b), that it has requalified for triennial monitoring.

(vii) A water supply subject to a reduced monitoring frequency under subdivision (d) of this subrule shall notify the department in writing under R 325.10710d(a)(iii) of any upcoming long-term change in treatment or addition of a new source as described in that rule. The department shall review and approve the addition of a new source or long-term change in water treatment before it is implemented by the water supply. The department may require the supply to resume sampling under subdivision (c) of this subrule and collect the number of samples specified for standard monitoring under subrule (3) of this rule or take other appropriate steps such as increased water quality parameter monitoring or reevaluation of its corrosion control treatment given the potentially different water quality considerations.

(5) The results of monitoring conducted in addition to the minimum requirements of this rule shall be considered in calculating the ninetieth percentile lead or copper level.

(6) A sample invalidated under this subrule does not count toward determining lead or copper ninetieth percentile levels under R 325.10604f(1)(c) or toward meeting the minimum monitoring requirements of subrule (3) of this rule. All of the following provisions apply to invalidating samples:

(a) The department may invalidate a lead or copper tap water sample if at least 1 of the following conditions is met:

(i) The laboratory establishes that improper sample analysis caused erroneous results.

(ii) The department determines that the sample was taken from a site that did not meet the site selection criteria of this rule.

(iii) The sample container was damaged in transit.

(iv) There is substantial reason to believe that the sample was subject to tampering.

(b) The supply shall report the results of all samples to the department and all supporting documentation for samples the supply believes should be invalidated.

(c) To invalidate a sample under subdivision (a) of this subrule, the decision and the rationale for the decision shall be documented in writing. The department may not invalidate a sample solely on the grounds that a follow-up sample result is higher or lower than that of the original sample.

(d) The water supply shall collect replacement samples for the samples invalidated under this rule if, after the invalidation of 1 or more samples, the supply has too few samples to meet the minimum requirements of subrule (3) of this rule. The replacement samples shall be taken as soon as possible, but not later than 20 days after the date the department invalidates the sample or by the end of the applicable monitoring period, whichever occurs later. Replacement samples taken after the end of the applicable monitoring period shall not also be used to meet the monitoring requirements of a subsequent monitoring period.

The replacement samples shall be taken at the same locations as the invalidated samples or, if that is not possible, at locations other than those already used for sampling during the monitoring period.

(7) A small water supply that meets the criteria of this subrule may apply to the department to reduce the frequency of monitoring for lead and copper under this rule to once every 9 years, that is, a "full waiver", if it meets all of the materials criteria specified in subdivision (a) of this subrule and all of the monitoring criteria specified in subdivision (b) of this subrule. If a small water supply meets the criteria in subdivisions (a) and (b) of this subrule only for lead, or only for copper, the supply may apply to the department for a waiver to reduce the frequency of tap water monitoring to once every 9 years for that contaminant only, that is, a "partial waiver". All of the following apply:

(a) The supply shall demonstrate that its distribution system and service lines and all drinking water system plumbing, including plumbing conveying drinking water within all residences and buildings connected to the system, are free of lead containing materials or copper containing materials, or both, as those terms are defined in this subdivision, as follows:

(i) To qualify for a full waiver, or a waiver of the tap water monitoring requirements for lead, that is, a "lead waiver", the water supply shall provide certification and supporting documentation to the department that the supply is free of all lead containing materials and that the supply complies with both of the provisions in this paragraph. Both of the following apply:

(A) It does not contain plastic pipes that contain lead plasticizers or plastic service lines that contain lead plasticizers.

(B) It is free of lead service lines, lead pipes, lead soldered pipe joints, and leaded brass or bronze alloy fittings and fixtures, unless the fittings and fixtures meet the specifications of standards established under "Prohibition on Use of Lead Pipes, Solder, and Flux: Plumbing Fittings and Fixtures" 42 U.S.C. 300G-6(e), (2006), which is available on the Internet at http://www.law.cornell.edu/uscode/text/42/300g-6.

(ii) To qualify for a full waiver, or a waiver of the tap water monitoring requirements for copper, that is, a "copper waiver", the water supply shall provide certification and supporting documentation to the department that the supply does not contain copper pipes or copper service lines.

(b) The supply shall have completed at least one 6-month round of standard tap water monitoring for lead and copper at sites approved by the department and from the number of sites required by subrule (3) of this rule and demonstrate that the ninetieth percentile levels for all rounds of monitoring conducted since the supply became free of all lead containing or copper containing materials, or both, as appropriate, meet the following criteria:

(i) To qualify for a full waiver or a lead waiver, the supply shall demonstrate that the ninetieth percentile lead level does not exceed 0.005 mg/l.

(ii) To qualify for a full waiver or a copper waiver, the supply shall demonstrate that the ninetieth percentile copper level does not exceed 0.65 mg/l.

(c) The department shall notify the supply of its waiver determination, in writing setting forth the basis of its decision and any condition of the waiver. As a condition of the waiver, the department may require the supply to perform specific activities, for example, limited monitoring, periodic outreach to customers to remind them to avoid installation of materials that might void the waiver, to avoid the risk of lead or copper concentration of concern in tap water. The small supply shall continue monitoring for lead and copper at the tap as required by subdivisions (a) to (d) of this subrule, as appropriate, until it receives written notification from the department that the waiver has been approved.

(d) Monitoring frequencies for supplies with waivers are as follows:

(i) A supply with a full waiver shall conduct tap water monitoring for lead and copper under subrule (4)(d)(iv) of this rule at the reduced number of sampling sites identified in subrule (3) of this rule at least once every 9 years and provide the materials certification specified in subdivision (a) of this subrule for both lead and copper to the department along with the monitoring results. Samples collected every 9 years shall be collected not later than every ninth calendar year.

(ii) A supply with a partial waiver shall conduct tap water monitoring for the waived contaminant under subrule (4)(d)(iv) of this rule at the reduced number of sampling sites specified in subrule (3) of this rule at least once every 9 years and provide the materials certification specified in subdivision (a) of this subrule pertaining to the waived contaminant along with the monitoring results. Samples collected every 9 years for the waived contaminant shall be collected not later than every ninth calendar year. The supply also shall continue to monitor for the non-waived contaminant under requirements of subrule (4)(a) to (d) of this rule, as appropriate.

(iii) A water supply with a full or partial waiver shall notify the department, in writing, under R 325.10710d(a)(iii) of an upcoming long-term change in treatment or addition of a new source, as described in that rule. The department shall review and approve the addition of a new source or long-term change in water treatment before it is implemented by the water supply. The department has the authority to require the water supply to add or modify waiver conditions, for example, require recertification that the system is free of lead containing or copper containing materials, or both, require additional round or rounds of monitoring, if it considers the modifications are necessary to address treatment or source water changes at the water supply.

(iv) If a water supply with a full or partial waiver becomes aware that it is no longer free of lead containing or copper containing materials, as appropriate, for example, as a result of new construction or repairs, the supply shall notify the department, in writing, not later than 60 days after becoming aware of the change.

(e) If the supply continues to satisfy the requirements of subdivision (d) of this subrule, the waiver will be renewed automatically, unless a condition listed in paragraphs (i) to (iii) of this subdivision occurs. A supply whose waiver has been revoked may reapply for a waiver if it again meets the appropriate materials and monitoring criteria of subdivisions (a) and (b) of this subrule. The waiver is revoked if any of the following conditions exist:

(i) A supply with a full waiver or a lead waiver no longer satisfies the materials criteria of subdivision (a)(i) of this subrule or has a ninetieth percentile lead level of more than 0.005 mg/l.

(ii) A supply with a full waiver or a copper waiver no longer satisfies the materials criteria of subdivision (a)(ii) of this subrule or has a ninetieth percentile copper level of more than 0.65 mg/l.

(iii) The department notifies the supply, in writing setting forth the basis of its decision, that the waiver has been revoked.

(f) A supply whose full or partial waiver has been revoked by the department is subject to the corrosion control treatment and lead and copper tap water monitoring requirements, as follows:

(i) If the supply exceeds the lead or copper action level, or both, the supply shall implement corrosion control treatment under the deadlines specified in R 325.10604f(2)(e) and other applicable requirements of this part.

(ii) If the supply meets both the lead and the copper action level, the supply shall monitor for lead and copper at the tap not less frequently than once every 3 years using the reduced number of sample sites specified in subrule (3) of this rule.

(g) Small water supply waivers approved by the department, in writing, before April 11, 2000, shall remain in effect if the supply has demonstrated that it is both free of lead containing and copper containing materials, as required by subdivision (a) of this subrule, and that its ninetieth percentile lead levels and ninetieth percentile copper levels meet the criteria of subdivision (b) of this subrule, and that the supply continues to meet the waiver eligibility criteria of subdivision (e) of this subrule. The first round of tap water monitoring conducted under subdivision (d) of this subrule shall be completed not later than 9 years after the last time the supply has monitored for lead and copper at the tap.

**History**
- *History: 1994 AACS; 1998 AACS; 2002 AACS; 2009 AACS; 2015 AACS; 2018 AACS.*

##### **Mich. Admin. Code R 325.10710b** Monitoring requirements for water quality parameters {#sec-r-325.10710b omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10710b}

Rule 710b. (1) The requirements of this rule are summarized in table 1 of this rule. The following community and nontransient noncommunity water supplies, which are considered "water supplies" or "supplies" in this rule, shall monitor for water quality parameters in addition to lead and copper under this rule:

(a) Large water supplies.

(b) Small and medium size water supplies that exceed the lead or copper action level or have optimal corrosion control treatment installed.

(2) Sample collection methods provisions are as follows:

(a) Tap samples shall be representative of water quality throughout the distribution system taking all of the following factors into account:

(i) The number of persons served.

(ii) The different sources of water.

(iii) The different treatment methods employed by the supply.

(iv) Seasonal variability. Tap sampling under this subdivision is not required to be conducted at taps targeted for lead and copper sampling under R 325.10710a(1)(b).

Samples collected at the entry point or points to the distribution system shall be from locations that are representative of each source after treatment. If a supply draws water from more than 1 source and the sources are combined before distribution, the supply shall sample at an entry point to the distribution system during periods of normal operating conditions, for example, when water is representative of all sources being used.

(3) The number of samples a supply is required to collect are as follows:

(a) A supply shall collect 2 tap samples for applicable water quality parameters during each monitoring period specified in subrules (4) to (7) of this rule from the following number of sites:

Supply Size (Number of People Served)

Number of Sites for Water Quality Parameters More than 100,00025 10,001 to 100,00010 3,301 to 10,0003 501 to 3,3002 101 to 5001 Fewer than 1011 (b) Except as provided in subrule (5)(c) of this rule, a water supply shall collect 2 samples for each applicable water quality parameter at each entry point to the distribution system during each monitoring period specified in subrule (4) of this rule. During each monitoring period specified in subrules (5) to (7) of this rule, a supply shall collect 1 sample for each applicable water quality parameter at each entry point to the distribution system.

(4) A large water supply shall measure the applicable water quality parameters, at the locations specified in the following subdivisions at taps and at each entry point to the distribution system during each 6-month monitoring period specified in R 325.10710a(4)(a). A small or medium size water supply shall measure the applicable water quality parameters at the locations specified in the following subdivisions during each 6month monitoring period, as specified in R 325.10710a(4)(a), that the supply exceeds the lead or copper action level or if optimal corrosion control treatment is installed:

(a) At taps, a water supply shall measure each of the following:

(i) pH.

(ii) Alkalinity.

(iii) Orthophosphate, when an inhibitor containing a phosphate compound is used.

(iv) Silica, when an inhibitor containing a silicate compound is used.

(v) Calcium.

(vi) Conductivity.

(vii) Water temperature.

(viii) Sulfate.

(ix) Chloride.

(b) At each entry point to the distribution system, a water supply shall measure each of the applicable parameters that are listed in subdivision (a) of this subrule.

(5) A large water supply that installs optimal corrosion control treatment under R 325.10604f(2)(d)(iii) shall measure the water quality parameters at the locations and frequencies specified in this subrule during each 6-month monitoring period specified in R 325.10710a(4)(b)(i). A small or medium size water supply that installs optimal corrosion control treatment shall measure the water quality parameters at the locations specified in the following during each 6-month monitoring period, as specified in R 325.10710a(4)(b)(ii):

(a) At taps, 2 samples for each of the following:

(i) pH.

(ii) Alkalinity.

(iii) Orthophosphate, when an inhibitor containing a phosphate compound is used.

(iv) Silica, when an inhibitor containing a silicate compound is used.

(v) Calcium, when calcium carbonate stabilization is used as part of the corrosion control.

(vi) Sulfate.

(vii) Chloride.

(b) Except as provided in subdivision (c) of this subrule, at each entry point to the distribution system, at least 1 sample at least every 2 weeks for each of the following:

(i) pH.

(ii) When alkalinity is adjusted as part of optimal corrosion control, a reading of the dosage rate of the chemical used to adjust alkalinity and a reading of the alkalinity concentration.

(iii) When a corrosion inhibitor is used as part of optimal corrosion control, a reading of the dosage rate of the inhibitor used and a reading of the concentration of orthophosphate or silica, whichever is applicable.

(iv) Sulfate.

(v) Chloride.

(c) A ground water supply may limit entry point sampling described in subdivision (b) of this subrule to those entry points that are representative of water quality and treatment conditions throughout the system. If water from untreated ground water sources mixes with water from treated ground water sources, the supply shall monitor for water quality parameters both at representative entry points receiving treatment and representative entry points receiving no treatment. Before the start of the monitoring under this subdivision, the supply shall provide to the department written information identifying the selected entry points and documentation, including information on seasonal variability, sufficient to demonstrate that the sites are representative of water quality and treatment conditions throughout the system.

(6) After the department specifies the values for applicable water quality control parameters reflecting optimal corrosion control treatment under R 325.10604f(3)(f), water supplies shall measure the applicable water quality parameters under subrule (5) of this rule and determine compliance with the requirement of R 325.10604f(3)(g) every 6 months with the first 6-month period to begin on either January 1 or July 1, whichever comes first, after the department specifies the optimal values under R 325.10604f(3)(f). Compliance with department designated optimal water quality parameter values shall be determined as specified under R 325.10604f(3)(g).

(7) Reduced monitoring provisions are as follows:

(a) A supply that maintains the range of values for the water quality parameters reflecting optimal corrosion control treatment during each of 2 consecutive 6-month monitoring periods under subrule (6) of this rule shall continue monitoring applicable water quality parameters at the locations and frequencies specified in subrule (5) of this rule. The supply may reduce the number of sites from which it monitors during each 6-month monitoring period to the following:

Supply Size (Number of People Served)

Reduced Number of Sites For Water Quality Parameters More than 100,00010 10,001 to 100,0007 3,301 to 10,0003 501 to 3,3002 101 to 5001 Fewer than 1011 (b) A water supply that maintains the range of values for the water quality parameters reflecting optimal corrosion control treatment specified by the department under R 325.10604f(3)(f) during 3 consecutive years of monitoring specified in this subdivision may reduce the frequency with which it collects the number of tap samples for applicable water quality parameters specified in subdivision (a) of this subrule from every 6 months to annually. This sampling begins during the calendar year immediately following the end of the monitoring period in which the third consecutive year of 6-month monitoring occurs.

(c) A water supply that conducts sampling annually shall collect the samples evenly throughout the year to reflect seasonal variability.

(d) A water supply subject to the reduced monitoring frequency that fails to operate at or above the minimum value or within the range of values for the water quality parameters specified by the department for more than 9 days in a 6-month period specified in R 325.10604f(3)(g) shall resume distribution system tap water sampling under the number and frequency requirements specified in subrule (6) of this rule. The supply may resume annual monitoring for water quality parameters at the tap at the reduced number of sites specified in subdivision (a) of this subrule after it has completed 2 subsequent consecutive 6-month rounds of monitoring that meet the criteria of that subdivision.

(8) The results of monitoring conducted in addition to the minimum requirements of this rule shall be considered in determining the concentrations of water quality parameters.

(9) Table 1 of this rule reads as follows:

Table 1 Summary of Monitoring Requirements for Water Quality Parameters - Lead, Copper, Corrosion Control Monitoring Period Parameters Location Frequency Initial monitoring pH, alkalinity, orthophosphate or silica , calcium, conductivity, temperature, sulfate, chloride Taps and at entry point or points to distribution system 6 months After installation of corrosion control pH, alkalinity, orthophosphate or silica , calcium Taps Every 6 months pH, alkalinity dosage rate and concentration (if alkalinity adjusted as part of corrosion control), inhibitor dosage rate and inhibitor residual , sulfate, chloride Entry point or points to distribution system At least every 2 weeks After department specifies parameter values for optimal corrosion control pH, alkalinity, orthophosphate or silica , calcium Taps Every 6 months pH, alkalinity dosage rate and concentration (if alkalinity adjusted as part of corrosion control), inhibitor dosage rate and inhibitor residual , sulfate, chloride Entry point or points to distribution system At least every 2 weeks Reduced monitoring pH, alkalinity, orthophosphate or silica , calcium Taps Every 6 months annually at a reduced number of sites pH, alkalinity dosage rate and concentration (if alkalinity adjusted control), inhibitor dosage rate and inhibitor residual , sulfate, chloride Entry point or points to distribution system At least every 2 weeks Table is for illustrative purposes; consult the text of this part for precise regulatory requirements.

Orthophosphate shall be measured when an inhibitor containing a phosphate compound is used. Silica shall be measured when an inhibitor containing silicate compound is used.

Calcium shall be measured when calcium carbonate stabilization is used as part of corrosion control.

Inhibitor dosage rates and inhibitor residual concentrations (orthophosphate or silica) shall be measured when an inhibitor is used.

Ground water supplies may limit monitoring to representative locations throughout the system.

Water supplies may reduce frequency of monitoring for water quality parameters at the tap from every 6 months to annually if they have maintained the range of values for water quality parameters reflecting optimal corrosion control during 3 consecutive years of monitoring.

**History**
- *History: 1994 AACS; 1998 AACS; 2002 AACS; 2009 AACS; 2018 AACS.*

##### **Mich. Admin. Code R 325.10710c** Monitoring requirements for lead and copper in source water {#sec-r-325.10710c omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10710c}

Rule 710c. (1) Sample location, collection methods, and number of samples required for lead and copper monitoring in source water of community and nontransient noncommunity water supplies are as follows:

(a) A water supply that fails to meet the lead or copper action level based on tap samples collected under R 325.10710a shall collect lead and copper source water samples under the following requirements regarding sample location, number of samples, and collection methods:

(i) Groundwater supplies shall take a minimum of 1 sample at every entry point to the distribution system which is representative of each well after treatment, hereafter called a sampling point. The supply shall take 1 sample at the same sampling point unless conditions make another sampling point more representative of each source or treatment plant.

(ii) Surface water supplies shall take a minimum of 1 sample at every entry point to the distribution system after the application of treatment or in the distribution system at a point which is representative of each source after treatment, hereafter called a sampling point.

The supply shall take each sample at the same sampling point unless conditions make another sampling point more representative of each source or treatment plant. For purposes of this paragraph, surface water supplies include water supplies with a combination of surface and ground sources.

(iii) If a supply draws water from more than 1 source and the sources are combined before distribution, the supply shall sample at an entry point to the distribution system during periods of normal operating conditions, that is, when water is representative of all sources being used.

(b) If the results of sampling, taken to determine compliance with R 325.10604f (4) (b)

(iv), indicate an exceedance of the maximum permissible source water levels established by the department, then the department may require that 1 additional sample be collected as soon as possible after the initial sample was taken, but not more than 2 weeks later, at the same sampling point. If a department required confirmation sample is taken for lead or copper, then the results of the initial and confirmation samples shall be averaged to determine compliance with the department specified maximum permissible levels. A sample value below the detection limit shall be considered to be zero. A value above the detection limit, but below the PQL, shall either be considered as the measured value or be considered 1/2 of the PQL.

(2) A water supply that exceeds the lead or copper action level at the tap shall collect 1 source water sample from each entry point to the distribution system not later than 6 months after the end of the monitoring period during which the lead or copper action level was exceeded. For monitoring periods that are annual or less frequent, the end of the monitoring period is September 30 of the calendar year in which the sampling occurs, or if the department has established an alternate monitoring period, the last day of that period.

(3) A supply that installs source water treatment under R 325.10604f(4)(a)(ii) shall collect an additional source water sample from each entry point to the distribution system during 2 consecutive 6-month monitoring periods by the deadline specified in R 325.10604f(4)(a)(iii).

(4) The following provisions apply to the monitoring frequency after the department specifies maximum permissible source water levels or determines that source water treatment is not needed:

(a) A supply shall monitor to determine compliance with R 325.10604f(4)(b)(iv) at the frequency specified in the following paragraphs where the department specifies maximum permissible source water levels or determines that the supply is not required to install source water treatment:

(i) A water supply using only groundwater shall collect samples once during the 3-year compliance period, as defined in R 325.10103, that is in effect when the applicable department determination under this subdivision is made. The supply shall collect samples once during each subsequent compliance period. Triennial samples shall be collected every third calendar year.

(ii) A water supply using surface water or a combination of surface water and groundwater shall collect samples once during each calendar year. The first annual monitoring period shall begin during the year in which the applicable department determination is made under this subdivision.

(b) A supply is not required to conduct source water sampling for lead or copper if the supply is in compliance with the action level for the specific contaminant in tap water samples during the entire source water sampling period applicable to the supply under subdivision (a) (i) and (ii) of this subrule.

(5) Reduced monitoring frequency provisions are as follows:

(a) A water supply using only groundwater may reduce the monitoring frequency for lead and copper in source water to once during each 9-year compliance cycle, as defined in R 325.10103 provided that the samples are collected not later than every ninth calendar year and if the supply meets 1 of the following criteria:

(i) The supply demonstrates that finished drinking water entering the distribution system has been maintained below the department specified maximum permissible lead and copper concentrations as required in R 325.10604f(4)(b)(iv) during not less than 3 consecutive compliance periods under subrule (4)(a) of this rule.

(ii) The department has determined that source water treatment is not needed and the supply demonstrates that, during not less than 3 consecutive compliance periods in which sampling was conducted under subrule (4) (a) of this rule, the concentration of lead in source water was less than or equal to 0.005 mg/l and the concentration of copper in source water was less than or equal to 0.65 mg/l.

(b) A water supply using surface water or a combination of surface water and groundwater may reduce the monitoring frequency in subrule (4)(a) of this rule to once during each 9year compliance cycle, as defined in R 325.10103 provided that the samples are collected not later than every ninth calendar year and if the supply meets either of the following criteria:

(ii) The department has determined that source water treatment is not needed and the supply demonstrates that, during not less than 3 consecutive years, the concentration of lead in source water was less than or equal to 0.005 mg/l and the concentration of copper in source water was less than or equal to 0.65 mg/l.

(c) A water supply that uses a new source of water is not eligible for reduced monitoring for lead or copper until concentrations in samples collected from the new source during 3 consecutive monitoring periods are below the department specified maximum permissible lead and copper concentrations as required in R 325.10604f(4)(a)(iv).

**History**
- *History: 1994 AACS; 1998 AACS; 2002 AACS; 2009 AACS.*

##### **Mich. Admin. Code R 325.10710d** Reporting requirements for lead, copper, and corrosion control {#sec-r-325.10710d omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10710d}

Rule 710d. This rule applies to all community and nontransient noncommunity water supplies. These public water supplies are also considered "water supplies" or "supplies" in this rule. Supplies shall report all of the following information to the department:

(a) Reporting provisions for tap water monitoring for lead and copper and for water quality parameter monitoring are as follows:

(i) Except as provided in subparagraph (G) of this paragraph, a water supply shall report the information specified in this paragraph for all tap water samples specified in R 325.10710a and for all water quality parameter samples specified in R 325.10710b within the first 10 days after the end of each applicable monitoring period specified in R 325.10710a and R 325.10710b, for example, every 6 months, annually, every 3 years, or every 9 years. For monitoring periods with a duration less than 6 months, the end of the monitoring period is the last date samples can be collected during that period as specified in R 325.10710a to R 325.10710b. All of the following apply:

(A) The results of all tap samples for lead and copper, including the location of each site and the criteria in R 325.10710a(1)(c), (d), (e), (f), or (g) used to select the site for the system's sampling pool.

(B) Documentation for each tap water lead or copper sample for which the water supply requests invalidation under R 325.10710a(6)(b).

(C)The ninetieth percentile lead and copper concentrations measured from among all lead and copper tap water samples collected during each monitoring period, calculated in compliance with the provisions of R 325.10604f(1)(c)(i), unless the department calculates the system's ninetieth percentile lead and copper levels under subdivision (h) of this subrule.

(D) With the exception of initial tap sampling conducted under R 325.10710a(4)(a), a water supply shall designate sites not sampled during previous monitoring periods and include an explanation of why sampling sites have changed.

(E) The results of all tap samples for pH and, where applicable, alkalinity, calcium, conductivity, temperature, and orthophosphate or silica collected under R 325.10710b(b) to (e).

(F) The results of all samples collected at the entry point or points to the distribution system for applicable water quality parameters under R 325.10710b(b) to (e).

(G) A water supply shall report the results of all water quality parameter samples collected under R 325.10710b(5) to (8) during each 6-month monitoring period specified in R 325.10710b(6) within the first 10 days following the end of the monitoring period, unless the department has specified a more frequent reporting requirement.

(ii) For a nontransient noncommunity water system, or a community water system meeting the criteria of R 325.10410(3)(g), that does not have enough taps that can provide first draw samples, the supply shall do either of the following as appropriate:

(A) Provide written documentation to the department identifying standing times and locations for enough non-first draw samples to make up its sampling pool under R 325.10710a(2)(d) by the start of the first applicable monitoring period under R 325.10710a(4) that commences after April 11, 2000, unless the department has waived prior department approval of non-first draw sample sites selected by the supply under R 325.10710a(2)(d).

(B) If the department has waived prior approval of non-first draw sample sites selected by the supply, identify, in writing, each site that did not meet the 6-hour minimum standing time and the length of standing time for that particular substitute sample collected under R 325.10710a(2)(d) and include this information with the lead and copper tap sample results submitted under subdivision (a)(i) of this subrule.

(iii) At a time specified by the department, or if no specific time is designated by the department, then as early as possible prior to the addition of a new source or a long-term change in water treatment, a water supply considered to have optimized corrosion control under R 325.10604f(2)(b), a system subject to reduced monitoring under R 325.10710a(4)(d), or a system subject to a monitoring waiver under R 325.10710a(7) shall submit written documentation to the department describing the change or addition.

The department shall review and approve the addition of a new source or long-term change in treatment before it is implemented by the water supply. Examples of long-term treatment changes include the addition of a new treatment process or modification of an existing treatment process. Examples of modifications include adding ozone, switching secondary disinfectants, switching coagulants (for example, alum to ferric chloride), and switching corrosion inhibitor products (for example, orthophosphate to blended phosphate). Longterm changes can include dose changes to existing chemicals if the supply is planning longterm changes to its finished water pH or residual inhibitor concentration. Long-term treatment changes would not include chemical dose fluctuations associated with daily raw water quality changes.

(iv) A small water supply applying for a monitoring waiver under R 325.10710a(7), or subject to a waiver granted under R 325.10710a(7)(c), shall provide all of the following information to the department, in writing, by the specified deadline:

(A) By the start of the first applicable monitoring period in R 325.10710a(4), a small water supply applying for a monitoring waiver shall provide the documentation required to demonstrate that it meets the waiver criteria of R 325.10710a(7)(a) and (b).

(B) Not later than 9 years after the monitoring previously conducted under R 325.10710a(7)(b) or R 325.10710a(7)(d)(i), a small water supply desiring to maintain its monitoring waiver shall provide the information required by R 325.10710a(7)(d)(i) and (ii).

(C) Not later than 60 days after it becomes aware that the system is no longer free of lead containing or copper containing material, or both, as appropriate, a small water supply with a monitoring waiver shall provide written notification to the department, setting forth the circumstances resulting in the lead containing or copper containing materials, or both, being introduced into the system and what corrective action, if any, the supply plans to remove these materials.

(v) Each ground water supply that limits water quality parameter monitoring to a subset of entry points under R 325.10710b(5)(c), the supply shall provide, by the commencement of the monitoring, written correspondence to the department that identifies the selected entry points and includes information sufficient to demonstrate that the sites are representative of water quality and treatment conditions throughout the system.

(b) Source water monitoring provisions are as follows:

(i) A water supply shall report the sampling results for all source water samples collected under R325.10710c within the first 10 days after the end of each source water monitoring period, for example, annually, per compliance period, or per compliance cycle, specified in R 325.10710c.

(ii) With the exception of the first round of source water sampling conducted under R 325.10710c(2), a supply shall specify sites that were not sampled during previous monitoring periods and include an explanation of why the sampling points have changed.

(c) A supply shall report the following corrosion control treatment information to the department by the applicable dates specified in R 325.10604f(2):

(i) For a supply that has already optimized corrosion control, the information required in R 325.10604f(2)(b)(ii) or (iii).

(ii) For a supply required to optimize corrosion control, the supply's recommendation regarding optimal corrosion control treatment under R 325.10604f(3)(a).

(iii) For a supply that is required to evaluate the effectiveness of corrosion control treatments under R 325.10604f(3)(c), the information required by R 325.10604f(3)(c).

(iv) For a supply required to install optimal corrosion control designated by the department under R 325.10604f(3)(d), documentation certifying that the supply has completed installing the optimal corrosion control.

(d) A water supply shall provide the following source water treatment information to the department by the applicable dates specified in R 325.10604f(4):

(i) If required under R 325.10604f(4)(b)(i), the supply's recommendation regarding source water treatment.

(ii) For a supply required to install source water treatment under R 325.10604f(4)(b)(ii), documentation certifying that the supply has completed installing the treatment designated by the department within 24 months after the department designated the treatment.

(e) A water supply shall report all of the following lead service line replacement information to the department to demonstrate compliance with the requirements of R 325.10604f(5):

(i) Not later than 12 months after the end of a monitoring period in which a supply exceeds the lead action level in sampling referred to in R 325.10604f(5)(a), the supply shall submit written documentation to the department of the materials evaluation conducted as required in R 325.10710a(1) or the materials inventory required under R 325.11604(c), identify the initial number of lead service lines in its distribution system at the time the supply exceeds the lead action level, and provide the supply's schedule for annually replacing not less than 7% of the initial number of lead service lines in its distribution system.

(ii) Not later than 12 months after the end of a monitoring period in which a supply exceeds the lead action level in sampling referred to in 325.10604f(5)(a), and every 12 months thereafter, the supply shall submit a written report to the department that demonstrates the supply has replaced, in the previous 12 months, not less than 7% of the initial lead service lines, or a greater number of lines specified by the department under R 325.10604f(5)(d), in its distribution system.

(iii) The annual documentation submitted to the department under paragraph (ii) of this subdivision, which shall contain all of the following information:

(A) The number of lead service lines scheduled to be replaced during the previous year of the system's replacement schedule.

(B) The number and location of each lead service line replaced during the previous year of the system's replacement schedule.

(C) If measured, the water lead concentration and location of each lead service line sampled, the sampling method, and the date of sampling.

(iv) At the request of the department, a supply that collects lead service line samples following partial lead service line replacement required by R 325.10604f(5) shall report the results to the department as specified in R 325.10734(1). Supplies shall also report additional information as specified by the department under R 325.11505(2) to verify that all partial lead service line replacement activities have taken place.

(f) A water supply shall provide the following public education reporting information to the department:

(i) A water supply that is subject to the public education requirements in R 325.10410 shall, within 10 days after the end of each period in which the supply is required to perform public education tasks under R 325.10410(3), send written documentation to the department that contains both of the following:

(A) A demonstration that the supply has delivered the public education materials that meet the content requirements in R 325.10410(2) and the delivery requirements in R 325.10410(3).

(B) A list of all the newspapers, radio stations, television stations, and facilities and organizations to which the supply delivered public education materials during the period in which the supply was required to perform public education tasks.

(ii) Unless required by the department, a supply that previously has submitted the information required by paragraph (i)(B) of this subdivision need not resubmit the information required by paragraph (i)(B) of this subdivision, if there have been no changes in the distribution list and the supply certifies that the public education materials were distributed to the same list submitted previously.

(iii) Not later than 3 months following the end of the monitoring period, each supply shall mail a sample copy of the consumer notification of tap results to the department along with a certification that the notification has been distributed consistent with the requirements of R 325.10410(5).

(g) A water supply that collects sampling data in addition to that required by this part shall report the results to the department within the first 10 days following the end of the applicable monitoring period specified in R 325.10710a, R 325.10710b, and R 325.10710c during which the samples are collected.

(h) A water supply is not required to report the ninetieth percentile lead and copper concentrations measured from among all lead and copper tap water samples collected during each monitoring period, as required by subdivision (a)(i)(C) of this rule if all of the following provisions are satisfied:

(i) The department has previously notified the supply that it will calculate the supply's ninetieth percentile lead and copper concentrations, based on the lead and copper tap results submitted under paragraph (ii)(A) of this subdivision, and has specified a date before the end of the applicable monitoring period by which the supply shall provide the results of lead and copper tap water samples.

(ii) The supply has provided the following information to the department by the date specified in paragraph (i) of this subdivision:

(A) The results of all tap samples for lead and copper including the location of each site and the criteria under R 325.10710a(1)(c), (d), (e), (f), or (g), under which the site was selected for the system's sampling pool, under subdivision (a)(i)(A) of this rule.

(B) An identification of sampling sites utilized during the current monitoring period that were not sampled during previous monitoring periods, and an explanation why sampling sites have changed.

(iii) The department has provided the results of the ninetieth percentile lead and copper calculations, in writing, to the supply before the end of the monitoring period.

**History**
- *History: 1994 AACS; 1998 AACS; 2002 AACS; 2009 AACS; 2018 AACS.*

##### **Mich. Admin. Code R 325.10711** Rescinded {#sec-r-325.10711 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10711}

**History**
- *History: 1979 AC; 1989 AACS; 1993 AACS.*

##### **Mich. Admin. Code R 325.10712** Rescinded {#sec-r-325.10712 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10712}

**History**
- *History: 1979 AC; 1989 AACS; 1993 AACS.*

##### **Mich. Admin. Code R 325.10713** Rescinded {#sec-r-325.10713 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10713}

**History**
- *History: 1979 AC; 1989 AACS.*

##### **Mich. Admin. Code R 325.10714** Rescinded {#sec-r-325.10714 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10714}

**History**
- *History: 1979 AC; 1993 AACS.*

##### **Mich. Admin. Code R 325.10715** Rescinded {#sec-r-325.10715 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10715}

**History**
- *History: 1979 AC; 1993 AACS.*

##### **Mich. Admin. Code R 325.10716** Collection and analysis of samples for VOCs {#sec-r-325.10716 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10716}

Rule 716. (1) Beginning with the initial compliance period, suppliers of community and nontransient, noncommunity water supplies shall collect samples and cause analyses to be made under this rule for volatile organic chemicals to determine compliance with the state drinking water standards in R 325.10604b. Each supplier shall monitor at the time designated by the department within each compliance period. The department may increase required monitoring where necessary to detect variations within a water system.

(2) For transient, noncommunity and type III public water supplies, the department may require samples to be collected and analyzed at prescribed frequencies for organic chemicals.

(3) Suppliers of groundwater systems shall take at least 1 sample at every entry point to the distribution system that is representative of each well after treatment, also known as sampling point. Each sample shall be taken at the same sampling point unless conditions make another sampling point more representative of each source, treatment plant, or within the distribution system.

(4) Suppliers of surface water systems or combined surface water and groundwater systems shall take at least 1 sample at points in the distribution system that are representative of each source or at each entry point to the distribution system after treatment, also known as sampling point. Each sample shall be taken at the same sampling point unless conditions make another sampling point more representative of each source, treatment plant, or within the distribution system.

(5) If the system draws water from more than 1 source and the sources are combined before distribution, then the system shall be sampled at an entry point to the distribution system during periods of normal operating conditions when water that is representative of all sources is being used.

(6) Suppliers of each community and nontransient, noncommunity water system shall take 4 consecutive quarterly samples for each contaminant, except for vinyl chloride, in R 325.10604b during each compliance period, beginning in the initial compliance period.

Suppliers that use grandfathered samples and that did not detect any VOCs in R 325.10604b, shall, beginning with the initial compliance period, monitor annually under subrule (7) of this rule.

(7) If a supplier does not detect a contaminant in R 325.10604b in the first of the 4 consecutive quarterly samples, then the supplier shall take 1 sample annually beginning with the initial compliance period.

(8) After a supplier has performed annual sampling for not less than 3 years, the department may allow a groundwater supplier that has not previously detected any contaminant in R 325.10604b to reduce monitoring to 1 sample during each compliance period.

(9) Suppliers of each community and nontransient noncommunity groundwater system that do not detect, at or above 0.0005 milligrams per liter, a contaminant in R 325.10604b may apply to the department for a waiver from portions of the requirements of subrules (6) and (7) of this rule after completing the initial monitoring. A waiver shall be effective for not more than 6 years. The department may also issue waivers to small systems for the initial round of 1,2,4 trichlorobenzene monitoring.

(10) The following factors shall be evaluated to determine if a waiver may be granted:

(a) Knowledge of previous use, including transport, storage, or disposal, of the contaminant within the watershed or zone of influence of the system.If a determination by the department reveals no previous use of the contaminant within the watershed or zone of influence, then a waiver may be granted.

(b) If previous use of the contaminant is unknown or the contaminant has been used previously, then all of the following factors shall be used to determine whether a waiver is granted:

(i) Previous analytical results.

(ii) The proximity of the system to a potential point or non-point source of contamination.

Point sources include spills and leaks of chemicals at or near a water treatment facility or at manufacturing, distribution, or storage facilities or from hazardous and municipal waste landfills and other waste-handling or treatment facilities.

(iii) The environmental persistence and transport of the contaminants.

(iv) The number of persons who are served by the public water system and the proximity of a smaller system to a larger system.

(v) How well the water source is protected against contamination, such as whether it is a surface water or groundwater system. Groundwater supplies shall consider factors such as depth of the well, the type of soil, and wellhead protection. Surface water supplies shall consider watershed protection.

(11) As a condition of a waiver, a groundwater supplier shall take 1 sample at each sampling point during the time the waiver is effective and update its vulnerability assessment considering the factors listed in subrule (10) of this rule. If the department does not reconfirm that the system is nonvulnerable based on this vulnerability assessment within 3 years of the initial determination, then the waiver is invalidated and the supplier is required to sample annually as specified in subrule (7) of this rule.

(12) Suppliers of each community and nontransient noncommunity surface water system that do not detect a contaminant in R 325.10604b may apply to the department for a waiver from the requirements of subrule (7) of this rule after completing the initial monitoring.

For a waiver to remain in effect, a supplier of a system that does not detect a contaminant in R 325.10604b shall be determined by the department to be nonvulnerable based on a vulnerability assessment, considering the factors listed in subrule (10) of this rule, during each compliance period. Each supplier that receives a waiver shall sample at the frequency specified by the department.

(13) If a contaminant in R 325.10604b is detected in any sample, then all of the following provisions apply:

(a) The supplier shall monitor quarterly at each sampling point that resulted in a detection.

(b) The department may decrease the quarterly monitoring requirement specified in subdivision (a) of this subrule if it has determined that the system is reliably and consistently below the MCL. A groundwater supplier shall take not fewer than 2 quarterly samples and a surface water supplier shall take not fewer than 4 quarterly samples for this determination.

(c) If the department determines that the system is reliably and consistently below the MCL, then the department may allow the supplier to monitor annually. Suppliers that monitor annually shall monitor during the quarter or quarters that previously yielded the highest analytical result.

(d) Suppliers that conduct 3 consecutive annual samples and do not detect a contaminant may apply to the department for a waiver as specified in subrule (9) of this rule.

(e) Groundwater suppliers that detect 1 or more of the following 2-carbon organic compounds shall monitor quarterly for vinyl chloride:

(i) Trichloroethylene.

(ii) Tetrachloroethylene.

(iii) 1,2-dichloroethane.

(iv) 1,1,1-trichloroethane.

(v) cis-1,2-dichloroethylene.

(vi) trans-1,2-dichloroethylene.

(vii) 1,1-dichloroethylene.

A vinyl chloride sample shall be taken at each sampling point at which 1 or more of the 2-carbon organic compounds were detected. If the results of the first analysis do not detect vinyl chloride, then the department may reduce the quarterly monitoring frequency of vinyl chloride monitoring to 1 sample during each compliance period. Surface water suppliers shall monitor for vinyl chloride as specified by the department.

(14) Suppliers that violate the requirements of R 325.10604b shall monitor quarterly. If not fewer than 4 consecutive quarterly samples show that the system is in compliance with R 325.10604b and the department determines the system is reliably and consistently below the MCL, then the supplier may monitor at the frequency and time specified in subrule (13)(c) of this rule.

(15) The department may require a confirmation sample for positive or negative results.

If a confirmation sample is required by the department, then the result shall be averaged with the first sampling result and the average shall be used for the compliance determination as specified by R 325.10604b. The department may delete results of obvious sampling errors from the calculation.

(16) The department may reduce the total number of samples a supplier shall analyze by allowing the use of compositing when the population served by the system is more than 3,300 persons. Composite samples from not more than 5 sampling points within a single water system are allowed if the detection limit of the method used for analysis is less than 1/5 of the MCL. Compositing of samples shall be done in the laboratory and analyzed within 14 days of sample collection. All of the following provisions apply to compositing:

(a) If the concentration in the composite sample is more than or equal to 0.0005 milligrams per liter for any contaminant in R 325.10604b, then the supplier shall take a follow-up sample within 14 days from each sampling point included in the composite and shall analyze the sample.

(b) If duplicates of the original sample taken from each sampling point used in the composite are available, then the supplier may use these duplicates instead of resampling.

The supplier shall analyze the duplicate and shall report the results to the department within 14 days after completing analysis of the composite sample, provided the holding time of the sample is not exceeded.

(c) The method for compositing samples specified in the provisions of 40 C.F.R. part 141, paragraph 141.24(f)(14)(iv) and (v), May 4, 2000, is adopted by reference. The adopted material is available from the superintendent of documents at the address in R 325.10116(b) for a cost of $61.00 at the time of adoption of these rules. The adopted material is available for inspection, or copies are available at no cost from the offices of the department at the address in R 325.10116(a).

(17) All new supplies or supplies that use a new source of water shall demonstrate compliance with the MCLs before serving water to the public. The supply shall also comply with the initial sampling frequencies specified by the department to ensure a supply can demonstrate compliance with the MCLs.

**History**
- *History: 1979 AC; 1993 AACS; 1994 AACS; 1998 AACS; 2002 AACS; 2005 AACS.*

##### **Mich. Admin. Code R 325.10717** Collection and analysis of samples for synthetic organic chemicals {#sec-r-325.10717 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10717}

Rule 717. (1) Suppliers of community and nontransient, noncommunity water supplies shall collect samples and cause analyses to be made under this rule for synthetic organic chemicals to determine compliance with the state drinking water standards in R 325.10604d. Each supplier shall monitor at the time designated by the department within each compliance period.

(2) A groundwater supplier shall take at least 1 sample at every entry point to the distribution system that is representative of each well after treatment, also known as sampling point. Each sample shall be taken at the same sampling point unless conditions make another sampling point more representative of each source or treatment plant.

(3) A surface water supplier, or combined surface water and ground water, shall take at least 1 sample at points in the distribution system that are representative of each source or at each entry point to the distribution system after treatment, also known as sampling point.

Each sample shall be taken at the same sampling point unless conditions make another sampling point more representative of each source or treatment plant.

(4) If a system draws water from more than 1 source and the sources are combined before distribution, then the supplier shall sample at an entry point to the distribution system during periods of normal operating conditions when water that is representative of all sources is being used.

(5) Each community and nontransient, noncommunity water supplier shall take 4 consecutive quarterly samples for each contaminant in R 325.10604d during each compliance period beginning with the initial compliance period.

(6) A supplier serving more than 3,300 people that does not detect a contaminant in the initial compliance period may reduce the sampling frequency to not fewer than 2 quarterly samples in 1 year during each repeat compliance period.

(7) A supplier serving fewer than 3,301 people that does not detect a contaminant in the initial compliance period may reduce the sampling frequency to at least 1 sample during each repeat compliance period.

(8) Each community and nontransient water supply may apply to the department for a waiver from the requirements of subrule (5), (6), or (7) of this rule.A supplier shall reapply for a waiver for each compliance period.

(9) The department may grant a waiver if a determination by the department does not reveal previous use, including transport, storage, or disposal, of the contaminant within the watershed or zone of influence. If previous use of the contaminant is unknown or if the contaminant has been used previously, then all of the following factors shall be used to determine whether a waiver is granted:

(a) Previous analytical results.

(b) The proximity of the system to a potential point or non-point source of contamination.

Point sources include spills and leaks of chemicals at or near a water treatment facility, at manufacturing, distribution, or storage facilities or from hazardous and municipal wastehandling or treatment facilities. Non-point sources include the use of pesticides to control insect and weed pests in agricultural areas, forest lands, homes, and gardens and also include other land application uses.

(d) How well the water source is protected against contamination due to factors such as depth of the well, the type of soil, and the integrity of the well casing.

(e) Elevated nitrate levels at the water supply source.

(f) Use of PCBs in equipment that is used in the production, storage, or distribution of water.

(10) If a contaminant in R 325.10604d is detected in any sample, then all of the following provisions apply:

(a) Each supply shall monitor quarterly at each sampling point that resulted in a detection.

The department may decrease the quarterly monitoring requirement specified in this subrule if it has determined that the supply is reliably and consistently below the MCL. A groundwater supplier shall take not fewer than 2 quarterly samples and a surface water supplier shall take not fewer than 4 quarterly samples before this determination.

(b) After the department determines that the supply is reliably and consistently below the MCL, the department may allow the supply to monitor annually. Supplies that monitor annually shall monitor during the quarter that previously yielded the highest analytical result.

(c) A supplier that conducts 3 consecutive annual samples and does not detect a contaminant may apply to the department for a waiver as specified in subrule (9) of this rule.

(d) If monitoring results in detection of 1 or more of the following contaminants, then subsequent monitoring shall analyze for all the following related contaminants:

(i) Aldicarb.

(ii) Aldicarb sulfone.

(iii) Aldicarb sulfoxide.

(iv) Heptachlor.

(v) Heptachlor epoxide.

(11) A supplier that violates R 325.10604d shall monitor quarterly. If not fewer than 4 quarterly samples show that the supply is in compliance and the department determines the supply is reliably and consistently below the MCL, then the supplier shall monitor at the frequency specified in subrule (10)(b) of this rule.

(12) The department may require a confirmation sample for positive or negative results.

If a confirmation sample is required, then the result shall be averaged with the first sampling result and the average shall be used for the compliance determination. The department may delete results of obvious sampling errors from this calculation.

(13) The department may reduce the total number of samples a supplier is required to analyze by allowing the use of compositing. Composite samples from not more than 5 sampling points within the same system are allowed if the detection limit of the method used for the analysis is less than 1/5 of the MCL. Compositing of samples shall be done in the laboratory and shall be analyzed within 14 days of sample collection. Both of the following provisions apply to compositing:

(a) If the concentration in the composite sample detects 1 or more contaminants in R 325.10604d, then the supplier shall take a follow-up sample within 14 days from each sampling point included in the composite and shall analyze the sample for that contaminant.

(b) If duplicates of the original sample taken from each sampling point used in the composite are available, then the supplier may use these duplicates instead of resampling.

Duplicates shall be analyzed and the results reported to the department within 14 days after completion of the composite analysis or before the holding time is exceeded, whichever is sooner.

(14) If monitoring data that are collected after January 1, 1990, are generally consistent with the requirements of this rule, R 325.10604d, and R 325.10605, then the department may allow systems to use that data to satisfy the monitoring requirement for the initial compliance period.

(15) To detect variations within a system, due to fluctuations in concentration due to seasonal use or changes in water source, the department may increase the required monitoring frequency.

(16) A determination of compliance may be based upon analytical results and other information compiled by the department.

**History**
- *History: 1979 AC; 1984 AACS; 1989 AACS; 1993 AACS; 1994 AACS; 1998 AACS; 2000 AACS; 2005 AACS.*

##### **Mich. Admin. Code R 325.10717a** Rescinded {#sec-r-325.10717a omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10717a}

**History**
- *History: 1989 AACS; 1991 AACS; 1993 AACS; 1994 AACS.*

##### **Mich. Admin. Code R 325.10717b** Special monitoring {#sec-r-325.10717b omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10717b}

Rule 717b. (1) All of the following provisions apply to sodium monitoring:

(a) A community water supply shall collect and analyze 1 sample per plant at the entry point to the distribution system to determine sodium concentration levels. A community water supply is also considered "water supply" or "supply" in this rule. Samples shall be collected and analyzed annually for a supply that utilizes surface water sources in whole or in part and at least once every 3 years for a supply that utilizes solely ground water sources.

The minimum number of samples required to be taken by the supply shall be based on the number of treatment plants used by the supply, except that multiple wells drawing raw water from a single aquifer may be considered 1 treatment plant for determining the minimum number of samples.

(b) The supply shall report to the department the results of the analyses for sodium as required in R 325.10734(1). If the department requires more than annual sampling, then the supply shall report the average sodium concentration as required in R 325.10734(1) after taking the last sample used for the annual average.

(c) The supply shall notify the local health department of the sodium levels within 3 months in writing. The supply shall send a copy of the written notice to the state within 10 days of its issuance. The supply is not required to send written notice to the local health department when the department provides the notice instead of the supply.

(2) An analysis for a contaminant or parameter listed in this rule shall be conducted only by laboratories certified to conduct that analysis under part 27 of these rules or approved by the United States EPA.

2009 AACS.

**History**
- *History: 1989 AACS; 1991 AACS; 1993 AACS; 1994 AACS; 1998 AACS; 2002 AACS; 2005 AACS;*

##### **Mich. Admin. Code R 325.10717c** Rescinded {#sec-r-325.10717c omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10717c}

**History**
- *History: 1989 AACS; 1993 AACS; rescinded 2009 AACS.*

##### **Mich. Admin. Code R 325.10717d** Collection and analysis of samples for per- and polyfluoroalkyl substances {#sec-r-325.10717d omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10717d}

Rule 717d. (1) Suppliers of community and nontransient noncommunity water supplies shall collect samples and cause analyses to be made under this rule for per- and polyfluoroalkyl substances to determine compliance with the state drinking water standards in R 325.10604g. Each supplier shall monitor at the time designated by the department.

(2) For transient noncommunity and type III public water supplies, the department may require samples to be collected and analyzed at prescribed frequencies for per- and polyfluoroalkyl substances.

(3) A groundwater supplier shall take at least 1 sample at every entry point to the distribution system that is representative of each well after treatment, also known as sampling point. Each sample must be taken at the same sampling point unless conditions make another sampling point more representative of each source or treatment plant.

(4) A surface water supplier, or combined surface water and ground water, shall take at least 1 sample at points in the distribution system that are representative of each source or at each entry point to the distribution system after treatment, also known as sampling point.

Each sample must be taken at the same sampling point unless conditions make another sampling point more representative of each source or treatment plant.

(5) If a system draws water from more than 1 source and the sources are combined before distribution, then the supplier shall sample at an entry point to the distribution system during periods of normal operating conditions when water that is representative of all sources is being used.

(6) An existing supplier with one or more samples taken at each sampling point described in subrules (3), (4), or (5) of this rule as part of the State of Michigan’s 2018/2019 Statewide PFAS Survey shall conduct initial sampling as follows:

(a) A supplier with one or more sample results greater than 50% of the MCL for a contaminant listed in rule 10604g shall collect samples from each sampling point beginning the first full quarter following the effective date of this rule.

(b) A supplier with no detection or a detection less than or equal to 50% of the MCL for a contaminant listed in rule 10604g shall collect at least 1 sample from each sampling point within 6 months of the effective date of this rule.

(7) An existing supplier without sampling conducted under subrule (6) of this rule, shall collect samples beginning the first full quarter following the effective date of this rule.

(8) A new community or nontransient noncommunity water supply shall collect samples beginning the first full quarter following the initiation of operations.

(9) If the results of samples collected under subrules (6), (7), or (8) of this rule are below the reporting limits specified in R 325.12708, the department may allow the water supply to monitor annually.

(10) If a contaminant in R 325.10604g is detected above the reporting limit in any sample, then all of the following provisions apply:

(a) Each supply shall monitor quarterly at each sampling point that resulted in a detection. The department may decrease the quarterly monitoring requirement specified in this subrule if it has determined that the supply is reliably and consistently below the MCL.

A groundwater supplier shall take not fewer than 2 quarterly samples and a surface water supplier shall take not fewer than 4 quarterly samples before this determination.

(b) After the department determines that the supply is reliably and consistently below the MCL, the department may allow the supply to monitor annually.

(11) A supplier that violates R 325.10604g shall monitor quarterly. If not fewer than 4 quarterly samples show that the supply is in compliance and the department determines the supply is reliably and consistently below the MCL, then the department may allow the supply to monitor annually.

(12) The department may require confirmation sampling for positive or negative results.

If confirmation sampling is required, then the results must be averaged with the first sampling result and the average must be used for the compliance determination. The department may exclude results of obvious sampling errors from this calculation.

(13) The department may increase the required monitoring to detect variations within the system.

(14) All new supplies or supplies that use a new source of water shall demonstrate compliance with the MCLs before serving water to the public. The supply shall also comply with the initial sampling frequencies specified by the department.

**History**
- *History: 2020 AACS.*

##### **Mich. Admin. Code R 325.10718** Rescinded {#sec-r-325.10718 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10718}

**History**
- *History: 1979 AC; 1989 AACS.*

##### **Mich. Admin. Code R 325.10719** Rescinded {#sec-r-325.10719 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10719}

**History**
- *History: 1979 AC; 1984 AACS; 1989 AACS; 1993 AACS; 2003 AACS.*

##### **Mich. Admin. Code R 325.10719a** Rescinded {#sec-r-325.10719a omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10719a}

**History**
- *History: 1984 AACS; 2003 AACS; 2005 AACS.*

##### **Mich. Admin. Code R 325.10719b** Rescinded {#sec-r-325.10719b omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10719b}

**History**
- *History: 1984 AACS; 2005 AACS.*

##### **Mich. Admin. Code R 325.10719c** Rescinded {#sec-r-325.10719c omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10719c}

**History**
- *History: 1984 AACS; 2005 AACS.*

##### **Mich. Admin. Code R 325.10719d** Rescinded {#sec-r-325.10719d omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10719d}

**History**
- *History: 1984 AACS; 2003 AACS; 2005 AACS.*

##### **Mich. Admin. Code R 325.10719e** Disinfectant residuals, disinfection byproducts, and disinfection byproduct precursors; monitoring requirements {#sec-r-325.10719e omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10719e}

Rule 719e. (1) This rule applies as set forth in R 325.10610b. All of the following provisions are general monitoring requirements:

(a) Supplies shall take all samples during normal operating conditions.

(b) Supplies may consider multiple wells drawing water from a single aquifer as 1 treatment plant for determining the minimum number of TTHM and HAA5 samples required, with department approval. This approval will be granted in writing if the supply can demonstrate that the finished water quality characteristic of all entry points to the distribution system drawing from the identified aquifer, whether served by multiple wells or a single well, are similar and are expected to react alike in terms of the formation of disinfection byproducts. To demonstrate this, the supply shall arrange for a study to be prepared by an individual or firm considered qualified to perform this work, such as a hydrogeologist, geologist, or engineer. All of the following provisions apply to the study:

(i) The study shall consider well construction and geology, including all of the following:

(A) Well locations marked on a topographical map.

(B) Well depths.

(C) Well logs showing geological strata, identifying water production zones, screened or slotted areas, and grouting of the annular space.

(D) Static water levels.

(E) Aquifer studies and maps.

(F) Treatment applied.

(ii) The study shall consider water characteristics and chemistry of each well including all of the following:

(A) Field pH.

(B) Field temperatures.

(D) Total organic carbon.

(E) Analyses of common ions with a calculated cation/ion balance, such as calcium, magnesium, iron, manganese, sodium sulfate, alkalinity, and chloride.

(iii) The department may require disinfection byproducts monitoring at various entry points to the distribution system to determine if the study conclusions are correct.

(iv) Results of disinfection byproducts monitoring may be used instead of the study if all entry points to the distribution system drawing from the identified aquifer show that the levels are below the MCLs.

(c) Failure to monitor in accordance with the monitoring plan required under subrule (5) of this rule is a monitoring violation.

(d) Failure to monitor will be treated as a violation for the entire period covered by the annual average where compliance is based on a running annual average of monthly or quarterly samples or averages and the supply's failure to monitor makes it impossible to determine compliance with MCLs or MRDLs.

(e) Supplies shall use only data collected under this rule to qualify for reduced monitoring.

(2) All of the following provisions are monitoring requirements for disinfection byproducts:

(a) All of the following provisions are TTHM and HAA5 monitoring requirements:

(i) Supplies shall conduct routine monitoring at the frequency indicated in R 325.10719h.

(ii) Supplies may reduce monitoring, except as otherwise provided, under R 325.10719j.

(iii) To qualify for reduced monitoring for TTHM and HAA5 under R 325.10719j, subpart H supplies not subject to disinfection byproduct precursor monitoring under subrule (4) of this rule shall take monthly TOC samples every 30 days at a location before treatment. In addition to meeting other criteria for reduced monitoring in R 325.10719j, the source water TOC running annual average shall be less than or equal to 4.0 mg/L, based on the most recent 4 quarters of monitoring, on a continuing basis at each treatment plant to reduce or remain on reduced monitoring for TTHM and HAA5. Once qualified for reduced monitoring for TTHM and HAA5 under R 325.10719j, a supply may reduce source water TOC monitoring to quarterly TOC samples taken every 90 days at a location before treatment.

(b) Community and nontransient noncommunity water supplies adding chlorine dioxide shall conduct monitoring for chlorite under all of the following provisions:

(i) All of the following provisions are routine monitoring requirements:

(A) Each day, supplies shall take samples at the entrance to the distribution system. For any daily sample that exceeds the chlorite MCL, the supply shall take additional samples in the distribution system the following day at the locations required by paragraph (ii) of this subdivision, in addition to the sample required at the entrance to the distribution system.

(B) Each month, supplies shall take a 3-sample set in the distribution system. The supply shall take 1 sample at each of the following locations:

(1) Near the first customer.

(2) At a location representative of average residence time.

(3) At a location reflecting maximum residence in the distribution system.

Any additional routine sampling shall be conducted in the same manner, as 3-sample sets, at the specified locations. The supply may use the results of additional monitoring conducted under paragraph (ii) of this subdivision to meet the requirement for monitoring in this paragraph.

(ii) On each day following a routine sample monitoring result that exceeds the chlorite MCL at the entrance to the distribution system, the supply shall take 3 chlorite distribution system samples at each of the following locations:

(A) As close to the first customer as possible.

(B) In a location representative of average residence time.

(C) As close to the end of the distribution system as possible, reflecting maximum residence time in the distribution system.

(iii) Chlorite monitoring at the entrance to the distribution system required by paragraph (i)(A) of this subdivision may not be reduced. Chlorite monitoring in the distribution system required by paragraph (i)(B) of this subdivision may be reduced to 1 3-sample set per quarter after 1 year of monitoring where no individual chlorite sample taken in the distribution system under paragraph (i)(B) of this subdivision has exceeded the chlorite MCL and the supply has not been required to conduct monitoring under paragraph (ii) of this subdivision. The supply may remain on the reduced monitoring schedule until either any of the 3 individual chlorite samples taken quarterly in the distribution system under paragraph (i)(B) of this subdivision exceeds the chlorite MCL or the supply is required to conduct monitoring under paragraph (ii) of this subdivision, at which time the supply shall revert to routine monitoring.

(i) Supplies using ozone shall monitor for bromate by taking 1 sample per month at the entrance to the distribution system for each treatment plant in the supply using ozone.

(ii) A supply required to monitor for bromate may reduce monitoring from monthly to quarterly, if the supply's running annual average bromate concentration is less than or equal to 0.0025 mg/L based on monthly bromate measurements under paragraph (i) of this subdivision for the most recent 4 quarters. The supply may remain on reduced monitoring as long as the running annual average of quarterly bromate sample are less than or equal to 0.0025 mg/L. If the running annual average bromate concentration is greater than 0.0025 mg/L, the supply shall resume routine monitoring required by paragraph (i) of this subdivision.

(3) Both of the following provisions are monitoring requirements for disinfectant residuals:

(a) Community and nontransient noncommunity water supplies adding chlorine or chloramines shall measure the residual disinfectant level in the distribution system at the same point in the distribution system and at the same time as total coliforms are sampled, as specified in R 325.10704 to R 325.10709 until March 31, 2016 and as specified in R 325.10704d to R 325.10704h beginning April 1, 2016. Subpart H supplies may use the results of residual disinfectant concentration sampling conducted under filtration sampling requirements of R 325.10720(4) instead of taking separate samples. Monitoring shall not be reduced.

(b) All of the following provisions are chlorine dioxide monitoring requirements:

(i) Community, nontransient noncommunity, and transient noncommunity water supplies that use chlorine dioxide shall monitor for chlorine dioxide by taking daily samples at the entrance to the distribution system. For any daily sample that exceeds the MRDL, the supply shall take samples in the distribution system the following day at the locations required by paragraph (ii) of this subdivision, in addition to the sample required at the entrance to the distribution system.

(ii) On each day following a routine sample monitoring result that exceeds the MRDL, the supply shall take 3 chlorine dioxide distribution system samples. If chlorine dioxide or chloramines are used to maintain a disinfectant residual in the distribution system, or if chlorine is used to maintain a disinfectant residual in the distribution system and there are no disinfection addition points after the entrance to the distribution system, that is, no booster chlorination, the supply shall take 3 samples as close to the first customer as possible, at intervals of at least 6 hours. If chlorine is used to maintain a disinfectant residual in the distribution system and there are 1 or more disinfection addition points after the entrance to the distribution system, that is, booster chlorination, the supply shall take 1 sample at each of the following locations:

(A) As close to the first customer as possible.

(B) In a location representative of average residence time.

(C) As close to the end of the distribution system as possible, reflecting maximum residence time in the distribution system.

(iii) Chlorine dioxide monitoring may not be reduced.

(4) Monitoring requirements for disinfection byproduct precursors (DBPP) are as follows:

(a) Subpart H supplies using conventional filtration shall monitor each treatment plant for TOC not later than the point of combined filter effluent turbidity monitoring and representative of the treated water. Supplies shall also monitor for TOC in the source water before any treatment at the same time as monitoring for TOC in the treated water. These samples (source water and treated water) are referred to as "paired samples." At the same time as the source water sample is taken, supplies shall monitor for alkalinity in the source water before any treatment. Supplies shall take 1 paired sample and 1 source water alkalinity sample per month per plant at a time representative of normal operating conditions and influent water quality.

(b) Subpart H supplies with an average treated water TOC of less than 2.0 mg/l for 2 consecutive years, or less than 1.0 mg/l for 1 year, may reduce monitoring for both TOC and alkalinity to 1 paired sample and 1 source water alkalinity sample per plant per quarter.

The supply shall revert to routine monitoring in the month following the quarter when the annual average treated water TOC is greater than or equal to 2.0 mg/l.

(5) Supplies subject to this rule shall develop and implement a monitoring plan. The supply shall maintain the plan and make it available for inspection by the department and the general public not more than 30 days after the supply becomes subject to this rule, as indicated in R 325.10610b. Subpart H supplies serving more than 3,300 people shall submit a copy of the monitoring plan to the department not later than the date of the first report required under R 325.10719f. At a minimum, the plan shall include all of the following elements:

(a) Specific locations and schedules for collecting samples for parameters included in R 325.10610b, R 325.10610c, or this rule.

(b) The method the supply will use to calculate compliance with MCLs, MRDLs, and treatment techniques.

(c) If approved for monitoring as a consecutive supply, or if providing water to a consecutive supply, under of R 325.10733, the sampling plan shall reflect the entire distribution system.

**History**
- *History: 2003 AACS; 2009 AACS; 2015 AACS.*

##### **Mich. Admin. Code R 325.10719f** Disinfectant residuals, disinfection byproducts, and disinfection byproduct precursors; reporting and recordkeeping {#sec-r-325.10719f omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10719f}

Rule 719f. (1) Supplies required to monitor under R 325.10719e shall report to the department under this rule and R 325.10719n. Supplies required to sample quarterly or more frequently shall report to the department within 10 days after the end of each quarter in which samples were collected, notwithstanding the provisions of R 325.10734. Supplies required to sample less frequently than quarterly shall report to the department within 10 days after the end of each monitoring period in which samples were collected.

(2) Supplies shall report disinfection byproducts information specified in the following table:

If supply monitors under R 325.10719e(2) for...

Supply shall report...

(a) Chlorite (i) The number of entry point samples taken each month for the last 3 months.

(ii) The location, date, and result of each sample (both entry point and distribution system) taken during the last quarter.

(iii) For each month in the reporting period, the average of all samples taken in each 3-samples set taken in the distribution system.

(iv) Whether, based on R 325.10610b(2)(c), the MCL was violated, in which month, and how many times it was violated each month.

(b) Bromate (i) The number of samples taken during the last quarter.

(ii) The location, date, and result of each sample taken during the last quarter.

(iii) The average of the monthly averages of all samples taken in the last year.

(iv) Whether, based on R325.10610b(2)(b), the MCL was violated.

(3) Supplies shall report disinfectant information specified in the following table:

If supply monitors under R 325.10719e(3) for... supply shall report...

(a) Chlorine or chloramines (i) The number of samples taken during each month of the last quarter.

(ii) The monthly average of all samples taken in each month for the last 12 months.

(iii) The average of all monthly averages for the last 12 months.

(iv) Whether, based on R325.10610b(3)(a), the MRDL was violated.

(b) Chlorine dioxide (i) The dates, results, and locations of samples taken during the last quarter.

(ii) Whether, based on R 325.10610(3)(b), the MRDL was violated.

(iii) Whether the MRDL was exceeded in any 2 consecutive daily samples and whether the resulting violation was a tier 1 or tier 2 violation.

(4) Supplies shall report disinfection byproduct precursors and enhanced coagulation or enhanced softening information specified in the following table:

If supply monitors monthly or quarterly for TOC under R 325.10719e(4)...

Supply shall report...

(a) And is required to meet the enhanced coagulation or enhanced softening requirements in R 325.10610c(2)(b) or (c)

(i) The number of paired samples taken during the last quarter.

(ii) The location, date, and result of each paired sample and associated alkalinity taken during the last quarter.

(iii) For each month in the reporting period that paired samples were taken, the average of the percent reduction of TOC for each paired sample and the required TOC percent removal.

(iv) Calculations for determining compliance with the TOC percent removal requirements, as provided in R 325.10610c(3)(a).

(v) Whether the system is in compliance with the enhanced coagulation or enhanced softening percent removal requirements in R 325.10610c(2) for the last 4 quarters.

(b) And meets 1 or more of the alternative compliance criteria in R 325.10610c(1)(b) or (c)

(i) The number of paired samples taken during the last quarter.

(ii) The location, date, and result of each paired sample and associated alkalinity taken during the last quarter. (iii) The alternative compliance criterion that the system is using.

(iv) The running annual average based on monthly averages, or quarterly samples, of source water TOC for systems meeting a criterion in R 325.10610c(1)(b)(i) or (iii) or of treated water TOC for systems meeting the criterion in R 325.10610c(1)(b)(ii).

(v) The running annual average based on monthly averages, or quarterly samples, of source water SUVA for systems meeting the criterion in R 325.10610c(1)(b)(v) or of treated water SUVA for systems meeting the criterion in R 325.10610c(1)(b)(vi).

(vi) the running annual average of source water alkalinity for systems meeting the criterion in R 325.10610c(1)(b)(iii) and of treated water alkalinity for systems meeting the criterion in R 325.10610c(1)(c)(i).

(vii) The running annual average for both TTHM and HAA5 for systems meeting the criterion in R 325.10610c(1)(b)(iii).

(viii) The running annual average of the amount of magnesium hardness removal, as calcium carbonate, in mg/l, for systems meeting the criterion in R325.10610c(1)(c)(ii).

(ix) Whether the system is in compliance with the particular alternative compliance criterion in R 325.10610c(1)(b) or (c).

**History**
- *History: 2003 AACS; 2015 AACS.*

##### **Mich. Admin. Code R 325.10719g** Rescinded {#sec-r-325.10719g omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10719g}

**History**
- *History: 2003 AACS; 2015 AACS.*

##### **Mich. Admin. Code R 325.10719h** Disinfection byproducts; routine monitoring {#sec-r-325.10719h omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10719h}

Rule 719h. (1) A community or nontransient noncommunity water supply that is subject to disinfection byproducts requirements of R 325.10610d shall monitor at the location or locations and dates identified in the monitoring plan in R 325.10719e(5), updated as required by R 325.10719i. These community and noncommunity water supplies are also considered "water supplies" or "supplies" in this rule and R 325.10719i to R 325.10719n.

(2) The supply shall monitor at least the number of locations identified in the following table:

Source Water Type Population size category Monitoring Frequency Distribution system monitoring locations total per monitoring period Subpart Hless than 500per year2 Subpart H500 to 3,300per quarter2 Subpart H3,301 to 9,999per quarter2 Subpart H10,000 to 49,999per quarter4 Subpart H50,000 to 249,999per quarter8 Subpart H250,000 to 999,999per quarter12 Subpart H 1,000,000 to 4,999,999 per quarter 16 Subpart H greater than or equal to 5,000,000 per quarter 20 Groundwaterless than 500per year2 Groundwater500 to 9,999per year2 Groundwater10,000 to 99,999per quarter4 Groundwater100,000 to 499,999per quarter6 Groundwater greater than or equal to 500,000 per quarter 8 All supplies shall monitor during month of highest DBP concentrations.

Supplies on quarterly monitoring shall take dual sample sets every 90 days at each monitoring location, except for subpart H supplies serving 500 to 3,300. Groundwater supplies serving 500-9,999 on annual monitoring shall take dual sample sets at each monitoring location. All other supplies on annual monitoring and subpart H supplies serving 500 to 3,300 shall take individual TTHM and HAA5 samples (instead of a dual sample set) at the locations with the highest TTHM and HAA5 concentrations, respectively. For supplies serving fewer than 500 people, only 1 location with a dual sample set per monitoring period is needed if the highest TTHM and HAA5 concentrations occur at the same location and month.

(3) An undisinfected supply that begins using a disinfectant other than UV light shall consult with the department to identify compliance monitoring locations for TTHM and HAA5 under R 325.10610d and R 325.10719h to R 325.10719n. The supply shall then develop a monitoring plan under R 325.10719i that includes those monitoring locations.

**History**
- *History: 2009 AACS; 2015 AACS.*

##### **Mich. Admin. Code R 325.10719i** Disinfection byproducts; monitoring plan {#sec-r-325.10719i omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10719i}

Rule 719i. (1) Both of the following provisions apply to developing the monitoring plan for community or nontransient noncommunity water supplies that are subject to disinfection byproducts requirements of R 325.10610d:

(a) The supply shall develop and implement a monitoring plan to be kept on file for department and public review. The monitoring plan shall contain all of the following elements and be complete not later than the date the supply conducts the initial monitoring under TTHM and HAA5 provisions of R 325.10610d and R 325.10719h to R 325.10719n:

(i) Monitoring locations.

(ii) Monitoring dates.

(iii) Compliance calculation procedures.

(iv) Monitoring plans for the other supplies in the combined distribution system if the department has reduced monitoring requirements under R 325.10733.

(b) A supply shall identify monitoring locations by alternating selection of locations representing high TTHM levels and high HAA5 levels until the required number of monitoring locations have been identified for compliance with R 325.10719h to R 325.10719j. The supply shall also provide the rationale for identifying the locations as having high levels of TTHM or HAA5.

(2) A subpart H supply serving greater than 3,300 people shall submit a copy of the monitoring plan to the department before the date the supply conducts the initial monitoring under TTHM and HAA5 provisions of R 325.10610d and R 325.10719h to R 325.10719n.

(3) The supply may revise the monitoring plan to reflect changes in treatment, distribution system operations and layout, including new service areas, or other factors that may affect TTHM or HAA5 formation, or for department approved reasons, after consultation with the department regarding the need for changes and the appropriateness of changes. If the supply changes monitoring locations, the supply shall replace existing compliance monitoring locations with the lowest LRAA with new locations that reflect the current distribution system locations with expected high TTHM or HAA5 levels. The department may also require modifications in the monitoring plan. A subpart H supply serving greater than 3,300 people shall submit a copy of the modified monitoring plan to the department before the date the supply is required to comply with the revised monitoring plan.

**History**
- *History: 2009 AACS; 2015 AACS.*

##### **Mich. Admin. Code R 325.10719j** Disinfection byproducts; reduced monitoring {#sec-r-325.10719j omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10719j}

Rule 719j. (1) The community or nontransient noncommunity water supply that is subject to disinfection byproducts requirements of R 325.10610d may reduce monitoring any time the LRAA is less than or equal to 0.040 mg/L for TTHM and less than or equal to 0.030 mg/L for HAA5 at all monitoring locations. The supply may only use data collected under R 325.10610b to R 325.10610d, R 325.10719e to R 325.10719f, and R 325.10719h to R 325.10719n to qualify for reduced monitoring. In addition, the source water annual average TOC level, before treatment, shall be less than or equal to 4.0 mg/L at each treatment plant treating surface water or groundwater under the direct influence of surface water, based on monitoring conducted under either R 325.10719e(2)(a)(3) or R 325.10719e(4). Reduced monitoring shall be to the level specified in the following table:

Source Water Type Population size category Monitoring Frequency * Distribution system monitoring location per monitoring period Subpart Hless than 500monitoring may not be reduced Subpart H 500 to 3,300 per year 1 TTHM and 1 HAA5 sample: 1 at the location and during the quarter with the highest TTHM single measurement, 1 at the location and during the quarter with the highest HAA5 single measurement; 1 dual sample set per year if the highest TTHM and HAA5 measurements occurred at the same location and quarter.

Subpart H 3,301 to 9,999 per year 2 dual sample sets: 1 at the location and during the quarter with the highest TTHM single measurement, 1 at the location and during the quarter with the highest HAA5 single measurement.

Subpart H 10,000 to 49,999 per quarter 2 dual sample sets at the locations with the highest TTHM and highest HAA5 LRAAs.

Subpart H 50,000 to 249,999 per quarter 4 dual sample sets--at the locations with the 2 highest TTHM and 2 highest HAA5 LRAAs.

Subpart H 250,000 to 999,999 per quarter 6 dual sample sets--at the locations with the 3 highest TTHM and 3 highest HAA5 LRAAs.

Subpart H 1,000,000 to 4,999,999 per quarter 8 dual sample sets--at the locations with the 4 highest TTHM and 4 highest HAA5 LRAAs.

Subpart H greater than or equal to 5,000,000 per quarter 10 dual sample sets--at the locations with the 5 highest TTHM and 5 highest HAA5 LRAAs.

Groundwater less than 500 every third year 1 TTHM and 1 HAA5 sample: 1 at the location and during the quarter with the highest TTHM single measurement, 1 at the location and during the quarter with the highest HAA5 single measurement; 1 dual sample set per year if the highest TTHM and HAA5 measurements occurred at the same location and quarter.

Groundwater 500 to 9,999 per year 1 TTHM and 1 HAA5 sample: 1 at the location and during the quarter with the highest TTHM single measurement, 1 at the location and during the quarter with the highest HAA5 single measurement; 1 dual sample set per year if the highest TTHM and HAA5 measurements occurred at the same location and quarter.

Groundwater 10,000 to 99,999 per year 2 dual sample sets: 1 at the location and during the quarter with the highest TTHM single measurement, 1 at the location and during the quarter with the highest HAA5 single measurement.

Groundwater 100,000 to 499,999 per quarter 2 dual sample sets; at the locations with the highest TTHM and highest HAA5 LRAAs.

Groundwater greater than or equal to 500,000 per quarter 4 dual sample sets at the locations with the 2 highest TTHM and 2 highest HAA5 LRAAs. * Supplies on quarterly monitoring shall take dual sample sets every 90 days.

(2) The supply may remain on reduced monitoring as long as the TTHM LRAA less than or equal to 0.040 mg/L and the HAA5 LRAA less than or equal to 0.030 mg/L at each monitoring location (for supplies with quarterly reduced monitoring) or each TTHM sample less than or equal to 0.060 mg/L and each HAA5 sample less than or equal to 0.045 mg/L (for supplies with annual or less frequent monitoring). In addition, the source water annual average TOC level, before treatment, shall be less than or equal to 4.0 mg/L at each treatment plant treating surface water or groundwater under the direct influence of surface water, based on monitoring conducted under either R 325.10719e(2)(a)(iii) or R 325.10719e(4).

(3) If the LRAA based on quarterly monitoring at a monitoring location exceeds either 0.040 mg/L for TTHM or 0.030 mg/L for HAA5 or if the annual (or less frequent) sample at a location exceeds either 0.060 mg/L for TTHM or 0.045 mg/L for HAA5, or if the source water annual average TOC level, before treatment, is greater than 4.0 mg/L at a treatment plant treating surface water or groundwater under the direct influence of surface water, the supply shall resume routine monitoring under R 325.10719h or begin increased monitoring if R 325.10719k applies.

(4) The department may return the supply to routine monitoring under R 325.10732.

**History**
- *History: 2009 AACS.*

##### **Mich. Admin. Code R 325.10719k** Disinfection byproducts; conditions requiring increased monitoring {#sec-r-325.10719k omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10719k}

Rule 719k. (1) A community or nontransient noncommunity water supply that is subject to disinfection byproducts requirements of R 325.10610d and that is required to monitor at a particular location annually or less frequently than annually under routine monitoring in R 325.10719h or reduced monitoring in R 325.10719j shall increase monitoring to dual sample sets once per quarter, taken every 90 days, at all locations if a TTHM sample is greater than 0.080 mg/L or a HAA5 sample is greater than 0.060 mg/L at any location.

(2) The supply is in violation of the MCL when the LRAA exceeds the MCLs in R 325.10610 (2), calculated based on 4 consecutive quarters of monitoring, or the LRAA calculated based on fewer than 4 quarters of data if the MCL would be exceeded regardless of the monitoring results of subsequent quarters. The supply is in violation of the monitoring requirements for each quarter that a monitoring result would be used in calculating an LRAA if the supply fails to monitor.

(3) The supply may return to routine monitoring once the supply has conducted increased monitoring for not less than 4 consecutive quarters and the LRAA for every monitoring location is less than or equal to 0.060 mg/L for TTHM and less than or equal to 0.045 mg/L for HAA5.

**History**
- *History: 2009 AACS.*

##### **Mich. Admin. Code R 325.10719l** Disinfection byproducts: operational evaluation levels {#sec-r-325.10719l omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10719l}

Rule 719l. (1) The community or nontransient noncommunity water supply that is subject to disinfection byproducts requirements of R 325.10610d has exceeded the operational evaluation level at a monitoring location where the sum of the 2 previous quarters' TTHM results plus twice the current quarter's TTHM result, divided by 4 to determine an average, exceeds 0.080 mg/L, or where the sum of the 2 previous quarters' HAA5 results plus twice the current quarter's HAA5 result, divided by 4 to determine an average, exceeds 0.060 mg/L.

(2) Both of the following provisions apply to operational evaluations:

(a) A supply that exceeds the operational evaluation level shall conduct an operational evaluation and submit a written report of the evaluation to the department not later than 90 days after being notified of the analytical result that causes the supply to exceed the operational evaluation level. The written report shall be made available to the public upon request.

(b) The operational evaluation shall include an examination of system treatment and distribution operational practices, including storage tank operations, excess storage capacity, distribution system flushing, changes in sources or source water quality, and treatment changes or problems that may contribute to TTHM and HAA5 formation and what steps could be considered to minimize future exceedences. Both of the following provisions apply to limiting the scope of the operational evaluation:

(i) The supply may request and the department may allow the supply to limit the scope of the evaluation if the supply is able to identify the cause of the operational evaluation level exceedance.

(ii) The request to limit the scope of the evaluation does not extend the schedule in subdivision (a) of this subrule for submitting the written report. The department shall approve this limited scope of evaluation in writing and the supply shall keep that approval with the completed report.

**History**
- *History: 2009 AACS.*

##### **Mich. Admin. Code R 325.10719m** Rescinded {#sec-r-325.10719m omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10719m}

**History**
- *History: 2009 AACS; 2015 AACS.*

##### **Mich. Admin. Code R 325.10719n** Disinfection byproducts; reporting and recordkeeping requirements {#sec-r-325.10719n omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10719n}

Rule 719n. (1) A community or nontransient noncommunity water supply that is subject to disinfection byproducts requirements of R 325.10610d shall report all of the following:

(a) The supply shall report all of the following information for each monitoring location to the department within 10 days of the end of a quarter in which monitoring is required:

(i) Number of samples taken during the last quarter.

(ii) Date and results of each sample taken during the last quarter.

(iii) Arithmetic average of quarterly results for the last 4 quarters for each monitoring location (LRAA), beginning at the end of the fourth calendar quarter that follows the compliance date and at the end of each subsequent quarter. If the LRAA calculated based on fewer than 4 quarters of data would cause the MCL to be exceeded regardless of the monitoring results of subsequent quarters, the supply shall report this information to the department as part of the first report due following the compliance date or anytime thereafter that this determination is made. If the supply is required to conduct monitoring at a frequency that is less than quarterly, the supply shall make compliance calculations beginning with the first compliance sample taken after the compliance date, unless the supply is required to conduct increased monitoring under R 325.10719k.

(iv) Whether, based on R 325.10610(2), R 325.10610d and R 325.10719h to R 325.10719n, the MCL was violated at a monitoring location.

(v) Any operational evaluation levels that were exceeded during the quarter and, if so, the location and date, and the calculated TTHM and HAA5 levels.

(b) A subpart H supply that is seeking to qualify for or remain on reduced TTHM/HAA5 monitoring shall report all of the following source water TOC information for each treatment plant that treats surface water or groundwater under the direct influence of surface water to the department within 10 days of the end of a quarter in which monitoring is required:

(i) The number of source water TOC samples taken each month during last quarter.

(ii) The date and result of each sample taken during last quarter.

(iii) The quarterly average of monthly samples taken during last quarter or the result of the quarterly sample.

(iv) The running annual average (RAA) of quarterly averages from the past 4 quarters.

(v) Whether the RAA exceeded 4.0 mg/L.

(c) The department may choose to perform calculations and determine whether the MCL was exceeded or the supply is eligible for reduced monitoring instead of having the supply report that information.

(2) The supply shall retain monitoring plans and monitoring results of monitoring conducted under R 325.10610d and R 325.10719h to R 325.10719n, as required by R 325.11506 (1) (g).

**History**
- *History: 2009 AACS.*

##### **Mich. Admin. Code R 325.10720** Filtration and disinfection; filtration sampling requirements {#sec-r-325.10720 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10720}

Rule 720. (1) Subpart H supplies shall monitor under this rule to determine compliance with R 325.10611a and R 325.10611b.

(2) All of the following provisions are turbidity monitoring requirements:

(a) Supplies shall collect samples and perform measurements for turbidity at locations representative of filtered water at regular intervals at least once every 4 hours while the treatment plant is in operation.

(b) A public water supply may substitute continuous turbidity monitoring for grab sample monitoring if the continuous measurement is validated for accuracy on a regular basis using a protocol approved by the department. Readings taken from a continuous recording turbidimeter at regular intervals at least once every 4 hours may be used to determine compliance with the treatment technique under R 325.10611b. The turbidimeter shall be calibrated using the procedure specified by the manufacturer.

(c) Supplies using conventional or direct filtration shall conduct continuous monitoring of turbidity for each individual filter and shall calibrate turbidimeters using the procedure specified by the manufacturer. Supplies shall record the results of individual filter monitoring every 15 minutes.

(d) If there is a failure in the continuous turbidity monitoring equipment described in subdivision (c) of this subrule, then the supply shall conduct grab sampling every 4 hours instead of continuous monitoring, but for not more than 5 working days after the failure of the equipment for supplies serving 10,000 or more people or 14 days for supplies serving fewer than 10,000 people before a violation is incurred.

(e) If the supply serves fewer than 10,000 people and consists of only 2 or fewer filters, then the supply may conduct continuous monitoring of combined filter effluent turbidity instead of individual filter effluent turbidity monitoring. Continuous monitoring shall meet the same requirements in subdivisions (c) and (d) of this subrule.

(3) All of the following provisions are disinfectant residual monitoring requirements at the entry points to the distribution system:

(a) Supplies serving more than 3,300 people shall monitor for residual disinfectant concentration at an entry point to the distribution system on a continuous basis and record the lowest value each day. If there is a failure in the continuous monitoring equipment, the supply may take grab samples every 4 hours instead of continuous monitoring, but for no more than 5 working days following the failure of the equipment.

(b) Supplies serving fewer than 3,301 people shall monitor for residual disinfectant concentration at an entry point to the distribution system at a frequency set forth in table 1 of this rule, and, if more than 1 sample is required per day, supplies shall collect samples at times evenly spaced throughout the operational day.

Table 1 Residual disinfectant concentration sampling frequencies Supply size by populationSamples per day 500 or fewer people1 501 to 1,000 people2 1,001 to 2,500 people3 2,501 to 3,300 people4 (c) Under R 325.10611a, supplies shall maintain a residual disinfectant concentration entering the distribution system of not less than 0.2 milligrams per liter. If the residual disinfectant concentration drops below this level at any time, then the supply shall notify the department as soon as possible, but not later than the end of the next business day. In addition, the supply shall notify the department by the end of the next business day whether or not the residual disinfectant concentration was restored to not less than 0.2 milligrams per liter within 4 hours.

(4) The residual disinfectant concentration shall be measured, at least, at the same points in the distribution system and at the same time as total coliforms are sampled, as specified in R 325.10704 to R 325.10709 until March 31, 2016 and as specified in R 325.10704d to R 325.10704h beginning April 1, 2016. The department may allow a public water supply which uses both a surface water source or a ground water source under direct influence of surface water, and a ground water source, to take disinfectant residual samples at points other than the total coliform sampling points if the department determines that those points are more representative of treated (disinfected) water quality within the distribution system.

Heterotrophic bacteria, measured as heterotrophic plate count (HPC) as adopted by reference in R 325.10605, may be measured instead of residual disinfectant concentration.

**History**
- *History: 1979 AC; 1991 AACS; 1993 AACS; 2003 AACS; 2005 AACS; 2009 AACS; 2015 AACS.*

##### **Mich. Admin. Code R 325.10720a** Filtration and disinfection; reporting and recordkeeping {#sec-r-325.10720a omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10720a}

Rule 720a. (1) Suppliers required to monitor under R 325.10720 shall comply with reporting and recordkeeping requirements specified in R 325.11502 and shall report to the department the information required in this rule within 10 days after the end of each month the system serves water to the public, unless otherwise required.

(2) Suppliers shall report turbidity measurements required under R 325.10611b and shall include all of the following information:

(a) The total number of filtered water turbidity measurements taken during the month.

(b) The number and percentage of filtered water turbidity measurements taken during the month that are less than or equal to the turbidity limits under R 325.10611b(1)(a)(ii), (b)(ii), or (c)(ii).

(c) The date and value of any turbidity measurements taken during the month that exceed the applicable maximum turbidity value in R 325.10611b(1)(a)(i), (b)(i), or (c)(i).

(3) Suppliers shall report that they have conducted individual filter turbidity monitoring under R 325.10720(2)(c) and (d). Suppliers shall report individual turbidity measurements only if measurements demonstrate 1 or more of the conditions in subdivisions (a) to (d) of this subrule. A Supply that uses lime softening may apply to the department for alternative turbidity exceedance levels for the levels specified in subdivisions (a) to (d) of this subrule if it can demonstrate that higher turbidity levels in individual filters are due to lime carryover only and not due to degraded filter performance. Individual filter monitoring reporting requirements are as follows:

(a) For any individual filter, or combined filter effluent for systems that monitor combined filter effluent instead of individual filters, that has a measured turbidity level of more than 1.0 ntu in 2 consecutive measurements taken 15 minutes apart, the supplier shall report the filter number, the turbidity measurement, and the date or dates on which the exceedance occurred. In addition, the supplier shall report the cause for the exceedance, if known. A supplier of a system serving 10,000 or more people that cannot identify an obvious reason for the abnormal filter performance shall produce a filter profile within 7 days of the exceedance and report that the profile has been produced.

(b) For any individual filter that has a measured turbidity level of more than 0.5 ntu in 2 consecutive measurements taken 15 minutes apart at the end of the first 4 hours of continuous filter operation after the filter has been backwashed or otherwise taken offline, the supplier of a system serving 10,000 or more people shall report the filter number, the turbidity measurement, and the date or dates on which the exceedance occurred. In addition, the supplier shall either produce a filter profile for the filter within 7 days of the exceedance and report that the profile has been produced, or report the obvious reason for the exceedance.

(c) For any individual filter, or combined filter effluent for systems that monitor combined filter effluent instead of individual filters, that has a measured turbidity level of more than 1.0 ntu in 2 consecutive measurements taken 15 minutes apart at any time in each of 3 consecutive months, the supplier shall report the filter number, the turbidity measurement, and the date or dates on which the exceedance occurred. In addition, the supplier shall conduct a self assessment of the filter, unless a comprehensive performance evaluation as specified in subdivision (d) of this subrule was required. If a self assessment is required, then the supplier of a system serving 10,000 or more people shall complete it within 14 days after it was triggered and the supplier of a system serving fewer than 10,000 people shall complete it by the 10th of the following month, or within 14 days if it was triggered during the last 4 days of the month. A supplier that monitors combined filter effluent instead of individual filters under R 325.10720(2)(e), shall conduct a self assessment on both filters. The supplier shall report the date the self assessment was completed. The self assessment shall consist of at least all of the following components:

(i) Assessment of filter performance.

(ii) Development of a filter profile.

(iii) Identification and prioritization of factors limiting filter performance.

(iv) Assessment of the applicability of corrections.

(v) Preparation of a filter self assessment report.

(d) For any individual filter, or combined filter effluent for systems that monitor combined filter effluent instead of individual filters, that has a measured turbidity level of more than 2.0 ntu in 2 consecutive measurements taken 15 minutes apart at any time in each of 2 consecutive months, the supplier shall report the filter number, the turbidity measurement, and the date or dates on which the exceedance occurred. In addition, the supplier shall arrange for the conduct of a comprehensive performance evaluation by the department or a third party approved by the department. Either of the following provisions apply:

(i) For a system serving 10,000 or more people, the comprehensive performance evaluation shall be arranged to be conducted not later than 30 days after the day the filter exceeded 2.0 ntu in 2 consecutive measurements for the second straight month. The evaluation shall be completed and submitted to the department not later than 90 days after the day it was triggered.

(ii) For a system serving fewer than 10,000 people, a new comprehensive performance evaluation is not required if 1 has been completed by the department, or a third party approved by the department, within the 12 previous months or if the system and the department are jointly participating in an ongoing comprehensive technical assistance project at the system.Suppliers shall report that a comprehensive performance evaluation is required, if it is required, and the date the filter exceeded 2.0 ntu in 2 consecutive measurements for the second straight month. The comprehensive performance evaluation shall be arranged to be conducted not later than 60 days after the day the filter exceeded 2.0 ntu in 2 consecutive measurements for the second straight month. The evaluation shall be completed and submitted to the department not later than 120 days after the day it was triggered.

(4) The supplier shall consult with the department as soon as practical, but not later than 24 hours after the exceedance is known, if the turbidity level of representative samples of filtered water at any time exceeds the levels in R 325.10611b(1)(a)(i), (b)(i), or (c)(i).

(5) A supplier that is required to conduct disinfection profiling and benchmarking shall report both of the following:

(a) Results of optional monitoring performed that show TTHM and HAA5 levels below 0.064 mg/l and 0.048 mg/l, respectively.

(b) If a supplier is considering a significant change to its disinfection practice, then the supplier shall report a description of the proposed change in disinfection, the system's disinfection profile for Giardia lamblia, and, if necessary, viruses, and disinfection benchmark, and an analysis of how the proposed change will affect the current levels of disinfection.

**History**
- *History: 2003 AACS; 2005 AACS.*

##### **Mich. Admin. Code R 325.10720b** Enhanced treatment for Cryptosporidium; source water monitoring {#sec-r-325.10720b omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10720b}

Rule 720b. (1) This rule applies to subpart H supplies as set forth in R 325.10611d.

(2) Title 40 CFR part 141 Subpart W sections pertaining to source water monitoring requirements, being 40 CFR §141.701 to 40 CFR §141.707, (2008), are adopted by reference, except that provisions pertaining to unfiltered systems are not adopted by reference as specified in subdivision (c) of this subrule. The adopted material is contained in Title 40 CFR parts 136 to 149 which is available for purchase for $64.00 at the time of adoption of these rules from the superintendent of documents at the address in R 325.10116(b). The adopted material is available for inspection and a copy is available at no cost from the offices of the department at the address in R 325.10116(a). All of the following apply to the adopted material:

(a) Subpart W consists of all of the following sections of Title 40 CFR part 141:

(i) 40 CFR §141.701 Source water monitoring.

(ii) 40 CFR §141.702 Sampling schedules.

(iii) 40 CFR §141.703 Sampling locations.

(iv) 40 CFR §141.704 Analytical methods.

(v) 40 CFR §141.705 Approved laboratories.

(vi) 40 CFR §141.706 Reporting source water monitoring results.

(vii) 40 CFR §141.707 Grandfathering previously collected data.

(b) For the purposes of this rule, the following substitutions shall be made for terms used in the portions of 40 CFR part 141 listed in subdivision (a) of this subrule.

(i) "§141.74" means R 325.10605.

(ii) "§141.173(b) or §141.552(a), as applicable," means R 325.10611b(3).

(iii) "§141.710 or §141.712" means R 325.10611e.

(iv) "§141.710 or determination of the mean Cryptosporidium level under §141.712, as applicable" means R 325.10611e.

(v) "§141.710(b)(5) or §141.712(a)(3), as applicable," means R 325.10611e(2)(e).

(vi) "§141.711" means R 325.10611f.

(vii) "§141.711 or §141.712, as applicable," means R 325.10611f.

(viii) "§141.713" means R 325.10611g.

(ix) "§141.717(c)" means R 325.10611j(3).

(x) "EPA" means the U.S. Environmental Protection Agency.

(xi) "State" means department.

(i) 40 CFR §141.701(a)(2).

(ii) 40 CFR §141.701(a)(6).

(iii) 40 CFR §141.701(d)(2).

(iv) Other portions of 40 CFR §141.701 pertaining to unfiltered water systems.

**History**
- *History: 2009 AACS.*

##### **Mich. Admin. Code R 325.10720c** Enhanced treatment for Cryptosporidium; disinfection profiling and benchmarking; making significant change in disinfection practice {#sec-r-325.10720c omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10720c}

Rule 720c. Following the completion of initial source water monitoring under 40 CFR 141.701(a), as adopted by reference in R 325.10720b, a Subpart H supply that is subject to R 325.10611d and that plans to make a significant change to its disinfection practice, as defined in R 325.10722(4)(a), shall develop disinfection profiles and calculate disinfection benchmarks for Giardia lamblia and viruses as described in R 325.10720d.

Before changing the disinfection practice, the Subpart H supply shall notify the department and shall include in this notice all of the information in R 325.10722(4)(b)(i) to (iv).

**History**
- *History: 2009 AACS.*

##### **Mich. Admin. Code R 325.10720d** Enhanced treatment for Cryptosporidium; developing disinfection profile and benchmark {#sec-r-325.10720d omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10720d}

Rule 720d. (1) Subpart H supplies required to develop disinfection profiles under R 325.10720c shall follow the requirements of this rule. These Subpart H supplies are also considered "supplies" in this rule. Supplies shall monitor under subrule (2) of this rule to determine the total log inactivation for Giardia lamblia and viruses. Supplies shall determine log inactivation for Giardia lamblia through the entire plant, based on the protocol in R 325.10722(3)(b). Supplies shall determine log inactivation for viruses through the entire treatment plant, based on the protocol in R 325.10722(3)(c).

(2) Subpart H supplies with a single point of disinfectant application before the entrance to the distribution system shall conduct the monitoring in R 325.10722(3)(a). Supplies with more than 1 point of disinfectant application shall conduct the monitoring in R 325.10722(3)(a) for each disinfection segment. Subpart H supplies shall monitor the parameters necessary to determine the total inactivation ratio.

(3) Instead of conducting new monitoring under subrule (2) of this rule, Subpart H supplies may elect to meet the requirements of either of the following:

(a) Supplies that have at least 1 year of existing data that are substantially equivalent to data collected under R 325.10722(3)(a) to meet the requirements of subule (2) of this rule may use these data to develop disinfection profiles as specified in this rule if the supply has neither made a significant change to its treatment practice nor changed sources since the data were collected. Supplies may develop disinfection profiles using up to 3 years of existing data.

(b) Supplies may use a disinfection profile or profiles developed under R 325.10722 instead of developing a new profile if the supply has neither made a significant change to its treatment practice nor changed sources since the profile was developed. Supplies that have not developed a virus profile under R 325.10722 shall develop a virus profile using the same monitoring data on which the Giardia lamblia profile is based.

(4) Subpart H supplies shall calculate the total inactivation ratio for Giardia lamblia using the protocol in R 325.10722(3)(b). Supplies shall calculate the log of inactivation for viruses using the protocol in R 325.10722(3)(c).

(5) Subpart H supplies shall use the procedures in R 325.10722(4)(c) to calculate a disinfection benchmark.

**History**
- *History: 2009 AACS; 2015 AACS.*

##### **Mich. Admin. Code R 325.10720e** Enhanced treatment for Cryptosporidium; reporting and recordkeeping requirements {#sec-r-325.10720e omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10720e}

Rule 720e. (1) Subpart H supplies that are subject to R 325.10611d shall report sampling schedules under 40 CFR §141.702 and source water monitoring results under 40 CFR §141.706 unless they notify the department that they will not conduct source water monitoring due to meeting the criteria of 40 CFR §141.701(d). These Subpart H supplies are also considered "supplies" in this rule. The department adopts 40 CFR §141.701, 40 CFR §141.702, and 40 CFR §141.706 by reference in R 325.10720b.

(2) Supplies shall report their Cryptosporidium bin classification as described in R 325.10611e.

(3) Supplies shall report disinfection profiles and benchmarks to the department as described in R 325.10720c to R 325.10720d before making a significant change in disinfection practice.

(4) Supplies shall report to the department under the following table for the microbial toolbox options used to comply with treatment requirements under R 325.10611f.

Alternatively, the department may approve a supply to certify operation within required parameters for treatment credit rather than reporting monthly operational data for toolbox options.

Microbial Toolbox Reporting Requirements Toolbox option Supplies shall submit all of the following information:

On the following schedule:

(a) Watershed control program (WCP)

(i) Notice of intention to develop a new or continue an existing watershed control program.

Not later than 2 years before the applicable treatment compliance date in R 325.10611g.

(ii) Watershed control plan Not later than 1 year before the applicable treatment compliance date in R 325.10611g.

(iii) Annual watershed control program status report.

Every 12 months, beginning 1 year after the applicable treatment compliance date in R 325.10611g.

(iv) Watershed sanitary survey report.

For community water supplies, every 3 years beginning 3 years after the applicable treatment compliance date in R 325.10611g. For noncommunity water supplies, every 5 years beginning 5 years after the applicable treatment compliance date in R 325.10611g.

(b) Alternative source/intake management Verification that supply has relocated the intake or adopted the intake withdrawal procedure reflected in monitoring results.

Not later than the applicable treatment compliance date in R 325.10611g.

(i) Continuous basin operation.

(ii) Treatment of 100% of the flow.

(iii) Continuous addition of a coagulant.

(iv) Not less than 0.5-log mean reduction of influent turbidity or compliance with alternative department approved performance criteria.

Monthly reporting within 10 days following the month in which the monitoring was conducted, beginning on the applicable treatment compliance date in R 325.10611g.

Toolbox option Supplies shall submit all of the following information:

On the following schedule:

(d) 2-stage lime softening Monthly verification of both of the following:

(i) Chemical addition and hardness precipitation occurred in 2 separate and sequential softening stages before filtration.

(ii) Both stages treated 100% of the plant flow.

Monthly reporting within 10 days following the month in which the monitoring was conducted, beginning on the applicable treatment compliance date in R 325.10611g.

(e) Bank filtration (i) Initial demonstration of both of the following:

(A) Unconsolidated, predominantly sandy aquifer.

(B) Setback distance of not less than 25 ft. (0.5log credit) or 50 ft. (1.0log credit).

Not later than the applicable treatment compliance date in R 325.10611g.

(ii) If monthly average of daily max turbidity is greater than 1 NTU then supply shall report result and submit an assessment of the cause.

Report within 30 days following the month in which the monitoring was conducted, beginning on the applicable treatment compliance date in R 325.10611g.

(f) Combined filter performance Monthly verification of combined filter effluent (CFE) turbidity levels less than or equal to 0.15 NTU in not less than 95% of the 4-hour CFE measurements taken each month.

Monthly reporting within 10 days following the month in which the monitoring was conducted, beginning on the applicable treatment compliance date in R 325.10611g.

Toolbox option Supplies shall submit all of the following information:

On the following schedule:

(g) Individual filter performance Monthly verification of both of the following:

(i) Individual filter effluent (IFE ) turbidity levels less than or equal to 0.15 NTU in not less than 95% of samples each month in each filter.

(ii) No individual filter greater than 0.3 NTU in 2 consecutive readings 15 minutes apart.

Monthly reporting within 10 days following the month in which the monitoring was conducted, beginning on the applicable treatment compliance date in R 325.10611g.

(h) Demonstration of performance (i) Results from testing following a department approved protocol.

Not later than the applicable treatment compliance date in R 325.10611g.

(ii) As required by the department, monthly verification of operation within conditions of department approval for demonstration of performance credit.

Within 10 days following the month in which monitoring was conducted, beginning on the applicable treatment compliance date in R 325.10611g.

(i) Bag filters and cartridge filters (i) Demonstration that both of the following criteria are met:

(A) Process meets the definition of bag or cartridge filtration.

(B) Removal efficiency established through challenge testing that meets criteria in R 325.10611d to R 325.10611n and R 325.10720b to R 325.10720e.

Not later than the applicable treatment compliance date in R 325.10611g.

(ii) Monthly verification that 100% of plant flow was filtered.

Within 10 days following the month in which monitoring was conducted, beginning on the applicable treatment compliance date in R 325.10611g.

Toolbox option Supplies shall submit all of the following information:

On the following schedule:

(j) Membrane filtration (i) Results of verification testing demonstrating both of the following:

(A) Removal efficiency established through challenge testing that meets criteria in R 325.10611d to R 325.10611n and R 325.10720b to R 325.10720e.

(B) Integrity test method and parameters, including resolution, sensitivity, test frequency, control limits, and associated baseline.

Not later than the applicable treatment compliance date in R 325.10611g.

(ii) Monthly report summarizing the following:

(A) All direct integrity tests above the control limit.

(B) If applicable, a turbidity or alternative state approved indirect integrity monitoring results triggering direct integrity testing and the corrective action that was taken.

Within 10 days following the month in which monitoring was conducted, beginning on the applicable treatment compliance date in R 325.10611g.

(k) Second stage filtration Monthly verification that 100% of flow was filtered through both stages and that first stage was preceded by coagulation step.

Within 10 days following the month in which monitoring was conducted, beginning on the applicable treatment compliance date in R 325.10611g.

(l) Slow sand filtration as secondary filter.

Monthly verification that both a slow sand filter and a preceding separate stage of filtration treated 100% of flow from surface water or GWUDI sources.

Within 10 days following the month in which monitoring was conducted, beginning on the applicable treatment compliance date in R 325.10611g.

Toolbox option Supplies shall submit all of the following information:

On the following schedule:

(m) Chlorine dioxide Summary of CT values for each day as described in R 325.10611m.

Within 10 days following the month in which monitoring was conducted, beginning on the applicable treatment compliance date in R 325.10611g.

(n) Ozone Summary of CT values for each day as described in R 325.10611m.

Within 10 days following the month in which monitoring was conducted, beginning on the applicable treatment compliance date in R 325.10611g.

(o) UV (i) Validation test results demonstrating operating conditions that achieve required UV dose.

Not later than the applicable treatment compliance date in R 325.10611g.

(ii) Monthly report summarizing the percentage of water entering the distribution system that was not treated by UV reactors operating within validated conditions for the required dose as specified in R 325.10611m.

Within 10 days following the month in which monitoring was conducted, beginning on the applicable treatment compliance date in R 325.10611g.

(5) Supplies shall retain records under R 325.11508.

**History**
- *History: 2009 AACS.*

##### **Mich. Admin. Code R 325.10721** Rescinded {#sec-r-325.10721 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10721}

**History**
- *History: 1979 AC; 1991 AACS; 2003 AACS.*

##### **Mich. Admin. Code R 325.10722** Filtration and disinfection; disinfection profiling and benchmarking {#sec-r-325.10722 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10722}

Rule 722. (1) A subpart H supply making a significant change to its disinfection practice, as described in subrule (4)(a)(i) to (iv) of this rule shall consult with the department before making the change. An approved significant change in disinfection practices shall not jeopardize current levels of disinfection.

(2) A subpart H community or nontransient noncommunity supply that develops a disinfection profile under R 325.10720c of weekly log inactivations over 52 weeks shall report to the department under R 325.10720a(5).

(3) All of the following provisions apply to disinfection profiling:

(a) To determine the total log inactivation for Giardia lamblia and viruses, supplies shall monitor at least weekly for a period of 12 consecutive months. If supplies monitor more frequently, the monitoring frequency shall be evenly spaced. Supplies that operate for fewer than 12 months per year shall monitor weekly during the period of operation.

Supplies shall monitor all of the following parameters:

(i) If a disinfectant other than UV is used, the temperature of the disinfected water shall be measured at each residual disinfectant concentration sampling point during peak hourly flow or at an alternative location approved by the department.

(ii) If chlorine is used, the pH of the disinfected water shall be measured at each chlorine residual disinfect disinfectant concentration sampling point during peak hourly flow or at an alternative location approved by the department.

(iii) Disinfectant contact time or times ("T") shall be determined during peak hourly flow.

(iv) Residual disinfectant concentration or concentrations ("C") of the water before or at the first customer and before each additional point of disinfectant application shall be measured during peak hourly flow.

(b) A supply shall determine log inactivation for Giardia lamblia through the entire plant, based on CT99.9 values in Tables 1.1 to 1.6, 2.1 and 3.1 of 40 CFR §141.74(b)(3)(v), as applicable, as adopted by reference in R 325.10112. A supply shall calculate the total logs of inactivation for Giardia lamblia as follows:

(i) A supply using only 1 point of disinfectant application shall determine the total inactivation ratio for the disinfection segment based on either of the following methods:

(A) Determine 1 inactivation ratio (CTcalc/CT99.9) before or at the first customer during peak hourly flow.

(B) Determine successive CTcalc/CT99.9 values, representing sequential inactivation ratios, between the point of disinfectant application and a point before or at the first customer during peak hourly flow. The supply shall calculate the total inactivation ratio by determining (CTcalc/CT99.9) for each sequence and then adding the (CTcalc/CT99.9) values together to determine ∑ (CTcalc/CT99.9).

(ii) A supply using more than 1 point of disinfectant application before the first customer shall determine the (CTcalc/CT99.9) value of each disinfection segment immediately before the next point of disinfectant application, or for the final segment, before or at the first customer, during peak hourly flow. The (CTcalc/CT99.9) value of each segment and ∑ (CTcalc/CT99.9) shall be calculated using the method specified in paragraph (i)(B) of this subdivision.

(iii) The supply shall determine the total logs of inactivation by multiplying the value calculated in paragraph (i) or (ii) of this subdivision by 3.0.

(c) A supply that uses chloramines, ozone, or chlorine dioxide for primary disinfection, and a supply subject to R 325.10720d, shall calculate the logs of inactivation for viruses through the entire treatment plant based on CT99.99 values in the tables in Appendix B of the LT1ESWTR Disinfection Profiling and Benchmarking Technical Guidance Manual, as adopted by reference in R 325.10112, as applicable, and develop a disinfection profile for viruses. A supply shall calculate the total log of inactivation for viruses as follows:

(i) A supply using only 1 point of disinfection application shall determine the total inactivation ratio for the disinfection segment based on either of the following methods:

(A) Determine 1 inactivation ratio (CTcalc/CT99.99) before or at the first customer during peak hourly flow.

(B) Determine successive CTcalc/CT99.99 values, representing sequential inactivation ratios, between the point of disinfectant application and a point before or at the first customer during peak hourly flow. The supply shall calculate the total inactivation ratio by determining (CTcalc/CT99.99) for each sequence and then adding the (CTcalc/CT99.99) values together to determine ∑ (CTcalc/CT99.99).

(ii) A supply using more than 1 point of disinfectant application before the first customer shall determine the (CTcalc/CT99.99) value of each disinfection segment immediately before the next point of disinfectant application, or for the final segment, before or at the first customer, during peak hourly flow. The (CTcalc/CT99.99) value of each segment and ∑ (CTcalc/CT99.99) shall be calculated using the method specified in paragraph (i)(B) of this subdivision.

(iii) The supply shall determine the total logs of inactivation by multiplying the value calculated in paragraph (i) or (ii) of this subdivision by 4.0.

(d) The disinfection profile of the 52 measurements of log inactivations shall be represented in a graphic form, such as a spreadsheet and shall be retained and be available for review by the department as part of a sanitary survey. The data shall be used to create the disinfection benchmark under subrule (4) of this rule.

(4) All of the following provisions apply to disinfection benchmarking:

(a) Significant changes to disinfection practice include all of the following:

(i) Changes to the point of disinfection.

(ii) Changes to the disinfectant or disinfectants used in the treatment plant.

(iii) Changes to the disinfection process.

(iv) Any other modification identified by the department as a significant change to disinfection practices.

(b) Prior to changing the disinfection practice, the supply shall notify the department and shall include in this notice the following information:

(i) A description of the proposed change in disinfection practice.

(ii) A completed disinfection profile and disinfection benchmark for Giardia lamblia and viruses as described in R 325.10720d.

(iii) An analysis of how the proposed change will affect the current level of disinfection.

(iv) Any additional information requested by the department to demonstrate the results or benefits, or both, of the change to the disinfection practice.

(i) For each year of profiling data collected and calculated under subrule (3)(a) to (c) of this rule and R 325.10720d(3), supplies shall determine the lowest mean monthly level of both Giardia lamblia and virus inactivation. Supplies shall determine the mean Giardia lamblia and virus inactivation for each calendar month for each year of profiling data by dividing the sum of daily or weekly Giardia lamblia and virus log inactivation by the number of values calculated for that month.

(ii) The disinfection benchmark is the lowest monthly mean value, for supplies with 1 year of profiling data, or the mean of the lowest monthly mean values, for supplies with more than 1 year of profiling data, of Giardia lamblia and virus log inactivation in each year of profiling data.

**History**
- *History: 1979 AC; 2005 AACS; 2009 AACS; 2015 AACS.*

##### **Mich. Admin. Code R 325.10724** Rescinded {#sec-r-325.10724 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10724}

**History**
- *History: 1979 AC; 1989 AACS.*

##### **Mich. Admin. Code R 325.10725** Radionuclides; applicability; monitoring generally; reporting {#sec-r-325.10725 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10725}

Rule 725. (1) A community water supply, also known as "supply" in this rule, R 325.10726, R 325.10728, R 325.10729, and R 325.10730, shall monitor to determine compliance with R 325.10603 and report to the department under these rules.

(2) For the purposes of monitoring for gross alpha particle activity, radium-226, radium- 228, uranium, and beta particle and photon radioactivity in drinking water, "detection limit'' is defined in Title 40 CFR §141.25(c), which is adopted by reference in R 325.10605.

(3) The department may require more frequent monitoring than specified in this rule, or may require confirmation samples, when the department considers it appropriate for the protection of public health or there is a need for additional sampling based on prior sampling results.

(4) Each public water supply shall monitor at a time designated by the department during each compliance period.

(5) If the MCL for radioactivity in R 325.10603 is exceeded, then the community water supply shall notify the department under R 325.10734.

**History**
- *History: 1979 AC; 2005 AACS.*

##### **Mich. Admin. Code R 325.10726** Radionuclides; initial monitoring for gross alpha particle activity, radium-226, radium-228, and uranium {#sec-r-325.10726 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10726}

Rule 726. (1) A community water supply shall conduct initial monitoring for gross alpha particle activity, radium-226, radium-228, and uranium to determine compliance with R 325.10603(2)(a), (b), and (d).

(2) An existing supply shall sample at every entry point to the distribution system that is representative of all sources of water being used, known as "sampling point," under normal operating conditions. The supply shall take each sample at the same sampling point unless conditions make another sampling point more representative of each source.

(3) A new community water supply or a community water supply that uses a new source of water shall begin to conduct initial monitoring for the new source within the first quarter after initiating use of the source. A community water supply shall conduct more frequent monitoring when ordered by the department if possible contamination or if changes in the distribution system or treatment processes occur which may increase the concentration of radioactivity in finished water.

(4) A supply shall conduct initial monitoring for gross alpha particle activity, radium-226, radium-228, and uranium in the following manner:

(a) A supply shall collect 4 consecutive quarterly samples at all sampling points before December 31, 2007. A supply that has results of samples collected from a sampling point during the compliance period that began between June 1, 2000 and December 8, 2003, may use those results to satisfy the initial monitoring requirements for that sampling point.

(b) For gross alpha particle activity, uranium, radium-226, and radium-228 monitoring, the department may waive the final 2 quarters of initial monitoring for a sampling point if the results of the samples from the previous 2 quarters are below the detection limit.

(c) If the average of the initial monitoring results for a sampling point is above the MCL, then the supply shall collect and analyze quarterly samples at that sampling point until the supply has results from 4 consecutive quarters that are at or below the MCL, unless the supply enters into another schedule as part of a formal compliance agreement with the department.

**History**
- *History: 1979 AC; 2005 AACS.*

##### **Mich. Admin. Code R 325.10728** Radionuclides; reduced monitoring for gross alpha particle activity, radium-226, radium-228, and uranium {#sec-r-325.10728 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10728}

Rule 728. (1) The department may allow community water supplies to reduce the future frequency of monitoring from once every 3 years to once every 6 or 9 years at each sampling point, based on the criteria in the following table:

Table 1 Radionuclides reduced monitoring criteria For gross alpha particle activity, uranium, and combined radium 226 radium-228, if the average of the initial monitoring results for each contaminant at a sampling point is...

Then the supply shall collect and analyze for, that contaminant using at least one sample at that sampling point every...

(a) Below the detection limit 9 years (b) At or above the detection limit, but at or below half the MCL 6 years (c) Above half the MCL, but at or below the MCL 3 years For combined radium-226 and 228, both contaminants shall be below the detection limit.

For combined radium-226 and radium-228, the analytical results for radium-226 and 228 shall be combined.

(2) A supply shall use the samples collected during the reduced monitoring period to determine the monitoring frequency for subsequent monitoring periods. For example, if a supply's sampling point is on a 9-year monitoring period, and the sample result is above half the MCL, then the next monitoring period for that sampling point is 3 years.

(3) If a supply has a monitoring result that exceeds the MCL while on reduced monitoring, then the supply shall collect and analyze quarterly samples at that sampling point until the supply has results from 4 consecutive quarters that are at or below the MCL, unless the supply enters into another schedule as part of a formal compliance agreement with the department.

**History**
- *History: 1979 AC; 1989 AACS; 2005 AACS.*

##### **Mich. Admin. Code R 325.10729** Radionuclides; compositing; substituting gross alpha for radium-226 or uranium {#sec-r-325.10729 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10729}

Rule 729. (1) To fulfill quarterly monitoring requirements for gross alpha particle activity, radium-226, radium-228, or uranium, a supply may composite up to 4 consecutive quarterly samples from a single entry point if analysis is done within 1 year of the first sample. The department considers analytical results from the composited sample as the average analytical result to determine compliance with the MCLs and the future monitoring frequency. If the analytical result from the composited sample is more than half the MCL, then the department may direct the supply to take additional quarterly samples before allowing the supply to sample under a reduced monitoring schedule.

(2) A gross alpha particle activity measurement may be substituted for the required radium-226 measurement if the measured gross alpha particle activity does not exceed 5 pCi/l. A gross alpha particle activity measurement may be substituted for the required uranium measurement if the measured gross alpha particle activity does not exceed 15 pCi/l. The gross alpha measurement shall have a confidence interval of 95% (1.65s, where s is the standard deviation of the net counting rate of the sample) for radium-226 and uranium. If a supply uses a gross alpha particle activity measurement instead of a radium- 226 or uranium measurement, or both, then the gross alpha particle activity analytical result shall be used to determine the future monitoring frequency for radium-226 or uranium, or both. If the gross alpha particle activity result is less than detection, then half the detection limit shall be used to determine compliance and the future monitoring frequency.

**History**
- *History: 1979 AC; 2005 AACS.*

##### **Mich. Admin. Code R 325.10730** Radionuclides; monitoring requirements for beta particle and photon radioactivity; applicability {#sec-r-325.10730 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10730}

Rule 730. (1) To determine compliance with the maximum contaminant levels in R 325.10603(2)(c) for beta particle and photon radioactivity, a community water supply, also considered a "water supply" or "supply" in this rule, designated by the department as either vulnerable or utilizing water contaminated by effluents from nuclear facilities, shall sample for beta particle and photon radioactivity. The department's designation shall be based on monitoring data, environmental surveillance data collected in the vicinity of nuclear facilities, or source water assessments.

(2) Beginning within 1 quarter after being notified of the department's designation and continuing until the department reviews and either reaffirms or removes the designation, a supply shall collect samples at each entry point to the distribution system, known as sampling point, under both of the following provisions:

(a) For a vulnerable supply, quarterly samples for beta emitters and annual samples for tritium and strontium 90.

(b) For a supply utilizing waters contaminated by effluents from nuclear facilities, quarterly samples for beta emitters and iodine 131 and annual samples for tritium and strontium 90. A supply shall monitor and analyze the samples under all of the following provisions:

(i) Quarterly monitoring for gross beta particle activity shall be based on the analysis of monthly samples or the analysis of a composite of 3 monthly samples.

(ii) For iodine 131, a composite of 5 consecutive daily samples shall be analyzed once each quarter. As ordered by the department, more frequent monitoring shall be conducted when iodine 131 is identified in the finished water.

(iii) Annual monitoring for strontium 90 and tritium shall be conducted by means of the analysis of a composite of 4 consecutive quarterly samples or analysis of 4 quarterly samples.

(3) All of the following provisions apply for gross beta particle activity:

(a) A supply may analyze for naturally occurring potassium 40 beta particle activity from the same or equivalent sample used for the gross beta particle activity analysis. A supply may subtract the potassium 40 beta particle activity value from the total gross beta particle activity value to determine if the screening level in subdivision (b) of this subrule is exceeded. The potassium 40 beta particle activity shall be calculated by multiplying elemental potassium concentrations (in mg/L) by a factor of 0.82.

(b) If the gross beta particle activity minus the naturally occurring potassium 40 beta particle activity at a sampling point has a running annual average, computed quarterly, less than or equal to a screening level of 50 pCi/L for a vulnerable supply or 15 pCi/L for a supply utilizing waters contaminated by effluents from nuclear facilities, then the department may reduce the frequency of monitoring at that sampling point to once every 3 years. During the reduced monitoring period, a supply shall collect the same type of samples required in subrule (2)(a) of this rule for a vulnerable supply or subrule (2)(b) of this rule for a supply utilizing water contaminated by effluents from nuclear facilities.

(c) If the gross beta particle activity minus the naturally occurring potassium 40 beta particle activity exceeds the appropriate screening level in subdivision (b) of this subrule, then an analysis of the sample shall be performed to identify the major radioactive constituents present in the sample and the appropriate doses shall be calculated and summed to determine compliance with R 325.10603(2)(c)(i), using the formula in R 325.10603(2)(c)(ii). Doses shall also be calculated and combined for measured levels of tritium and strontium to determine compliance.

(4) For a supply in the vicinity of a nuclear facility, the community water supply may utilize environmental surveillance data collected by the nuclear facility instead of monitoring at the supply's entry point or points, where the department determines that the data is applicable to a particular water supply. If there is a release from a nuclear facility, then a supply which uses surveillance data shall begin monitoring at the community water supply's entry point or points under subrule (2)(a) or (b) of this rule.

(5) A community water supply designated by the department to monitor for beta particle and photon radioactivity shall not apply to the department for a waiver from the monitoring frequencies specified in subrule (2)(a) or (b) of this rule.

(6) A supply shall monitor monthly at the sampling point or points that exceed the maximum contaminant level in R 325.10603(2)(c) beginning the month after the exceedance occurs. The supply shall continue monthly monitoring until the supply has established, by the average of results from any 3 consecutive months, that the MCL is being met. A supply that establishes that the MCL is being met shall return to quarterly monitoring until it meets the requirements set forth in subrule (3)(b) of this rule.

**History**
- *History: 1979 AC; 2005 AACS; 2009 AACS.*

##### **Mich. Admin. Code R 325.10731** Sample analyses; approved laboratories and personnel {#sec-r-325.10731 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10731}

Rule 731. For the purpose of determining compliance with the monitoring requirements prescribed by this part, samples shall be considered valid only if they have been analyzed by a laboratory approved by the department, except that measurements for alkalinity, bromide, calcium, daily chlorite samples at the entrance to the distribution system, conductivity, magnesium, orthophosphate, pH, residual disinfectant concentration, silica, specific ultraviolet absorbance, temperature, and turbidity may be performed by personnel acceptable to the department.

**History**
- *History: 1979 AC; 2009 AACS.*

##### **Mich. Admin. Code R 325.10732** Specific testing frequencies; sample locations and parameters {#sec-r-325.10732 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10732}

Rule 732. (1) The department may require a supplier of water to monitor raw water, water during stages in the treatment system if treatment is employed, and water from the distribution system at frequencies and for parameters as specified by the department.

(2) Parameters required by subrule (1) may include other constituents than the MCL's including, but not limited to, chlorine residual.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.10733** Modification of monitoring requirements for type I public water supplies which supply water to additional public water supplies {#sec-r-325.10733 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10733}

Rule 733. When a type I public water supply supplies water to 1 or more other public water supplies, the department may modify the monitoring requirements prescribed by this part to the extent that the interconnection of the public water supplies justifies treating them as a single water supply for monitoring purposes. Modified monitoring shall be conducted pursuant to a schedule specified by the department and concurred in by the regional administrator.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.10734** Required reporting to the department {#sec-r-325.10734 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10734}

Rule 734. (1) Unless otherwise specified in this part, a supplier of water shall report to the department the results of a measurement or analysis required by this part within the first 10 days of the month following the month in which the results are received, or within the first 10 days following the end of the required monitoring period, whichever is sooner.

(2) Unless otherwise specified in these rules, a supplier of water shall report, to the department, within 48 hours, failing to comply with a state drinking water standard or other requirement under these rules, including failing to comply with a monitoring requirement under this part.

(3) A supplier of water shall not be required to report analytical results to the department in cases where the department laboratory performs the analysis and reports the results to the department.

(4) A public water system, upon discovering that a waterborne disease outbreak that is potentially attributable to that water system has occurred, shall report that occurrence to the department as soon as possible, but not later than the end of the next business day.

**History**
- *History: 1979 AC; 1991 AACS; 2002 AACS.*

##### **Mich. Admin. Code R 325.10735** Vigilance of threats or hazards; notification to department {#sec-r-325.10735 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10735}

Rule 735. (1) A public water supply shall maintain continued vigilance of activities posing threats or hazards of undue contamination to the source of water.

(2) In the event of a threat of contamination of a public water supply source, the public water supply shall immediately notify the department.

**History**
- *History: 1979 AC; 2009 AACS.*

##### **Mich. Admin. Code R 325.10736** Rescinded {#sec-r-325.10736 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10736}

**History**
- *History: 1979 AC; 2002 AACS.*

##### **Mich. Admin. Code R 325.10737** Rescinded {#sec-r-325.10737 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10737}

**History**
- *History: 1979 AC; 1991 AACS.*

##### **Mich. Admin. Code R 325.10738** Rescinded {#sec-r-325.10738 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10738}

**History**
- *History: 1979 AC; 2002 AACS.*

##### **Mich. Admin. Code R 325.10739** Groundwater supply rules; groundwater source microbial monitoring and analytical methods {#sec-r-325.10739 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10739}

Rule 739. (1) All of the following provisions apply to triggered source water monitoring in a groundwater supply that is subject to R 325.10612:

(a) A groundwater supply shall conduct triggered source water monitoring if both of the following conditions exist:

(i) The groundwater supply does not provide at least 4-log treatment of viruses (using inactivation, removal, or a department approved combination of 4-log virus inactivation and removal) before or at the first customer for each groundwater source.

(ii) The groundwater supply is notified that either of the following conditions exists:

(A) A sample collected under R 325.10705 to R 325.10706 is total coliform positive and the sample is not invalidated under R 325.10707a until March 31, 2016.

(B) A sample collected under R 325.10704d to R 325.10704g is total coliform-positive and the sample is not invalidated under R 325.10704c(3) beginning April 1, 2016.

(b) A groundwater supply shall collect, within 24 hours of notification of the total coliform positive sample, at least 1 groundwater source sample from each groundwater source in use at the time the total coliform positive sample was collected under R 325.10705 to R 325.10706 until March 31, 2016, or collected under R 325.10704d to R 325.10704g beginning April 1, 2016, except as provided in paragraph (ii) of this subdivision. The sample shall be analyzed for the presence of E. coli, or if approved by the department, for the presence of enterococci or coliphage. All of the following apply to groundwater source sample requirements:

(i) The department may extend the 24-hour time limit on a case-by-case basis if the groundwater supply cannot collect the groundwater source water sample within 24 hours due to circumstances beyond its control. In the case of an extension, the department shall specify how much time the groundwater supply has to collect the sample.

(ii) If approved by the department, groundwater supplies with more than 1 groundwater source may meet the requirements of this subdivision by sampling a representative groundwater source or sources. If directed by the department, groundwater supplies shall submit for department approval a triggered source water monitoring plan that identifies 1 or more groundwater sources that are representative of each monitoring site in the groundwater supply's sample siting plan under R 325.10705 to R 325.10706, until March 31, 2016, or under R 325.10704c beginning April 1, 2016, and that the groundwater supply intends to use for representative sampling under this paragraph.

(iii) Until March 31, 2016, a groundwater supply serving 1,000 or fewer people may use a repeat sample collected from a groundwater source to meet both the requirements of R 325.10707 and to satisfy the monitoring requirements of this subdivision for that groundwater source. If the repeat sample collected from the groundwater source is E. coli positive, the groundwater supply shall comply with subdivision (c) of this subrule.

(c) If the department does not require corrective action under R 325.10612a(1)(b) for a fecal indicator positive source water sample collected under subdivision (b) of this subrule that is not invalidated under R 325.10739(3), the groundwater supply shall collect 5 additional source water samples from the same source within 24 hours of being notified of the fecal indicator positive sample and have it analyzed for the presence of E. coli, or with department approval, for the presence of enterococci or coliphage.

(d) Both of the following provisions apply to consecutive supplies and wholesale supplies:

(i) In addition to the other requirements of this subrule, a consecutive groundwater supply that has a total coliform positive sample collected under R 325.10705 to R 325.10706 until March 31, 2016, or under R 325.10704d to R 325.10704g beginning April 1, 2016, shall notify the wholesale supply or supplies within 24 hours of being notified of the total coliform positive sample.

(ii) In addition to the other requirements of this subrule, a wholesale groundwater supply shall comply with both of the following:

(A) A wholesale groundwater supply that receives notice from a consecutive supply it serves that a sample collected under R 325.10705 to R 325.10706 until March 31, 2016, or under R 325.10704d to R 325.10704g beginning April 1, 2016, is total coliform positive shall, within 24 hours of being notified, collect a sample from its groundwater source or sources under subdivision (b) of this subrule and have it analyzed for the presence of E. coli, or with department approval, for the presence of enterococci or coliphage.

(B) If the sample collected under subparagraph (A) of this paragraph is fecal indicator positive, the wholesale groundwater supply shall notify all consecutive supplies served by that groundwater source of the fecal indicator source water positive within 24 hours of being notified of the groundwater source sample monitoring result and shall meet the requirements of subdivision (c) of this subrule.

(e) Exceptions to the triggered source water monitoring requirements are either of the following. A groundwater supply is not required to comply with the source water monitoring requirements of subrule (1) of this rule if either of the following conditions exists:

(i) The department determines, and documents in writing, that the total coliform positive sample collected under R 325.10705 to R 325.10706 until March 31, 2016, or under R 325.10704d to R 325.10704g beginning April 1, 2016, is caused by a distribution system deficiency.

(ii) The total coliform positive sample collected under R 325.10705 to R 325.10706 until March 31, 2016, or under R 325.10704d to R 325.10704g beginning April 1, 2016, is collected at a location that meets department criteria for distribution system conditions that will cause total coliform positive samples.

(2) All of the following provisions apply to assessment source water monitoring. If directed by the department, groundwater supplies shall conduct assessment source water monitoring that meets department determined requirements for that monitoring. A groundwater supply conducting assessment source water monitoring may use a triggered source water sample collected under subrule (1)(b) of this rule to meet the requirements of this subrule. Department determined assessment source water monitoring requirements may include any of the following:

(a) Collection of a total of 12 groundwater source samples that represent each month the groundwater supply provides groundwater to the public.

(b) Collection of samples from each well unless the groundwater supply obtains written department approval to conduct monitoring at 1 or more wells within the groundwater supply that are representative of multiple wells used by that groundwater supply and that draw water from the same hydrogeologic setting.

(c) Collection of a standard sample volume of not less than 100 mL for fecal indicator analysis regardless of the fecal indicator or analytical method used.

(d) Analysis of all groundwater source samples using analytical methods adopted by reference in R 325.10605 for the presence of E. coli, or if approved by the department, for the presence of enterococci, or coliphage.

(e) Collection of groundwater source samples at a location before any treatment of the groundwater source unless the department approves a sampling location after treatment.

(f) Collection of groundwater source samples at the well itself unless the groundwater supply's configuration does not allow for sampling at the well itself and the department approves an alternate sampling location that is representative of the water quality of that well.

(3) All of the following provisions apply to invalidation of a fecal indicator positive groundwater source sample.

(a) A groundwater supply may obtain department invalidation of a fecal indicator positive groundwater source sample collected under triggered source water monitoring of subrule (1) of this rule only under either of the following conditions:

(i) The groundwater supply provides the department with written notice from the laboratory that improper sample analysis occurred.

(ii) The department determines and documents in writing that there is substantial evidence that a fecal indicator positive groundwater source sample is not related to source water quality.

(b) If the department invalidates a fecal indicator positive groundwater source sample, the groundwater supply shall collect another source water sample under subrule (1) of this rule within 24 hours of being notified by the department of its invalidation decision and have it analyzed for the same fecal indicator using analytical methods adopted by reference in R 325.10605. The department may extend the 24-hour time limit on a case-by-case basis if the groundwater supply cannot collect the source water sample within 24 hours due to circumstances beyond its control. In the case of an extension, the department will specify how much time the groundwater supply has to collect the sample.

(4) Both of the following provisions apply to sampling location:

(a) A groundwater source sample required under subrule (1) of this rule shall be collected at a location before treatment of the groundwater source unless the department approves a sampling location after treatment.

(b) If the groundwater supply's configuration does not allow for sampling at the well itself, the groundwater supply may collect a sample at a department approved location to meet the requirements of subrule (1) of this rule if the sample is representative of the water quality of that well.

(5) If directed by the department, a groundwater supply that places a new groundwater source into service after November 30, 2009, shall conduct assessment source water monitoring under subrule (2) of this rule. If directed by the department, the groundwater supply shall begin monitoring before the groundwater source is used to provide water to the public.

(6) A groundwater supply with a groundwater source sample collected under subrule (1) or (2) of this rule that is fecal indicator positive and that is not invalidated under subrule (3) of this rule, including consecutive supplies served by the groundwater source, shall conduct public notification under R 325.10402.

(7) Failure to meet the requirements of subrules (1) to (5) of this rule is a monitoring violation and requires the groundwater supply to provide public notification under R 325.10404.

**History**
- *History: 2009 AACS; 2015 AACS.*

##### **Mich. Admin. Code R 325.10739a** Groundwater supply rules; compliance monitoring {#sec-r-325.10739a omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10739a}

Rule 739a. (1) This subrule applies to existing groundwater sources. A groundwater supply that is not required to meet the source water monitoring requirements of R 325.10612, R 325.10612a, R 325.10739, this rule, or R 325.10739b for 1 or more groundwater sources because it provides not less than 4-log treatment of viruses (using inactivation, removal, or a department approved combination of 4-log virus inactivation and removal) before or at the first customer for 1 or more groundwater sources before December 1, 2009, shall notify the department in writing that it provides not less than 4log treatment of viruses (using inactivation, removal, or a department approved combination of 4-log virus inactivation and removal) before or at the first customer for the specified groundwater source and begin compliance monitoring under subrule (3) of this rule by December 1, 2009. Notification to the department shall include engineering, operational, or other information that the department requests to evaluate the submission.

If the groundwater supply subsequently discontinues 4-log treatment of viruses (using inactivation, removal, or a department approved combination of 4-log virus inactivation and removal) before or at the first customer for a groundwater source, the supply shall conduct groundwater source monitoring as required under R 325.10739.

(2) This subrule applies to new groundwater sources. A groundwater supply that places a groundwater source in service after November 30, 2009, that is not required to meet the source water monitoring requirements of R 325.10612, R 325.10612a, R 325.10739, this rule, or R 325.10739b because the groundwater supply provides not less than 4-log treatment of viruses (using inactivation, removal, or a department approved combination of 4-log virus inactivation and removal) before or at the first customer for the groundwater source shall comply with all of the following:

(a) The groundwater supply shall notify the department in writing that it provides not less than 4-log treatment of viruses (using inactivation, removal, or a department approved combination of 4-log virus inactivation and removal) before or at the first customer for the groundwater source. Notification to the department shall include engineering, operational, or other information that the department requests to evaluate the submission.

(b) The groundwater supply shall conduct compliance monitoring as required under subrule (3) of this rule within 30 days of placing the source in service.

(c) The groundwater supply shall conduct groundwater source monitoring under R 325.10739 if the groundwater supply subsequently discontinues 4-log treatment of viruses (using inactivation, removal, or a department approved combination of 4-log virus inactivation and removal) before or at the first customer for the groundwater source.

(3) This subrule applies to monitoring requirements. A groundwater supply subject to the requirements of R 325.10612a or subrule (1) or (2) of this rule shall monitor the effectiveness and reliability of treatment for that groundwater source before or at the first customer as follows:

(a) Both of the following apply to chemical disinfection:

(i) A groundwater supply that serves more than 3,300 people shall continuously monitor the residual disinfectant concentration using analytical methods adopted by reference in R 325.10605 at a location approved by the department and shall record the lowest residual disinfectant concentration each day that water from the groundwater source is served to the public. The groundwater supply shall maintain the department determined residual disinfectant concentration every day the groundwater supply serves water from the groundwater source to the public. If there is a failure in the continuous monitoring equipment, the groundwater supply shall conduct grab sampling every 4 hours until the continuous monitoring equipment is returned to service. The groundwater supply shall resume continuous residual disinfectant monitoring within 14 days.

(ii) A groundwater supply that serves 3,300 or fewer people shall monitor the residual disinfectant concentration using analytical methods adopted by reference in R 325.10605 at a location approved by the department and record the residual disinfection concentration each day that water from the groundwater source is served to the public. The groundwater supply shall maintain the department determined residual disinfectant concentration every day the groundwater supply serves water from the groundwater source to the public. The groundwater supply shall take a daily grab sample during the hour of peak flow or at another time specified by the department. If any daily grab sample measurement falls below the department determined residual disinfectant concentration, the groundwater supply shall take follow-up samples every 4 hours until the residual disinfectant concentration is restored to the department determined level. Alternatively, a groundwater supply that serves 3,300 or fewer people may monitor continuously and meet the requirements of paragraph (i) of this subdivision.

(b) A groundwater supply that uses membrane filtration to meet the requirements of R 325.10612, R 325.10612a and R 325.10739, this rule, and R 325.10739b shall monitor the membrane filtration process under all department specified monitoring requirements and shall operate the membrane filtration under all department specified compliance requirements. A groundwater supply that uses membrane filtration is in compliance with the requirement to achieve not less than 4-log removal of viruses when all of the following conditions are met:

(i) The membrane has an absolute molecular weight cut off (MWCO), or an alternate parameter that describes the exclusion characteristics of the membrane, that can reliably achieve not less than 4-log removal of viruses.

(ii) The membrane process is operated under department specified compliance requirements.

(iii) The integrity of the membrane is intact.

(c) A groundwater supply that uses a department approved alternative treatment to meet the requirements of R 325.10612, R 325.10612a and R 325.10739, this rule, and R 325.10739b by providing not less than 4-log treatment of viruses (using inactivation, removal, or a department approved combination of 4-log virus inactivation and removal) before or at the first customer shall comply with both of the following:

(i) Monitor the alternative treatment under all department specified monitoring requirements.

(ii) Operate the alternative treatment under all compliance requirements that the department determines to be necessary to achieve not less than 4-log treatment of viruses.

(4) A groundwater supply that discontinues 4-log treatment of viruses under R 325.10612a (3) is subject to the source water monitoring requirements of R 325.10739.

(5) Failure to meet the monitoring requirements of subrules (1) to (3) of this rule is a monitoring violation and requires the groundwater supply to provide public notification under R 325.10404.

**History**
- *History: 2009 AACS.*

##### **Mich. Admin. Code R 325.10739b** Groundwater supply rules; reporting and recordkeeping {#sec-r-325.10739b omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10739b}

Rule 739b. (1) In addition to the reporting requirements of R 325.10734, a groundwater supply subject to R 325.10612 shall provide all of the following information to the department:

(a) A groundwater supply conducting compliance monitoring under R 325.10739a shall notify the department any time the groundwater supply fails to meet a department specified requirement including, but not limited to, minimum residual disinfectant concentration, membrane operating criteria or membrane integrity, and alternative treatment operating criteria, if operation under the criteria or requirements is not restored within 4 hours. The groundwater supply shall notify the department as soon as possible, but in no case later than the end of the next business day.

(b) After completing any corrective action under R 325.10612a(1), a groundwater supply shall notify the department within 30 days of completion of the corrective action.

(c) If a groundwater supply subject to the requirements of R 325.10739(1) does not conduct source water monitoring under R 325.10739(1)(e)(ii), the groundwater supply shall provide documentation to the department within 30 days of the total coliform positive sample that it met the department criteria.

(2) A groundwater supply subject to R 325.10612 shall maintain records under R 325.11509.

PART 8. GROUNDWATER SOURCES

**History**
- *History: 2009 AACS.*

##### **Mich. Admin. Code R 325.10801** Purpose {#sec-r-325.10801 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10801}

Rule 801. The purpose of this part is to establish certain requirements and objectives for the isolation and construction of wells used by public water supplies to provide a continuous, adequate quantity of water meeting the state drinking water standards.

**History**
- *History: 1979 AC; 2009 AACS.*

##### **Mich. Admin. Code R 325.10802** Applicability; approval of deviation from minimum standards and requirements {#sec-r-325.10802 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10802}

Rule 802. (1) This part applies to public water supplies that use wells to supply groundwater for a public water supply. This part sets minimum standards and requirements to be met to receive permits or approvals from the department for waterworks systems. For purpose of this part, a supplier of a proposed public water supply is considered a public water supply.

(2) Deviations from the minimum standards and requirements in this part may be approved by the department if a public water supply demonstrates that a deviation will not adversely affect the public health. Deviations from this part shall be by permit condition for type I or type II public water supplies, and in writing by the department for type III public water supplies.

**History**
- *History: 1979 AC; 2009 AACS.*

##### **Mich. Admin. Code R 325.10804** Type III public water supplies; applicability of other rules {#sec-r-325.10804 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10804}

Rule 804. Type III public water supplies shall comply with part 1 well construction code, R 325.1601 to R 325.1676 promulgated under part 127 water supply and sewer systems of 1978 PA 368, MCL 333.12701 to 333.12715, except where specific requirements for type III public water supplies prescribed by this part are more restrictive.

**History**
- *History: 1979 AC; 2009 AACS.*

##### **Mich. Admin. Code R 325.10805** Retroactivity of rules; significant changes or major repairs made to existing well; utilization of well not in compliance with this part {#sec-r-325.10805 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10805}

Rule 805. (1) This part is not retroactive for individual well installations constructed before January 12, 1978 unless 1 or more of the following conditions exists:

(a) Water quality from the well does not meet the state drinking water standards.

(b) The department determines that continued use of a well represents a health hazard.

(2) Significant changes or major repairs made to a well that existed before January 12, 1978 shall conform to this part. Significant changes include replacing the casing, modifying the depth of a well, installing new pumping equipment of a different type or of higher capacity, or modifying the pump setting. In general, a significant change or major repair shall be considered to have occurred if the pumping capacity is increased above the original capacity as a result of the work. A significant change or major repair shall not include routine maintenance or incidental repairs.

(3) A public water supply proposing to utilize water from a well or well field not in compliance with this part may be required to provide continuous treatment of the water in a manner acceptable to the department and shall obtain written approval from the department before utilizing that well or well field as part of a public water supply.

(4) A public water supply employing a complete treatment system to treat a groundwater source may be granted special consideration by the department for the location and construction of wells used as a raw water source before treatment.

**History**
- *History: 1979 AC; 2009 AACS.*

##### **Mich. Admin. Code R 325.10806** Change in classification of public water supply {#sec-r-325.10806 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10806}

Rule 806. Requirements or criteria of this part for the various types of public water supplies shall be based on the facilities which the public water supply is intended to serve.

If the volume of water used or the type of facilities or number of units served by a public water supply changes in such a way as to cause a change in the classification of a public water supply, the public water supply shall meet requirements applicable to the new classification.

**History**
- *History: 1979 AC; 2009 AACS.*

##### **Mich. Admin. Code R 325.10807** Location of well {#sec-r-325.10807 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10807}

Rule 807. A well shall be located with due consideration given to the extent of the property, the contour of the land, elevation of the site, the depth to the water table, other geological characteristics, local groundwater conditions, and other factors necessary to provide a safe and reliable public water supply. A well shall meet all of the following requirements:

(a) Located so the well and its surrounding area is controlled and protected from potential sources of contamination.

(b) Adequate in size, design, and development for the intended use.

(c) Constructed to maintain existing natural protection against contamination of waterbearing formations and to prevent all known sources of contamination from entering the well.

(d) Protected against the entry of surface water.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.10808** Standard isolation area generally {#sec-r-325.10808 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10808}

Rule 808. The standard isolation areas from any existing or potential sources of contamination, including, but not limited to, storm and sanitary sewers, pipelines, septic tanks, drain fields, dry wells, cesspools, seepage pits, leaching beds, barnyards, or any surface water, other area or facility from which contamination of the groundwater may occur, are established for public water supplies as follows:

(a) For type I and type IIa public water supplies, the standard isolation area is an area measured with a radius of 200 feet in all directions from the well.

(b) For type IIb and type III water supplies, the standard isolation area is an area measured with a radius of 75 feet in all directions from the well.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.10809** Standard isolation area; modification; approval {#sec-r-325.10809 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10809}

Rule 809. (1) Modifications of the standard isolation area, if any, shall be determined for a site based on a study of hydrogeological conditions provided to the department by a public water supply under R 325.10813 and R 325.10814.

(2) The department may require an increase or approve a decrease in the standard isolation area of a well.

(3) Approval of the isolation area shall be obtained from the department before construction of a production well used for drinking or household purposes as part of a public water supply.

**History**
- *History: 1979 AC; 2009 AACS.*

##### **Mich. Admin. Code R 325.10810** Standard isolation area for type I public water supplies; ownership or control {#sec-r-325.10810 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10810}

Rule 810. (1) A type I public water supply shall own the approved isolation area except as provided by subrule (2) of this rule to prevent use of the property which could result in contamination of the public water supply.

(2) If a type I public water supply adequately demonstrates to the department that ownership of the isolation area is not possible, adequate control of the isolation area shall be required. Adequate control may be a long-term lease or easement including provisions to prevent use of the isolation area which could result in contamination of the well.

**History**
- *History: 1979 AC; 2009 AACS.*

##### **Mich. Admin. Code R 325.10811** Sewers within approved isolation area {#sec-r-325.10811 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10811}

Rule 811. (1) A storm or sanitary sewer shall not be located within the approved isolation area of a well for a type I or type IIa public water supply.

(2) A buried sewer, located within the approved isolation area for a type IIb or type III public water supply, shall be constructed with materials and joints as approved in writing by the department.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.10812** Location of wells; major sources of contamination {#sec-r-325.10812 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10812}

Rule 812. Wells serving type I and type IIa public water supplies shall be located a minimum distance of 2,000 feet, and wells serving type IIb and type III public water supplies shall be located a minimum distance of 800 feet, from known major sources of contamination, including large scale waste disposal sites, land application of sanitary wastewater or sludges, sanitary landfills, and chemical or waste chemical storage or disposal facilities. The department may require an increase or approve a decrease in the 2,000 foot distance for type I or type IIa public water supplies or the 800 foot distance for type IIb or type III public water supplies based on a study of hydrogeological conditions or other methods approved by the department for identifying the capture zone of a well.

**History**
- *History: 1979 AC; 2009 AACS.*

##### **Mich. Admin. Code R 325.10813** Study of hydrogeological conditions by type I and type IIa public water supplies {#sec-r-325.10813 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10813}

Rule 813. (1) A type I or type IIa public water supply shall prepare a study of hydrogeological conditions for determination of an isolation area and the acceptability of a test well location. The study shall be provided to the department and approval obtained.

(2) Previous studies of hydrogeological conditions that meet the criteria and intent of this rule may be considered by the department in determining the scope of or need for a study.

(3) A study of hydrogeological conditions shall mean investigations and a compilation and evaluation of data necessary to determine the isolation area, the acceptability of a test well location and construction, and the availability of water at that location. The study of hydrogeological conditions may include the following:

(a) The type of public water supply.

(b) The well capacity required of the public water supply.

(d) Identification of geological formations, including the thickness and characteristics of the aquifer, the number and thicknesses of protective layers, and if deemed necessary by the department, the areal extent of the protective formations.

(e) Location of the test well relative to sources of contamination.

(f) Susceptibility of the test well location to flooding.

(g) Depth to the water table from the established ground surface.

(h) Proximity of the well to surface water.

(i) An aquifer test of the well in accordance with R 325.10830.

(j) Water quality analyses.

(k) Identification of the contributing area to a well based on ground water flow simulations using a computer model as approved by the department.

(l) The location of the test well as a latitude and longitude expressed in degrees-minutesseconds or degrees-decimal degrees to 5 significant digits.

(4) The scope of the hydrogeological study may vary depending on the capacity required of the public water supply in relation to the aquifer capacity, the need for a modification of a standard isolation area, or other factors; and may include additional determinations required by the department, such as the general aquifer characteristics and interference relative to other wells and surface waters in proximity to the well site.

(5) Where an adverse resource impact, as defined in section 32701 of 1994 PA 451, MCL 324.32701 is likely to occur, the department may require the public water supply to provide for the collection of stream or river flow measurements on stream segments likely impacted by the operation of a well or wells by the public water supply. Flow measurements shall be required on not more than 2 potentially impacted stream segments selected by the department. When required by the department, the public water supply shall provide not fewer than 5 miscellaneous measurements of flow from each stream taken at a frequency of once a month from June to October, and not more than continuous flow monitoring in each stream for 6 months before to 1 year after the well or wells are put in service.

**History**
- *History: 1979 AC; 2009 AACS.*

##### **Mich. Admin. Code R 325.10814** Studies of type IIb and type III public water supplies {#sec-r-325.10814 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10814}

Rule 814. If a modification of the standard isolation area is requested by a type IIb or type III public water supply, the public water supply shall submit to the department and obtain approval for a study of hydrogeological conditions consistent with the capacity of the well and the capacity of the aquifer, and may include identification of the contributing area to a well serving the type IIb or type III public water supply based on groundwater flow simulations using a computer model as approved by the department.

**History**
- *History: 1979 AC; 2009 AACS.*

##### **Mich. Admin. Code R 325.10815** Conversion of a test well to a production well serving type I and type II public water supplies; procedures for department approval {#sec-r-325.10815 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10815}

Rule 815. (1) To receive department approval of the location and acceptability of a test well for conversion to a production well serving a type I or type II public water supply, the following conditions shall be met:

(a) Approval has been obtained from the department for the land parcel on which the test well is located.

(b) For type I public water supplies, ownership or adequate control as required by R 325.10810 or an option for ownership or adequate control of the required isolation area has been secured for the land parcel on which the test well is located.

(c) Where required, a study of hydrogeological conditions has been conducted that includes identification of the capture zone of the proposed production wells and has been approved by the department.

(d) Satisfactory aquifer tests have been completed on the test well or the well capacity has been established to the satisfaction of the department by other means.

(e) Water quality analyses show results meeting the state drinking water standards.

(2) When the department finds that a test well, its location, and its construction features meet the requirements of this part, the department may authorize conversion of the test well to a production well and, where necessary, the construction of additional production wells at the location.

**History**
- *History: 1979 AC; 2009 AACS.*

##### **Mich. Admin. Code R 325.10816** Location of well in area subject to flooding {#sec-r-325.10816 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10816}

Rule 816. (1) A well shall not be located in an area subject to flooding unless the well is protected as approved in writing by the department. The ground surface immediately adjacent to a well casing shall be graded so that surface water is diverted away from the casing. Surface flooding shall not be allowed closer than 25 feet from the well.

(2) The top of a well casing, any other opening into the well casing, well appurtenances, and controls shall be not less than 2 feet above the greater of the following:

(a) One hundred-year flood elevation.

(b) The maximum recorded flood elevation.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.10817** Top of well casing; elevation {#sec-r-325.10817 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10817}

Rule 817. The top of a well casing shall terminate not less than 12 inches above the established ground surface, or the floor of a pump room, well room, or well house. In addition, for type II b and type III public water supplies the top of a well casing may terminate not less than 12 inches above the floor of an approved basement offset.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.10818** Minimum well casing depth {#sec-r-325.10818 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10818}

Rule 818. Casings for all wells serving public water supplies shall extend not less than 25 feet below the established ground surface.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.10819** Well casing in rock formation {#sec-r-325.10819 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10819}

Rule 819. (1) In an area where a well is to be developed in fractured, jointed, or cavernous rock, the well shall not be approved as a production well unless all of the following conditions exist:

(a) Adequate protective material above the aquifer.

(b) No evidence of aquifer contamination.

(2) The department may also approve a well developed in fractured, jointed, or cavernous rock based on special well construction features and a hydrogeologic study.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.10820** Water suction lines {#sec-r-325.10820 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10820}

Rule 820. (1) A casing shall not be used as a suction line unless protected by a permanent outer casing.

(2) For type I and type IIa public water supplies, a buried water suction line extending outside the well casing is prohibited.

(3) For type IIb and type III public water supplies, a buried water suction line extending outside the well may be used if protected in a manner approved by the department.

(4) Any buried pump discharge line shall be under positive pressure at all times.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.10821** Casing materials {#sec-r-325.10821 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10821}

Rule 821. All casings used for wells serving a public water supply shall be of materials approved in writing by the department.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.10822** Grouting {#sec-r-325.10822 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10822}

Rule 822. All wells that serve public water supplies shall be grouted by a method approved by the department to obtain a tight bond between the well casing and the undisturbed natural earth formations, thus preventing the entrance of any surface water or near surface contaminants to the groundwater source.

**History**
- *History: 1979 AC; 1991 AACS.*

##### **Mich. Admin. Code R 325.10823** Flowing artesian wells; well construction {#sec-r-325.10823 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10823}

Rule 823. In areas where flowing artesian wells are commonly encountered, the well construction methods proposed by a public water supply to protect a flowing artesian aquifer and confining strata shall be submitted to the department and approval obtained prior to the start of construction.

**History**
- *History: 1979 AC; 2009 AACS.*

##### **Mich. Admin. Code R 325.10824** Flowing artesian wells; flow control {#sec-r-325.10824 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10824}

Rule 824. For flowing artesian wells, a direct connection between a discharge pipe for flow control and a sewer or other source of contamination is prohibited.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.10825** Elevation of discharge from well casing; location of connection to well casing {#sec-r-325.10825 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10825}

Rule 825. (1) For type I and type IIa public water supplies, a discharge from a well casing at an elevation less than 12 inches above the established ground surface is prohibited, except where an installation with an approved pitless adapter is permitted by the department.

(2) For type IIb and type III public water supplies, a connection to a well casing may be at least 12 inches above the floor of an approved basement offset, pump room, or well room, or the requirements of subrule (1) shall be met.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.10826** Construction and location of room housing pumping equipment or room housing top of well casing {#sec-r-325.10826 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10826}

Rule 826. (1) For type I and type IIa public water supplies, a room housing pumping equipment or a room housing the top of a well casing, where used, shall be constructed above the established ground surface allowing access to the pump for maintenance or repair.

(2) For type IIb and type III public water supplies, a room housing pumping equipment may be located below the established ground surface if it is located in, or attached to, an approved basement or is drained to the ground surface by gravity.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.10827** Tail pipe or pump suction pipe; termination {#sec-r-325.10827 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10827}

Rule 827. In screened wells, the bottom of a tail pipe or pump suction pipe shall terminate not less than 5 feet above the top of the screen.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.10828** Casing vents; sampling tap; relief valves {#sec-r-325.10828 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10828}

Rule 828. (1) Casing vents shall be both of the following:

(a) Provided on all wells and constructed to prevent the entrance of contaminants into the well.

(b) Extended to the outside atmosphere above the roof level if toxic or flammable gases are present.

(2) Provisions shall be made for collection of raw water samples by installation of a proper sampling tap in a convenient location as close to each well as possible. Provisions shall be made for collection of finished water samples by installation of a proper sampling tap at each entry point to the distribution system.

(3) Air vacuum relief valves, where used, shall be constructed to prevent entrance of contaminants into the well.

**History**
- *History: 1979 AC; 2009 AACS.*

##### **Mich. Admin. Code R 325.10829** Well appurtenances; type I public water supplies {#sec-r-325.10829 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10829}

Rule 829. (1) The following is required of each well serving type I public water supplies:

(a) Each well shall be equipped with a meter or other acceptable means to measure the volume of water produced.

(b) Each well shall be provided with an electrical outlet energized with the pump motor, chemical injection taps, and space necessary for the addition of chemicals so that treatment equipment can be readily connected to the well discharge line in the event the department requires chemical treatment to protect the public health.

(c) Each well shall be equipped to allow pumping to waste without interrupting normal service in the distribution system.

(d) Each well shall be equipped with a means to measure the water level.

(2) Subdivisions (a) and (b) of subrule (1) do not apply to individual wells which are a part of a multiple well field serving a type I public water supply if the multiple well field is equipped in accordance with the provisions of subdivisions (a) and (b) or where a well is a raw water source for a treatment system when the treatment system is equipped with a meter or other acceptable means to measure the volume of water produced.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.10830** Aquifer or performance testing requirements {#sec-r-325.10830 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10830}

Rule 830. (1) Each well constructed to serve a public water supply shall undergo an aquifer test or performance test, by a method approved by the department, after installation of a production well and prior to use of a well to supply water to a waterworks system.

(2) For type I and type IIa public water supplies, aquifer tests or performance tests shall be performed on the test well or production well. The tests may be required to do any of the following:

(a) Determine the adequacy of well depth and development.

(b) Secure water samples for quality analyses.

(d) Determine drawdown.

(e) Select permanent pumping equipment.

(f) Evaluate well efficiency.

(g) Assure proper utilization and protection of groundwater aquifers.

(3) For type IIb and type III public water supplies, aquifer tests or performance tests of wells shall demonstrate that water can be safely withdrawn from an aquifer in sufficient quantity to provide water for drinking and household purposes and of a quality meeting the state drinking water standards.

**History**
- *History: 1979 AC; 2009 AACS.*

##### **Mich. Admin. Code R 325.10831** New or reconditioned well; disinfection; water samples {#sec-r-325.10831 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10831}

Rule 831. (1) A new or reconditioned well or pump installation or well facility which is opened for maintenance or inspection shall be pumped to waste until the water is as clear as reasonably possible. Thereafter, the well and pumping equipment shall be properly disinfected.

(2) Before placing a new or reconditioned well or a well facility which is opened for maintenance or inspection into service, all of the following shall occur:

(a) Testing shall show the water to be free of chlorine before collection of each bacteriologic sample.

(b) Not fewer than 2 consecutive water samples for bacteriological analyses shall be collected from the well or well facility 24 hours apart, unless an alternate interval is approved by the department.

(c) Each analysis shall not indicate the presence of coliform. Analyses for other contaminants may be required by the department.

**History**
- *History: 1979 AC; 1991 AACS; 2009 AACS.*

##### **Mich. Admin. Code R 325.10832** Abandoned wells {#sec-r-325.10832 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10832}

Rule 832. An abandoned well shall be properly filled and sealed to prevent it from becoming a hazard or serving as a channel for contamination of the groundwater or the escape of subterranean gas.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.10833** Rescinded {#sec-r-325.10833 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10833}

PART 9. SURFACE WATER SOURCES

**History**
- *History: 1979 AC; 1991 AACS.*

##### **Mich. Admin. Code R 325.10901** Purpose {#sec-r-325.10901 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10901}

Rule 901. The purpose of this part is to establish certain requirements for the location and use of raw water intakes in surface water sources to assure a continuously adequate quantity of the best quality raw water available for treatment and distribution to the public.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.10902** Applicability; approval of deviations from minimum standards and requirements {#sec-r-325.10902 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10902}

Rule 902. (1) This part applies to public water supplies utilizing surface water sources.

This part sets minimum standards and requirements to be met to receive permits or approvals from the department for waterworks systems or portions of waterworks systems.

For purpose of this part, a supplier of a proposed public water supply is considered a public water supply.

(2) Deviations from the minimum standards and requirements of this part may be approved by the department if a public water supply demonstrates that a deviation will not adversely affect the public health. Deviations from this part shall be by permit condition for type I and type II public water supplies, and in writing by the department for type III public water supplies.

**History**
- *History: 1979 AC; 2009 AACS.*

##### **Mich. Admin. Code R 325.10904** Retroactivity of rules {#sec-r-325.10904 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10904}

Rule 904. This part is not retroactive for intakes in surface water sources constructed before January 12, 1978, unless the department determines that continued use of the intake or surface water source poses a health hazard.

**History**
- *History: 1979 AC; 2009 AACS.*

##### **Mich. Admin. Code R 325.10905** Assessment of proposed surface water source {#sec-r-325.10905 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10905}

Rule 905. (1) An assessment of a proposed surface water source shall be performed by the public water supply. The scope or need for the assessment shall be established in advance by the department after consultation with the owner.

(2) All of the following shall be determined for each alternate location of a surface water intake:

(a) The normal water quality.

(b) Any significant variations in water quality.

(d) The suitability of the water for treatment.

(e) The availability of an adequate and dependable source.

(3) Previous assessments of the same surface water source may be considered by the department in determining the scope or need for an assessment required by subrule (1) of this rule.

(4) The results of the assessment shall be submitted to the department for review, and approval shall be obtained prior to the issuance of a permit for the construction or use of an intake in a surface water source.

(5) Where the water quality of the proposed surface water source is unknown, the department may require sampling and analyses by the public water supply for a period not to exceed 1 year to determine water quality and suitability of the water for treatment.

**History**
- *History: 1979 AC; 2009 AACS.*

##### **Mich. Admin. Code R 325.10906** Intake from surface water source; design capacity {#sec-r-325.10906 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10906}

Rule 906. An intake from a surface water source shall be designed to withdraw raw water in no greater quantity than the available yield at the 100-year drought elevation or flow.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.10907** Intake inlet and pipeline {#sec-r-325.10907 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10907}

Rule 907. (1) The intake inlet shall be submerged so that hazards of the source waters, including physical hazards, icing hazards, and shipping hazards are minimized.

(2) Approval of the intake inlet configuration and construction materials shall be based on protection of the structure and control of the inlet velocity.

(3) The intake pipeline shall be constructed to reasonably protect against physical hazards associated with the surface water source.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.10908** Approval of intake materials {#sec-r-325.10908 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10908}

Rule 908. Classes and types of materials used for intake pipelines, joints, and intake inlets shall be as approved by the department.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.10909** Pressure testing required {#sec-r-325.10909 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.10909}

Rule 909. Pressure testing is required and the intake line shall meet the requirements of the pressure test prior to placing a new intake line into service.

PART 10. TREATMENT SYSTEMS AND PUMPING FACILITIES

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.11001** Purpose {#sec-r-325.11001 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.11001}

Rule 1001. The purpose of this part is to establish requirements for the treatment of surface water sources or other sources of water requiring treatment, and to establish requirements for water pumping facilities operated to provide a continuously adequate quantity of water meeting the state drinking water standards.

**History**
- *History: 1979 AC; 2009 AACS.*

##### **Mich. Admin. Code R 325.11002** Applicability; approval of deviations from minimum standards and requirements {#sec-r-325.11002 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.11002}

Rule 1002. (1) This part applies to public water supplies regarding subpart H systems, certain other treatment systems, and all water pumping facilities. This part sets standards and requirements to be met to receive permits or approvals from the department for waterworks systems. For purpose of this part, a supplier of a proposed public water supply is considered a public water supply.

(2) Deviations from the minimum standards and requirements in this part may be approved by the department if the public water supply demonstrates that the deviation will not adversely affect public health.

(3) Any deviations to the requirements for treatment of water sources shall not be in conflict with these rules.

**History**
- *History: 1979 AC; 1991 AACS; 2003 AACS; 2009 AACS.*

##### **Mich. Admin. Code R 325.11004** Rescinded {#sec-r-325.11004 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.11004}

**History**
- *History: 1979 AC; 1991 AACS; 1994 AACS; 2003 AACS.*

##### **Mich. Admin. Code R 325.11005** Treatment system; measurement of volume and rate of finished water flow {#sec-r-325.11005 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.11005}

Rule 1005. Each treatment system shall be provided with a means to measure the volume and rate of finished water produced.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.11006** Rated capacity of complete treatment system {#sec-r-325.11006 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.11006}

Rule 1006. (1) The department shall establish the rated capacity of new or existing complete treatment systems.

(2) The department shall notify the public water supply of its determination of rated capacity on the permit for a new complete treatment system or on the permit for an existing complete treatment system which undergoes alterations which affect rated capacity.

(3) The rated capacity of the complete treatment system is the smallest of the following rated capacities for each element or unit of the system:

(a) Intake. The rated capacity of the intake is the lesser of the intake capacity at the 100 year drought elevation or the intake capacity at the time of the lowest recorded elevation of surface water at the point of intake.

(b) Raw water supply. The rated capacity of the raw water supply is the firm capacity of raw water pumping units or the total flow from a system supplying raw water by gravity under minimum source water elevation conditions.

(c) Treatment processes. The rated capacity of treatment processes including coagulation, precipitation, sedimentation, and filtration is the established maximum allowable treatment rate. Where less than 4 filters are provided, the rated capacity of the filters is the maximum allowable treatment rate with the largest filter removed from service.

(d) Finished water supply. The rated capacity of the finished water supply to the distribution system or storage is the firm capacity of pumping systems or the total flow from a system supplying finished water by gravity under the limiting head condition.

**History**
- *History: 1979 AC; 2009 AACS.*

##### **Mich. Admin. Code R 325.11007** Retroactivity of rules {#sec-r-325.11007 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.11007}

Rule 1007. R 325.11006 and R 325.11008 are not retroactive for complete treatment systems constructed before January 12, 1978, unless the department determines that continued use of the existing system represents a health hazard.

**History**
- *History: 1979 AC; 2009 AACS.*

##### **Mich. Admin. Code R 325.11008** Complete treatment system; design and operation requirements {#sec-r-325.11008 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.11008}

Rule 1008. (1) A minimum of 2 units shall be provided for each treatment process for coagulation, sedimentation, and filtration.

(2) A sufficient primary coagulant dose shall be added to create a settleable or filterable floc at all times that a conventional filtration or direct filtration plant is in operation.

(3) Essential chemical systems for the application of disinfectants, primary coagulants, and other chemicals, as required by the department, shall be equipped to provide service at the maximum allowable treatment rate with the largest unit removed from service.

(4) Equipment provided for disinfection required under subrule (3) of this rule shall be capable of treatment at the rated treatment capacity with the largest unit removed from service.

(5) Application points for disinfection shall be provided, or be available, at all of the following locations:

(a) Before coagulation.

(b) Immediately preceding filtration.

(d) Immediately before entry of finished water into the distribution system.

(6) Each unit or element of a complete treatment system shall be provided with a means to remove it from service without interrupting the treatment process. However, a complete bypass of the coagulation, sedimentation, or filtration processes is prohibited.

(7) Each unit or element of a complete treatment system shall be provided with a means to drain and with overflow control sufficient to prevent flooding of the facility.

(8) Common walls between finished water and water of lesser quality are prohibited.

(9) Each complete treatment system shall be provided with a means to measure the volume and rate of raw water supplied and finished water produced.

(10) A complete treatment system shall be protected from the highest recorded flood elevation or the 100-year flood elevation, whichever is greater.

(11) Components of a complete treatment system which are essential for the protection of the public health and which are required for the production of drinking water on a continuous basis shall be protected from flooding.

**History**
- *History: 1979 AC; 1991 AACS; 2003 AACS.*

##### **Mich. Admin. Code R 325.11009** Rescinded {#sec-r-325.11009 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.11009}

**History**
- *History: 1979 AC; 2003 AACS.*

##### **Mich. Admin. Code R 325.11010** Applicability of pumping facility {#sec-r-325.11010 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.11010}

Rule 1010. Until January 1, 2016, R 325.11011 and R 325.11012 apply to all raw water, finished water, and distribution system pumping installations in type I public water supplies, except distribution system pumping facilities where service is provided to less than 50 service connections or to less than 200 individuals. Beginning January 1, 2016, R 325.11011 and R 325.11012 apply to all raw water, finished water, and distribution system pumping installations in type I public water supplies.

**History**
- *History: 1979 AC; 2009 AACS.*

##### **Mich. Admin. Code R 325.11011** Pumping facility; capacity {#sec-r-325.11011 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.11011}

Rule 1011. A pumping facility shall have sufficient capacity to meet the service area demands with the largest unit removed from service.

**History**
- *History: 1979 AC; 2009 AACS.*

##### **Mich. Admin. Code R 325.11012** Pumping facility; servicing {#sec-r-325.11012 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.11012}

Rule 1012. Each unit of a pumping facility shall be provided with a means to remove it from service without interrupting service to the distribution system.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.11013** Pumping facility; storage and demand {#sec-r-325.11013 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.11013}

Rule 1013. All pumping facilities operating with hydropneumatic storage systems or with less than adequate gravity storage systems shall have capacity equal to, or greater than, peak instantaneous demands. This rule shall apply to all public water supplies.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.11014** Pumping facility; protection from flooding {#sec-r-325.11014 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.11014}

Rule 1014. (1) A pumping facility shall be protected from the highest recorded flood elevation or the 100-year flood elevation, whichever is greater.

(2) Components of a pumping facility essential for protection of public health and required for pumping water on a continuous basis shall be protected from flooding.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.11015** Pumping facility; pressure {#sec-r-325.11015 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.11015}

Rule 1015. (1) All finished water pumping facilities shall be designed to maintain a minimum pressure of 5 psi gauge in all buried suction piping and suction piping subject to flooding.

(2) For finished water pumping facilities taking direct suction from a distribution system, a minimum pressure of 35 psi under normal operating conditions and 20 psi during emergencies such as firefighting shall be maintained in the distribution system on the low pressure side of the facility.

**History**
- *History: 1979 AC; 2009 AACS.*

##### **Mich. Admin. Code R 325.11016** Protection of treatment systems and pumping facilities {#sec-r-325.11016 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.11016}

Rule 1016. Public water supplies shall take reasonable precautions to protect treatment systems and pumping facilities from trespassers and to prevent introduction of contaminants into the waterworks system.

PART 11. DISTRIBUTION SYSTEMS AND STORAGE TANKS

**History**
- *History: 1979 AC; 2009 AACS.*

##### **Mich. Admin. Code R 325.11101** Purpose {#sec-r-325.11101 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.11101}

Rule 1101. The purpose of this part is to establish certain requirements for distribution systems and water storage tanks to assure a continuously adequate quantity and quality of water for drinking and household purposes.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.11102** Applicability; approval of deviations from minimum standards and requirements {#sec-r-325.11102 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.11102}

Rule 1102. (1) This part applies to public water supplies. This part sets minimum standards and requirements to be met to receive permits or approvals from the department for waterworks systems. For purposes of this part, a supplier of a proposed public water supply is considered a public water supply.

(2) Deviations from the minimum standards and requirements in this part may be approved by the department if a public water supply demonstrates that a deviation will not adversely affect the public health. Deviations from this part shall be by permit condition for type I public water supplies, and in writing by the department for type II and type III public water supplies.

**History**
- *History: 1979 AC; 1998 AACS; 2009 AACS.*

##### **Mich. Admin. Code R 325.11104** Retroactivity of rules {#sec-r-325.11104 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.11104}

Rule 1104. This part is not retroactive for distribution systems and water storage tanks constructed before January 12, 1978, unless the department determines that continued use of a distribution system or storage tank poses a health hazard.

**History**
- *History: 1979 AC; 2009 AACS.*

##### **Mich. Admin. Code R 325.11105** Capacity of distribution system; fire hydrants; inadequately sized watermains {#sec-r-325.11105 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.11105}

Rule 1105. (1) Distribution systems shall have sufficient capacity to meet peak demands, including fire flow demands where fire protection is provided, while continuously maintaining a minimum of 35 psi throughout the distribution system under normal operating conditions and 20 psi throughout the distribution system during emergencies such as fire fighting.

(2) The department may prohibit installation of fire hydrants where watermain capacity, system source capacity, storage capacity, or pressure is inadequate to sustain fire flow demands in addition to normal user demands.

(3) Replacement of inadequately sized watermains with watermains of the same size is prohibited.

**History**
- *History: 1979 AC; 2009 AACS.*

##### **Mich. Admin. Code R 325.11106** Water main and joint materials {#sec-r-325.11106 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.11106}

Rule 1106. Classes and types of materials used for water mains and joints shall be as approved in writing by the department.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.11107** Isolation of water mains from sources of contamination {#sec-r-325.11107 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.11107}

Rule 1107. All public water supplies shall maintain adequate vertical and horizontal isolation of water mains from sources of contamination.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.11108** Distribution system valves {#sec-r-325.11108 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.11108}

Rule 1108. (1) Sufficient valves shall be provided on distribution systems to minimize interruptions in service and minimize sanitary hazards during construction or repairs.

(2) Automatic air relief and automatic vacuum relief valves, if provided on the distribution system, shall be installed and maintained to prevent contaminants from entering the distribution system.

(3) Buried stop-and-waste valves on service lines and the installation of other valves with openings subject to flooding are prohibited.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.11109** Type I public water supplies; pressure testing of new water mains {#sec-r-325.11109 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.11109}

Rule 1109. For type I public water supplies, pressure testing is required for new water mains, and the requirements of the pressure test shall be met prior to placing a new water main in service.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.11110** Distribution systems; flushing, disinfection, and water analysis {#sec-r-325.11110 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.11110}

Rule 1110. (1) Proper techniques shall be followed during construction to keep water mains clean and dry. New water mains shall be flushed thoroughly before disinfection.

(2) Disinfection of new water mains is required.

(3) Before placing a new water main in service, all of the following shall occur:

(a) Before collection of each bacteriologic sample, heavily chlorinated water shall be flushed from the main and appurtenances until the chlorine measurements in the water leaving the main is absent or no higher than that normally maintained in the distribution system.

(b) Not fewer than 2 consecutive water samples for bacteriological analysis shall be collected 24 hours apart unless an alternate interval is approved by the department.

(c) An analysis shall not indicate the presence of coliform. Analyses for other contaminants may be required if the department has reason to believe that these contaminants are present.

(4) A public water supply in which all or part of a distribution system is not in year-round service shall comply with subrules (2) and (3) of this rule before placing the system into service for the season.

**History**
- *History: 1979 AC; 1991 AACS; 2009 AACS.*

##### **Mich. Admin. Code R 325.11111** Distribution system records {#sec-r-325.11111 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.11111}

Rule 1111. A public water supply shall maintain adequate records on the operation of the water distribution system, on the location and type of maintenance performed, and on the type of materials and appurtenances used.

**History**
- *History: 1979 AC; 2009 AACS.*

##### **Mich. Admin. Code R 325.11112** Storage tanks generally {#sec-r-325.11112 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.11112}

Rule 1112. All storage tanks, including hydropneumatic or gravity storage tanks which are used for the storage of finished water, shall meet all of the following requirements:

(a) Be watertight below the maximum water level elevation.

(b) Be constructed with materials and coatings approved by the department pursuant to part 21 of these rules.

(d) Be provided with access to the inside of the tank for inspection or repair.

(e) Be capable of being isolated from the distribution system and drained without interrupting service to users or customers.

(f) Prevent sediment or debris which may collect in the tank from entering the distribution system.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.11113** Gravity storage tanks {#sec-r-325.11113 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.11113}

Rule 1113. All gravity storage tanks shall be provided with all of the following:

(a) A watertight and properly drained roof.

(b) A vent of sufficient size.

(d) A high and low level warning device.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.11114** Ground level gravity storage tanks {#sec-r-325.11114 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.11114}

Rule 1114. (1) The bottom of a ground level gravity storage tank shall be above the highest groundwater level.

(2) The bottom of a ground level gravity storage tank shall be located at least 1 foot above the 100-year flood elevation or the maximum recorded flood elevation, whichever is greater.

(3) The site of a ground level gravity storage tank shall be graded to direct surface drainage away from the tank.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.11115** Hydropneumatic storage tanks {#sec-r-325.11115 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.11115}

Rule 1115. (1) For type I and type IIa public water supplies, a hydropneumatic tank shall be located above the established ground surface and installed in a wellhouse, except it shall be acceptable to expose 1 end of the hydropneumatic tank and the controls in a wellhouse and mound earth cover material over the remainder of the tank.

(2) For type IIb and type III public water supplies, a hydropneumatic tank may be partially buried if controls are located in an approved basement or in a room or pit drained by gravity to the ground surface. A totally buried hydropneumatic tank may be used if manufactured and installed as approved by the department.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.11116** Type I public water supplies; pressure testing of new storage tanks {#sec-r-325.11116 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.11116}

Rule 1116. For type I public water supplies, hydrostatic pressure testing is required for new storage tanks, and the requirements of the pressure test shall be met prior to placing a new storage tank into service.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.11117** Storage tanks; disinfection and water analysis {#sec-r-325.11117 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.11117}

Rule 1117. (1) Proper techniques shall be followed during construction to keep storage tanks clean and dry.

(2) A finished water storage tank shall be disinfected before initial use and after any internal maintenance or repair activity.

(3) Before placing a storage tank into service all of the following shall occur:

(a) Before collection of each bacteriologic sample, heavily chlorinated water shall be flushed from the tank, drain piping, riser and all other appurtenances until the chlorine measurements in the water leaving the tank is absent or no higher than that normally maintained in the storage tank.

(b) Not fewer than 2 consecutive water samples for bacteriological analysis shall be collected 24 hours apart unless an alternate interval is approved by the department.

(c) An analysis shall not indicate the presence of coliform. Analyses for other contaminants may be required if the department has reason to believe that these contaminants are present.

**History**
- *History: 1979 AC; 1991 AACS; 2009 AACS.*

##### **Mich. Admin. Code R 325.11118** Protection of storage tanks {#sec-r-325.11118 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.11118}

Rule 1118. Public water supplies shall take reasonable precautions to protect storage tanks from trespassers and to prevent introduction of contaminants into the distribution system or storage tanks.

PART 12. RELIABILITY

**History**
- *History: 1979 AC; 2009 AACS.*

##### **Mich. Admin. Code R 325.11201** Purpose {#sec-r-325.11201 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.11201}

Rule 1201. The purpose of this part is to establish certain requirements for maintaining the reliability of public water supply systems to assure a continuous supply of water for drinking and household purposes.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.11202** Applicability; approval of deviations from minimum requirements {#sec-r-325.11202 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.11202}

Rule 1202. (1) This part applies to type I public water supplies and are minimum requirements of the department.

(2) Deviations from the minimum requirements in this part may be approved in writing by the department. For purposes of this part, a supplier of a proposed public water supply is considered a public water supply.

**History**
- *History: 1979 AC; 2009 AACS.*

##### **Mich. Admin. Code R 325.11203** Study of water supply requirements for type I public water supply; proposal for compliance {#sec-r-325.11203 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.11203}

Rule 1203. (1) A type I public water supply shall conduct a study to determine the quantity of water supply needed for the waterworks system and shall propose a method of compliance in accordance with R 325.11204.

(2) The study required by subrule (1) of this rule shall be based on 5-year and 20-year projections of water use by the public water supply. The study shall be updated every 5 years unless the owner demonstrates that water use projections are stable and this requirement is waived by the department.

(3) At a minimum, the information presented in this study shall include all of the following:

(a) Basic planning data, including current population, number of service connections, and equivalent residential units.

(b) Sufficient water production and consumption data to identify trends for both 5-year and 20-year planning periods, including the following elements:

(i) The present and projected average daily demand.

(ii) The present and projected maximum daily demand.

(iii) The present and projected maximum hourly demand.

(iv) The present and projected peak instantaneous demand for systems using hydropneumatic storage.

(v) The present and projected fire flow demand.

(vi) The basis of demand projections.

(vii) Monthly and annual production totals for each source, including water purchased from another public water supply.

(viii) Annual usage totals for water supplied to other public water supplies.

(ix) Annual usage totals for each customer class as determined by the public water supply.

(4) Permits shall not be issued by the department to a public water supply unless an approved study of water supply quantity requirements is available.

**History**
- *History: 1979 AC; 2009 AACS; 2015 AACS.*

##### **Mich. Admin. Code R 325.11204** Required capacity of waterworks systems; applicability {#sec-r-325.11204 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.11204}

Rule 1204. A type I public water supply shall provide sufficient capacity in the waterworks system to meet the approved finished water supply requirements. That capacity may be 1 or any combination of the following:

(a) Rated capacity from an approved surface water supply or complete treatment system.

(b) Firm capacity from an approved groundwater supply where firm capacity equals the flow with the largest producing well out of service.

(d) Finished water storage capacity in excess of the established normal waterworks system requirements.

**History**
- *History: 1979 AC; 2009 AACS.*

##### **Mich. Admin. Code R 325.11205** Minimum number of wells {#sec-r-325.11205 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.11205}

Rule 1205. For type I public water supplies where groundwater is the sole source of water supply, a minimum of 2 wells, with separate pumping units as required, shall be provided.

**History**
- *History: 1979 AC; 2009 AACS.*

##### **Mich. Admin. Code R 325.11206** Interruption of power service; applicability; compliance date {#sec-r-325.11206 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.11206}

Rule 1206. (1) A type I public water supply that provides service to 100 or more living units shall provide a means to continuously supply finished water to the entire distribution system during periods when the normal power service is interrupted. A group living facility with 200 or more beds based on full capacity is equivalent to 100 or more living units and shall comply with this rule. Examples of a group living facility include a health care facility, correctional facility, and group home.

(2) Both of the following type I public water supplies that existed before the effective date of this rule are not required to comply with this rule until January 1, 2016:

(a) Those that serve 100 or more living units and that serve fewer than 200 individuals.

(b) Those that serve 100 or more living units and that serve facilities which are licensed annually by the state including manufactured housing communities and health care facilities.

**History**
- *History: 1979 AC; 2009 AACS.*

##### **Mich. Admin. Code R 325.11207** Interruption in water service to distribution system {#sec-r-325.11207 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.11207}

Rule 1207. If an interruption in water service to the distribution system occurs due to a failure in the source of supply, the water shall be disinfected in a manner approved by the department and compliance with the state drinking water standards shall be demonstrated by additional bacteriological monitoring. The department may require the supplier of water to provide notice to customers or users of the public water supply in accordance with the provisions of part 4.

PART 13. CONSTRUCTION PLANS AND SPECIFICATIONS AND PERMITS

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.11301** Purpose {#sec-r-325.11301 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.11301}

Rule 1301. This part applies to type I and type II public water supplies.

This part prescribes requirements regarding the submission of plans and specifications or other pertinent information for the construction or alteration of a waterworks system, or a portion of a waterworks system, to be met to receive permits by the department for that construction or alteration. For purposes of this part, a supplier of a proposed type I or type II public water supply is considered a public water supply.

**History**
- *History: 1979 AC; 2009 AACS.*

##### **Mich. Admin. Code R 325.11302** Submission of plans and specifications for construction or alteration of waterworks system; guidance material {#sec-r-325.11302 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.11302}

Rule 1302. (1) For type I public water supplies, before the construction or alteration of a waterworks system, or a portion of a waterworks system, plans and specifications shall be submitted to the department by a public water supply or its designated agent for review, approval, and issuance of a permit, unless otherwise accepted under R 325.11304.

(2) A permit application shall be submitted with the plans and specifications, shall identify and summarize plans or projects, and, if applicable, shall indicate the authorization of the designated agent for the public water supply.

(3) Both of the following shall be used, whenever applicable, when preparing plans and specifications:

(a) Recommended standards for water works, prepared by the Great Lakes Upper Mississippi board of state sanitary engineers under R 325.10113.

(b) Suggested practices for waterworks design, construction, and operation for type I public water supplies, prepared by the Michigan department of environmental quality, water bureau under R 325.10113.

**History**
- *History: 1979 AC; 2009 AACS.*

##### **Mich. Admin. Code R 325.11303** Engineering report or basis of design; approval {#sec-r-325.11303 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.11303}

Rule 1303. (1) If requested by the department, a public water supply shall submit an engineering report for a significant project or a basis of design, or both, for approval by the department, before plans and specifications are submitted for the construction or alteration of a portion of a waterworks system.

(2) The department may reject or return any plans and specifications submitted by a public water supply for the construction or alteration of a waterworks system, or a portion of a waterworks system, unless an engineering report or basis of design, or both, as requested by the department, have been approved.

**History**
- *History: 1979 AC; 2009 AACS.*

##### **Mich. Admin. Code R 325.11304** Type I and type II public water supplies; construction details and sketch of proposed waterworks system; replacement of watermains and appurtenances; permit {#sec-r-325.11304 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.11304}

Rule 1304. (1) Type II public water supplies shall submit construction details and an acceptable scaled drawing properly dimensioned showing important aspects of the general layout of a proposed waterworks system, or portion of a waterworks system, and shall obtain a permit for the construction or alteration of source facilities, pumping facilities, distribution systems, and storage facilities, and any treatment for public health purposes or treatment such as chemical injection that may affect public health, prior to construction.

(2) Type I public water supplies are not required to submit plans and specifications or to obtain a permit for the replacement of an adequately sized watermain or other appurtenance on a distribution system which does not affect flow or capacity.

**History**
- *History: 1979 AC; 2009 AACS.*

##### **Mich. Admin. Code R 325.11305** Review of plans and specifications by department {#sec-r-325.11305 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.11305}

Rule 1305. (1) Upon receipt of plans and specifications or other pertinent information for the construction or alteration of a waterworks system, or portion of a waterworks system, the department shall review them as soon as practicable to determine their completeness with regard to the minimum requirements specified by these rules, and to determine their adequacy. In making its review, the department shall not approve the plans and specifications unless it determines that the waterworks system, or portion of a waterworks system, is designed to protect the public health.

(2) If the department determines that plans and specifications or other pertinent information are incomplete or inadequate, it shall notify the public water supply or authorized agent and may request the submission of revised plans and specifications or other pertinent information with appropriate corrections or additions. The department shall not grant an approval of these submittals or issue a permit until the plans and specifications or other pertinent information are complete and are judged to be adequate.

(3) The department may designate an agent or representative, including a local health department, for the purposes of reviewing information submitted and issuing permits for type II public water supplies, where appropriate.

**History**
- *History: 1979 AC; 2009 AACS.*

##### **Mich. Admin. Code R 325.11306** Approval of plans and specifications; permit {#sec-r-325.11306 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.11306}

Rule 1306. (1) Upon a determination by the department that the plans and specifications or other pertinent information for the construction or alteration of a waterworks system, or portion of a waterworks system, are complete and adequate, the department shall mark the plans or scaled drawing showing approval and shall issue a permit to the public water supply.

(2) A permit issued under the act and these rules shall expire unless construction or alteration commences within 2 years from the date of issuance. A public water supply may apply for a permit extension in accordance with these rules prior to expiration of a permit.

A request for a permit extension shall be submitted in writing identifying the project and the number on the permit issued by the department for which the extension is requested and the reason for requesting the extension.

**History**
- *History: 1979 AC; 2009 AACS.*

##### **Mich. Admin. Code R 325.11307** Denial of permit {#sec-r-325.11307 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.11307}

Rule 1307. The department may deny a permit request when it determines that a public water supply cannot provide a continuous and adequate supply of water meeting the state drinking water standards.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.11308** Permit terms and conditions {#sec-r-325.11308 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.11308}

Rule 1308. The department may attach any term or condition to a permit issued under the act and these rules to a public water supply that it deems necessary to assure proper construction, alteration, and operation of a waterworks system, or a portion of a waterworks system, to protect the public health.

**History**
- *History: 1979 AC; 2009 AACS.*

##### **Mich. Admin. Code R 325.11309** Revision of approved plans and specifications {#sec-r-325.11309 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.11309}

Rule 1309. (1) Changes from approved plans or specifications or other pertinent information which would affect the well or watermain isolation or capacity, flow, treatment, or operation of the waterworks system, or portion thereof, shall be submitted to the department and approval obtained before construction of the changes. Changes from approved proposals shall be submitted in advance of any construction work which will be affected by the changes to allow sufficient time for review and approval by the department.

(2) Revisions or minor changes not affecting isolation, capacity, flows, treatment, or operation may be allowed during construction without the approval of the department.

(3) As-built plans, clearly showing the work as constructed, shall be submitted to the department upon request.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.11310** Minimizing operational interference with existing waterworks system; construction program {#sec-r-325.11310 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.11310}

Rule 1310. The department may request a public water supply to submit for approval a program for construction which minimizes operational interference with an existing waterworks system, and which allows the public water supply to maintain continuous service of water to customers or users of that waterworks system in a safe and reliable manner. If requested, the program shall be submitted before commencing construction or an alteration of a waterworks system.

**History**
- *History: 1979 AC; 2009 AACS.*

##### **Mich. Admin. Code R 325.11311** Revocation of permit {#sec-r-325.11311 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.11311}

Rule 1311. The department may revoke a permit if it determines that a public water supply or its designated agent is not constructing or making an alteration to a waterworks system in accordance with approved plans and specifications, other approved information, or the act. The department shall notify the public water supply before revocation of the permit and provide an opportunity to take corrective action as may be required. The department shall revoke the permit and simultaneously order the public water supply to halt construction authorized by that permit if the public water supply does not effect the corrections within a reasonable period of time.

PART 14. CROSS-CONNECTIONS

**History**
- *History: 1979 AC; 2009 AACS.*

##### **Mich. Admin. Code R 325.11401** Definitions {#sec-r-325.11401 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.11401}

Rule 1401. As used in this part:

(a) "Backflow" means water of questionable quality, wastes, or other contaminants entering a potable water supply system due to a reversal of flow.

(b) “Unprotected cross connection” means a cross connection between a potable and nonpotable system where inadequate methods are provided to prevent backflow.

**History**
- *History: 1979 AC; 2015 AACS.*

##### **Mich. Admin. Code R 325.11402** Compliance with regulations and local codes {#sec-r-325.11402 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.11402}

Rule 1402. A connection with a public water supply system shall comply with existing laws, ordinances, codes, and rules including:

(a) All sections of the Michigan plumbing code or the Michigan residential code pertaining to backflow and cross connection control. The codes allow for existing plumbing systems to stay as currently installed, providing they were installed properly according to the code in effect at the time of installation and they do not currently present a safety hazard.

(b) Local ordinances or rules providing acceptable protection against cross connections.

**History**
- *History: 1979 AC; 2009 AACS; 2015 AACS.*

##### **Mich. Admin. Code R 325.11403** Cross-connections prohibited {#sec-r-325.11403 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.11403}

Rule 1403. (1) A temporary or permanent unprotected cross connection between a public water supply system and any source, piping, or system that may contain nonpotable water or other substances is prohibited.

(2) Subrule (1) of this rule applies to all customer types, such as, industrial, commercial, institutional, governmental, and single and multi-unit residential.

(3) Piping configurations creating the potential for water from a public distribution system to flow through a private water main or customer site piping and back into the public system are prohibited. Areas of private water main served by two or more service connections, where flow through the private system can re-enter the public system shall have cross connection control protection installed at each connection point to the public system.

**History**
- *History: 1979 AC; 2015 AACS.*

##### **Mich. Admin. Code R 325.11404** Local cross connection control programs {#sec-r-325.11404 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.11404}

Rule 1404. (1) A type 1 public water supply shall develop a comprehensive control program for the elimination and prevention of all cross connections. The plan for the program shall be submitted to the department for review and approval. Supplies may use the best practices manual for cross connection control prepared by the department, office of drinking water and municipal assistance, listed in R 325.10113 when developing a cross connection control program. When the plan is approved, the water supply shall implement the program for removal of all existing cross connections and prevention of all future cross connections.

(2) At a minimum, the program shall include all of the following:

(a) A complete description of the method of administering the program, including the designation of inspection and enforcement agency or agencies. The local authority for implementation of the program shall be indicated, preferably by ordinance.

(b) A time schedule for inspection and reinspection of all water supply customers' premises for possible cross connections. The periodic reinspection shall be to ascertain if safe air gaps or required backflow preventers are in place.

(c) A description of the methods and backflow preventers, as approved by the department, used to protect the public water supply.

(d) A time schedule for the testing of all testable backflow preventers. The schedule contained in the program shall require testing at least once every 3 years. Backflow preventers installed on lawn irrigation systems with no chemical treatment may be tested once every 5 years if specified within the approved local cross connection control program.

(e) A description of the time allowed for a customer to complete necessary corrections.

(f) A description of the record keeping methods.

(3) Upon receiving written notice from the department, a public water supply shall provide an updated program within 6 months.

(4) A water supply shall report annually to the department on the status of the cross connection control program on a form provided by the department.

**History**
- *History: 1979 AC; 1998 AACS; 2009 AACS; 2015 AACS.*

##### **Mich. Admin. Code R 325.11405** Backflow preventers; tester qualifications and corrections {#sec-r-325.11405 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.11405}

Rule 1405. (1) Backflow preventers shall meet the applicable ASSE or CSA standards.

(2) Beginning January 1, 2018, test results of backflow preventers are valid only if testing was performed by individuals holding an active ASSE 5110 certification.

(3) The total time allowed for completion of the necessary corrections shall be contingent upon the degree of hazard involved and include the time required to obtain and install equipment. If the cross connection has not been removed or properly protected, after a reasonable period of time, the water supply shall shut off the water supply to the premises or physically separate the public water supply system from the onsite piping system in a manner that the 2 systems cannot again be connected by any unauthorized person.

**History**
- *History: 1979 AC; 1998 AACS; 2009 AACS; 2015 AACS.*

##### **Mich. Admin. Code R 325.11406** Piping identification {#sec-r-325.11406 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.11406}

Rule 1406. When a secondary water source is used in addition to a public water supply system, exposed public water and secondary water piping shall be identified by distinguishing colors or tags and so maintained that each pipe may be traced readily in its entirety. If piping is so installed that it is impossible to trace it in its entirety, it will be necessary to protect the public water supply at the service connection in a manner acceptable to the department.

**History**
- *History: 1979 AC; 1998 AACS.*

##### **Mich. Admin. Code R 325.11407** Private water storage tanks {#sec-r-325.11407 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.11407}

Rule 1407. A private water storage tank supplied from a public water supply system shall be deemed a secondary water supply unless it is designed and approved for potable water usage.

PART 15. OPERATION REPORTS AND RECORDKEEPING

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.11501** Purpose {#sec-r-325.11501 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.11501}

Rule 1501. The purpose of this part is to establish requirements of certain public water supplies for the periodic submission of operation reports and for the retention of certain records as required by the provisions of the act and the federal act.

**History**
- *History: 1979 AC; 2009 AACS.*

##### **Mich. Admin. Code R 325.11502** Monthly operation reports of public water supplies employing treatment {#sec-r-325.11502 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.11502}

Rule 1502. (1) A community water supply where treatment is employed or a noncommunity water supply where treatment is employed for public health purposes, or treatment such as chemical injection that may affect public health, shall prepare an operation report on a form provided by the department for each month of operation. The report shall identify areas where data entry is required under R 325.10719e, R 325.10719f, R 325.10720, and R 325.10720a and shall include all of the following information:

(a) General operation data, including turbidity determinations.

(b) A summary of samples analyzed, including distribution system sampling and residual disinfectant concentration.

(d) Information on chemical application.

(e) Analyses of general parameters relating to the quality of the treated drinking water.

(2) The operation report shall be submitted to the department during the month following the month for which the operation report was prepared, unless otherwise required in part 7 of these rules.

**History**
- *History: 1979 AC; 1991 AACS; 2003 AACS; 2009 AACS.*

##### **Mich. Admin. Code R 325.11503** Rescinded {#sec-r-325.11503 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.11503}

**History**
- *History: 1979 AC; 1991 AACS; 2003 AACS.*

##### **Mich. Admin. Code R 325.11504** Annual reports {#sec-r-325.11504 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.11504}

Rule 1504. (1) A type I public water supply which does not submit a monthly operation report shall submit an annual report on a form provided by the department. The department may require certain type II public water supplies to submit annual reports. The report shall include a summary of water pumpage and water use.

(2) The type I public water supply shall submit the annual report to the department on or before March 31 following the year covered by the report.

**History**
- *History: 1979 AC; 2009 AACS.*

##### **Mich. Admin. Code R 325.11505** Additional reports required by department {#sec-r-325.11505 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.11505}

Rule 1505. (1) The department may require a public water supply to submit reports required under this part on a more frequent basis if the department finds that discrepancies, violations, or other problems are or may be occurring based on the department's review of a monthly or annual operation report or based on a sanitary survey, on-site inspection, surveillance observation, or special investigation conducted by the department.

(2) The department may require a public water supply to submit other reports as it deems necessary to evaluate the adequacy of the public water supply.

**History**
- *History: 1979 AC; 2009 AACS.*

##### **Mich. Admin. Code R 325.11505a** Submission of C*T calculations {#sec-r-325.11505a omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.11505a}

Rule 1505a. A public water supply that employs a disinfectant shall, within 6 months of a written request from the department, submit a determination of the C*T calculations. The public water supply shall submit the supporting data as necessary for the department to determine compliance with the provisions of R 325.10611a (2) (a).

**History**
- *History: 1991 AACS; 2003 AACS; 2009 AACS.*

##### **Mich. Admin. Code R 325.11506** Retention of records; generally {#sec-r-325.11506 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.11506}

Rule 1506. (1) A community or noncommunity water supply shall retain on its premises or at a convenient location near its premises all of the following records:

(a) Records of bacteriological analyses that are required under part 7 of these rules, which shall be kept for not less than 5 years.

(b) Records of chemical analyses that are required under part 7 of these rules, which shall be kept for not less than 10 years.

(c) Records of microbiological analyses and turbidity analyses that are required under part 7 of these rules, which shall be kept for not less than 5 years.

(d) Records of radiological analyses that are required under part 7 of these rules, which shall be kept for not less than 10 years.

(e) Original records of all sampling data and analyses, reports, surveys, letters, evaluations, schedules, department determinations, and any other information that is required under R 325.10604f(2) to (6), R 325.10410, and R 325.10710a to R 325.10710c, which shall be retained for not less than 12 years.

(f) Results of the disinfection profile and benchmark, which shall be retained indefinitely.

(g) Copies of monitoring plans developed under these rules shall be kept for the same period of time as the records of analyses taken under the plan are required to be kept under this subrule, except as specified elsewhere in these rules.

(2) Actual laboratory reports for chemical, bacteriological, turbidity, disinfection profile and benchmark, and radiological analyses shall be kept; however, the analyses data may be transferred to tabular summaries if all of the following information is included:

(a) The date, place, and time of sampling and the name of the person who collected the sample.

(b) Identification of the sample as a routine distribution system sample, check sample, raw or treated water sample, or other special purpose sample.

(d) The laboratory and the person who was responsible for performing the analysis.

(e) The analytical technique or method used.

(f) The results of the analysis.

(3) Records of action taken by the supply to correct violations of the state drinking water standards shall be kept for not less than 3 years after the last action taken with respect to the particular violation.

(4) Copies of any written reports, summaries, or communications which relate to sanitary surveys of the public water supply and which were conducted by the public water supply itself, by a private consultant, by the department, or by any local, state, or federal agency shall be kept for not less than 10 years after completion of the sanitary survey involved.

(5) Records that involve a variance or an exemption that was granted to a public water supply shall be kept for not less than 5 years after the expiration date of the variance or exemption.

(6) Records that involve any emergency or public notification regarding a public water supply shall be kept for not less than 3 years after the emergency or public notification.

**History**
- *History: 1979 AC; 1994 AACS; 2002 AACS; 2003 AACS; 2005 AACS; 2009 AACS; 2018 AACS.*

##### **Mich. Admin. Code R 325.11507** Retention of records; filterbackwash {#sec-r-325.11507 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.11507}

Rule 1507. A subpart H supply that employs conventional filtration or direct filtration treatment and that recycles spent filter backwash water, thickener supernatant, or liquids from dewatering processes shall collect and retain on file all of the following recycle flow information for review and evaluation by the department:

(a) Copy of the recycle notification and information submitted to the department under 40 CFR §141.76(b), (2008), which is adopted by reference. The adopted material is contained in Title 40 CFR parts 136 to 149 which is available for purchase for $64.00 at the time of adoption of these rules from the superintendent of documents at the address in R 325.10116(b). The adopted material is available for inspection and a copy is available at no cost from the offices of the department at the address in R 325.10116(a).

(b) A list of all recycle flows and the frequency with which they are returned.

(c) The average and maximum backwash flow rate through the filters and the average and maximum duration of the filter backwash process in minutes.

(d) The typical filter run length and a written summary of how filter run length is determined.

(e) The type of treatment provided for the recycle flow.

(f) Data on the physical dimensions of the equalization or treatment units, or both, typical and maximum hydraulic loading rates, type of treatment chemicals used and average dose and frequency of use, and frequency at which solids are removed, if applicable.

**History**
- *History: 2009 AACS.*

##### **Mich. Admin. Code R 325.11508** Retention of records; enhanced treatment for Cryptosporidium {#sec-r-325.11508 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.11508}

(1) Subpart H supplies that are subject to the enhanced treatment for Cryptosporidium provisions in R 325.10611d, also called "supplies" in this rule, shall keep results from the initial round of source water monitoring under 40 CFR 141.701(a), as adopted by reference in R 325.10720b, and the second round of source water monitoring under 40 CFR 141.701(b), as adopted by reference in R 325.10720b, until 3 years after bin classification under R 325.10611e for the particular round of monitoring.

(2) Supplies shall keep a notification to the department that they will not conduct source water monitoring due to meeting the criteria of 40 CFR 141.701(d), as adopted by reference in R 325.10720b, for 3 years.

(3) Supplies shall keep the results of treatment monitoring associated with microbial toolbox options under R 325.10611i to R 325.10611m for 3 years.

**History**
- *History: 2009 AACS.*

##### **Mich. Admin. Code R 325.11509** Retention of records; groundwater supply rules {#sec-r-325.11509 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.11509}

Rule 1509. In addition to the requirements of R 325.11506, a groundwater supply subject to R 325.10612 shall maintain all of the following information in its records:

(a) Documentation of corrective actions shall be kept for a period of not less than 10 years.

(b) Documentation of notice to the public as required under R 325.10408c shall be kept for a period of not less than 3 years.

(c) Records of decisions under R 325.10739(1)(e)(ii) and records of invalidation of fecal indicator-positive groundwater source samples under R 325.10739(3) shall be kept for a period of not less than 5 years.

(d) For consecutive supplies, documentation of notification to the wholesale supply or supplies of total-coliform positive samples that are not invalidated under R 325.10707a, until March 31, 2016, or under R 325.10704c beginning April 1, 2016 shall be kept for a period of not less than 5 years.

(e) For groundwater supplies, including wholesale supplies, that are required to perform compliance monitoring under R 325.10739a all of the following shall be kept:

(i) Records of the department-specified minimum disinfectant residual shall be kept for a period of not less than 10 years.

(ii) Records of the lowest daily residual disinfectant concentration and records of the date and duration of any failure to maintain the department-prescribed minimum residual disinfectant concentration for a period of more than 4 hours shall be kept for a period of not less than 5 years.

(iii) Records of department-specified compliance requirements for membrane filtration and of parameters specified by the department for department-approved alternative treatment and records of the date and duration of any failure to meet the membrane operating, membrane integrity, or alternative treatment operating requirements for more than 4 hours shall be kept for a period of not less than 5 years.

**History**
- *History: 2009 AACS; 2015 AACS.*

##### **Mich. Admin. Code R 325.11510** Retention of records; total coliform {#sec-r-325.11510 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.11510}

Rule 1510. In addition to the requirements of R 325.11506, a community or noncommunity water supply subject to the total coliform rules in R 325.10704a shall maintain in its records the assessment form, regardless of who conducts the assessment, and documentation of corrective actions completed as a result of those assessments, or other available summary documentation of the sanitary defects and corrective actions taken under R 325.10704i for department review. This record shall be maintained by the supply for a period not less than 5 years after completion of the assessment or corrective action.

PART 16. GENERAL PLANS

**History**
- *History: 2015 AACS.*

##### **Mich. Admin. Code R 325.11601** Purpose {#sec-r-325.11601 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.11601}

Rule 1601. This part establishes requirements of certain public water supplies for the submission and updating of waterworks system general plans to satisfy the requirements of subsection (1) of section 4 of the act.

**History**
- *History: 1979 AC; 2009 AACS.*

##### **Mich. Admin. Code R 325.11602** Type I and type II public water supplies; submission of general plans to department {#sec-r-325.11602 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.11602}

Rule 1602. (1) A current general plan for type I public water supplies that address the pertinent requirements of this part shall be submitted to the department. Neither of the following type I public water supplies that existed before the effective date of this rule is required to comply with this subrule until January 1, 2016.

(a) Those serving less than 50 service connections or less than 200 persons.

(b) Those serving facilities which are licensed annually by the state, including manufactured housing communities and health care facilities.

(2) The department, by written notice, may require specific type II public water supplies to provide a general plan. The public water supply so notified shall provide a general plan to the department within 1 year after receipt of the written notice.

**History**
- *History: 1979 AC; 2009 AACS.*

##### **Mich. Admin. Code R 325.11603** Updating requirements {#sec-r-325.11603 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.11603}

Rule 1603. (1) Public water supplies having previously provided a general plan to the department meet the requirements of this part unless the department determines that the plans previously submitted are inadequate or outdated.

(2) Upon receiving written notice from the department, public water supplies shall provide an updated general plan within 6 months.

**History**
- *History: 1979 AC; 2009 AACS.*

##### **Mich. Admin. Code R 325.11604** Contents of general plans for all applicable systems {#sec-r-325.11604 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.11604}

Rule 1604. The general plan for a waterworks system shall contain a description of the waterworks system, including all of the following:

(a) The general layout of the entire waterworks system, including treatment systems and distribution systems, and the location of valves, hydrants, storage tanks, watermains, pumps, wells, and pumping facilities.

(b) Rated capacity of the waterworks system, including capacity of the developed water source, treatment system, storage tanks, pumping facilities, and equipment to maintain system reliability.

(c) Community and nontransient noncommunity water supplies shall complete a distribution system materials inventory as follows:

(i) By January 1, 2020, a supply shall complete and submit to the department, a preliminary distribution system materials inventory in a form and manner specified by the department. The preliminary inventory shall consist of a thorough assessment of distribution system materials based on existing sources of information.

(ii) By January 1, 2025, a supply shall submit a complete distribution system materials inventory, including verification methodology, and provide the results of the inventory to the department in a form and manner specified by the department. The materials inventory under this subsection shall identify whether and where construction materials listed in 40 C.F.R. §141.42(d) are present in the piping, storage structure, pumps, and controls used to deliver water to the public, including service lines.

(iii) The materials inventory shall include all materials in the service lines, including the portion on private property. The supply shall maintain a record of customers that fail to grant access to the interior of the building. If access is denied, the record shall include the date of the denial, to whom the denial was communicated, and the denial itself in writing.

If the customer does not respond to requests for access, the record shall include the dates when and manner by which access was requested and by whom it was requested.

(iv) If the supply is unable to determine the content of sections of a service line, the supply shall, in writing, notify the owner and occupant of the premises of the potential for lead in the service line and provide information on lead in drinking water hazards and remediation.

(v) Within 30 days of determining a service line contains lead or is presumed to contain lead, the supply shall provide the owner and occupant of the premises with a written notification of the service line material content. The notification shall include language encouraging residential customers to have a home plumbing materials evaluation completed. Any time a new water account is opened at a premises that is known or presumed to be served by a lead service line, the water supply shall provide the owner and occupant of the premises with a written notification of the service line material content.

(vi) A community water supply with lead service lines or service lines of unknown content shall include service line information in their annual consumer confidence report, including the number of lead service lines, number of service lines of unknown material, and the total number of service lines in the supply. This information shall also be made available on the supply’s public website, or upon request if the supply does not have a website.

(vii) A supply with lead service lines shall annually provide the department a summary of service line repairs or replacements in a form and manner specified by the department.

(viii) A supply shall conduct a comprehensive update of its materials inventory every 5 years and submit the updated inventory to the department in a form and manner specified by the department.

**History**
- *History: 1979 AC; 2009 AACS; 2018 AACS.*

##### **Mich. Admin. Code R 325.11605** Community water supplies that have distribution system intended to provide fire protection; additional general plan requirements {#sec-r-325.11605 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.11605}

Rule 1605. The general plan for a waterworks system that has a distribution system intended to provide fire protection purposes shall include all of the following information:

(a) A hydraulic analysis of the distribution system showing pressure contours under peak demands.

(b) An inventory of water main by size and material and age.

**History**
- *History: 2009 AACS.*

##### **Mich. Admin. Code R 325.11606** Community water supplies; additional general plan requirements; asset management program; capital improvements plan {#sec-r-325.11606 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.11606}

Rule 1606. (1) A community water supply that serves more than 1,000 people shall implement an asset management program as defined in R 325.10102 beginning January 1, 2018, unless otherwise required in this subrule. Supplies may use the reference guide for asset management tools, May 2014, prepared by the U.S. Environmental Protection Agency and listed in R 325.10113 when developing an asset management program.

Supplies shall include in the general plan each of the following:

(a) A summary detailing the system used to maintain an inventory of assets. Priority shall be given to an inventory of source, treatment, pumping, and distribution system assets.

(b) A summary describing the method used to assess the criticality of assets considering the likelihood and consequence of failure. Within 12 months of the due date of the preliminary distribution system materials inventory under R 325.11604(c)(i), the presence of lead service lines shall be a factor for prioritizing asset criticality in the asset management program.

(d) A capital improvements plan that identifies waterworks system needs for 5-year and 20-year planning periods. A publicly owned or operated supply shall comply beginning January 1, 2016. A privately owned supply shall comply beginning January 1, 2018.

(e) A summary detailing the funding structure and rate methodology that provides sufficient resources to implement the asset management program.

(2) A community water supply that serves 1,000 or fewer people and that is publicly owned or operated shall include in the general plan a capital improvements plan that identifies waterworks system needs for 5-year and 20-year planning periods. A supply shall comply beginning January 1, 2016.

(3) A community water supply may include additional information with the general plan, including the current reliability study, annual pumpage report, sample siting plan, source water protection plan, water conservation/efficiency program, waterworks operation and maintenance programs, regional planning documents, and relevant zoning and land use plans for the service area.

PART 17. OWNERSHIP OF PUBLIC WATER SUPPLIES

**History**
- *History: 2009 AACS; 2015 AACS; 2018 AACS.*

##### **Mich. Admin. Code R 325.11701** Purpose {#sec-r-325.11701 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.11701}

Rule 1701. The purpose of this part is to prescribe certain requirements and procedures in accordance with section 10 of the act for private ownership of certain type I public water supplies when public ownership cannot be achieved.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.11702** Intent {#sec-r-325.11702 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.11702}

Rule 1702. Regulatory jurisdiction over public water supplies in this state is for the declared purpose of protecting the public health and to assure that public water supplies and waterworks systems are properly planned, constructed, maintained, and operated. It is a well established principle in this state that type I public water supplies be operated and maintained in an effective manner at all times and that adequate provision be made for a continuing administrative authority to accomplish this objective. Department procedures which have been in effect have strongly encouraged public ownership of all type I public water supplies. Accordingly, it is the department's belief that all avenues must be thoroughly explored with local governmental units to achieve public ownership of those public water supplies. If it is determined by the department that a local unit of government will not accept responsibility for ownership and operation of a type I public water supply, specific procedures must be established prior to issuance of a permit for construction of waterworks systems associated therewith.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.11703** Applicability and general requirements {#sec-r-325.11703 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.11703}

Rule 1703. (1) Except as noted in this part, this part applies to both of the following:

(a) A private owner that proposes to construct a privately owned type I public water supply.

(b) A privately owned type I public water supply.

(2) The department shall approve a new privately owned public water supply only by issuance of a permit. To receive from the department a permit to construct a type I public water supply, the owner of the proposed type I public water supply shall perform all of the following:

(a) Submit to the department the information required under part 13 of these rules.

(b) Submit to the department proof of refusal to accept ownership or operational responsibility of that public water supply from the governing entity under whose jurisdiction the public water supply is included, as required under R 325.11705.

(c) On a form provided by the department, stipulate to conditions required by the department to ensure the public water supply will meet the requirements of the act and these rules. At a minimum, the conditions shall include all of the following:

(i) Supply water to the public according to the act and these rules and transfer the supply to the governmental entity by an acceptable agreement between the parties as required under R 325.11706.

(ii) Establish and maintain an escrow fund under R 325.11707 to R 325.11708. This paragraph does not apply to facilities that are required to be licensed by the state, such as manufactured housing communities and health care facilities.

(iii) Provide or obtain easements, or isolation areas, or both, and abandon wells as required under R 325.11709.

(iv) Provide service connections to not more than the number provided for in the permit to construct as required under R 325.11710.

(v) Receive department approval before transferring ownership of the supply as required under R 325.11711.

(vi) Provide contact information of system operation personnel as required under R 325.11712.

(3) A privately owned public water supply whose classification under part 5 of these rules changes to type I shall comply with subrule (2) (b) and (c) of this rule.

(4) A new owner of a privately owned type I public water supply shall comply with subrule (2) (b) and (c) of this rule as required under R 325.11711.

**History**
- *History: 1979 AC; 2009 AACS.*

##### **Mich. Admin. Code R 325.11704** Delegation of acceptance of ownership and operational responsibility of water supply by city, village, or township {#sec-r-325.11704 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.11704}

Rule 1704. A city, village, or township may delegate to a county, authority, district, or other public entity the acceptance of ownership and operational responsibility of any water supply within its jurisdiction. This delegation may be considered by the department to be adequate public ownership to meet the requirements of the act and these rules.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.11705** Private ownership of type I public water supply permitted; proof of refusal to accept ownership or operational responsibility by governmental entity {#sec-r-325.11705 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.11705}

Rule 1705. (1) If the department determines that ownership and operation of a type I public water supply by a local governmental agency is not practical for a particular public water supply, private ownership shall be allowed with adequate provisions to assure a continuous operation of the public water supply which meets the requirements of the act and these rules.

(2) The department shall not accept plans and specifications from, nor shall a permit be issued to, an owner of a proposed type I public water supply which is to be privately owned unless proof of refusal to accept ownership or operational responsibility of that public water supply is submitted in a formal resolution of the governing body of a city, county, village, township, or other governmental entity under whose jurisdiction the public water supply is included, or where proof of refusal is established to the satisfaction of the department.

**History**
- *History: 1979 AC; 2015 AACS.*

##### **Mich. Admin. Code R 325.11706** Stipulations by owner of privately owned type I public water supply {#sec-r-325.11706 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.11706}

Rule 1706. (1) At the time an owner of a type I public water supply which is, or is proposed to be, privately owned submits plans and specifications to the department, the owner shall stipulate that the public water supply shall be operated in such a manner as to assure the customers or users thereof a sufficient quantity of water under adequate pressure and a quality of water meeting the state drinking water standards.

(2) The owner of a type I public water supply, which is proposed to be privately owned, shall stipulate to transfer the ownership and operation of the entire public water supply to a governing body of a city, village, or township, or its designated public entity, by an acceptable agreement between the parties, and with prior approval by the department.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.11707** Escrow fund {#sec-r-325.11707 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.11707}

Rule 1707. (1) The purpose of a continuing cash escrow fund is to be available to the department for immediate repairs, improvements, operations, or maintenance of the public water supply if the owner fails to meet the responsibilities under the act and these rules.

(2) The amount of the escrow fund required shall be calculated on the basis of $500.00 per living unit proposed to be served by the public water supply, but in no case shall the escrow fund amount be less than $10,000.00, or exceed $50,000.00.

(3) Upon establishment of a written agreement between the privately owned public water supply and the governing body of a city, village, or township which establishes a date certain by which the privately owned public water supply ownership shall be transferred to that governing body, the department may reduce the amount of the required escrow fund.

(4) When the ownership of a privately owned public water supply is transferred, the department shall authorize return of the escrow fund and accrued interest to the owner from which the public water supply was transferred.

(5) When additional living units are added, a type I public water supply with an established escrow fund shall recalculate the escrow amount based on the sum of existing and proposed number of living units and increase its escrow fund accordingly.

**History**
- *History: 1979 AC; 2009 AACS.*

##### **Mich. Admin. Code R 325.11708** Removal and replacement of funds from escrow account {#sec-r-325.11708 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.11708}

Rule 1708. (1) Upon a determination by the department that removal of funds from an escrow account is required, only the director or his designated agent may remove funds from the escrow account to make the necessary corrections.

(2) The owner of a privately owned type I public water supply shall replace all funds removed from the account by the director or his designated agent as required for needed improvements or corrections to the waterworks system within 90 days after removal of the funds to maintain the account at the original level.

(3) If the financial institution that created the escrow fund sends notice that it intends to terminate the escrow fund, the public water supply shall obtain an alternate escrow fund within 30 days after termination.

**History**
- *History: 1979 AC; 2009 AACS.*

##### **Mich. Admin. Code R 325.11709** Privately owned public water supply; easements; isolation area for wells; abandonment of wells {#sec-r-325.11709 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.11709}

Rule 1709. (1) The owner of a public water supply which is proposed to be privately owned shall provide or obtain all necessary easements for any portion of the waterworks system which is not located in the public right-of-way.

(2) The isolation area for wells serving a public water supply which is, or is proposed to be, privately owned shall be defined in the plans and specifications submitted to the department pursuant to the act and part 13 of these rules and shall be considered to be a part of the waterworks system.

(3) If the wells associated with a privately owned waterworks system are abandoned, ownership or easements shall be retained as may be necessary for the operation of the remainder of the waterworks system. The procedures for abandonment of wells shall be in accordance with the requirements of the act and part 8 of these rules.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.11710** Privately owned waterworks system; additional service connections {#sec-r-325.11710 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.11710}

Rule 1710. The owner of a privately owned waterworks system shall not provide additional service connections to other living units or facilities in excess of the total number specified on, and approved by issuance of, a permit by the department. If an owner of a privately owned waterworks system wishes to provide service to additional living units or facilities, a permit shall be obtained from the department.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.11711** Transfer of ownership of a privately owned type I public water supply {#sec-r-325.11711 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.11711}

Rule 1711. (1) If ownership of a privately owned type I public water supply is transferred to another private owner, the former owner shall notify and receive approval from the department before the change in ownership.

(2) The new owner shall comply with R 325.11703(2)(b) to (c).

**History**
- *History: 1979 AC; 2009 AACS.*

##### **Mich. Admin. Code R 325.11712** Filing names of operation personnel {#sec-r-325.11712 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.11712}

Rule 1712.The owner of a privately owned waterworks system shall file with the department the name, address, and telephone number of not less than 2 persons having direct responsibility for the daily operation and maintenance of the waterworks system who can be contacted in the event of any emergency or requirement relative to its operation.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.11713** Rescinded {#sec-r-325.11713 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.11713}

PART 19. EXAMINATION AND CERTIFICATION OF OPERATORS

**History**
- *History: 1979 AC; rescinded 2009 AACS.*

##### **Mich. Admin. Code R 325.11901** Classification of treatment systems {#sec-r-325.11901 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.11901}

Rule 1901. (1) Complete treatment systems are classified based on population served by the public water supply or rated treatment capacity of the treatment system as follows:

(a) Class F-1: Complete treatment systems for community supplies serving a population greater than 20,000, or with a rated treatment capacity greater than 5.0 million gallons of water per day.

(b) Class F-2: Complete treatment systems for community supplies serving a population from 4,000 to 20,000, or with a rated treatment capacity from 2.0 to 5.0 million gallons of water per day.

(c) Class F-3: Complete treatment systems for community supplies serving a population from 1,000 to 4,000 or with a rated treatment capacity from 0.5 to 2.0 million gallons of water per day.

(d) Class F-4: Complete treatment systems for community supplies serving a population of less than 1,000, or with a rated treatment capacity less than 0.5 million gallons of water per day.

(e) Class F-5: Complete treatment systems for noncommunity supplies.

(2) Limited treatment systems are classified based on population served by the public water supply or rated treatment capacity of the treatment system as follows:

(a) Class D-1: Limited treatment systems for community supplies serving a population greater than 20,000, or with a rated treatment capacity greater than 5.0 million gallons of water per day.

(b) Class D-2: Limited treatment systems for community supplies serving a population from 4,000 to 20,000, or with a rated treatment capacity from 2.0 to 5.0 million gallons of water per day.

(c) Class D-3: Limited treatment systems for community supplies serving a population from 1,000 to 4,000, or with a rated treatment capacity from 0.5 to 2.0 million gallons of water per day.

(d) Class D-4: Limited treatment systems for community supplies serving a population of less than 1,000, or with a rated treatment capacity less than 0.5 million gallons of water per day.

(e) Class D-5: Limited treatment systems for noncommunity supplies.

(3) Waterworks systems that use as a source surface water or ground water under the direct influence of surface water shall be classified as F systems.

**History**
- *History: 1979 AC; 2000 AACS.*

##### **Mich. Admin. Code R 325.11902** Classification of distribution systems and other public water supplies {#sec-r-325.11902 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.11902}

Rule 1902. The following classifications are assigned to public water supplies:

(a) Class S-1: Distribution systems for community supplies serving a population greater than 20,000.

(b) Class S-2: Distribution systems for community supplies serving a population from 4,000 to 20,000.

(d) Class S-4: Distribution systems for community supplies serving a population of less than 1,000.

(e) Class S-5: Nontransient noncommunity water supplies with no treatment or community supplies with no treatment and a distribution system limited in extent.

**History**
- *History: 1979 AC; 2000 AACS.*

##### **Mich. Admin. Code R 325.11903** Change in classification of treatment system, distribution system, or public water supply {#sec-r-325.11903 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.11903}

Rule 1903. Any public water supply classified in accordance with R 325.11901 and R 325.11902 may be placed in a different classification by the department by reason of:

(a) Incorporation in the treatment system of special features of design.

(b) Making operation different from usual.

(d) Upon a finding that the population served has changed.

(e) The use of complex treatment systems.

(f) The presence of a large service population.

(g) When the distribution system is extensive or complex.

(h) When a treatment system failure will not impact public health.

**History**
- *History: 1979 AC; 2000 AACS.*

##### **Mich. Admin. Code R 325.11904** Notification of change in classification {#sec-r-325.11904 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.11904}

Rule 1904. (1) A public water supply affected by a change in classification shall be notified by the department by mail. A change in classification by the department shall be effective 6 months after the date of the next applicable examination.

(2) The classification of a newly constructed waterworks system shall be effective at the time of initial operation.

**History**
- *History: 1979 AC; 2000 AACS; 2009 AACS.*

##### **Mich. Admin. Code R 325.11905** Certification of operators {#sec-r-325.11905 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.11905}

Rule 1905. (1) Any waterworks system or portion of a system which has been classified in accordance with R 325.11901 or R 325.11902 shall be under the supervision of an operator in charge certified in the system classification as specified in these rules.

(2) A certified operator may operate any waterworks system as follows:

(a) Within a classification at or below the level of his or her certificate.

(b) At a different classification as follows:

(i) A certified operator who holds an F certificate meets the qualifications to operate a D treatment system of comparable numerical classification.

(ii) A certified operator who holds an F certificate or D certificate meets the qualifications to operate a class S-5 system.

(3) A shift operator shall be on site and in charge of each operating shift at a community supply in the F classification when the operator in charge is not on site.

(4) The department may waive the requirement of subrule (3) of this rule upon approval of an operational plan submitted by the public water supply that demonstrates that public health will be adequately protected when a certified shift operator is not on site. The operational plan shall include provision for a back-up operator holding an F-4 or higher certificate.

(5) Shift operators at a community supply in the F classification are required to hold an F-4 or higher certificate, except that shift operators at community supplies with a rated treatment capacity more than 100,000,000 gallons of water per day shall hold an F-3 or higher certificate.

(6) For purposes of training a shift operator to occupy a vacant position, the department may authorize a deviation from the requirements of subrule (3) of this rule by granting a provisional certification for a period of time, which shall not be more than 2 years. A person who occupies a position pursuant to this subrule shall otherwise be qualified to become certified by examination during this time and shall be titled an operator trainee.

(7) A class D-1 or class D-2 system shall designate one or more operators holding a D-4 or higher certificate as a back-up operator.

(8) A class S-1 or class S-2 system shall designate one or more operators holding an S-4 or higher certificate as a back-up operator.

(9) A waterworks system shall have in place a plan for proper operation of the waterworks system when the operator in charge is not available.

(10) Any form of operator certification not currently recognized in these rules shall be considered null and void as of the effective date of these rules.

**History**
- *History: 1979 AC; 1991 AACS; 2000 AACS.*

##### **Mich. Admin. Code R 325.11906** Rescinded {#sec-r-325.11906 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.11906}

**History**
- *History: 1979 AC; 2000 AACS.*

##### **Mich. Admin. Code R 325.11906a** Restricted certificates {#sec-r-325.11906a omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.11906a}

Rule 1906a. With the concurrence of the advisory board, the department may issue site specific, restricted certification to an operator on a case-by-case basis. An operator issued restricted certification under this rule is only authorized to operate the waterworks system or portion of the system that is designated on the restricted certificate issued to him or her, except such operator may operate any other waterworks system or portion of a system for which he or she holds an unrestricted certification. An operator with a restricted certification is subject to the same requirements for performance as other certification classes and the certificate may be suspended or revoked or the operator placed on probation under R 325.11917.

**History**
- *History: 2000 AACS; 2009 AACS; 2015 AACS.*

##### **Mich. Admin. Code R 325.11906b** Notices to the department {#sec-r-325.11906b omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.11906b}

Rule 1906b. (1) A public water supply shall provide to the department upon request the name of the operator in charge of the waterworks system or portion of the system, any shift operator, and any back-up operator required under R 325.11905.

(2) A public water supply shall notify the department within 7 days when the supply no longer has the services of an operator in charge, a shift operator, or a back-up operator.

**History**
- *History: 2000 AACS.*

##### **Mich. Admin. Code R 325.11907** Advisory board; terms of office; filling vacancies {#sec-r-325.11907 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.11907}

Rule 1907. (1) The members of the advisory board shall be appointed by the director pursuant to the provisions of section 9 of the act for a term of 3 years each. Members of the advisory board may be reappointed.

(2) Member vacancies in an unexpired term shall be filled by the director by appointment to complete the 3-year term.

**History**
- *History: 1979 AC; 1991 AACS.*

##### **Mich. Admin. Code R 325.11908** Advisory board; powers and duties {#sec-r-325.11908 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.11908}

Rule 1908. (1) The advisory board shall meet not less than twice each year at designated times and places and shall advise the department in program implementation and any revisions to the operator certification program. The advisory board shall assist the department in examining all persons making application for certification who meet the minimum requirements established by the department pursuant to R 325.11911. The advisory board shall schedule at least 1 annual examination for treatment system operators in the F-1, F-2, F-3, F-4 and D-1, D-2, D-3, D-4 classes and at least 1 annual examination for the distribution system operators in the S-1, S-2, S-3, S-4 classes, and shall provide public notice of the date, time, and place for each examination not less than 90 days before the date set for the examination.

(2) The advisory board shall approve a protocol for the examination of operators in class F-5, class D-5, and class S-5 systems.

(3) After review of the application and the results of the examination, the department shall issue or deny an applicant a certificate in the appropriate public water supply classification.

(4) The advisory board shall evaluate and either approve or disapprove continuing education training, shall categorize such training as "technical", "managerial," or "other" and shall determine the continuing education training hour value in each category. All continuing education training approved by the advisory board shall relate to the duties, responsibilities, operation, maintenance, or supervision of a drinking water system.

**History**
- *History: 1979 AC; 2000 AACS; 2009 AACS.*

##### **Mich. Admin. Code R 325.11909** Advisory board; selection of officers; quorum; expenses and compensation {#sec-r-325.11909 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.11909}

Rule 1909. (1) Each year, the advisory board shall select, from its membership, a chair and such other officers as may be needed to conduct its business.

(2) Five members of the advisory board constitute a quorum.

(3) Members of the advisory board shall not be compensated, but shall be entitled to all actual and necessary expenses incurred in the performance of their official duties in accordance with the rates established by the latest edition of the standard travel regulations of this state.

**History**
- *History: 1979 AC; 1991 AACS.*

##### **Mich. Admin. Code R 325.11910** Application for examination; notice to accepted applicants of examination {#sec-r-325.11910 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.11910}

Rule 1910. (1) To be certified for the operation of a public water supply, an individual shall submit to the department, not less than 60 days before the announced examination date, an application for examination on a form provided by the department. This deadline is extended to not less than 30 days before the examination for the F-5, D-5, or S-5 classification examinations if proof of credit card or debit card fee payment under MCL 324.3110 is submitted with the application. The information contained on the application shall be evaluated by the department, shall be subject to review by the advisory board, and shall constitute a part of the examination. The department may require verification of the education and experience of an applicant for an examination.

(2) Not less than 15 days before the examination the department shall notify all applicants of its findings and shall notify those applicants accepted for examination of the date, time, and place of the examination.

(3) For the purposes of certifying individuals attending specific department approved training programs specified under R 325.11906a, the department may waive the requirement for an examination application.

**History**
- *History: 1979 AC; 1991 AACS; 2000 AACS; 2015 AACS.*

##### **Mich. Admin. Code R 325.11911** Applicant for certification; grading {#sec-r-325.11911 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.11911}

Rule 1911. (1) An applicant for certification shall be graded in 4 major divisions as follows:

(a) Educational qualifications of the applicant.

(b) Experience qualifications of the applicant, where applicable.

(d) The laboratory examination, where applicable.

(2) An applicant shall satisfy the minimum criteria established by the department as outlined in table 1 for educational qualifications before admission to the examination.

TABLE 1 Education Points Required to Write an Examination Educational Qualifications F-180D-170S-170 F-270D-260S-260 F-360D-360S-360 F-460D-460S-460 F-560D-560S-560 Schedule of Points Given for Formal Education 8TH Grade40 10TH Grade50 H.S. Diploma, GED or Equivalent60 2 yr. Associate Degree70 Bachelor Degree70 Advanced Degree70 *Approved Twoyear Water/Wastewater Tech. 80 Bachelor of Science in Engineering, Chemistry or Microbiology80 Advanced Degree in Engineering, Chemistry or Microbiology90 Education Points Allowed as Substitution for Experience F-1F-2F-3F-4D-1D-2D-3D-4S-1S-2S-3S-4 **Science B.S. 12 9 6 0 12 9 6 3 12 9 6 3 **Adv Degree181260181263181263 Bach Degree440022002200 Adv Degree440022002200 *W/WW Tech000300060006 *Curriculum approved by advisory board of examiners **Degree shall be in engineering, chemistry, or microbiology (3) Criteria used for grading shall be determined by the department subject to the approval of the advisory board and shall be made available by the department.

(4) An applicant for certification may be required to submit, to the department, on request, names of persons familiar with the experience qualifications of the applicant.

**History**
- *History: 1979 AC; 1991 AACS; 2000 AACS.*

##### **Mich. Admin. Code R 325.11912** Examination {#sec-r-325.11912 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.11912}

Rule 1912. (1) A written examination shall be prepared by the department with the concurrence of the advisory board for each public water supply classification, except the F-5, D-5, or S-5 classifications.

(2) A performance-based laboratory examination may be prepared by the department with the concurrence of the advisory board for any classification.

(3) Examinations shall be administered by the department subject to review by the advisory board.

(4) Examinations for F-5, D-5, or S-5 classifications may be any combination of training, written, or oral examination or performance based examination approved by the advisory board.

**History**
- *History: 1979 AC; 1991 AACS; 2000 AACS.*

##### **Mich. Admin. Code R 325.11913** Rescinded {#sec-r-325.11913 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.11913}

**History**
- *History: 1979 AC; 1991 AACS; 2000 AACS; 2009 AACS.*

##### **Mich. Admin. Code R 325.11914** Reciprocity {#sec-r-325.11914 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.11914}

Rule 1914. (1) An operator certificate in a comparable classification may be issued by the department, without examination, to an individual who holds a similar operator certificate in another state, a territory or possession of the United States, or another country, if the requirements for certification of operators under which the certificate was issued are comparable to the requirements prescribed by this part.

(2) The department may issue a temporary certificate for an individual who petitions for reciprocity under subrule (1) of this rule. The temporary certificate shall expire at such time as the individual has an opportunity to obtain the results from taking the next available equivalent Michigan certification exam but shall not exceed 18 months in duration. If the individual fails the equivalent Michigan certification exam, he or she will not be eligible for any additional temporary certification.

**History**
- *History: 1979 AC; 2000 AACS.*

##### **Mich. Admin. Code R 325.11915** Renewal requirements {#sec-r-325.11915 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.11915}

Rule 1915. (1) The department shall renew a certificate on a 3-year cycle. To renew a certificate, a certificate holder shall submit, to the department, an application for renewal on a form provided by the department.

(2) To have a certificate renewed, a holder of a drinking water certificate shall satisfy the minimum criteria for continuing education requirements as required in the following table:

Table 1. Minimum requirements for continuing education Highest certification level held Minimum number of continuing education training hours required to renew Minimum number of continuing education training hours categorized as "technical", "managerial," or both 1 or 22418 32412 59no minimum (3) Types of education or training programs that may be approved include any of the following:

(a) Association programs that are sponsored by any of the following entities:

(i) American water works association.

(ii) Township, municipal, and county organizations.

(iii) Professional and trade organizations.

(iv) National rural water association.

(b) Distance learning, such as videotapes, DVDs, correspondence courses, and online courses.

(d) University, college, and community college courses.

(e) Department and environmental protection agency sponsored training programs.

(f) Training sponsored by nationally recognized organizations.

(g) Water utility in-service training.

(4) A holder of a certificate shall be responsible for renewal of a certificate regardless of notification.

(5) A certificate holder shall keep his or her own record of approved training, education, and work experience and be prepared to present proof of that training, education, and experience if required by the department.

(6) The failure of an applicant for renewal to meet the requirements of this subrule and subrules (1) to (5) of this rule shall constitute grounds for refusing to renew a certificate.

(7) For a holder of multiple certificates within a category, the department shall only renew the certificate representing the higher class within a waterworks system category.

(8) A holder of a certificate who is not eligible for renewal or who has been refused renewal pursuant to subrules (1) to (7) of this rule may apply for examination pursuant to R 325.11910.

(9) A holder of a certificate who has not met the continuing education requirements of subrule (2) of this rule for his or her certification may be issued a certificate for the classification within the same category for which the continuing education requirements have been met. A certificate that is not renewed shall expire.

**History**
- *History: 1979 AC; 1991 AACS; 2000 AACS; 2009 AACS; 2015 AACS.*

##### **Mich. Admin. Code R 325.11915a** Reinstatement {#sec-r-325.11915a omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.11915a}

Rule 1915a. The department may reinstate an expired certificate within 1 year from the expiration date of the certificate when an individual has completed the necessary continuing education requirements as prorated from the certificate's expiration date. Upon department approval, a new certificate shall be issued.

**History**
- *History: 1991 AACS; 2000 AACS.*

##### **Mich. Admin. Code R 325.11916** Rescinded {#sec-r-325.11916 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.11916}

**History**
- *History: 1979 AC; 1991 AACS.*

##### **Mich. Admin. Code R 325.11917** Suspension or revocation of certificates {#sec-r-325.11917 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.11917}

Rule 1917. (1) After notice and a hearing before the advisory board, the director may deny exam application to an individual or place on probation, suspend, or revoke the certificate of an operator if the director determines that any of the following provisions apply:

(a) The operator is incompetent or unable to properly perform the duties of a waterworks system operator.

(b) An individual or operator has committed fraud or has falsified an application, examination, report, or record with respect to a water supply.

(c) The operator has been negligent in the discharge of properly assigned duties or responsibilities with respect to a water supply.

(d) An individual or operator has impersonated or misrepresented a certified operator or falsified a certificate of completion or training record.

(2) The department shall provide a notice of probation, suspension, or revocation, in writing, to the operator and to the owner of the public water supply where the operator is employed.

(3) The department shall not accept an application for examination during the time period of suspension for an operator who has a suspended certificate.

(4) Upon recommendation of the advisory board, the director shall determine the length of suspension of a certificate.

(5) Renewal of a suspended certificate is allowed if the applicant meets all renewal requirements including the training and continuing education requirements; however, the renewal does not affect the terms of suspension in any way.

(6) The department shall not accept an application for examination from an operator for a period of 5 years from the effective date of the revocation of certificate.

(7) Upon recommendation of the advisory board, the director may place a certified operator on probation for up to 2 years in accordance with the provisions of subrule (1) of this rule. A certificate holder who is placed on probation is subject to the terms and conditions of the order of probation.

**History**
- *History: 1979 AC; 1991 AACS; 2000 AACS; 2009 AACS.*

##### **Mich. Admin. Code R 325.11918** Appeals {#sec-r-325.11918 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.11918}

Rule 1918. An individual who feels aggrieved by an action of the department pursuant to the act or this part, or who wishes to appeal any other action of the department with respect to certification may request a hearing pursuant to Act No. 306 of the Public Acts of 1969, as amended, being §§24.201 to 24.315 of the Michigan Compiled Laws, and part 2 of these rules.

PART 21. APPROVAL OF CHEMICALS AND OTHER MATERIALS

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.12101** Purpose {#sec-r-325.12101 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.12101}

Rule 2101. The purpose of this part is to prescribe certain requirements for the approval of chemicals, materials, coatings, additives, or other substances proposed to be used in the treatment or during the distribution of drinking water, or which are proposed to be used in contact with drinking water prior to, or during, distribution to the customer or user of a public water supply; and to prohibit a person from using unapproved chemicals or materials which may come into contact with, or serve as an additive to, drinking water.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.12102** Approval of chemicals and other materials {#sec-r-325.12102 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.12102}

Rule 2102. (1) Approval by the department is required for all chemicals, coatings or paints, proprietary products, and similar materials of any description, that are used or are proposed for use in, or in contact with, drinking water at any point in the waterworks system from the source to the ultimate point of distribution of the water.

(2) The public water supply shall determine that approval for a chemical or material has been granted by the department and determine the special conditions or limitations under which that approval was granted.

(3) All chemicals or components that may come in contact with water intended for use in a public water supply shall meet ANSI/NSF standards 60 and 61, as adopted by reference in R 325.10112.

**History**
- *History: 1979 AC; 2009 AACS; 2015 AACS.*

##### **Mich. Admin. Code R 325.12103** Approval criteria {#sec-r-325.12103 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.12103}

Rule 2103. Approval by the department of chemicals and other materials shall be based on a determination that the chemical or material and its component parts singly or together will not be detrimental to public health. It is the responsibility of the manufacturer or distributor to provide the data upon which a determination may be made by the department.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.12104** Change in product designation or composition {#sec-r-325.12104 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.12104}

Rule 2104. (1) Written approval by the department for a product, material, or chemical shall not extend to a change in composition or designation thereof. It is the responsibility of the manufacturer or distributor to make application to the department for approval of a product with a changed composition or designation.

(2) The department may contact a manufacturer or distributor to determine the status of a chemical or material previously approved. If contact with the manufacturer or distributor cannot be made, previous approval of a chemical or material manufactured or distributed by that manufacturer or distributor may be suspended.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.12105** Generic approval {#sec-r-325.12105 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.12105}

Rule 2105. The department may grant approval to specified chemicals or materials commonly used in the treatment or distribution of drinking water. Generic approvals may reference nationally recognized specifications such as those of the American waterworks association, the American society for testing materials, and others.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.12106** Specific approval of proprietary products {#sec-r-325.12106 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.12106}

Rule 2106. Specific approval is required by the department for the use of proprietary products. Approval shall include the complete name or other manufacturer's designation of the product, the purpose and condition of use, and, if applicable, the maximum acceptable dose to be applied to drinking water.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.12107** Form of approval {#sec-r-325.12107 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.12107}

Rule 2107. Approval given by the department for a chemical or material shall be by letter or a form describing the product, its intended use, and any special conditions or limitations attached to the written approval. Approval by the department shall not be an endorsement of any material, chemical, or product, but shall be based on its toxicity with regard to public health.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.12108** Rescission or suspension of approval {#sec-r-325.12108 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.12108}

Rule 2108. Upon finding that a manufacturer or distributor of a chemical or a material which may come into contact with drinking water has submitted false information regarding that chemical or material, or upon finding that a chemical or material previously approved has changed in composition, or upon finding at a later date that a chemical or material or constituent thereof may pose a hazard to the public health, the department shall rescind or suspend approval of that chemical or material for use in a waterworks system.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.12109** Introduction of chemical or material into waterworks system by unauthorized person prohibited {#sec-r-325.12109 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.12109}

Rule 2109. No person, except the supplier of water, his duly authorized agent, or the department, shall introduce, or cause to be introduced, any chemical or material into a waterworks system, or a portion thereof, regardless of whether that chemical or material has been previously approved by the department pursuant to this part.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.12110** Effect of approval {#sec-r-325.12110 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.12110}

Rule 2110. Approval of a chemical or material by the department does not imply that a chemical or material may be used in a waterworks system without submitting necessary plans and specifications for approval by the department and for the issuance of a permit pursuant to part 13 of these rules.

PART 23. EMERGENCY RESPONSE PLANS

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.12301** Purpose {#sec-r-325.12301 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.12301}

Rule 2301. The purpose of this part is to establish requirements of type I public water supplies and certain type II public water supplies to prepare plans and procedures and identify personnel and equipment that can be implemented or utilized in the event of an emergency, including a terrorist or other intentional attach on the public water supply.

**History**
- *History: 1979 AC; 2009 AACS.*

##### **Mich. Admin. Code R 325.12302** Preparation; timetable; exceptions {#sec-r-325.12302 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.12302}

Rule 2302. (1) Unless specifically waived by the department, a type I public water supply, including a type I public water supply that purchases water from another public water supply, shall prepare, or cause to be prepared, an emergency response plan.

(2) The department may require certain type II public water supplies to prepare emergency response plans in accordance with the requirements of this part.

(3) If a public water supply has an existing emergency response plan, it shall be updated on the schedule contained in the plan to include any requirements specified by this part.

**History**
- *History: 1979 AC; 2009 AACS; 2015 AACS.*

##### **Mich. Admin. Code R 325.12303** Contents {#sec-r-325.12303 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.12303}

Rule 2303. (1) An emergency response plan shall, at a minimum, outline a program for rapid correction or mitigation of emergencies and shall include actions, procedures, and an identification of equipment which can significantly lessen the impact of terrorist acts or other intentional actions on the public health and the safety and supply of drinking water provided to the public. The emergency response plan may include 1 or more of the following:

(i) Roles and responsibilities for waterworks personnel in an emergency.

(ii) An inventory of emergency response equipment, first aid supplies, replacement equipment, chemicals, and other materials readily available for correction of problems.

(iii) Operational procedures to be implemented in an emergency, including emergency treatment measures in the event of contamination, mutual aid agreements with other public water supplies, personnel safety measures such as evacuation plans and lock down procedures, and water sampling and monitoring plans to identify potential public health threats.

(iv) Identification of alternate water sources available in a short-term situation as well as for a long-term duration, such as a a plan for interconnection with adjacent public water supplies or agreements with water haulers in the event of waterworks system failures or loss of pressure.

(v) Both internal and external communication procedures in an emergency, including appropriate means for notification of customers or users of a public water supply affected by an emergency. Public notification shall include a description of precautions or measures to be taken to protect the health of those customers or users.

(2) An emergency response plan prepared under this part shall include the general plan of the public water supply as required under subsection (1) of section 4 of the act.

(3) A public water supply shall identify in an emergency response plan the type, number, and capacity of standby power sources to operate a waterworks system in a power outage or other situation requiring the use of other power sources.

(4) The emergency response plan shall contain a schedule for updating the plan.

(5) The emergency response plan shall include a listing of critical customers or users for whom the provision of a continuous supply of safe drinking water is most urgent.

(6) An emergency response plan shall be located and distributed as necessary to assure effective use of the emergency response plan by all necessary waterworks system personnel.

(7) For purposes of consistency in developing emergency response plans, public water supplies may use the American waterworks association manual M 19, emergency planning for water utilities, in R 325.10113, as guidance.

**History**
- *History: 1979 AC; 2009 AACS.*

##### **Mich. Admin. Code R 325.12304** Emergency procedure {#sec-r-325.12304 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.12304}

Rule 2304. (1) When an emergency affecting a public water supply is discovered, the public water supply shall immediately notify the department by telephone of that emergency. The public water supply shall indicate in that notification the type of emergency, its discovery, the cause, the corrective actions planned to meet the emergency, and plans for notification to customers or users of the public water supply affected.

(2) A public water supply shall, within 90 days after an emergency, file a written report with the department outlining in detail its discovery, the cause, the corrective actions taken by the public water supply to meet the emergency, and the procedures by which its customers or users were notified.The report shall outline in detail the area of the waterworks system affected by the emergency, its duration, and the ability of the public water supply to cope with the emergency by providing an adequate supply of safe drinking water.

PART 24. WATER HAULING EQUIPMENT STANDARDS

**History**
- *History: 1979 AC; 2009 AACS.*

##### **Mich. Admin. Code R 325.12401** Purpose {#sec-r-325.12401 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.12401}

Rule 2401. The purpose of this part is to prescribe standards for tanks and equipment used by water haulers to transport drinking water which shall serve as criteria by which a water hauler may obtain a license for a water transportation tank pursuant to part 25 of these rules.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.12402** Water transportation tank materials and coatings {#sec-r-325.12402 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.12402}

Rule 2402. Materials or coatings on a water transportation tank or its appurtenances which come into contact with drinking water shall be of approved steel, stainless steel, fiberglass, metal, plastic, rubber, or other nontoxic materials given written approval by the department. Materials used in the construction of, or transported by, a water transportation tank shall not impart any substances to the water which may result in a violation of the state drinking water standards, or impart undesirable physical properties to the water.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.12403** Water transportation tank; outlets {#sec-r-325.12403 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.12403}

Rule 2403. The outlet from a water transportation tank shall be located to provide complete drainage of the tank or any compartment thereof. Outlet valves shall be of sanitary construction and readily cleanable. Valve outlets, unless equipped with a permanent hose, shall be provided with a sanitary cap.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.12404** Manhole covers and openings {#sec-r-325.12404 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.12404}

Rule 2404. (1) Manhole covers and openings shall be constructed to allow reasonable access for cleaning purposes and to protect the sanitary quality of the water.

(2) Manholes and other openings in the top of the tank shall be higher than the surrounding area and shall be designed to prevent drainage from entering the opening.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.12405** Fill connections {#sec-r-325.12405 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.12405}

Rule 2405. If used, a fill connection shall be constructed in a manner to prevent contamination and shall be capped at all times when not in use.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.12406** Baffles {#sec-r-325.12406 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.12406}

Rule 2406. If used, baffles shall not interfere with free drainage of the water transportation tank. Baffles shall be constructed to allow accessibility to all areas for inspection and cleaning purposes.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.12407** Pumps {#sec-r-325.12407 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.12407}

Rule 2407. If used, pumps shall be operated in a sanitary manner, and all couplings or connections shall be capped or otherwise protected from contamination when not in use.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.12408** Transfer hose and piping {#sec-r-325.12408 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.12408}

Rule 2408. (1) Connections between the pump and the water transportation tank may be made with flexible tubing. Hose connectors shall be attached to the hose to allow easy removal for cleaning.

(2) Transfer hose or piping shall be constructed of nontoxic materials, maintained in a sanitary condition, and used in such manner to prevent contamination of the water and to prevent cross-connections.

(3) If 2 or more lengths of flexible transfer hose are used, they shall be connected either by the use of sanitary couplings or a piece of sanitary tubing with clamps. Sanitary caps shall be furnished for each end of the hose, the pump, and the outlet valve.

(4) A hose carrier bracket shall be provided to adequately support the hose and a means shall be provided to support the loose end of the hose to prevent contamination.

PART 25. LICENSING OF WATER HAULERS

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.12501** Purpose {#sec-r-325.12501 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.12501}

Rule 2501. The purpose of this part is to implement section 18 of the act by specifying certain criteria and requirements for licensing of water haulers and for their containers, equipment, and operation.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.12502** License {#sec-r-325.12502 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.12502}

Rule 2502. A person shall not engage in, or carry on the business of, hauling bulk water for drinking or household purposes, except for his own household use, without a license issued pursuant to the act and these rules. Compliance with this rule may be waived in emergency situations upon approval by the department.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.12503** Application for license {#sec-r-325.12503 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.12503}

Rule 2503. A person engaged in the business of hauling water for drinking or household purposes shall apply for a license using a license application form provided by the department.

**History**
- *History: 1979 AC; 2009 AACS.*

##### **Mich. Admin. Code R 325.12504** Issuance of license {#sec-r-325.12504 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.12504}

Rule 2504. If the department, after such investigations as it deems necessary, is satisfied that a water hauler has the qualifications and equipment to perform water hauling services in a manner consistent with these rules, it shall issue a license to the water hauler. A license issued pursuant to this rule is not transferable.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.12505** Source and quality of water; chlorine; storage tanks {#sec-r-325.12505 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.12505}

Rule 2505. (1) All water hauled by a water hauler shall meet state drinking water standards and shall be from a public water supply or other source approved by the department.

(2) A water hauler shall add chlorine, in an amount specified by the department, when receiving water from a source and upon delivery of the water after hauling. The amount of chlorine to be added in each instance shall be specified on the license issued by the department for the water transportation tank. The department may require chlorine residual tests of the water hauled upon receipt of the water from the source, after addition of chlorine, and at delivery of the water. At the point of delivery of the water, a free chlorine residual of 1.0 mg/l is required. The department may approve an alternate means of disinfection upon written request by a water hauler or may not require disinfection while hauling if the water is delivered to a water bottling facility and disinfected prior to use by the public.

(3) When transporting water to a public water supply, a water hauler shall deliver water only to tanks or facilities approved by the department.

**History**
- *History: 1979 AC; 2009 AACS.*

##### **Mich. Admin. Code R 325.12506** Licensing of water hauler's water transportation tanks {#sec-r-325.12506 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.12506}

Rule 2506. (1) All tanks used to transport or to carry water shall be licensed annually by the department.

(2) At the same time a water hauler applies for a water hauling license pursuant to R 325.12503, an application for a license for each water transportation tank used for the bulk transport of water for drinking or household purposes shall also be made on an application form provided by the department.

(3) If the department, after such investigations as it deems necessary, determines that the water transportation tank and appurtenances are in compliance with part 24 of these rules, it shall issue a license for the tank to be used for hauling water.

(4) The license issued by the department shall be kept available in the water hauling vehicle for inspection.

(5) The license is not transferable from 1 water transportation tank to another. In addition to the license issued by the department, there shall be displayed on both sides of the tank, in letters not less than 2 inches high, the words "Licensed Water Hauling Tank." Directly adjacent to the words shall be affixed a seal furnished by the department which shall designate the calendar year of the license.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.12507** Expiration and renewal of licenses {#sec-r-325.12507 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.12507}

Rule 2507. All licenses issued under the provisions of this part expire on the last day of June of each year. Application for renewal of a license may be made after March 31 of each year.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.12508** Trip records {#sec-r-325.12508 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.12508}

Rule 2508. A water hauler licensed by the department shall maintain trip records of all water hauled. The water hauler shall retain trip records for 2 years.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.12509** Denial of license {#sec-r-325.12509 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.12509}

Rule 2509. If the department finds that water hauling equipment is not in compliance with part 24 of these rules, the department shall not issue or renew a license for the water transportation tank. If the department finds that a water hauler is not in compliance with the provisions of this part, the department shall not issue or renew the license for the water hauler. In each case, the water hauler shall be notified in writing of the license denial and the reasons for denial by the department. The water hauler may request a hearing before the department if aggrieved by the department's decision, pursuant to the provisions of Act No. 306 of the Public Acts of 1969, as amended, and part 2 of these rules.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.12510** Suspension or revocation of license {#sec-r-325.12510 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.12510}

Rule 2510. If the department determines that a water hauler licensed under the provisions of the act and these rules is not operating in an approved manner, is hauling water that does not meet state drinking water standards, or is operating a business or vehicles under conditions which may cause a hazard to the public health, the department shall notify the licensee and shall provide an opportunity for the water hauler to take corrective action as may be required. If the licensee does not effect the corrections within a reasonable time, the department shall suspend or revoke the license of the water hauler.

PART 26. BOTTLED WATER

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.12601** Applicability {#sec-r-325.12601 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.12601}

Rule 2601. The provisions of this part apply to all persons providing bottled drinking water for drinking or household purposes.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.12602** Application for approval of source {#sec-r-325.12602 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.12602}

Rule 2602. (1) A person providing bottled drinking water shall submit an application to the department requesting approval of the source of water being used or planned to be used for bottled water. A person may request approval of more than 1 source of water on a single application.

(2) After receipt of the application, the department may approve the source or sources of water upon a finding that the source or sources meet the state drinking water standards and the requirements of the act and these rules.

(3) A person shall not use a source of water for bottled water unless prior approval from the department has been obtained.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.12603** Sources of water; monitoring {#sec-r-325.12603 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.12603}

Rule 2603. If water is obtained from a source other than a type I or type II public water supply, the department may require a person providing bottled water to sample the source of water from time to time and submit records of that sampling to the department.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.12604** Rescinded {#sec-r-325.12604 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.12604}

**History**
- *History: 1979 AC; 2015 AACS.*

##### **Mich. Admin. Code R 325.12605** Maintenance of records {#sec-r-325.12605 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.12605}

Rule 2605. A person providing bottled drinking water shall maintain records of all sources from which water is purchased or obtained for bottled water and shall submit those records to the department on an annual basis.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.12606** Rescission or suspension of approval {#sec-r-325.12606 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.12606}

Rule 2606. Upon its finding that a person has submitted false information on an application submitted to the department for approval of a source for bottled water pursuant to R 325.12602, or if a source for bottled water does not meet the state drinking water standards, or if a person has violated the provisions of the act or this part, the department may rescind or suspend approval of the source for bottled water.

PART 27. LABORATORY CERTIFICATION

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 325.12701** Purpose {#sec-r-325.12701 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.12701}

Rule 2701. An analytical result that is used to determine compliance with a state drinking water standard established in part 6 must be the result of an analysis performed by a department or EPA certified laboratory, except that measurements for alkalinity, bromide, calcium, daily chlorite samples at the entrance to the distribution system, conductivity, magnesium, orthophosphate, pH, residual disinfectant concentration, silica, specific ultraviolet absorbance, temperature, chloride, sulfate, and turbidity may be performed by personnel acceptable to the department. This part sets forth requirements established by the federal act for laboratory certification.

**History**
- *History: 1994 AACS; 2009 AACS; 2020 AACS.*

##### **Mich. Admin. Code R 325.12702** Certification for inorganic chemical analyses {#sec-r-325.12702 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.12702}

Rule 2702. (1) To receive certification to conduct analyses for antimony, arsenic, asbestos, barium, beryllium, cadmium, chromium, cyanide, fluoride, mercury, nickel, nitrate, nitrite, selenium, and thallium, a laboratory shall comply with both of the following provisions:

(a) Analyze performance evaluation samples provided by the United States environmental protection agency, the department, or by a third party, with the approval of the department or the United States environmental protection agency, at least once per year.

(b) For each contaminant that has been included in the performance evaluation sample and for each method for which the laboratory desires certification, achieve quantitative results on the analyses that are within the acceptance limits in table 1 of this rule.

Table 1 Acceptance limits ContaminantAcceptance Limit milligrams perliter (mg/l)

Antimony+/-30% at 0.006 mg/l.

Arsenic+/-30% at 0.003mg/l Asbestos 2 standard deviations based on study statistics.

Barium+/-15% at 0.15 mg/l.

Beryllium+/-15% at 0.001 mg/l.

Cadmium+/-20% at 0.002 mg/l.

Chromium+/-15% at 0.01 mg/l.

Copper+/-10% at 0.050 mg/l.

Cyanide+/-25% at 0.1 mg/l.

ContaminantAcceptance Limit milligrams perliter (mg/l)

Fluoride+/-10% at 1 to 10 mg/l.

Lead+/-30% at 0.0050 mg/l.

Mercury+/-30% at 0.0005 mg/l.

Nickel+/-15% at 0.01 mg/l.

Nitrate+/-10% at 0.4 mg/l.

Nitrite+/-15% at 0.4 mg/l.

Selenium+/-20% at 0.01 mg/l.

Thallium+/-30% at 0.002 mg/l.

(2) To receive certification to conduct analyses for lead and copper, a laboratory shall be in compliance with all of the following requirements:

(a) Analyze performance evaluation samples, including lead and copper, that are provided by the United States environmental protection agency, the department, or by a third party, with the approval of the department or the United States environmental protection agency, at least once per year by each method for which the laboratory desires certification.

(b) Achieve quantitative acceptance limits as specified in table 1 of this rule and as follows:

(i) Lead: +/-30% of the actual amount in the performance evaluation sample when the actual amount is greater than or equal to 0.005 mg/l. the practical quantitation level, or PQL, for lead is 0.005 mg/l.

(ii) Copper: +/-10% of the actual amount in the performance evaluation sample when the actual amount is greater than or equal to 0.050 mg/l. the practical quantitation level, or PQL, for copper is 0.050 mg/l.

(c) Achieve method detection limits (MDLs) according to the procedures specified in 40 C.F.R. part 136, appendix B, as follows:

(i) Lead: 0.001 mg/l, only if source water compositing is performed.

(ii) Copper: 0.001 mg/l, or 0.020 mg/l when atomic absorption direct aspiration is used, only if source water compositing is performed.

(d) All lead and copper levels measured between the PQL and MDL shall be either reported as measured or they shall be reported as 1/2 the PQL specified for lead and copper in subdivision (b) of this subrule. All levels below the lead and copper MDLs shall be reported as zero.

(e) All copper levels measured between the PQL and the MDL shall be either reported as measured or they shall be reported as 1/2 the PQL (0.025 mg/l).All levels below the copper MDL shall be reported as zero.

**History**
- *History: 1994 AACS; 1998 AACS; 2005 AACS.*

##### **Mich. Admin. Code R 325.12705** Certification for VOC analyses {#sec-r-325.12705 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.12705}

Rule 2705. (1) To receive certification to conduct analyses for the VOCs, other than vinyl chloride, in table 1 of R 325.10604b, a laboratory shall be in compliance with all of the following requirements:

(a) Analyze performance evaluation samples which include the VOCs, other than vinyl chloride, in table 1 of R 325.10604b, and which are provided by the United States environmental protection agency, the department, or by a third party, with the approval of the department or the United States environmental protection agency, at least once per year by each method for which the laboratory desires certification.

(b) Achieve the quantitative acceptance limits specified in subdivisions (c) and (d) of this subrule for not less than 80% of the regulated organic chemicals in table 1 of R 325.10604b.

(c) Achieve quantitative results on the analyses performed under subdivision (a) of this subrule that are within +/-20% of the actual amount of the substances in the performance evaluation sample when the actual amount is greater than or equal to 0.010 mg/l.

(d) Achieve quantitative results on the analyses performed under subdivision (a) of this subrule that are within +/-40% of the actual amount of the substances in the performance evaluation sample when the actual amount is less than 0.010 mg/l.

(e) Achieve a method detection limit of 0.0005 mg/l, according to the procedures specified in 40 C.F.R. part 136, appendix B.

(2) To receive certification for vinyl chloride, a laboratory shall be in compliance with all of the following requirements:

(b) Achieve quantitative results on the analyses performed under subdivision (a) of this subrule that are within +/-40% of the actual amount of vinyl chloride in the performance evaluation sample.

(c) Achieve a method detection limit of 0.0005 mg/l, according to the procedures specified in 40 C.F.R. part 136, appendix B.

(d) Obtain certification for the VOCs listed in part 6, table 1 of R 325.10604b.

(3) Each certified laboratory shall determine the method detection limit (MDL), as defined in 40 C.F.R. part 136, appendix B, at which the laboratory is capable of detecting VOCs.

The acceptable MDL is 0.0005 mg/l.

(4) To composite samples, the laboratory shall be in compliance with both of the following provisions:

(a) For compositing samples before gas chromatograph (GC) analysis, be in compliance with all of the following provisions:

(i) Add 5 ml or equal larger amounts of each sample (up to 5 samples are allowed) to a 25-ml glass syringe. Special precautions shall be taken to maintain zero headspace in the syringe.

(ii) The samples shall be cooled at 4° Celsius during compositing to minimize volatilization losses.

(iii) Mix well and draw out a 5-ml aliquot for analysis.

(iv) Follow sample introduction, purging, and desorption steps described in the method.

(v) If less than 5 samples are used for compositing, a proportionately smaller syringe may be used.

(b) For compositing samples before GC/MS analysis, be in compliance with all of the following provisions:

(i) Inject 5-ml or equal larger amounts of each aqueous sample (up to 5 samples are allowed) into a 25-ml purging device using the sample introduction technique described in the method.

(ii) The total volume of the sample in the purging device shall be 25 ml.

(iii) Purge and desorb as described in the method.

(5) 40 C.F.R. part 136, appendix B, is adopted by reference in these rules.The adopted material is available from the superintendent of documents at the address in R 325.10116(b) for a cost of $61.00 at the time of adoption of these rules. The adopted material is available for inspection, or copies are available at no cost from the offices of the department at the address in R 325.10116(a).

**History**
- *History: 1994 AACS; 1998 AACS; 2005 AACS.*

##### **Mich. Admin. Code R 325.12706** Certification for SOC analyses {#sec-r-325.12706 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.12706}

Rule 2706. To receive certification to conduct analyses for the SOCs in table 1 of R 325.10604d, a laboratory shall be in compliance with both of the following provisions:

(a) Analyze performance evaluation samples which include the SOCs in table 1 of R 325.10604d, that are provided by the United States environmental protection agency, the department, or by a third party, with the approval of the department or the United States environmental protection agency, at least once per year by each method for which the laboratory desires certification.

(b) For each contaminant that has been included in the performance evaluation sample, achieve quantitative results on the analyses that are within the acceptance limits listed in table 1 of this rule.

Table 1 Acceptance limits Contaminant Acceptance Limits (percent)

DBCP +/-40.

EDB +/-40.

Alachlor +/-45.

Atrazine +/-45.

Benzo[a]pyrene 2 standard deviations.

Carbofuran +/-45.

Chlordane +/-45.

Dalapon 2 standard deviations.

Di(2-ethylhexyl)adipate 2 standard deviations.

Di(2-ethylhexyl)phthalate 2 standard deviations.

Dinoseb 2 standard deviations.

Diquat 2 standard deviations.

Endothall2 standard deviations.

Endrin +/-30.

Glyphosate 2 standard deviations.

Heptachlor +/-45.

Heptachlor epoxide +/-45.

Hexachlorobenzene 2 standard deviations.

Hexachlorocyclopentadiene 2 standard deviations.

Lindane +/-45.

Methoxychlor +/-45.

Contaminant Acceptance Limits (percent)

Oxamyl 2 standard deviations.

PCBs (as decachlorobiphenyl) 0-200.

Picloram 2 standard deviations.

Simazine 2 standard deviations.

Toxaphene +/-45.

Aldicarb 2 standard deviations.

Aldicarb sulfoxide 2 standard deviations.

Aldicarb sulfone 2 standard deviations.

Pentachlorophenol+/-50. 2,3,7,8-TCDD (dioxin) 2 standard deviations.

2,4-D +/-50. 2,4,5-TP (silvex) +/-50.

**History**
- *History: 1994 AACS; 2005 AACS.*

##### **Mich. Admin. Code R 325.12707** Certification for disinfection byproducts analyses {#sec-r-325.12707 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.12707}

Rule 2707. To receive certification to conduct analyses for the disinfection byproduct contaminants in R 325.10610, R 325.10610c to R 325.10610d, and R 325.10719g to R 325.10719n, the laboratory shall comply with all of the following:

(a) Analyze Performance Evaluation (PE) samples that are acceptable to United States environmental protection agency or the department not less than once during each consecutive 12-month period by each method for which the laboratory desires certification.

(b) The laboratory shall achieve quantitative results on the PE sample analyses that are within the acceptance limits in table 1 of this rule:

Table 1 Acceptance limits DBPAcceptance limits(percent of true value)

TTHM

Chloroform +/-20 Laboratory shall meet all 4 individual THM acceptance limits to successfully pass a PE sample for TTHM Bromodichloromethane+/-20 Dibromochloromethane+/-20 Bromoform+/-20 HAA5 Monochloroacetic Acid +/-40 Laboratory shall meet the acceptance limits for 4 out of 5 of the HAA5 compounds in order to successfully pass a PE sample for HAA5 Dichloroacetic Acid+/-40 Trichloroacetic Acid+/-40 Monobromoacetic Acid+/-40 Dibromoacetic Acid+/-40 Chlorite+/-30 DBPAcceptance limits(percent of true value)

Bromate+/-30

**History**
- *History: 2009 AACS.*

##### **Mich. Admin. Code R 325.12708** Certification for PFAS analyses {#sec-r-325.12708 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.12708}

Rule 2708. To qualify for certification to conduct analyses for the PFASs in table 1 of R 325.10604g, a laboratory must be in compliance with the following provisions:

(a) Samples must be collected and analyzed in accordance with EPA method 537.1 or other methods as approved by the department.

(b) The minimum reporting limit must be 2 ng/l.

(d) The laboratory must analyze performance evaluation samples that include the PFASs in table 1 of this rule and are acquired from a third party proficiency test provider approved by the department at least once per year.

(e) For each regulated PFAS contaminant included in the performance evaluation sample, the laboratory must achieve quantitative results on the analyses that are within the acceptance limits listed in table 1 of this rule.

Table 1 Acceptance limits Contaminant Chemical Abstract Services Registry Number Acceptance Limits (percent)

Hexafluoropropylene oxide dimer acid (HFPO-DA)

13252-13-6 ± 30% (GV)

Perfluorobutane sulfonic acid (PFBS)375-73-5± 30% (GV)

Perfluorohexane sulfonic acid (PFHxS)355-46-4± 30% (GV)

Perfluorohexanoic acid (PFHxA)307-24-4± 30% (GV)

Perfluorononanoic acid (PFNA)375-95-1± 30% (GV)

Perfluorooctane sulfonic acid (PFOS)1763-23-1± 30% (GV)

Perfluorooctanoic acid (PFOA)335-67-1± 30% (GV)

Gravimetric value

**History**
- *History: 2020 AACS.*

##### **Mich. Admin. Code R 325.12710** Suspension or revocation of certification {#sec-r-325.12710 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.12710}

Rule 2710. (1) If the department determines that a laboratory certified under the act and these rules is not operating in an approved manner, is reporting results that do not meet state laboratory certification requirements, or is operating in a manner that may cause a hazard to the public health, the department may move to suspend or revoke the certification of the laboratory pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.

(2) Reasons for suspension of a laboratory’s certification, in part or whole, or the denial of an initial certification request include, but are not limited to the following:

(a) Failure to pay certification fees.

(b) Failure to pass a laboratory inspection.

(d) Failure to respond to a laboratory inspection report within the allotted timeframe.

(e) Persistent failure to report compliance data to the public water system or the state drinking water program in a timely manner, thereby preventing timely compliance determination with federal or state regulations and endangering public health.

(f) Failure to correct deficiencies noted in an on-site inspection report.

(g) Refusal to participate in an on-site inspection conducted by the certifying agency.

(h) Failure to make records pertaining to the analysis of regulated drinking water contaminants available for review or copying by the laboratory certification program.

(3) Suspension of a laboratory’s certification remains in effect until the laboratory provides documentation that the reason or reasons for the suspension have been corrected.

(4) Reasons for revocation of a laboratory’s certification include but are not limited to:

(a) Falsification of the certification application or certification renewal application.

(b) Fraud or other criminal activity.

(d) Reporting results not meeting the federal act, the act and administrative rules promulgated thereunder, or method requirements.

(e) Reporting proficiency test data from another laboratory as its own.

(f) Using analytical methodology not listed on the laboratory’s certification letter for reporting regulated drinking water contaminants.

(g) A written notification from the laboratory that it is voluntarily relinquishing certification.

PART 28. SOURCE WATER PROTECTION GRANT ASSISTANCE

**History**
- *History: 2020 AACS.*

##### **Mich. Admin. Code R 325.12801** Definitions {#sec-r-325.12801 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.12801}

Rule 2801. As used in this part:

(a) "Abandoned well" means any of the following which presents a threat to the groundwater resource and which no longer serves the purpose for which it was intended or has been taken out of service:

(i) A water well.

(ii) A monitoring well.

(iii) An oil well.

(iv) A gas well.

(v) A mineral well.

(vi) A drainage well.

(vii) A recharge well.

(viii) A test well.

(ix) An injection well.

(x) Other unplugged borings.

(b) "Aquifer test" means a groundwater resource assessment completed under the act, R 325.10813 governing the study of hydrogeological conditions by suppliers of water of type I and type IIa public water supplies, and R 325.10814 governing the studies of suppliers of water of type IIb and type III public water supplies.

(c) "Contaminant source inventory" means the identification of sources of contamination or land uses within a source water protection area that have a potential to adversely impact the drinking water resource.

(d) "Delineation" means the area identified by a hydrogeologic investigation conducted for the purpose of determining a wellhead protection area that meets the requirements of the state of Michigan wellhead protection program.

(e) "Designation" means the area identified by a hydrologic investigation conducted for the purpose of determining a surface water intake protection area that meets the requirements of the state of Michigan surface water intake protection program.

(f) "Elements" means the 7 areas that shall be addressed to obtain approval of a source water protection program and includes all of the following:

(i) Roles and duties.

(ii) Delineation of the wellhead protection area.

(iii) Identification of potential and known contaminant sources.

(iv) Management strategies.

(v) Contingency plans for the source water protection area.

(vi) New wells or surface water intakes.

(vii) Public participation.

(g) "Grant applicant" means a community public water supply, or a not-for-profit, nontransient, noncommunity public water supply that applies for grant assistance under the source water protection grant program on behalf of the persons or municipality served by the public water supply.

(h) "Grant assistance" means the dedication of grant funds to a public water supply to support the development and implementation of a source water protection program.

(i) "Grant cycle" means a 1-year period beginning the date the grant assistance is awarded.

(j) "Grant-eligible activity" means a task undertaken by a community or nontransient, noncommunity public water supply for the purpose of determining a source water protection area or developing and implementing a source water protection program that is eligible for grant assistance in accordance with these rules.

(k) "Grant program priority list" means an annual list of grant applicants developed by the department that ranks the applicants for prioritization of grant assistance.

(l) "Intake" means the point where water is withdrawn from a surface water source.

(m) "Local team" means a group of not less than 3 persons that includes the public water supply superintendent, a representative of the municipality, and a representative from at least 1 of the following entities whose purpose is to facilitate the development, implementation and long-term maintenance of a wellhead protection program:

(i) Local health department.

(ii) Local fire department.

(iii) Business and industry.

(iv) Agriculture.

(v) Education.

(vi) Planning.

(vii) Environmental or watershed groups.

(viii) The general public. A local team for a nontransient, noncommunity public water supply shall include representation from not less than 3 of the groups listed in this subdivision.

(n) "Low tritium public water supply" means a community supply or nontransient, noncommunity water supply that has had its well water sampled for tritium and had sample results of not more than 1.0 tritium unit (TU).

(o) "Outfall" means the point of discharge of a drain or sewer.

(p) "Provisional wellhead protection area" means the area which has been approved by the department in accordance with the state of Michigan wellhead protection program as the wellhead protection area based on computer manipulation of existing state of Michigan databases.

(q) "Sensitivity" means a measure of the physical attributes of the source water protection area and how readily those attributes protect the intake from contaminants.

(r) "Source water assessment" means an evaluation of a public water supply system under the federal act that identifies the areas that supply public drinking water, inventories contaminants, determines sensitivity, and assesses water susceptibility to contamination, or as updated with current information.

(s) "Source water protection area" means either a wellhead protection area or provisional wellhead protection area for groundwater sources of drinking water or a surface water intake protection area for surface water sources of drinking water.

(t) "Source water protection program" means a program that has been approved by the department upon meeting the criteria for approval under the state of Michigan source water protection program, including programs protecting groundwater and surface water sources.

(u) "Surface water intake protection area" means the area most likely to contribute contaminants to the drinking water source as approved by the department in accordance with the state of Michigan surface water intake protection program.

(v) "Surface water intake protection program" means a program protecting surface water sources that has been approved by the department upon meeting the criteria for approval under the state of Michigan source water protection program.

(w) "Susceptibility" means the ranking from very high to very low of the likelihood a source of drinking water could become contaminated.

(x) "Total grant assistance" means the maximum amount of grant assistance each grant cycle that a public water supply may receive.

(y) "Well" means the point where water is withdrawn from a groundwater source.

(z) "Wellhead protection area" means the area which has been approved by the department in accordance with the state of Michigan wellhead protection program, which represents the surface and subsurface area surrounding a water well or well field, which supplies a public water supply, and through which contaminants are reasonably likely to move toward and reach the water well or well field within a 10-year time of travel.

(aa) "Wellhead protection program" means a program protecting groundwater sources that has been approved by the department upon meeting the criteria for approval under the state of Michigan source water protection program.

**History**
- *History: 1999 AACS; 2009 AACS.*

##### **Mich. Admin. Code R 325.12802** Applicant qualifications {#sec-r-325.12802 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.12802}

Rule 2802. (1) Community and not-for-profit, nontransient, noncommunity public water supplies that utilize groundwater or surface water as a source of water, exclusive of federally owned public water supplies, may qualify for grant assistance.

(2) A public water supply that applies for grant assistance shall provide a local match equal to the grant assistance requested in the grant application.

(3) A public water supply that receives grant assistance shall be able to complete the granteligible activities specified in the grant application within 1 year from the time the grant assistance is awarded to the public water supply.

(4) Public water supplies that have outstanding prior year fees as prescribed in the act are not eligible for grant assistance.

**History**
- *History: 1999 AACS; 2009 AACS.*

##### **Mich. Admin. Code R 325.12803** Submission of applications {#sec-r-325.12803 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.12803}

Rule 2803. (1) An applicant for grant assistance shall apply to the department on a form prescribed and provided by the department.

(2) The department shall establish a deadline for submission of applications in the grant application process and shall notify applicants of the application deadline on the form prescribed and provided by the department.

(3) An applicant shall provide a description of the grant-eligible activities for which the grant assistance is to be applied.

(4) An application shall include proof, through 1 of the following, of a local match to the grant assistance and proof that the grant assistance and local match will be expended on grant-eligible activities, as applicable:

(a) Providing documentation of a line item budget dedicated to the grant-eligible activities identified in the grant application. The line item budget shall include the dedication of funds to grant-eligible activities in an amount equal to the grant assistance plus the local match.

(b) Providing documentation of a contractually binding agreement committing the applicant to an expenditure of funds in an amount equal to the grant assistance plus the local match for the grant-eligible activities identified in the grant application.

(c) Providing documentation of previous expenditures on grant-eligible activities equivalent to or greater than the grant assistance requested in the grant application.

(d) Providing documentation of the match through a combination of any of the items specified in this subrule.

(5) Previous expenditures by the applicant to seal abandoned wells as defined in part 127 of 1978 PA 368, MCL 333.12701 to 333.12771, within a source water protection area or within a 1-mile radius of a low tritium public water supply well may be utilized as the local match.

**History**
- *History: 1999 AACS; 2009 AACS.*

##### **Mich. Admin. Code R 325.12804** Long-term commitment to source water protection {#sec-r-325.12804 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.12804}

Rule 2804. (1) A grant applicant shall demonstrate a long-term commitment to the development, implementation, and maintenance of a source water protection program by providing both of the following:

(a) A time line for completion of the grant-eligible activities.

(b) A time line for the completion of each of the elements required of a state-approved source water protection program.

(2) The applicant shall demonstrate the establishment of a local team whose goal is to facilitate the development, implementation, and maintenance of a source water protection program.

**History**
- *History: 1999 AACS; 2009 AACS.*

##### **Mich. Admin. Code R 325.12805** Priority lists {#sec-r-325.12805 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.12805}

Rule 2805. (1) Before awarding grants, the department shall develop 1 or both of the following:

(a) A wellhead protection grant program priority list of applicants considered eligible for grant assistance.

(b) A surface water intake protection grant program priority list of applicants considered eligible for grant assistance.

(2) For the purpose of providing grant assistance, the grant program priority lists shall take effect on the first day of each grant cycle established by the department.

(3) The grant program priority lists shall be based upon all of the following criteria:

(a) The establishment of a local team.

(b) Coordination of the local team with an adjacent municipality.

(d) The manner in which the local match is provided.

(e) The proposed time line for completion of a source water protection program.

(f) Incorporation of the source water protection program into other land use planning strategies.

(g) For surface water source applicants, the intake susceptibility rating as determined by an existing or updated public water supply source water assessment.

**History**
- *History: 1999 AACS; 2009 AACS.*

##### **Mich. Admin. Code R 325.12806** Availability of grant funds {#sec-r-325.12806 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.12806}

Rule 2806. (1) Grant assistance shall be provided to an eligible grant applicant to the extent that grant funds are available as determined by the department.

(2) An eligible applicant denied grant assistance during the year a grant program priority list is developed shall be prioritized on the next annual grant program priority list using the same criteria, unless the applicant submits an amendment to the grant application that alters the applicant's status on the grant program priority list or unless conditions change for the original grant submittal.

(3) An applicant that has not received grant assistance upon application in any previous grant cycle shall be placed on the grant program priority list ahead of an applicant who was funded in a previous year and funded in the current grant cycle of application if all of the following provisions apply:

(a) The applicant meets the minimum points requirement for funding in the priority list score as specified in R 325.12807 (2).

(b) The awarding of grant assistance to the applicant is in compliance with R 325.12810.

**History**
- *History: 1999 AACS; 2009 AACS.*

##### **Mich. Admin. Code R 325.12807** Priority list score {#sec-r-325.12807 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.12807}

Rule 2807. (1) A maximum number of points may be awarded a grant applicant for prioritization on the annual grant program priority list as listed below:

(a) A wellhead protection grant program applicant may be awarded a maximum of 25 points.

(b) A surface water intake protection grant program applicant may be awarded a maximum of 30 points.

(2) A minimum of 10 points is required in the priority list score to be eligible for grant assistance.

(3) A maximum of 5 points shall be assigned a grant applicant for the development of a local team. The points shall be assigned in accordance with the following schedule:

(a) Five points for a team that includes representation by the public water supply superintendent, the municipality, and any 6 of the following entities:

(i) The local health department.

(ii) The local fire department.

(iii) Business and industry.

(iv) Agriculture.

(v) Education.

(vi) Planning.

(vii) An environmental or watershed group.

(viii) The general public.

(b) Four points for a team that includes representation by the public water supply superintendent, the municipality, and any 5 of the following entities:

(i) The local health department.

(ii) The local fire department.

(iii) Business and industry.

(iv) Agriculture.

(v) Education.

(vi) Planning.

(vii) An environmental or watershed group.

(viii) The general public.

(c) Three points for a team that includes representation by the public water supply superintendent, the municipality, and any 4 of the following entities:

(i) The local health department.

(ii) The local fire department.

(iii) Business and industry.

(iv) Agriculture.

(v) Education.

(vi) Planning.

(vii) An environmental or watershed group.

(viii) The general public.

(d) Two points for a team that includes representation by the public water supply superintendent, the municipality, and any 3 of the following entities:

(i) The local health department.

(ii) The local fire department.

(iii) Business and industry.

(iv) Agriculture.

(v) Education.

(vi) Planning.

(vii) An environmental or watershed group.

(viii) The general public.

(e) One point for a team that includes representation by the public water supply superintendent, the municipality, and any 2 of the following entities:

(i) The local health department.

(ii) The local fire department.

(iii) Business and industry.

(iv) Agriculture.

(v) Education.

(vi) Planning.

(vii) An environmental or watershed group.

(viii) The general public.

(4) Two points shall be assigned for a local team that includes representation from an adjacent municipality which has land in the projected or approved source water protection area or which receives service from the applicant or if the approved source water protection area lies entirely within the jurisdiction of a municipality and the public water supply does not provide service to an area outside of the jurisdiction of the municipality.

(5) A maximum of 3 points shall be assigned a grant applicant for the adoption of an ordinance or resolution as follows:

(a) Three points for the passage of a local ordinance related to the development and implementation of a local source water protection program.

(b) One point for the adoption of a local resolution that demonstrates a commitment to the development and implementation of a local source water protection program.

(6) A maximum of 6 points shall be assigned a grant applicant based upon the manner in which the local match is demonstrated as follows:

(a) Six points for demonstrating that the local match has been provided through the previous expenditure of funds on grant-eligible activities.

(b) Three points for demonstrating that the local match and the grant assistance have been committed through a contractually binding agreement with a consultant.

(c) One point for demonstrating that the local match has been provided as an identifiable item within a local budget dedicating the local match and the grant assistance to granteligible activities.

(7) A maximum of 3 points shall be assigned a grant applicant based upon the time line for completion of a source water protection program as follows:

(a) Three points for a program completed before the date of the grant application.

(b) Two points for a time line for program completion within 1 year of the date of application.

(8) A maximum of 6 points shall be assigned the grant applicant as follows:

(a) Three points for a plan to incorporate the source water protection program into a municipality's master plan or other regional land use planning program.

(b) Three points for a plan to implement a public outreach, education, or planning program of not less than 3 years duration.

(9) A maximum of 5 points shall be assigned the surface water intake protection program grant applicant based on the intake susceptibility rating as determined by a public water supply source water assessment as follows:

(a) Five points for a very high susceptibility rating.

(b) Three points for a high susceptibility rating.

(10) If the priority list score results in a tie between 2 applicants on that priority list, then the award of grant funds shall be provided to the applicants as follows:

(a) The applicant that has received the lesser amount in total grant funds through application in previous grant cycles shall be awarded the grant funds in the current grant cycle of application.

(b) If the applicants have received the same amount in total grant funds through application in previous grant cycles, then the applicant whose public water supply exhibits the greatest population-to-grant dollars ratio shall be awarded the grant assistance.

**History**
- *History: 1999 AACS; 2009 AACS.*

##### **Mich. Admin. Code R 325.12808** Total wellhead protection grant assistance; supplemental grant assistance {#sec-r-325.12808 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.12808}

Rule 2808. (1) The total grant assistance received by a public water supply in the wellhead protection grant program shall be based upon the total population served by the public water supply.

(2) The total grant assistance available to a public water supply shall be as follows:

(a) A public water supply that serves a population of 500 persons or less shall be eligible for total grant assistance of not more than $7,500.00.

(b) A public water supply that serves a population of 501 to 3,300 persons shall be eligible for total grant assistance of not more than $15,000.00.

(c) A public water supply that serves a population of 3,301 to 10,000 persons shall be eligible for total grant assistance of not more than $30,000.00.

(d) A public water supply that serves a population of more than 10,000 persons shall be eligible for total grant assistance of not more than $50,000.00 (3) A grant applicant that requests grant assistance in excess of the population-based limit for the total grant assistance shall be granted the maximum allowable grant assistance in accordance with subrule (2) of this rule if other requirements for grant assistance are fulfilled.

(4) The total grant assistance available to a public water supply based upon the population served shall be increased based upon supplemental grant assistance that reflects the number of wells which the public water supply owns and operates as follows:

(a) A public water supply that owns and operates 3 to 5 wells shall be eligible for supplemental grant assistance of not more than $5,000.00.

(b) A public water supply that owns and operates 6 to 10 wells shall be eligible for supplemental grant assistance of not more than $10,000.00.

(c) A public water supply that owns and operates 11 to 15 wells shall be eligible for supplemental grant assistance of not more than $15,000.00 (d) A public water supply that owns and operates more than 15 wells shall be eligible for supplemental grant assistance of not more than $20,000.00.

(5) A grant applicant that requests supplemental grant assistance in excess of the maximum based upon the number of wells owned and operated by the public water supply shall be provided the maximum grant assistance in accordance with subrule (4) of this rule.

**History**
- *History: 1999 AACS; 2009 AACS.*

##### **Mich. Admin. Code R 325.12809** Total surface water intake protection grant assistance {#sec-r-325.12809 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.12809}

Rule 2809. The total surface water intake protection grant assistance available to a public water supply shall be based on the susceptibility rating as follows:

(a) A public water supply with a susceptibility rating of very high or high shall be eligible for total grant assistance of not more than $20,000.00.

(b) A public water supply with a susceptibility rating of moderately high or moderate shall be eligible for total grant assistance of not more than $15,000.00.

(c) A public water supply with a susceptibility rating of moderately low, low or very low shall be eligible for total grant assistance of not more than $10,000.00.

**History**
- *History: 1999 AACS; 2009 AACS.*

##### **Mich. Admin. Code R 325.12810** Distribution of available grant funds for groundwater public water supplies based upon population served and surface water public water supplies based on susceptibility {#sec-r-325.12810 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.12810}

Rule 2810. (1) If the requests for grant assistance for groundwater public water supplies exceeds the grant funds available in a grant cycle, then the maximum and minimum grant assistance provided to groundwater public water supplies according to the population served shall be based upon a percentage of the total grant funds available for the grant cycle as follows:

(a) Groundwater public water supplies serving a population of 500 persons or less shall receive not more than 30%, and not less than 15%, of the total grant funds available in any given grant cycle.

(b) Groundwater public water supplies serving a population of 501 to 3,300 persons shall receive not more than 50%, and not less than 25%, of the total grant funds available in any given grant cycle.

(c) Groundwater public water supplies serving a population of 3,301 to 10,000 persons shall receive not more than 30%, and not less than 15%, of the total grant funds available in any given grant cycle.

(d) Groundwater public water supplies serving a population of more than 10,000 persons shall receive not more than 30%, and not less than 15% of the total grant funds available in any given grant cycle.

(2) The department may provide a greater percentage of the available grant funds to groundwater public water supplies of a given population served if requests for grant assistance do not exceed the established minimum percentage of total grant funds available to groundwater public water supplies of other population-served categories.

(3) If requests for grant assistance for surface water public water supplies exceeds the grant funds available in a grant cycle, then the maximum and minimum grant assistance provided to surface water public water supplies according to the susceptibility rating shall be based upon a percentage of the total grant funds available for the grant cycle as follows:

(a) Surface water public water supplies with a susceptibility rating of very high shall receive 50% of the total grant funds available in any given grant cycle.

(b) Surface water public water supplies with a susceptibility rating of high shall receive 25% of the total grant funds available in any given grant cycle.

(c) Surface water public water supplies with a susceptibility rating of moderately high shall receive 25% of the total grant funds available in any given grant cycle.

(4) The department may provide a greater percentage of the available grant funds to surface water public water supplies of a given susceptibility rating if requests for grant assistance do not exceed the established percentage of total grant funds available to surface water public water supplies of other susceptibility ratings.

**History**
- *History: 1999 AACS; 2009 AACS.*

##### **Mich. Admin. Code R 325.12811** Disbursement of grant assistance {#sec-r-325.12811 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.12811}

Rule 2811. (1) The department shall disburse the grant assistance upon submittal of a project report demonstrating that the applicant has completed the grant-eligible activities identified in the grant application.

(2) The department may provide a partial disbursement of the grant assistance upon submittal of a project report demonstrating that the applicant has completed a corresponding and appropriate portion of the grant-eligible activities identified in the grant application. A partial disbursement of the grant assistance shall not exceed 50% of the total cost of the corresponding and appropriate portion of the grant-eligible activities for which the partial disbursement is requested.

**History**
- *History: 1999 AACS.*

##### **Mich. Admin. Code R 325.12812** Grant-eligible activities to support local source water protection programs; contact person; formation of local team; team responsibilities {#sec-r-325.12812 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.12812}

Rule 2812. (1) Grant-eligible activities shall support the development or implementation of a local source water protection program and be consistent with the state of Michigan source water protection program.

(2) A public water supply shall provide the department with the name, title, and address of a contact person who shall take the lead in the development and implementation of the local source water protection program, including local administration of the source water protection grant. The contact person shall submit quarterly progress reports on a form provided by the department.

(3) A public water supply shall provide the department with evidence of the formation of a local team. The team shall consist of the public water supply superintendent, the municipality, and at least 1 of the following entities:

(a) The local health department.

(b) The local fire department.

(d) Agriculture.

(e) Education.

(f) Planning.

(g) An environmental or watershed group.

(h) The general public.

(4) The local team shall be responsible for providing a time line for the completion of grant-eligible activities identified in the grant application.

(5) The local team shall be responsible for providing a time line for the completion of a source water protection program.

**History**
- *History: 1999 AACS; 2009 AACS.*

##### **Mich. Admin. Code R 325.12813** Source water protection program elements {#sec-r-325.12813 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.12813}

Rule 2813. (1) The following source water protection program elements include granteligible activities for which grant funds may be applied:

(a) The establishment of roles and duties.

(b) Either of the following program elements:

(i) For a wellhead protection program, delineation of a wellhead protection area as approved by the department.

(ii) For a surface water intake protection program, the designation of a surface water intake protection area as approved by the department.

(d) The development or implementation of management strategies and programs to control contaminant sources or land use.

(e) The development and implementation of a contingency plan.

(f) The phasing of new wells or intakes into a source water protection program.

(g) The development or implementation of public participation strategies in a source water protection program.

(2) Program development and implementation activities, such as a contaminant source and land use inventory, development and implementation of management strategies, contingency planning and public participation, are eligible for grant assistance in more than 1 grant cycle.

**History**
- *History: 1999 AACS; 2009 AACS.*

##### **Mich. Admin. Code R 325.12814** Grant-eligible activities; development and implementation of certain partnership agreements {#sec-r-325.12814 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.12814}

Rule 2814. The development and implementation of partnership agreements between municipalities for the purpose of source water protection is grant-eligible.

**History**
- *History: 1999 AACS; 2009 AACS.*

##### **Mich. Admin. Code R 325.12815** Grant-eligible delineation and designation activities {#sec-r-325.12815 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.12815}

Rule 2815. (1) All of the following apply to grant-eligible wellhead protection area delineation activities:

(a) Grant-eligible delineation activities shall be proposed, described, and completed under the wellhead protection area delineation guidance established by the department in the state of Michigan wellhead protection program.

(b) Grant-eligible activities include the following:

(i) The compilation of existing hydrogeologic information.

(ii) The installation of observation wells for an aquifer test on an existing public water supply well.

(iii) Aquifer tests and aquifer test analysis on an existing public water supply well.

(iv) Surveying.

(v) Collection of static water levels.

(vi) Groundwater modeling, including particle tracking.

(c) If considered necessary by the department due to the lack of accessibility to existing wells, the area geology indicates a public water supply may be a low tritium public water supply, or a known groundwater contamination is present within the wellhead protection area, the following activities may be deemed grant-eligible:

(i) The installation of monitoring wells for the collection of static water level information.

(ii) The collection and analysis of tritium samples.

(iii) The installation of sentinel wells to monitor water quality within the wellhead protection area.

(2) Both of the following apply to surface water intake protection area designation activities:

(a) Grant-eligible designation activities shall be proposed, described, and completed pursuant to the surface water intake protection area designation guidance established by the department in the state of Michigan surface water intake protection program.

(b) Grant-eligible activities include the following:

(i) The compilation of existing hydrologic information.

(ii) Stream flow monitoring or hydrodynamic modeling to determine seasonal fluctuations, time of travel, and other impacts upon source water.

**History**
- *History: 1999 AACS; 2009 AACS.*

##### **Mich. Admin. Code R 325.12816** Grant-eligible contaminant source and land use inventory activities {#sec-r-325.12816 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.12816}

Rule 2816. (1) Contaminant source and land use inventories to identify existing and potential threats to a public water supply are grant-eligible within the source water protection area or within a 1-mile radius of the well field for a low tritium public water supply well.

(2) Grant-eligible contaminant source and land use inventory activities include the following:

(a) Record searches to identify potential sources of contamination and land uses that have a potential to impact the source water.

(b) General surveys to identify potential sources of contamination and land uses that have a potential to impact the source water.

(d) Record searches to identify historical land uses that have a potential to impact the source water.

(e) The mapping of existing and potential sources of contamination within the source water protection area.

(f) Updating a contaminant source inventory.

(g) The development and implementation of a program to locate and identify abandoned wells in the source water protection area.

(h) The development and implementation of a program to identify nonpoint sources and to locate and identify outfalls with the potential to impact the surface water intake protection area.

**History**
- *History: 1999 AACS; 2009 AACS.*

##### **Mich. Admin. Code R 325.12817** Grant-eligible management activities {#sec-r-325.12817 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.12817}

Rule 2817. (1) Grant-eligible management activities shall provide an elevated level of protection to the source water protection area or within a 1-mile radius of the well field for a low tritium public water supply well.

(2) Grant-eligible management activities include the following:

(a) The development and implementation of best management practices that reduce the risk of source water contamination.

(b) The development and implementation of source water protection resolutions or ordinances.

(d) The development and implementation of a program to control abandoned wells, excluding the actual sealing of abandoned wells in a source water protection area.

(e) Incorporation of a source water protection program into a municipality's master plan or other regional land use planning program.

**History**
- *History: 1999 AACS; 2009 AACS.*

##### **Mich. Admin. Code R 325.12818** Grant-eligible contingency plan and emergency response protocol activities {#sec-r-325.12818 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.12818}

Rule 2818. The development and implementation of a contingency plan and emergency response protocol for a source water protection area or within a 1-mile radius of the well field for a low tritium public water supply well are grant-eligible activities.

**History**
- *History: 1999 AACS; 2009 AACS.*

##### **Mich. Admin. Code R 325.12819** Grant-eligible new well and new surface water intake activities {#sec-r-325.12819 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.12819}

Rule 2819. (1) Grant-eligible activities for new wells include all of the following:

(a) Completion of a delineation for a new well or well field, exclusive of the cost incurred to conduct an aquifer test that is a requirement of the public water supply program for the construction of new wells.

(b) The development and implementation of a wellhead protection program for a new well or well field.

(2) Grant-eligible activities for new surface water intakes include both of the following:

(a) The development and implementation of a surface water intake protection program for a new intake.

(b) Incorporation of a new intake into an existing surface water intake protection program.

**History**
- *History: 1999 AACS; 2009 AACS.*

##### **Mich. Admin. Code R 325.12820** Grant-eligible public participation activities {#sec-r-325.12820 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.12820}

Rule 2820. (1) Grant-eligible activities for public participation shall provide a positive benefit to the source water protection program by raising public awareness in matters pertaining to source water protection and utilization of the source water resource by a public water supply.

(2) Grant-eligible activities for public participation include the following:

(a) The development and implementation of a school curriculum related to source water protection.

(b) The development and implementation of a strategy to educate the general public on issues related to source water protection.

(d) The development, preparation, and production of media announcements, such as news releases, newspaper articles, and radio announcements.

(e) Signing activities which identify an approved source water protection area or which promote the concept of source water protection, such as storm drain stenciling and the construction and placement of road signs.

**History**
- *History: 1999 AACS; 2009 AACS*

## **Air Quality Division** Air Quality Division

### **R 325.17101 to R 325.18104** Dry Cleaning Establishments

##### **Mich. Admin. Code R 325.17101** Scope and applicability {#sec-r-325.17101 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.17101}

DEPARTMENT OF ENVIRONMENTAL QUALITY

AIR QUALITY DIVISION

DRY CLEANING ESTABLISHMENTS

UTILIZING CLASS I, II, III, AND IV SOLVENTS

(By authority conferred on the department of environmental quality by section 33 of 1969 PA 306, MCL 24.233; sections 2233 and 13322 of 1978 PA 368, MCL 333.2233 and 333.13322; section 3c of 1941 PA 207, MCL 29.3c; and Executive Reorganization Order Nos. 1997-2 and 1998-2, MCL 29.451 and 29.461.)

PART 1. GENERAL PROVISIONS

Rule 101. These rules apply to owners, operators, manufacturers, distributors, sellers, lessors, installers, assemblers, and other persons who possess or control dry cleaning equipment utilizing class I, II, III, and IV solvents in this state.

**History**
- *History: 1981 AACS; 2004 AACS.*

##### **Mich. Admin. Code R 325.17102** Definitions {#sec-r-325.17102 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.17102}

Rule 102. (1) As used in these rules:

(a) "Application" means a form and applicable fees submitted to the department by an owner or operator of a type I, II, III, and IV establishment, which provides information about the establishment and requests licensure thereof.

(b) "Class I solvents" are liquids having a flashpoint below 100 degrees Fahrenheit (37.8 degrees Centigrade).

(c) "Class II solvents" are liquids having a flashpoint at or above 100 degrees Fahrenheit (37.8 degrees Centigrade) and below 140 degrees Fahrenheit (60 degrees Centigrade).

(d) "Class IIIA solvents" are liquids having a flashpoint at or above 140 degrees Fahrenheit (60 degrees Centigrade) and below 200 degrees Fahrenheit (93.4 degrees Centigrade).

(e) "Class IIIB solvents" are liquids classified as having a flashpoint above 200 degrees Fahrenheit (93.4 degrees Centigrade).

(f) "Class IV solvents" are liquids classified as nonflammable.

(g) "Department" means the department of environmental quality.

(h) "Director" means the director of the department or his or her authorized representative.

(i) "Dry cleaning establishment" means machines, equipment, controls, connections, rooms, buildings, or fixtures which are associated with the dry cleaning process utilizing a class I, II, III, or IV solvent and the premises upon which they are located.

(j) "Dry cleaning machine" means a device in which wearing apparel, textiles, fabrics and rugs, are immersed in a solution other than water and agitated for the purpose of removal of dirt or soil.

(k) "Dry cleaning machine room" means a room in which the dry cleaning operations are conducted, including all additional areas containing solvent or solvent handling equipment in which dry cleaning solvents or vapors may accumulate.

(l) "Dry cleaning system" means any equipment such as washers, dryers, filters, stills, vapor recovery units, waste water vaporizers, and storage tanks which contain a cleaning solvent.

(m) "Emergency" means that, in the judgment of the director, there is a violation of the public health code or these rules which causes or may cause a condition at a type IV establishment requiring immediate action to prevent endangering the health or safety of a person or persons or a violation of the fire protection code or these rules which causes or may cause a condition at a type I, II, or III establishment requiring immediate action to prevent endangering the health or safety of a person or persons from the risk of a fire or explosion.

(n) "Fire prevention code" means section 5i of 1941 PA 207, MCL 29.1 to 29.34.

(o) "Licensee" means the owner of a dry cleaning establishment that has been issued a license or certificate.

(p) "Make-up air" means outdoor air that replaces establishment air which is exhausted to the outside by a ventilation system.

(q) "Modification" means a conversion, alteration, or change in the design, operation, or location of the equipment or a change in the class of solvent utilized at the dry cleaning establishment, including, but not limited to, dry cleaning equipment, fuel-fired equipment, ventilation equipment, and the building structure, or any of the items listed in R 335.17203.

A modification does not include routine maintenance.

(r) "Plans and specifications" means drawings, specifications, data, and a true description or representation of a type I, II, III, and IV installation, or a component thereof, as it exists or is to be constructed, installed, modified, converted, or remodeled.

(s) "Public health code" means part 133 of article 12 of 1978 PA 368, MCL 333.13301 to 333.13325, and only applies to type IV dry cleaning establishments.

(t) "Public laundry" means a business where the public may launder wearing apparel, textiles, fabrics, and rugs by immersion in water.

(u) "Type I establishment" is an establishment utilizing a class I solvent.

(v) "Type II establishment" is an establishment utilizing a class II solvent.

(w) "Type III establishment" is an establishment utilizing a class IIIA or class IIIB solvent.

(x) "Type IV establishment" is an establishment utilizing a class IV solvent.

(2) The terms defined in the public health code and the fire prevention code have the same meaning when used in these rules.

**History**
- *History: 1981 AACS; 2004 AACS.*

##### **Mich. Admin. Code R 325.17103** Adoption by reference; purchase {#sec-r-325.17103 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.17103}

Rule 103. The following standards are incorporated by reference in these rules:

(a) The national fire protection association standard, NFPA No.32 entitled, "Drycleaning Plants 2000." The standard is available for inspection at the Lansing office of the Department of Environmental Quality, Air Quality Division, Constitution Hall, 525 West Allegan Street, P.O. Box 30260, Lansing, Michigan 48909-7760, and may be purchased at a cost of $22.25, as of the time these rules were promulgated, from the National Fire Protection Association, 1 Battery March Park, P.O. Box 9101, Quincy, Massachusetts 02269-9101.

(b) "National Perchloroethylene Air Emission Standards for Dry Cleaning Facilities," 40 C.F.R., part 63, subpart M (2002). A copy of these regulations may be inspected at the Lansing office of the air quality division of the department of environmental quality.

Copies of 40 C.F.R., part 63, may be obtained from the Department of Environmental Quality, Air Quality Division, 525 West Allegan Street, P.O. Box 30260, Lansing, Michigan 48909-7760, at a cost as of the time of adoption of these rules of $56.00; from the Superintendent of Documents, P.O. Box 371954, Pittsburgh, Pennsylvania 15250- 7954, at a cost as of the time of adoption of these rules of $56.00; or on the United States government printing office internet web site at http://www.gpo.gov.

(c) "Standards of Performance for Petroleum Dry Cleaners," 40 C.F.R., part 60, subpart JJJ. A copy of these regulations may be inspected at the Lansing office of the air quality division of the department of environmental quality. Copies of 40 C.F.R., part 60, may be obtained from the Department of Environmental Quality, Air Quality Division, 525 West Allegan Street, P.O. Box 30260, Lansing, Michigan, 48909-7760, at a cost as of the time of the adoption of these rules of $56.00; from the Superintendent of Documents, P.O. Box 371954, Pittsburgh, Pennsylvania 15250-7954, at a cost as of the time of adoption of these rules of $56.00; or on the United States government printing office internet web site at http://www.gpo.gov.

**History**
- *History: 1981 AACS; 2004 AACS.*

##### **Mich. Admin. Code R 325.17104** Daily inspections; recordkeeping of dry cleaning machines and related equipment {#sec-r-325.17104 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.17104}

Rule 104. The owner or operator shall conduct daily surveillance checks of each dry cleaning machine and related equipment and perform necessary maintenance in order to prevent unnecessary loss of dry cleaning solvent or solvent vapors. Owners or operators of type IV dry cleaning establishments shall maintain records according to the requirements defined under the "National Perchloroethylene Air Emission Standards for Dry Cleaning Facilities," 40 C.F.R., Part 63, subpart M, adopted by reference in R 325.17103. Owners or operators of type I, II or III dry cleaning establishments shall maintain records according to the requirements defined under the "Standards of Performance for Petroleum Dry Cleaners," 40 C.F.R., Part 60, subpart JJJ, adopted by reference in R 325.17103.

**History**
- *History: 1981 AACS; 2004 AACS.*

##### **Mich. Admin. Code R 325.17105** Rescinded {#sec-r-325.17105 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.17105}

**History**
- *History: 1981 AACS; 2004 AACS.*

##### **Mich. Admin. Code R 325.17106** Dry cleaning solvent {#sec-r-325.17106 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.17106}

Rule 106. The use of dry cleaning solvents, other than those specifically designated for a machine are prohibited, unless prior approval is obtained from the department.

**History**
- *History: 1981 AACS; 2004 AACS.*

##### **Mich. Admin. Code R 325.17107** Establishment requirements generally {#sec-r-325.17107 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.17107}

Rule 107. A dry cleaning establishment shall comply with all of the following provisions:

(a) Filter cartridges, filter residues, and other residues containing dry cleaning solvent shall be stored in a suitable covered container and properly disposed of so as to not create a hazard to the health or safety of a person or persons at a type IV dry cleaning establishment or by preventing the risk of a fire or explosion from occurring at a type I, II, or III dry cleaning establishment.

(b) Dry cleaning, dry dyeing, waterproofing, and related processes by immersion and agitation in vessels without covers are not permitted.

**History**
- *History: 1981 AACS; 2004 AACS.*

##### **Mich. Admin. Code R 325.17108** Rescinded {#sec-r-325.17108 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.17108}

**History**
- *History: 1981 AACS; 2004 AACS.*

##### **Mich. Admin. Code R 325.17109** Operations vigilance; notification to department of threat or hazard to public health or safety; report {#sec-r-325.17109 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.17109}

Rule 109. (1) An owner, operator, or employee of a type IV dry cleaning establishment shall maintain all dry cleaning operations and equipment to prevent threats or hazards to the public health and safety. An owner, operator, or employee of a type I, II or III dry cleaning establishment shall maintain all dry cleaning operations and equipment to prevent threats to the health or safety of a person or persons by preventing the risk of a fire or explosion from occurring.

(2) If a condition or incident presents a threat or hazard as defined in R 325.17109(1), then the owner or operator of a dry cleaning establishment shall immediately initiate corrective actions and notify the department by not later than the next business day upon learning of the condition or incident. Within 30 days after the condition or incident, the owner or operator shall file a written report with the department outlining, in detail, discovery of the condition or incident, the cause, and the corrective actions taken.

PART 2. PLANS AND SPECIFICATIONS

**History**
- *History: 1981 AACS; 2004 AACS.*

##### **Mich. Admin. Code R 325.17201** Rescinded {#sec-r-325.17201 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.17201}

**History**
- *History: 1981 AACS; 2004 AACS.*

##### **Mich. Admin. Code R 325.17202** Submission of plans and specifications for construction or modification of dry cleaning establishment {#sec-r-325.17202 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.17202}

Rule 202. Before construction or modification of any dry cleaning establishment, or portion thereof, plans and specifications shall be submitted to the department by the owner, operator, or a designated agent for review and approval and shall meet all of the following requirements:

(a) Be accompanied with a transmittal letter and a completed license application form as prescribed and provided by the department. The transmittal letter shall identify and summarize the plans and specifications for the project and indicate the authorization of any designated agent for the owner or operator.

(b) Be accompanied with the appropriate fee prescribed by the public health code for type IV dry cleaning establishments or the fire prevention code for type I, II or III dry cleaning establishments and made payable to "state of Michigan."

(c) Be accompanied with proof of approval from the local governmental authority either by a form provided by the department or a building permit.

**History**
- *History: 1981 AACS; 1987 AACS; 2004 AACS.*

##### **Mich. Admin. Code R 325.17203** Construction details for plans and specifications; modifications {#sec-r-325.17203 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.17203}

Rule 203. (1) Plans and specifications for a new dry cleaning establishment or modification of an existing dry cleaning establishment that are submitted to the department for approval shall include, at a minimum, the items specified in section 13303 of the public health code and all of the following, where applicable:

(a) Site plan.

(b) Structural design.

(d) Construction and installation schedules and methods.

(e) Water supply, waste water disposal, and floor drains.

(f) Garbage and rubbish disposal facilities.

(g) Ventilation and make-up air equipment, location, and airflow direction.

(h) High-pressure steam boilers.

(i) Water and space heating equipment.

(j) Btu/hr. input ratings.

(k) Type and model of proposed equipment.

(l) Location, size, and type of combustion air openings.

(m) Fire protection systems.

(n) Permanently installed storage tanks.

(2) Plans and specifications of a modification of an existing dry cleaning establishment submitted for approval shall show both the proposed modifications and the pertinent existing facilities.

**History**
- *History: 1981 AACS; 2004 AACS.*

##### **Mich. Admin. Code R 325.17203a** Compliance with state or local code requirements {#sec-r-325.17203a omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.17203a}

Rule 203a. Compliance with these rules does not relieve an owner from complying with a state or local code or requirement that is not in conflict with these rules.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 325.17204** Review of plans and specifications by department {#sec-r-325.17204 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.17204}

Rule 204. (1) Upon receipt of the transmittal letter, plans, and specifications, license or certificate application, appropriate fee, and proof of local approval, the department shall review the documents as soon as practical to determine their completeness with regard to the minimum requirements specified by these rules and to determine their adequacy. In making its review, the department shall not approve the plans and specifications for a type IV establishment unless it determines the dry cleaning establishment, or a portion thereof, is designed to protect the health or safety of a person or persons. The department shall not approve the plans and specifications for a type I, II or III establishment unless it determines the dry cleaning establishment, or a portion thereof, is designed to protect the health or safety of a person or persons by preventing the risk of a fire or explosion from occurring.

(2) If the department determines that plans and specifications or other pertinent information are incomplete, inaccurate, or do not comply with these rules, it shall notify the applicant and may request the submission of revised plans and specifications with appropriate corrections or additions. The department shall not initiate the approval process under this part until the completed license or certificate application form and appropriate fee are received as well as the plans, specifications, and proof of local approval that comply with the public health code for type IV establishments or the fire prevention code for type I, II or III establishments and these rules.

**History**
- *History: 1981 AACS; 2004 AACS.*

##### **Mich. Admin. Code R 325.17205** Approval of plans and specifications; authorization for construction, installation, or modification of establishment {#sec-r-325.17205 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.17205}

Rule 205. (1) Upon a determination that provisions of R 325.17204(1) are met and the plans and specifications for the construction, installation, or modification of a dry cleaning establishment, or portion thereof, are complete and in compliance with the public health code for type IV establishments or the fire prevention code for type I, II or III establishments, and these rules, the department shall mark the plans or drawings showing approval and the date of approval, shall notify the owner, operator, or designated agent thereof of the approval, and shall authorize construction, installation, or modification of the dry cleaning establishment.

(2) The approval of plans and specifications and authorization for construction, installation, or modification of a dry cleaning establishment by the department pursuant to the public health code, for a type IV establishment, or the fire prevention code, for a type I, II or III establishment, and these rules shall expire within 1 year from the date of approval, unless the owner, operator, or designated agent of the dry cleaning establishment applies in writing to the department for an extension of the approval and construction authorization before its expiration. The request for extension shall identify the project for which the approval was issued and the reason for the delay in construction or initiation of the project. If an extension is granted, the department may require modification of the plans and specifications to incorporate updated dry cleaning practices where applicable.

**History**
- *History: 1981 AACS; 2004 AACS.*

##### **Mich. Admin. Code R 325.17206** Rescinded {#sec-r-325.17206 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.17206}

**History**
- *History: 1981 AACS; 2004 AACS.*

##### **Mich. Admin. Code R 325.17207** Approvals and authorizations; terms and conditions {#sec-r-325.17207 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.17207}

Rule 207. An approval and authorization issued under R 325.17205 shall require that the project be constructed in accordance with the approved plans and specifications. The department may attach additional conditions to an approval and authorization if it determines the conditions are necessary to assure proper construction, installation, modification, or operation of the establishment, or portion thereof.

**History**
- *History: 1981 AACS; 2004 AACS.*

##### **Mich. Admin. Code R 325.17208** Deviations from approved plans and specifications; minor changes not affecting installation or operation; as-built plans {#sec-r-325.17208 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.17208}

Rule 208. (1) Deviations from approved plans and specifications in the installation or operation of a dry cleaning establishment, or portion thereof, shall be submitted in writing to the department, before construction, installation, or modification is initiated.

(2) Changes in the construction, installation or modification of the dry cleaning establishment that do not affect the health or safety of a person or persons at a type IV establishment or that do not affect the health or safety of a person or persons at a type I, II or III establishment from fire or explosion shall be allowed without first obtaining approval from the department.

(3) As-built plans that clearly show the work as constructed or installed shall be submitted to the department upon request.

**History**
- *History: 1981 AACS; 2004 AACS.*

##### **Mich. Admin. Code R 325.17209** Approval and authorization; rescission; orders to stop construction {#sec-r-325.17209 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.17209}

Rule 209. (1) The department may rescind its approval of plans and specifications and authorization for construction, installation, or modification of a dry cleaning establishment, if it determines that the owner, operator, or designated agent is not undertaking the work substantially in accordance with approved plans and specifications. The department shall notify the owner, operator, or designated agent before the rescission of authorization, shall afford him or her the opportunity to take any corrective action as may be required, and may pursue further remedies as authorized by the public health code or the fire prevention code and these rules.

(2) If an owner, operator, or designated agent of a dry cleaning establishment fails to submit plans and specifications for the construction, installation, or modification of the establishment; fails to construct, install, or modify a dry cleaning establishment in accordance with approved plans and specifications; or fails to take corrective actions as required under subrule (1) of this rule, then the department may issue a written stop work order to the owner, operator, or designated agent to halt any construction, installation, or modification activities and may pursue other remedies as provided by the public health code or the fire prevention code.

**History**
- *History: 1981 AACS; 2004 AACS.*

##### **Mich. Admin. Code R 325.17210** Inspection of dry cleaning establishment {#sec-r-325.17210 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.17210}

Rule 210. (1) When the construction of a new dry cleaning establishment is completed, the owner, operator, or designated agent shall notify the department and arrange for an inspection of the establishment. The owner, operator, or designated agent shall not operate the dry cleaning establishment until an approved inspection is completed and is in compliance with part 3 of these rules.

(2) When a modification of an existing dry cleaning establishment is completed, the owner, operator, or designated agent shall notify the department for approval. The department shall determine if an on-site inspection is necessary.

**History**
- *History: 1981 AACS; 2004 AACS.*

##### **Mich. Admin. Code R 325.17211** Storage tank installation, operation, and closure plan review and approval {#sec-r-325.17211 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.17211}

Rule 211. The owner of a dry cleaning establishment shall obtain department approval for the installation, operation and closure of dry cleaning liquid storage tanks as follows:

(a) A copy of the plans and specifications shall be submitted to the storage tank unit of the waste and hazardous materials division of the department for inside and outside aboveground storage tanks that exceed 1,100 gallons in capacity for class I, II and IIIA solvents.

These plans and specifications shall be reviewed for compliance with the fire prevention code and R 29.5209 et seq.

(b) A copy of the plans and specifications shall be submitted to the storage tank unit of the waste and hazardous materials division for underground tanks that meet the requirements of part 211 of 1994 PA 451, MCL 324.21101. These plans and specifications shall be reviewed for compliance with part 211 of 1994 PA 451, MCL 324.21101, and R 29.2113 et seq.

PART 3. LICENSURE

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 325.17301** Applications for initial licenses; required information; fees; local approval {#sec-r-325.17301 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.17301}

Rule 301. A completed license application form for an initial type I, II, III, or IV license and the applicable fee prescribed by R 325.17302 shall be submitted to the department. At the time an initial license application is submitted to the department, the owner or operator of a drycleaning establishment shall provide satisfactory evidence of local approval of the establishment. Evidence of local approval shall accompany the license application form.

The initial license application and local approval forms shall be obtained from the department.

**History**
- *History: 1981 AACS; 1987 AACS; 2004 AACS.*

##### **Mich. Admin. Code R 325.17302** License applications; fees {#sec-r-325.17302 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.17302}

Rule 302. (1) The owner or operator of a type I, II and/or III dry cleaning establishment shall submit the fee prescribed in section 5i of the fire prevention code together with the application.

(2) The owner or operator of a type IV dry cleaning establishment shall submit the fee prescribed in section 13306 of the public health code together with the application.

(3) Payment of the license application fee shall be by check or money order made payable to: "state of Michigan."

(4) A dry cleaning establishment shall not be operated without a license issued pursuant to the public health code for type IV establishments or a certificate issued pursuant to the fire prevention code for type I, II or III establishments.

**History**
- *History: 1987 AACS; 2004 AACS.*

##### **Mich. Admin. Code R 325.17303** Application for annual license renewal; expiration {#sec-r-325.17303 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.17303}

Rule 303. (1) An application for an annual renewal license for a dry cleaning establishment shall be made by the owner or operator of the establishment on forms provided by the department. The renewal application shall include all of the information required on the form, the signature of the owner or operator, and any other information which may be required by the department. Renewal license application forms shall be obtained from the department.

(2) A dry cleaning establishment license shall expire on December 31 of each year.

**History**
- *History: 1981 AACS; 2004 AACS.*

##### **Mich. Admin. Code R 325.17304** Review of initial license application; pre-licensing inspection; issuance of license {#sec-r-325.17304 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.17304}

Rule 304. (1) The department shall promptly review an application for initial licensure of a dry cleaning establishment to determine if the application is complete and accurate. The department may return an incomplete or inaccurate application to an owner or operator or may request any additional information determined necessary to assure completeness or accuracy of the application.

(2) After the department determines that an application for licensure is complete and accurate, it shall inspect the dry cleaning establishment to determine compliance with the public health code for type IV establishments or the fire prevention code for type I, II or III establishments and these rules. The inspection shall be conducted by the department before issuance or denial of the initial license.

(3) The department may attach any condition or restriction to an initial license, under subrule (1) of this rule, when determined necessary for compliance with the public health code for type IV establishments or the fire protection code for type I, II or III establishments.

**History**
- *History: 1981 AACS; 2004 AACS.*

##### **Mich. Admin. Code R 325.17305** Renewal of license; denial or revocation; conditions or restrictions {#sec-r-325.17305 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.17305}

Rule 305. (1) After review of a renewal license application for a dry cleaning establishment and the latest annual inspection by the department under R 325.17304(2), the department shall issue or deny the license renewal. The license, if issued, shall be sent directly to the owner or operator of the dry cleaning establishment.

(2) The department may attach any condition or restriction to a renewal license, issued or renewed pursuant to subrule (1) of this rule when determined necessary for compliance with the public health code for type IV establishments or the fire prevention code for type I, II or III establishments.

**History**
- *History: 1981 AACS; 2004 AACS.*

##### **Mich. Admin. Code R 325.17306** Suspension and revocation of license {#sec-r-325.17306 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.17306}

Rule 306. (1) If the department determines that a type IV dry cleaning establishment is not being operated in accordance with the requirements of the public health code and these rules or that a type I, II or III dry cleaning establishment is not being operated in accordance with the requirements of the fire prevention code and these rules, then the department shall notify the licensee and shall provide an opportunity for the licensee to take corrective action. If the licensee does not effect the corrections within the time prescribed by the department, the department may suspend, revoke, or deny the license of the establishment.

Procedures for the suspension or revocation of a license shall be in accordance with, and subject to, part 10 of these rules.

(2) If a license is suspended, revoked, or denied by the department, then the owner or operator of the dry cleaning establishment shall cease all dry cleaning operations until the expiration of the period of suspension or reinstatement of the license, whichever is applicable.

(3) This rule does not apply to emergency procedures as prescribed by subsection (3) of section 13321 of the public health code.

**History**
- *History: 1981 AACS; 2004 AACS.*

##### **Mich. Admin. Code R 325.17307** Removal of suspension and reinstatement of license {#sec-r-325.17307 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.17307}

Rule 307. A person whose license has been suspended by the department may, at any time, request the department to inspect the dry cleaning establishment for the purpose of reinstatement of the license. Based upon its inspection, if the department determines that the owner or operator of the establishment has taken steps to correct the violations or conditions prompting the suspension of the license and determines that a type IV establishment will be operated in compliance with the public health code and these rules, or that a type I, II or III establishment will be operated in compliance with the fire prevention code, these rules, and other applicable state laws, then the department shall reinstate the license. An owner or operator whose license has been suspended may apply for a new license in the same manner as an initial applicant.

**History**
- *History: 1981 AACS; 2004 AACS.*

##### **Mich. Admin. Code R 325.17308** Transfer of ownership or operation; application for license after construction, installation, or modification of establishment {#sec-r-325.17308 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.17308}

Rule 308. (1) Before the transfer of ownership or operation of a dry cleaning establishment, the proposed licensee shall notify the department in writing, submit a completed application for a new license accompanied with the appropriate fee, and arrange for the department to conduct an inspection of the dry cleaning establishment. The department shall conduct an inspection of the dry cleaning establishment and shall notify the owner or operator in writing of its findings, and the prospective licensee shall be apprised of any deficiencies which shall be corrected as a condition of issuance of a license.

The prospective licensee shall not operate the dry cleaning establishment until a final license approval is issued by the department.

(2) If a license application is submitted to the department for operation after construction, installation, or modification of a dry cleaning system, then the application shall be accompanied by evidence of compliance with part 2 of these rules.

(3) A license is not transferable upon change of ownership.

**History**
- *History: 1981 AACS; 2004 AACS.*

##### **Mich. Admin. Code R 325.17309** Rescinded {#sec-r-325.17309 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.17309}

PART 4. DRY CLEANING MACHINE REQUIREMENTS

**History**
- *History: 1981 AACS; 2004 AACS.*

##### **Mich. Admin. Code R 325.17401** Dry cleaning machine exhaust systems {#sec-r-325.17401 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.17401}

Rule 401. (1) A dry cleaning machine which uses a solvent and is designed to be installed and operated without a loading door exhaust system as specified in subrule (2) of this rule shall be approved for operation only if the machine is constructed and operated in a manner to limit the peak work area concentration of the solvent vapors.

(2) Except as provided in subrule (1) of this rule, dry cleaning machines and recovery units or dryers shall be equipped with an exhaust system capable of providing an indraft velocity across the entire loading door opening which averages 100 feet per minute. The exhaust from the blower shall be tightly piped to a point not less than 5 feet above the roof of the building, any adjacent parapet wall, or adjacent building, whichever is applicable, and a minimum of 25 feet away from any return air opening. The stack shall be soldered or taped to prevent vapors from entering the work area and shall be equipped with a vertical discharge cap. Exhaust ducts from dry cleaning machines and recovery units or dryers shall be sized and joined in a manner to maintain the required air flow from each unit.

**History**
- *History: 1981 AACS; 2004 AACS.*

##### **Mich. Admin. Code R 325.17402** Prevention of liquid solvent and solvent vapor loss; piping of recovered dry cleaning solvent {#sec-r-325.17402 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.17402}

Rule 402. (1) A dry cleaning system shall be designed, installed, operated, and maintained in a manner to prevent the loss of liquid solvent or solvent vapor.

(2) Recovered dry cleaning solvent from all types of recovery equipment shall be piped directly into an enclosed tank.

(3) Pipe joint compounds and dry cleaning machine gasketing shall be made of a material which resists penetration and deterioration by solvents or solvent vapors.

**History**
- *History: 1981 AACS; 2004 AACS.*

##### **Mich. Admin. Code R 325.17403** Button and lint traps {#sec-r-325.17403 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.17403}

Rule 403. (1) Button or lint traps on dry cleaning machines shall be designed so as to prevent loss of solvent or solvent vapor.

(2) A solvent bypass arrangement shall be provided for the button or lint trap if overflow might occur due to partial or total blocking of the trap.

(3) A button or lint trap cover shall be kept closed during normal operations of the dry cleaning machine.

**History**
- *History: 1981 AACS; 2004 AACS.*

##### **Mich. Admin. Code R 325.17404** Electrical components {#sec-r-325.17404 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.17404}

Rule 404. The electrical wiring and electrical components associated with a type I, II, III, and IV dry cleaning machine shall be approved by a nationally-recognized electrical testing laboratory.

**History**
- *History: 1981 AACS; 2004 AACS.*

##### **Mich. Admin. Code R 325.17405** Exterior venting of solvent filters, stills, water separators, and sludge cookers {#sec-r-325.17405 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.17405}

Rule 405. Solvent filters, solvent stills, solvent-water separators, sludge cookers, and any required pressure relief vents that are not designed and operated to limit the peak work area concentration of solvent vapors shall be vented to the exterior of the building.

**History**
- *History: 1981 AACS; 2004 AACS.*

##### **Mich. Admin. Code R 325.17406** Manuals for installation, operation, and maintenance {#sec-r-325.17406 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.17406}

Rule 406. An applicant submitting plans and specifications pursuant to part 2 of these rules shall provide the installation, operation, and maintenance manuals, upon request of the department, which indicate the use of new or revised models of dry cleaning machines.

The manuals shall include all of the following:

(a) A complete description of the dry cleaning machine cycle, solvent loss and exposure safeguards, and machine performance.

(b) The location and identification of all controls.

**History**
- *History: 1981 AACS; 2004 AACS.*

##### **Mich. Admin. Code R 325.17407** Rescinded {#sec-r-325.17407 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.17407}

**History**
- *History: 1981 AACS; 2004 AACS.*

##### **Mich. Admin. Code R 325.17408** Rescinded {#sec-r-325.17408 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.17408}

**History**
- *History: 1981 AACS; 2004 AACS.*

##### **Mich. Admin. Code R 325.17409** Rescinded {#sec-r-325.17409 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.17409}

PART 5. BUILDING REQUIREMENTS

**History**
- *History: 1981 AACS; 2004 AACS.*

##### **Mich. Admin. Code R 325.17501** Location of establishments; approval by department {#sec-r-325.17501 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.17501}

Rule 501. (1) The location and the type of building used for the dry cleaning establishment shall be approved by the department.

(2) The department shall conduct an on-site evaluation of a new dry cleaning building location before the plans and specifications are submitted to the department for review and approval. The owner, operator, or designated agent shall be responsible for contacting the department to arrange an inspection to comply with this part.

(3) The department shall not approve the location of a dry cleaning building or dry cleaning establishment if the building or establishment does not comply with the public health code for type IV installations or the fire prevention code for type I, II or III installations.

**History**
- *History: 1981 AACS; 2004 AACS.*

##### **Mich. Admin. Code R 325.17502** Rescinded {#sec-r-325.17502 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.17502}

**History**
- *History: 1981 AACS; 2004 AACS.*

##### **Mich. Admin. Code R 325.17503** Approval of new dry cleaning establishment in building occupied in part as dwelling prohibited; exception {#sec-r-325.17503 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.17503}

Rule 503. The department shall not grant approval of plans for the installation of a new dry cleaning establishment in a building which is occupied in part as a dwelling, except upon demonstration by the prospective owner and concurrence by the department that the dry cleaning establishment is specifically located or constructed, or both, in a manner that will not create a potential hazard to the occupants of the building or to the public.

**History**
- *History: 1981 AACS; 2004 AACS.*

##### **Mich. Admin. Code R 325.17504** Building requirements generally {#sec-r-325.17504 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.17504}

Rule 504. (1) Buildings in which type I, II, III, and IV dry cleaning systems are installed shall be structures with concrete floors in good condition.

(2) A dry cleaning establishment shall not be located in a basement or other location which is difficult to ventilate. An exception may be granted when, due to special construction, location, or use, the installation will not create a potential hazard to the occupants or the public, as determined by the department.

**History**
- *History: 1981 AACS; 2004 AACS.*

##### **Mich. Admin. Code R 325.17505** Compliance with building requirements of local governmental authorities {#sec-r-325.17505 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.17505}

Rule 505. All new dry cleaning establishments shall comply with applicable requirements of local governmental authorities. The owner or operator of a dry cleaning establishment shall provide written evidence of this compliance on forms provided by the department.

The written evidence shall accompany the plans and specifications submitted to the department for approval under part 2 of these rules.

**History**
- *History: 1981 AACS; 2004 AACS.*

##### **Mich. Admin. Code R 325.17506** Dry cleaning establishments with adjacent occupancies in same or adjoining building; vapor seal requirements {#sec-r-325.17506 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.17506}

Rule 506. Any dry cleaning establishment with adjacent occupancies within the same building or in other adjoining buildings shall be provided with an effective vapor seal to prevent infiltration of dry cleaning solvent vapors into the adjacent occupancies or buildings. Porous walls, partitions, and roof-to-partition wall areas shall be effectively sealed in a manner approved by the department.

**History**
- *History: 1981 AACS; 2004 AACS.*

##### **Mich. Admin. Code R 325.17507** Rescinded {#sec-r-325.17507 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.17507}

**History**
- *History: 1981 AACS; 2004 AACS.*

##### **Mich. Admin. Code R 325.17508** Rescinded {#sec-r-325.17508 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.17508}

**History**
- *History: 1981 AACS; 2004 AACS.*

##### **Mich. Admin. Code R 325.17509** Boiler room construction and boiler location {#sec-r-325.17509 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.17509}

Rule 509. Boiler room construction and the location of a boiler in a dry cleaning establishment shall comply with all applicable requirements of state and local governmental authorities, including the bureau of safety and regulation of the Michigan department of consumer and industry services.

**History**
- *History: 1981 AACS; 2004 AACS.*

##### **Mich. Admin. Code R 325.17510** Combustion air openings {#sec-r-325.17510 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.17510}

Rule 510. (1) Nonpowered combustion air openings for fuel-fired unit space heaters, steam boilers, and water heaters shall be sized at ½ square inch of net free area per 1,000 Btu per hour input and 1 square inch net free area per 1,000 Btu per hour input for dryers.

(2) If powered combustion air supply equipment is used as an alternate to subrule (1) of this rule for water heaters and boilers, then the powered combustion air supply equipment shall be selected to provide not less than 0.33 cubic feet per minute per 1,000 Btu per hour input and shall be electrically interlocked to the combustion controls of each unit.

PART 7. INSTALLATION, OPERATION, AND VENTILATION

**History**
- *History: 1981 AACS; 2004 AACS.*

##### **Mich. Admin. Code R 325.17701** Control of solvent and solvent vapors; exhaust ventilation generally {#sec-r-325.17701 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.17701}

Rule 701. (1) Dry cleaning systems in type I, II, III, and IV dry cleaning establishments shall be installed and maintained to prevent the unnecessary escape of solvents or solvent vapors into the dry cleaning machine room and public area atmospheres and so that the vapor concentration shall not exceed the allowable concentration in these areas for those compounds as specified in R 325.51101 et seq.

(2) General mechanical exhaust ventilation shall be provided in a dry cleaning machine room to effectively control the buildup of dry cleaning solvent vapors. The exhaust ventilation system shall be designed and installed to have a minimum capacity of 1 complete change of air in the dry cleaning machine room each 5 minutes in order to control emergency spills or leaks.

**History**
- *History: 1981 AACS; 2004 AACS.*

##### **Mich. Admin. Code R 325.17702** Rescinded {#sec-r-325.17702 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.17702}

**History**
- *History: 1981 AACS; 2004 AACS.*

##### **Mich. Admin. Code R 325.17703** Rescinded {#sec-r-325.17703 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.17703}

**History**
- *History: 1981 AACS; 2004 AACS.*

##### **Mich. Admin. Code R 325.17704** Rescinded {#sec-r-325.17704 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.17704}

**History**
- *History: 1981 AACS; 2004 AACS.*

##### **Mich. Admin. Code R 325.17705** Dry cleaning equipment in public laundry establishments; ventilation of dry cleaning machine rooms and flow of air from user operator area {#sec-r-325.17705 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.17705}

Rule 705. (1) If dry cleaning machines are located in public laundry facilities, then there shall be an operator on the premises when the dry cleaning machine is in operation.

(2) Dry cleaning equipment in type I, II, III, or IV establishments also having a public laundry, shall have general mechanical exhaust ventilation in the dry cleaning machine room to create a continuous flow of air from the operator's area and the public laundry portion of the establishment to the outside of the building to prevent dry cleaning solvent vapor buildup.

(3) General exhaust ventilation required by this rule shall be provided on a continuous basis while the dry cleaning establishment is open for business or while the dry cleaning equipment is being operated or serviced.

**History**
- *History: 1981 AACS; 2004 AACS.*

##### **Mich. Admin. Code R 325.17706** Make-up air requirements generally {#sec-r-325.17706 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.17706}

Rule 706. (1) In addition to the exhaust ventilation systems required by these rules, a supply of make-up air which is equal to or greater than the total air being exhausted from the building shall be provided to all type I, II, III, and IV establishments.

(2) Regardless of the type of make-up air system selected, sufficient replacement air shall be provided to prevent a negative pressure condition within the building.

(3) Make-up air intakes shall be remotely located from the general exhaust location so as to provide maximum personnel protection from exposure to solvent vapors.

(4) The location of all make-up air systems and the flow direction of powered make-up air systems shall be approved by the department before installation.

**History**
- *History: 1981 AACS; 2004 AACS.*

##### **Mich. Admin. Code R 325.17707** Rescinded {#sec-r-325.17707 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.17707}

**History**
- *History: 1981 AACS; 2004 AACS.*

##### **Mich. Admin. Code R 325.17708** Rescinded {#sec-r-325.17708 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.17708}

**History**
- *History: 1981 AACS; 2004 AACS.*

##### **Mich. Admin. Code R 325.17709** Ventilation exhaust ducts and deodorizing vents; size; sealing; discharge height {#sec-r-325.17709 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.17709}

Rule 709. (1) Ventilation exhaust ducts and deodorizing vents in dry cleaning establishments shall be sized to maintain the required air flow. The joints of the ducts shall be effectively sealed, soldered, or taped. The ducts shall extend to a minimum height of 5 feet above the roofline and a minimum of 25 feet from any air intake unit or opening and shall extend above any adjacent parapet wall or above adjacent buildings, whichever is higher. The ducts shall be equipped with a vertical discharge cap.

(2) Where deodorizing vents are connected to a common duct, the main duct shall be sized to maintain rated airflow from all the dry cleaning machines and shall be extended as required by subrule (1) of this rule. Backdraft dampers in individual deodorizing stacks may be required by the department.

(3) The exit location of ventilation ducts and deodorizing system vents shall be installed so as to prevent the entry of solvent-contaminated air into the make-up air supply or other air intakes or combustion air systems in the dry cleaning establishment.

**History**
- *History: 1981 AACS; 2004 AACS.*

##### **Mich. Admin. Code R 325.17710** Rescinded {#sec-r-325.17710 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.17710}

**History**
- *History: 1981 AACS; 2004 AACS.*

##### **Mich. Admin. Code R 325.17711** Rescinded {#sec-r-325.17711 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.17711}

**History**
- *History: 1981 AACS; 2004 AACS.*

##### **Mich. Admin. Code R 325.17712** Rescinded {#sec-r-325.17712 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.17712}

**History**
- *History: 1981 AACS; 2004 AACS.*

##### **Mich. Admin. Code R 325.17713** Portable fire extinguisher requirement {#sec-r-325.17713 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.17713}

Rule 713. Two portable fire extinguishers with at least a 2a,10bc rating are required and 1 shall be mounted near the dry cleaning machine in each dry cleaning establishment.

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 325.17714** Organic vapor respirator requirement; selection {#sec-r-325.17714 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.17714}

Rule 714. (1) An approved organic vapor respirator is required for each type IV dry cleaning establishment. The respirator shall be kept near the dry cleaning machine in a sealed container, shall be properly identified, shall be in good repair, and shall be available for immediate use. Chemical specific cartridges for the respirators shall be approved and used according to the manufacturer's specifications only. The wearer shall replace the cartridge immediately upon noticing an odor.

(2) The respirator shall meet the requirements described in R 325.60051 et seq.

PART 9. INSPECTIONS OF DRY CLEANING ESTABLISHMENTS

**History**
- *History: 2004 AACS.*

##### **Mich. Admin. Code R 325.17901** Evaluation of establishments generally {#sec-r-325.17901 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.17901}

Rule 901. In accordance with the provisions of sections 13304 and 13307 of the code, the department shall make surveys, on-site inspections, surveillance observations, or special purpose investigations for the purpose of evaluating the construction, operation, adequacy, or condition of dry cleaning establishments.

**History**
- *History: 1981 AACS; 2004 AACS.*

##### **Mich. Admin. Code R 325.17902** On-site inspections and surveillance observations {#sec-r-325.17902 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.17902}

Rule 902. On-site inspections and surveillance observations of dry cleaning establishments may include, but are not limited to, a review of all of the following:

(a) Dry cleaning establishment physical facilities and equipment.

(b) The maintenance program for the dry cleaning establishment.

(d) The design and operation of the dry cleaning establishment.

(e) A cross connection control program to prevent contaminants from entering a public water supply system due to a reversal of flow.

(f) Security measures provided to protect the public health and the operation of the dry cleaning establishment.

**History**
- *History: 1981 AACS; 2004 AACS.*

##### **Mich. Admin. Code R 325.17903** Access for inspections {#sec-r-325.17903 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.17903}

Rule 903. An authorized representative of the department, after proper identification, may enter any dry cleaning establishment at any reasonable time for the purpose of making inspections and reviewing records of the establishment to determine compliance with the public health code for type IV installations or the fire prevention code for type I, II or III installations and these rules.

**History**
- *History: 1981 AACS; 2004 AACS.*

##### **Mich. Admin. Code R 325.17904** Inspection reports {#sec-r-325.17904 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.17904}

Rule 904. A copy of the inspection report shall be furnished to the owner or operator of the dry cleaning establishment.

**History**
- *History: 1981 AACS; 2004 AACS.*

##### **Mich. Admin. Code R 325.17905** Correction of violations {#sec-r-325.17905 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.17905}

Rule 905. If the violations identified from the inspection report are not corrected as required within the specified time period, then the department may issue an order to cease or modify operations at the dry cleaning establishment or the department may initiate license suspension, revocation, or denial proceedings in accordance with parts 3 and 10 of these rules.

**History**
- *History: 1981 AACS; 2004 AACS.*

##### **Mich. Admin. Code R 325.17906** Emergency orders to cease dry cleaning operations {#sec-r-325.17906 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.17906}

Rule 906. (1) Upon a finding by the director of the department that an emergency, as defined in R 325.17102(h), exists, the director may issue a written order to the person in charge of the establishment to immediately cease or modify all dry cleaning operations or may take any other action permitted by law. Dry cleaning operations shall not resume until written authorization is received from the director.

(2) If a dry cleaning establishment is ordered to cease or modify its dry cleaning operations under subrule (1) of this rule, then it shall not resume operations in violation of the order until the department determines, upon reinspection, that the conditions responsible for the order to cease operations no longer exist. An opportunity for reinspection shall be offered within a reasonable time or upon request of the owner or operator of the establishment.

(3) A person who fails to comply with an order to cease or modify dry cleaning operations or who interferes with an authorized representative of the department in the proper conduct of his or her responsibilities shall be subject to revocation of his or her license or the remedies and penalties prescribed by the public health code or the fire prevention code, or both.

PART 10. CONTESTED CASES

**History**
- *History: 1981 AACS; 2004 AACS.*

##### **Mich. Admin. Code R 325.18001** Rescinded {#sec-r-325.18001 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.18001}

**History**
- *History: 1981 AACS; 2004 AACS.*

##### **Mich. Admin. Code R 325.18002** Opportunity to show compliance {#sec-r-325.18002 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.18002}

Rule 1002. Before commencing the proceedings for denial, suspension, or revocation of a license, the department shall give notice to the applicant or licensee, personally or by mail, of the facts or conduct which warrant the intended action and shall provide the applicant or licensee with an opportunity to show compliance with the public health code for type IV installations, or the fire prevention code for type I, II, or III installations and these rules. If, after an opportunity to show compliance, the department determines that the applicant or licensee has failed to show compliance with the applicable code and these rules, then the department may issue an order to deny, suspend, or revoke the license. An applicant or licensee who is aggrieved by a decision of the department to deny, suspend, or revoke a license is entitled to an administrative hearing under 1969 PA 306, MCL 24.201 et seq. This rule does not apply to emergency orders issued pursuant to subsection (3) of section 13321 of the public health code.

**History**
- *History: 1981 AACS; 2004 AACS.*

##### **Mich. Admin. Code R 325.18003** Rescinded {#sec-r-325.18003 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.18003}

**History**
- *History: 1981 AACS; 2004 AACS.*

##### **Mich. Admin. Code R 325.18004** Rescinded {#sec-r-325.18004 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.18004}

**History**
- *History: 1981 AACS; 2004 AACS.*

##### **Mich. Admin. Code R 325.18005** Rescinded {#sec-r-325.18005 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.18005}

**History**
- *History: 1981 AACS; 2004 AACS.*

##### **Mich. Admin. Code R 325.18006** Rescinded {#sec-r-325.18006 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.18006}

PART 11. TYPICAL DESIGN PRINTS AND DIAGRAMS

**History**
- *History: 1981 AACS; 2004 AACS.*

##### **Mich. Admin. Code R 325.18101** Rescinded {#sec-r-325.18101 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.18101}

**History**
- *History: 1981 AACS; 2004 AACS.*

##### **Mich. Admin. Code R 325.18102** Rescinded {#sec-r-325.18102 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.18102}

**History**
- *History: 1981 AACS; 2004 AACS.*

##### **Mich. Admin. Code R 325.18103** Rescinded {#sec-r-325.18103 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.18103}

**History**
- *History: 1981 AACS; 2004 AACS.*

##### **Mich. Admin. Code R 325.18104** Rescinded {#sec-r-325.18104 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 325.18104}

**History**
- *History: 1981 AACS; 2004 AACS.*

### **R 336.201 to R 336.205** Annual Reporting

##### **Mich. Admin. Code R 336.201** Definitions {#sec-r-336.201 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.201}

DEPARTMENT OF ENVIROMENTAL QUALITY

AIR QUALITY DIVISION

ANNUAL REPORTING

(By authority conferred on the department of natural resources by sections 5 and 14a of Act No. 348 of the Public Acts of 1965, as amended, and Executive Reorganization Order Nos. 1973-2, 1973-2a, and 1976-1, being SS336.15, 336.24a, and 299.11 of the Michigan Compiled Laws)

Rule 1. As used in these rules:

(a) "Commercial location" means a publicly or privately owned place where persons are engaged in the exchange or sale of goods or services. "Commercial location" also means multiple housing units which have a single owner and which are designed for 3 or more families. "Commercial location" does not include elementary and secondary schools and facilities owned and operated by the state government. A separate building or group of buildings used for the exchange or sale of goods or services which has a single owner and manager constitutes a separate commercial location.

(b) "Department" means the department of natural resources.

(c) "Geographical site" means contiguous land ownership by 1 landowner. A public rightof-way, such as a road, railroad, and watercourse through part of the site, is not considered to break the continuity. If transmission and fuel delivery rights-of-way or a strip of land that serves no other principal purpose than as a transportation or materials handling link connects 2 or more otherwise separate geographical sites, such connected sites shall be considered separate geographical sites.

(d) "Manufacturing location" means a place where a person is engaged in the making of goods or wares, including the generation of electricity, in the processing of material, or primarily in the disposing or treating of solid or liquid waste. For the purpose of assessing a surveillance fee, manufacturing location includes all such places, whether publicly or privately owned and contained within 1 geographical site, except for places owned and operated by the state government. A power plant, as defined in table 42 of R 336.1401 of the Michigan Administrative Code, constitutes a separate manufacturing location when used to supply steam or energy to more than 1 other manufacturing or commercial location.

However, a power plant with a capacity of more than 500,000 pounds of steam per hour is considered a separate manufacturing location. For a large industrial complex or other unusual cases, the department may determine that the complex constitutes more than 1 manufacturing location, based on such factors as separate corporate operating division units or sections.

**History**
- *History: 1980 AACS.*

##### **Mich. Admin. Code R 336.202** Annual reports {#sec-r-336.202 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.202}

Rule 2. The department shall require an annual report from a commercial, industrial, or governmental source of emission of an air contaminant if, in the judgment of the department, information on the quantity and composition of an air contaminant emitted from the source is considered by the department as necessary for the proper management of the air resources. The information shall be specified by the department and shall be submitted on forms available from the department. The information shall include factors deemed necessary by the department to reasonably estimate quantities of air contaminant discharges and their significance. The report shall be submitted to the department not later than March 15 of each year following notification by the department that the report is required. The notification shall be in writing and shall be mailed to the owner or operator of the source of emission not less than 45 days before the deadline for submitting the report.

**History**
- *History: 1980 AACS; 1986 AACS.*

##### **Mich. Admin. Code R 336.203** Rescinded {#sec-r-336.203 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.203}

**History**
- *History: 1980 AACS; 1987 AACS.*

##### **Mich. Admin. Code R 336.204** Register of materials {#sec-r-336.204 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.204}

Rule 4. The register of materials reads as follows:

Register of materials Group A Group C Asbestos Sulfur dioxide Benzo-a-pyrene Beryllium or its compounds Bromine Group D Chrlorine Cyanides Alcohols Flourides Ethers Flourine Esthers Iodine Ketones Lead or its compounds Halogenated hydrocarbons Mercaptans Non-methane hydrocarbons Mercury or its compounds Pesticides Sulfides, organic and inorganic Group B Particulate (except those listed in group A) Group E Oxides of nitrogen Carbon monoxide Ammonia

**History**
- *History: 1980 AACS; 1987 AACS.*

##### **Mich. Admin. Code R 336.205** Rescission {#sec-r-336.205 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.205}

Rule 5. R 336.81 to R 336.83 of the Michigan Administrative Code, appearing on pages 7926 to 7928 of the 1975 Annual Supplement to the Code and pages 8579 and 8580 of the 1976 Annual Supplement to the Code, are rescinded.

**History**
- *History: 1980 AACS.*

### **R 336.1101 to R 336.1128** Part 1. General Provisions

##### **Mich. Admin. Code R 336.1101** Definitions; A {#sec-r-336.1101 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1101}

DEPARTMENT OF ENVIRONMENT, GREAT LAKES, AND ENERGY

AIR QUALITY DIVISION

AIR POLLUTION CONTROL

(By authority conferred on the director of the department of environment, Great Lakes, and energy by sections 5503 and 5512 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.5503 and 324.5512, and Executive Reorganization Order Nos. 1995-16, 2009-31, 2011-1, and 2019-1, MCL 324.99903, 324.99919, 324.99921, and 324.99923)

PART 1. GENERAL PROVISIONS

Rule 101. As used in these rules:

(a) "Act" means 1994 PA 451, MCL 324.5501 to 324.5542.

(b) "Actual emissions" means the average rate, in tons per year, at which the process or process equipment actually emitted the air contaminant during the preceding 2-year period and which was representative of the normal operation of the process or process equipment.

A different time period may be used if the time period can be demonstrated to be more representative of normal operation. Actual emissions shall be calculated using the process's or process equipment's actual operating hours, production rates, and types of materials processed, stored, or combusted during the selected time period. The department may presume that the actual emissions for a process or process equipment shall equal the allowable emissions for such process or process equipment if the allowable emissions are identified in the demonstration for an approved state implementation plan. For any process or process equipment that has not begun normal operations, actual emissions shall equal the allowable emissions. The term "actual emissions" is not applicable in parts 6 and 7 of these rules.

(c) "Adhesion prime" means a coating that is applied to a polyolefin part to promote the adhesion of a subsequent coating. An adhesion prime is clearly identified as an adhesion prime or adhesion promoter on its accompanying material safety data sheet.

(d) "Affected states" means all states that are contiguous to the state of Michigan and whose air quality may be affected by a proposed operating permit, operating permit modification, or operating permit renewal or that are within 50 miles of the stationary source for which a permit action is proposed.

(e) "Air-cleaning device" means air pollution control equipment.

(f) "Air contaminant" means a dust, fume, gas, mist, odor, smoke, vapor, or any combination thereof.

(g) "Air-dried coating" means a coating that is dried by the use of air or forced warm air at temperatures up to 90 degrees Celsius (194 degrees Fahrenheit).

(h) "Air pollution" has the same meaning as defined in section 5501 of the act.

(i) "Air pollution control equipment" means any method, process, or equipment that removes, reduces, or renders less noxious air contaminants discharged into the atmosphere.

(j) "Air quality standard" means the concentration and duration of an air contaminant specified by the department or by the national ambient air quality standardsas contained in the provisions of 40 C.F.R. part 50, adopted by reference in R 336.1902, whichever is more restrictive, as the maximum acceptable concentration and duration of that contaminant in the ambient air.

(k) "Allowable emissions" means the emission rate calculated using the maximum rated capacity of the process or process equipment, unless there are legally enforceable limits that restrict the operating rate or the hours of operation, or both, and the most stringent of the following:

(i) Any applicable standards pursuant to the clean air act.

(ii) Any applicable emission limit specified in these rules, including a limit that has a future compliance date.

(iii) Any applicable emission rate specified as a legally enforceable permit condition or voluntary agreement, performance contract, stipulation, or order of the department, including a rate that has a future compliance date.

(l) "Alternate opacity" means that standard for density of emission which is greater than the standard specified in R 336.1301(1) and which is established by the department for a specific process or process equipment in accordance with the provisions of R 336.1301(4).

(m) "Alternative method," with respect to source sampling, means a method or set of procedures for obtaining source samples which is not a reference test method or an equivalent method and which has been demonstrated, to the department's satisfaction, to, in specific cases, produce results adequate for a performance test.

(n) "Ambient air" means that part of the atmosphere outside of buildings to which the general public has access.

(o) "Applicable requirement" means any of the following as they apply to process or process equipment, including requirements that have been approved as administrative rules under the actpursuant to the administrative procedures act, 1969 PA 306, MCL 24.201 to 24.328 or promulgated by the United States environmental protection agency through final rulemaking at the time of issuance of a permit under the act and which will become effective during the permit term:

(i) A standard or other requirement provided for in the Michigan state implementation plan, as approved or promulgated by the United States environmental protection agency through rulemaking under title I of the clean air act, that implements the relevant requirements of the clean air act, including any revisions to that plan promulgated in 40 C.F.R. part 52.

(ii) A standard or requirement enacted as a part of the actor promulgated in administrative rules pursuant to the act.

(iii) A term or condition of any permit issued pursuant to the act or regulations approved or promulgated through rulemaking under title I of the clean air act, including parts C or D.

(iv) A term or condition of an order entered pursuant to the actthat is necessary to ensure or demonstrate compliance with any other applicable requirement.

(v) A term or condition of a permit issued by the United States environmental protection agency pursuant to title I, subpart C, of the clean air act.

(vi) A term or condition of any permit issued pursuant to the Wayne county air pollution control ordinance, adopted pursuant to the home rule charter for Wayne county, resolution no. 85-305, as amended by resolution no. 89-213.

(vii) A term or condition of an order entered pursuant to the Wayne county air pollution control ordinance, adopted pursuant to the home rule charter for Wayne county, resolution no. 85-305, as amended by resolution no. 89-213, that is necessary to ensure or demonstrate compliance with any other applicable requirement.

(viii) A standard or other requirement under the clean air act, including any of the following:

(A) A standard for the performance of new stationary sources or other requirement under section 111 of the clean air act, including section 111(d).

(B) A standard for hazardous air pollutants or other requirement under section 112 of the clean air act, including any requirement concerning accident prevention under section 112(r)(7).

(C) A standard or other requirement of the acid rainprogram under title IV of the clean air act or the regulations promulgated thereunder.

(D) A requirement for enhanced monitoring established pursuant to sections 114 (a)(3) or 504(b) of the clean air act.

(E) A standard or other requirement governing solid waste incineration under section 129 of the clean air act.

(F) A standard or other requirement for consumer and commercial products under section 183(e) of the clean air act.

(G) A standard or other requirement for tank vessels under section 183(f) of the clean air act.

(H) A standard or other requirement of the regulations promulgated to protect stratospheric ozone under title VI of the clean air act, unless the administrator of the United States environmental protection agency has determined that the standard or requirement need not be contained in a renewable operating permit required under title V of the clean air act.

(I) A national ambient air qualitystandardor increment or visibility requirement under the clean air act, title I, part C, but only as it would apply to temporary sources. Any applicable requirement which results solely from the requirements of the act, the rules promulgated under the act, or the home rule charter for Wayne county, resolution no. 85-305, as amended by resolution no. 89-213, isnot enforceable under the clean air act.

(p) "Applicant" means a person who owns or operates a stationary source and who files an application for a permit with the department.

(q) “Aqueous based parts washer” means a tank containing liquid with a volatile organic compound content of less than 5 %, by weight, and at a temperature below its boiling point that is used to spray, brush, flush, or immerse metallic and/or plastic objects for the purpose of cleaning or degreasing.

(r) "ASTM" means the American society for testing and materials.

(s) "Automobile" means any passenger motor vehicle capable of seating not more than 12 occupants.

1995 AACS; 1998-2000 AACS; 2003 AACS; 2016 AACS.

**History**
- *History: 1980 AACS; 1981 AACS; 1985 AACS; 1988 AACS; 1989 AACS; 1990 AACS; 1993 AACS;*

##### **Mich. Admin. Code R 336.1102** Definitions; B {#sec-r-336.1102 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1102}

Rule 102. As used in these rules:

(a) "Best available control technology for toxics" or "T-BACT" means the maximum degree of emission reduction which the department determines is reasonably achievable for each process that emits toxic air contaminants, taking into account energy, environmental, and economic impacts and other costs.

(b) "Best available information" means the most scientifically credible and relevant data available for a particular air contaminant in relation to a risk assessment or the development of screening levels. Such information may be taken from the scientific literature or the integrated risk information system database maintained by the United States environmental protection agency and from other databases, as appropriate. The term includes other pertinent studies or reports containing data which the department finds to be of adequate quality for use in the risk assessment.

(i) Maximum lightness: 23 units.

(ii) Saturation: less than 2.8, where saturation equals the square root of A² + B². These criteria are based on Cielab color space, 0/45 geometry. For spherical geometry, specular included, maximum lightness is 33 units.

(d) "Blending tank," as it pertains to R 336.1631, means any vessel in which organic resin and solvent or other materials are added to produce a product blend.

(e) "Business machine" means a device that uses electronic or mechanical methods to process information, perform calculations, print or copy information or convert sound into electrical impulses for transmission, including devices listed in standard industrial classification numbers 3572, 3573, 3574, 3579, and 3661, and photocopy machines, a subcategory of standard industrial classification number 3861.

**History**
- *History: 1981 AACS; 1989 AACS; 1992 AACS; 2002 AACS; 2008 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 336.1103** Definitions; C {#sec-r-336.1103 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1103}

Rule 103. As used in these rules:

(a) "Calendar day" means a 24-hour time period, which normally is midnight to midnight, but may, upon written notification to the department, cover a different, consecutive 24hour time period for a specific process.

(b) "Capacity factor" means the ratio of the average load on a machine or equipment for the period of time considered to the capacity rating of the machine or equipment.

(i) Belonging to a category of “carcinogenic to humans,” “likely to be carcinogenic to humans,” or “suggestive evidence of carcinogenic potential” using the weight of evidence narrative approach as described in United States Environmental Protection Agency’s “Guidelines for Carcinogen Risk Assessment” as adopted by reference in R 336.1902.

(ii) Any chemical that has been determined to be a carcinogen using another generally accepted guideline for carcinogen risk assessment based on sound scientific and defensible evidence.

(d) "Charging period," with respect to coke ovens utilizing larry car charging methodology, means the total time taken between the point at which the coal starts flowing into the oven and the point at which the leveling door and the charging holes are closed with their respective lids after the coal from the larry car hoppers is emptied into the oven being charged through the respective charging holes and the coal has been leveled in the oven. “Charging period,” with respect to coke ovens utilizing pipeline charging methodology, means the total time taken from the time at which the coal starts flowing into an oven by opening the preheated coal inlet valve to the time at which the coal flow ends when the inlet valve is closed.

(e) "Class II finishes on hardboard paneling" means a finish that meets the specifications of voluntary product standard PS-59-73, as approved by the American National Standards Institute.

(f) "Clean air act" means chapter 360, 69 stat. 322, 42 USC 7401 to 7671q and regulations promulgated under the clean air act.

(g) "Clean charge" means furnace charge materials, including molten metal; t-bar; sow; ingot; billet; pig; alloying elements; uncoated or unpainted thermally dried metal chips; metal scrap dried at 343 degrees Celsius, 650 degrees Fahrenheit, or higher; metal scrap delacquered or decoated at 482 degrees Celsius, 900 degrees Fahrenheit, or higher; other oil and lubricant-free unpainted or uncoated gates and risers; oil and lubricant-free unpainted or uncoated scrap, shapes, or products, pistons for example, that have not undergone any process, for example, machining, coating, painting, that would cause contamination of the metal with oils, lubricants, coatings, or paints; and on-site runaround.

(h) "Clear coating" means a coating that lacks color and opacity or is transparent and uses the undercoat as a reflectant base or undertone color.

(i) "Clinical testing of pharmaceuticals" means human or animal health studies that are conducted consistent with applicable government regulations, guidelines, or directions for approval of a pharmaceutical product, such as those monitored by the United States Food and Drug Administration for the purpose of determining any of the following with respect to a drug:

(i) Pharmacological action.

(ii) Preferred route of administration.

(iii) Safe dosage range.

(iv) Optimum dosage schedule.

(v) Safety and effectiveness.

(vi) Product label indications.

(j) "Coating category" means a type of surface coating for which there is a separate emission limit specified in these rules.

(k) "Coating line" means an operation that is a single series in a coating process and is comprised of 1 or more coating applicators and any associated flash-off areas, drying areas, and ovens wherein 1 or more surface coatings are applied and subsequently dried or cured.

(l) "Coating of automobiles and light-duty trucks" means the application of prime, primer surfacer, topcoat, and final repair to sheet metal and metallic body components during assembly of a vehicle. Examples of these sheet metal and metallic body components include all of the following:

(i) Bodies.

(ii) Fenders.

(iii) Cargo boxes.

(iv) Doors.

(v) Grill openings.

(m) "Coating of cans" means exterior coating and interior spray coating in 2-piece can lines; interior and exterior coating in sheet coating lines for 3-piece cans; side seam spray coating and interior spray coating in can fabricating lines for 3-piece cans; and sealing compound application and sheet coating in end coating lines.

(n) "Coating of coils" means the coating of any flat metal sheet or strip that comes in rolls or coils.

(o) "Coating of fabric" means the application of any type of coating to flat sheets of a textile substrate, including the application of coatings by saturation or impregnation.

(p) "Coating of large appliances" means the coating of the component metal parts of residential and commercial washers, dryers, ranges, refrigerators, freezers, water heaters, dishwashers, trash compactors, air conditioners, and other associated products. Examples of these component metal parts include all of the following:

(i) Doors.

(ii) Cases.

(iii) Lids.

(iv) Panels.

(v) Interior support parts.

(q) "Coating of metal furniture" means the coating of any furniture made of metal and includes the coating of any metal part that is or must be assembled with other metal, wood, fabric, plastic, or glass parts to form a furniture piece.

(r) "Coating of paper" means the application of any decorative, functional, or saturation coating applied across the entire width of any flat sheet or pressure-sensitive tape, regardless of substrate, or applied across a partial width of any flat sheet or pressuresensitive tape, regardless of substrate, if this partial coverage is not considered to be an operation or series of operations that is included in the definition of graphic arts line in R 336.1107(e). These applications and substrates include paper, fabric, or plastic film; related wet-coating processes on plastic film, including typewriter ribbons, photographic film, and magnetic tape; and decorative coatings on metal foil, including gift wrapping and packaging; paperboard; and pressure sensitive tapes or labels. Coating of paper does not include coatings used in substrate formation within a papermaking system or coatings applied within all printing lines including, but not limited to, those that comply with requirements contained in R 336.1624, R 336.1624a, and R 336.1635.

(s) "Coating of plastic parts of automobiles and trucks" means the coating of any plastic part that is or can be assembled with other parts to form an automobile or truck.

(t) "Coating of plastic parts of business machines" means the coating of any plastic part that is or can be assembled with other parts to form a business machine.

(u) "Coating of vinyl" means any printing, decorative coating, or protective topcoat applied over vinyl-coated fabric or vinyl rolls or sheets. Coating of vinyl does not include the application of plastisols.

(v) "Coke battery" means a series of coke ovens arranged side by side with an integral heating system.

(w) "Coke oven" means a chamber in which coal is destructively distilled to yield coke.

(x) "Cokeside," with respect to a coke oven, means that side of the coke oven through which coke is discharged.

(y) "Coking cycle" means the time during which coal undergoes destructive distillation in a coke oven. The coking cycle commences at the end of the charging period and ends at the beginning of the pushing operation, but does not include any decarbonization periods.

(z) "Cold cleaner" means a tank containing organic solvent with a volatile organic compound content of 5 % or more, by weight, and at a temperature below its boiling point that is used to spray, brush, flush, or immerse metallic or plastic, or both metallic and plastic objects, for the purpose of cleaning or degreasing.

(aa) "Commercial location" means a publicly or privately owned place where persons are engaged in the exchange or sale of goods or services and multiple housing units designed for 3 or more families, except for elementary and secondary schools and facilities owned and operated by this state. A separate building or group of buildings used for the exchange or sale of goods or services and having a single owner and manager constitutes a separate commercial location.

(bb) "Completed organic resin" means organic resin solids, solvents, and additives as deliverable for sale or use, including a dry organic resin.

(cc) "Compliance plan" means a description of the compliance status of a source with respect to all applicable requirements for each process or process equipment as follows:

(i) For applicable requirements with which the source is in compliance, a statement that the source will continue to comply with the requirements.

(ii) For applicable requirements that will become effective during the permit term, a statement that the source will meet the requirements on a timely basis.

(iii) For applicable requirements for which the stationary source is not in compliance at the time of permit issuance, a narrative description of how the stationary source will achieve compliance with the requirements.

(dd) "Component" means 1 of the following, but does not include a valve that is not externally regulated, that is, a valve that has no external controls and thus does not have the potential to leak a volatile organic compound:

(i) As it pertains to the provisions of R 336.1622, component means any piece of equipment that has the potential to leak a volatile organic compound and includes all of the following:

(A) Pump seals.

(B) Compressor seals.

(D) Pipeline valves.

(E) Flanges and other connections.

(F) Pressure-relief devices.

(G) Process drains.

(H) Open ended pipes.

(ii) As it pertains to the provisions of R 336.1628, component means all of the following:

(A) Compressor seals.

(B) Process valves in light liquid or gaseous volatile organic compound service.

(D) Seals of pumps in light liquid service.

(iii) As it pertains to the provisions of R 336.1629, component means all of the following:

(A) Compressor seals.

(B) Process valves.

(D) Pump seals.

(ee) "Component in field gas service" means a component that processes, transfers, or contains field gas.

(ff) "Component in gaseous volatile organic compound service" means a component that processes, transfers, or contains a volatile organic compound in the gaseous phase under actual conditions.

(gg) "Component in heavy liquid service" means a component that processes, transfers, or contains heavy liquid.

(hh) "Component in light liquid volatile organic compound service" means a component that contacts a light liquid containing more than 10% volatile organic compound by weight.

(ii) "Component in liquid volatile organic compound service" means a component that processes, transfers, or contains a volatile organic compound in the liquid phase under actual conditions.

(jj) "Condenser" means a device that effects the removal of an air contaminant from an exhaust stream by a physical change of state from a vapor to a liquid or solid form.

(kk) "Control equipment" means air pollution control equipment.

(ll) "Conventional air-atomizing spray equipment" means a device that is designed to atomize and direct fluid material solely through the use of compressed air and is capable of operating at air pressures of more than 10 pounds per square inch.

(mm) "Conveyorized cold cleaner" means any continuous system that transports metallic or plastic, or both metallic and plastic objects through a bath containing organic solvent at a temperature below its boiling point for the purpose of cleaning or degreasing.

(nn) "Conveyorized vapor degreaser" means any continuous system that transports metallic objects through or over, or through and over, a bath containing organic solvent that is heated to its boiling point for the purpose of cleaning or degreasing.

(oo) "Cycle of operation," with respect to continuous emission monitoring systems, means the total time a monitoring system requires to sample, analyze, and record an emission measurement.

1995 AACS; 2003 AACS; 2008 AACS; 2016 AACS; 2025 AACS.

**History**
- *History: 1980 AACS; 1981 AACS; 1985 AACS; 1989 AACS; 1990 AACS; 1992 AACS; 1993 AACS;*

##### **Mich. Admin. Code R 336.1104** Definitions; D {#sec-r-336.1104 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1104}

Rule 104. As used in these rules:

(a) "Decarbonization period," with respect to coke ovens, means the time for combusting carbon formed at the oven roof and in the standpipe assembly. The decarbonization period commences when a charging hole lid or lids or a standpipe lid or lids are removed or opened near the end of the coking cycle and ends with the initiation of the next charging period.

(b) "Delivery vessel" means any tank truck, tank-equipped trailer, railroad tank car, or any similar vessel equipped with a storage tank used for the transport of a volatile organic compound from sources of supply to any stationary vessel.

(c) "Demolition waste material" means waste building materials that result from demolition operations on houses and commercial and industrial buildings.

(d) "Department" means the director of the department of environment, Great Lakes, and energy or the director’s designee.

(e) "Difficult-to-monitor component" means a component that can only be monitored by elevating the monitoring personnel more than 6 feet above a support surface.

(f) "Dispensing facility" means a location where gasoline is transferred to a motor vehicle tank from a stationary vessel.

(g) "Dry organic resin" means the organic resin solids from which all liquids have been removed, as deliverable for sale or use.

**History**
- *History: 1980 AACS; 1989 AACS; 1993 AACS; 1998-2000 AACS; 2002 AACS; 2008 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 336.1105** Definitions; E {#sec-r-336.1105 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1105}

Rule 105. As used in these rules:

(a) "Electrostatic prep coat" means a coating that is applied to a plastic part solely to provide conductivity for the subsequent application of a prime, a topcoat, or other coating through the use of electrostatic application methods. An electrostatic prep coat is clearly identified as an electrostatic prep coat on its accompanying material safety data sheet.

(b) "Emission unit" means any part of a stationary source that emits or has the potential to emit an air contaminant. Examples of emission units include the following:

(i) A fossil fuel-fired, steam-generating unit.

(ii) A topcoat painting line.

(iii) A solid waste incinerator.

(iv) A clinker cooler at a Portland cement plant.

(v) A process unit at a chemical plant.

(c) "Equipment utilized in the manufacturing of synthesized pharmaceutical products" means equipment associated with the storage, transfer, or manufacturing of pharmaceutical products, including raw materials and intermediate products, by chemical synthesis. This definition does not include equipment associated with the manufacturing of pharmaceutical products by fermentation or extraction, the formulation or packaging of bulk pharmaceuticals, or the processing of waste resulting from pharmaceutical synthesis.

(d) "Equivalent method," with respect to source sampling, means a method or set of procedures for obtaining source samples that has been demonstrated to the department's satisfaction to have a consistent and quantitatively known relationship to an applicable reference test method.

(e) "Excess air" means any air in excess of the amount of air required for complete combustion of a material as determined by using reference test method 3 of appendix A to the department's rules.

(f) "Excess emissions" means emissions of an air contaminant in excess of any applicable emission limitation.

(g) "External floating roof stationary vessel" means an open top stationary vessel equipped with a cover or roof which rests upon and is supported by the liquid being contained and which has a closure seal or seals to reduce the space between the cover or roof edge and the vessel wall.

(h) "Extreme environmental conditions" means any of the following:

(i) Outdoor weather.

(ii) Temperatures consistently above 95 degrees Celsius (203 degrees Fahrenheit).

(iii) Detergents.

(iv) Abrasive and scouring agents.

(v) Solvents.

(vi) Corrosive atmospheres.

(vii) Other similar harsh conditions.

(i) "Extreme performance coating" means a coating which is designed to protect a coated part from extreme environmental conditions and which is applied to a part that, in its use as a finished product, is intended to be subjected to extreme environmental conditions.

**History**
- *History: 1980 AACS; 1981 AACS; 1989 AACS; 1993 AACS; 1994 AACS; 2002 AACS; 2008 AACS.*

##### **Mich. Admin. Code R 336.1106** Definitions; F {#sec-r-336.1106 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1106}

Rule 106. As used in these rules:

(a) "Federally enforceable" means that a limitation or condition is enforceable by the United States environmental protection agency. Limitations and conditions which are enforceable by the United States environmental protection agency include requirements developed pursuant to 40 C.F.R. parts 60, 61, and 63; requirements within the state implementation plan; any renewable operating permit requirement designated as federally enforceable pursuant to R 336.1213(1)(a); and any permit requirement established pursuant to R 336.1201(1)(a), part 18, or part 19 of these rules.

(b) "Field gas" means a feedstock gas entering a natural gas processing plant.

(c) "Field testing" means the limited use or distribution of a product to determine the quality of the product, including its suitability for its intended end use.

(d) "Fixed roof stationary vessel" means a stationary vessel with a roof connected in a rigid fashion to the side walls of the vessel, a spherically-shaped vessel, or a pressure vessel designed to maintain a specific working pressure.

(e) "Flexible coating" means any coating that is required to comply with engineering specifications for impact resistance, mandrel bend, or elongation as defined by the original equipment manufacturer.

(f) "Flexographic printing" means the application of words, designs, or pictures to a substrate by means of a roll printing technique in which the pattern to be applied is raised above the printing roll and the image carrier is made of rubber or other elastomeric materials.

(g) "Fog coat" means a coating that is applied to a plastic part for the purpose of color matching without masking a molded-in texture. A fog coat shall not be applied at a thickness of more than 0.5 mils of coating solids.

(h) "Fossil fuel-fired steam generator" means a furnace or boiler used in the process of burning fossil fuel for the primary purpose of producing steam by heat transfer.

(i) "Fuel-burning equipment" means a device, contrivance, or equipment used principally, but not exclusively, for the burning of fuel, and all appurtenances thereto, including ducts, breechings, control equipment, fuel-feeding equipment, ash removal equipment, combustion controls, and stacks and chimneys, which equipment is used for indirect heating in which the material being heated is not contacted by, and does not add substance to, the products of combustion. This equipment typically includes that used for all of the following:

(i) Heating water to boiling.

(ii) Raising steam or superheating steam.

(iii) Heating air as in a warm-air furnace.

(iv) Furnishing process heat that is conducted through vessel walls.

(v) Furnishing process heat indirectly through its transfer by fluids.

(j) "Fuel gas system" means any system in which gas generated by a petroleum refinery process unit is combusted, including any gaseous mixture of natural gas with such gas, and is not commercially sold.

(k) "Fugitive dust" means particulate matter that is generated from indoor processes, activities, or operations and that is emitted into the outer air through building openings and general exhaust ventilation, except stacks. The term also means particulate matter that is emitted into the outer air from outdoor processes, activities, or operations due to the forces of the wind or human activity.

(l) "Fugitive emissions" means those emissions which could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening.

**History**
- *History: 1980 AACS; 1981 AACS; 1985 AACS; 1989 AACS; 1992 AACS; 2003 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 336.1107** Definitions; G {#sec-r-336.1107 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1107}

Rule 107. As used in these rules:

(a) "Gasoline" means any petroleum distillate which has a Reid vapor pressure equal to or greater than 4.0 psia and which is used for automotive fuel.

(b) "Geographical site" means contiguous land ownership by 1 landowner. A public right of way, such as a road, railroad, and watercourse, through part of the site, is not considered to break the continuity. Where transmission and fuel delivery rights-of-way or a strip of land that serves no other purpose than as a transportation or materials handling link connects 2 or more otherwise separate geographical sites, the connected sites shall be considered separate geographical sites.

(c) "Good engineering practice design" means, with respect to stack heights, the height necessary to ensure that emissions from the stack result in acceptable concentrations of air contaminants in the immediate vicinity of the stationary source as a result of atmospheric downwash, eddies, and wakes which may be created by the stationary source itself, nearby structures, or nearby terrain obstacles and will not exceed the greatest of the following limits:

(i) Two hundred and thirteen feet (65 meters).

(ii) Two and one-half times the height of the structure or nearby structure for those stacks for which construction or modification commenced on or before January 12, 1979, if the owner or operator produces evidence that this relationship was actually relied upon in designing the stack to ensure protection against downwash.

(iii) The sum of the height of the structure or nearby structure plus 1.5 times the lesser of the height or width of the structure or nearby structure for those stacks for which construction or modification commenced after January 12, 1979.

(iv) Such height as an owner or operator of a stationary source demonstrates, to the satisfaction of the department, is necessary through the use of field studies or fluid models after notice and opportunity for public hearing.

(d) "Gloss reducer" means a coating that is applied to a plastic part solely to reduce the shine of the part. A gloss reducer shall not be applied at a thickness of more than 0.5 mils of coating solids.

(e) "Graphic arts line" means an operation or series of operations in which printing (the formation of words), designs, or pictures on a substrate by means of partial coverage of the substrate are employed. A graphic arts line may also employ 1 or more coating operations in which a uniform layer of coating is applied either across the entire width of the substrate or across only certain portions of the substrate.

**History**
- *History: 1980 AACS; 1981 AACS; 1989 AACS; 2002 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 336.1108** Definitions; H {#sec-r-336.1108 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1108}

Rule 108. As used in these rules:

(a) "Hardboard" means a panel manufactured primarily from interfelted ligno-cellulosic fibers which are consolidated under heat and pressure in a hot press.

(b) "Hardwood plywood" means plywood whose surface layer is a veneer of hardwood.

(c) "Heavy liquid" means a liquid that is less than 10% evaporated at 150 degrees Centigrade as determined by ASTM method D86, adopted by reference in R 336.1902.

(d) "High bake coating" means a coating that is designed to cure only at temperatures of more than 90 degrees Celsius (194 degrees Fahrenheit).

(e) "High-speed dispersion mill" means a mixer that has 1 or more blades which rotate at high speed to disperse coating solids.

**History**
- *History: 1981 AACS; 1989 AACS; 2002 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 336.1109** Definitions; I {#sec-r-336.1109 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1109}

Rule 109. As used in these rules:

(a) "Incinerator" means a device specifically designed for the destruction, by burning, of garbage or other combustible refuse or waste material, or both, in which the products of combustion are emitted into the outer air by passing through a stack or chimney.

(b) "Inhalation reference concentration" or "RfC" means a conservative estimate of the daily exposure to the human population, including sensitive subgroups, that is likely to be without appreciable risk of deleterious noncancerouseffect during a lifetime. The inhalation reference concentration is for continuous inhalation exposures and is expressed in units of milligrams per cubic meter (mg/m³).

(c) "Initial risk screening level" or “IRSL” means the concentration of a possible, probable, or known human carcinogen in ambient air which has been calculated for regulatory purposes, according to the risk assessment procedures in R 336.1229(1), to produce an estimated upper-bound lifetime cancer risk of 1 in 1,000,000.

(d) "Initial threshold screening level" or “ITSL” means a concentration of toxic air contaminant in the ambient air that is used to evaluate noncarcinogenic health effects from a proposed new or modified process and that is calculated, for regulatory purposes, according to the procedures in R 336.1229(2).

(e) "Insulation of magnet wire" means the process of coating aluminum or copper electrical wire by application of a nonconductive material, such as varnish or enamel.

**History**
- *History: 1980 AACS; 1981 AACS; 1992 AACS; 2008 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 336.1112** Definitions; L {#sec-r-336.1112 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1112}

Rule 112. As used in these rules:

(a) "Light-duty truck" means any motor vehicle that is rated at not more than 8,500 pounds gross vehicle weight and that is designed primarily for the transportation of property, including pickups, vans, and window vans.

(b) "Light liquid," as it pertains to R 336.1628, means a liquid that contains 1 or more volatile organic compounds which have vapor pressures of more than 0.04 psia at 20 degrees Centigrade if the total concentration of the pure volatile organic compounds which have vapor pressures of more than 0.04 psia at 20 degrees Centigrade is equal to or greater than 20%, by weight, of the liquid and if the fluid is a liquid at operating conditions.

(i) In human epidemiological studies, the data indicate that a causal relationship between the agent and human cancer is credible, but that alternative explanations, such as chance, bias, or confounding variables, could not be adequately excluded.

(ii) In animal studies, data suggest a carcinogenic effect, but are limited because of any of the following:

(A) The studies involve a single species, strain, or experiment and do not meet criteria for sufficient evidence.

(B) The experiments are restricted by any of the following:

(1) Inadequate dosage levels.

(2) Inadequate duration or exposure to the agent.

(3) Inadequate period of follow-up.

(4) Poor survival.

(5) Too few animals.

(6) Inadequate reporting.

(d) "Loading facility" means a location where volatile organic compounds are received from sources of supply and are stored for later delivery to another facility.

**History**
- *History: 1980 AACS; 1989 AACS; 1990 AACS; 1992 AACS; 2008 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 336.1113** Definitions; M {#sec-r-336.1113 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1113}

Rule 113. As used in these rules:

(a) "Malfunction" means any sudden, infrequent and not reasonably preventable failure of a source, process, process equipment, or air pollution control equipment to operate in a normal or usual manner. Failures that are caused in part by poor maintenance or careless operation are not malfunctions.

(b) "Market testing or market development" means the limited or general distribution of a product to the consumer to gather information concerning the demand for the product.

(c) "Material handling equipment," as referenced in table 31 of R 336.1331, means a device, contrivance, or equipment used to bag, blend, convey, crush, grind, load, mill, mix, shed, store, transfer, or unload a physical substance.

(d) "Material recovery equipment" means any equipment utilized in the transport and recovery of styrene monomer and other impurities from other products and by-products in the manufacture of polystyrene resin by continuous process, including the styrene devolatilizer unit and styrene recovery unit.

(e) “Minus water” means subtraction of water and compounds that are used as organic solvents and excluded from the definition of volatile organic compound.

(f) "Modify" means making a physical change in, or change in the method of operation of, existing process or process equipment that increases the amount of any air contaminant emitted into the outer air that is not already allowed to be emitted under the conditions of a permit or order or results in the emission of any toxic air contaminant into the outer air not previously emitted. An increase in the hours of operation or an increase in the production rate up to the maximum capacity of the process or process equipment is not considered to be a change in the method of operation unless the process or process equipment is subject to enforceable permit conditions or enforceable orders that limit the production rate or the hours of operation, or both, to a level below the proposed increase.

(g) "Motor vehicle" means any self-propelled vehicle registered for, or requiring registration for, use on the highway.

(h) “Motor vehicle material” means coatings applied to motor vehicles or motor vehicle components at facilities that are not automobile or light-duty truck assembly coating facilities.

2008 AACS; 2016 AACS; 2025 AACS.

**History**
- *History: 1980 AACS; 1989 AACS; 1990 AACS; 1992 AACS; 1993 AACS; 1995 AACS; 2002 AACS;*

##### **Mich. Admin. Code R 336.1114** Definitions; N {#sec-r-336.1114 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1114}

Rule 114. As used in these rules:

(a) "Natural finish hardwood plywood panel" means a panel that has its original grain pattern enhanced by essentially transparent finishes frequently supplemented by fillers and toners.

(b) "Natural gas processing plant" means a stationary source where the extraction of natural gas liquids from field gas or the fractionation of the liquids into natural gas products, such as ethane, propane, butane, and natural gasoline, takes place.

(c) "Natural gas process unit" means process equipment assembled for the extraction of natural gas liquids from field gas, the fractionation of the liquids into natural gas products, or other operations associated with the processing of natural gas products. A natural gas process unit may operate independently if supplied with sufficient feed or raw materials and sufficient storage facilities for the products.

(d) "Nearby" means, with respect to good engineering practice design stack heights, a distance of up to 5 times the lesser of the height or the width dimension of a structure, but not more than 0.8 kilometers (0.5 miles). The height of the structure is measured from the ground level elevation at the base of the stack.

(e) "Nonattainment area" means an area designated as not having attained full compliance with any national ambient air quality standard pursuant to section 107(d) of the clean air act. Such designation shall be air contaminant specific and shall not mean that an area is a nonattainment area for any other air contaminant unless so specified. The department shall maintain a list of designated nonattainment areas and shall update the list when air quality monitoring or modeling data warrant. For certain air contaminants, nonattainment areas are classified for the purposes of applying an attainment date, or for other purposes, in accordance with procedures established pursuant to the clean air act. For ozone nonattainment areas, classifications are established as follows:

(i) Nonclassifiable.

(ii) Marginal.

(iii) Moderate.

(iv) Serious.

(v) Severe.

(vi) Extreme.

2016 AACS.

**History**
- *History: 1980 AACS; 1981 AACS; 1989 AACS; 1990 AACS; 1993 AACS; 2003 AACS; 2008 AACS;*

##### **Mich. Admin. Code R 336.1115** Definitions; O {#sec-r-336.1115 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1115}

Rule 115. As used in these rules:

(a) "Opacity" means the degree to which an emission reduces the transmission of light or obscures an observer's view.

(b) "Open burning" means a fire from which the products of combustion are emitted directly into the outer air without passing through a stack or chimney.

(c) "Open top vapor degreaser" means a tank that contains organic solvent that is heated to its boiling point for the purpose of cleaning or degreasing metallic objects through the condensation of the hot solvent vapor on the colder object.

(d) "Oral reference dose" or "RfD" means a conservative estimate of the daily exposure to the human population, including sensitive subgroups, that is likely to be without appreciable risk of deleterious noncancerous effect during a lifetime. The reference dose is expressed in units of milligrams per kilogram of body weight per day.

(e) "Organic compound" means any compound of carbon or mixture of such compounds, excluding all of the following:

(i) Carbon monoxide.

(ii) Carbon dioxide.

(iii) Carbonic acid.

(iv) Metallic carbides or carbonates.

(v) Boron carbide.

(vi) Silicon carbide.

(vii) Ammonium carbonate.

(viii) Ammonium bicarbonate.

(ix) Methane.

(x) Ethane.

(f) "Organic compound-water separator" means any vessel, device, or piece of equipment that is operated for the recovery of organic compounds from waste water and which, in any 1 day, recovers more than 200 gallons of organic compounds from any equipment that processes, refines, stores, or handles such compounds with a Reid vapor pressure of more than 0.5 psia.

(g) "Organic resin" means a solid or semisolid, water insoluble, organic material as listed in standard industrial classification code2821. The resin has little or no tendency to crystallize and is used as the basic component of plastics or as a component of surface coating formulations.

(h) "Organic solvent" means any volatile organic compound that is used as a diluent, thinner, dissolver, viscosity reducer, or cleaning agent or for other similar uses.

(i) "Outer air" means air in all space outside of buildings, stacks, or exterior ducts.

**History**
- *History: 1980 AACS; 1981 AACS; 1989 AACS; 1990 AACS; 1992 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 336.1116** Definitions; P {#sec-r-336.1116 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1116}

Rule 116. As used in these rules:

(a) "Packaging rotogravure printing" means rotogravure printing on a substrate that, in subsequent operations, is formed into a packaging product or label, or both.

(b) "Paint manufacturing" means the grinding or mixing of a combination of pigments, resins, and liquids to produce a surface coating as listed in standard industrial classification code 2851.

(c) "Particulate matter" means any air contaminant existing as a finely divided liquid or solid, other than uncombined water, as measured by a reference test specified in R 336.2004(5) or by an equivalent or alternative method.

(d) "Perchloroethylene dry cleaning equipment" means equipment utilized in the cleaning of fabrics for which perchloroethylene (tetrachloroethylene) is the predominant cleaning medium.

(e) "Performance test" means the taking of a source sample at a stationary source by employing department-approved methods to determine either of the following:

(i) Compliance with the department's rules, orders, or emission limitations.

(ii) Compliance with the conditions of a permit to install or renewable operating permit.

(f) "Permit to install" means a permit issued by the department authorizing the construction, installation, relocation, or alteration of any process, fuel-burning, refuseburning, or control equipment in accordance with approved plans and specifications.

(g) "Permit to operate" means a permit issued by the department authorizing the use of any process, fuel-burning, refuse-burning, or control equipment for the period indicated after it has been demonstrated that it can be operated in compliance with these rules. The requirement to obtain a permit to operate was removed from these rules effective July 26, 1995. Permits to operate issued before that date remain effective and legally enforceable unless they are voided pursuant to R 336.1201(6).

(h) "Person" means any of the following:

(i) An individual person.

(ii) Trustee.

(iii) Court-appointed representative.

(iv) Syndicate.

(v) Association.

(vi) Partnership.

(vii) Firm.

(viii) Club.

(ix) Company.

(x) Corporation.

(xi) Business trust.

(xii) Institution.

(xiii) Agency.

(xiv) Government corporation.

(xv) Municipal corporation.

(xvi) City.

(xvii) County.

(xviii) Municipality.

(xix) District.

(xx) Other political subdivision, department, bureau, agency, or instrumentality of federal, state, or local government.

(xxi) Other entity recognized by law as the subject of rights and duties.

(i) "Petroleum" means the crude oil removed from the earth and the oils derived from tar sands, shale, and coal gasification or liquefaction.

(j) "Petroleum refinery" means any facility engaged in producing gasoline, kerosene, distillate fuel oils, residual fuel oils, lubricants, or other products through distillation of petroleum or through redistillation, cracking, or the reforming of unfinished petroleum derivatives.

(k) "PM-10" means particulate matter that has an aerodynamic diameter less than or equal to a nominal 10 micrometers, as measured by a reference test specified in 40 CFR part 51, appendix M, adopted by reference in R 336.1902. PM-10 emissions must include gaseous emissions from a source or activity that condense to form particulate matter at ambient temperatures. The condensable particulate matter must be accounted for in applicability determinations and in establishing emissions limitations for PM-10.

(l) “PM 2.5” means particulate matter that has an aerodynamic diameter less than or equal to a nominal 2.5 micrometers, as measured by a reference test specified in 40 CFR part 51, appendix M, adopted by reference in R 336.1902. PM 2.5 emissions must include gaseous emissions from a source or activity that condense to form particulate matter at ambient temperatures. The condensable particulate matter must be accounted for in applicability determinations and in establishing emissions limitations for PM 2.5.

(m) "Potential emissions" means those emissions expected to occur without control equipment, unless this control equipment is, aside from air pollution control requirements, vital to production of the normal product of the source or to its normal operation. Annual potential emissions must be based on the maximum annual-rated capacity of the source, unless the source is subject to enforceable permit conditions or enforceable orders that limit the operating rate or the hours of operation, or both. Enforceable agreements or permit conditions on the type or amount of materials combusted or processed must be used in determining the potential emission rate of a source.

(n) "Potential to emit" means the maximum capacity of a stationary source to emit an air contaminant under its physical and operational design. Any physical or operational limit on the capacity of the stationary source to emit an air contaminant, including air pollution control equipment and restrictions on the hours of operation or the type or amount of material combusted, stored, or processed, must be treated as part of its design only if the limit, or the effect it would have on emissions, is legally enforceable. Secondary emissions do not count in determining the potential to emit of a stationary source. For hazardous air pollutants that have been listed pursuant to section 112(b) of the clean air act, 42 USC 7412, quantifiable fugitive emissions must be included in determining the potential to emit of any stationary source. For all other air contaminants, quantifiable fugitive emissions must be included in determining the potential to emit of a stationary source only if the stationary source belongs to 1 of the following categories:

(i) Coal cleaning plants that have thermal dryers.

(ii) Kraft pulp mills.

(iii) Portland cement plants.

(iv) Primary zinc smelters.

(v) Iron and steel mills.

(vi) Primary aluminum ore reduction plants.

(vii) Primary copper smelters.

(viii) Municipal incinerators capable of charging more than 50 tons of refuse per day.

(ix) Hydrofluoric, sulfuric, or nitric acid plants.

(x) Petroleum refineries.

(xi) Lime plants.

(xii) Phosphate rock processing plants.

(xiii) Coke oven batteries.

(xiv) Sulfur recovery plants.

(xv) Carbon black plants that have a furnace process.

(xvi) Primary lead smelters.

(xvii) Fuel conversion plants.

(xviii) Sintering plants.

(xix) Secondary metal production plants.

(xx) Chemical process plants. The term chemical process plant does not include ethanol production facilities that produce ethanol by natural fermentation included in North American industrial classification system codes 325193 or 312140.

(xxi) Fossil fuel boilers, or combination thereof, totaling more than 250,000,000 Btu per hour heat input.

(xxii) Petroleum storage and transfer units that have a total storage capacity of more than 300,000 barrels or petroleum storage vessels that have a capacity of more than 40,000 gallons.

(xxiii) Taconite ore processing plants.

(xxiv) Glass-fiber processing plants.

(xxv) Charcoal production plants.

(xxvi) Fossil fuel-fired steam electric plants of more than 250,000,000 Btu per hour heat input.

(xxvii) Asphalt concrete plants.

(xxviii) Secondary lead smelters and refineries.

(xxix) Sewage treatment plants.

(xxx) Phosphate fertilizer plants.

(xxxi) Ferroalloy production plants.

(xxxii) Grain elevators.

(xxxiii) Stationary gas turbines.

(xxxiv) Stationary sources that are subject to the Federal National Emission Standards for Hazardous Air Pollutants for the following materials:

(A) Asbestos.

(B) Beryllium.

(D) Vinyl chloride.

(o) "PPM" means parts per million, by volume.

(p) "Printed interior panel" means a panel that has its grain or natural surface obscured by fillers and basecoats and on which a simulated grain or decorative pattern is printed.

(q) "Process" means an action, operation, or a series of actions or operations at a source that emits or has the potential to emit an air contaminant. Examples of a process include any of the following:

(i) A physical change of a material.

(ii) A chemical change of a material.

(iii) The combustion of fuel, refuse, or waste material.

(iv) The storage of a material.

(v) The handling of a material.

(r) "Process equipment" means all equipment, devices, and auxiliary components, including air pollution control equipment, stacks, and other emission points, used in a process.

(s) "Process unit turnaround" means the scheduled shutdown of a refinery process unit for the purpose of inspection or maintenance of the unit.

(t) "Production equipment exhaust system" means a device for collecting and removing, from the immediate area, fugitive air contaminants from any process equipment.

(u) "Psia" means pounds per square inch absolute.

(v) "Publication rotogravure printing" means rotogravure printing on a substrate that is subsequently formed into any of the following:

(i) Book.

(ii) Magazine.

(iii) Catalogue.

(iv) Brochure.

(v) Directory.

(vi) Newspaper.

(vii) Supplement.

(viii) Other type of printed material.

(w) "Pushing operation," with respect to coke ovens, means the movement of the coke from a coke oven into the coke-receiving car.

(x) "Pushside," with respect to a coke oven, means that side of the coke oven that is adjacent to the pushing machine.

1995 AACS; 1996 AACS; 2003 AACS; 2012 AACS; 2016 AACS; 2025 AACS.

**History**
- *History: 1980 AACS; 1981 AACS; 1985 AACS; 1989 AACS; 1990 AACS; 1992 AACS; 1993 AACS;*

##### **Mich. Admin. Code R 336.1118** Definitions; R {#sec-r-336.1118 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1118}

Rule 118. As used in these rules:

(a) "Reactor" means a vessel which may be jacketed to permit temperature control and which is designed to contain materials during chemical reaction.

(b) "Reconstruction" means the replacement of components of an existing facility so that the fixed capital cost of the new components is more than 50% of the fixed capital cost that would be required to construct a comparable entirely new emission unit and so that it is technologically and economically feasible to meet the applicable requirement. "Fixed capital cost," as used in this subdivision, means the capital needed to provide all of the depreciable components.

(i) Yellow limit: the hue of hostaperm scarlet.

(ii) Blue limit: the hue of monastral red-violet.

(iii) Lightness limit for metallics: 35% aluminum flake.

(iv) Lightness limit for solids: 50% titanium dioxide white.

(v) Solid reds: hue angle of -11 to 38 degrees and maximum lightness of 23 to 45 units.

(vi) Metallic reds: hue angle of -16 to 35 degrees and maximum lightness of 28 to 45 units. These criteria are based on Cielab color space, 0/45 geometry. For spherical geometry, specular included, the upper limit is 49 units. The maximum lightness varies as the hue moves from violet to orange. This is a natural consequence of the strength of the colorants, and real colors show this effect.

(d) "Reference test method," with respect to source sampling, means a method or set of procedures, as described in appendix A to these rules, for obtaining source samples.

(e) "Refinery unit" means a set of components and other equipment that are a part of a basic process operation, such as distillation, hydrotreating, cracking, or reforming of hydrocarbons.

(f) "Reid vapor pressure" means the absolute vapor pressure of an organic compound at 100 degrees Fahrenheit as measured by the standard test method set forth in ASTM D323, adopted by reference in R 336.1902, or approved equivalent.

(g) "Repetitive production of a product" means production, for purposes other than clinical testing of pharmaceuticals, that meets the following criteria:

(i) Batch processes or process equipment producing 10 or more batches of product.

(ii) Continuous processes or process equipment running for a period of more than 10 times the length of time for the raw materials to become finished product or 24 hours, whichever is longer.

(h) "Research and development activities" means activities conducted for the primary purpose of developing new production processes and products, testing more efficient production processes, or testing methods for preventing or reducing adverse environmental impacts, if the activities are in compliance with both of the following provisions:

(i) The activities do not include the production of an intermediate or final product for sale or exchange for commercial profit, except in a de minimis manner.

(ii) The activities are conducted at a research or laboratory facility that is operated under the close supervision of technically trained personnel.

(i) "Resist coat" means a coating that is applied to a plastic part before metallic plating to prevent deposits of metal on portions of the plastic part.

(j) "Responsible official" means, for the purposes of signing and certifying the truth, accuracy, and completeness of permit applications, monitoring and other reports, and compliance certifications, any of the following:

(i) For a corporation, a president, secretary, treasurer, or vice-president of the corporation who is in charge of a principal business function or any other person who performs similar policy or decision-making functions for the corporation. The person identified in this paragraph may appoint another person as his or her authorized representative under either of the following circumstances:

(A) The representative is responsible for the overall operation of 1 or more manufacturing, production, or operating facilities applying for or subject to a permit and either the facilities employ more than 250 persons or have gross annual sales or expenditures of more than $25,000,000.00.

(B) The representative has responsibilities for the overall operation of a source and is approved in advance by the department. A responsible official shall submit a written request for approval from the department to designate an authorized representative pursuant to this paragraph. The department shall respond, in writing, within 30 days of receipt of the request.

(ii) For a partnership or sole proprietorship, a general partner or the proprietor.

(iii) For a county, city, village, township, state, federal, or other public agency, either a principal executive officer or ranking elected official. For this purpose, a principal executive officer includes the chief executive officer who has responsibility for the overall operations of a principal geographic unit of the agency.

(iv) For affected sources under title IV of the clean air act, the designated representative as defined in title IV.

(k) "Rotogravure printing" means the application of words, designs, pictures, or surface coating to a substrate by means of a roll printing technique that involves intaglio or recessed image areas in the form of cells.

2002 AACS; 2003 AACS; 2016 AACS.

**History**
- *History: 1980 AACS; 1981 AACS; 1989 AACS; 1992 AACS; 1995 AACS; 1996 AACS; 1997 AACS;*

##### **Mich. Admin. Code R 336.1119** Definitions; S {#sec-r-336.1119 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1119}

Rule 119. As used in these rules:

(a) "Schedule of compliance" means, for purposes of R 336.1201 to R 336.1218, all of the following:

(i) For a source not in compliance with all applicable requirements at the time of issuance of a renewable operating permit, a schedule of remedial measures, including an enforceable sequence of actions or operations that specifies milestones, leading to compliance with an applicable requirement, and a schedule for submission of certified progress reports, not less than every 6 months. The schedule must resemble, and be as stringent as, a schedule contained in a judicial consent decree or administrative order to which the source is subject.

A schedule must be supplemental to, and not sanction noncompliance with, the applicable requirement on which it is based.

(ii) For a source in compliance with all applicable requirements at the time of issuance of a renewable operating permit, a statement that the source will continue to comply with the requirements.

(iii) With respect to any applicable requirement that has a future effective compliance date that is after the date of issuance and before the date of expiration of the renewable operating permit, the schedule of compliance must contain a statement that the source will meet the requirement on a timely basis, unless the underlying applicable requirement requires a more detailed schedule.

(b) "Secondary emissions" means emissions that occur as a result of the construction or operation of a stationary source, but do not come from the stationary source itself.

Secondary emissions include only emissions that are specific, well-defined, quantifiable, and impact the same general area as the stationary source which causes the secondary emissions. Secondary emissions also include emissions from any off-site support facility that would not otherwise be constructed or increase its emissions except as a result of the construction or operation of the stationary source. Examples of secondary emissions include the following:

(i) Emissions from ships or trains coming to or going from a stationary source.

(ii) Emissions from any off-site support facility that would not otherwise be constructed or increase its emissions except as a result of the construction or operation of the stationary source.

(c) "Secondary risk screening level" means the concentration of a possible, probable, or known human carcinogen in ambient air that is calculated, for regulatory purposes, according to the risk assessment procedures in R 336.1229(1), to produce an estimated upper-bound lifetime cancer risk of 1 in 100,000.

(d) "Shutdown" means the cessation of operation of a source for any purpose.

(e) "Significant" means a rate of emissions for the following air contaminants that would equal or exceed any of the following:

(i) Carbon monoxide - 100 tons per year.

(ii) Oxides of nitrogen - 40 tons per year.

(iii) Sulfur dioxide - 40 tons per year.

(iv) Particulate matter - 25 tons per year.

(v) PM-10 - 15 tons per year.

(vi) PM 2.5 - 10 tons per year, 40 tons per year of sulfur dioxide, or 40 tons per year of oxides of nitrogen.

(vii) Volatile organic compounds - 40 tons per year.

(viii) Lead - 0.6 tons per year.

(ix) Fluorides - 3 tons per year.

(x) Sulfuric acid mist - 7 tons per year.

(xi) Hydrogen sulfide - 10 tons per year.

(xii) Total reduced sulfur, including hydrogen sulfide - 10 tons per year.

(xiii) Reduced sulfur compounds, including hydrogen sulfide - 10 tons per year.

(xiv) Municipal waste combustor organics, measured as total tetra- through octachlorinated dibenzo-p-dioxins and dibenzofurans - 3.2x10 -6 megagrams per year or 3.2x10 -6 tons per year.

(xv) Municipal waste combustor metals, measured as particulate matter – 14 megagrams per year or 15 tons per year.

(xvi) Municipal waste combustor acid gases, measured as sulfur dioxide and hydrogen chloride - 36 megagrams per year or 40 tons per year.

(xvii) Municipal solid waste landfill emissions, measured as nonmethane organic compounds - 45 megagrams per year or 50 tons per year.

(f) "Smoke" means small gas and airborne particles consisting essentially of carbonaceous material in sufficient numbers to be observable.

(g) "Sour condensate" means a condensate that emits sour gas at atmospheric pressure.

(h) "Sour crude" means a crude oil that emits sour gas at atmospheric pressure.

(i) "Sour gas" means any gas containing more than 1 grain of hydrogen sulfide or more than 10 grains of total sulfur per 100 standard cubic feet.

(j) "Source sample" means any raw material, fuel, product, by-product, waste material, exhaust gas, air contaminant, flora, soil, or other material existing as a gas, liquid, or solid, which is captured, retained, or collected from a stationary source.

(k) Reserved.

(l) "Stack" or "chimney" means a flue, conduit, or duct arranged to conduct a gas stream to the outer air.

(m) "Standard conditions" means a gas temperature of 70 degrees Fahrenheit and a gas pressure of 29.92 inches of mercury absolute.

(n) "Standpipe assembly," with respect to coke ovens, means the riser, standpipe lid, and the gooseneck.

(o) "Standpipe assembly emission point," with respect to a coke oven battery equipped with a single collector main or a double collector main, means the flexible connection between the battery top and the base of the riser, the seating surface of the standpipe lid, and the second flexible connection wherever located, or another agreed upon connection that is located between the collector main and the gooseneck. With respect to a battery equipped with a charging main and a gas-offtake main in tandem, standpipe assembly emission point means the upper flange, the lower flange, the top lid, the bottom lid, the upper sand seal, the middle sand seal, and the lower base sand seal. With respect to a battery equipped with a jumper pipe ministandpipe, standpipe assembly emission point means the flexible connection between the battery top and the base of the riser, the seating surface of the standpipe lid, the flexible connection between the collector main and the gooseneck, the ministandpipe lid, and the flexible connection between the battery top and the jumper pipe ministandpipe.

(p) "Start-up" means the setting in operation of a process or process equipment for any purpose.

(q) “State-only enforceable” means that the limitation or condition is derived solely from the act and the air pollution control rules and is not federally enforceable. State-only enforceable requirements include R 336.1224, R 336.1225, R 336.1901, any permit requirement established solely pursuant to R 366.1201(1)(b), or another regulation that is enforceable solely under the act and is not federally enforceable.

(r) "Stationary source" means all buildings, structures, facilities, or installations that emit or have the potential to emit 1 or more air contaminants, are located at 1 or more contiguous or adjacent properties, are under the control of the same person, and have the same 2-digit major group code associated with their primary activity. In addition, a stationary source includes buildings, structures, facilities, or installations that emit or have the potential to emit 1 or more air contaminants, are located at 1 or more contiguous or adjacent properties, are under the control of the same person, and have a different 2-digit major group code, but support the primary activity. Buildings, structures, facilities, or installations are considered to support the primary activity if 50% or more of their output is dedicated to the primary activity. Major group codes and primary activities are described in the standard industrial classification manual. Notwithstanding the provisions of this subdivision, research and development activities, as described in R 336.1118, may be treated as a separate stationary source, unless the research and development activities support the primary activity of the stationary source.

(s) "Stationary vessel" means any tank, reservoir, or container used for the storage of any volatile organic compound that is not used to transport volatile organic compounds and no manufacturing process or part thereof takes place.

(t) "Stencil coat" means a coating that is applied over a stencil to a plastic part at a thickness of 1 mil or less of coating solids. Stencil coats are most frequently letters, numbers, or decorative designs.

(u) "Styrene devolatilizer unit" means equipment performing the function of separating unreacted styrene monomer and other volatile components from polystyrene in a vacuum devolatilizer.

(v) "Styrene recovery unit" means equipment performing the function of separating styrene monomer from other less volatile components of the styrene devolatilizer unit's output. The separated styrene monomer may be reused as raw material in the manufacturing of polystyrene resin.

(w) "Submerged fill pipe" means any fill pipe that has its discharge opening entirely submerged when the liquid level is 6 inches above the bottom of the vessel or, when applied to a vessel that is loaded from the side, means either of the following:

(i) Any fill pipe that has its discharge opening entirely submerged when the liquid level is 18 inches above the bottom of the vessel.

(ii) Any fill pipe that has its discharge opening entirely submerged when the liquid level is twice the diameter of the fill pipe above the bottom of the vessel, but the top of the submerged fill pipe must not be more than 36 inches above the bottom of the vessel.

(x) "Sufficient evidence," a term of art, means either of the following:

(i) In human epidemiological studies, that the data indicates that there is a causal relationship between the agent and human cancer.

(ii) In animal studies, the data suggests that there is an increased incidence of malignant tumors or combined malignant and benign tumors in any of the following:

(A) Multiple species or strains.

(B) Multiple experiments.

(C) To an unusual degree in a single experiment with regard to high incidence, unusual site or type of tumor, or early age at onset.

(y) "Sulfuric acid plant" means any facility producing sulfuric acid by the contact process by burning elemental sulfur, alkylation acid, hydrogen sulfide, or acid sludge, but does not include facilities where conversion to sulfuric acid is utilized primarily as a means of preventing emissions to the atmosphere of sulfur dioxide or other sulfur compounds.

(z) "Surface coating" means any paint, lacquer, varnish, ink, adhesive, or other coating material applied on a surface.

(aa) "Sweet condensate" means any condensate that is not a sour condensate.

(bb) "Sweet crude" means any crude oil that is not a sour crude.

(cc) "Sweetening facility" means a facility or process that removes hydrogen sulfide or sulfur-containing compounds, or both, from a sour gas, sour crude oil, or sour condensate stream and converts it to sweet gas, sweet crude, or sweet condensate. The term sweetening facility does not include a facility or process that operates in an enclosed system and does not emit hydrogen sulfide to the outer air.

(dd) "Sweet gas" means any gas that is not a sour gas.

(ee) “Synthetic natural gas” means any manufactured fuel gas of approximately the same composition and heating value as that obtained naturally from geological formations beneath the Earth’s surface.

(ff) "Synthetic organic chemical and polymer manufacturing plant" means a stationary source where the production, as intermediates or final products, of 1 or more of the following chemicals takes place:

(i) Methyl tert-butyl ether.

(ii) Polyethylene.

(iii) Polypropylene.

(iv) Polystyrene.

(v) Synthetic organic chemicals listed in "Standards of Performance for Equipment Leaks of VOC in the Synthetic Organic Chemicals Manufacturing Industry," 40 CFR part 60, subpart VV, adopted by reference in R 336.1902.

(gg) "Synthetic organic chemical and polymer manufacturing process unit" means all process equipment assembled to manufacture, as intermediates or final products, 1 or more of the chemicals listed in the definition of synthetic organic chemical and polymer manufacturing plant. A synthetic organic chemical and polymer manufacturing process unit can operate independently if supplied with sufficient feed or raw materials and sufficient storage facilities for the product.

1995 AACS; 1996 AACS; 2003 AACS; 2012 AACS; 2016 AACS; 2025 AACS.

**History**
- *History: 1980 AACS; 1981 AACS; 1985 AACS; 1989 AACS; 1990 AACS; 1992 AACS; 1993 AACS;*

##### **Mich. Admin. Code R 336.1120** Definitions; T {#sec-r-336.1120 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1120}

Rule 120. As used in these rules:

(a) "Temporary source" means a stationary source, process, or process equipment that commences operation and is located at a geographic site for not more than 12 consecutive months.

(b) "Texture coat" means a coating that is applied to a plastic part which, in its finished form, consists of discrete raised spots of the coating.

(c) "Thin particleboard" means a manufactured board that is 1/4 of an inch or less in thickness and is made of individual wood particles that have been coated with a binder and formed into flat sheets by pressure.

(d) "Thinning tank," as it pertains to R 336.1631, means any vessel that receives resin from a reactor and to which solvents or other materials are added to thin the resin.

(e) "Tileboard" means paneling that has a colored, waterproof surface coating.

(f) "Toxic air contaminant" means any air contaminant for which there is no national ambient air quality standard and is or may become harmful to public health or the environment when present in the outdoor atmosphere in sufficient quantities and duration.

For the purpose of this definition, the following substances are not considered toxic air contaminants:

(i) Acetylene.

(ii) Animal or plant materials, including extracts and concentrates thereof, used as ingredients in food products or dietary supplements in accordance with applicable regulations of the United States Food and Drug Administration.

(iii) Argon.

(iv) Calcium carbonate.

(v) Calcium hydroxide.

(vi) Calcium oxide.

(vii) Calcium silicate.

(viii) Calcium sulfate.

(ix) Carbon dioxide.

(x) Carbon monoxide.

(xi) Cellulose.

(xii) Crystalline silica emissions from any of the following processes:

(A) Extraction and processing of all metallic or non-metallic minerals.

(B) Sand production, processing, and drying.

(D) Concrete production.

(E) Glass and fiberglass manufacturing.

(F) Foundries.

(G) Foundry residual recovery activities.

(xiii) Dipropylene glycol (xiv) Emery (corundite).

(xv) Ethane.

(xivi) Graphite (synthetic).

(xvii) Grain dust.

(xvii) Helium.

(xix) Hydrogen.

(xx) Iron oxide.

(xxi) Lead.

(xxii) Liquefied petroleum gas (l.p.g.).

(xxiii) Methane.

(xxiv) Neon.

(xxv) Nitrogen.

(xxvi) Nitrogen oxides.

(xxvii) Oxygen.

(xxviii) Ozone.

(xxix) Perlite.

(xxx) Portland cement.

(xxxi) Propane.

(xxxii) Propylene glycol.

(xxxiii) Silicon.

(xxxiv) Starch.

(xxxv) Sucrose.

(xxxvi) Sulfur dioxide.

(xxxvii) Vegetable oil mist.

(xxxviii) Water vapor.

(xxxix) Zinc metal dust.

(g) "Toxicological interaction" means the simultaneous exposure to 2 or more hazardous substances that together produce a toxicological response that is greater or less than what their individual responses would be.

(h) "Transfer efficiency" means the percentage of coating solids material that leaves the coating applicator and remains on the surface of the product.

(i) "True vapor pressure" means the equilibrium partial pressure exerted by a liquid or the sum of partial pressures exerted by a mixture of liquids. For refined petroleum stock, such as gasolines and naphthas, and crude oil, the true vapor pressure may be determined in accordance with methods described in American petroleum institute MPMS C19 S2, "Manual of Petroleum Measurement Standards, Chapter 19, Evaporative Loss Measurements, Section 2, Evaporative Loss from Floating-roof Tanks," adopted by reference in R 336.1902.

2002 AACS; 2016 AACS; 2025 AACS.

**History**
- *History: 1980 AACS; 1981 AACS; 1989 AACS; 1992 AACS; 1995 AACS; 1996 AACS;1999 AACS;*

##### **Mich. Admin. Code R 336.1121** Definitions; U {#sec-r-336.1121 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1121}

Rule 121. As used in these rules:

(a) "Uncontrolled emissions" means those emissions expected to occur without control equipment, unless such control equipment is, aside from air pollution control requirements, vital to production of the normal product of the process or to its normal operation. Annual uncontrolled emissions shall be based upon the maximum annually rated capacity of the process or process equipment, unless the process or process equipment is subject to legally enforceable permit conditions or orders which limit the operating rate or the hours of operation, or both. Legally enforceable permit conditions or orders on the type or amount of materials combusted or processed shall be used in determining the uncontrolled emissions rate of a process or process equipment.

(b) "Unsafe-to-monitor component" means a component which, if monitored, would expose monitoring personnel to immediate danger. This definition includes, during the period of November 1 through March 31, a component which is located outside a building and which can only be monitored by elevating the monitoring personnel more than 6 feet above ground level.

(c) “Used oil” means any oil that has been refined from crude oil, or any synthetic oil, that has been used and that, as a result of the use, is contaminated by physical or chemical impurities.

**History**
- *History: 1981 AACS; 1989 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 336.1122** Definitions; V {#sec-r-336.1122 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1122}

Rule 122. As used in these rules:

(a) "Vacuum-metalizing coatings" means topcoats and basecoats that are used in the vacuum-metalizing process.

(b) "Vacuum-producing system" means any device that creates a pressure below atmospheric, such as a pump or steam ejector with condenser, including hot wells and accumulators.

(c) "Vapor collection system," as it pertains to R 336.1627, means all piping, seals, hoses, connections, pressure-vacuum vents, and equipment between and including the delivery vessel and a stationary vessel, vapor processing unit, or vapor holder.

(d) [Reserved]

(e) "Visible emission" means any emissions that are visually detectable without the aid of instruments.

(f) "Volatile organic compound" means any compound of carbon or mixture of compounds of carbon that participates in photochemical reactions, excluding the following materials, all of which have been determined by the United States Environmental Protection Agency to have negligible photochemical reactivity:

(i) Carbon monoxide (CAS No. 630-08-0).

(ii) Carbon dioxide (CAS No. 124-38-9).

(iii) Carbonic acid (CAS No. 463-79-6).

(iv) Metallic carbides or carbonates (CAS No. not applicable).

(v) Boron carbide (CAS No. 12069-32-8 or 60063-34-5).

(vi) Silicon carbide (CAS No. 409-21-2 or 12327-32-1).

(vii) Ammonium carbonate (CAS No. 10361-29-2 or 506-87-6).

(viii) Ammonium bicarbonate (CAS No. 1066-33-7).

(ix) Methane (CAS No. 74-82-8).

(x) Ethane (CAS No. 74-84-0).

(xi) The methyl chloroform (CAS No. 71-55-6) portion of commercial grades of methyl chloroform, if all of the following provisions are complied with:

(A) The commercial grade of methyl chloroform is used only in a surface coating or coating line that is subject to the requirements part 6 or 7 of these rules.

(B) The commercial grade of methyl chloroform contains no stabilizers other than those listed in table 11.

(C) Compliance with the applicable limits specified in parts 6 or 7 of these rules is otherwise not technically or economically reasonable.

(D) All measures to reduce the levels of all organic solvents, including the commercial grade of methyl chloroform, from the surface coating or coating line to the lowest reasonable level, are implemented.

(E) The emissions of the commercial grade of methyl chloroform do not result in a maximum ambient air concentration exceeding any of the allowable ambient air concentrations listed in table 11.

(F) The use of the commercial grade of methyl chloroform is specifically identified and allowed by a permit to install, permit to operate, or order of the department.

(G) Table 11 reads as follows:

TABLE 11.

Commercial Grade of Methyl Chloroform -- Allowable Ambient Air Concentrations Compound Ppm Time Methyl chloroform3.51 hour Tertiary butyl alcohol 1.01 hour Secondary butyl alcohol 1.01 hour Methylal 10.01 hour 1,2-butylene oxide 0.028 and 1 hour 0.00041annual Parts per million, by volume Averaging time period This compound is a stabilizer (xii) The methyl chloroform (CAS No. 71-55-6) portion of commercial grades of methyl chloroform that contain another stabilizer not listed in table 11 of this rule, if all of the following provisions are complied with:

(A) The commercial grade of methyl chloroform is used only in a surface coating or coating line that is subject to the requirements of parts 6 or 7 of these rules.

(B) Compliance with the applicable limits specified in parts 6 or 7 of these rules is otherwise not technically or economically reasonable.

(C) All measures to reduce the levels of all organic solvents, including the commercial grade of methyl chloroform, from the surface coating or coating line to the lowest reasonable level are implemented.

(D) The emissions of any compound in the commercial grade of methyl chloroform that is listed in table 11 of this rule do not result in a maximum ambient air concentration exceeding any of the allowable ambient air concentrations listed in table 11.

(E) The emission of all compounds in the commercial grade of methyl chloroform that are not listed in table 11 is demonstrated to comply with R 336.1901.

(F) The use of the commercial grade of methyl chloroform is specifically identified and allowed by a permit to install, permit to operate, or order of the department.

(xiii) Acetone (CAS No. 67-64-1).

(xiv) Cyclic, branched, or linear completely methylated siloxanes (CAS Nos. include 107-45-0, 107-51-7, 141-62-8, 141-63-9, 107-63-9, 63148-62-9, 541-05-9, 556-67-2, 541- 02-6, 540-97-6, 69430-24-6, 17928-28-8, 3555-47-3).

(xv) Parachlorobenzotrifluoride (CAS No. 98-56-6).

(xvi) Perchloroethylene (CAS No. 127-18-4).

(xvii) Trichlorofluoromethane (CFC-11) (CAS No. 75-69-4).

(xviii) Dichlorodifluoromethane (CFC-12) (CAS No. 75-71-8).

(xix) 1,1,2-trichloro-1,2,2-trifluoroethane (CFC-113) (CAS No. 76-13-1).

(xx) 1,2-dichloro 1,1,2,2-tetrafluoroethane (CFC-114) (CAS No. 76-14-2).

(xxi) Chloropentafluoroethane (CFC-115) (CAS No. 76-15-3).

(xxii) 1,1-dichloro 1-fluoroethane (HCFC-141b) (CAS No. 1717-00-6).

(xxiii) 1,chloro 1,1-difluoroethane (HCFC-142b) (CAS No. 75-68-3).

(xxiv) Chlorodifluoromethane (HCFC-22) (CAS No. 75-45-6).

(xxv) 1,1,1-trifluoro 2,2-dichloroethane (HCFC-123) (CAS No. 306-83-2).

(xxvi) 2-chloro-1,1,1,2-tetrafluoroethane (HCFC-124) (CAS No. 2837-89-0).

(xxvii) Trifluoromethane (HFC-23) (CAS No. 75-46-7).

(xxviii) Pentafluoroethane (HFC-125) (CAS No. 354-33-6).

(xxix) 1,1,2,2-tetrafluoroethane (HFC-134) (CAS No. 359-35-3).

(xxx) 1,1,1,2-tetrafluoroethane (HFC-134a) (CAS No. 811-97-2).

(xxxi) 1,1,1-trifluoroethane (HFC-143a) (CAS No. 420-46-2).

(xxxii) 1,1-difluoroethane (HFC-152a) (CAS No. 75-37-6).

(xxxiii) 3,3-dichloro-1, 1,1,2,2-pentafluoropropane (HCFC-225ca) (CAS No. 422-56-0).

(xxxiv) 1,3-dichloro-1,1,2,2,3-pentafluoropropane (HCFC-225cb) (CAS No. 507-55-1).

(xxxv) 1,1,1,2,3,4,4,5,5,5-decafluoropentane (HFC 43-10mee) (CAS No. 138495-42-8).

(xxxvi) Difluoromethane (HFC-32) (CAS No. 75-10-5).

(xxxvii) Ethyl fluoride (HFC-161) (CAS No. 353-36-6).

(xxxviii) 1,1,1,3,3,3-hexafluoropropane (HFC-236fa) (CAS No. 690-39-1).

(xxxix) 1,1,2,2,3-pentafluoropropane (HFC-245ca) (CAS No. 679-86-7).

(xl) 1,1,2,3,3- pentafluoropropane ( HFC-245ea) (CAS No. 24270-66-4).

(xli) 1,1,1,2,3- pentafluoropropane (HFC-245eb) (CAS No. 431-31-2).

(xlii) 1,1,1,3,3- pentafluoropropane (HFC-245fa) (CAS No. 460-73-1).

(xliii) 1,1,1,2,3,3-hexafluoropropane (HFC-236ea) (CAS No. 431-63-0).

(xliv) 1,1,1,3,3-pentafluorobutane (HFC365mfc) (CAS No. 406-58-6).

(xlv) Chlorofluoromethane (HCFC-31) (CAS No. 593-70-4).

(xlvi) 1,2-dichloro-1,1,2-trifluoroethane (HCFC-123a) (CAS No. 354-23-4).

(xlvii) 1-chlor-1-fluoroethane (HCFC-151a) (CAS No. 1615-75-4).

(xlviii) 1,1,1,2,2,3,3,4,4-nonafluoro-4-methoxy-butane (C F OCH or HFE-7100)

(CAS No. 163702-07-6).

(xlix) 2-(difluoromethoxymethyl)-1,1,1,2,3,3,3-heptafluoropropane (CAS No. 163702- 08-7).

(l) 1-ethoxy-1,1,2,2,3,3,4,4,4-nonafluorobutane (C F OC H or HFE-7200)

(CAS No. 163702-05-4).

(li) 2-(ethoxydifluoromethyl)-1,1,1,2,3,3,3-heptafluoropropane (CAS No. 163702-06- 5).

(lii) Methyl acetate (CAS No. 79-20-9).

(liii) Perfluorocarbon compounds that fall into the following classes:

(A) Cyclic, branched, or linear, completely fluorinated alkanes.

(B) Cyclic, branched, or linear, completely fluorinated ethers with no unsaturations.

(D) Sulfur-containing perfluorocarbons with no unsaturations and with sulfur bonds only to carbon and fluorine.

(liv) Methylene chloride (CAS No. 75-09-2).

(lv) 1,1,1,2,2,3,3-heptafluoro-3-methoxy-propane (n-C F OCH , HFE-7000)

(CAS No. 375-03-1).

(lvi) 3-ethoxy-1,1,1,2,3,4,4,5,5,6,6,6-dodecafluoro-2-(trifluoromethyl) hexane (HFE 7500) (CAS No. 297730-93-9).

(lvii) 1,1,1,2,3,3,3-heptafluoropropane (HFC 227ea) (CAS No. 431-89-0).

(lviii) Methyl formate (HCOOCH3) (CAS No. 107-31-3).

(lix) T-butyl acetate (CAS No. 540-88-5).

(lx) 1,1,1,2,2,3,4,5,5,5-decafluoro-3-methoxy-4-trifluoromethyl-pentane (HFE-7300)

(CAS No. 132182-92-4).

(lxi) Dimethyl carbonate (CAS No. 616-38-6).

(lxii) Propylene carbonate (CAS No. 108-32-7).

(lxiii) 2,3,3,3-tetrafluoropropene (HFO–1234yf) (CAS No. 754-12-1).

(lxiv) Trans-1,3,3,3-tetrafluoropropene (HFO–1234ze) (CAS No. 29118-24-9).

(lxv) HCF2OCF2H (HFE-134) (CAS No. 1691-17-4).

(lxvi) HCF2OCF2OCF2H (HFE-236cal2) (CAS No. 78522-47-1).

(lxvii) HCF2OCF2CF2OCF2H (HFE-338pcc13) (CAS No. 188690-78-0).

(lxviii) HCF2OCF2OCF2CF2OCF2H (H-Galden 1040X or H-Galden ZT 130 (or 150 or 180)) (CAS No. 188690-77-9).

(lxix) Trans 1-chloro-3,3,3-trifluoroprop-1-ene (Solstice TM 1233zd(E))

(CAS No. 102687-65-0).

(lxx) 2-amino-2-methyl-1-propanol (AMP) (CAS No. 124-68-5).

(lxxi) 1,1,2,2-Tetrafluoro-1,-(2,2,2-trifluoroethoxy) ethane (HFE-347pcf2) (CAS No. 406-78-0).

(lxxii) cis-1,1,1,4,4,4-hexafluorobut-2-ene (HFO-1336mzz-Z) (CAS No. 692-49-9).

(lxxiii) trans-1,1,1,4,4,4-hexafluorobut-2-ene (HFO-1336mzz(E)) (CAS No. 66711-86- 2).

The methods described in R 336.2004 and R 336.2040 must be used for measuring volatile organic compounds for purposes of determining compliance with emission limits. Where a method also measures compounds with negligible photochemical reactivity, these negligibly-photochemical reactive compounds may be excluded as volatile organic compounds if the amount of the compounds is accurately quantified and the exclusion is approved by the department.

**History**
- *History: 1980 AACS; 1985 AACS; 1988 AACS; 1989 AACS; 1993 AACS; 1997 AACS; 1998-2000 AACS; 2003 AACS; 2008 AACS; 2012 AACS; 2016 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 336.1123** Definitions; W {#sec-r-336.1123 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1123}

Rule 123. As used in these rules:

(a) "Waxy, heavy pour crude oil" means any of the following:

(i) A crude oil with a pour point of 30 degrees Fahrenheit or higher as determined by the standard test method set forth in ASTM-D97, entitled "Test Method for Pour Point of Petroleum Oils,"adopted by reference in R 336.1902.

(ii) A crude oil containing more than 2.5% N-paraffin content (C-17 to C-40).

(iii) A crude oil with a viscosity of more than 500 seconds universal sayboldt (SUS) at 20 degrees Fahrenheit.

(b) "Wayne county permit" means a permit or a certificate of operation issued pursuant to the Wayne county air pollution control ordinance adopted pursuant to the home rule charter for Wayne county, resolution no. 85-305, as amended by resolution no. 89-213.

(c) "Weight of evidence," a term of art, means a description of the likelihood that a chemical is a human carcinogen based on evaluation of tumor data from human or animal studies and examination of relevant supporting information, including any of the following information:

(i) Structure-activity relationships.

(ii) Short-term test findings.

(iii) Results of appropriate physiological, biological, and toxicological observations.

(iv) Comparative metabolism and pharmacokinetic studies.

**History**
- *History: 1981 AACS; 1992 AACS; 1995 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 336.1127** Terms defined in the act {#sec-r-336.1127 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1127}

Rule 127. Terms defined in the act have the same meaning when used in these rules.

**History**
- *History: 1980 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 336.1128** Rescission {#sec-r-336.1128 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1128}

Rule 128. R 336.11 to R 336.79, R 336.101 to R 336.116, and R 336.141 to R 336.147 of the Michigan Administrative Code, appearing on pages 4191 to 4200 of the 1967 Annual Supplement to the Code, pages 6147 to 6149 of the 1972 Annual Supplement to the Code, pages 6654 to 6657 and 6660 to 6662 of the 1973 Annual Supplement to the Code, pages 7249 to 7252 of the 1974 Annual Supplement to the Code, pages 7924 and 7925 of the 1975 Annual Supplement to the Code, and pages 76 to 79 of Quarterly Supplement No. 94 to the Code, are rescinded.

**History**
- *History: 1980 AACS.*

### **R 336.1201 to R 336.1299** Part 2. Air Use Approval

##### **Mich. Admin. Code R 336.1201** Permits to install {#sec-r-336.1201 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1201}

DEPARTMENT OF ENVIRONMENTAL QUALITY

AIR QUALITY DIVISION

AIR POLLUTION CONTROL

((By authority conferred on the director of environmental quality by sections 5503 and 5512 of 1994 PA 451, MCL 324.5503 and 324.5512.

PART 2. AIR USE APPROVAL

Rule 201. (1) Except as allowed in R 336.1202, R 336.1277 to R 336.1291, or R 336.2823(15) a person shall not install, construct, reconstruct, relocate, or modify any process or process equipment, including control equipment pertaining thereto, which may emit any of the following, unless a permit to install that authorizes such action is issued by the department.

(a) Any air pollutant regulated by title I of the clean air act and its associated rules, including 40 C.F.R. §51.165 and §51.166, adopted by reference in R 336.1902.

(b) Any air contaminant.

A person who plans to install, construct, reconstruct, relocate, or modify any such process or process equipment shall apply to the department for a permit to install on an application form approved by the department and shall provide the information required in R 336.1203.

(2) The department may issue a permit to install for any of the following reasons:

(a) To authorize a person to install, construct, reconstruct, relocate, or modify a process or process equipment pursuant to subrule (1)(a) of this rule.

(b) To establish limits on potential to emit. The limits shall comply with the provisions of R 336.1205(1)(a).

(c) To consolidate terms and conditions from existing permits to install within a renewable operating permit pursuant to R 336.1214a.

(d) To authorize a person to install, construct, reconstruct, relocate, or modify process or process equipment solely pursuant to subrule (1)(b) of this rule or to consolidate state-only enforceable conditions within a renewable operating permit when the renewable operating permit is issued pursuant to R 336.1214a. This permit may establish terms and conditions that are legally enforceable solely pursuant to R 336.1224 to R 336.1233, R 336.1901, or other regulations that are not federally enforceable. Each condition in a permit issued pursuant to this subrule shall be identified as state-only enforceable.

(3) A permit to install may be approved subject to any condition, specified in writing, that is reasonably necessary to assure compliance with all applicable requirements.

(4) If a person decides not to install, construct, reconstruct, relocate, or modify the process or process equipment as authorized by a permit to install, then the person, or the authorized agent pursuant to R 336.1204, shall notify the department, in writing, and upon receipt of the notification by the department, the permit to install shall become void. If the installation, reconstruction, or relocation of the equipment, for which a permit has been issued, has not commenced within, or has been interrupted for, 18 months, then the permit to install shall become void, unless either of the following occurs:

(a) The permit to install specifies a termination date of more than 18 months.

(b) The permit to install is the subject of a formal appeal by a party other than the owner or operator of the process or process equipment that is the subject of the permit, in which case the date of termination is not later than 18 months after the effective date of the permit plus the number of days between the date on which the permit was appealed and the date on which all appeals concerning the permit have been resolved.

(5) Upon issuance of a permit to install, the emissions from the process or process equipment allowed by the permit to install shall be included in the potential to emit of the stationary source. Upon the physical removal of the process or process equipment, or upon a determination by the department that the process or process equipment has been permanently shut down, the permit to install shall become void and the emissions allowed by the permit to install shall no longer be included in the potential to emit of the stationary source.

(6) Except as provided in subrule (8) of this rule and R 336.1216, operation of the process or process equipment is allowed by the permit to install. The department may void a permit to install upon any of the following actions:

(a) A new permit to install authorizing the action is approved by the department in accordance with subrule (2)(a), (b), or (d) of this rule, and the new permit to install renders all portions of the old permit obsolete.

(b) All terms and conditions of the permit to install are incorporated into a renewable operating permit, in accordance with the provisions of R 336.1212(5) and R 336.1213, and a source-wide permit to install is issued pursuant to R 336.1214a.

(c) All of the emission units, processes, or process equipment covered by the permit to install are physically removed from the stationary source or the department makes a determination that the emission units, processes, or process equipment covered by the permit to install have been permanently shut down.

(7) The department may require either or both of the following notification requirements as a condition of a permit to install:

(a) Not more than 30 days after completion of the installation, construction, reconstruction, relocation, or modification authorized by the permit to install, unless a different period is specified in the permit, the person to whom the permit to install was issued, or the authorized agent pursuant to R 336.1204, shall notify the department, in writing, of the completion of the activity. Completion of the installation, construction, reconstruction, relocation, or modification is considered to occur not later than commencement of trial operation of the process or process equipment.

(b) Within 12 months after completion of the installation, construction, reconstruction, relocation, or modification authorized by the permit to install, or 18 months after the effective date of this rule, whichever is later, unless a different period is specified in the permit to install, the person to whom the permit to install was issued, or the authorized agent pursuant to R 336.1204, shall notify the department, in writing, of the status of compliance of the process or process equipment with the terms and conditions of the permit to install. The notification shall include all of the following:

(i) The results of all testing, monitoring, and recordkeeping performed by the stationary source to determine the actual emissions from the process or process equipment and to demonstrate compliance with the terms and conditions of the permit to install.

(ii) A schedule of compliance for the process or process equipment.

(iii) A statement, signed by the owner or operator, that, based on information and belief formed after reasonable inquiry, the statements and information in the notification are true, accurate, and complete.

(8) If evidence indicates that the process or process equipment is not performing in accordance with the terms and conditions of the permit to install, the department, after notice and opportunity for a hearing, may revoke the permit to install consistent with section 5510 of the act. Upon revocation of the permit to install, operation of the process or process equipment shall be terminated. Revocation of a permit to install is without prejudice and a person may file a new application for a permit to install that addresses the reasons for the revocation.

**History**
- *History: 1980 AACS; 1992 AACS; 1995 AACS; 1996 AACS; 2003 AACS; 2008 AACS; 2013 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 336.1201a** General permits to install {#sec-r-336.1201a omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1201a}

Rule 201a. (1) The department may, after notice and opportunity for public participation pursuant to section 5511(3) of the act, issue a general permit to install covering numerous similar stationary sources or emission units. A general permit to install shall include terms and conditions which are necessary to assure that the stationary source or emission unit will comply with all applicable requirements and shall be consistent with the permit content requirements of R 336.1205(1)(a). The general permit to install shall also identify criteria by which a stationary source or emission unit may qualify for the general permit to install.

The department shall grant the terms and conditions of the general permit to install to stationary sources or emission units that qualify within 30 days of receipt by the department of a complete application. An applicant shall be subject to enforcement action if the department later determines that the stationary source or emission unit does not qualify for the general permit to install.

(2) An owner or operator of a stationary source or emission unit that would qualify for a general permit to install issued by the department pursuant to subrule (1) of this rule shall either apply for coverage under the terms of the general permit to install or apply for a permit to install consistent with R 336.1201. The department may require the use of application forms designed for use with a specific general permit to install issued by the department. The application forms shall include all information necessary to determine qualification for, and to assure compliance with, the general permit to install. Without repeating the public participation process pursuant to subrule (1) of this rule, the department may grant a request by a person for authorization to install and operate a stationary source or emission unit pursuant to a general permit to install.

(3) The department shall maintain, and make available to the public upon request, a list of the persons that have been authorized to install and operate a stationary source or emission unit pursuant to each general permit to install issued by the department.

**History**
- *History: 1996 AACS; 2003 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 336.1202** Waivers of approval {#sec-r-336.1202 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1202}

Rule 202. (1) If the requirement for approval of a permit to install before construction will create an undue hardship to the applicant, the applicant may request a waiver to proceed with construction from the department. The application for a waiver shall be in writing, shall explain the circumstances that will cause the undue hardship, and shall be signed by the owner or his or her authorized agent. The application shall be acted upon by the department within 30 days. If a waiver is granted, the applicant shall submit pertinent plans and specifications for approval as soon as is reasonably practical. The applicant, after a waiver is granted, shall proceed with the construction at his or her own risk; however, operation of the equipment shall not be authorized until the application for a permit to install has been approved by the department. After construction, modification, relocation, or installation has begun or been completed, if the plans, specifications, and completed installations do not meet department approval, then the application for a permit to install shall be denied, unless the alterations required to effect approval are made within a reasonable time as specified by the department.

(2) The provisions of subrule (1) of this rule do not apply to any of the following:

(a) Any activity that is subject to R 336.2802, prevention of significant deterioration regulations, or R 336.2902, nonattainment new source review regulations. For the purpose of this subrule, "activity" means the concurrent and related installation, construction, reconstruction, relocation, or modification of any process or process equipment.

(b) Construction or reconstruction of a major source of hazardous air pollutants subject to 40 C.F.R. part 63, national emission standards for hazardous air pollutants for source categories, adopted by reference in R 336.1902.

(c) Construction or modification subject to 40 C.F.R. part 61, national emission standards for hazardous air pollutants, adopted by reference in R 336.1902.

**History**
- *History: 1980 AACS; 2003 AACS; 2008 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 336.1203** Information required {#sec-r-336.1203 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1203}

Rule 203. (1) An application for a permit to install shall include information required by the department on the application form or by written notice. This information may include, as necessary, any of the following:

(a) A complete description, in appropriate detail, of each emission unit or process covered by the application. The description shall include the size and type along with the make and model, if known, of the proposed process equipment, including any air pollution control equipment. The description shall also specify the proposed operating schedule of the equipment, provide details of the type and feed rate of material used in the process, and provide the capture and removal efficiency of any air pollution control devices.

Applications for complex or multiple processes shall also include a block diagram showing the flow of materials and intermediate and final products.

(b) A description of any federal, state, or local air pollution control regulations which the applicant believes are applicable to the proposed process equipment, including a proposed method of complying with the regulations.

(c) A description in appropriate detail of the nature, concentration, particle size, pressure, temperature, and the uncontrolled and controlled quantity of all air contaminants that are reasonably anticipated due to the operation of the proposed process equipment.

(d) A description of how the air contaminant emissions from the proposed process equipment will be controlled or otherwise minimized.

(e) A description of each stack or vent related to the proposed process equipment, including the minimum anticipated height above ground, maximum anticipated internal dimensions, discharge orientation, exhaust volume flow rate, exhaust gas temperature, and rain protection device, if any.

(f) Scale drawings showing a plan view of the owner's property to the property lines and the location of the proposed equipment. The drawings shall include the height and outline of all structures within 150 feet of the proposed equipment and show any fence lines. All stacks or other emission points related to the proposed equipment shall also be shown on the drawings.

(g) Information, in a form prescribed by the department, that is necessary for the preparation of an environmental impact statement if, in the judgment of the department, the equipment for which a permit is sought may have a significant effect on the environment.

(h) Data demonstrating that the emissions from the process will not have an unacceptable air quality impact in relation to all federal, state, and local air quality standards.

(2) The department may require additional information necessary to evaluate or take action on the application. The applicant shall furnish all additional information, within 30 days of a written request by the department, except as provided by the following provisions:

(a) The applicant may request a longer period of time, in writing, specifying the reason why 30 days was not reasonable for submitting the information.

(b) The department may provide written notice to the applicant of an alternate time period for the submittal, either as part of the original request or upon the granting of an extension requested by the applicant.

(3) An applicant may reference a previously submitted permit application for the purpose of supplying a portion of the information required by this rule. Any reference to a previously submitted permit application shall clearly identify the permit application number assigned to the previous application by the department. If acceptable to the department, an applicant may also reference other previously submitted information for the purpose of supplying a portion of the information required by this rule.

**History**
- *History: 1980 AACS; 2003 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 336.1204** Authority of agents {#sec-r-336.1204 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1204}

Rule 204. When a person files an application for a permit to install as the agent of an applicant, the applicant shall furnish the department with written authorization for the filing of the application. The authorization shall indicate if the applicant intends that the department contact the agent directly with questions regarding the application and also indicate if the agent is authorized to negotiate the terms and conditions of the permit to install.

**History**
- *History: 1980 AACS; 2003 AACS.*

##### **Mich. Admin. Code R 336.1205** Permit to install; approval {#sec-r-336.1205 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1205}

Rule 205. (1) The department shall not approve a permit to install for a stationary source, process, or process equipment that meets the definition of a major stationary source or major modification under any part of these rules unless the requirements specified in subdivisions (a) and (b) of this subrule have been met. In addition, except as provided in subrule (3) of this rule, the department shall not approve a permit to install that includes limitations which restrict the potential to emit from a stationary source, process, or process equipment to a quantity below that which would constitute a major source or major modification under any part of these rules unless both of the following requirements have been met:

(a) The permit to install contains emission limits that are enforceable as a practical matter.

An emission limit restricts the amount of an air contaminant that may be emitted over some time period. The time period shall be set in accordance with the applicable requirements and, unless a different time period is provided by the applicable requirement, should generally not be more than 1 month, unless a longer time period is approved by the department. A longer time period may be used if it is a rolling time period, but shall not be more than an annual time period rolled on a monthly basis. If the emission limit does not reflect the maximum emissions of the process or process equipment operating at full design capacity without air pollution control equipment, then the permit shall contain 1of the following:

(i) A production limit that restricts the amount of final product that may be produced over the same time period used in the emission limit and that comports with the true design and intended operation of the process or process equipment.

(ii) An operational limit that restricts the way the process or process equipment is operated and that comports with the true design and intended operation of the process or process equipment. An operational limit may include conditions specifying any of the following:

(A) The installation, operation, and maintenance of air pollution control equipment.

(B) The hours of operation of the stationary source, process, or process equipment, if the hours are less than continuous.

(D) The amount or type of fuel combusted by the stationary source, process, or process equipment.

(E) The installation, operation, and maintenance of a continuous gas flow meter and a continuous emission monitor for the air contaminant for which an enforceable emission limit is required.

(iii) For volatile organic compound surface coating operations where an add-on control is not employed, an emission or usage limit coupled with a requirement to calculate or demonstrate daily compliance.

(b) A draft permit has been subjected to the public participation process specified in section 5511(3) of the act. The department shall provide a copy of the draft permit to the United States environmental protection agency for review and comment at or before the start of the public comment period. The department shall also provide a copy of each final permit to install issued pursuant to this rule to the United States environmental protection agency.

(2) The department shall not approve a permit to install to construct a major source or reconstruct a major source under any applicable requirement of section 112 of the clean air act unless the requirements of subrule (1)(a) and (b) of this rule have been met. In addition, except as provided in subrule (3) of this rule, the department shall not approve a permit to install that includes limitations which restrict the potential to emit of a stationary source, process, or process equipment to a quantity below that which would constitute a major source or modification under any applicable requirement of section 112 of the clean air act unless the requirements of subrule (1)(a) and (b) of this rule have been met.

(3) The department may approve a permit to install that includes limitations that restrict the potential to emit of a stationary source, process, or process equipment to a quantity below that which would constitute a major source or major modification under any part of these rules without meeting the requirement of subrule (1)(b) of this rule if the emission limitations restrict the potential to emit of the stationary source, process, or process equipment to less than 90% of the quantity referenced in the applicable requirement.

**History**
- *History: 1995 AACS; 1996 AACS; 1998 AACS; 2003 AACS; 2008 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 336.1206** Processing of applications for permits to install {#sec-r-336.1206 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1206}

Rule 206. (1) The department shall review an application for a permit to install for administrative completeness pursuant to R 336.1203(1) within 10 days of its receipt by the department. The department shall notify the applicant in writing regarding the receipt and completeness of the application.

(2) The department shall take final action to approve or deny a permit within 180 days of receipt of an application for a permit to install. The department shall take final action to approve or deny a permit to install subject to a public comment period pursuant to R 336.1205(1)(b) or section 5511(3) of the act within 240 days of receipt. If requested by the permit applicant, the department may extend the processing period beyond the applicable 180 or 240-day time limit. A processing period extension is effective after a formal agreement is signed by both the applicant and the department. However, a processing period shall not be extended under this subrule to a date later than 1 year after all information required pursuant to R 336.1203(1) and (2) has been received. Permit processing period extensions shall be reported as a separate category under section 5522(8)(b) of the act. The failure of the department to act on an application that includes all the information required pursuant to R 336.1203(1) and (2) within the time frames specified in this subrule may be considered a final permit action solely for the purpose of obtaining judicial review in a court of competent jurisdiction to require that action be taken by the department without additional delay.

**History**
- *History: 1980 AACS; 2003 AACS; 2013 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 336.1207** Denial of permits to install {#sec-r-336.1207 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1207}

Rule 207. (1) The department shall deny an application for a permit to install if, in the judgment of the department, any of the following conditions exist:

(a) The equipment for which the permit is sought will not operate in compliance with the rules of the department or state law.

(b) Operation of the equipment for which the permit is sought will interfere with the attainment or maintenance of the air quality standard for any air contaminant.

(c) The equipment for which the permit is sought will violate an applicable requirement of the clean air act, including any of the following:

(i) Standards of performance for stationary sources, 40 C.F.R. part 60, adopted by reference in R 336.1902.

(ii) National emission standards for hazardous air pollutants, 40 C.F.R. part 61, adopted by reference in R 336.1902.

(iii) The requirements of prevention of significant deterioration of air quality, R 336.2801 to R 336.2819 and R 336.2823.

(iv) The requirements of nonattainment new source review, R 336.2901 to R 336.2903, R 336.2907, and R 336.2908.

(v) The requirements for control technology determinations for major sources in accordance with 40 C.F.R. §§63.40 to 63.44 and §§63.50 to 63.56, adopted by reference in R 336.1902.

(d) Sufficient information has not been submitted by the applicant to enable the department to make reasonable judgments as required by subdivisions (a) to (c) of this subrule.

(2) When an application is denied, the applicant shall be notified in writing of the reasons for the denial. A denial shall be without prejudice to the applicant's right to a hearing pursuant to section 5505(8) of the act or for filing a further application after revisions are made to meet objections specified as reasons for the denial.

**History**
- *History: 1980 AACS; 2003 AACS; 2008 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 336.1208** Rescinded {#sec-r-336.1208 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1208}

**History**
- *History: 1980 AACS; 1995 AACS.*

##### **Mich. Admin. Code R 336.1208a** Rescinded {#sec-r-336.1208a omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1208a}

**History**
- *History: 1996 AACS; 2012 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 336.1209** Use of old permits to limit potential to emit {#sec-r-336.1209 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1209}

Rule 209. (1) A person may use a permit to install or a permit to operate issued before May 6, 1980, or a Wayne county permit issued before a delegation of authority to Wayne county pursuant to section 5523 of the act, to limit the potential to emit of a stationary source to a quantity less than the amount which would cause the stationary source to be subject to the requirements of R 336.1210 by complying with the requirements of subrule (2) of this rule, if the permit meets both of the following requirements:

(a) The permit contains emission limits that are less than the maximum emissions of the process or process equipment operating at full design capacity without air pollution control equipment, and the permit contains a production or operational limit consistent with the requirements of R 336.1205(1)(a).

(b) The potential to emit of the stationary source, including the emissions authorized by the permit, is less than the quantity of emissions that would cause the stationary source to be considered a major source pursuant to R 336.1211(1)(a).

(2) Except as provided by subrule (3) of this rule, a person shall meet both of the following requirements to use a permit to install or permit to operate issued before May 6, 1980, or a Wayne county permit issued before a delegation of authority to Wayne county pursuant to section 5523 of the act, to limit the potential to emit of a stationary source:

(a) Submit a written notice to the department, on a form provided by the department, of the intent that the terms and conditions of the permit to install, permit to operate, or the Wayne county permit be used to limit the potential to emit of the stationary source under the provisions of this rule. The written notice shall include a certification signed by the person that the stationary source, process, or process equipment is in full compliance with the permit to install, permit to operate, or the Wayne county permit.

(b) Maintain records, conduct monitoring, and submit reports as required by the permit and as required pursuant to any applicable requirement to show that the stationary source, process, or process equipment is operating in compliance with the terms and conditions of the permit and any applicable requirements.

(3) A person need not notify the department pursuant to subrule (2)(a) of this rule if the potential to emit of the stationary source, including the emissions authorized by the permit to install or permit to operate issued before May 6, 1980, or the Wayne county permit issued before a delegation of authority to Wayne county pursuant to section 5523 of the act, is less than 50% of the quantity that would cause the stationary source to be considered a major source pursuant to R 336.1211(1)(a).

**History**
- *History: 1995 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 336.1210** Renewable operating permits {#sec-r-336.1210 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1210}

Rule 210. (1) A person shall not operate any emission units located at a stationary source required to obtain a renewable operating permit under R 336.1211, except in compliance with all applicable terms and conditions of a renewable operating permit, unless a timely and administratively complete application for a renewable operating permit has been received by the department in accordance with the provisions of this rule. The ability to operate the emission units at a stationary source while a timely and administratively complete application is being reviewed and acted upon by the department shall be referred to as the "application shield." The application shield provided by this subrule shall not apply if an application submittal is not timely under the applicable provision of subrules (4) to (10) of this rule, administratively complete under subrule (2) of this rule, or an additional information submittal is not timely or complete under subrule (3) of this rule.

The loss of the application shield after the applicable time specified in this rule for a person to have filed a timely and administratively complete application for a renewable operating permit is grounds for enforcement action under the act. Any enforcement action pursuant to loss of the application shield shall consider the time period between the applicable deadline and when a person actually submits the required administratively complete application or additional information.

(2) An application submittal, including an application submittal for renewal or modification of a renewable operating permit, shall be considered an administratively complete application if it contains reasonable responses to all requests for information in the permit application form required by the department and a certification by a responsible official which states that, based on information and belief formed after reasonable inquiry, the statements and information in the application are true, accurate, and complete. The application form required by the department shall be consistent with the requirements of section 5507 of the act, except as provided for under R 336.1218. The application form shall also require a certification of compliance with all applicable requirements, a statement of methods used for determining compliance, including a description of monitoring, recordkeeping and reporting requirements, and test methods, and a statement indicating the stationary source's compliance status with any applicable enhanced monitoring and compliance certification requirements of the clean air act. All of the following provisions apply to the administrative completeness of an application for a renewable operating permit:

(a) The department shall notify the person who submitted the application for a renewable operating permit and the responsible official, in writing, regarding the administrative completeness of the application submittal. If the application submittal is considered not to be an administratively complete application by the department, then the notification shall specify the deficiency and all supplemental materials required for an administratively complete application. A person's response to a notification by the department of the incompleteness of an application shall include all of the supplemental materials requested by the department in the notification and a certification by the responsible official which states that, based on information and belief formed after reasonable inquiry, the statements and information in the response are true, accurate, and complete. All of the following provisions apply to department notification:

(i) If the department fails to notify a person that an application submittal, including the submittal of any supplemental materials requested by the department under this subdivision, is not administratively complete by the following deadlines, then the submittal shall be considered an administratively complete application as of the date the department received the submittal or the supplemental materials, whichever is later:

(A) Within 60 days of the date the department receives the submittal, if the submittal is received on the paper forms specified by the department.

(B) Within 15 days of the date the department receives the submittal, if the submittal is received in an electronic format specified by the department.

(ii) If a person submits all of the supplemental materials identified in a notification from the department under this subrule, then the application shall be considered administratively complete.

(iii) Except as provided in paragraph (i) of this subdivision, the date the department receives all information required for an administratively complete application, including all supplemental materials requested by the department under this subdivision, shall be the date of receipt of the administratively complete application.

(b) Any person who fails to submit any relevant facts or who has submitted incorrect information in an application for a renewable operating permit, including an application for renewal or modification of a renewable operating permit, shall, upon becoming aware of the failure or incorrect submittal, promptly submit all supplementary facts or corrected information. Each submittal of any relevant facts or corrected information shall include a certification by a responsible official which states that, based on information and belief formed after reasonable inquiry, the statements and information in the submittal are true, accurate, and complete.

(c) A person shall promptly provide any additional information necessary for an administratively complete application for any applicable requirements to which the stationary source becomes subject after the date that the person submitted the administratively complete application, but before release of a draft renewable operating permit for public participation under R 336.1214(3). Each submittal of any additional information shall include a certification by the responsible official which states that, based on information and belief formed after reasonable inquiry, the statements and information in the submittal are true, accurate, and complete.

(3) After an application for a renewable operating permit has been determined by the department to be administratively complete, the department may require additional information, including information that was not requested on the application form. For the purpose of this subrule, additional information means information necessary to evaluate or take final action on the application, information needed to determine the applicability of any lawful requirement, information needed to enforce any lawful requirement, information needed to address any applicable requirements to which the stationary source becomes subject after the date that the person submitted the administratively complete application, but before release of a draft renewable operating permit for public participation under R 336.1214(3), or information needed to evaluate the amount of the annual air quality fee for the stationary source. A person's response to a request for additional information by the department shall include all of the information requested by the department in the request and a certification by a responsible official which states that, based on information and belief formed after reasonable inquiry, the statements and information in the response are true, accurate, and complete. The person who submitted the application for a renewable operating permit for a stationary source shall furnish, within 30 days of the date of the request, any additional information requested, in writing, by the department, except as follows:

(a) A 30-day extension for a response shall be granted if the person requests that extension, in writing, during the initial 30-day time period.

(b) The person may request a longer time period, in writing, specifying the reasons why 60 days was not reasonable for submitting the requested information.

(c) The department shall provide written notice to the person of the date of expiration of any time period for submittal of all requested additional information as a part of any request for additional information or upon granting a request for an extension.

Failure to submit additional information that has been requested in writing by the department by the expiration of the time period specified for response results in the loss of the application shield specified in subrule (1) of this rule.

(4) For a stationary source that is or becomes a major source, as defined by R 336.1211(1)(a)(i) to (iii), an administratively complete application shall be considered timely if it is received by the department not more than 12 months after the stationary source commences operation as a major source or otherwise becomes subject to the requirements to obtain a renewable operating permit as a major source. For the purposes of this subrule, commencing operation as a major source occurs upon commencement of trial operation of the new or modified emission unit that increased the potential to emit of the stationary source to more than or equal to the applicable major source definition specified in R 336.1211(1)(a).

(5) For a stationary source that is not a major source under R 336.1211(1)(a), but is otherwise subject to the requirements of this rule under R 336.1211(1)(b), (c), (f), or (g), an administratively complete application for a renewable operating permit is considered timely if it is received by the department within 12 months of that stationary source becoming subject, pursuant to any federal regulations, including the following, to the requirement to obtain a renewable operating permit:

(a) 40 C.F.R. §70.3(a)(4) and §72.6(a).

(b) 40 C.F.R. §70.5(a)(1)(ii) as it pertains to part C or D of title 1 of the clean air act.

(d) Specified source categories in 40 C.F.R. part 63, adopted by reference under R 336.1902.

(6) For a stationary source that is not a major source under R 336.1211(1)(a), but is otherwise subject to the requirements of this rule under R 336.1211(1)(d), an administratively complete application for a renewable operating permit is considered timely if it is received by the department by the following applicable deadline:

(a) Thirty-six months after the promulgation of a performance standard under sections 129(a) and 111 of the clean air act applicable to a category of solid waste incineration units.

(b) Twelve months after becoming subject to the requirement to obtain a renewable operating permit pursuant to the federal regulations promulgated pursuant to section 129(a) of the clean air act or the timelines set by applicable federal or state plans required under section 129(b) of the clean air act.

(7) For a stationary source that is not a major source under R 336.1211(1)(a) or otherwise subject to 40 C.F.R. part 70, but is subject to the requirements of this rule under R 336.1211(1)(e), an administratively complete application for a renewable operating permit is considered timely if it is received by the department by the following:

(a) November 1, 1998 for sources subject to federal regulations under 40 C.F.R. part 62, subpart GGG.

(b) Within 12 months after the date the amended design capacity report is due, for sources subject to federal regulations under 40 C.F.R. part 62, subpart GGG that increase their design capacity to equal or exceed 2.5 million megagrams and 2.5 million cubic meters by a change that is not a modification or reconstruction, pursuant to 40 C.F.R. §62.14352(e) and §70.5(a)(1)(i).

(c) Within 15 months after commencing construction, modification, or reconstruction for sources subject to federal regulations under 40 C.F.R. part 60, subpart WWW with a design capacity greater than or equal to 2.5 million megagrams and 2.5 million cubic meters, pursuant to 40 C.F.R. §60.752(c) and §70.5(a)(1)(i), adopted by reference under R 336.1902.

(d) Reserved.

(8) For a stationary source that is an affected source under R 336.1211(1)(b) and title IV of the clean air act, an administratively complete application for an initial acid rain permit is considered timely if it is submitted in accordance with the timelines in 40 C.F.R. part 72, subpart C, acid rain permit applications, adopted by reference under R 336.1902.

(9) For renewal of a renewable operating permit, an administratively complete application is considered timely if it is received by the department not more than 18 months, but not less than 6 months, before the expiration date of the current renewable operating permit.

(10) For modifications to a renewable operating permit, an administratively complete application is considered timely if it is received by the department in accordance with the time frames specified in R 336.1216.

(11) Failure to operate in compliance with all terms and conditions of an operating permit is grounds for enforcement action under the act, permit revocation or revision, or denial of a permit renewal application.

(12) Failure to halt or reduce an activity when necessary to comply with an operating permit is grounds for enforcement action.

(13) Submittal of a complete application for a renewable operating permit does not supersede or affect any requirements to obtain a permit to install under R 336.1201.

(14) A person who submits information to the department as a part of an application for a renewable operating permit under a claim of confidentiality, consistent with the requirements of the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246, shall submit a copy of the information directly to the United States environmental protection agency.

(15) The department shall take final action on each administratively complete application for a renewable operating permit, including an application for permit renewal, within 18 months after the date of receipt by the department of an administratively complete application.

**History**
- *History: 1995 AACS; 1996 AACS; 1999 AACS; 2001 AACS; 2012 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 336.1211** Renewable operating permit applicability {#sec-r-336.1211 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1211}

Rule 211. (1) All of the following stationary sources are subject to the requirements of R 336.1210 to obtain, and only operate in compliance with, a renewable operating permit:

(a) Major sources as defined by any of the following criteria:

(i) A major source under section 112 of the clean air act, which is defined as any stationary source or group of stationary sources located within a contiguous area and under common control that emits, or has the potential to emit, in the aggregate, any of the following:

(A) Ten tons per year of any hazardous air pollutant that has been listed under section 112(b) of the clean air act.

(B) Twenty-five tons per year of any combination of hazardous air pollutants that have been listed under section 112(b) of the clean air act.

(C) A lesser quantity as the administrator of the United States environmental protection agency may establish by rule for any hazardous air pollutant listed under section 112(b) of the clean air act. The department shall maintain, and make available upon request, a list of the hazardous air pollutants for which a lesser quantity criteria has been established.

Emissions from any oil or gas exploration or production well, with its associated equipment, and emissions from any pipeline compressor or pump station shall not be aggregated with emissions from other similar units, whether or not the units are in a contiguous area or under common control, to determine whether the units or stations are major sources under this paragraph. For the purpose of this paragraph, the potential to emit of a stationary source for hazardous air pollutants includes fugitive emissions, regardless of the category of the stationary source.

(ii) A stationary source that directly emits, or has the potential to emit, 100 tons per year or more of any of the following:

(A) Lead.

(B) Sulfur dioxide.

(D) Carbon monoxide.

(E) PM 10.

(F) PM 2.5.

(G) Ozone.

(H) Volatile organic compounds.

(I) Any air contaminant regulated under section 111 of the clean air act.

(J) Any class I and class II substances under title VI of the clean air act.

For the purpose of this paragraph, the fugitive emissions of a stationary source shall not be considered in determining whether the stationary source is a major source, unless the stationary source belongs to 1 of the categories listed in the definition of potential to emit in R 336.1116.

(iii) A major stationary source, as defined in part D of title I of the clean air act, and R 336.2901(t), including, for ozone nonattainment areas, stationary sources that have the potential to emit 100 tons per year or more of volatile organic compounds or oxides of nitrogen in areas classified as marginal or moderate.

(b) Any affected source as defined in 40 C.F.R. §72.6 and section 402 of the clean air act.

(d) Any solid waste incineration unit, as defined in section 129(g) of the clean air act, that is required to obtain a renewable operating permit under section 129(e) of the clean air act.

(e) Any municipal solid waste landfill that has a design capacity equal to or greater than 2.5 million megagrams and 2.5 million cubic meters.

(f) Any stationary source in a source category designated by the administrator of the United States environmental protection agency under 40 C.F.R. §70.3(a)(5).

(g) Any stationary source required to operate subject to a renewable operating permit under 40 C.F.R. part 63, area source requirements, including the following:

(i) Any secondary lead smelter subject to national emission standards for hazardous air pollutants from secondary lead smelting, 40 C.F.R. part 63, subpart X, adopted by reference in R 336.1902.

(ii) Any hazardous waste combustor subject to national emission standards for hazardous air pollutants from hazardous waste combustors, 40 C.F.R. part 63, subpart EEE, adopted by reference in R 336.1902.

(iii) Any Portland cement plant subject to national emissions standards for hazardous air pollutants from the Portland cement manufacturing industry, 40 C.F.R. part 63, subpart LLL, adopted by reference in R 336.1902.

(iv) Any steelmaking facility subject to national emission standards for hazardous air pollutants for area sources: electric arc furnace steelmaking facilities, 40 C.F.R. part 63, subpart YYYYY, adopted by reference in R 336.1902.

(v) Any primary copper smelter subject to national emission standards for hazardous air pollutants for primary copper smelting area sources, 40 C.F.R. part 63, subpart EEEEEE, adopted by reference in R 336.1902.

(vi) Any secondary copper smelter subject to national emission standards for hazardous air pollutants for secondary copper smelting area sources, 40 C.F.R. part 63, subpart FFFFFF, adopted by reference in R 336.1902.

(vii) Any primary nonferrous metal area sources subject to national emission standards for hazardous air pollutants for primary nonferrous metals area sources-zinc, cadmium, and beryllium, 40 C.F.R. part 63, subpart GGGGGG, adopted by reference in R 336.1902.

(viii) Any chemical manufacturing chromium compound area sources subject to national emission standards for hazardous air pollutants for chemical manufacturing area sources: chromium compounds, 40 C.F.R. part 63, subpart NNNNNN, adopted by reference in R 336.1902.

(ix) Any glass manufacturing area sources subject to national emission standards for hazardous air pollutants for glass manufacturing area sources, 40 C.F.R. part 63, subpart SSSSSS, adopted by reference in R 336.1902.

(x) Any chemical manufacturing area sources subject to national emission standards for hazardous air pollutants for chemical manufacturing area sources, 40 C.F.R. part 63, subpart VVVVVV, adopted by reference in R 336.1902, that installed a control device on a chemical manufacturing process unit (CMPU), if the control device on the affected CMPU is necessary to maintain the source's emissions at area source levels.

(2) For the purposes of determining the applicability of R 336.1210, the potential to emit of a stationary source shall be the sum of the potential to emit of all process and process equipment located at the stationary source.

(3) The following stationary sources are exempted from the obligation to obtain a renewable operating permit under R 336.1210:

(a) All stationary sources and source categories for which the person owning or operating the stationary source would be required to obtain a permit solely because the stationary source is subject to 40 C.F.R. Part 60, subpart AAA, standards of performance for new residential wood heaters.

(b) All stationary sources and source categories for which the person owning or operating the stationary source would be required to obtain a permit solely because the stationary source is subject to 40 C.F.R. Part 61, subpart M, national emission standards for hazardous air pollutants for asbestos.

**History**
- *History: 1995 AACS; 1996 AACS; 1998-2000 AACS; 2001 AACS; 2008 AACS; 2012 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 336.1212** Administratively complete applications; insignificant activities; streamlining applicable requirements; emissions reporting and fee calculations {#sec-r-336.1212 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1212}

Rule 212. (1) A timely and administratively complete application for a stationary source subject to the requirements of R 336.1210 shall meet the requirements of R 336.1210(2) and shall contain all information that is necessary to implement and enforce all applicable requirements that include a process-specific emission limitation or standard or to determine the applicability of those requirements.

(2) All of the following activities are considered to be insignificant activities at a stationary source and need not be included in an administratively complete application for a renewable operating permit:

(a) Repair and maintenance of grounds and structures.

(b) All activities and changes pursuant to R 336.1285(2)(a) to (f); however, if any compliance monitoring requirements in the renewable operating permit would be affected by the change, then application shall be made to revise the permit pursuant to R 336.1216.

(c) All activities and changes pursuant to R 336.1287(2)(f) to (h); however, if any compliance monitoring requirements in the renewable operating permit would be affected by the change, then application shall be made to revise the permit pursuant to R 336.1216.

(d) Use of office supplies.

(e) Use of housekeeping and janitorial supplies.

(f) Sanitary plumbing and associated stacks or vents.

(g) Temporary activities related to the construction or dismantlement of buildings, utility lines, pipelines, wells, earthworks, or other structures.

(h) Storage and handling of drums or other transportable containers that are sealed during storage and handling.

(i) Fire protection equipment, firefighting and training in preparation for fighting fires, pursuant to R 336.1310.

(j) Use, servicing, and maintenance of motor vehicles, including cars, trucks, lift trucks, locomotives, aircraft, or watercraft, except where the activity is subject to an applicable requirement. The applicable requirement or the emissions of those air contaminants addressed by the applicable requirement shall be included in a timely and administratively complete application pursuant to R 336.1210. Examples of applicable requirements may include an applicable requirement for a fugitive dust control or operating program or an applicable requirement to include fugitive emissions pursuant to R 336.1211(1)(a)(ii). For the purpose of this subdivision, the maintenance of motor vehicles does not include painting or refinishing.

(k) Construction, repair, and maintenance of roads or other paved or unpaved areas, except where the activities are subject to an applicable requirement. The applicable requirement or the emissions of the air contaminants addressed by the applicable requirement shall be included in a timely and administratively complete application pursuant to R 336.1210. Examples of applicable requirements include an applicable requirement for a fugitive dust control or operating program or an applicable requirement to include fugitive emissions pursuant to R 336.1211(1)(a)(ii).

(l) Piping and storage of sweet natural gas, including venting from pressure relief valves and purging of gas lines.

(3) The following process or process equipment need not be included in an administratively complete application for a renewable operating permit, unless the process or process equipment is subject to applicable requirements that include a process-specific emission limitation or standard:

(a) Cooling and ventilation equipment listed in R 336.1280(2)(b) to (e).

(b) Cleaning, washing, and drying equipment listed in R 336.1281(2)(a) to (f) and (i) to (k).

(c) Electrically heated furnaces, ovens, and heaters listed in R 336.1282(2)(a) and equipment listed in R 336.1282(2)(c) to (f).

(d) Process and process equipment and other equipment listed in R 336.1283 not excluded in R 336.1283(3).

(e) Containers listed in R 336.1284(2)(a), (c), (d), (h), and (k) to (m).

(f) Miscellaneous equipment listed in R 336.1285(2)(h), (i), (k) to (t), (v) to (ii), (kk), and (ll) except for equipment listed in R 336.1285(2)(l)(vi)(C), (r)(iv), and (dd)(iii).

(g) All plastic processing equipment listed in R 336.1286.

(h) Surface coating equipment listed in R 336.1287(2)(b), (d), (e), (i), (j), and (k).

(i) All oil and gas processing equipment listed in R 336.1288.

(j) Asphalt and concrete production equipment listed in R 336.1289(2)(a) to (c).

(4) Unless subject to a process-specific emission limitation or standard, all of the following process or process equipment need only be listed in an administratively complete application for a renewable operating permit. The list shall include a description of the process or process equipment, including any control equipment pertaining to the process or process equipment, the source classification code, and a reference to the subdivision of this subrule that identifies the process or process equipment:

(a) Cooling and ventilation equipment listed in R 336.1280(2)(a).

(b) Cleaning, washing, and drying equipment listed in R 336.1281(2)(g) and (h).

(d) Containers listed in R 336.1284(2)(b), (e), (f), (g), (i), (j), and (n).

(e) Miscellaneous process or process equipment listed in R 336.1285(2)(g), (j), (1)(vi)(C), (r)(iv), (u), (w), (dd)(iii), (jj) and (mm).

(f) Surface-coating equipment listed in R 336.1287(2)(a) and (c).

(g) Concrete batch production equipment listed in R 336.1289(2)(d).

(h) Emission units that have limited emissions and meet the criteria in R 336.1290.

(i) Emission units that have limited emissions and meet the criteria in R 336.1291.

(5) As a part of an application for a renewable operating permit, a person may seek to establish that certain terms or conditions of a permit to install, permit to operate, or order entered pursuant to the act are not appropriate to be incorporated into the renewable operating permit or should be modified to provide for consolidation or clarification of the applicable requirements. An application for a renewable operating permit may include information necessary to demonstrate any of the following:

(a) That a term or condition of a permit to install, permit to operate, or order entered pursuant to the act is no longer an applicable requirement.

(b) That a term or condition of a permit to install, permit to operate, or order entered pursuant to the act should be modified to provide for consolidation or clarification of the applicable requirement. A person shall demonstrate that the modification results in enforceable applicable requirements that are equivalent to the applicable requirements contained in the original permit or order and that the equivalent requirements do not violate any other applicable requirement.

(c) That the equipment should be combined into emission units different from the emission units contained in a permit to install, permit to operate, or order entered pursuant to the act to provide for consolidation or clarification of the applicable requirement. A person shall demonstrate that the realignment of the emission units results in enforceable applicable requirements which are equivalent to the applicable requirements contained in the original permit or order and that the equivalent requirements do not violate any other applicable requirement.

(6) Beginning with the annual report of emissions required pursuant to R 336.202 and section 5503(k) of the act for the first calendar year after a stationary source becomes a major source as defined by R 336.1211(1)(a), each stationary source subject to the requirements of this rule shall report the emissions, or the information necessary to determine the emissions, of each regulated air pollutant. The information shall be submitted utilizing the emissions inventory forms provided by the department. For the purpose of this subrule, "regulated air pollutant" means all of the following:

(a) Nitrogen oxides or any volatile organic compound.

(b) A pollutant for which a national ambient air quality standard has been promulgated under the clean air act.

(d) A class I or II substance that is subject to a standard promulgated under or established by title VI of the clean air act.

(e) A pollutant that is subject to a standard promulgated under section 112 or other requirements established under section 112 of the clean air act, except for pollutants regulated solely pursuant to section 112(r) of the clean air act. Pollutants subject to a standard promulgated or other requirements established under section 112 of the clean air act include both of the following:

(i) A pollutant that is subject to requirements under section 112(j) of the clean air act.

If the administrator of the United States environmental protection agency fails to promulgate a standard by the date established pursuant to section 112(e) of the clean air act, any pollutant for which a stationary source would be major shall be considered to be regulated on the date 18 months after the applicable date established pursuant to section 112(e) of the clean air act.

(ii) A pollutant for which the requirements of section 112(g)(2) of the clean air act have been met, but only with respect to the specific stationary source that is subject to the section 112(g)(2) requirement.

(7) For the purpose of calculating the annual air quality fee pursuant to section 5522 of the act, the actual emissions of a fee-subject air pollutant from all process or process equipment shall be determined. However, the actual emissions of a fee-subject air pollutant from process or process equipment listed pursuant to subrules (2) to (4) of this rule need not be calculated unless either of the following provisions are met:

(a) The process or process equipment is subject to a process-specific emission limitation or standard for the specific fee-subject air pollutant.

(b) The actual emissions from the process or process equipment exceed 10% of significant, as defined in R 336.1119(e), for that air pollutant.

**History**
- *History: 1995 AACS; 1996 AACS; 2001 AACS; 2003 AACS; 2016 AACS; 2019 AACS.*

##### **Mich. Admin. Code R 336.1213** Content of renewable operating permit {#sec-r-336.1213 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1213}

Rule 213. (1) Each renewable operating permit shall include all of the following general provisions:

(a) A person shall comply with all conditions of the renewable operating permit. Any permit noncompliance constitutes a violation of the act and is grounds for enforcement action, for permit revocation or revision, or for denial of the renewal of a renewable operating permit. All terms and conditions of a renewable operating permit that are designated in the permit as federally enforceable pursuant to subrule (5) of this rule, are enforceable by the administrator of the United States environmental protection agency and by citizens under the provisions of the clean air act.

(b) It is not a defense for a person in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of the permit.

(c) The renewable operating permit may be modified, revised, or revoked for cause. The filing of a request by a person for a permit modification, revision, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition. This does not supersede or affect the ability of a person to make changes, at the person's own risk, pursuant to R 336.1215 and R 336.1216.

(d) A person shall allow the department or an authorized representative of the department, upon presentation of credentials and other documents as may be required by law and upon stating the authority for and purpose of the investigation, to perform any of the following activities:

(i) Enter, at reasonable times, a stationary source or other premises where emissionsrelated activity is conducted or where records must be kept under the conditions of the permit.

(ii) Have access to and copy, at reasonable times, any records that must be kept under the conditions of the permit.

(iii) Inspect, at reasonable times, any of the following:

(A) Any stationary source.

(B) Any emission unit.

(D) Any work practices or operations regulated or required under the renewable operating permit.

(iv) As authorized by section 5526 of the act, sample or monitor at reasonable times substances or parameters for the purpose of assuring compliance with the permit or applicable requirements.

(e) A person shall furnish to the department, within a reasonable time, any information that the department may request, in writing, to determine whether cause exists for modifying, revising, or revoking the permit or to determine compliance with the permit.

Upon request, a person shall also furnish to the department copies of any records that are required to be kept as a term or condition of the renewable operating permit. For information that is claimed by the person to be confidential, consistent with the requirements of the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246, the person may also be required to furnish the records directly to the United States environmental protection agency together with a claim of confidentiality.

(f) A challenge by any person, the administrator of the United States environmental protection agency, or the department to a particular condition or a part of a renewable operating permit shall not set aside, delay, stay, or in any way affect the applicability or enforceability of any other condition or part of the renewable operating permit.

(g) A person shall pay fees consistent with the fee schedule and requirements pursuant to section 5522 of the act.

(h) The renewable operating permit does not convey any property rights or any exclusive privilege.

(i) Federally enforceable permit to install terms and conditions incorporated into the renewable operating permit are identified within the renewable operating permit as being established pursuant to R 336.1201.

(2) Each renewable operating permit shall contain emission limits and standards, including operational requirements and limits that ensure compliance with all applicable requirements at the time of permit issuance. In addition, each renewable operating permit may contain additional limits agreeable to both the applicant and the department, provided that these limits are not contrary to R 336.1213 or the clean air act. The following provisions apply to emission limits and standards:

(a) The renewable operating permit shall specify and reference the underlying applicable requirement for each term or condition and identify any difference in form as compared to the applicable requirement upon which the term or condition is based.

(b) The renewable operating permit shall state that, where an applicable requirement is more stringent than an applicable requirement of regulations promulgated for affected sources under title IV of the clean air act, both provisions shall be incorporated into the permit.

(c) If the state implementation plan allows for an alternative emission limit that is equivalent to the limit contained in the state implementation plan, any renewable operating permit containing the equivalent alternative emission limit shall contain terms and conditions to ensure that any such emission limit is quantifiable, accountable, enforceable, and based on replicable procedures.

(d) Any term or condition established as a limit on the potential to emit of the stationary source shall be consistent with the requirements of R 336.1205(1)(a). For each such limit on the potential to emit of the stationary source, the permit shall specify and reference any requirements that would otherwise be applicable to the source or emission unit.

(3) The renewable operating permit shall contain terms and conditions necessary to ensure that sufficient testing, monitoring, recordkeeping, reporting, and compliance evaluation activities will be conducted to determine the status of compliance of the stationary source with the emission limitations and standards contained in the renewable operating permit.

The following provisions apply to testing, monitoring, recordkeeping, reporting, and compliance evaluation activities:

(a) With respect to testing and monitoring, each renewable operating permit shall contain terms and conditions necessary to ensure compliance with all of the following:

(i) The use of all emissions monitoring and analysis procedures or test methods required by the applicable requirements, including 40 C.F.R. Part 64, and any other procedures and methods promulgated pursuant to section 504(b) or 114(a)(3) of the clean air act. If more than 1 monitoring or testing requirement applies, the permit may specify a streamlined set of monitoring or testing requirements, provided the specified monitoring or testing is adequate to assure compliance at least to the same extent as the monitoring or testing applicable requirements that were not included in the permit as a result of such streamlining.

(ii) Where the applicable requirement does not require periodic testing or instrumental or noninstrumental monitoring, which may consist of recordkeeping designed to serve as monitoring, the use of periodic monitoring sufficient to yield reliable data from the relevant time period that are representative of the stationary source's compliance with the permit, as reported pursuant to subdivision (c) of this subrule. The monitoring requirements shall ensure use of terms, test methods, units, averaging periods, and other statistical conventions consistent with the applicable requirement. Recordkeeping provisions shall be sufficient to meet the requirements of subdivision (b) of this subrule.

(iii) As necessary, requirements concerning the use, maintenance, and, where appropriate, installation of monitoring equipment or methods.

(b) With respect to recordkeeping, each renewable operating permit shall contain terms and conditions necessary to ensure compliance with the recordkeeping requirements specified in the applicable requirements. Each renewable operating permit shall also contain terms and conditions that require, where appropriate, both of the following:

(i) Records of any periodic emission or parametric monitoring that include all of the following information:

(A) The date, location, time, and method of sampling or measurements.

(B) The dates analyses of the samples were performed.

(D) The analytical techniques or methods used.

(E) The results of the analyses.

(F) The related operating conditions or parameters that existed at the time of sampling or measurement.

(ii) Retention of records of all required monitoring data and support information for a period of not less than 5 years from the date of the monitoring sample, measurement, report, or application. Support information includes all calibration and maintenance records and all original strip-chart recordings, or other original data records, for continuous monitoring instrumentation and copies of all reports required by the renewable operating permit.

(c) With respect to reporting and the certification of reports, each renewable operating permit shall contain terms and conditions necessary to insure compliance with the reporting requirements specified in the applicable requirements. Except as provided in paragraph (iii)(B) of this subdivision, any document, including reports, required to be submitted to the department as a term or condition of a renewable operating permit shall include a certification by a responsible official which states that, based on information and belief formed after reasonable inquiry, the statements and information in the document are true, accurate, and complete. Each renewable operating permit shall also contain terms and conditions for all of the following:

(i) The submittal of reports of any required monitoring at least once every 6 months. All instances of deviations from permit requirements during the reporting period shall be clearly identified in the reports. Each report submitted pursuant to this subdivision shall include a certification by a responsible official which states that, based on information and belief formed after reasonable inquiry, the statements and information in the report are true, accurate, and complete.

(ii) The prompt reporting of deviations from permit requirements. Prompt reporting shall be defined as follows, unless otherwise provided in the renewable operating permit:

(A) For deviations that exceed the emissions allowed under the renewable operating permit, prompt reporting means reporting consistent with the requirements of R 336.1912.

All reports submitted pursuant to this paragraph shall be promptly certified as specified in paragraph (iii) of this subdivision.

(B) For deviations which exceed the emissions allowed under the renewable operation permit and which are not reported pursuant to R 336.1912 due to the duration of the deviation, prompt reporting means the reporting of all deviations in the reports required by paragraph (i) of this subdivision. The report shall describe reasons for each deviation and the actions taken to minimize or correct each deviation.

(C) For deviations that do not exceed the emissions allowed under the renewable operating permit, prompt reporting means the reporting of all deviations in the reports required by paragraph (i) of this subdivision. The report shall describe the reasons for each deviation and the actions taken to minimize or correct each deviation.

(iii) For reports required pursuant to paragraph (ii) of this subdivision, prompt certification of the reports means either of the following:

(A) Submitting a certification by a responsible official with each report which states that, based on information and belief formed after reasonable inquiry, the statements and information in the report are true, accurate, and complete.

(B) Submitting, within 30 days following the end of a calendar month during which 1 or more prompt reports of deviations from the emissions allowed under the permit were submitted to the department pursuant to paragraph (ii) of this subdivision, a certification by a responsible official which states that, based on information and belief formed after reasonable inquiry, the statements and information contained in each of the reports submitted during the previous month were true, accurate, and complete. The certification shall include a listing of the reports that are being certified. Any report submitted pursuant to paragraph (ii) of this subdivision that will be certified on a monthly basis pursuant to this paragraph shall include a statement that certification of the report will be provided within 30 days following the end of the calendar month.

(4) With respect to compliance, each renewable operating permit shall contain terms and conditions necessary to ensure each of the following:

(a) Incorporation into the renewable operating permit of a schedule of compliance.

(b) For a stationary source that is not in compliance with all applicable requirements at the time of issuance of a renewable operating permit, the submission of progress reports to the department, consistent with an applicable schedule of compliance, at least semiannually or more frequently if specified in an applicable requirement or by the department in the permit. Progress reports shall contain the information specified in the following provisions:

(i) The date or dates for achieving the activities, milestones, or compliance required in the schedule of compliance, and the date or dates when the activities, milestones, or compliance were achieved.

(ii) An explanation of why any dates in the schedule of compliance were not or will not be met and a description of any preventive or corrective measures adopted.

(c) A requirement that, at least annually, or more frequently if specified in an applicable requirement or by the department in the renewable operating permit, the responsible official shall certify, in writing, to the department and to the United States environmental protection agency, that the stationary source is and has been in compliance with all terms and conditions contained in the renewable operating permit, except for any deviations from compliance that have been or are being reported to the department. The certification shall state that, based on information and belief formed after reasonable inquiry, the statements and information in the certification are true, accurate, and complete. Each certification of compliance shall include all of the following information:

(i) The identification of each term or condition of the permit that is the basis of the certification.

(ii) The compliance status of the stationary source with respect to each identified term or condition.

(iii) Whether compliance was continuous or intermittent.

(iv) The methods used for determining the compliance status of the stationary source, currently and over the reporting period consistent with subrule (3)(a), (b), and (c) of this rule.

(v) Other facts as the department may require in the permit that are necessary to determine the compliance status of the stationary source.

(5) Each renewable operating permit shall provide for the following:

(a) Each renewable operating permit shall specifically designate as not being enforceable under the clean air act any terms and conditions included in the permit that are not required under the clean air act or under any of its applicable requirements. Terms and conditions so designated are not subject to the requirements for review by the United States environmental protection agency or affected states under R 336.1214.

(b) Each renewable operating permit shall specifically designate each federally enforceable applicable requirement previously established in a permit to install pursuant to R 336.1201.

(6) Both of the following provisions apply to permit shields:

(a) Except as provided in subdivision (b) of this subrule, each renewable operating permit shall include a permit shield provision stating that compliance with the conditions of the permit shall be considered compliance with any applicable requirements as of the date of permit issuance, if either of the following provisions is satisfied:

(i) The applicable requirements are included and are specifically identified in the permit.

(ii) The permit includes a determination or a summary of the determination by the department that other specifically identified requirements are not applicable to the stationary source.

(b) Nothing in this subrule or in any renewable operating permit shall alter or affect any of the following:

(i) The provisions of section 303 of the clean air act, emergency orders, including the authority of the administrator of the United States environmental protection agency under that section.

(ii) The liability of an owner or operator of a stationary source for any violation of applicable requirements before or at the time of permit issuance.

(iii) The applicable requirements of the acid rain program, consistent with section 408(a) of the clean air act.

(iv) The ability of the United States environmental protection agency to obtain information from a stationary source pursuant to section 114 of the clean air act.

(7) Each renewable operating permit shall be issued for a fixed term of not more than 5 years. Renewable operating permits that have terms of less than 5 years may be issued with the agreement of the department and the permit applicant. The terms and conditions of a renewable operating permit for affected sources under title IV of the clean air act that address the requirements of title IV shall be issued for a term of 5 years. The date of expiration of the renewable operating permit shall be specified in the permit.

(8) A renewable operating permit shall include terms and conditions that allow a stationary source to switch its operation between reasonably anticipated operating scenarios if the scenarios have been identified by the stationary source in its application and found to be approvable by the department. The terms and conditions shall provide for all of the following:

(a) Require the stationary source, contemporaneously with making a change from one operating scenario to another, to record, in a log at the stationary source, a record of the scenario under which the source is operating.

(b) Extend the permit shield described in subrule (6) of this rule to all terms and conditions under each approved operating scenario.

(9) A renewable operating permit shall include terms and conditions for the trading of emissions increases and decreases among process emission units within the stationary source solely for the purpose of complying with an emissions cap that is established in the permit independent of otherwise applicable requirements, if the terms and conditions have been requested by a person in an application for a renewable operating permit. If a person wishes to include the terms and conditions in a renewable operating permit, the permit application shall include proposed replicable procedures and permit terms that the person believes ensure the emissions trades are quantifiable and enforceable. The terms and conditions shall include those necessary to meet the requirements of subrules (2) to (4) of this rule. The department shall not be required to include in the emissions trading provisions any emission units for which emissions are not quantifiable or for which there are no replicable procedures to enforce the emissions trades. The permit shall also require compliance with all applicable requirements. Both of the following provisions apply to the trading of emissions increases and decreases among emission units solely for the purpose of complying with an emissions cap:

(a) A written notification to the department and the United States environmental protection agency is required 7 days in advance of any emissions trade under this subrule.

The notice shall state when the change will occur and shall describe the changes in emissions that will result and how these increases and decreases in emissions will comply with the terms and conditions of the permit.

(b) The permit shield described in subrule (6) of this rule shall extend to terms and conditions that allow the increases and decreases in emissions.

(10) In addition to the other requirements of this rule, each renewable operating permit for an affected source under title IV of the clean air act shall include a permit condition prohibiting emissions exceeding any allowances that an affected source lawfully holds as of the allowance transfer deadline pursuant to the federal acid rain program, adopted by reference in R 336.1902. All of the following apply to allowances:

(a) A permit revision shall not be required for increases in emissions that are authorized by allowances acquired pursuant to title IV of the clean air act if the increases do not require a permit revision under any other applicable requirement.

(b) A limit shall not be placed on the number of allowances held by the affected source.

The affected source may not, however, use allowances as a defense to noncompliance with any other applicable requirement.

(c) Any allowance shall be accounted for according to the procedures established in regulations promulgated under title IV of the clean air act.

(11) A renewable operating permit for a temporary source may authorize emissions from a stationary source at multiple temporary locations. An affected source under title IV of the clean air act shall not be permitted as a temporary source. In addition to the other requirements of this rule, permits for temporary sources shall include all of the following provisions:

(a) Conditions that will assure compliance with all applicable requirements at all authorized locations.

(b) Requirements that the owner or operator notify the department not less than 10 days in advance of each change in location.

(12) A renewable operating permit shall contain terms and conditions allowing for emission averaging and emission reduction credit trading pursuant to any applicable interstate or regional emissions trading program that has been approved by the administrator of the United States environmental protection agency as a part of Michigan's state implementation plan.

**History**
- *History: 1995 AACS; 1996 AACS; 2001 AACS; 2008 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 336.1214** Approval of renewable operating permit {#sec-r-336.1214 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1214}

Rule 214. (1) After the department has received an administratively complete application and all additional information requested by the department pursuant to R 336.1210(3) for a renewable operating permit, significant modification to a renewable operating permit, or the renewal of a renewable operating permit, the department shall prepare a draft permit and a report that sets forth the applicable requirements and factual basis for the draft permit terms and conditions. The report shall include citations of the applicable requirements, an explanation of any equivalent requirements or other changes included in the draft permit pursuant to R 336.1213(2), and any determination made pursuant to R 336.1213(6)(a)(ii) regarding requirements that are not applicable to the stationary source where the draft permit contains only a summary of the determination.

(2) The person who applied for the renewable operating permit shall be provided with a reasonable period of time, between 7 and 30 days, to review and comment on the draft renewable operating permit, draft renewable operating permit significant modification, or draft renewable operating permit renewal before the start of the public participation procedure specified in subrule (3) of this rule. If the person and the department cannot agree on the terms and conditions of the draft renewable operating permit, the terms and conditions that the department believes are necessary to comply with the requirements of R 336.1213 shall be incorporated into the draft renewable operating permit and the report required by subrule (1) of this rule shall include a discussion of the person's objections.

(3) Except for modifications qualifying for administrative permit amendment procedures pursuant to R 336.1216(1) or minor permit modification procedures pursuant to R 336.1216(2), the draft renewable operating permit, draft renewable operating permit modification, or the draft renewable operating permit renewal shall be subjected to the following public participation procedure before the department submits a proposed renewable operating permit to the United States environmental protection agency for review pursuant to subrule (6) of this rule:

(a) The department shall provide public notice by publication in a newspaper of general circulation in the area where the stationary source is located or in a state publication designed to give general public notice. Notice shall also be provided to persons on a mailing list maintained by the department, including persons who request, in writing, to be on that list, and to any person who requests, in writing, to be notified of a permit action involving a specific stationary source.

(b) The notice shall set forth all of the following information:

(i) The name of the stationary source.

(ii) The name and mailing address of the responsible official.

(iii) The mailing address of the department.

(iv) The activity or activities involved in the proposed permit action.

(v) The emissions change involved in any permit modification.

(vi) The name, address, and telephone number of a representative of the department from whom interested persons may obtain additional information, including copies of the draft permit, the report required under subrule (1) of this rule, and, to the extent provided by the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246, the application and any other materials available to the department that are relevant to the permit decision.

(vii) A brief description of the procedures to submit comments.

(viii) The time and place of any hearing that may be held, including a statement of the procedures to request a hearing, unless a hearing has already been scheduled.

(c) The department shall provide not less than 30 days for public comment and shall give notice of any public hearing not less than 30 days in advance of the hearing.

(d) The department shall keep a record of the commenter’s and the issues raised during the public participation process and the records shall be available to the public.

(4) The department shall give notice of each draft permit to any affected state on or before the time that the department provides notice to the public pursuant to subrule (3) of this rule, unless R 336.1216(2) requires the timing of the notice to be different. The department shall notify the administrator of the United States environmental protection agency and any affected state, in writing, of any refusal by the department to accept all recommendations for the proposed permit that the affected state submitted during the public comment period specified in subrule (3)(c) of this rule. The notice shall include the department's reasons for not accepting any recommendation. The department is not required to accept recommendations that are not based on applicable requirements.

(5) After the completion of the public participation procedure specified in subrule (3) of this rule and the review by affected states specified in subrule (4) of this rule, the department shall prepare a proposed renewable operating permit, proposed renewable operating permit significant modification, or proposed renewable operating permit renewal. If the proposed renewable operating permit differs from the draft renewable operating permit in response to substantial and relevant comments from the public or affected states, the person who applied for the renewable operating permit shall be provided with a reasonable period of time, between 7 and 30 days, to review and comment on the changes before the transmittal of the proposed renewable operating permit to the United States environmental protection agency for review. If the person and the department cannot agree on the changes to the proposed renewable operating permit, the changes that the department believes are necessary to comply with the requirements of R 336.1213 shall be incorporated into the proposed renewable operating permit and the person's objections shall be included in the information transmitted to the United States environmental protection agency for review.

(6) Except as provided in 40 C.F.R. §70.8(a)(1) and (2), adopted by reference in R 336.1902, and as provided in R 336.1210(14), the department shall transmit a copy of each administratively complete application for a renewable operating permit, including any application for a significant modification to a renewable operating permit or for renewal of a renewable operating permit, all additional information submitted pursuant to R 336.1210(3), the report prepared pursuant to subrule (1) of this rule, and the proposed renewable operating permit to the United States environmental protection agency. The department shall not take a final action to issue a renewable operating permit until 45 days after the United States environmental protection agency has received all the information specified in this subrule and subrule (4) of this rule. If the administrator of the United States environmental protection agency objects, in writing, to the renewable operating permit before the end of the 45-day review period specified in this subrule, the department shall not issue the renewable operating permit until the administrator's objection has been resolved. The department shall follow the procedure specified in 40 C.F.R. §70.8(c), adopted by reference in R 336.1902, to resolve the objection. The application shield provided by R 336.1210(1) shall continue to apply to the stationary source, consistent with the provisions of R 336.1210, until the department takes final action on the renewable operating permit.

(7) The department shall make a final decision to issue or deny a renewable operating permit, a significant modification to a renewable operating permit, or the renewal of a renewable operating permit after completion of the review by the United States environmental protection agency specified in subrule (6) of this rule. The final renewable operating permit shall contain all terms and conditions determined by the department to be necessary pursuant to R 336.1213, after consideration of all comments received during public participation pursuant to subrule (3) of this rule and affected state review pursuant to subrule (4) of this rule, including any terms and conditions necessary to resolve any objection by the administrator of the United States environmental protection agency pursuant to subrule (6) of this rule. The department shall transmit a copy of each final renewable operating permit to the United States environmental protection agency. A person aggrieved by the issuance, denial, modification, or renewal of a renewable operating permit may appeal the final decision as provided in section 5506(14) of the act.

(8) Any person may petition the administrator of the United States environmental protection agency to make an objection regarding a renewable operating permit pursuant to 40 C.F.R. §70.8(d), adopted by reference in R 336.1902. The petition shall be filed within 60 days after the expiration of the administrator's 45-day review period specified in subrule (6) of this rule and 40 C.F.R. §70.8(c), adopted by reference in R 336.1902. The petition shall be based only on an objection to the renewable operating permit that was raised with reasonable specificity during the public comment period provided for in subrule (3)(c) of this rule, unless the petitioner demonstrates that it was impracticable to raise the objection during the public comment period or unless the grounds for the objection arose after the public comment period. A petition for review does not stay the effectiveness of a renewable operating permit or its requirements if the renewable operating permit was issued after the end of the 45-day review period and before the department received an objection by the administrator. If the administrator of the United States environmental protection agency objects to the renewable operating permit as a result of a petition filed pursuant to 40 C.F.R. §70.8(d), adopted by reference in R 336.1902, before the department has issued the renewable operating permit, the department shall not issue the renewable operating permit until the administrator's objection has been resolved. The application shield provided by R 336.1210(1) shall continue to apply to the stationary source, consistent with the provisions of R 336.1210, until the department takes final action on the renewable operating permit. If the administrator of the United States environmental protection agency objects to the renewable operating permit as a result of a petition filed pursuant to 40 C.F.R. §70.8(d) after the department has issued the renewable operating permit, the department shall follow the procedure specified in 40 C.F.R. §70.7(g), adopted by reference in R 336.1902, to resolve the objection.

**History**
- *History: 1995 AACS; 1996 AACS; 2001 AACS; 2008 AACS; 2012 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 336.1214a** Consolidation of permits to install within renewable operating permit {#sec-r-336.1214a omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1214a}

Rule 214a. (1) The department shall issue a source-wide permit to install concurrent with each issuance and renewal of a renewable operating permit pursuant to R 336.1214 and each reissuance of a renewable operating permit pursuant to R 336.1217(2)(b). The sourcewide permit to install shall be contained in the same document as the renewable operating permit. The source-wide permit to install shall specifically identify, consolidate, and incorporate all federally enforceable terms and conditions of existing permits to install into the renewable operating permit in accordance with the provisions of R 336.1212(5) and the permit content requirements of R 336.1213.

(2) The source-wide permit to install is updated whenever a new process-specific permit to install is incorporated into the renewable operating permit in accordance with the provisions of R 336.1216.

(3) Both of the following provisions apply to the incorporation of terms and conditions of a permit to install into a renewable operating permit:

(a) Within the renewable operating permit, each federally enforceable term or condition that originated in a permit to install shall be specifically identified with an applicable requirement citation of R 336.1201(1)(a). This citation is in addition to the R 336.1213(2)(a) underlying applicable requirement citation. Each term or condition of the renewable operating permit with an applicable requirement citation of R 336.1201(1)(a) shall be considered a term or condition of the source-wide permit to install issued pursuant to this rule.

(b) A federally enforceable term or condition of a renewable operating permit shall be considered a term or condition of the source-wide permit to install issued pursuant to this rule, if it can be reasonably demonstrated that the federally enforceable term or condition originated in a permit to install issued pursuant to R 336.1201. Each term or condition in a renewable operating permit issued before the effective date of this rule with any of the following underlying applicable requirements, identified pursuant to R 336.1213(2)(a), shall be considered a term or condition of the source-wide permit to install issued pursuant to this rule:

(i) R 336.1201, R 336.1201a.

(ii) Title 40 C.F.R. §§63.40 to 63.44 and §§63.50 to 63.56, adopted by reference in R 336.1902.

(iii) R 336.1301(1)(c), R 336.1301(4), and R 336.1331(1)(c).

(iv) R 336.1403(4).

(v) R 336.1702, R 336.1705, R 336.1706, R 336.1708, R 336.1709, and R 336.1710.

(vi) R 336.2415.

(vii) Title 40 C.F.R. §52.21, adopted by reference in R 336.1902.

(viii) R 336.2801 to R 336.2819 and R 336.2823.

(ix) R 336.2901 to R 336.2903, R 336.2907, and R 336.2908.

(4) The source-wide permit to install replaces all existing permits to install, in accordance with R 336.1201(6)(b). Although the source-wide permit to install and the renewable operating permit are contained in the same document, the source-wide permit to install maintains its own authority under section 5505 of the act. If the renewable operating permit expires or is voided, the source-wide permit to install remains in effect, unless the criteria of R 336.1201(6)(a) or (c) are met.

(5) State-only enforceable terms and conditions from a permit to install that have been incorporated into a renewable operating permit shall be considered terms and conditions of a state-only enforceable permit to install established pursuant to R 336.1201(2)(d). If the renewable operating permit later expires or is voided, the state-only enforceable permit to install does not expire, nor is it voided, unless the criteria of R 336.1201(6)(a) or (c) are met.

(6) Nothing in this rule shall relieve the requirement to obtain a permit to install pursuant to R 336.1201(1) for newly constructed, modified, reconstructed, or relocated process or process equipment that emits an air contaminant.

**History**
- *History: 2003 AACS; 2008 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 336.1215** Operational flexibility; emissions trading activities between stationary sources, off-permit changes, insignificant changes, and responsible official changes for a renewable operating permit {#sec-r-336.1215 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1215}

Rule 215. (1) The following provisions apply to operational flexibility within a stationary source. As provided in 40 C.F.R. §70.4(b)(12), adopted by reference in R 336.1902, a person may make either of the following changes to process or process equipment within a stationary source covered by a renewable operating permit without a revision to that permit, if the changes are not a modification under any applicable provision of title I of the clean air act and the changes do not exceed the emissions allowable under the renewable operating permit, whether expressed therein as a rate of emissions or in the terms of total emissions, if the person provides written notification to the department and the United States environmental protection agency at least 7 days prior to the change. The permittee and the department shall attach each such notice to their copy of the relevant permit:

(a) As provided in 40 C.F.R. §70.2 and §70.4(b)(12)(i), adopted by reference in R 336.1902, a person may make changes that contravene a specific permit condition, if the changes are not modifications under any provision of title I of the clean air act and the changes do not exceed the emissions allowable under the renewable operating permit, whether expressed therein as a rate of emissions or in terms of total emissions. Such changes do not include changes that would violate applicable requirements or contravene federally enforceable permit terms and conditions that are monitoring, including test methods, recordkeeping, reporting, or compliance certification requirements. For each such change, the written notification required in this subrule shall include all of the following information:

(i) A brief description of the change within the stationary source.

(ii) The date on which the change will occur.

(iii) Any change in emissions.

(iv) Any permit term or condition that is no longer applicable as a result of the change.

(b) As provided in 40 C.F.R. §70.4(b)(12)(ii), adopted by reference in R 336.1902, a person may trade increases and decreases in emissions within the stationary source according to procedures specified by an applicable emissions trading program that has been approved by the administrator of the United States environmental protection agency as a part of Michigan's state implementation plan, if the person has provided written notification to the department and the United States environmental protection agency of the changes at least 7 days prior to the activity taking place.

(i) The written notification required in this subdivision shall include all information required by the approved state implementation plan, including at a minimum, all of the following information:

(A) When the proposed change will occur.

(B) A description of each such change.

(D) The permit requirements with which the stationary source will comply using the emissions trading provisions of the approved state implementation plan for trading within a stationary source.

(E) The pollutants emitted subject to the emissions trade.

(F) The provisions of the approved state implementation plan with which the stationary source will comply and which provide for the emissions trade within the stationary source.

(ii) Compliance with the permit requirements that the stationary source will meet using the emissions trade shall be determined according to the requirements of the approved state implementation plan authorizing the emissions trade within the stationary source.

(c) For the purposes of this subrule, the emissions allowable under the renewable operating permit include any emission limitation, standard, or condition, including a work practice standard, that is required by an applicable requirement or any emission limitation, standard, or condition, including a work practice standard, that establishes an emissions cap which the source has assumed to avoid an applicable requirement.

(2) The following provisions apply to emission reduction credits trading between stationary sources. As provided in 40 C.F.R. §70.6(a)(8), adopted by reference in R 336.1902, a person may make any changes without revision to the renewable operating permit where provided for in the renewable operating permit and allowed by an applicable interstate or regional emissions trading program that has been approved by the administrator of the United States environmental protection agency.

(3) The following provisions apply to off-permit changes. As provided in 40 C.F.R. §70.4(b)(14) and (15), adopted by reference in R 336.1902, a person may make a change at a stationary source covered by a renewable operating permit that is not addressed or prohibited by the renewable operating permit without a revision to the renewable operating permit, if all of the following provisions are met:

(a) The change complies with all applicable requirements and is not a modification under any applicable provision of title I of the clean air act.

(b) If the stationary source is an affected source under title IV of the clean air act, the change is not contrary to any applicable requirement of title IV.

(c) The person provides contemporaneous written notification to the department and the United States environmental protection agency of each change. The written notice shall describe the change, including all of the following information:

(i) The date of the change.

(ii) Any change in emissions.

(iii) Any pollutants emitted.

(iv) Any applicable requirement that would apply as a result of the change.

(v) A statement that the notification is being provided pursuant to this subrule.

(d) The person keeps a record describing changes made at the stationary source that result in emissions of an air contaminant which are subject to an applicable requirement, but not otherwise regulated under the permit, and the emissions resulting from the changes.

(4) The following provisions apply to insignificant changes. A person may make a change at a stationary source covered by a renewable operating permit that involves the insignificant activities listed pursuant to R 336.1212(2) or that involves the installation, construction, reconstruction, relocation, alteration, or modification of any process or process equipment listed pursuant to R 336.1212(3) and (4) without a revision to the renewable operating permit, if none of the following provisions apply to the change:

(a) The change would result in a violation of any applicable requirement.

(b) The change would require or modify any of the following:

(i) A case-by-case determination of an emission limitation or other standard.

(ii) For temporary sources, a source-specific determination of ambient air impacts.

(iii) A visibility or increment analysis.

(c) The change would seek to establish or modify an emission limit, standard, or other condition of the renewable operating permit that the stationary source has assumed to avoid an applicable requirement to which the stationary source would otherwise be subject.

(d) The change is a major offset modification or a modification under any applicable requirements of sections 111 or 112, or part C of title I of the clean air act.

(5) Contemporaneous written notification shall be made to the department upon a change of address, name, or phone number of the responsible official or other contact person identified in the application for the renewable operating permit.

(6) Changes made pursuant to this rule do not qualify for the permit shield provided by R 336.1213(6).

**History**
- *History: 1995 AACS; 1996 AACS; 2001 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 336.1216** Modifications to renewable operating permits {#sec-r-336.1216 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1216}

Rule 216. (1) All of the following provisions apply to administrative permit amendments:

(a) An administrative permit amendment is a modification to a renewable operating permit that involves any of the following:

(i) A change that corrects typographical errors.

(ii) A minor administrative change at the stationary source.

(iii) A change that provides for more frequent monitoring or reporting.

(iv) A change in the ownership or operational control of a stationary source where the department determines that no other change in the permit is necessary, if a written agreement containing a specific date for transfer of permit responsibility, coverage, and liability between the current and new owner or operator has been submitted to the department. The new owner or operator shall also notify the department of any change in the responsible official or contact person regarding the renewable operating permit.

(v) A change that incorporates into the renewable operating permit the terms and conditions of a permit to install issued pursuant to R 336.1201, if the permit to install includes terms and conditions that comply with the permit content requirements contained in R 336.1213, the procedure used to issue the permit to install was substantially equivalent to the requirements of R 336.1214(3) and (4) regarding public participation and review by affected states, the process or process equipment is in compliance with, and no changes are required to, the terms and conditions of the permit to install that are to be incorporated into the renewable operating permit, and both of the following have occurred:

(A) A person has notified the department, in writing, within 30 days after completion of the installation, construction, reconstruction, relocation, or modification of the process or process equipment covered by the permit to install, unless a different time frame is specified by an applicable requirement and required by the permit to install.

(B) Upon completion of all testing, monitoring, and recordkeeping required by the terms and conditions of the permit to install, but not later than 12 months after the date of completion reported in subparagraph (A) of this paragraph unless a different time frame is specified in the permit to install, a person has requested that the contents of the permit to install be incorporated into the renewable operating permit as an administrative permit amendment. The request shall include all of the following:

(1) The results of all testing, monitoring, and recordkeeping performed by the person to determine the actual emissions from the process or process equipment and to demonstrate compliance with the terms and conditions of the permit to install.

(2) A schedule of compliance for the process or process equipment.

(3) A certification by the responsible official which states that, based on information and belief formed after reasonable inquiry, the statements and information in the request are true, accurate, and complete.

(b) An administrative permit amendment, for changes identified in subdivision (a)(i) to (iv) of this subrule, shall be reviewed and final action taken according to the following procedure:

(i) The department shall take final action to approve or deny the request for an administrative permit amendment within 60 days of the receipt of the request, unless the department requests additional information to clarify the request. If the department requests additional information, the department shall take final action within 60 days of the receipt of the additional information. Upon approval of the request, the change shall be incorporated into the renewable operating permit without providing notice to the public or affected states. The change shall be clearly designated as an administrative permit amendment.

(ii) Upon approval, the department shall transmit a copy of the administrative permit amendment to the person that requested the amendment and the United States environmental protection agency.

(iii) A person may implement the changes identified in the request for an administrative permit amendment, at the person's own risk, immediately upon submittal of the request to the department. After the change has been made, and until the department takes final action as specified in paragraph (i) of this subdivision, a person shall comply with both of the applicable requirements governing the change and the permit terms and conditions proposed in the application for the administrative amendment. If a person fails to comply with the permit terms and conditions proposed in the application for the administrative amendment during this time period, the terms and conditions contained in the renewable operating permit are enforceable.

(iv) The permit shield provided under R 336.1213(6) does not extend to administrative amendments made pursuant to subdivision (a)(i) to (iv) of this subrule.

(c) An administrative permit amendment, for changes identified in subdivision (a)(v) of this subrule, shall be reviewed and final action taken according to the following procedure:

(i) Within 60 days after receipt by the department of all the information required pursuant to subdivision (a)(v)(B) of this subrule, the department shall determine whether the information provides an acceptable demonstration of compliance with the terms and conditions of the permit to install and shall transmit a copy of the information together with that determination and a proposed amended renewable operating permit to the United States environmental protection agency for a 45-day review period pursuant to 40 C.F.R. §70.8(c), adopted by reference in R 336.1902.

(ii) The department shall not take a final action to approve the administrative permit amendment if the administrator of the United States environmental protection agency objects to its approval, in writing, within 45 days of receipt by the United States environmental protection agency, of the information required in paragraph (i) of this subdivision. The department shall follow the procedure specified in 40 C.F.R. §70.8(c), adopted by reference in R 336.1902, in response to an objection by the administrator of the United States environmental protection agency.

(iii) A person may make the change authorized by the permit to install immediately after the permit to install has been approved by the department. After the change has been made, and until the department takes final action on the administrative permit amendment as specified in paragraph (ii) of this subdivision, the person shall comply with both the applicable requirements governing the change and the terms and conditions approved as a part of the permit to install. During this time period, the person may choose to not comply with the existing terms and conditions of the renewable operating permit that are modified by the permit to install. However, if the person fails to comply with the terms and conditions of the permit to install during this time period, the terms and conditions contained in the renewable operating permit are enforceable. The permit shield provided under R 336.1213(6) does not apply to the changes until the administrative permit amendment has been approved by the department.

(d) If the department denies the request for an administrative permit amendment, the department shall notify the person requesting the administrative permit amendment, in writing, that the request has been denied and the reasons for the denial. Any appeal of a denial by the department of an administrative permit amendment shall be pursuant to section 631 of the revised judicature act of 1961, 1961 PA 236, MCL 600.631. The denial of an administrative permit amendment pursuant to this rule is not a revocation of the permit to install.

(2) All of the following provisions apply to minor permit modifications:

(a) A minor permit modification is a change to a renewable operating permit for which none of the following provisions apply:

(i) The change would violate any applicable requirement.

(ii) The change would significantly affect any existing monitoring, reporting, or recordkeeping requirements contained in the renewable operating permit.

(iii) The change would require or affect any of the following:

(A) A case-by-case determination of a federally enforceable emission limitation or other standard.

(B) For temporary sources, a source-specific determination of ambient impacts.

(iv) The change would seek to establish or affect a federally enforceable term or condition in the renewable operating permit for which there is no corresponding underlying applicable requirement and that the stationary source has assumed to avoid an applicable requirement to which the stationary source would otherwise be subject. Following are examples of the terms and conditions described in this paragraph:

(A) An emissions cap assumed to avoid classification as a modification under any applicable provision of title I of the clean air act.

(B) An alternative emissions limit adopted by the stationary source as part of an early reduction program pursuant to section 112(i)(5) of the clean air act.

(v) The change is defined as a major offset modification or a modification under any applicable requirement of sections 111 or 112, or part C of title I of the clean air act. A minor permit modification includes a change authorized by a permit to install issued pursuant to R 336.1201, if the permit to install includes terms and conditions that comply with the permit content requirement of R 336.1213 and none of the provisions of this subrule apply.

(b) An application requesting a minor permit modification shall contain reasonable responses to all requests for information in the minor permit modification application forms required by the department, including all of the following information:

(i) A description of the change, the emissions resulting from the change, and any new applicable requirements that will apply if the change occurs.

(ii) The proposed changes to the terms and conditions of the renewable operating permit that the person applying for the minor permit modification believes are adequate to address the change and any new applicable requirements.

(iii) A certification by the responsible official which states that the proposed modification meets the criteria for use of minor permit modification procedures and that, based on information and belief formed after reasonable inquiry, the statements and information in the application are true, accurate, and complete.

(iv) Completed forms, supplied by the department, for the department to use to notify the United States environmental protection agency and any affected states.

(i) Within 5 working days of receipt by the department of an application for a minor permit modification that meets the requirements of subdivision (b) of this subrule, the department shall notify the United States environmental protection agency and any affected states of the requested minor permit modification.

(ii) The department shall notify the administrator of the United States environmental protection agency and the affected state, in writing, of any refusal by the department to accept any recommendations for the minor permit modification that the affected state submitted to the department during the time period for review specified in paragraph (iii) of this subdivision and before final action has been taken on the minor permit modification.

The notice shall include the department's reasons for not accepting any recommendation.

The department is not required to accept recommendations that are not based on applicable requirements.

(iii) The department shall not issue a final minor permit modification until after the United States environmental protection agency’s 45-day review period or until the United States environmental protection agency has notified the department that the agency will not object to issuance of the minor permit modification. Within 90 days of the department's receipt of an application for a minor permit modification, or 15 days after the end of the United States environmental protection agency’s 45-day review period, whichever is later, the department shall take 1 of the following actions and notify, in writing, the person applying for the minor permit modification of that action:

(A) Approve the permit modification as proposed.

(B) Revise the draft minor permit modification, with the consent of the person applying for the minor permit modification, and transmit the revised draft minor permit modification to the United States environmental protection agency. Transmittal of a revised draft minor permit modification to the United States environmental protection agency restarts the 45day review period specified in this paragraph.

(C) Determine that the requested modification does not meet the minor permit modification criteria and should be reviewed under the significant modification procedures. The notification by the department shall specify why the request does not meet the criteria for a minor permit modification.

(D) Deny the permit modification application for cause. The notification by the department shall specify the reasons for the denial. Any appeal of a denial by the department of a minor permit modification shall be pursuant to section 631 of the revised judicature act of 1961, 1961 PA 236, MCL 600.631.

(d) A person may make the change proposed in the application for a minor permit modification, at the person's own risk, immediately after the department has received the application. After the change has been made, and until the department takes final action as specified in subdivision (c)(iii)(A) to (C) of this subrule, a person shall comply with both of the applicable requirements governing the change and the permit terms and conditions proposed in the application for the minor permit modification. During this time period, a person may choose to not comply with the existing permit terms and conditions that the application for a minor permit modification seeks to modify. However, if the person fails to comply with the permit terms and conditions proposed in the application for the minor permit modification during this time period, the terms and conditions contained in the renewable operating permit are enforceable.

(e) Notwithstanding the restrictions of subdivision (a) of this subrule, minor permit modification procedures may be used for permit modifications involving the use of economic incentives, marketable permits, emissions trading, and other similar approaches, to the extent that the approaches have been approved by the administrator of the United States environmental protection agency as a part of Michigan's state implementation plan.

The approaches shall identify the specific modifications that can be made using the minor permit modification procedures.

(f) The permit shield under R 336.1213(6) shall not extend to minor permit modifications.

(3) All of the following provisions apply to significant modifications:

(a) A significant modification is a modification to a renewable operating permit which is not an administrative permit amendment pursuant to subrule (1) of this rule, or is not a minor permit modification pursuant to subrule (2) of this rule, and which involves any of the following changes, unless the change is allowed under the terms and conditions of a permit to install that has been approved by the department pursuant to the requirements of subrule (1)(a)(v) of this rule:

(i) A modification under any applicable provision of title I of the clean air act.

(ii) Except as provided pursuant to subrule (1)(c)(iii) of this rule, any change that would result in emissions that exceed the emissions allowed under the renewable operating permit. The emissions allowed under the permit include any emission limitation, production limit, or operational limit, including a work practice standard, required by an applicable requirement, or any emission limitation, production limit, or operational limit, including a work practice standard, that establishes an emissions cap that the stationary source has assumed to avoid an applicable requirement to which the stationary source would otherwise be subject.

(iii) The change would significantly affect an existing monitoring, recordkeeping, or reporting requirement included in the renewable operating permit.

(iv) The change would require or modify a case-by-case determination of an emission limitation or other standard, a source-specific determination of ambient air impacts for temporary sources, or a visibility or increment analysis.

(v) The change would seek to establish or modify an emission limitation, standard, or other condition of the renewable operating permit that the stationary source has assumed to avoid an applicable requirement to which the stationary source would otherwise be subject.

(b) An administratively complete application for a significant permit modification shall be limited to address only the process and process equipment that will be affected by the change.

(c) The terms and conditions of a significant permit modification shall meet all the permit content requirements of R 336.1213 for the process and process equipment affected by the change.

(d) The procedure for taking final action on significant permit modification shall follow the requirements of R 336.1214, except that final actions on significant permit modifications shall be taken within 9 months of the receipt by the department of an administratively complete application.

(e) If a significant permit modification is denied, the department shall notify, in writing, the person applying for the modification. The notification of denial shall specify the reasons for the denial. Any appeal of a denial by the department of a significant permit modification shall be pursuant to section 631 of the revised judicature act of 1961, 1961 PA 236, MCL 600.631.

(4) All of the following provisions apply to state-only modifications:

(a) A state-only modification to a renewable operating permit involves changes to terms and conditions in the renewable operating permit that are designated as not enforceable under the clean air act pursuant to R 336.1213(5). If the change results in new applicable requirements that must be enforceable under the clean air act, then the change shall not be a state-only modification.

(b) An application requesting a state-only modification shall contain reasonable responses to all requests for information in the application forms required by the department, including all of the following information:

(i) A description of the change, the emissions resulting from the change, and any new applicable requirements that will apply if the change occurs.

(ii) The proposed changes to the terms and conditions of the renewable operating permit that the person applying for the state-only modification believes are adequate to address the change and any new applicable requirements.

(iii) A certification by the responsible official which states that the proposed modification meets the criteria for use of the state-only modification procedures and that, based on information and belief formed after reasonable inquiry, the statements and information in the application are true, accurate, and complete.

(c) A state-only modification shall be reviewed and final action taken within 90 days of the department's receipt of an application for the state-only modification. The department shall take 1 of the following actions and notify, in writing, the person applying for the state-only modification of that action:

(i) Approve the state-only modification as proposed.

(ii) Revise the draft state-only modification, with the consent of the person applying for the modification, and approve the revised modification.

(iii) Determine that the requested modification does not meet the criteria for a state-only modification and should be reviewed pursuant to subrule (1), (2), or (3) of this rule. The notification by the department shall specify why the request does not meet the criteria for a state-only modification.

(iv) Deny the state-only modification application for cause. The notification by the department shall specify the reasons for the denial. Any appeal of a denial by the department of a state-only modification shall be pursuant to section 631 of the revised judicature act of 1961, 1961 PA 236, MCL 600.631.

(d) A person may make the change proposed in the application for a state-only modification, at the person's own risk, immediately after the application has been received by the department. After the change has been made, and until the department takes final action as specified in subdivision (c)(i) to (iv) of this subrule, the person shall comply with both the applicable requirements governing the change and the permit terms and conditions proposed in the application for the minor permit modification. During this time period, the person may choose, at the person's own risk, to not comply with the existing permit terms and conditions that the application for a state-only modification seeks to modify. However, if the person fails to comply with the permit terms and conditions proposed in the application for the state-only modification during this time period, or if the state-only modification is denied by the department, the terms and conditions contained in the renewable operating permit are enforceable.

(e) The permit shield provided under R 336.1213(6) does not apply to the state-only modification until the changes have been approved by the department.

**History**
- *History: 1995 AACS; 1996 AACS; 2003 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 336.1217** Renewals and reopenings of renewable operating permits {#sec-r-336.1217 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1217}

Rule 217. (1) All of the following provisions apply to renewals of renewable operating permits:

(a) If a timely and administratively complete application for the renewal of a renewable operating permit is submitted, consistent with R 336.1210(9), and timely and complete additional information is submitted, consistent with R 336.1210(3), but the department has failed to take final action to issue or deny the renewal permit before the end of the term of the previous permit, then the existing renewable operating permit shall not expire until the renewal permit has been issued or denied and any permit shield that may be granted pursuant to R 336.1213(6) shall extend beyond the original permit term until the department takes final action on the renewal permit.

(b) Renewable operating permits that are being renewed are subject to the same procedural requirements, including the requirements for public participation and for review by affected states and the United States environmental protection agency, and the same provisions for appeal that apply to initial issuance of renewable operating permits pursuant to R 336.1214.

(2) All of the following provisions apply to the reopening for cause of renewable operating permits:

(a) Each renewable operating permit shall include provisions specifying the conditions under which the department shall reopen the renewable operating permit before the expiration of the permit. A permit shall be reopened and revised by the department under any of the following circumstances:

(i) To incorporate new applicable requirements issued or promulgated after the issuance of the renewable operating permit, if 3 or more years remain in the term of the permit. The revision shall occur as expeditiously as practicable, but not later than 18 months after promulgation of the applicable requirement. A revision is not required if the effective date of the new applicable requirement is later than the date on which the permit is due to expire, unless the original permit or any of its terms and conditions has been extended beyond the effective date of the new applicable requirement pursuant to subrule (1)(a) of this rule.

(ii) To incorporate new applicable standards and requirements for affected sources pursuant to title IV of the clean air act.

(iii) If the department determines that the permit contains a material mistake, that information required by any applicable requirement was omitted, or that inaccurate statements were made in establishing the emission limitations or standards or the terms and conditions of the permit.

(iv) If the department determines that the permit must be revised to ensure compliance with the applicable requirements.

(b) Proceedings to reopen and issue a revised renewable operating permit shall follow the same procedures, including the procedures for public participation and for review by affected states and the United States environmental protection agency, and the same provisions for appeal that apply to the initial issuance of a renewable operating permit pursuant to R 336.1214. Any proceeding to reopen and issue a revised renewable operating permit shall affect only those parts of the permit for which cause to reopen exists. The department shall reopen a renewable operating permit as expeditiously as possible after it discovers that cause exists to reopen.

(c) The department shall not initiate a reopening of a renewable operating permit pursuant to subrule (2)(a) of this rule before providing a notice of intent to reopen the renewable operating permit to the owner or operator of the stationary source. The notice shall be provided not less than 30 days in advance of the date that the renewable operating permit is to be reopened and shall specify the reasons for the reopening.

**History**
- *History: 1995 AACS; 2012 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 336.1218** General renewable operating permits {#sec-r-336.1218 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1218}

Rule 218. (1) The department may, after notice and opportunity for public participation and review by affected states and the United States environmental protection agency consistent with R 336.1214(3), (4), and (6), issue a general renewable operating permit covering numerous similar stationary sources. Any general renewable operating permit shall comply with all requirements applicable to other renewable operating permits and shall identify criteria by which stationary sources may qualify for the general renewable operating permit. The department shall grant the terms and conditions of the general renewable operating permit to stationary sources that qualify. Notwithstanding the permit shield provisions of R 336.1213(6), the owner or operator of a stationary source shall be subject to enforcement action for operation without a renewable operating permit if the department later determines that the stationary source does not qualify for the general renewable operating permit. The department shall not authorize general renewable operating permits for affected sources under the acid rain program, unless otherwise provided in regulations promulgated under title IV of the clean air act.

(2) The owner or operator of a stationary source that meets the criteria specified in R 336.1211 and who would qualify for a general renewable operating permit issued by the department pursuant to subrule (1) of this rule, shall either apply to the department for coverage under the terms of the general renewable operating permit or apply for a renewable operating permit consistent with R 336.1210. The department may, in the general renewable operating permit, provide for applications that deviate from the administrative completeness requirements of section 5507 of the act, if the applications meet the requirements of title V of the clean air act and include all information necessary to determine qualification for, and to assure compliance with, the general renewable operating permit. Without repeating the public participation and review by affected states and the United States environmental protection agency required under R 336.1214(3), (4), and (6), the department may grant a request by a person for authorization to operate under a general renewable operating permit, but the granting shall not be a final permit action for purposes of judicial review.

**History**
- *History: 1995 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 336.1219** Amendments for change of ownership or operational control {#sec-r-336.1219 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1219}

Rule 219. (1) A person may notify the department, in writing, of a change in ownership or operational control of a stationary source or emission unit authorized by a permit to install or a permit to operate. The notification shall include all of the following information:

(a) A description of the stationary source or emission unit affected by the change and a listing of the permits involved in the request.

(b) An identification of the new owner or operator and a specific date for the transfer of responsibility, coverage, and liability.

(c) A written statement by the new owner or operator of the stationary source or emission unit that the terms and conditions of the permit to install or permit to operate are understood and accepted. Acceptance of the terms and conditions of a permit does not affect the person's ability to subsequently request a modification to the permit to install or permit to operate pursuant to R 336.1201. The new owner or operator shall also notify the department of any change in the contact person regarding the permit.

(2) A change in ownership or operational control of a stationary source or emission unit covered by a renewable operating permit shall be made pursuant to R 336.1216(1).

**History**
- *History: 1995 AACS; 2003 AACS; 2008 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 336.1220** Rescinded {#sec-r-336.1220 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1220}

**History**
- *History: 1980 AACS; 1981 AACS; 1988 AACS; 1990 AACS; 1993 AACS; 2003 AACS; 2008 AACS.*

##### **Mich. Admin. Code R 336.1221** Rescinded {#sec-r-336.1221 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1221}

**History**
- *History: 1980 AACS; 1990 AACS.*

##### **Mich. Admin. Code R 336.1224** Best available control technology for toxics (T-BACT); requirements for new and modified sources of air toxics; exemptions {#sec-r-336.1224 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1224}

Rule 224. (1) A person who is responsible for any proposed new or modified emission unit or units for which an application for a permit to install is required by R 336.1201 and which emits a toxic air contaminant shall not cause or allow the emission of the toxic air contaminant from the proposed new or modified emission unit or units in excess of the maximum allowable emission rate based on the application of best available control technology for toxics (T-BACT), except as provided in subrule (2) of this rule.

(2) The requirement for T-BACT in subrule (1) of this rule does not apply to any of the following:

(a) An emission unit or units for which standards have been promulgated under section 112(d) of the clean air act or for which a control technology determination has been made under section 112(g) or 112(j) for any of the following:

(i) The hazardous pollutants listed in section 112(b) of the clean air act.

(ii) Other toxic air contaminants that are volatile organic compounds, if the standard promulgated under section 112(d) of the clean air act or the determination made under sections 112(g) or 112(j) controls similar compounds that are also volatile organic compounds.

(iii) Other toxic air contaminants that are particulate matter, if the standard promulgated under section 112(d) of the clean air act or the determination made under section 112(g) or 112(j) controls similar compounds that are also particulate matter.

(b) An emission unit or units that is in compliance with all of the following:

(i) The maximum allowable emissions of each toxic air contaminant from the proposed new or modified emission unit or units is 0.1 pound per hour or less for a carcinogen or 1.0 pound per hour or less for any other toxic air contaminant.

(ii) The applicable initial threshold screening level for the toxic air contaminant is more than 200 micrograms per cubic meter.

(iii) The applicable initial risk screening level is more than 0.1 micrograms per cubic meter.

(c) An emission unit or units which only emits toxic air contaminants that are particulates or volatile organic compounds and which is in compliance with best available control technology requirements, including R 336.1702, or lowest achievable emission rate requirements for particulates and volatile organic compounds.

(d) Engines, turbines, boilers and process heaters burning solely natural gas, diesel fuel (No. 2 fuel oil), or biodiesel, of up to 100 MMBTU per hour, provided that the effective stack is vertical and unobstructed and is at least 1.5 times the building height, and the building setback is at least 100 feet from the property line.

(e) Natural gas fuel burning equipment or natural gas fired equipment that meet all the following:

(i) A maximum natural gas usage rate of 50,000 cubic feet per hour or less.

(ii) Emissions from the source are discharged from an unobstructed stack oriented vertically upwards.

(iii) With a stack height at least 1.5 times the height of the building most influential in determining the predicted ambient impacts of the emissions.

(f) Air pollution control equipment that combusts only natural gas as fuel.

**History**
- *History: 1998-2000 AACS; 2016 AACS; 2019 AACS.*

##### **Mich. Admin. Code R 336.1225** Health-based screening level requirements for new or modified sources of air toxics {#sec-r-336.1225 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1225}

Rule 225. (1) A person who is responsible for any proposed new or modified emission unit or units for which an application for a permit to install is required by R 336.1201 and which emits a toxic air contaminant shall not cause or allow the emission of the toxic air contaminant from the proposed new or modified emission unit or units in excess of the maximum allowable emission rate which results in a predicted maximum ambient impact that is more than the initial threshold screening level or the initial risk screening level, or both, except as provided in subrules (2) and (3) of this rule and in R 336.1226.

(2) As an alternative to complying with the initial risk screening level in subrule (1) of this rule, a person may instead demonstrate compliance with the secondary risk screening level. For the purpose of complying with the secondary risk screening level, the total allowable emissions of the carcinogen from the proposed new or modified emission unit or units and all existing emission units at the stationary source shall not result in a maximum ambient impact that is more than the secondary risk screening level.

(3) If the ambient impacts of a carcinogen occur on industrial property or public roadways, as an alternative to complying with subrule (1) or (2) of this rule, a person may instead demonstrate compliance with either of the following provisions:

(a) The maximum allowable emission rate of the carcinogen from the proposed new or modified emission unit or units results in ambient impacts that meet both of the following requirements:

(i) The maximum ambient impact on industrial property or public roadways is less than or equal to the initial risk screening level multiplied by a factor of 10.

(ii) The maximum ambient impact on all property that is not industrial or a public roadway is less than or equal to the initial risk screening level.

(b) The total allowable emissions of the carcinogen from the proposed new or modified emission unit or units and all existing emission units at the stationary source result in ambient impacts that meet both of the following requirements:

(i) The maximum ambient impact on industrial property or public roadways is less than or equal to the secondary risk screening level multiplied by a factor of 10.

(ii) The maximum ambient impact on all property that is not industrial or a public roadway is less than or equal to the secondary risk screening level.

(4) Any owner or operator who utilizes the alternative criteria provided in subrule (3) of this rule shall notify the department if a change in land use occurs for property determined to be industrial or a public roadway. The notification shall be submitted to the department within 30 days of the actual land use change. Within 60 days of the land use change, the owner or operator shall submit to the department a plan for complying with the requirements of subrule (1) of this rule. The plan shall require compliance with subrule (1) of this rule not later than 1 year after the due date of the plan submittal.

(5) For the purposes of this rule, industrial property includes only property where the activities are industrial in nature, for example, manufacturing, utilities, industrial research and development, or petroleum bulk storage. The term industrial property does not include farms or commercial establishments.

(6) For the purpose of subrules (1), (2), and (3) of this rule, both of the following provisions apply:

(a) All polychlorinated dibenzodioxins and dibenzofurans shall be considered as 1 toxic air contaminant, expressed as an equivalent concentration of 2,3,7,8-tetrachlorodibenzo-pdioxin, based upon the relative potency of the isomers emitted from the emission unit or units.

(b) If 2 or more toxic air contaminants are present and known to result in toxicological interaction, then the interactive effects shall be considered in establishing initial threshold screening levels, initial risk screening levels, and secondary risk screening levels.

**History**
- *History: 1998-2000 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 336.1226** Exemptions from health-based screening level requirement {#sec-r-336.1226 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1226}

Rule 226. The health-based screening level requirement provided in R 336.1225(1) does not apply to any of the following:

(a) Emissions of a toxic air contaminant that meet both of the following requirements:

(i) The emission rate is less than 10 pounds per month and 0.14 pound per hour.

(ii) The toxic air contaminant is not a carcinogen or a high concern toxic air contaminant listed in Table 20.

Table 20. List of High Concern Toxic Air Contaminants CHEMICAL NAME CAS NUMBER 2,4,6-trinitrotoluene (TNT)118-96-7 2-diethylaminoethanol100-37-8 Acrolein107-02-8 allyl chloride107-05-1 alpha chloroacetophenone532-27-4 alpha-amylase9000-90-2 antimony compounds Arsine7784-42-1 barium compounds Biphenyl92-52-4 Bromine7726-95-6 chlorine dioxide10049-04-4 chlormadinone acetate302-22-7 chlorpyrifos2921-88-2 cobalt compounds Colophony8050-09-7 dibromochloropropane96-12-8 dibutyltin oxide818-08-6 Dichlorvos62-73-7 diisocyanate compounds 1,2 dimethyl sulfate77-78-1 glutaraldehyde111-30-8 halogenated dimethylhydantoin compounds isocyanate compounds 1,4 maleic anhydride108-31-6 manganese compounds melengesterol acetate2919-66-6 mercury compounds octachlorostyrene29082-74-7 osmium tetroxide20816-12-0 pentachlorobenzene608-93-5 platinum soluble salt7440-06-4 selenium compounds Subtilisins (proteolytic enzymes) sulfuric acid (including sulfur trioxide and oleum)7664-93-9 tetrachlorobenzene compounds thallium compounds CHEMICAL NAME CAS NUMBER Vanadium pentaoxide1314-62-1 These listings include any unique chemical substance that contains the named chemical (for example, antimony, barium, cobalt, diisocyanate, isocyanate, manganese, mercury, selenium, and thallium) as part of the chemical structure.

Diisocyanate compounds include compounds with 2 of the isocyanate functional groups (-CNCO).

Halogenated dimethylhydantoin compounds includes those compounds with a hydantoin infrastructure (NHCONHCOCH2) substituted by 2 methyl groups at the 5 position on the ringed structure and halogens at the 1 or 3 position or the 1 and 3 position.

Isocyanate compounds includes compounds with 1 or more of the isocyanate functional groups (CNCO).

Subtilisins (proteolytic enzymes) includes any members of the group of proteolytic enzymes derived from Bacillus subtilis or closely related organisms.

Tetrachlorobenzenes includes compounds that consist of a benzene ring substituted with 4 chlorine atoms.

(b) An emission unit or units for which standards have been promulgated under section 112(f) of the clean air act for hazardous air pollutants listed under section 112(b) of the clean air act.

(c) Air contaminants and emission units that are regulated by the following national emission standards for hazardous air pollutants, 40 C.F.R. part 61:

(i) Subpart B, National emission standard for radon emissions from underground uranium mines.

(ii) Subpart C, National emission standards for beryllium.

(iii) Subpart D, National emission standard for beryllium rocket motor firing.

(iv) Subpart E, National emission standard for mercury.

(v) Subpart F, National emission standard for vinyl chloride.

(vi) Subpart H, National emission standard for emissions of radionuclide from department of energy facilities.

(vii) Subpart I, National emission standard for radionuclide emissions from federal facilities other than nuclear regulatory commission licensees and not covered by subpart H.

(viii) Subpart J, National emission standard for equipment leaks (fugitive emission sources) of benzene.

(ix) Subpart K, National emission standard for radionuclide emissions from elemental phosphorus plants.

(x) Subpart L, National emission standard for benzene emissions from coke by-product recovery plants.

(xi) Subpart M, National emission standard for asbestos.

(xii) Subpart N, National emission standard for inorganic arsenic emissions from glass manufacturing plants.

(xiii) Subpart O, National emission standard for inorganic arsenic emissions from primary copper smelters.

(xiv) Subpart P, National emission standard for inorganic arsenic emissions from arsenic trioxide and metallic arsenic production facilities.

(xv) Subpart V, National emission standard for equipment leaks (fugitive emission sources).

(xvi) Subpart W, National emission standard for radon emissions from licensed uranium mill tailings.

(xvii) Subpart Y, National emission standard for benzene emissions from benzene storage vessels.

(xviii) Subpart BB, National emission standards for benzene emissions from benzene transfer operations.

(xix) Subpart FF, National emission standards for benzene waste operations.

(d) Emissions of a toxic air contaminant if it is demonstrated, on a case-by-case basis, to the satisfaction of the department, that the proposed new or modified emission unit or units will not cause or contribute to a violation of the provisions of R 336.1901. The demonstration shall include all relevant scientific information such as the following:

(i) All available information on the health effects of the toxic air contaminant.

(ii) The levels at which adverse health or environmental effects have occurred.

(iii) Net air quality benefits that would occur as a result of replacing an existing facility.

(iv) Actual exposure levels and duration of exposure.

(v) The uncertainty in data or analysis.

(vi) Other supporting information requested by the department.

(e) Engines, turbines, boilers, and process heaters burning solely natural gas, diesel fuel (No. 2 fuel oil), or biodiesel, of up to 100 MMBTU per hour, provided that the effective stack is vertical and unobstructed and is at least 1.5 times the building height, and the building setback is at least 100 feet from the property line.

(f) Natural gas fuel burning equipment or natural gas fired equipment that meet all the following:

(i) A maximum natural gas usage rate of 50,000 cubic feet per hour or less.

(ii) Emissions from the source are discharged from an unobstructed stack oriented vertically upwards.

(iii) With a stack height at least 1.5 times the height of the building most influential in determining the predicted ambient impacts of the emissions.

(g) Air pollution control equipment that combusts only natural gas as fuel.

Editor's Note: An obvious error in R 336.1226 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Michigan Register, 2019 MR 1. The memorandum requesting the correction was published in Michigan Register, 2019 MR 1.

**History**
- *History: 1998-2000 AACS; 2016 AACS; 2019 AACS.*

##### **Mich. Admin. Code R 336.1227** Demonstration of compliance with health-based screening level {#sec-r-336.1227 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1227}

Rule 227. (1) Compliance with the health-based screening level provisions of R 336.1225 shall be determined by any of the following:

(a) The emission rate of each toxic air contaminant is not greater than the rates determined from the algorithms in table 21. If table 21 provides 2 allowable emission rates for a screening level specific averaging time, then compliance with both emission rates is required.

Table 21. Algorithms for determining allowable emission rates (AER)

Screening Level (SL) Averaging Time Monthly Emission Rate (pounds per month) 1,2 24 Hour Emission Rate (pounds per 24 hours) 1,3 8 Hour Emission Rate (pounds per 8 hours) 1,4 1 Hour Maximum Emission Rate (pounds per hour) 1,5 AnnualSL X 40 = AERSL X 0.54 = AER 24 hoursSL X 0.12 = AERSL X 0.05 = AER 8 hoursSL X 0.02 = AERSL X 0.02 = AER 1 hourSL X 0.001 = AER All screening levels (SL) are in units of g / m .

The constant value of 40 is in units of lbs month g m / / .

The constant value of 0.12 is in units of lbshours g m / /  .

The constant value of 0.02 is in units of lbshours g m / /  .

The constant values of 0.54, 0.05, 0.02, and 0.001 are in units of lbs hour g m / / .

(b) The emission rate of each toxic air contaminant is not greater than the rate determined from the AIR matrix screening methodology in table 22 or determined by any other screening method approved by the department.

(c) The maximum ambient impact of each toxic air contaminant is less than the applicable screening level (initial threshold screening level, initial risk screening level, or secondary risk screening level) determined using the maximum hourly emission rate in accordance with the provisions of R 336.1240 or R 336.1241, or both.

(2) For intermittent emissions, the average emission rate may be used to determine the allowable emission rate in subrule (1)(b) of this rule or the maximum ambient impact in subrule (1)(c) of this rule, if the average rate is not less than 10% of the maximum hourly rate. An average rate that is less than 10% of the maximum rate may only be used if the applicant can demonstrate, to the satisfaction of the department, that the proposed new or modified emission unit or units will not cause or contribute to peak exposures that may result in a violation of the provisions of R 336.1901. Intermittent emissions are emissions that are not allowed to be emitted continuously for the entire length of the time specified in the averaging time for the appropriate screening level.

(3) Table 22 description:

(a) The ambient impact ratio (AIR) matrix enables the determination of an emission rate of a toxic air contaminant that would cause a maximum predicted ambient air impact equal to a screening level. This emission rate is derived by multiplying the screening level by the appropriate AIR value. Emission rates that do not exceed that rate are determined to be in compliance with the health-based screening level under R 336.1225.

(b) Use of the AIR matrix requires information pertinent to the dispersion characteristics of the emission source, namely, the distance to the nearest secured property line and the height of the stack and the influential building. The AIR matrix shall not be used if any of the following provisions apply:

(i) The stack height is less than 10 feet.

(ii) The influential building height is more than 100 feet.

(iii) There are terrain elevations that are more than 25% of the discharging stack height within a distance of 500 feet from the stack.

(iv) The analysis of elevated receptors, for example, hospital air intakes.

(i) Determine the height of the discharging stack from ground level in feet (H s ).

(ii) Determine the height of the influential building in feet (H b ) by first identifying all buildings, including buildings on-site and off-site, located within a distance of 5 times their height from the discharging stack. Next, determine which building is the highest. This is the influential building, with height (H b ) in feet. If the stack is not attached to a building, assume a building height 2.5 times lower than the stack height.

(iii) Determine the ratio of the stack height to the influential building height by dividing the stack height, in feet, by the influential building height, in feet, H s /H b .

(iv) Determine the minimum distance, in feet, from the discharging stack to the secured property line. If there is no secured property line, then a distance of 25 feet is used.

(v) Determine the appropriate value from the AIR matrix by selecting the column with the appropriate influential building height and H s /H b ratio, and selecting the row with the appropriate minimum distance to the secured property line. If the influential building height is between values in the column headings, then use the lower value or interpolate between values in the column headings. If H s is less than H b , then set the influential building height equal to the stack height and use the 1.25 H s /H b column. If H s /H b is between 1 and 1.25, then select the 1.25 column. If H s /H b is between 1.25 and 1.75, then use the 1.25 column or interpolate between the 1.25 and 1.75 columns. If H s /H b is between 1.75 and 2.5, then use the 1.75 column or interpolate between the 1.75 and 2.5 columns. If H s /H b is greater than or equal to 2.5, then use the 2.5 column. If the minimum distance to the secured property line is between 2 distances in the row headings, then use the lower value, for example, if the distance is 250 feet, then use the 200 foot distance row in the matrix.

(d) The value derived from the body of the matrix is the ratio of the annual averaged hourly emission rate divided by the maximum annual ambient impact, in units of (lbs/hr)/(ug/m ). This value is the annual AIR.

(e) The annual AIR is adjusted as necessary for shorter averaging times, consistent with the averaging times for the screening levels. This adjustment is done as follows: 24-hr AIR (lbs/hr)/(ug/m ) = annual AIR x 0.091. 8-hr AIR (lbs/hr)/(ug/m ) = annual AIR x 0.046. 1-hr AIR (lbs/hr)/(ug/m ) = annual AIR x 0.02.

(f) Determine the maximum emission rate that would comply with the health-based screening level and averaging time by multiplying the screening level, in ug/m , by the AIR value for the appropriate averaging time. The result is the highest emission rate, averaged over the averaging time period, that would be in compliance with the screening level. If a source’s maximum hourly emission rate does not exceed this, then the screening level would not be exceeded. If the emission is intermittent, then the emission rate can be averaged over the applicable averaging time as long as the averaged emission rate is not less than 10% of the maximum hourly emission rate, as specified in R 336.1227(2).

(g) In the special case of toxic air contaminant emissions from multiple stacks, determine the AIR value for each stack and select the lowest value among them. Then proceed as in subdivision (f) of this subrule.

Table 22. Ambient Impact Ratio (AIR) Matrix Annual Averaged Hourly Emission Rate Ambient Impact Ratios in Units of (lbs/hr)/(g/m ) for Toxic Air Contaminants with Annual Averaged Screening Levels BLDG HT (ft)1020304050 H s / H b 1.251.752.501.251.752.501.251.752.501.251.752.501.251.752.50 Stack Height->12.517.525.025.035.050.037.552.575.050.070.0100.062.587.5125.0 D250.00850.0220.1590.0320.0840.6790.0750.2201.6030.1520.4212.9410.2630.7364.630 I500.00870.0220.1590.0320.0840.6790.0750.2201.6030.1520.4212.9410.2630.7364.630 S750.00960.0220.1590.0320.0840.6790.0750.2201.6030.1520.4212.9410.2630.7364.630 T1000.0110.0230.1590.0330.0840.6790.0750.2201.6030.1520.4212.9410.2630.7364.630 A2000.0200.0400.1590.0420.0840.6790.0820.2201.6030.1570.4212.9410.2660.7364.630 N3000.0300.0530.1780.0590.1130.6790.0990.2211.6030.1740.4212.9410.2820.7364.630 C4000.0400.0650.1710.0770.1400.6790.1260.2681.6030.2000.4212.9410.3120.7364.630 E5000.0510.0770.1890.0940.1640.6790.1530.3181.6030.2430.5052.9410.3510.7434.630 6000.0630.0910.2220.1120.1880.7460.1810.3681.6030.2870.5882.9410.4090.8384.630 F7000.0750.1040.2410.1300.2110.8120.2080.4131.6030.3280.6642.9410.4680.9514.717 T8000.0890.1190.2570.1480.2350.7680.2350.4591.6080.3700.7402.9410.5281.0644.803 9000.1030.1340.2640.1670.2580.7700.2610.5021.6720.4110.8122.9410.5851.1684.854 10000.1190.1510.2720.1870.2820.8000.2890.5451.7860.4520.8832.9590.6441.2764.950 15000.2090.2450.3180.2900.4061.0800.4280.7561.9530.6541.2143.5210.9241.7615.376 20000.3110.3500.3830.4080.5391.2560.5730.9652.3040.8611.5343.7311.2052.2225.882 BLDG HT (ft)60708090100 H s / H b 1.251.752.501.251.752.501.251.752.501.251.752.501.251.752.50 Stack Height->75.0105.0150.087.5122.5175.0100.0140.0200.0112.5157.5225.0125.0175.0250.0 D250.4121.1146.0980.6061.6568.6210.8392.2428.3331.1263.04913.5141.4583.87614.286 I500.4121.1146.0980.6061.6568.6210.8392.2428.3331.1263.04913.5141.4583.87614.286 S750.4121.1146.0980.6061.6568.6210.8392.2428.3331.1263.04913.5141.4583.87614.286 T1000.4121.1146.0980.6061.6568.6210.8392.2428.3331.1263.04913.5141.4583.87614.286 A2000.4131.1146.0980.6061.6568.6210.8392.2428.3331.1263.04913.5141.4583.87614.286 N3000.4261.1146.0980.6141.6568.6210.8452.2428.3331.1293.04913.5141.4583.87614.286 C4000.4551.1146.0980.6411.6568.6210.8682.2428.3331.1473.04913.5141.4753.87614.286 E5000.4981.1146.0980.6831.6568.6210.9092.2428.3331.1853.04913.5141.5063.87614.286 6000.5451.1146.0980.7411.6568.6210.9672.2428.3331.2443.04913.5141.5633.87614.286 F7000.6251.2696.2500.8081.6728.6211.0402.2428.3331.3163.04913.5141.6343.87614.286 T8000.7051.4296.4100.9011.8258.6211.1112.2428.3331.4043.04913.5141.7303.87614.286 9000.7811.5726.5791.0002.0168.6211.2352.4889.0911.5023.08613.5141.8323.87614.286 10000.8611.7246.8491.1012.2039.0911.3592.73210.0001.6343.28913.5141.9313.87614.286 15001.2322.4047.0421.5773.1069.6151.9533.84611.9052.3584.50515.1522.7785.20816.129 20001.6033.0497.3532.0413.9689.6152.5254.80812.8213.0495.61816.1293.5976.49418.519

**History**
- *History: 1998-2000 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 336.1228** Requirement for lower emission rate than required by best available control technology for toxics (T-BACT) and health-based screening levels {#sec-r-336.1228 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1228}

Rule 228. (1) The department may determine, on a case-by-case basis, that the maximum allowable emission rate determined in R 336.1224(1) or R 336.1225(1) to (3) does not provide adequate protection of human health or the environment. In this case, the department shall establish a maximum allowable emission rate considering relevant scientific information, such as exposure from routes other than direct inhalation, synergistic or additive effects from other toxic air contaminants, and effects on the environment. In performing these evaluations and determinations, the department shall utilize relevant environmental data, land use, and exposure scenarios, and reasonably anticipated environmental impacts and exposures from the proposed new or modified emission unit or units.

(2) The director may determine on a case-by-case basis that an emission rate limitation is needed for a non-toxic air contaminant for which there is no national ambient air quality standard in order to ensure that air emissions do not cause injurious effects to human health.

The director shall make this case-by-case determination subsequent to a presentation by the air quality division and the permit applicant that utilizes relevant environmental data, land use, and exposure scenarios, and reasonably anticipated environmental impacts and exposures from the proposed new or modified emission unit or units. The department shall establish this emission rate consistent with the provisions of R 336.1225, R 336.1227, and R 336.1229 or any other methodology determined by the department to be more appropriate after an evaluation conducted under R 336.1228(1).

**History**
- *History: 1998-2000 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 336.1229** Methodology for determining health-based screening levels {#sec-r-336.1229 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1229}

Rule 229. (1) The initial and secondary risk screening levels for a carcinogen shall be determined by any of the following:

(a) The cancer risk assessment screening methodology contained in R 336.1231.

(b) The United States environmental protection agency guidelines for carcinogen risk assessment, adopted by reference in R 336.1902.

(c) Any alternative cancer risk assessment methodology that can be demonstrated to the department to be more appropriate based on biological grounds and that is supported by the scientific data.

(2) The initial threshold screening level shall be determined by either of the following:

(a) The methodology for determining the initial threshold screening level contained in R 336.1232 or R 336.1233.

(b) Any alternative methodology to assess noncarcinogenic health effects that can be demonstrated to the department to be more appropriate based on toxicological grounds and that is supported by the scientific data.

**History**
- *History: 1998-2000 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 336.1230** Lists for toxic air contaminants health-based screening levels, emission rate reviews, and T-BACT determinations {#sec-r-336.1230 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1230}

Rule 230. (1) The department shall maintain the following information and make it available on the department’s website:

(a) Toxic air contaminant names and chemical abstract service numbers and the basis for determining each of the following screening levels:

(i) Initial threshold screening levels reviewed by the department.

(ii) Initial and secondary risk-based screening levels reviewed by the department.

(iii) For paragraphs (i) and (ii) of this subdivision, the date of the screening level derivation, the algorithm used, the uncertainty factors used, a brief description of the best available information for the screening level, and citations for the key studies and information sources.

(b) Ambient concentrations for toxic air contaminants reviewed by the department under R 336.1226(d) and R 336.1228, the applicable chemical abstract service number, and the basis for any alternative concentration approved under these rules.

(2) The department shall make available on the department’s website the initial established health-based screening levels for toxic air contaminants as follows:

(a) Within 60 days of the effective date of this rule, the department shall provide notice of initial established health-based screening levels for toxic air contaminants and accept comments on the screening levels for a period of 60 days.

(b) Within 180 days following the receipt of comments and full consideration thereof, the department shall finalize and publish the health-based screening levels together with a response to substantive comments received.

(c) The initial established health-based screening levels shall remain applicable until the public review process described in this subrule is completed.

(3) After the health-based screening levels are finalized under subrule (2) of this rule, the department may establish additions or changes to the health-based screening levels as follows:

(a) Within 6 months of establishing any additions or changes to the screening levels, the department shall make available on the department’s website any established additions or changes to the screening levels and shall provide public notice of the action and accept comments for a period of 30 days.

(b) Within 60 days following the receipt of comments and full consideration thereof, the department shall publish a final decision and a response to substantive comments received.

(c) The additions or changes to the screening levels established by subrule (3) of this rule shall remain applicable until the public review process described in this subrule is completed.

**History**
- *History: 1992 AACS; 1994 AACS; 1998-2000 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 336.1231** Cancer risk assessment screening methodology {#sec-r-336.1231 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1231}

Rule 231. (1) The initial risk screening level (IRSL) and the secondary risk screening level (SRSL) shall be determined as follows:

Where:

Inhalation unit risk = Additional lifetime cancer risk occurring in a population in which all individuals are exposed continuously for life to a concentration of 1 microgram per cubic meter of the chemical in the air they breathe. 1 x 10 -6 = An upper bound lifetime cancer risk of 1 in 1,000,000. 1 x 10 -5 =An upper bound lifetime cancer risk of 1 in 100,000.

(2) The following provisions apply to derivation of the inhalation unit risk:

(a) The inhalation unit risk value determined by the United States environmental protection agency (b) If the inhalation unit risk value has not been determined by the United States environmental protection agency, then the inhalation unit risk value shall be determined by the department according to the United States environmental protection agency guidelines for carcinogen risk assessment and supplemental guidance for assessing susceptibility from early-life exposure to carcinogens, adopted by reference in R 336.1902.

(c) Equivalence between tissue doses in animals and humans, yielding equal lifetime risks, shall be based on dosimetric adjustment factors to determine toxicokinetic or toxicodynamic equivalence, according to the United States environmental protection agency advances in inhalation gas dosimetry for derivation of a reference concentration (RfC) and use in risk assessment, adopted by reference in R 336.1902.

(3) An annual average time period shall be used for the IRSL and SRSL.

IRSL = 1 x 10 -6 Inhalation unit risk SRSL = 1 x 10 -5 Inhalation unit risk

**History**
- *History: 1992 AACS; 1998-2000 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 336.1232** Methodology for determining initial threshold screening level {#sec-r-336.1232 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1232}

Rule 232. (1) The initial threshold screening level (ITSL) for each toxic air contaminant shall be determined as follows:

(a) If an inhalation reference concentration (RfC) can be determined from best available information sources, then the ITSL equals the inhalation RfC.

(b) If an ITSL cannot be determined under the provisions of subdivision (a) of this subrule and an oral reference dose (RfD) can be determined through best available information and data are not available to indicate that oral route to inhalation route extrapolation is inappropriate, then the ITSL is determined as follows: m kg xRfDOralITSL (c) If an ITSL cannot be determined under the provisions of subdivision (a) or (b) of this subrule and an occupational exposure level (OEL) exists for the toxic air contaminant, then the ITSL is determined as follows:

ITSL = OEL divided by 100 Where the OEL is the lowest value of either the national institute of occupational safety and health (NIOSH) recommended exposure level listed in the NIOSH pocket guide to chemical hazards or the time-weighted average or ceiling threshold limit value listed in the TLVs and BEIs. The NIOSH Pocket Guide to Chemical Hazards is adopted by reference in R 336.1902. TLVs and BEIs. Threshold Limit Values for Chemical Substances and Physical Agents, and Biological Exposure Indices, is adopted by reference in R 336.1902.

(d) If an ITSL cannot be determined under the provisions of subdivision (a), (b), or (c) of this subrule, then the ITSL may be determined from a 7-day, inhalation, no observed adverse effect level (NOAEL) or lowest observable adverse effect level (LOAEL) as follows:

ITSL

NOAEL x x hoursperday hours per day  35 10024 exposed ITSL LOAEL xx UF x hoursper day hours per day  35 10024 exposed Where:

UF = A value from 1 to 10 determined on a case-by-case basis, considering type and severity of effect.

The ITSL may be determined on a case-by-case basis using NOAELs or LOAELs from repeated dose studies other than 7-day studies.

(e) If an ITSL cannot be determined under the provisions of subdivision (a), (b), (c), or (d) of this subrule, then the ITSL may be determined from a 7-day, oral, NOAEL or LOAEL as follows:

ITSL =

NOAEL (mg / kg / day) 35 x 100 x W I x b a A A ITSL = LOAEL 35 x 100 xUF x W I x b a A A Where:

W A = Body weight of experimental animal in kilograms (kg).

I A = Daily inhalation rate of experimental animal in cubic meters/day. b = Absorption efficiency by the oral route of exposure. a = Absorption efficiency by the inhalation route of exposure.

UF = A value from 1 to 10 determined on a case-by-case basis, considering type and severity of effect.

The ITSL may be determined on a case-by-case basis using NOAELs or LOAELs from repeated dose studies other than 7-day studies.

(f) If an ITSL cannot be determined under the provisions of subdivision (a), (b), (c), (d), or (e) of this subrule, then the ITSL may be determined from an inhalation LC50 that is 4 or more hours in duration as follows:

ITSL

LC x  500 100 Where:

LC50 = A calculated concentration of a chemical in air to which exposure for a specific length of time is expected to cause death in 50% of a defined experimental animal population.

(g) If an ITSL cannot be determined under the provisions of subdivision (a), (b), (c), (d), (e), or (f) of this subrule, then the ITSL may be determined from a 1-hour inhalation LC50 as follows:

ITSL

LC xx  500 100 40 (h) If an ITSL cannot be determined under the provisions of subdivision (a), (b), (c), (d), (e), (f), or (g) of this subrule, then the ITSL may be determined from an animal oral LD50 as follows:

ITSL = x x x LD50 (mg / kg) x W 0.167 x I A A Where:

LD50 = The dose of a chemical that has been calculated to cause death in 50% of a defined animal population.

W A = Body weight of experimental animal in kilograms (kg).

I A = Daily inhalation rate of experimental animal in cubic meters/day.

(i) If an initial threshold screening level cannot be determined under the provisions of subdivision (a), (b), (c), (d), (e), (f), (g), or (h) of this subrule, then the initial threshold screening level = 0.1 ug/m³.

(2) The averaging times to be used for ITSLs are as follows:

(a) If the ITSL is derived from an OEL as in subrule (1)(c) of this rule, then the averaging time is 8 hours for ITSLs based on time-weighted average threshold limit values or recommended exposure levels and 1 hour for ITSLs based on ceiling threshold limit values or recommended exposure levels.

(b) If the ITSL is derived as in subrule (1)(a) or (b) of this rule, then the averaging time is annual.

(c) If the ITSL is derived as in subrule (1)(d), (e), (f), (g), (h), or (i) of this rule, then the averaging time is annual.

(d) The department may require shorter averaging times if necessary to provide adequate protection from the acute effects of a toxic air contaminant.

Editor's Note: An obvious error in R 336.1232 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Annual Administrative Code Supplement, 2016. The memorandum requesting the correction was published in Michigan Register, 2020 MR 24.

**History**
- *History: 1992 AACS; 1998-2000 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 336.1233** Methodology for determining initial threshold screening levels based on acute data {#sec-r-336.1233 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1233}

Rule 233. (1) An ITSL based on acute data shall be determined by either of the following:

From short-term studies, as follow:

ITSL = POD X hours exposed UF h x UF A X UF L AT Where:

POD = Point of Departure UF H = a value from 1 to 10 for average human to sensitive human extrapolation UF A = a value from 1 to 10 for animal to human extrapolation UF L = a value from 1 to 10 for LOAEL to NOAEL extrapolation AT = Averaging time of 1, 8 or 24 hours The POD is defined as the human equivalent concentration of any of the following:

NOAEL = no observed adverse effect level LOAEL = lowest observed adverse effect level BMDL = 95% lower confidence limit on the benchmark dose (BMD)

BMCL = 95% lower confidence limit on the benchmark concentration (BMC)

The BMD or BMC value is derived according to the United States environmental protection agency benchmark dose technical guidance, adopted by reference in R 336.1902. “Human equivalent concentration” is defined as an exposure concentration for humans that has been adjusted for dosimetric differences between experimental animal species and humans to be equivalent to the exposure concentration associated with observed effects in the experimental animal species. If occupational human exposures are used for extrapolation, the human equivalent concentration represents the equivalent human exposure concentration adjusted to a continuous basis.

(b) The ITSL may be determined on a case-by-case basis using a POD from repeated dose studies using any alternative methodology to assess acute health effects that can be demonstrated to the department to be more appropriate based on toxicological grounds and that is supported by the scientific data.

(2) The averaging times to be used for an acute ITSL will be 1, 8, or 24 hours, as appropriate based on the data.

**History**
- *History: 2016 AACS.*

##### **Mich. Admin. Code R 336.1240** Required air quality models {#sec-r-336.1240 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1240}

Rule 240. All air quality modeling demonstrations required by 40 C.F.R. §52.21, adopted by reference in R 336.1902, or part 18 or 19 of these rules, or used to support or amend the state implementation plan shall be made in accordance with the models and procedures in 40 C.F.R. §51.160(f) and appendix W to 40 C.F.R. part 51, adopted by reference in R 336.1902.

**History**
- *History: 1980 AACS; 1989 AACS; 2003 AACS; 2008 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 336.1241** Air quality modeling demonstration requirements {#sec-r-336.1241 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1241}

Rule 241. All air quality modeling demonstrations required by the department that are not subject to R 336.1240 shall follow the procedures and methods referenced in R 336.1240, except the demonstration may be based on the maximum ambient predicted concentration using the most recent calendar year of meteorological data from a representative national weather service, federal aviation administration station, or site specific measurement station.

**History**
- *History: 1980 AACS; 1989 AACS; 2003 AACS; 2008 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 336.1277** New emission unit at facility with plantwide applicability limits; exemption {#sec-r-336.1277 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1277}

Rule 277. The owner or operator of a facility complying with an actuals plantwide applicability limit, established pursuant to R 336.2823 or R 336.2907, may install a new emissions unit without first obtaining a permit to install under R 336.1201, if all of the following requirements are met:

(a) The new emission unit will not cause a meaningful change in the nature or quantity of toxic air contaminants emitted from the stationary source unless the new emission unit is otherwise exempt under R 336.1278 to R 336.1291. In determining whether the new emissions unit will cause a meaningful change in the nature or quantity of toxic air contaminants, the following shall apply:

(i) The owner or operator shall demonstrate to the department that a meaningful change in the nature or quantity of toxic air contaminants has not occurred. The owner or operator may devise its own method to perform this demonstration subject to approval by the department. However, if the applicant demonstrates that all toxic air contaminants from a new emission unit are within the levels specified in R 336.1226 or R 336.1227, then a meaningful change in air contaminants has not occurred.

(ii) If, using the methods described in subdivision (a) of this rule, the owner or operator determines that the installation of a new emission unit will cause a meaningful change in the nature or quantity of toxic air contaminant emissions, then the owner or operator shall obtain a state-only enforceable permit to install under R 336.1201(1)(b).

(iii) A copy of the demonstration required by subdivision (a) of this rule shall be kept on site for the life of the new emission unit and made available to the department upon request.

(b) The new emission unit will only emit regulated new source review pollutants, as defined in R 336.2801(nn) and R 336.2901(ee), that are subject to a plantwide applicability limit, unless the new emission unit is otherwise exempt under R 336.1278 to R 336.1291.

(c) The new emission unit will not be a newly constructed or reconstructed major source of hazardous air pollutants as defined in 40 C.F.R. §63.2 and subject to §63.5(b)(3), national emission standard for hazardous air pollutants, adopted by reference in R 336.1902.

(d) The installation of the new emission unit will not cause the violation of any other applicable requirement.

(e) The owner or operator shall notify the department of the installation of a new emission unit using the procedure in R 336.1215(3)(c).

**History**
- *History: 2008 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 336.1278** Exclusion from exemption {#sec-r-336.1278 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1278}

Rule 278. (1) The exemptions specified in R 336.1280 to R 336.1291 do not apply to either of the following:

(a) Any activity that is subject to prevention of significant deterioration of air quality regulations or new source review for major sources in nonattainment areas regulations.

(b) Any activity that results in an increase in actual emissions greater than the significance levels defined in R 336.1119. For the purpose of this rule, "activity" means the concurrent and related installation, construction, reconstruction, relocation, or modification of any process or process equipment.

(2) The exemptions specified in R 336.1280 to R 336.1291 do not apply to the construction of a new major source of hazardous air pollutants or reconstruction of a major source of hazardous air pollutants, as defined in 40 C.F.R. §63.2 and subject to §63.5(b)(3), national emission standards for hazardous air pollutants, adopted by reference in R 336.1902.

(3) The exemptions specified in R 336.1280 to R 336.1291 do not apply to a construction or modification as defined in and subject to 40 C.F.R. part 61, national emission standards for hazardous air pollutants, adopted by reference in R 336.1902.

(4) The exemptions in R 336.1280 to R 336.1291 apply to the requirement to obtain a permit to install only and do not exempt any source from complying with any other applicable requirement or existing permit limitation.

**History**
- *History: 1993 AACS; 1994 AACS; 1995 AACS; 1996 AACS; 1997 AACS; 1998 AACS; 2003 AACS; 2008 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 336.1278a** Scope of permit exemptions {#sec-r-336.1278a omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1278a}

Rule 278a. (1) To be eligible for a specific exemption listed in R 336.1280 to R 336.1291, any owner or operator of an exempt process or exempt process equipment must be able to provide information demonstrating the applicability of the exemption. The demonstration may include the following information:

(a) A description of the exempt process or process equipment, including the date of installation.

(b) The specific exemption being used by the process or process equipment.

(2) The demonstration required by this rule shall be providedwithin 30 days of a written request from the department. Any other records required within a specific exemption shall be provided within timeframes established within that specific exemption.

**History**
- *History: 2003 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 336.1279** Rescinded {#sec-r-336.1279 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1279}

**History**
- *History: 1993 AACS; 1995 AACS; 2003 AACS.*

##### **Mich. Admin. Code R 336.1280** Permit to install exemptions; cooling and ventilating equipment {#sec-r-336.1280 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1280}

Rule 280. (1) This rule does not apply if prohibited by R 336.1278 and unless the requirements of R 336.1278a have been met.

(2) The requirement of R 336.1201(1) to obtain a permit to install does not apply to any of the following:

(a) Cold storage refrigeration equipment and storage of the refrigerant, including cold storage equipment using anhydrous ammonia that has storage capacity of less than 500 gallons.

(b) Comfort air conditioning or comfort ventilating systems not designed or used to remove air contaminants generated by, or released from, specific units of equipment.

(c) Natural draft hoods or natural draft ventilation not designed or used to remove air contaminants generated by, or released from, specific units of equipment.

(d) Water-cooling towers and water-cooling ponds not used for evaporative cooling of process water or not used for evaporative cooling of water from barometric jets or from barometric condensers.

(e) Funeral home embalming processes and associated ventilation systems.

**History**
- *History: 1980 AACS; 1993 AACS; 1995 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 336.1281** Permit to install exemptions; cleaning, washing, and drying equipment {#sec-r-336.1281 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1281}

Rule 281. (1) This rule does not apply if prohibited by R 336.1278 and unless the requirements of R 336.1278a have been met.

(2) The requirement of R 336.1201(1) to obtain a permit to install does not apply to any of the following:

(a) Vacuum-cleaning systems used exclusively for industrial, commercial, or residential housekeeping purposes.

(b) Equipment used for portable steam cleaning.

(c) Blast-cleaning equipment using a suspension of abrasive in water and any exhaust system or collector serving them exclusively.

(d) Portable blast-cleaning equipment equipped with appropriately designed and operated enclosure and control equipment.

(e) Equipment used for washing or drying materials, where the material itself cannot become an air contaminant, if no volatile organic compounds that have a vapor pressure greater than 0.1 millimeter of mercury at standard conditions are used in the process and no oil or solid fuel is burned.

(f) Laundry dryers, extractors, or tumblers for fabrics cleaned with only water solutions of bleach, detergents, or laundry products that do not contain volatile organic compounds.

(g) Dry-cleaning equipment that has a capacity of 100 or less pounds of clothes.

(h) Cold cleaners that have an air/vapor interface of not more than 10 square feet.

(i) Sterilization equipment processing mercury-free materials at medical and pharmaceutical facilities using steam, hydrogen peroxide, peracetic acid, or a combination thereof.

(j) Portable blast-cleaning equipment used during construction to clean water tanks or other structures that have not been previously coated, if both of the following apply:

(i) The tank or structure is not located closer than the lesser of 750 feet or 5 times the height of the structure to the nearest residential, commercial, or public facility.

(ii) The abrasive media is a low dusting material that does not contain more than 5% crystalline silica.

(k) Aqueous based parts washers.

**History**
- *History: 1980 AACS; 1992 AACS; 1993 AACS; 1995 AACS; 2003 AACS; 2008 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 336.1282** Permit to install exemptions; furnaces, ovens, and heaters {#sec-r-336.1282 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1282}

Rule 282. (1) This rule does not apply if prohibited by R 336.1278 and unless the requirements of R 336.1278a have been met.

(2) The requirement of R 336.1201(1) to obtain a permit to install does not apply to any of the following:

(a) Any of the following processes or process equipment which are electrically heated or which fire sweet gas fuel or no. 1 or no. 2 fuel oil at a maximum total heat input rate of not more than 10,000,000 Btu per hour:

(i) Furnaces for heat treating or forging glass or metals, the use of that does not involve ammonia, molten materials, oil-coated parts, or oil quenching.

(ii) Porcelain enameling furnaces or porcelain enameling drying ovens.

(iii) Kilns for firing ceramic ware.

(iv) Crucible furnaces, pot furnaces, or induction melting and holding furnaces that have a capacity of 1,000 pounds or less each, in which sweating or distilling is not conducted and in which fluxing is not conducted utilizing free chlorine, chloride or fluoride derivatives, or ammonium compounds.

(v) Bakery ovens and confection cookers where the products are edible and intended for human consumption.

(vi) Electric resistance melting and holding furnaces that have a capacity of not more than 6,000 pounds per batch and 16,000 pounds per day, which melt only clean charge. Fluxing that results in the emission of any hazardous air pollutant shall not occur in the furnace.

(b) Fuel-burning equipment which is used for space heating, service water heating, electric power generation, oil and gas production or processing, or indirect heating and which burns only the following fuels:

(i) Sweet natural gas, synthetic natural gas, liquefied petroleum gas, or a combination thereof and the equipment has a rated heat input capacity of not more than 50,000,000 Btu per hour.

(ii) No. 1 and no. 2 fuel oils, distillate oil, the gaseous fuels specified in paragraph (i) of this subdivision, or a combination thereof that contains not more than 0.40% sulfur by weight and the equipment has a rated heat input capacity of not more than 20,000,000 Btu per hour.

(iii) Wood, wood residue, or wood waste that is not painted or treated with wood preservatives, which does not contain more than 25% plywood, chipboard, particleboard, and other types of manufactured wood boards, that is not contaminated with other waste materials, and the equipment has a rated heat input capacity of not more than 6,000,000 Btu per hour.

(iv) Waste oil or used oil fuels that are generated on the geographical site and the equipment has a rated heat input capacity of not more than 500,000 Btu per hour.

(c) Fuel-burning and refuse-burning equipment used in connection with a structure that is designed and used exclusively as a dwelling for not more than 3 families.

(d) All residential cooking equipment.

(e) Equipment, including smokehouses, at restaurants and other retail or institutional establishments that is used for preparing food for human consumption.

(f) Blacksmith forges.

(g) Sour gas-burning equipment, if the actual emission of sulfur dioxide does not exceed 1 pound per hour.

**History**
- *History: 1980 AACS; 1992 AACS; 1993 AACS; 1995 AACS; 2003 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 336.1283** Permit to install exemptions; testing and inspection equipment {#sec-r-336.1283 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1283}

Rule 283. (1) This rule does not apply if prohibited by R 336.1278 and unless the requirements of R 336.1278a have been met.

(2) The requirement of R 336.1201(1) to obtain a permit to install does not apply to any of the following:

(a) Pilot processes or pilot process equipment utilizing T-BACT used for any of the following:

(i) Chemical analysis.

(ii) Physical analysis.

(iii) Empirical research.

(iv) Theoretical research.

(v) The development of process or process equipment design and operating parameters.

(vi) The production of a product for field testing.

(vii) The production of a product for clinical testing of pharmaceuticals.

(viii) The production of a product for use as a raw material in the research and development of a different product.

(b) Laboratory equipment.

(d) Equipment for the inspection of metal, wood, or plastic products.

(e) Vacuum pumps for the leak-testing of metal products using helium or nitrogen gas.

(f) Process sample valves used to collect material exclusively for testing and inspection.

(3) The pilot processes and pilot process equipment excluded from the requirement of R 336.1201(1) pursuant to the provisions of subrule (2)(a) of this rule do not include pilot processes or pilot process equipment used for any of the following:

(a) The production of a product for sale, unless such sale is only incidental to the use of the pilot process or pilot process equipment.

(b) The repetitive production of a product using the same process or process equipment design and operating parameters.

(d) The treatment or disposal of waste which is designated, by listing or specified characteristic, as hazardous under federal regulations or state rules.

**History**
- *History: 1980 AACS; 1992 AACS; 1995 AACS; 1997 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 336.1284** Permit to install exemptions; containers {#sec-r-336.1284 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1284}

Rule 284. (1) This rule does not apply if prohibited by R 336.1278 and unless the requirements of R 336.1278a have been met.

(2) The requirement of R 336.1201(1) to obtain a permit to install does not apply to containers, reservoirs, or tanks used exclusively for any of the following:

(a) Dipping or storage operations for coating objects with oils, waxes, greases, or natural or synthetic resins containing no organic solvents.

(b) Storage of butane, propane, or liquefied petroleum gas in a vessel that has a capacity of less than 40,000 gallons.

(d) Storage of no. 1 to no. 6 fuel oils as specified in ASTM D396, gas turbine fuel oils No. 2-GT to 4-GT as specified in ASTM D2880, aviation gas as specified in ASTM D910, jet fuels as specified in ASTM D1655, diesel fuel oils no. 2-D and 4-D as specified in ASTM D975, or biodiesel fuel oil and blends as specified in ASTM D6751 and ASTM D7467. The ASTM methods are adopted by reference in R 336.1902.

(e) Storage of sweet crude or sweet condensate in a vessel that has a capacity of less than 40,000 gallons.

(f) Storage of sour crude or sour condensate in a vessel that has a capacity of less than 40,000 gallons if vapor recovery or its equivalent is used to prevent the emission of vapors to the atmosphere.

(g) Storage and handling equipment for gasoline, gasoline blends including ethanol, diesel fuel, or natural gas as follows:

(i) Loading facilities handling less than 20,000 gallons per day for storage, mixing, blending, and handling of gasoline, and/or gasoline/ethanol blends, or for diesel fuel storage and handling.

(ii) Dispensing facilities for storage, mixing, blending and handling of gasoline and/or gasoline/ethanol blends, for natural gas storage and handling, or for diesel fuel storage and handling.

(iii) Equipment exclusively serving dynamometer facilities for gasoline and/or gasoline/ethanol blends storage and handling, for natural gas storage and handling, or for diesel fuel storage and handling.

(h) Storage and water dilution of aqueous solutions of inorganic salts, bases, and the following acids:

(i) Sulfuric acid that is not more than 99% by weight.

(ii) Phosphoric acid that is not more than 99% by weight.

(iii) Nitric acid that is not more than 20% by weight.

(iv) Hydrochloric acid that is not more than 11% by weight.

(i) Storage, mixing, blending, or transfer operations of volatile organic compounds or noncarcinogenic liquids in a vessel that has a capacity of not more than 40,000 gallons where the contents have a true vapor pressure of not more than 1.5 psia at the actual storage conditions.

(j) Pressurized storage of acetylene, hydrogen, oxygen, nitrogen, helium, and other substances, excluding chlorine and anhydrous ammonia in a quantity of more than 500 gallons, that have a boiling point of 0 degrees Celsius or lower.

(k) Storage containers and transfer operations of noncarcinogenic solid material, including silos, that only emit particulate matter and that are controlled with an appropriately designed and operated fabric filter collector system or an equivalent control system.

(l) Filling of noncarcinogenic liquids in shipping or storage containers that have emissions that are released only into the general in-plant environment.

(m) Storage of wood and wood residues.

(n) Storage of methanol in a vessel that has a capacity of not more than 30,000 gallons.

**History**
- *History: 1980 AACS; 1992 AACS; 1993 AACS; 1995 AACS; 1997 AACS; 2003 AACS; 2008 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 336.1285** Permit to install exemptions; miscellaneous {#sec-r-336.1285 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1285}

Rule 285. (1) This rule does not apply if prohibited by R 336.1278 and unless the requirements of R 336.1278a have been met.

(2) The requirement of R 336.1201(1) to obtain a permit to install does not apply to any of the following:

(a) Routine maintenance, parts replacement, or other repairs that are considered by the department to be minor, or relocation of process equipment within the same geographical site not involving any appreciable change in the quality, nature, quantity, or impact of the emission of an air contaminant therefrom. Examples of parts replacement or repairs considered by the department to be minor include the following:

(i) Replacing bags in a baghouse.

(ii) Replacing wires, plates, rappers, controls, or electric circuitry in an electrostatic precipitator that does not measurably decrease the design efficiency of the unit.

(iii) Replacement of fans, pumps, or motors that does not alter the operation of a source or performance of air pollution control equipment.

(iv) Boiler tubes.

(v) Piping, hoods, and ductwork.

(vi) Replacement of engines, compressors, or turbines as part of a normal maintenance program.

(b) Changes in a process or process equipment which do not involve installing, constructing, or reconstructing an emission unit and which do not involve any meaningful change in the quality and nature or any meaningful increase in the quantity of the emission of an air contaminant therefrom.

(i) Examples of such changes in a process or process equipment include, but are not limited to, the following:

(A) Change in the supplier or formulation of similar raw materials, fuels, or paints and other coatings.

(B) Change in the sequence of the process.

(D) Change in the method of product packaging.

(E) Change in temperature, pressure, or other similar operating parameters that do not affect air cleaning device performance.

(F) Installation of a floating roof on an open top petroleum storage tank.

(G) Replacement of a fuel burner in a boiler with an equally or more thermally efficient burner.

(H) Lengthening a paint drying oven to provide additional curing time.

(c) Changes in a process or process equipment that do not involve installing, constructing, or reconstructing an emission unit and that involve a meaningful change in the quality and nature or a meaningful increase in the quantity of the emission of an air contaminant resulting from any of the following:

(i) Changes in the supplier or supply of the same type of virgin fuel, such as coal, no. 2 fuel oil, no. 6 fuel oil, or natural gas.

(ii) Changes in the location, within the storage area, or configuration of a material storage pile or material handling equipment.

(iii) Changes in a process or process equipment to the extent that such changes do not alter the quality and nature, or increase the quantity, of the emission of the air contaminant beyond the level which has been described in and allowed by an approved permit to install, permit to operate, or order of the department.

(d) Reconstruction or replacement of air pollution control equipment with equivalent or more efficient equipment.

(e) Installation, construction, or replacement of air pollution control equipment for an existing process or process equipment for the purpose of complying with the national emission standards of hazardous air pollutants regulated under section 112 of the clean air act.

(f) Installation or construction of air pollution control equipment for an existing process or process equipment if the control equipment itself does not actually generate a significant amount of criteria air contaminants as defined in R 336.1119(e) or a meaningful increase in the quantity of the emissions of toxic air contaminants or a meaningful change in the quality and nature of toxic air contaminants.

(g) Internal combustion engines that have less than 10,000,000 Btu/hour maximum heat input.

(h) Vacuum pumps in laboratory or pilot plant operations.

(i) Brazing, soldering, welding, or plasma coating equipment.

(j) Portable torch cutting equipment that does not cause a nuisance or adversely impact surrounding areas and is used for either of the following:

(i) Activities performed on a non-production basis, such as maintenance, repair, and dismantling.

(ii) Scrap metal recycling and/or demolition activities that have emissions that are released only into the general in-plant environment and/or that have externally vented emissions equipped with an appropriately designed and operated enclosure and fabric filter.

(k) Grain, metal, or mineral extrusion presses.

(l) The following equipment and any exhaust system or collector exclusively serving the equipment:

(i) Equipment used exclusively for bending, forming, expanding, rolling, forging, pressing, drawing, stamping, spinning, or extruding either hot or cold metals.

(ii) Die casting machines.

(iii) Equipment for surface preparation of metals by use of aqueous solutions, except for acid solutions.

(iv) Atmosphere generators used in connection with metal heat treating processes.

(v) Equipment used exclusively for sintering of glass or metals, but not exempting equipment used for sintering metal-bearing ores, metal scale, clay, flyash, or metal compounds.

(vi) Equipment for carving, cutting, routing, turning, drilling, machining, sawing, surface grinding, sanding, planing, buffing, sand blast cleaning, shot blasting, shot peening, or polishing ceramic artwork, leather, metals, graphite, plastics, concrete, rubber, paper board, wood, wood products, stone, glass, fiberglass, or fabric which meets any of the following:

(A) Equipment used on a nonproduction basis.

(B) Equipment that has emissions that are released only into the general in-plant environment.

(C) Equipment that has externally vented emissions controlled by an appropriately designed and operated fabric filter collector that, for all specified operations with metal, is preceded by a mechanical precleaner.

(vii) Photographic process equipment by which an image is reproduced upon material sensitized to radiant energy, including any of the following:

(A) Blueprint machines.

(B) Photocopiers.

(D) Photographic developing processes.

(E) Microfiche copiers.

(viii) Battery charging operations.

(ix) Pad printers.

(m) Lagoons, process water treatment equipment, wastewater treatment equipment, and sewage treatment equipment, except for any of the following:

(i) Lagoons and equipment primarily designed to treat volatile organic compounds in process water, wastewater, or groundwater, unless the emissions from the lagoons and equipment are only released into the general in-plant environment.

(ii) Sludge incinerators and dryers.

(iii) Heat treatment processes.

(n) Livestock and livestock handling systems from which the only potential air contaminant emission is odorous gas.

(o) Equipment for handling and drying grain on a farm.

(p) Commercial equipment used for grain unloading, handling, cleaning, storing, loading, or drying in a column dryer that has a column plate perforation of not more than 0.094 inch or a rack dryer in which exhaust gases pass through a screen filter no coarser than 50 mesh.

(q) Portable steam deicers that have a heat input of less than 1,000,000 Btu's per hour.

(r) Equipment used for any of the following metal treatment processes if the process emissions are only released into the general in-plant environment:

(i) Surface treatment.

(ii) Pickling.

(iii) Acid dipping.

(iv) Cleaning.

(v) Etching.

(vi) Electropolishing.

(vii) Electrolytic stripping or electrolytic plating.

(s) Emissions or airborne radioactive materials specifically authorized pursuant to a United States nuclear regulatory commission license.

(t) Equipment for the mining, loading, unloading, and screening of uncrushed sand, gravel, soil, and other inorganic soil-like materials.

(u) Solvent distillation and antifreeze reclamation equipment that has a rated batch capacity of not more than 55 gallons.

(v) Any vapor vacuum extraction soil remediation process where vapor is treated in a control device and all of the vapor is reinjected into the soil such that there are no emissions to the atmosphere during normal operation.

(w) Air strippers controlled by an appropriately designed and operated dual stage carbon adsorption or incineration system that is used exclusively for the cleanup of gasoline, fuel oil, natural gas condensate, and crude oil spills.,provided the following conditions are met:

(i) For dual stage carbon adsorption, the first canister of the dual stage carbon adsorption is monitored for breakthrough at least once every 2 weeks and replaced if breakthrough is detected.

(ii) For incineration, a thermal oxidizer (incinerator) is operated at a minimum temperature of 1,400 degrees Fahrenheit in the combustion chamber and a catalytic oxidizer is operated at a minimum temperature of 600 degrees Fahrenheit at the inlet of the catalyst bed. A temperature indication device which continually displays the operating temperature of the oxidizer must be installed, maintained, and operated in accordance with the manufacturer’s specifications.

(x) Any asbestos removal or stripping process or process equipment.

(y) Ozonization process or process equipment.

(z) Combustion of boiler cleaning solutions that were solely used for or intended for cleaning internal surfaces of boiler tubes and related steam and water cycle components if the solution burned is not designated, by listing or specified characteristic, as hazardous pursuant to federal regulations or state rules.

(aa) Landfills and associated flares and leachate collection and handling equipment.

(bb) A residential, municipal, commercial, or agricultural composting process or process equipment.

(cc) Gun shooting ranges controlled by appropriately designed and operated highefficiency particulate filters.

(dd) Equipment for handling, conveying, cleaning, milling, mixing, cooking, drying, coating, and packaging grain-based food products and ingredients which meet any of the following:

(i) Equipment is used on a nonproduction basis.

(ii) Equipment has emissions that are released only into the general in-plant environment.

(iii) Equipment has externally vented emissions controlled by baghouse, cyclone, rotoclone, or scrubber which is installed, maintained, and operated in accordance with the manufacturer’s specifications or the owner or operator shall develop a plan that provides to the extent practicable for the maintenance and operation of the equipment in the manner consistent with good air pollution control practices for minimizing emissions. The air cleaning device shall be equipped with a device to monitor appropriate indicators of performance, for example, static pressure drop, water pressure, and water flow rate.

(ee) Open burning as specified in R 336.1310.

(ff) Fire extinguisher filling, testing, spraying, and repairing.

(gg) Equipment used for chipping, flaking, or hogging wood or wood residues that are not demolition waste materials.

(hh) A process that uses only hand-held aerosol spray cans, including the puncturing and disposing of the spray cans.

(ii) Fuel cells that use phosphoric acid, molten carbonate, proton exchange membrane, or solid oxide or equivalent technologies.

(jj) Any vacuum truck used at a remediation site as a remedial action method, such as non-emergency response, used in a manner described by any of the following:

(i) It is not used more than 2 days in a month without organic compound emission control.

(ii) It is not used more than 6 days in a month and organic compound emissions are controlled with at least 90% efficiency.

(iii) The composition of the material being removed is greater than 90% water.

(kk) Air sparging systems where the sparged air is emitted back to the atmosphere only by natural diffusion through the contaminated medium and covering soil or other covering medium.

(ll) Air separation or fractionation equipment used to produce nitrogen, oxygen, or other atmospheric gases.

(mm) Routine and emergency venting of natural gas from transmission and distribution systems or field gas from gathering lines which meet any of the following:

(i) Routine or emergency venting of natural gas or field gas in amounts less than or equal to 1,000,000 standard cubic feet per event. For purposes of this rule, an emergency is considered an unforeseen event that disrupts normal operating conditions and poses a threat to human life, health, property or the environment if not controlled immediately.

(ii) Venting of natural gas in amounts greater than 1,000,000 standard cubic feet for routine maintenance or relocation of transmission and distribution systems provided that both of the following requirements are met:

(A) The owner or operator notifies the department prior to a scheduled pipeline venting.

(B) The venting includes, at a minimum, measures to assure safety of employees and the public, minimize impacts to the environment, and provide necessary notification in accordance with the Michigan gas safety standards, the federal pipeline and hazardous materials safety administration standards, and the federal energy regulatory commission standards, as applicable.

(iii) Venting of field gas in amounts greater than 1,000,000 standard cubic feet for routine maintenance or relocation of gathering pipelines provided that both of the following are met:

(A) The owner or operator notifies the department prior to a scheduled pipeline venting.

(B) The venting includes, at a minimum, measures to assure safety of employees and the public, minimize impacts to the environment, and provide necessary notification in accordance with the Michigan department of environmental quality, office of oil, gas and minerals, and the Michigan public service commission standards, as applicable.

(iv) Emergency venting of natural gas or field gas in amounts greater than 1,000,000 standard cubic feet per event, provided that the owner or operator notifies the pollution emergency alert system within 24 hours of an emergency pipeline venting. For purposes of this rule, an emergency is considered an unforeseen event that disrupts normal operating conditions and poses a threat to human life, health, property or the environment if not controlled immediately.

(nn) Craft distillery operations if all of the following are met:

(i) Production of all spirits does not exceed 1,500 gallons per month, as produced.

(ii) Monthly production records are maintained on file for the most recent 5-year period and are made available to the department upon request.

(oo) Equipment or systems, or both, used exclusively to mitigate vapor intrusion of an indoor space that is not on the property where the release of the hazardous substance occurred, and which has an exhaust that meets all of the following requirements:

(i) Unobstructed vertically upward.

(ii) At least 12 inches above the nearest eave of the roof or at least 12 inches above the surface of the roof at the point of penetration.

(iii) More than 10 feet above the ground.

(iv) More than 2 feet above or more than 10 feet away from windows, doors, other buildings, and other air intakes.

(3) For the purposes of this rule, “meaningful” with respect to toxic air contaminant emissions is defined as follows:

(a) “Meaningful change in the quality and nature” means a change in the toxic air contaminants emitted that results in an increase in the cancer or non-cancer hazard potential that is 10% or greater, or which causes an exceedance of a permit limit. The hazard potential is the value calculated for each toxic air contaminant involved in the proposed change, before and after the proposed change, and it is the potential to emit (hourly averaging time) divided by the initial risk screening level or the adjusted annual initial threshold screening level (ITSL), for each toxic air contaminant and screening level involved in the proposed change. The adjusted annual ITSL is the ITSL that has been adjusted as needed to an annual averaging time utilizing averaging time conversion factors in accordance with the models and procedures in 40 C.F.R §51.160(f) and Appendix W, adopted by reference in R 336.1902. The percent increase in the hazard potential is determined from the highest cancer and non-cancer hazard potential before and after the proposed change. The potential to emit before the proposed change is the baseline potential to emit established in an approved permit to install application on or after April 17, 1992, that has not been voided or revoked, unless it has been voided due to incorporation into a renewable operating permit.

(b) “Meaningful increase in the quantity of the emission” means an increase in the potential to emit (hourly averaging time) of a toxic air contaminant that is 10% or greater compared to a baseline potential to emit, or which results in an increase in the cancer or non-cancer hazard potential that is 10% or greater, or which causes an exceedance of a permit limit. The baseline is the potential to emit established in an approved permit to install application on or after April 17, 1992 that has not been voided or revoked, unless it has been voided due to incorporation into a renewable operating permit.

Editor's Note: An obvious error in R 336.1285 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Annual Administrative Code Supplement, 2019. The memorandum requesting the correction was published in Michigan Register, 2022 MR 2.

**History**
- *History: 1979 AC; 1992 AACS; 1993 AACS; 1995 AACS; 1997 AACS; 2003 AACS; 2008 AACS; 2016 AACS; 2019 AACS.*

##### **Mich. Admin. Code R 336.1286** Permit to install exemptions; plastic processing equipment {#sec-r-336.1286 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1286}

Rule 286. (1) This rule does not apply if prohibited by R 336.1278 and unless the requirements of R 336.1278a have been met.

(2) The requirement of R 336.1201(1) to obtain a permit to install does not apply to any of the following:

(a) Plastic extrusion, rotocasting, and pultrusion equipment and associated plastic resin handling, storage, and drying equipment.

(b) Plastic injection, compression, and transfer molding equipment and associated plastic resin handling, storage, and drying equipment.

(c) Plastic blow molding equipment and associated plastic resin handling, storage, and drying equipment if the blowing gas is 1 or more of the following gasses:

(i) Air.

(ii) Nitrogen.

(iii) Oxygen.

(iv) Carbon dioxide.

(v) Helium.

(vi) Neon.

(vii) Argon.

(viii) Krypton.

(ix) Xenon.

(d) Plastic thermoforming equipment.

(e) Reaction injection molding (open or closed mold) and slabstock/casting equipment.

(f) Plastic welding.

**History**
- *History: 1993 AACS; 1995 AACS; 1997 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 336.1287** Permit to install exemptions; surface coating equipment {#sec-r-336.1287 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1287}

Rule 287. (1) This rule does not apply if prohibited by R 336.1278 and unless the requirements of R 336.1278a have been met.

(2) The requirement of R 336.1201(1) to obtain a permit to install does not apply to any of the following:

(a) An adhesive coating line which has an application rate of less than 2 gallons per day and which has emissions that are released only into the general in-plant environment.

(b) A surface coating process that uses only hand-held aerosol spray cans, including the puncturing and disposing of the spray cans, or other coatings that are manually applied from containers not to exceed 8 ounces in size.

(i) The coating use rate is not more than 200 gallons, as applied, minus water, per month.

(ii) Any exhaust system that serves only coating spray equipment is supplied with a dry filter control or water wash control which is installed, maintained, and operated in accordance with the manufacturer’s specifications, or the owner or operator develops a plan which provides to the extent practicable for the maintenance and operation of the equipment in a manner consistent with good air pollution control practices for minimizing emissions.

(iii) Monthly coating use records are maintained on file for the most recent 2-year period and are made available to the department upon request.

(d) A powder coating booth and associated ovens, where the booth is equipped with fabric filter control. The fabric filter control shall be installed, maintained, and operated in accordance with the manufacturer’s specifications or the owner or operator shall develop a plan that provides to the extent practicable for the maintenance and operation of the equipment in a manner consistent with good air pollution control practices for minimizing emissions.

(e) A silkscreen process.

(f) Replacement of waterwash control in a paint spray booth with dry filter control.

(g) Adding dry filters to paint spray booths.

(h) Replacement of a coating applicator system with a coating applicator system that has an equivalent or higher design transfer efficiency, unless the change is specifically prohibited by a permit condition.

(i) Equipment that is used for the application of a hot melt adhesive.

(j) Portable equipment that is used for on-site nonproduction painting.

(k) Mixing, blending, or metering operations associated with a surface coating line.

**History**
- *History: 1993 AACS; 1995 AACS; 1997 AACS; 2003 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 336.1288** Permit to install exemptions; oil and gas processing equipment {#sec-r-336.1288 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1288}

Rule 288. (1) This rule does not apply if prohibited by R 336.1278 and unless the requirements of R 336.1278a have been met.

(2) The requirement of R 336.1201(1) to obtain a permit to install does not apply to any of the following:

(a) Gas odorizing equipment.

(b) A glycol dehydrator that meets either of the following conditions:

(i) It is located at an oil well site and is controlled by a condenser or by other control equipment of equivalent or better efficiency than the condenser.

(ii) It is located at a site or facility that only processes natural gas from the Antrim zone.

(d) Equipment for the separation or fractionation of sweet natural gas, but not including natural gas sweetening equipment.

(e) Equipment that is used for oil and gas well drilling, testing, completion, rework, and plugging activities.

**History**
- *History: 1993 AACS; 1995 AACS; 2008 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 336.1289** Permit to install exemptions; asphalt and concrete production equipment {#sec-r-336.1289 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1289}

Rule 289. (1) This rule does not apply if prohibited by R 336.1278 and unless the requirements of R 336.1278a have been met.

(2) The requirement of R 336.1201(1) to obtain a permit to install does not apply to any of the following:

(a) A cold feed aggregate bin for asphalt and concrete production equipment.

(b) A liquid asphalt storage tank that is controlled by an appropriately designed and operated vapor condensation and recovery system or an equivalent control system.

(c) An asphalt concrete storage silo that has all its emissions vented back into the burning zone of the kiln or that has an equivalent control system.

(d) A concrete batch plant that meets all of the following requirements:

(i) The plant shall produce not more than 200,000 cubic yards per year.

(ii) The plant shall use a fabric filter dust collector, a slurry mixer system, a drop chute, a mixer flap gate, or an enclosure for truck loading operations.

(iii) All cement handling operations, such as silo loading and cement weighing hoppers, shall either be enclosed by a building or equipped with a fabric filter dust control.

(iv) The owner or operator shall keep monthly records of the cubic yards of concrete produced.

(v) Before commencing operations, the owner or operator shall notify the appropriate district supervisor of the location where the concrete batch plant will be operating under this exemption.

(vi) The concrete batch plant shall be located not less than 250 feet from any residential or commercial establishment or place of public assembly unless all of the cement handling operations, excluding the cement silo storage and loading operations, are enclosed within at least a 3-sided structure.

(vii) The owner or operator shall implement the following fugitive dust plan:

(A) The drop distance at each transfer point shall be reduced to the minimum the equipment can achieve.

(B) On-site vehicles shall be loaded to prevent their contents from dropping, leaking, blowing, or otherwise escaping. This shall be accomplished by loading so that no part of the load shall come in contact within 6 inches of the top of any sideboard, side panel, or tailgate. Otherwise, the truck shall be tarped.

(1) The dust on the site roadways and the plant yard shall be controlled by applications of water, calcium chloride, or other acceptable and approved fugitive dust control compounds.

Applications of dust suppressants shall be done as often as necessary to meet an opacity limit of 5%.

(2) All paved roadways and plant yards shall be swept as needed between applications.

(3) Any material spillage on roads shall be cleaned up immediately.

(4) A record of all applications of dust suppressants and roadway and plant yard sweepings shall be kept for the most recent 5-year period and be made available to the department upon request.

(D) All of the following provisions apply for storage piles:

(1) Stockpiling of all nonmetallic minerals shall be performed to minimize drop distance and control potential dust problems.

(2) Stockpiles shall be watered on an as-needed basis in order to meet an opacity limit of 5%. Equipment to apply water or dust suppressant shall be available at the site or on call for use at the site within a given operating day.

(3) A record of all watering shall be kept on file for the most recent 5-year period and be made available to the department upon request.

(E) The provisions and procedures of this fugitive dust plan are subject to adjustment by written notification from the department if, following an inspection, the department determines the fugitive dust requirements or permitted opacity limits are not being met.

**History**
- *History: 1993 AACS; 1995 AACS; 2003 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 336.1290** Permit to install exemptions; emission units with limited emissions {#sec-r-336.1290 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1290}

Rule 290. (1) This rule does not apply if prohibited by R 336.1278 and unless the requirements of R 336.1278a have been met.

(2) The requirement of R 336.1201(1) to obtain a permit to install does not apply to any of the emission units listed in subdivision (a) of this subrule, if the conditions listed in subdivisions (b), (c), (d), and (e) of this subrule are met. Notwithstanding the definition in R 336.1121(a), for the purpose of this rule, uncontrolled emissions are the emissions from an emission unit based on actual operation, not taking into account any emission control equipment. Controlled emissions are the emissions from an emission unit based on actual operation, taking into account the control equipment.

(a) An emission unit which meets any of the following criteria:

(i) Any emission unit that emits only noncarcinogenic volatile organic compounds or noncarcinogenic materials that are listed in R 336.1122(f) as not contributing appreciably to the formation of ozone, if the total uncontrolled or controlled emissions of air contaminants are not more than 1,000 or 500 pounds per month, respectively.

(ii) Any emission unit for which the CO equivalent emissions are not more than 6,250 tons per months, the uncontrolled or controlled emissions of all other air contaminants are not more than 1,000 or 500 pounds per month, respectively, and all of the following criteria are met:

(A) For toxic air contaminants, excluding noncarcinogenic volatile organic compounds and noncarcinogenic materials that are listed in R 336.1122(f) as not contributing appreciably to the formation of ozone, with initial threshold screening levels greater than or equal to 0.04 micrograms per cubic meter and less than 2.0 micrograms per cubic meter, the total uncontrolled or controlled emissions shall not exceed 20 or 10 pounds per month, respectively.

(B) For toxic air contaminants with initial risk screening levels greater than or equal to 0.04 micrograms per cubic meter, the total uncontrolled or controlled emissions shall not exceed 20 or 10 pounds per month, respectively.

(C) The emission unit shall not emit any toxic air contaminants, excluding noncarcinogenic volatile organic compounds and noncarcinogenic materials that are listed in R 336.1122(f) as not contributing appreciably to the formation of ozone, with an initial threshold screening level or initial risk screening level less than 0.04 micrograms per cubic meter.

(D) For total mercury, the uncontrolled or controlled emissions shall not exceed 0.01 pounds per month.

(E) For lead, the uncontrolled or controlled emissions shall not exceed 16.7 pounds per month.

(iii) Any emission unit that emits only particulate air contaminants without initial risk screening levels and other air contaminants that are exempted under paragraph (i) or (ii) of this subdivision if all of the following provisions are met:

(A) The particulate emissions are controlled by an appropriately designed and operated fabric filter collector or an equivalent control system that is designed to control particulate matter to a concentration of less than or equal to 0.01 pounds of particulate per 1,000 pounds of exhaust gases and that do not have an exhaust gas flow rate more than 30,000 actual cubic feet per minute.

(B) The visible emissions from the emission unit are not more than 5% opacity in accordance with the methods contained in R 336.1303.

(C) The initial threshold screening level for each particulate toxic air contaminant, excluding nuisance particulate, is more than 2.0 micrograms per cubic meter.

(b) The following requirements apply to emission units utilizing control equipment:

(i) An air cleaning device for volatile organic compounds shall be installed, maintained, and operated in accordance with the manufacturer’s specifications. Examples include the following:

(A) Oxidizers and condensers equipped with a continuously displayed temperature indication device.

(B) Wet scrubbers equipped with a liquid flow rate monitor.

(C) Dual stage carbon absorption where the first canister is monitored for breakthrough and replaced if breakthrough is detected.

(ii) An air cleaning device for particulate matter shall be installed, maintained, and operated in accordance with the manufacturer’s specifications or the owner or operator shall develop a plan that provides to the extent practicable for the maintenance and operation of the equipment in the manner consistent with good air pollution control practices for minimizing emissions. It shall also be equipped to monitor appropriate indicators of performance, for example, static pressure drop, water pressure, and water flow rate.

(d) Records of material use and calculations identifying the quality, nature, and quantity of the air contaminant emissions are maintained in sufficient detail to demonstrate that the emissions meet the emission limits outlined in this rule. Volatile organic compound emissions shall be calculated using mass balance, generally accepted engineering calculations, or another method acceptable to the department.

(e) The records are maintained on file for the most recent 2-year period and are made available to the department upon request.

**History**
- *History: 1993 AACS; 1995 AACS; 1997 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 336.1291** Permit to install exemptions; emission units with “de minimis” emissions {#sec-r-336.1291 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1291}

Rule 291. (1) This rule does not apply if prohibited by R 336.1278 and unless the requirements of R 336.1278a have been met.

(2) The requirement of R 336.1201(1) to obtain a permit to install does not apply to any emission unit in which potential emissions meet the conditions listed in subdivisions (a) to (d) of this subrule and table 23 for all air contaminants listed. In addition, records shall be maintained in accordance with subdivisions (e) and (f) of this subrule.

(a) The combined potential emissions of all toxic air contaminants with screening levels greater than or equal to 0.04 micrograms per cubic meter and less than 2 micrograms per cubic meter shall not exceed 0.12 tons per year.

(b) The combined potential emissions of all toxic air contaminants with screening levels greater than or equal to 0.005 micrograms per cubic meter and less than 0.04 micrograms per cubic meter shall not exceed 0.06 tons per year.

(c) The combined potential emissions of all toxic contaminants with screening levels less than 0.005 micrograms per cubic meter shall not exceed 0.006 tons per year.

(d) The emission unit has no potential emissions of asbestos and/or subtilisin proteolytic enzymes.

(e) A description of the emission unit shall be maintained throughout the life of the unit.

(f) Documentation and/or calculations identifying the quality, nature, and quantity of the air contaminant emissions are maintained in sufficient detail to demonstrate that the potential emissions are less than those listed in subdivisions (a) to (d) of this subrule and Table 23. Such documentation shall include the toxic air contaminant screening level applicable at the time of installation and/or modification of the emission unit.

Table 23. Potential Emissions from Air Contaminants Air Contaminant Potential Emissions Not to be Exceeded CO equivalent75,000 tons per year CO10 tons per year NO x 10 tons per year SO 10 tons per year VOC (as defined in R 336.1122)5 tons per year PM10 tons per year PM-105 tons per year PM-2.53 tons per year Lead0.1 tons per year Fluorides1 ton per year Sulfuric acid mist0.12 tons per year Hydrogen sulfide2 tons per year Total reduced sulfur 2 tons per year Reduced sulfur compounds2 tons per year Total mercury0.12 pounds per year Total toxic air contaminants not listed in table 23 with any screening level 5 tons per year Total air contaminants not listed in table 23 that are non-carcinogenic and do not have a screening level 6 tons per year

**History**
- *History: 2016 AACS.*

##### **Mich. Admin. Code R 336.1299** Rescinded {#sec-r-336.1299 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1299}

2016 AACS.

**History**
- *History: 1992 AACS; 1995 AACS; 1998-2000 AACS; 2001 AACS; 2003 AACS; 2008 AACS; 2012 AACS;*

### **R 336.1301 to R 336.1374** Part 3. Emission Limitations and Prohibitions-Particulate Matter

##### **Mich. Admin. Code R 336.1301** Standards for density of emissions {#sec-r-336.1301 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1301}

DEPARTMENT OF ENVIRONMENTAL QUALITY

AIR QUALITY DIVISION

AIR POLLUTION CONTROL

(By authority conferred on the director of the department of environmental quality by Part 55, Air Pollution Control, of the Natural Resources and Environmental Protection Act, 1994 PA 451, MCL 324.5501 to 324.5542)

PART 3. EMISSION LIMITATIONS AND PROHIBITIONS--PARTICULATE

MATTER

Rule 301. (1) Except as provided in subrules (2), (3), and (4) of this rule, a person shall not cause or permit to be discharged into the outer air from a process or process equipment a visible emission of a density greater than the most stringent of the following:

(a) A 6-minute average of 20% opacity, except for 1 6-minute average per hour of not more than 27% opacity.

(b) A limit specified by an applicable federal new source performance standard.

(2) The provisions of this rule shall not apply to any process or process equipment for which fugitive visible emission limitations are specified in any other administrative rule of the department.

(3) The provisions of subrule (1) of this rule shall not apply to visible emissions due to uncombined water vapor.

(4) Upon request by the owner of a process or process equipment for which an allowable particulate emission rate is established by R 336.1331, the department may establish an alternate opacity. Such alternate opacity shall not be established by the department unless the department is reasonably convinced of all of the following:

(a) That the process or process equipment subject to the alternate opacity is in compliance or on a legally enforceable schedule of compliance with the other rules of the department.

(b) That compliance with the provisions of subrule (1) of this rule is not technically or economically reasonable.

(c) That reasonable measures to reduce opacity have been implemented or will be implemented in accordance with a schedule approved by the department.

**History**
- *History: 1980 AACS; 1985 AACS; 2002 AACS.*

##### **Mich. Admin. Code R 336.1302** Rescinded {#sec-r-336.1302 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1302}

**History**
- *History: 1980 AACS; 1985 AACS.*

##### **Mich. Admin. Code R 336.1303** Grading visible emissions {#sec-r-336.1303 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1303}

Rule 303. The opacity of a visible emission shall be determined by a qualified observer and shall be certified in accordance with, and using the procedures specified in, reference method 9 or an alternative method ap-proved by the department.

**History**
- *History: 1980 AACS; 1985 AACS; 2002 AACS.*

##### **Mich. Admin. Code R 336.1310** Open burning {#sec-r-336.1310 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1310}

Rule 310. (1) A person shall not cause or permit open burning of refuse, garbage, or any other waste materials, except for the burning of any of the following:

(a) Waste disposal material from and at 1- or 2-family dwellings that does not contain plastic, rubber, foam, chemically treated wood, textiles, electronics, chemicals, or hazardous materials, if the burning does not violate any other department rules.

(b) Structures and other materials used exclusively for fire prevention training.

(c) Trees, logs, brush, and stumps in accordance with applicable state and local regulations if the burning is not conducted within a priority I area as listed in table 33, a priority II area as listed in table 34, nor closer than 1400 feet to an incorporated city or village limit and if the burning does not violate any other department rules.

(d) Beekeeping equipment and products, including frames, hive bodies, hive covers, combs, wax, and honey, if burned for bee disease control.

(e) Logs, brush, charcoal, and similar materials that are used in preparing food or for recreation.

(f) Wooden fruit or vegetable storage bins constructed from untreated lumber if both of the following requirements are met:

(i) The burning is conducted for disease or pest control.

(ii) The burning is not conducted at any of the following locations:

(A) Within a priority I area as listed in table 33 or a priority II area as listed in table 34.

(B) In a city or village.

(2) The exceptions specified in subrule (1) of this rule do not authorize open burning if prohibited by local law or regulation.

**History**
- *History: 1980 AACS; 1999 AACS; 2013 AACS.*

##### **Mich. Admin. Code R 336.1320** Rescinded {#sec-r-336.1320 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1320}

**History**
- *History: 1980 AACS; 1985 AACS; 2002 AACS.*

##### **Mich. Admin. Code R 336.1330** Rescinded {#sec-r-336.1330 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1330}

**History**
- *History: 1980 AACS; 1985 AACS; 2002 AACS; 2013 AACS.*

##### **Mich. Admin. Code R 336.1331** Emission of particulate matter {#sec-r-336.1331 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1331}

Rule 331. (1) It is unlawful for a person to cause or allow the emission of particulate matter from any process or process equipment in excess of any of the following limits:

(a) The maximum allowable emission rate listed in table 31.

(b) The maximum allowable emission rate listed by the department on its own initiative or by application. A new listed value shall be based upon the control results achievable with the application of the best technically feasible, practical equipment available. This applies only to processes and process equipment not assigned a specific emission limit in table 31.

(d) The maximum allowable emission rate specified in a voluntary agreement, performance contract, stipulation, or an order of the department.

(e) The maximum allowable emission rate as determined by table 32 for processes and process equipment not covered in subdivisions (a) to (d) of this subrule.

(2) Compliance with any emission limit required by this rule shall be determined by using the corresponding reference test method specified in table 31 or the reference test method deemed appropriate by the department for processes or process equipment not listed in table 31.

(3) Tables 31, 32, 33, 34, and figure 31 read as follows:

TABLE 31

Particulate matter emission schedule Process or process equipment Capacity rating for each unit Maximum allowable emission at operating conditions (lbs. Particulate/1,000 lbs. gas except as noted)

Applicable reference test method A.Fuelburning equipment 1. Pulverized coal (includes cyclone furnaces) 0-1,000,000 lbs. steam per hour.

Over 1,000,000 lbs.

Steam per hour See figure 31 for maximum emission limit.

Apply to department for specific emission limit. 5B or 5C 2. Other modes of firing coal (other than pulverized) 0-100,000 lbs. steam per hour. 100,000-300,000 lbs. steam per hour.

Over 300,000 lbs. steam per hour. 0.65 until superseded by A.3 and A.4. 0.65 - 0.45 Apply to department for specific emission limit. 5B or 5C 3. Other modes of firing coal (other than pulverized)

Existing fuel-burning equipment which is in a single structure and which has a combined coal-fired existing capacity less than 250,000,000 Btu per hour. 0-20,000,000 Btu per hour input. 20,000,001 to 100,000,000 Btu per hour input.

Over 100,000,000 Btu per hour input 0.65 effective immediately. 0.45 compliance shall be achieved as expeditiously as practical, but not later than July 1, 1981. 0.30 compliance shall be achieved as expeditiously as practical, but not later than December 31,1982. 5B or 5C 5B or 5C 5B or 5C 4. Other modes of firing coal (other than pulverized)

Existing fuel-burning equipment which is in a single structure and which has a combined existing capacity equal to or greater than 250,000,000 Btu per hours.

All sizes 0.30 compliance shall be achieved as expeditiously as practical, but not later than December 31, 1982. 5B or 5C Process or process equipment Capacity rating for each unit Maximum allowable emission at operating conditions (lbs. particulate/1,000 lbs. gas except as noted)

Applicable reference test method 5. Other modes of firing coal (new processes or process equipment )

All sizes 0.10 5B or 5C 6. Wood (sawdust, shavings, hogged, other) where heat input of wood fuel greater than 75% of total heat input.

All other combination fuel-burning equipment that uses wood as 1 of the fuels. 0.50 Apply to department for specific emission limit. 5B or 5C 7. Combination fuel-firing or combination fuel/waste-firing (new process or process equipment)

All sizes Apply to department for specific emission limit. 5B or 5C Rating in pounds waste per hour B. Incinerators 1. Residential apartments, commercial and industrial 3, 4 0-100 Over 100 0.65 0.30 5B or 5C 5B or 5C 2. MunicipalAll0.305Bor 5C 3. Pathological 0.20 5B or 5C 4. Manure drying or incineration 40.20 5B or 5C 5. Liquid waste incinerator 0.10 compliance shall be achieved as expeditiously as practical, but not later than December 31, 1982. 5B or 5C 6. Sewage sludge incinerator 0.20 compliance shall be achieved as expeditiously as practical, but not later than December 31, 1982. 5B or 5C Process or process equipment Capacity rating for each unit Maximum allowable emission at operating conditions (lbs. Particulate/1,000 lbs. gas except as noted)

Applicable reference test method C. Steel manufacturing 1. Basicoxygenfurnaces 0.057 5D A.Primary controlequipment B.Secondarycontrolequipment 0.038 5D C. Primary control equipment if also 0.057 5D usedtocontrolchargingand tapping emissions 2.Electric furnaces 0.057 5D A.Primary controlequipment B.Secondarycontrolequipment 0.010 5Dor5E C. Primary control equipment if also 0.010 5D or 5E used to control charging and tapping emissions 3.New sinteringplants 0.067 5Dor5E A. Main windbox B. Discharge 0.038 5D 4.Existing sintering plants A.Mainwindbox&discharge0.125 5D 5. Blast furnaces Blast furnace casthouse air cleaning device 0.02 5D 6. Coke oven combustion stacks 0.095 5D 7. Coke oven push control equipment 0.10 lbs./ton of coke 5D 8. Coke oven quench towers l,500 or1,500 See footnote 16 See footnote 16 9. Scarfing operations 0.057 5D during scarfing operation Process or process equipment Total plant melt rate in tons/hour Maximum allowable emission at operating conditions (lbs. Particulate/1,000 lbs. gas except as noted)

Applicable reference test method D. Ferrous cupola foundry operations 1. Existing production cupolas 0-10 10-20 0.40 0.25 5B or 5C 5Bor 5C Over 200.155Bor 5C 2. Existing jobbing cupolas 0.40 5B or 5C 3. Electric arc melting 0.10 5B or 5C 4. Sand handling 0.10 5B or 5C 5. All new cupolas 0-15 Over 15 1.8 - 0.7 2, 8 0.7 5B or 5C E. Chemical and mineral kilns 0.20 5B or 5C F. Asphalt paving plants 1. Located within a priority I or II area (before January 1, 1980) 0.30 5B or 5C 2. Located within a priority I or II area (after January1, 1980) 0.10 5B or 5C 3. Located outside priority I and II areas 0.30 5B or 5C G. Cement manufacture 1. Kiln -wetor dry process0.255Bor 5C 2. Clinker coolers (before January 1, 1981) 0.30 5B or 5C (after January 1, 1981) 0.10 5B or 5C 3. Grinding, crushing, and other material handling. 0.15 5B or 5C Process or process equipment Gas flow rate (SCFM)

Maximum allowable emission at operating conditions (lbs. Particulate/1,000 lbs. gas except as noted)

Applicable reference test method H.IronorepelletizingOver600,000Applytodepartmentfor 5Bor5C Grate kilns and traveling grates specific emission limit. 300,000-600,000 0.10 100,000-300,0000.155Bor5C 0-100,0000.205Bor5C I. Fertilizer plants (including ammoniator, granulator, reactor, dryer, cooler blender and all other processes Compliance shall be achieved as expeditiously as practical, but not later than January 1, 1981. 0.10 5B or 5C J. Exhaust systems serving material handling equipment not otherwise listed in table 31 Compliance shall be achieved as expeditiously as practical, but not later than July 1, 1981. 0.10 5B or 5C Footnotes:

Fuel burning and incineration limitation shall be calculated to 50% excess air.

Emission limitations for specific ratings are determined by linear interpolation between the ranges shown.

These emission limitations do not apply to domestic incinerators (defined as having not more than 5 cubic feet of storage capacity.

Afterburner or approved equivalent is mandatory. . Differentiation between jobbing and production foundries.

Cupolas used in a jobbing foundry are the same as those used in a production foundry and vary in size only according to the quantity of iron melted per hour.

However, the cupolas in a jobbing foundry are run intermittently just long enough at one time to pour the molds that are ready on the foundry floor, job by job. This might be for a 2- to 4-hour period per day for any number of days per week.

Production foundry cupolas melt continuously to pour a succession of molds that are constantly being prepared to reserve this continuous flow of iron. This could become 8 hours, 16 hours, or 24 hours per day for any number of days per week.

New processes or process equipment are defined as those for which the permit to install was issued after January 18, 1980. . Any existing cupolas are considered to be in compliance with table 31 of R 336.1331 if they meet the particulate emission limit for new cupolas.

Pounds of particulate per ton of charged material.

Milligrams per liter of total dissolved solids in the quench water.

Milligrams per liter of total dissolved solids in the make-up water.

Compliance shall be determined by means of a comparison between the emission limit and the measured emission rate calculated on a dry basis (pounds particulate per 1,000 pounds dry gas).

"Primary control equipment", as applied to basic oxygen furnaces, means the control equipment designed to capture and control particulate emissions during oxygen blowing.

"Secondary control equipment", as applied to basic oxygen furnaces, means the control equipment designed to capture and control particulate emissions during process steps other than oxygen blowing.

"Primary control equipment", as applied to electric furnaces, means the control equipment designed to capture and control particulate emissions during meltdown and refining.

"Secondary control equipment", as applied to electric furnaces, means the control equipment designed to capture and control particulate emissions during process steps other than meltdown and refining.

"Standard Methods for the Examination of Water and Wastewater" (14th edition) section 208C, as modified in R 336.3033, shall be used as the applicable test method.

The mass emission limit specified is not applicable where fume suppression technology, approved by the commission, is used to control blast furnace casthouse emissions.

TABLE 32

Allowablerate of emission basedonprocessweightrate a ProcessweightrateRate of Emission ProcessweightrateRate of emission Lb/hrTons/hrLb/hrLb/hrTons/hrLb/hr 1000.050.5516,0008.016.5 2000.100.8818,0009.017.9 4000.201.4020,00010.019.2 6000.301.8330,00015.025.2 8000.402.2240,00020.030.5 1,0000.502.5850,00025.035.4 1,5000.753.3860,00030.040.0 2,0001.004.1070,00035.041.3 2,5001.254.7680,00040.042.5 3,0001.505.3890,00045.043.6 3,5001.755.95100,00050.044.6 4,0002.006.52120,00060.046.3 5,0002.507.58140,00070.047.8 6,0003.008.56160,00080.049.0 7,0003.509.49200,000100.051.2 8,0004.0010.401,000,000500.069.0 9,0004.5011.202,000,0001,000.077.6 10,0005.0012.006,000,0003,000.092.7 12,0006.0013.60 a Interpolation of the data in this table for process weight rates up to 60,000 lb/hr shall be accomplished by use of the equation E = 4.10 P 0.67 and interpolation and extrapolation of the data for process weight rates in excess of 60,000 lb/hr shall be accomplished by use of the equation E = 55.0 P 0.11 - 40, where E = rate of emission in lb/hr and P = process weight in tons/hr.

Process weight -- The total amount of all material introduced into a process, including solid fuels, but excluding liquid fuels and gaseous fuels when these are used as fuels and air introduced for purposes of combustion.

Process weight rate -- For continuous or long-term operation: The total process weight for the entire period of operation or for a typical portion thereof, divided by the number of hours of such period or portion thereof. For batch operations: The total process weight for a period which covers a complete operation or an integral number of cycles, divided by the hours of actual process operation during such period.

TABLE 33

Priority I areas County Area Calhoun T2S, R4W, Section 34.

Genesee Starting on Industrial Avenue, north to Stewart Avenue, east to Hitchcock Street, south to Olive Avenue (extended), south to Robert T. Longway Boulevard, west and southwest to Industrial Avenue.

Lapeer T7N, R12E, that portion of Section 17 which lies south of M-21 and east of Fairground Road.

Monroe Starting where Sandy Creek empties into Lake Erie, northwest to Maple Avenue (extended north-northeast), southwest to Elm Avenue, west to Herr Road, south to Dunbar Road and east to Plum Creek (which empties into Lake Erie).

Saginaw Starting at Tittabawassee Road, east to I-75, east and south to Washington Avenue, west to 6th Street, north to Carrolton Street, northeast to Zilwaukee Street, north to Westervelt Street, north to Tittabawassee Road.

Wayne Area included within the following (counter clockwise): Lake St.

Clair to Moross Road to Seven Mile Road to VanDyke Road to Eight Mile Road to Wyoming Road to Seven Mile Road to Schaeffer Road to Fenkell Road to Greenfield Avenue to Joy Road to Southfield Expressway to Ford Road to Telegraph Road to Cherry Hill Road to Beech-Daly Road (extended) to Michigan Avenue to Inkster Road to Carlysle Street to Middle Belt Road to Vanborn Road to Wayne Road to Pennsylvania Road to Middle Belt Road to Sibley Road to Telegraph Road to King Road to Grange Road to Sibley Road to Jefferson Avenue to Bridge Street (Grosse Ile) extended to Detroit River.

TABLE 34

Priority II areas County Area Bay T14N, R5E, Sections 14 to16 and 21 to 23.

Delta T39N, R22W, Sections 19, 30, south one-half of 17, and south onehalf of 18.

Genesee Starting on Industrial Avenue, north to Pierson Road, east to Dort Highway, south to Hitchcock Street, south to Olive Avenue (extended), south to Robert T. Longway Boulevard, west and southwest to Industrial Avenue.

Macomb T4N, R14E, Sections 27, 28, 33, and 34.

Manistee T21N, R16W, Sections 7,18, and 19; T21N, R17W, Sections 12 and 13.

Midland T14N, R2E, Sections 14 to 16, 21 to 23, 26 to 28, and 33 to 35.

Monroe T5S, RIOE, Sections 8, 9, and 15 to 17.

Muskegon T9N, R16W, Sections 5 and 6; T1ON, R16W, Sections 21, 22, and 27 to 34.

Saginaw Northeast section: starting on Tittabawassee Road, east to I-75, south to Wadsworth Avenue, west to I-675, west and north to Tittabawassee Road.

Southwest section: T12N, R4E, the eastern half of Section 34 (that which is east of Maple Street) and Section 35.

St. Clair T6N, R17E, Sections 2 to 4, 9 to 11, 14 to 16, 21, 22, and 28.

Wayne The area included within the following (counter clockwise): Lake St. Clair to Eight Mile Road to Schaeffer Road to McNichols Road to Greenfield Avenue to Schoolcraft Avenue to Evergreen Road to Joy Road to Telegraph Road to Ford Road to Beech-Daly Road to Cherry Hill Road to Inkster Road to Carlysle Street to Middle Belt Road to VanBorn Road to Wayne Road to Ecorse Road to Haggerty Highway to Tyler Road to Belleville Road to I-94 to Rawsonville Road to Oakville Waltz Road to Will Carleton Road to the Huron River to Lake Erie, except subarea listed in table 33.

**History**
- *History: 1980 AACS; 1985 AACS; 1992 AACS; 2002 AACS.*

##### **Mich. Admin. Code R 336.1349** Rescinded {#sec-r-336.1349 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1349}

**History**
- *History: 1980 AACS; 2012 AACS.*

##### **Mich. Admin. Code R 336.1350** Emissions from larry-car charging of coke ovens {#sec-r-336.1350 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1350}

Rule 350. (1) During a charging period of a coke oven, a person shall not cause or permit to be discharged into the outer air any visible emission from any larry-car or charging holes, except that a visible emission may be emitted for a period or periods aggregating 100 seconds during any 4 consecutive charging periods on a coke battery.

(2) Compliance with the limit specified in this rule shall be determined using reference test method 9B.

**History**
- *History: 1980 AACS; 1985 AACS.*

##### **Mich. Admin. Code R 336.1351** Charging hole emissions from coke ovens {#sec-r-336.1351 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1351}

Rule 351. (1) A person shall not cause or permit to be discharged into the outer air any visible emission from any coke oven charging hole, except that visible emissions may be emitted from not more than 4% of all charging holes on a coke battery.

(2) Compliance with the limit specified in this rule shall be determined using reference test method 9B.

**History**
- *History: 1980 AACS; 1985 AACS.*

##### **Mich. Admin. Code R 336.1352** Pushing operation fugitive emissions from coke ovens {#sec-r-336.1352 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1352}

Rule 352. (1) During a pushing operation, a person shall not cause or permit to be discharged into the outer air, from any opening between the oven and the coke-receiving car or from the coke-receiving car, a visible emission with a density of more than 25% opacity, except that 1 pushing operation of any 8 consecutively observed pushing operations shall be permitted to exceed this requirement.

(2) A person shall not cause or permit to be discharged into the outer air, from the coke in any coke-receiving car as it travels from the oven to the quench tower, a visible emission with a density of more than 25% opacity, except that 1 trip to the quench tower in any 8 consecutively observed trips per battery shall be permitted to exceed this requirement.

(3) Compliance with the limits specified in this rule shall be determined using reference test method 9B.

**History**
- *History: 1980 AACS; 1985 AACS.*

##### **Mich. Admin. Code R 336.1353** Standpipe assembly emissions during coke cycle from coke ovens {#sec-r-336.1353 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1353}

Rule 353. (1) During a coking cycle, a person shall not cause or permit to be discharged into the outer air any visible emission from any standpipe assembly, except that visible emissions may be emitted from a number of standpipe assembly emission points on the coking cycle not to exceed 4% of all standpipe assembly emission points on the operating ovens of a coke battery.

(2) Compliance with the limit specified in this rule shall be determined using reference test method 9B.

**History**
- *History: 1980 AACS; 1985 AACS.*

##### **Mich. Admin. Code R 336.1354** Standpipe assembly emissions during decarbonization from coke ovens {#sec-r-336.1354 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1354}

Rule 354. A person shall not cause or permit any standpipe lid to be open for decarbonization on any coke oven which is more than 3 ovens ahead of the oven being pushed.

**History**
- *History: 1980 AACS; 1985 AACS.*

##### **Mich. Admin. Code R 336.1355** Coke oven gas collector main emissions from coke ovens {#sec-r-336.1355 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1355}

Rule 355. A person shall not cause or permit to be discharged to the outer air any visible emission from the coke oven gas collector main, except when spooning the main or when the emergency relief valve opens.

**History**
- *History: 1980 AACS; 1985 AACS.*

##### **Mich. Admin. Code R 336.1356** Coke oven door emissions from coke ovens; doors that are 5 meters or shorter {#sec-r-336.1356 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1356}

Rule 356. (1) A person shall not cause or permit to be discharged into the outer air any visible emission from any pushside door, cokeside door, or leveling door serving a coke oven equipped with doors that are 5 meters or shorter, with the following exceptions:

(a) A visible emission may be emitted from not more than 10% of the total pushside doors on the coke battery.

(b) A visible emission may be emitted from not more than 10% of the total cokeside doors on the coke battery.

(2) Visible emissions emanating from the doors of a coke oven that has been pipeline charged within 1 hour of the time of observation shall not be considered when calculating the percentage of doors leaking.

(3) Compliance with the limits specified in subrule (1) of this rule shall be determined using reference test method 9B.

**History**
- *History: 1980 AACS; 1985 AACS.*

##### **Mich. Admin. Code R 336.1357** Coke oven door emissions from coke ovens; doors that are taller than 5 meters {#sec-r-336.1357 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1357}

Rule 357. (1) A person shall not cause or permit to be discharged into the outer air any visible emission from any pushside door, cokeside door, or leveling door serving a coke oven equipped with doors that are taller than 5 meters, with the following exceptions:

(a) A visible emission may be emitted from not more than 12% of the total pushside doors on the coke battery.

(b) A visible emission may be emitted from not more than 12% of the total cokeside doors on the coke battery.

(2) A person shall not cause or permit the operation of a coke battery equipped with coke oven doors taller than 5 meters, unless both of the following provisions are met:

(a) There is access to a facility to maintain and repair doors and buckstays.

(b) An inventory of cleaned and repaired doors is maintained to comply with all of the following:

(i) The number of inventoried pushside doors exceeds 5% of the number of pushside doors in service.

(ii) The number of inventoried cokeside doors exceeds 5% of the number of cokeside doors in service.

(iii) The number of inventoried leveling doors exceeds 5% of the number of leveling doors in service.

(3) Compliance with the limits specified in subrule (1) of this rule shall be determined using reference test method 9B.

**History**
- *History: 1980 AACS; 1985 AACS.*

##### **Mich. Admin. Code R 336.1358** Roof monitor visible emissions at steel manufacturing facilities from electric arc furnaces and blast furnaces {#sec-r-336.1358 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1358}

Rule 358. (1) A person shall not cause or permit to be discharged to the outer air, at a steel manufacturing facility, from a roof monitor source of emission of an electric arc furnace, or a blast furnace, a visible emission with a density of more than 20% opacity.

(2) Compliance with the limit of this rule shall be determined using reference test method 9 as described in R 336.2004(1)(l).

Editor's Note: Pursuant to section 56 of Act No. 306 of the Public Acts of 1969, as amended, being S24.256 of the Michigan Compiled Laws, this rule is being published to correct an obvious error. R 336.1358(2) now reads:"(2) Compliance with the limit of this rule shall be determined using reference test method 9 described in R 336.2004(1)(l)."

**History**
- *History: 1985 AACS; 1998-2000 AACS.*

##### **Mich. Admin. Code R 336.1359** Visible emissions from scarfer operation stacks at steel manufacturing facilities {#sec-r-336.1359 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1359}

Rule 359. (1) A person shall not cause or permit to be discharged to the outer air, from a scarfer operation stack at a steel manufacturing facility, a visible emission with a density of more than 25% opacity.

(2) Compliance with the limit of this rule shall be determined using reference test method 9A.

**History**
- *History: 1985 AACS.*

##### **Mich. Admin. Code R 336.1360** Visible emissions from coke oven push stacks {#sec-r-336.1360 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1360}

Rule 360. (1) A person shall not cause or permit to be discharged to the outer air, from a coke oven push stack, a visible emission with a density of more than 20% opacity.

(2) Compliance with the limit specified in this rule shall be determined using reference test method 9B.

**History**
- *History: 1985 AACS.*

##### **Mich. Admin. Code R 336.1361** Visible emissions from blast furnace casthouse operations at steel manufacturing facilities {#sec-r-336.1361 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1361}

Rule 361. (1) A person shall not cause or permit to be discharged to the outer air from a blast furnace stack a visible emission with a density of more than 10% opacity.

(2) Compliance with the limit of this rule shall be determined using reference method 9 as described in R 336.2004(1)(l).

Editor's Note: Pursuant to section 56 of Act No. 306 of the Public Acts of 1969, as amended, being S24.256 of the Michigan Compiled Laws, this rule is being published to correct an obvious error. R 336.1361 now reads:"(2) Compliance with the limit of this rule shall be determined using reference test method 9 described in R 336.2004(1)(l)."

**History**
- *History: 1985 AACS; 1998-2000 AACS.*

##### **Mich. Admin. Code R 336.1362** Visible emissions from electric arc furnace operations at steel manufacturing facilities {#sec-r-336.1362 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1362}

Rule 362. (1) A person shall not cause or permit to be discharged to the outer air, from an electric arc furnace stack, a visible emission with a density of more than 10% opacity.

(2) Compliance with the limit of this rule shall be determined using reference method 9 as described in R 336.2004(1)(l).

Editor's Note: Pursuant to section 56 of Act No. 306 of the Public Acts of 1969, as amended, being S24.256 of the Michigan Compiled Laws, this rule is being published to correct an obvious error. R 336.1362 now reads:"(2) Compliance with the limit of this rule shall be determined using reference test method 9 described in R 336.2004(1)(l)."

**History**
- *History: 1985 AACS; 1998-2000 AACS.*

##### **Mich. Admin. Code R 336.1363** Visible emissions from argon-oxygen decarburization operations at steel manufacturing facilities {#sec-r-336.1363 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1363}

Rule 363. (1) A person shall not cause or permit to be discharged to the outer air, from an argon-oxygen decarburization stack, a visible emission with a density of more than 10% opacity.

(2) Compliance with the limit of this rule shall be determined using reference method 9 as described in R 336.2004(1)(l).

Editor's Note: Pursuant to section 56 of Act No. 306 of the Public Acts of 1969, as amended, being S24.256 of the Michigan Compiled Laws, this rule is being published to correct an obvious error. R 336.1363 now reads:"(2) Compliance with the limit of this rule shall be determined using reference test method 9 described in R 336.2004(1)(l)."

**History**
- *History: 1985 AACS; 1998-2000 AACS.*

##### **Mich. Admin. Code R 336.1364** Visible emissions from basic oxygen furnace operations {#sec-r-336.1364 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1364}

Rule 364. (1) A person shall not cause or permit to be discharged to the outer air, from a basic oxygen furnace secondary control device, a visible emission with a density of more than 20% opacity.

(2) A person shall not cause or permit to be discharged to the outer air, from a basic oxygen furnace shop roof monitor, a visible emission with a density of more than 20% opacity.

(3) Compliance with the limits of this rule shall be determined using reference method 9C.

**History**
- *History: 1985 AACS.*

##### **Mich. Admin. Code R 336.1365** Visible emissions from hot metal transfer operations at steel manufacturing facilities {#sec-r-336.1365 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1365}

Rule 365. (1) A person shall not cause or permit to be discharged to the outer air, from a hot metal transfer operation stack, a visible emission with a density of more than 20% opacity.

(2) A person shall not cause or permit to be discharged to the outer air from a building or enclosure containing a hot metal transfer operation, a fugitive visible emission with a density of more than 20% opacity.

(3) Compliance with the limits of this rule shall be determined using reference method 9C.

**History**
- *History: 1985 AACS.*

##### **Mich. Admin. Code R 336.1366** Visible emissions from hot metal desulphurization operations at steel manufacturing facilities {#sec-r-336.1366 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1366}

Rule 366. (1) A person shall not cause or permit to be discharged to the outer air, from a hot metal desulphurization operation stack, a visible emission with a density of more than 20% opacity.

(2) A person shall not cause or permit to be discharged to the outer air from a building or enclosure containing a hot metal desulphurization operation, a fugitive visible emission with a density of more than 20% opacity.

(3) Compliance with the limits of this rule shall be determined using reference method 9C.

**History**
- *History: 1985 AACS.*

##### **Mich. Admin. Code R 336.1367** Visible emissions from sintering operations {#sec-r-336.1367 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1367}

Rule 367. (1) A person shall not cause or permit to be discharged to the outer air, from a sintering operation control device, a visible emission with a density of more than 20% opacity.

(2) A person shall not cause or permit to be discharged to the outer air, from a sintering operation, a fugitive visible emission with a density of more than 20% opacity.

(3) Compliance with the limits of this rule shall be determined using reference method 9 as described in R 336.2004(1)(h).

**History**
- *History: 1985 AACS.*

##### **Mich. Admin. Code R 336.1370** Collected air contaminants {#sec-r-336.1370 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1370}

Rule 370. (1) Collected air contaminants shall be removed as necessary to maintain the equipment at the required operating efficiency. The collection and disposal of air contaminants shall be performed in a manner so as to minimize the introduction of contaminants to the outer air.

(2) At a minimum, in priority I and II areas listed in tables 33 and 34, the use of 1 or more of the following material handling methods is required for the transport of collected air contaminants:

(a) Enclosed trucking or transporting vehicles.

(b) Enclosed, pneumatic, or screw conveying transporting equipment.

(d) An acceptable method which is equivalent to the methods listed in subdivisions (a), (b), and (c) of this subrule.

**History**
- *History: 1981 AACS.*

##### **Mich. Admin. Code R 336.1371** Fugitive dust control programs other than areas listed in table 36 {#sec-r-336.1371 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1371}

Rule 37l. (l) Based on ambient air quality measurements or substantive complaints, the department may request that the person who is responsible for the operation of any facility which processes, uses, stores, transports, or conveys bulk materials, such as, but not limited to, coal, coke, metal ores, limestone, cement, sand, gravel, and material from air pollution control devices, or a facility which has activities specifically identified in R 336.l372 and which facility is in an area not listed in table 36, submit a fugitive dust control program.

The department shall notify the person who is responsible for the operation of the facility of the provisions of R 336.l372 which apply to the facility and the reasons for the department’s notification. Except as provided in subrule (3) of this rule, the control program shall be submitted to the department not later than 6 months after notification.

(2) A fugitive dust control program which is required by subrule (l) of this rule shall be in writing and shall provide for all of the following:

(a) Using l or more combinations of available technologies, operating practices, or methods listed in R 336.l372 as are reasonably necessary to control fugitive dust emissions.

(b) Consideration of the quantity, moisture content, specific gravity, and the particle size distribution of the bulk materials. The more friable, drier, lighter, and finer the bulk material is, the more effective the fugitive dust control methods incorporated into the control program shall be.

(c) The keeping and maintenance of records consistent with the various activities to be implemented under the control program.

(d) Identification of the control technologies, methods, or control equipment, if any, to be implemented or installed and the schedule, including increments of progress, for implementation or installation.

(3) Within 3 months following notification by the department that a fugitive dust control program is required, the person who is responsible for operating the facility has the opportunity to demonstrate, to the satisfaction of the department, that any part of the facility is not subject to the provisions of this rule.

(4) If a control program is not submitted within 6 months after notification by the department, then the department may proceed, pursuant to the act, toward the entry of a final order which contains a control program that meets the requirements of subrule (2) of this rule.

(5) The control program is subject to review and approval by the department. The department shall approve a control program only upon the entry of a legally enforceable order or as part of an approved permit to install or operate. If, in the opinion of the department, the program does not adequately meet the requirements set forth in subrule (2) of this rule, then the department may disapprove the program, state its reasons for disapproval, and require the preparation and submittal of an amended program within a specified time period. If, within the specified time period, an amended program is either not submitted or is submitted but, in the opinion of the department, fails to meet the requirements of subrule (2) of this rule, then the department may proceed, pursuant to the act, toward the entry of a final order which contains a control program that meets these requirements.

(6) After approval by the department, the person who is responsible for the preparation of the control program shall begin implementation of the program pursuant to the schedule contained in the control program.

(7) Either the person who is responsible for a facility or the department may request a revision to a department-approved control program to meet changing conditions. The department shall review the revision following the requirements of subrule (5) of this rule.

(8) Table 6 reads as follows:

TABLE 36

County Area Bay T14N, R5E, Sections 14 to 16 and 21 to 23.

Calhoun T2S, R4W, Section 34.

Delta T39N, R22W, Sections 19, 30, south one-half of 17, and south one-half of 18.

Lapeer 7N, R12E, that portion of Section 17 which lies south of M- 21 and east of Fairground Road. Macomb T4N, R14E, Sections 27, 28, 33, and 34.

Manistee T21N, R16W, ections 7, 18, and 19; T21N, R17W, Sections 12 and 13.

Midland T14N, R2E, Sections 14 to 16, 21 to 23, 26 to 28, and 33 to 35.

Muskegon T9N, R16W, Sections 5 and 6; T10N, R16W, Sections 21, 22, and 27 to 34.

Saginaw Northeast section: starting on Tittabawassee Road, east to I-75, south to Wadsworth Avenue, west to I-675, west and north to Tittabawassee Road. Southwest section: T12N, R4E, the eastern half of Section 34 (that which is east of Maple Street) and Section 35.

St. Clair T6N, R17E, Sections 2 to 4, 9 to 11, 14 to 16, 21, 22, and 28.

Wayne Area included within the following (counter clockwise): Lake St. Clair to Moross Road to Seven Mile Road to Vandyke Road to Eight Mile Road to Wyoming Road to Seven Mile Road to Schaeffer Road to Fenkell Road to Greenfield Avenue to Joy Road to Southfield Expressway to Ford Road to Telegraph Road to Cherry Hill Road to Beech-Daly Road (extended) to Michigan Avenue to Inkster Road to Carlysle Street to Middle Belt Road to Vanborn Road to Wayne Road to Pennsylvania Road to Middle Belt Road to Sibley Road to Telegraph Road to King Road to Grange Road to Sibley Road to Jefferson Avenue to Bridge Street (Grosse Ile) extended to Detroit River. Also included is that portion of the City of Riverview which is south of Sibley Road and the City of Trenton.

**History**
- *History: 1981 AACS; 1985 AACS; 2002 AACS.*

##### **Mich. Admin. Code R 336.1372** Fugitive dust control program; required activities; typical control methods {#sec-r-336.1372 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1372}

Rule 372. (1) A fugitive dust control program which is required by R 336.1371 and which deals with 1 or more of the fugitive dust sources listed in this rule may include any of the typical control methods listed in this rule for that source.

(2) The following provisions apply to the loading or unloading of open storage piles of bulk materials as a source of fugitive dust:

(a) Open storage piles of bulk materials, hereinafter referred to as "piles", which meet any of the following 3 conditions need not be included in a fugitive dust control program:

(i) All piles of the same material at a manufacturing or commercial location which have a total volume of less than 100 cubic meters (131 yards ).

(ii) Any piles at a manufacturing or commercial location if the total annual volumetric throughput of all the stored material at the site is less than 10,000 cubic meters (13,100 yards ).

(iii) Any single pile at a manufacturing or commercial location that has a volume of less than 42 cubic meters (55 yards ).

(b) Typical control methods for controlling fugitive emissions resulting from the loading or unloading of piles may include, but are not limited to, the following:

(i) Completely enclosing the pile within a building furnished with department-approved air pollution control equipment.

(ii) Using pneumatic conveying or telescopic chutes.

(iii) Spraying the working surface of the pile with water or dust-suppressant compound.

(iv) Directing engine exhaust gases that are generated by the machine used on the piles for loading or unloading upwards.

(v) Minimizing the drop distance from which the material is discharged into the pile. The drop distance shall be specified in the control program.

(vi) Periodic removal of spilled material in areas within 100 meters (328 feet) from the pile. The frequency of removal shall be specified in the control program.

(3) All of the following provisions apply to the transporting of bulk materials as a source of fugitive dust:

(a) Trucks which have less than a 2-ton capacity that are used to transport sand, gravel, stones, peat, and topsoil are exempt from the provisions of this subrule.

(b) Typical control methods for controlling fugitive emissions resulting from the transporting of bulk materials by truck may include, but are not limited to, the following:

(i) Completely covering open-bodied trucks.

(ii) Cleaning the wheels and the body of each truck to remove spilled materials after the truck has been loaded.

(iii) Use of completely enclosed trucks.

(iv) Tarping the truck when operating empty if residue has not been completely removed after emptying.

(v) Cleaning the residue from the inside of the truck after emptying.

(vi) Loading trucks so that no part of the load making contact with any sideboard, side panel, or rear part of the load enclosure comes within 6 inches of the top part of the enclosure.

(vii) Maintaining tight truck bodies so that leakages within the body will be eliminated and future leakages prevented.

(viii) Spraying the material being transported in a vehicle with a dust suppressant. The frequency of spraying shall be specified in the control program.

(ix) Restricting the speed of the vehicle which transports the material. The speed of the vehicle shall be specified in the control program.

(4) The following provision applies to outdoor conveying as a source of fugitive dust:

Typical control methods for controlling fugitive emissions resulting from conveying bulk materials may include, but are not limited to, the following:

(a) Completely enclosing all conveyor belts and equipping them with belt wipers and hoppers of proper size to prevent excessive spills.

(b) Enclosing transfer points and, if necessary, exhausting them to a baghouse or similar control device at all times when the conveyors are in operation.

(d) Restricting the speed of conveyor belts. The belt speed shall be specified in the control program.

(e) Periodically cleaning the conveyor belt to remove the residual material. The frequency of cleaning shall be specified in the control program.

(f) Minimizing the distance between transfer points. The distance between transfer points shall be specified in the control program.

(g) Removing the spilled material from the ground under conveyors. The frequency of removal shall be specified in the control program.

(5) The following provisions apply to roads and lots as sources of fugitive dust:

(a) Roads and lots which are located within industrial, commercial, and governmentowned facilities and which meet the following 2 conditions are not subject to the requirement of submitting a fugitive dust control program:

(i) The traffic volume is less than 10 vehicles per day on a monthly average.

(ii) The lots are less than 500 square meters (5,382 feet2) in area.

(b) Typical control methods for controlling fugitive emissions resulting from roads and lots located within industrial, commercial, and government-owned facilities may include, but are not limited to, the following:

(i) Paving roads and parking lots with a hard material, such as concrete, asphalt, or an equivalent which is approved by the department.

(ii) Mechanically cleaning paved surfaces by vacuum sweeping, wet sweep-ing, or flushing. The frequency of cleaning shall be specified in the control program.

(iii) Washing the wheels of every truck leaving the plant premises.

(iv) Treating the roads and lots with oil or a dust-suppressant compound which is approved by the department. The frequency of application shall be specified in the control program.

(v) Periodically maintaining off-road surfaces with gravel where trucks have frequent access. The frequency of maintenance shall be specified in the control program.

(6) The following provisions apply to inactive storage piles as sources of fugitive dust:

(a) Inactive storage piles that are less than or equal to 500 cubic meters (654 yards3) in volume are not subject to the requirement of submit-ting a fugitive dust control program.

(b) Typical control methods for controlling fugitive emissions resulting from inactive storage piles may include, but are not limited to, the following:

(i) Completely covering the pile with tarpaulin or other material ap-proved by the department.

(ii) Completely enclosing the pile within a building.

(iii) Enclosing the pile with not less than 3 walls so that no portion of the stored material is higher than the walls.

(iv) Periodically spraying the piles with water or other dust-suppressant compound approved by the department. The frequency of application shall be specified in the control program.

(v) Growing vegetation on and around the pile.

(7) The following provisions apply to building ventilation as a source of fugitive dust:

(a) This subrule is applicable to all of the following:

(i) Ferrous and nonferrous foundries.

(ii) Electric arc furnaces, blast furnace casthouses, sinter plants, and basic oxygen processes at iron and steel production facilities.

(iii) Metal heat treating.

(iv) Metal forging.

(v) Bulk material handling, storage, drying, screening, and crushing.

(vi) Metal fabricating and welding.

(vii) Briquetting, sintering, and pelletizing operations.

(viii) Machining and pressing of metal.

(ix) Stone, clay, and glass production.

(x) Lime, cement, and gypsum production.

(xi) Chemical and allied product production.

(xii) Asphalt and concrete mixing operations.

(b) Typical control methods for controlling fugitive emissions resulting from building openings, such as roof monitors, powered and unpowered venti-lators, doors, windows, and holes in the building structure integrity, may include, but are not limited to, the following:

(i) Exhausting the entire building to a dust collection system which is acceptable to the department.

(ii) Using local hoods connected to a dust collection system to capture emissions within the building.

(iii) Establishing and maintaining operating procedures and internal housekeeping practices (specify details).

(iv) Installing removable filter media across the vent openings.

(8) The following provisions apply to fugitive dust emissions from con-struction, renovation, or demolition activities located in priority I areas:

(a) This subrule is applicable to the owner or prime contractor, except for those owners or prime contractors who construct, renovate, or demolish less than 12 single-family dwelling units per year.

(b) Typical control methods for controlling fugitive dust emissions from construction, renovation, or demolition activities may include, but are not limited to, the following:

(i) Spraying of all work areas with water or other dust-suppressant compound which is approved by the department.

(ii) Completely covering the debris, excavated earth, or other airborne materials with tarpaulin or any other material which is approved by the department.

(iii) Any other method acceptable to the department.

**History**
- *History: 1981 AACS; 2002 AACS.*

##### **Mich. Admin. Code R 336.1373** Rescinded {#sec-r-336.1373 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1373}

**History**
- *History: 1985 AACS; 1997 AACS.*

##### **Mich. Admin. Code R 336.1374** Particulate matter contingency measures; area listed in table 37 {#sec-r-336.1374 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1374}

(1) The provisions of this rule apply to all of the following that are within the area listed in table 37:

(a) Mining operations, standard industrial classification major groups 10 through 14.

(b) Manufacturing operations, standard industrial classification major groups 20 through 39.

(d) Motor freight transportation and warehousing, standard industrial classification major group 42.

(e) Electric services, standard industrial classification group 491.

(f) Sanitary services, standard industrial classification group 495.

(g) Steam supply, standard industrial classification group 496.

TABLE 37

County Area Wayne The area bounded by Michigan Avenue from its intersection with I-75 west to I-94; I-94 southwest to Greenfield Road; Greenfield Road south to Schaefer; Schaefer south and east to Jefferson Avenue; Jefferson Avenue (Biddle Avenue in Wyandotte) south to Sibley Road; Sibley Road west to Fort Street; Fort Street south to King Road; King Road east to Jefferson Avenue; Jefferson Avenue south to Helen Avenue; Helen Avenue and extension east to the Trenton Channel; the Trenton Channel north to the Detroit River north to the Ambassador Bridge; Ambassador Bridge to I-75; and I-75 to Michigan Avenue.

(2) Upon a formal determination and written notification by the department or the United States environmental protection agency that an ambient air quality monitor located within the area defined in table 37 has recorded a violation of the national ambient air quality standards for particulate matter with an aerodynamic diameter less than 10 microns (PM- 10) as defined in 40 C.F.R. §50.6, a company which is in compliance with the criteria specified in subrule (1) of this rule and which has any portion of its facility property boundaries located within 1 mile of the monitor that recorded the violation shall be in compliance with 1 or both of the following provisions, as applicable:

(a) If the violation is of the annual PM-10 national ambient air quality standards, then the company shall be in compliance with the requirements of subrule (3)(a) of this rule within 60 days after receipt of the notification or shall implement the fugitive dust control strategies submitted pursuant to subrule (3)(b) of this rule within 60 days after receipt of the notification.

(b) If the violation is of the 24-hour PM-10 national ambient air quality standard, then a company that is located in the portion of an area which has a 1-mile radius centered upon the monitor and which remains after the largest contiguous portion of the circular area is removed that contains wind direction sectors for which no detectable wind speed measurements were made for all calendar days used as the basis for the 24-hour PM-10 violation, shall be in compliance with the requirements of subrule (3) of this rule within 60 days after receipt of the notification or shall implement the fugitive dust control strategies submitted pursuant to subrule (3)(b) of this rule within 60 days after receipt of the notification. The determination shall be made using wind rose plots generated with wind speed and direction data obtained from the Detroit metropolitan airport, unless more representative data is available.

If a company elects to submit process or combustion source control strategies pursuant to subrule (3)(b)(ii) or (iii) of this rule, then the company shall commence the schedule to implement the process or combustion source control strategies upon notification of a violation of the national ambient air quality standard for PM-10. If 60 days has passed after a company is notified of a violation of the PM-10 national ambient air quality standard and control strategies have been submitted to the department pursuant to subrule (3)(b) of this rule which have not yet been approved into the state implementation plan by the United States environmental protection agency, then the company shall be subject to the opacity limit in subrule (3)(a) of this rule pursuant to the implementation procedures contained in this rule until the company has been notified that the control strategies have been approved by the United States environmental protection agency as a revision to the Michigan state implementation plan and written notification has been received by the department from the company stating that the controls have been implemented.

The provisions of 40 C.F.R. §50.6 (2000), are adopted by reference in these rules and are available for inspection and purchase at the Department of Environmental Quality, Air Quality Division, P.O. Box 30260, Lansing, Michigan 48909- 7760, at cost. Copies may be obtained from the Superintendent of Documents, Government Printing Office, P.O. Box 371954, Pittsburgh, Pennsylvania 15250-7954, at a cost as of the time of adoption of these rules of $28.00, or on the United States government printing office internet web site at http://www.access.gpo.gov.

(3) The owner or operator of a facility that is subject to the requirements of this rule shall comply with either of the following provisions:

(a) The owner or operator shall not allow the fugitive dust emissions from any paved or unpaved road to exceed an opacity of more than 10%. The opacity shall be determined by method 9 specified in 40 C.F.R. Part 60, appendix A, which is adopted by reference in R 336.2004, except that the number of readings for each vehicle pass will be 3 taken at 5second intervals. The first reading shall be at the point of maximum opacity. The second and third readings shall be at the same point with respect to the roadway, which is a point where the observer stands at right angles to the plume not less than 15 feet away from the plume and observes approximately 4 feet above the surface of the roadway or parking area.

After 4 vehicles have passed, the 12 readings will be averaged.

(b) The owner or operator shall submit, to the department, control strategies and compliance schedules in compliance with any of the following provisions:

(i) The owner or operator shall submit, to the air quality division, control strategies that will reduce total annual facility-wide fugitive dust emissions of PM-10 by not less than 15%.

(ii) An owner or operator may as an alternative to the requirement of paragraph (i) of this subdivision, submit control strategies which provide for reductions in allowable PM-10 emissions that are equal to 15% of a facility's total annual fugitive dust emissions of PM- 10 from process emission or fuel combustion sources and which include a reasonable schedule for the implementation of the control strategies. The baseline used in calculating the percent reduction for a process or combustion control strategy shall be determined using the maximum operating rate for the source and the lowest allowable particulate emission limit applicable to the source contained in any of the following:

(A) A state administrative rule.

(B) A state consent order.

(D) A state operating permit.

(iii) An owner or operator may elect to obtain the PM-10 emission reductions required by this subdivision through a combination of the requirements specified in paragraphs (i) and (ii) of this subdivision.

(4) The control strategies and compliance schedules submitted pursuant to, and complying with, the requirements of subrule (3)(b) of this rule shall be approved by the air quality division through the issuance of department consent orders. Before a company may substitute control strategies or compliance schedules for the opacity limit in subrule (3)(a) of this rule, the state shall have submitted the consent orders to the United States environmental protection agency for approval as a revision to the Michigan state implementation plan, the United States environmental protection agency shall have approved the orders and incorporated them into the Michigan state implementation plan, and the department shall have received written notification from the company stating that the fugitive dust control measures are being implemented or that the company has begun to implement the process source control measure implementation schedule.

(5) For the purposes of this rule, "wind direction sector" means equal portions of a circular area consisting of any 1 of 16 possible areas consisting of 22.5 degrees of angle centered about the compass points north, north northeast, northeast, east northeast, east, east southeast, southeast, south southeast, south, south southwest, southwest, west southwest, west, west northwest, northwest, and north northwest.

**History**
- *History: 1995 AACS; 2002 AACS.*

### **R 336.1401 to R 336.1430** Part 4. Emissions Limitations and Prohibitions - Sulfur-Bearing Compounds

##### **Mich. Admin. Code R 336.1401** Emission of sulfur dioxide from power plants {#sec-r-336.1401 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1401}

DEPARTMENT OF ENVIRONMENTAL QUALITY

AIR QUALITY DIVISION

AIR POLLUTION CONTROL

(By authority conferred on the director of the department of environmental quality by sections 5503 and 5512 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.5503 and 324.5512)

PART 4. EMISSION LIMITATIONS AND PROHIBITIONS—SULFUR

BEARING COMPOUNDS

Rule 401. (1) In a power plant, it is unlawful for a person to burn fuel that does not comply with the sulfur content limitation of table 41 or which, when burned, results in sulfur dioxide (SO ) emissions exceeding an equivalent emission rate as shown in table 41. In a power plant located in Wayne county, it is unlawful for a person to burn fuel that does not comply with the sulfur content limitation of table 42 and unlawful to cause or permit a discharge into the atmosphere from fuel-burning equipment SO in excess of the SO concentration limit shown in table 42.

(2) Tables 41 and 42 read as follows:

TABLE 41

Fuel and SO Emission Limitations for Power Plants Plant Capacity (a)

Maximum Average Sulfur Content in Fuel (b, e)

(Percent by weight)

Equivalent Emission Rates Parts per Million by Volume (ppmv) Corrected to 50% Excess Air (e)

Pounds of SO per Million Btu of Heat Input (e)

Solid Fuel (c)

(12,000 Btu/lb)

Liquid Fuel (d)

(18,000 Btu/lb)

Solid Fuel (c)

(12,000 Btu/lb)

Liquid Fuel (d)

(18,000 Btu/lb) 0-500,000 lbs Steam per Hour Plant Capacity 1.5 890 630 2.5 1.67 Greater than 500,000 lbs Steam per Hour Plant Capacity 1.0 590 420 1.67 1.11 (a) The total steam production capacity of all coal- and oil-burning equipment in a power plant as of August 17, 1971.

(b) "Maximum average sulfur content in fuel" means the average sulfur content in all fuels burned at any 1 time in a power plant. The sulfur content shall be calculated on the basis of 12,000 Btu per pound for solid fuels and 18,000 Btu per pound for liquid fuels.

(d) Liquid fuels include distillate oil (No. 1 and No. 2), heavy oil (No. 4, No. 5, and No. 6), and crude oil.

(e) A person shall sample, analyze, calculate, and record for each day of operation for each unit at the power plant, the sulfur content of the fuel combusted or the fuel’s equivalent SO emission rate in accordance with as-fired fuel sampling and analysis procedures found in appendix A of 40 CFR part 60; in particular the “Standard Test Methods for Sulfur in Petroleum Products:” ASTM D129, D1266, or D1552 and the “Standard Test Methods for Total Sulfur in the Analysis of Coal and Coke:” ASTM D3177 or D4239; as referenced in 40 CFR 60.17, adopted by reference in R 336.1902. Records must be kept, including the identification of the power plant, days of operation, and maximum sulfur content of fuel combusted for each day of operation. Records must be maintained on site for 5 years and submitted to the department upon written request.

TABLE 42

Fuel and SO Concentration Limitations for Power Plants Located in Wayne County Fuel Type Maximum Weight Percent Sulfur Content in Fuel (a & b)

Limitations for Fuel-Burning Equipment SO ppmv Emission Rates Corrected to 50% Excess Air (b)

Pulverized Coal1.00550 Other Coal0.75420 Distillate Oil Nos. 1 & 20.30120 Used Oil1.00300 Crude and Heavy Oil Nos. 4, 5, & 6 1.00 400 (a) “Maximum weight percent sulfur content in fuel" means the maximum weight percent sulfur content in all fuels burned at any 1 time in a power plant.

(b) A person shall sample, analyze, calculate, and record for each day of operation for each unit at the power plant, the sulfur content of the fuel combusted and the fuel’s equivalent SO emission rate in accordance with as-fired fuel sampling and analysis procedures found in appendix A of 40 CFR part 60; in particular the “Standard Test Methods for Sulfur in Petroleum Products:” ASTM D129, D1266, or D1552 and the “Standard Test Methods for Total Sulfur in the Analysis of Coal and Coke:” ASTM D3177 or D4239; as referenced in 40 CFR 60.17, adopted by reference in R 336.1902. Records must be kept, including the identification of the power plant, days of operation, and maximum sulfur content of fuel combusted for each day of operation. Records must be maintained on site for 5 years and submitted to the department upon written request.

(3) The following provisions apply to persons in Wayne county:

(a) The maximum weight percent sulfur content in fuellimitations for fuel-burning equipment provisions of table 42 of this rule do not apply to any person who uses a combination of fuels in such ratios as to meet the SO concentration limitations specified in table 42 and has obtained written approval from the department for this exemption. The allowable concentration limit will be based on the value in the table for the fuel having the higher allowable concentration limit.

(b) The maximum weight percent sulfur content in fuel limitations for fuel-burning equipment provisions of table 42 of this rule do not apply to any person who has received an installation permit from the department for a control device to desulfurize the stack gases if the control device is installed and operating properly.

(4) Instead of conducting daily as-fired fuel sampling and analysis pursuant to subrule (2) of this rule, a person at any power plant equipped with a SO continuous emissions monitoring system (CEMS) may compute and record the daily equivalent emission rates as determined by the SO CEMS. The SO CEMS must be calibrated, maintained, and operated in accordance with the procedures in 40 CFR 60.13(d), (e), (f), and (h) and in performance specification 2, appendix B of 40 CFR part 60 or 40 CFR part 75 excluding the data substitution outlined in subpart D, adopted by reference in R 336.1902. Records must be maintained on site for 5 years and submitted to the department upon written request.

**History**
- *History: 1980 AACS; 2002 AACS; 2008 AACS 2013 AACS; 2019 AACS.*

##### **Mich. Admin. Code R 336.1401a** Definitions {#sec-r-336.1401a omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1401a}

Rule 401a. As used in this part:

(a) "Power plant" means a single structure devoted to steam or electric generation, or both, and may contain multiple boilers.

(b) “Sulfur recovery plant” means any plant that recovers elemental sulfur from any gas stream.

**History**
- *History: 2008 AACS 2013 AACS; 2019 AACS.*

##### **Mich. Admin. Code R 336.1402** Emission of SO from fuel-burning equipment at a stationary source other than power plants {#sec-r-336.1402 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1402}

Rule 402. (1) For fuel burning equipment at a stationary source other than a power plant it is unlawful for a person to cause or allow the emission of SO from the combustion of any coal or oil fuel in excess of 1.7 pounds per million Btu of heat input for oil fuel or in excess of 2.4 pounds per million Btu of heat input for coal fuel.

(2) The provisions of subrule (1) of this rule do not apply to fuel-burning equipment at a stationary source that is unable to comply with the specified emission limits because of SO emissions caused by the presence of sulfur in other raw materials charged to the fuelburning equipment. This exception applies if at any time the actual SO emission rate exceeds the expected theoretical SO emission rate from fuel burning. The expected theoretical SO emission rate must be based on the quantity of fuel burned and the average sulfur content of the fuel.

(3) For fuel burning equipment at a stationary source located in Wayne county other than a power plant, it is unlawful for a person to burn fuel that does not comply with the sulfur content limitation of table 43 and unlawful to cause or allow a discharge into the atmosphere from fuel burning equipment SO in excess of the SO concentration limit shown in table 43.

(4) Table 43 reads as follows:

Table 43 Fuel and SO Concentration Limitations for Fuel Burning Equipment (c) at a Stationary Source Located in Wayne County Other than a Power Plant Fuel Type Maximum Weight Percent Sulfur Content in Fuel (a, b)

Limitations for Fuel- Burning Equipment SO ppmv Emission Rates Corrected to 50% ExcessAir b Coal 0.75420 Distillate Oil Nos. 1 & 2 0.30 120 Used Oil1.0300 Crude and Heavy Oil Nos. 4, 5, & 6 1.00 400 (a) The determination of sulfur content (percent by weight) of fuel shall be carried out in accordance with the “Standard Test Methods for Sulfur in Petroleum Products:” ASTM D129, D1266, or D1552 and the “Standard Test Methods for Total Sulfur in the Analysis of Coal and Coke:” ASTM D3177 or D4239; as referenced in 40 C.F.R. 60.17,adopted by reference in R336.1902.

(b) Records must be kept, including the identification of the fuel burning equipment, days of operation, and maximum sulfur content of fuel combusted for each day of operation. Records must be maintained on site for 5 years and submitted to the department upon written request.

(c) For table 43, fuel burning equipment includes residential and commercial space and water heating. The maximum weight percent sulfur content in fuel and SO ppmv emission rate limitations for distillate, crude, and heavy oils listed above also apply to these units.

(5) The following provisions apply to persons in Wayne county:

(a) The maximum weight percent sulfur content in fuel limitations for fuel-burning equipment provisions of table 43 of this rule do not apply to a person who uses a combination of fuels in such ratios as to meet the SO concentration limitations specified in table 43 and has obtained written approval from the department for this exemption. The allowable concentration limit will be based on the value in the table for the fuel having the higher allowable concentration limit.

(b) The maximum weight percent sulfur content in fuel limitations for fuel-burning equipment provisions of table 43 of this rule do not apply to a person who has received an installation permit from the department for a control device to desulfurize the stack gases if the control device is installed and operating properly.

**History**
- *History: 1980 AACS; 2008 AACS 2013 AACS; 2019 AACS.*

##### **Mich. Admin. Code R 336.1403** Oil- and natural gas-producing or transporting facilities and natural gasprocessing facilities; emissions; operation {#sec-r-336.1403 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1403}

Rule 403. (1) Except as provided in subrule (3) of this rule, it is unlawful for a person to cause or allow the emission of sour gas from an oil- or natural gas-producing or transporting facility or a natural gas- processing facility without burning or equivalent control of hydrogen sulfide and mercaptans.

(2) Except as provided in subrule (3) of this rule, sour gas that is burned at an oil- or natural gas-producing or transporting facility or at a natural gas-processing facility shall be burned in a properly engineered flare, incinerator, or other combustion system with elevated discharge to the atmosphere. If the flare, incinerator, or other combustion system burns sour gas in such volume and with such hydrogen sulfide concentration that the daily quantity of hydrogen sulfide in the gas is less than 28 pounds, then it shall be equipped with either a pilot flame which will burn continuously when gas flows to the flare, incinerator, or other combustion system or with an automatic ignition system, unless otherwise authorized by the department. If the flare, incinerator, or other combustion system burns sour gas in such volume and with such hydrogen sulfide concentration that the daily quantity of hydrogen sulfide in the gas is 28 pounds or more, then it shall be equipped with a continuously burning pilot flame and a mechanism which will operate, upon failure of the pilot flame, to shut off the flow of gas, unless otherwise authorized by the department.

(3) The provisions of subrules (1) and (2) of this rule do not apply to either of the following:

(a) Crude oil-producing facilities that serve a well or group of wells which attained an average production level of 10 or less barrels per day per well before January 1, 1978, unless the department has received 1 complaint of odors regarding the facility, and the owner or operator is unable to or fails to demonstrate, to the satisfaction of the department, that the uncontrolled hydrogen sulfide and mercaptan emissions do not cause an odor nuisance or health hazard.

(b) A vessel or a battery of vessels that releases a total daily volume of vapors of less than 5,000 standard cubic feet, if the owner or operator demonstrates both of the following:

(i) Combustion of the vapors is not economically reasonable.

(ii) The uncontrolled release of the vapors will not cause a violation of the provisions of R 336.1901.

(4) A person shall not cause or allow the emission of sulfur dioxide from a new sweetening facility, unless such emissions are controlled using the best available control technology.

(5) The operator of a sour gas-, crude-, or condensate-sweetening facility-ty shall do all of the following:

(a) Monitor the mass flow rate of hydrogen sulfide either entering the plant or going to the waste gas flare or flares on a periodic schedule specified by the department. The monitoring program shall include a determination of the hydrogen sulfide concentration using colorimetric detector tubes or their equivalent and a determination of the volumetric gas flow rate. The monitoring data shall be submitted to the department in an acceptable format within 30 days following the end of the month in which the data were collected.

(b) Provide fencing, warning signs, or other measures as necessary to warn or deter unauthorized individuals from entering the plant property or buildings. Signs shall read:

"Danger--Poison Gas," with at least 1 sign on each side of the plant property.

(c) Provide control of malodorous emissions from any pressure relief valve or valves, storage tanks, and dehydrator vent or vents by burning or equivalent control.

(d) Conduct a program of continuous monitoring of concentrations of hydrogen sulfide in any building enclosing a sweetening process. The sensor shall be placed as close to process equipment as practicable. The system shall be designed, installed, and maintained to provide a visual alarm when the hydrogen sulfide concentration is more than 50 ppm.

(e) Automatically begin a safe and orderly shutdown of all process inflow streams to the facility if the concentration of hydrogen sulfide is more than 100 ppm in any building enclosing a sweetening process. Full operation may be resumed only after successful corrective measures have been applied.

(f) Automatically commence shut-in of the facility within 1 second after extinguishment of the flare flame, unless otherwise authorized by the department. Operation of the facility shall not continue unless corrective measures taken to reignite the flame are successful.

(6) A new sweetening facility shall not be installed at a distance of less than 1,300 feet from an existing residence, unless otherwise authorized by the department. Such authorization shall depend upon a satisfactory showing by a permit applicant that an odor nuisance shall not result from a lesser setback distance.

**History**
- *History: 1980 AACS; 1989 AACS; 2002 AACS.*

##### **Mich. Admin. Code R 336.1404** Emission of SO and sulfuric acid mist from sulfuric acid plants {#sec-r-336.1404 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1404}

Rule 404. (1) It is unlawful for a person to cause or allow the emission of sulfuric acid mist from any sulfuric acid plant in excess of 0.50 pounds per ton of acid produced, the production being expressed as 100% sulfuric acid.

(2) It is unlawful for a person in Wayne county to cause or allow SO emissions into the atmosphere from any sulfuric acid plant to exceed 6.5 pounds per ton of acid produced.

(3) Compliance with this rule must be demonstrated using 40 CFR part 60, appendix A, reference test method no. 8, adopted by reference in R 336.1902.

**History**
- *History: 1980 AACS; 2008 AACS 2013 AACS; 2019 AACS.*

##### **Mich. Admin. Code R 336.1405** Emissions from sulfur recovery plants located within Wayne county {#sec-r-336.1405 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1405}

Rule 405. At sulfur recovery plants located in Wayne county, a person shall not cause or allow the emission into the atmosphere of sulfur dioxide, sulfur trioxide, or sulfuric acid from any such sulfur recovery plant to exceed 0.01 pounds per pound of sulfur produced.

**History**
- *History: 2008 AACS.*

##### **Mich. Admin. Code R 336.1406** Hydrogen sulfide emissions from facilities located within Wayne county {#sec-r-336.1406 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1406}

Rule 406. (1) A person in Wayne county shall not cause or allow the combustion of any refinery process gas stream that contains hydrogen sulfide in a concentration of greater than 100 grains per 100 cubic feet of gas without removal of the hydrogen sulfide in excess of this concentration.

(2) When the odor of hydrogen sulfide is found to exist beyond the property line of a source, a person in Wayne county shall not cause or allow the concentration of hydrogen sulfide to exceed 0.005 parts per million by volume for a maximum period of 2 minutes.

R 336.1407. Sulfur compound emissions from sources located within Wayne county and not previously specified.

Rule 407. Both of the following apply to process and fuel burning equipment at a stationary source located within Wayne county to which the provisions of R 336.1401 to R 336.1406 do not apply.

(a) A person shall not cause or allow the emission into the atmosphere gases with a concentration of SO greater than 300 parts per million by volume, which shall be corrected to 50% excess air.

(b) A person shall not cause or allow the emission into the atmosphere gases with a concentration of sulfuric acid or sulfur trioxide or a combination thereof greater than 15 milligrams per cubic meter, which shall be corrected to 50% excess air.

**History**
- *History: 2008 AACS.*
- *History: 2008 AACS; 2013 AACS.*

##### **Mich. Admin. Code R 336.1420** Rescinded {#sec-r-336.1420 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1420}

**History**
- *History: 2008 AACS; 2013 AACS; 2019 AACS.*

##### **Mich. Admin. Code R 336.1430** Emission of SO from United States Steel, Great Lakes Works {#sec-r-336.1430 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1430}

Rule 430. (1) The provisions in this rule supersede the requirements of R 336.1407 that apply to United States Steel, Great Lakes Works reheat furnaces and Zug Island boilers as referenced in subrules (2) and (3) of this rule.

(2) All of the following apply to United States Steel, Great Lakes Works, 80” hot strip mill reheat furnaces:

(a) On and after December 31, 2016, the combined SO emission rate from the 5 reheat furnaces shall not exceed 148 pounds per hour, based on a 1-hour average starting on the hour for each clock-hour.

(b) On and after December 31, 2016, the company shall install, calibrate, maintain, and operate in a manner approved by the department devices to separately monitor and record the coke oven gas and natural gas usage rates, in cubic feet per hour, for the 5 reheat furnaces combined for each hour of operation. The 5 furnaces shall be equipped with a common coke oven gas usage meter and a common natural gas usage meter. The company shall keep the usage rate records on file at the facility for a period of 5 years, in a format acceptable to the department, and make them available to the department upon request.

(c) On and after December 31, 2016, the company shall compile hourly SO emission rate calculations for the 5 reheat furnaces combined in pounds per hour, for each hour of operation. Emission rates shall be determined using the method specified in subrule (3)(g) of this rule. The company shall keep the records of the calculations on file at the facility for a period of 5 years, in a format acceptable to the department, and make them available to the department upon request.

(d) Not later than June 30, 2017, the company shall conduct SO emission stack tests of the reheat furnaces, based on testing of a representative furnace. Not less than 30 days before testing, a complete stack test protocol shall be submitted to the department for approval. The final plan must be approved by the department before testing. Verification of emission rates includes the submittal of a complete report of the test results to the department within 60 days following the last date of the test. The company shall keep the records of the test on file at the facility for a period of 5 years, in a format acceptable to the department, and make them available to the department upon request.

(e) On and after September 15, 2017, the company shall submit an excess emission report in an acceptable format to the department semiannually. The report shall be submitted by September 15 for the January 1 to June 30 reporting period, and by March 15 for the July 1 to December 31 reporting period. The excess emission report shall include the following information:

(A) A report of each exceedance above the SO limitation including the date, time, magnitude, cause, and corrective actions for all occurrences during the reporting period.

(B) A report of all periods of fuel gas usage rate monitoring system downtime and corrective action.

(C) If no SO limitation exceedance and no fuel gas usage rate monitoring system downtime occurred during the reporting period, the company shall report that fact.

(3) All of the following apply to United States Steel, Great Lakes Works, Zug Island boiler houses number 1 and 2:

(a) The following limits shall be met on and after December 31, 2016:

(i) The combined SO emission rate from the number 1 boiler house boilers 1 to 5 shall not exceed 15 pounds per hour, based on a 1-hour average starting on the hour for each clock-hour.

(ii) The combined SO emission rate from the number 2 boiler house boilers 1 to 5 shall not exceed 21 pounds per hour, based on a 1-hour average starting on the hour for each clock-hour.

(iii) The maximum hydrogen sulfide content of the blast furnace gas fired in the boilers shall not exceed .0274 grains per dry standard cubic foot, based on a 1-hour average starting on the hour for each clock-hour.

(b) The type of fuels burned in the boilers shall be restricted to blast furnace gas, coke oven gas, and natural gas.

(c) On and after December 31, 2016, the company shall install, calibrate, maintain, and operate in a manner approved by the department devices to separately monitor and record the coke oven gas, blast furnace gas, and natural gas usage rates in cubic feet per hour for the combined number 1 boiler house boilers and for the combined number 2 boiler house boilers for each hour of operation. The company shall keep the usage rate records on file at the facility for a period of 5 years, in a format acceptable to the department, and make them available to the department upon request.

(d) On and after December 31, 2016, the company shall install, calibrate, maintain, and operate in a manner approved by the department devices to monitor and record the blast furnace gas hydrogen sulfide content in grains per cubic foot for the blast furnace gas fired in the number 1 boiler house boilers 1 to 5 and in the number 2 boiler house boilers 1 to 5 on a continuous basis to determine the 1-hour average hydrogen sulfide concentration in the blast furnace gas for each hour of operation. The company shall keep the records of the hydrogen sulfide content on file at the facility for a period of 5 years, in a format acceptable to the department, and make them available to the department upon request.

(e) On and after December 31, 2016, the company shall compile hourly SO emission rate calculations separately for the combined number 1 boiler house boilers 1 to 5 and for the combined number 2 boiler house boilers 1 to 5 for each hour of operation. Emission rates shall be determined using the method specified in subdivision (g) of the subrule. The company shall keep the calculation records on file at the facility, for a period of 5 years, in a format acceptable to the department, and make them available to the department upon request.

(f) On and after September 15, 2017, the company shall submit an excess emission report in an acceptable format to the department semiannually. The report shall be submitted by September 15 for the January 1 to June 30 reporting period, and by March 15 for the July 1 to December 31 reporting period. The excess emission report shall include the following information:

(i) A report of each exceedance above the SO and/or hydrogen sulfide limitations including the date, time, magnitude, cause, and corrective actions for all occurrences during the reporting period.

(ii) A report of all periods of fuel gas usage rate monitoring system and/or fuel gas hydrogen sulfide monitoring system downtime and corrective action.

(iii) If no SO and/or hydrogen sulfide limitation exceedances, no fuel gas usage rate monitoring system downtime, or no fuel gas hydrogen sulfide monitoring system downtime occurred during the reporting period, the company shall report that fact.

g) The company shall determine the average hourly SO emission rate for the group of 5 furnaces or boilers grouped as number 1 boiler house or number 2 boiler house boilers subject to subrule (2) or (3) of this rule as specified below or by a method approved by the department as required in subrule (4) of this rule:

HOURLY RATE (lbs SO /hour) = [COG (1000 ft /hour) * (0.702 lbs SO / 1000 ft ) + BFG (ft /hr) * H S (gr/ft BFG) * (1 lb H S / 7,000 gr H S) * (1.88 lb SO /lb H S) + NG (1,000,000 ft /hr)* (0.6 lb SO / 1,000,000ft )]

Where:

HOURLY RATE = boiler house group or furnace group emission rate (lbs SO /hour).

COG = actual volume of coke oven gas consumed (1000 ft per clock-hour) in a furnace group or boiler house group.

BFG = actual volume of blast furnace gas consumed (ft per clock-hour) in a furnace group or boiler house group.

NG = actual volume of natural gas consumed (1,000,000 ft per clock-hour) in a furnace group or boiler house group.

H S = actual concentration of hydrogen sulfide in BFG (gr/ft ) determined on a 1-hour average basis for each clock-hour of operation.

(h) Not later than June 30, 2017, the company shall conduct SO emission stack tests of a representative boiler in number 1 boiler house and of a representative boiler in number 2 boiler house. Not less than 30 days before to testing, a complete stack test protocol must be submitted to the department for approval. The final plan must be approved by the department before testing. Verification of emission rates includes the submittal of a complete report of the test results to the department within 60 days following the last date of the test. The company shall keep the records of the test on file at the facility for a period of 5 years, in a format acceptable to the department, and make them available to the department upon request.

(4) The emission rate limits in subrules (2)(a) and (3)(a) of this rule, or equivalent limits as determined by dispersion modeled SO2 impacts, may be met with several different control methods including sulfur dioxide flue gas emission controls, blending of alternate lower sulfur content fuels with currently used fuels, application of fuel desulfurization control to the currently used coke oven gas and blast furnace gas, use of improved dispersion techniques such as use of taller exhaust stacks, or a combination of these and/or other control measures. By August 31, 2016, the company shall submit to the MDEQ for approval the control methods, control efficiencies as appropriate, and associated testing, recordkeeping and reporting methods that the company will use to comply with this rule.

**History**
- *History: 2016 AACS.*

### **R 336.1601 to R 336.1662** Part 6. Emission Limitations and Prohibitions-Existing Sources of Volatile Organic Compound Emissions

##### **Mich. Admin. Code R 336.1601** Definitions {#sec-r-336.1601 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1601}

DEPARTMENT OF ENVIRONMENT, GREAT LAKES, AND ENERGY

AIR QUALITY DIVISION

AIR POLLUTION CONTROL

(By authority conferred on the director of the department of environment, Great Lakes, and energy by sections 5503 and 5512 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.5503 and 324.5512, and Executive Reorganization Order Nos. 1995-16, 2009-31, and 2011-1, MCL 324.99903, 324.99919, and 324. 99921)

PART 6. EMISSION LIMITATIONS AND PROHIBITIONS--

EXISTING SOURCES OF VOLATILE ORGANIC COMPOUND EMISSIONS

Rule 601. As used in this part:

(a) “2015 ozone nonattainment area” means Berrien, Livingston, Macomb, Monroe, Oakland, St. Clair, Washtenaw, Wayne, the western portion of Allegan, and the western portion of Muskegon Counties.

(b) “Eastern portion of Muskegon County” means the areas located in Muskegon County described as Casnovia Township, Cedar Creek Township, Egelston Township, Holton Township, Moorland Township, Ravenna Township, and Sullivan Township.

(c) "Existing source" means any process or process equipment that is subject to the rules listed in table 60 and has either has been placed into operation before the corresponding date listed in table 60, or for which an application for a permit to install, pursuant to the provisions of part 2 of these rules, was made to the department before the corresponding date listed in table 60. The term does not include a process or process equipment operated for research, development, or pilot studies, if the operation is not for the purpose of producing saleable products or goods.

TABLE 60

Rules Date R 336.1604 to R 336.1605 July 1, 1979 R 336.1606 to R 336.1609 March 1, 2023

##### **Mich. Admin. Code R 336.1610** July 1, 1979 {#sec-r-336.1610 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1610}

##### **Mich. Admin. Code R 336.1610a** March 1, 2023 R 336.1611 to R 336.1617 July 1, 1979 {#sec-r-336.1610a omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1610a}

##### **Mich. Admin. Code R 336.1618** March 1, 2023 {#sec-r-336.1618 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1618}

##### **Mich. Admin. Code R 336.1620** July 1, 1980 {#sec-r-336.1620 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1620}

##### **Mich. Admin. Code R 336.1620a** March 1, 2023 {#sec-r-336.1620a omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1620a}

##### **Mich. Admin. Code R 336.1621** July 1, 1980 {#sec-r-336.1621 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1621}

##### **Mich. Admin. Code R 336.1621a** March 1, 2023 R 336.1622 to R 336.1624 July 1, 1980 {#sec-r-336.1621a omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1621a}

##### **Mich. Admin. Code R 336.1624a** March 1, 2023 {#sec-r-336.1624a omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1624a}

##### **Mich. Admin. Code R 336.1625** July 1, 1980 {#sec-r-336.1625 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1625}

##### **Mich. Admin. Code R 336.1628** January 5, 1981 {#sec-r-336.1628 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1628}

##### **Mich. Admin. Code R 336.1629** January 20, 1984 R 336.1630 and R 336.1631 July 1, 1987 R 336.1632 to R 336.1644 March 1, 2023 Any process or process equipment not subject to the provisions of any rule in this part {#sec-r-336.1629 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1629}

July 1, 1979 (d) “Heavier vehicles” means a self-propelled vehicle designed for transporting persons or property on a street or highway that has a gross vehicle weight rating over 8,500 pounds.

(e) “Local distribution company custody transfer station” means a metering station where a local distribution company receives a natural gas supply from an upstream supplier, which may be an interstate transmission pipeline or a local natural gas producer, for delivery to customers through the local distribution company's intrastate transmission or distribution lines.

(f) “Natural gas distribution” means the distribution pipelines and metering and regulating equipment at metering-regulating stations that are operated by a local distribution company within a single state that is regulated as a separate operating company by a public utility commission or that is operated as an independent municipally owned distribution system.

(g) “Natural gas processing” means the process of separating and recovering certain hydrocarbons and fluids from the raw gas to produce pipeline quality natural gas and natural gas products.

(h) “Natural gas processing plant” means any processing site engaged in the extraction of natural gas liquids from field gas, fractionation of mixed natural gas liquids to natural gas products or both. Natural gas processing plant does not include a Joule-Thompson valve, a dew point depression valve, or an isolated or standalone Joule-Thompson skid.

(i) “Natural gas transmission and storage” means the transport or storage of natural gas prior to delivery to a local distribution company custody transfer station or to a final end user if there is no local distribution company custody transfer station. For the purposes of this part, natural gas enters the natural gas transmission and storage segment after the natural gas processing plant, when present.

(j) “Oil and natural gas industry” means the operations involved in the extraction and production of crude oil and natural gas, as well as the processing, transmission, storage, and distribution of natural gas. For the purposes of the rules in this part, oil and natural gas industry operations will be referred to in the following 4 segments:

(i) Oil and natural gas production.

(ii) Natural gas processing.

(iii) Natural gas transmission and storage.

(iv) Natural gas distribution.

(k) “Oil and natural gas production” means operations including the wells and all related processes used in the extraction, production, recovery, lifting, stabilization, and separation or treating of oil or natural gas, or both, including condensate.

(l) "Person responsible" means a person that owns, leases, controls, operates, or supervises a source of air contaminants.

(m) “Well site” means a site where any combination of the following occurs to petroleum or natural gas, including condensate, or both:

(i) Extraction.

(ii) Recovery.

(iii) Lifting.

(iv) Stabilization.

(v) Separation.

(vi) Treating.

(n) “Western portion of Allegan County” means the areas in Allegan County described as Casco Township, Cheshire Township, city of Douglas, city of Holland, city of Saugatuck, Clyde Township, Fillmore Township, Ganges Township, Heath Township, Laketown Township, Lee Township, Manlius Township, Overisel Township, Saugatuck Township, and Valley Township.

(o) “Western portion of Muskegon County” means the areas located in Muskegon County described as Blue Lake Township, city of Montague, city of Muskegon, city of Muskegon Heights, city of North Muskegon, city of Roosevelt Park, city of Whitehall, Dalton Township, including the village of Lakewood Club, Fruitland Township, Fruitport Township, including the village of Fruitport, Laketon Township, Montague Township, Muskegon Township, city of Norton Shores, White River Township, and Whitehall Township.

**History**
- *History: 1980 AACS; 1981 AACS; 1989 AACS; 1993 AACS; 2002 AACS; 2023 AACS.*

##### **Mich. Admin. Code R 336.1602** Existing sources of volatile organic compound emissions generally {#sec-r-336.1602 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1602}

Rule 602. (1) A person shall not cause or allow the emission of volatile organic compounds from any existing source in excess of the provisions of any rule of this part or the maximum allowable emission rate specified in any of the following, whichever results in the lowest maximum allowable emission rate:

(a) A permit to install.

(b) A renewable operating permit issued under R 336.1210.

(d) A performance contract.

(e) A stipulation.

(f) An order of the department.

(2) Department approvals for the equivalent emission rates, alternate emission rates, or compliance methods that are authorized pursuant to any of the provisions listed in subdivision (a) of this subrule must comply with all of the following provisions:

(a) The provisions of this subrule apply to approvals by the department pursuant to any of the following provisions:

(i) R 336.1610(5)(a) (More than 24-hour but less than 1-month averaging period).

(ii) R 336.1610(11) table 63 (Column B - transfer efficiency).

(iii) R 336. 1610a(4)(d)(i) (More than 24-hour but less than 1-month averaging period).

(iv) R 336.1610a(4)(e)(vii) (Alternative compliance method).

(v) R 336.1610a(4) table 64-b and table 64-d (Column B – transfer efficiency).

(v) R 336.1611(1) (Equivalent control method).

(vi) R 336.1620(4)(a) (More than 24-hour but less than 1-month averaging period).

(vii) R 336.1621(4) (Transfer efficiency).

(viii) R 336.1621(4) (Baseline transfer efficiency less than 60%).

(ix) R 336.1621(6)(a) (More than 24-hour but less than 1-month averaging period).

(x) R 336.1621(9)(e) (Metallic-nonmetallic part).

(xi) R 336.1621a(2)(b)(ii) (Metallic-nonmetallic part).

(xii) R 336.1621a(3)(c) (Alternate emission limits).

(xiii) R 336.1621a(3)(h)(i) (More than 24-hour but less than 1-month averaging period).

(xiv) R 336.1622(1) (Equivalent control method).

(xv) R 336.1623(1) (Equivalent control method).

(xvi) R 336.1623(8)(d) (Equivalent compliance provisions).

(xvii) R 336.1624(1) (Equivalent emission rate).

(xviii) R 336.1624(5)(d) (More than 24-hour but less than 1-month averaging period).

(xix) R 336.1625(1) (Equivalent control method, except alternative to condenser in R 336.1625(2)(b)).

(xx) R 336.1625(2)(b) (Alternative control method).

(xxi) R 336.1625(8) (Alternative control system).

(xxii) R 336.1628(1) (Equivalent control method).

(xxiii) R 336.1629(1) (Equivalent control method).

(xxiv) R 336.1630(1) (Equivalent control method).

(xxv) R 336.1631(1) (Equivalent control method).

(xxvi) R 336.1631(5) (Alternate compliance method).

(xxvii) R 336.1632(6)(a) (More than 24-hour but less than 1-month averaging period).

(xxviii) R336.1633(3)(f)(i) (More than 24-hour but less than 1-month averaging period).

(xxix) R 336.1636(4)(a) (Alternate emission limits).

(xxx) R 336.1636(6)(b)(i) (More than 24-hour but less than 1-month averaging period).

(xxxi) R 336.2004(4) (Alternate test method).

(xxxii) R 336.2040(5)(a)(i)(A) (Alternate test method).

(xxxiii) R 336.2040(5)(a)(iv) (Alternate test method).

(xxxiv) R 336.2040(9) (Transfer efficiency test method).

(xxxv) R 336.2040(9)(j)(ii) (Alternate measurement procedure).

(xxxvi) R 336.2040(10) (Modified capture efficiency test method).

(xxxvii) R 336.2040(11)(a)(iv) (Alternate test method).

(xxxviii) R 336.2040(11)(b)(ii) (Alternate test method).

(b) Upon application for a new permit or order, or revision to an existing permit or order, to request the approval of the provisions outlined in subdivision (a) of this subrule, the source shall submit a demonstration containing the following, as applicable:

(i) Reasons why the applicant is requesting an alternative.

(ii) Information demonstrating why the limitation or requirement as described in the applicable part 6 rule is not possible to attain.

(iii) Explanation of why alternative options, such as implementation of add-on controls or modifying coating formulations would not be sufficient to meet other part 6 rules.

(iv) A demonstration showing why the ozone National Ambient Air Quality Standard will not be affected.

(v) Additional pertinent information, as needed.

(c) At a minimum, the portion of or the whole proposed draft permit or order approval related to this rule is subject to a 30-day public comment period. When the proposed approval is noticed for a 30-day public comment period, a copy of the notice must also be sent to the United States Environmental Protection Agency.

(d) The proposed draft permit or order approval must offer a public hearing upon request immediately after the 30-day public comment period that is required in subdivision (c) of this subrule.

(e) The department approval becomes part of a legally enforceable order of the department or permit to install.

(f) Upon department issuance of the legally enforceable document identified in subdivision (e) of this subrule, it must be sent to the United States Environmental Protection Agency as a request for a revision of the state implementation plan, together with all of the other information that is required for the submittal of a complete state implementation plan revision request. Department approval and the legally enforceable document does not affect the federally approved state implementation plan until and unless the submitted state implementation plan revision request is formally approved by the United States Environmental Protection Agency.

(3) Department approval of a derivative authorized by the provision in R 336.1625(4) include the following actions:

(a) The department approval becomes part of a legally enforceable order of the department or permit to install.

(b) A copy of the legally enforceable document that is identified in subdivision (a) of this subrule is sent to the United States Environmental Protection Agency.

(4) A person responsible for a facility with allowed or potential volatile organic compound emissions equal to or greater than 100 tons per year located in the 2015 ozone nonattainment area for which no reasonably available control technology (RACT) requirement has been established in R 336.1604 to R336.1644, shall meet the following requirements:

(a) Any source at a facility subject to this subrule that has an actual emission rate of volatile organic compounds of less than 2.7 tons per calendar year before consideration of controls does not apply to the provisions within this subrule and must obtain current information and keep records that are necessary for the determination of compliance with the provisions of this subrule, unless either of the following applies:

(i) The actual emission rate equals or is more than 2.7 tons per calendar year for a subsequent year, then this subrule permanently applies to these sources.

(ii) The total combined emission rate for sources applicable to this subdivision is more than 25 tons per year, then the provisions of this subrule permanently applies.

(b) Provide the department and United States Environmental Protection Agency with the following information within 3 months after final promulgation of this rule revision:

(i) Identification of each facility, including individual emission sources, to which this rule applies.

(ii) Determination of the total potential to emit and the actual emissions of volatile organic compounds for the most recent calendar year from each source at the facility using emission testing, mass balance, or a calculation method acceptable by the department.

(c) Provide the department and United States Environmental Protection Agency a proposal for RACT for each source of volatile organic compounds at a facility within 6 months after final promulgation of this rule revision, or an alternative timeframe approved by the department. The RACT proposal must include, at a minimum, the following information:

(i) A list of each source subject to the RACT requirements.

(ii) The size or capacity of each affected source and the types and quantities of materials processed or produced in each source.

(iii) A physical description of each source and its operating characteristics.

(iv) Estimates of the potential and actual volatile organic compound emissions from each affected source and associated supporting documentation.

(v) A RACT analysis that meets the requirements of subdivision (c) of this subrule, including technical and economic support documentation for each affected source.

(vi) A schedule for completing implementation of the RACT proposal as expeditiously as practicable but not later than 6 months after department approval of the proposal, including interim dates for the issuance of purchase orders, start and completion of process, technology and control technology changes, and the completion of compliance testing.

(vii) The testing, monitoring, recordkeeping, and reporting procedures proposed to demonstrate compliance with RACT.

(viii) Any additional information requested by the department necessary for the evaluation of the RACT proposal.

(d) The RACT analysis required under subdivision (b)(v) of this subrule must include all of the following:

(i) A ranking of the available control options for the affected source in descending order of control effectiveness. Available control options are air pollution control technologies or techniques with a reasonable potential for application to the source. Air pollution control technologies and techniques include the application of production process or control methods that reduce volatile organic compound emissions. The control technologies and techniques must include existing controls for the source category and technology transfer controls applied to similar source categories.

(ii) An evaluation of the technical feasibility of the available control options identified in paragraph (i) of this subdivision. The evaluation of technical feasibility must be based on physical, chemical, and engineering principles. A determination of technical infeasibility must identify technical difficulties that would preclude the successful use of the control option on the affected source.

(iii) A ranking of the technically feasible control options in descending order of overall control effectiveness for volatile organic compound emissions. The list must present the array of control options and include, at a minimum, the following information:

(A) The baseline emissions of volatile organic compounds before implementation of each control option.

(B) The estimated emission reduction potential or the estimated control efficiency of each control option.

(D) The economic impacts and cost effectiveness of each control option.

(iv) An evaluation of cost effectiveness of each control option consistent with the “EPA Air Pollution Control Cost Manual (Sixth Edition),” EPA-452/B-02-001, adopted by reference in R 336.1902. The evaluation must be conducted in accordance with the following requirements:

(A) The cost effectiveness must be evaluated in terms of dollars per ton of volatile organic compound emissions reduction.

(B) The cost effectiveness must be calculated as the annualized cost of the control option, divided by the baseline emission rate, minus the control option emission rate, as shown by the following equation:

Average cost effectiveness = Control option total annualized cost ($/yr)

($/ton removed) ------------------------------------------------------- Baseline emission rate – Control option rate (tons/yr)

(C) For purposes of this subparagraph, baseline emission rate represents the maximum emissions before the implementation of the control option. The baseline emission rate is established using either test results or approved emission factors and historic operating data.

(e) The department shall approve, deny, or modify each RACT proposal.

(f) Upon receipt of notice of the department's approval of the RACT proposal, the facility shall begin implementation of the measures necessary to comply with the approved or modified RACT proposal. Implementation of the RACT program must be completed according to the schedule established in the approved RACT proposal and be as expeditious as practicable, but no later than 6 months after department approval of the RACT proposal or in an alternative timeframe approved by the department.

(g) The department shall submit each approved RACT program to the United States Environmental Protection Agency for approval as a revision to the state implementation plan.

**History**
- *History: 1980 AACS; 1993 AACS; 1998-2000 AACS; 2002 AACS; 2023 AACS.*

##### **Mich. Admin. Code R 336.1603** Rescinded {#sec-r-336.1603 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1603}

**History**
- *History: 1980 AACS; 1981 AACS; 1997 AACS.*

##### **Mich. Admin. Code R 336.1604** Storage of organic compounds having true vapor pressure of more than 1.5 psia, but less than 11 psia, in existing fixed roof stationary vessels of more than 40,000-gallon capacity {#sec-r-336.1604 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1604}

Rule 604. (1) After April 30, 1981, it is unlawful for a person to store any organic compound having a true vapor pressure of more than 1.5 psia, but less than 11 psia, at actual storage conditions in any existing fixed roof stationary vessel of more than 40,000-gallon capacity, unless 1 of the following conditions is met:

(a) The vessel is a pressure tank capable of maintaining working pressures sufficient to prevent organic vapor or gas loss to the atmosphere at all times, except under emergency conditions.

(b) The vessel is equipped and maintained with a floating cover or roof which rests upon, and is supported by, the liquid being contained and has a closure seal or seals to reduce the space between the cover or roof edge and the vessel wall. The seal or any seal fabric shall not have visible holes, tears, or other nonfunctional openings.

(c) The vessel is equipped and maintained with a vapor recovery system, or other control system approved by the department, which recovers not less than 90%, by weight, of the uncontrolled organic vapor that would otherwise be emitted into the atmosphere.

(2) All openings, except stub drains, in any stationary vessel subject to the provisions of this rule shall be equipped with covers, lids, or seals so that all of the following conditions are met:

(a) The cover, lid, or seal is in the closed position at all times, except when in actual use.

(b) Automatic bleeder vents are closed at all times, except when the roof is floated off, or landed on, the roof leg supports.

(c) Rim vents, if provided, are set at the manufacturer's recommended setting or are set to open when the roof is being floated off the roof leg supports.

**History**
- *History: 1980 AACS; 2002 AACS.*

##### **Mich. Admin. Code R 336.1605** Storage of organic compounds having true vapor pressure of 11 or more psia in existing stationary vessels of more than 40,000-gallon capacity {#sec-r-336.1605 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1605}

Rule 605. (1) After April 30, 1981, it is unlawful for a person to store any organic compound having a true vapor pressure of 11 or more psia at actual storage conditions in any existing stationary vessel of more than 40,000-gallon capacity, unless 1 of the following conditions is met:

(a) The vessel is a pressure tank capable of maintaining working pressures sufficient to prevent organic vapor or gas loss to the atmosphere at all times, except under emergency conditions.

(b) The vessel is equipped and maintained with a vapor recovery system, or other control system approved by the department, which recovers not less than 90%, by weight, of the uncontrolled organic vapor that would otherwise be emitted into the atmosphere.

(2) All openings in any stationary vessel subject to the provisions of this rule shall be equipped with covers, lids, or seals so that the covers, lids, or seals are in a closed position at all times, except when in actual use.

**History**
- *History: 1980 AACS; 2002 AACS.*

##### **Mich. Admin. Code R 336.1606** Loading gasoline into existing stationary vessels of more than 2,000-gallon capacity at dispensing facilities {#sec-r-336.1606 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1606}

Rule 606. (1) It is unlawful for a person to load or allow the loading of gasoline from a delivery vessel into any existing stationary vessel of more than 2,000-gallon capacity located at a gasoline dispensing facility unless the stationary vessel is equipped with a permanent submerged fill pipe for either of the following:.

(a) A facility with a throughput of 250,000 or more gallons per year, and the stationary vessel was installed before July 1, 1979.

(b) The stationary vessel was installed after July 1, 1979, and before March 1, 2023.

(2) It is unlawful for a person to load or allow the loading of gasoline from a delivery vessel into any existing stationary vessel of more than 2,000-gallon capacity located at a gasoline-dispensing facility unless the stationary vessel is controlled by a vapor balance system or an equivalent control system approved by the department for the following:

(a) Any stationary vessel installed before July 1, 1979, located in the area listed in table 61 and which has a throughput of 250,000 or more gallons per year, except those served exclusively by gasoline loading facilities that have a throughput of less than 1,000,000 gallons of gasoline per year.

(b) Any stationary vessel installed or modified after July 1, 1979, and before March 1, 2023, and located in an area listed in table 61 or in the 2015 ozone nonattainment area.

(3) Proper operation of the vapor balance system as required in subrule (2) of this rule is when displaced gasoline vapor and air are captured by means of a vapor tight collection line and is designed to return not less than 90%, by weight, of the displaced gasoline vapor from the stationary vessel to the delivery vessel.

(4) Any stationary vessel that is subject to the provisions of subrule (2) of this rule must be equipped, maintained, or controlled with both of the following:

(a) An interlocking system or procedure to ensure that the vapor tight collection line is connected before any gasoline can be loaded.

(b) A device to ensure that the vapor tight collection line is closed upon disconnection to prevent the release of gasoline vapor.

(5) Any delivery vessel that is subject to the provisions of subrule (2) of this rule must be vapor tight and filled only at a loading facility that is equipped with a system as required by R 336.1608(2) and (5), and R 336.1609(2) and (4).

(6) An existing stationary vessel installed or modified after July 1, 1979, and before March 1, 2023, at a gasoline dispensing facility that is not subject to the provisions of subrule (2) of this rule must be constructed in a manner that allows the vessel to be retrofitted according to subrules (2) and (4) of this rule.

(7) Tables 61 and 61-a read as follows:

TABLE 61

List of major metropolitan areas.

(Subject to R 336.1606, R 336.1607, and R 336.1608)

Metropolitan Area County Affected area1 1) Detroit Macomb T3N, R12E, Sections 3-10, 15-22, & 27-34 T3N, R13E, Sections 25, 35, & 36 T3N, R14E, Sections 11-14 & 19-32 T3N, R15E, Sections 7 and 18 T4N, R12E, Sections 27-34 Macomb County south of the T2N north township line Oakland T1N, R8E, Sections 1-36 T1N, R9E, Sections 1-36 T1N, R1OE, Sections 1-36 T1N, R11E, Sections 1-36 T2N, R8E, Sections 1-3, 10-16, & 19-36 T2N, R9E, Sections 1-36 T2N, R1OE, Sections 1-36 T2N, R11E, Sections 1-36 T3N, R8E, Sections 13-15, 20-29, & 33-36 T3N, R9E, Sections 1-36 T3N, R1OE, Sections 2-36 T3N, R11E, Sections 1-5 & 7-36 T4N, R9E, Sections 17, 19-22, & 26-36 T4N, R1OE, Sections 1-3, 10-12, 14-16, 20- 23, 25-29, & 31-35 T5N, R1OE, Sections 22, 26-29, 34, & 35 Washtenaw T2S, R5E, Sections 12-27 & 36 T2S, R6E, Sections 7-11 & 13-36 T2S, R7E, Sections 18, 19, & 29-36 T3S, R6E, Sections 1-6, 8-17, 23, & 24 T3S, R7E, Sections 1- Wayne All areas except the following:

T1S, R8E, Sections 5-8, 17-20, 30, & 31 T2S, R8E, Sections 5-9, 16-21, & 28-30 T3S, R8E, Sections 31-35 T4S, R8E, Sections 2-36 T4S, R9E, Sections 1-5 & 9-36 T4S, R1OE, Sections 7, 8, 17, & 18 Flint Genesee T6N, R5E, Sections 1-3 T6N, R6E, Sections 1-6, 11-14, 24, & 25 T6N, R7E, Sections 1-30 T7N, R5E, Sections 34-36 T7N, R6E, Sections 1-36 T7N, R7E, Sections 1-36 T7N, R8E, Sections 3-11, 14-19, 21, 22, and 30 T8N, R5E, Sections 13-15, 22-27, & 34-36 T8N, R6E, Sections 1, 2, 11-14, & 19-36 T8N, R7E, Sections 5-11 & 13-36 T9N, R6E, Sections 11, 14, 15, 22-27, 35, and T9N, R7E, Sections 31 & 32 Grand Rapids Kent T5N, R11W, Sections 4-8, 17, & 18 T5N, R12W, Sections 1, 12, & 13 T6N, R1OW, Sections 3-10, 15-21, & 28-33 T6N, R11W, Sections 1-36 T6N, R12W, Sections 1-36 T7N, R1OW, Sections 28-35 T7N, R11W, Sections 3-10, 15-23, & 25-36 T7N, R12W, Sections 1-36 T8N, R11W, Sections 13-16, 19-23, & 26-34 Ottawa T5N, R13W, Sections 4 & 5 T6N, R13W, Sections 9-16, 21-29, 32, & 33 Lansing Clinton T5N, R2W, Sections 4, 5, 7-9, 15-18, 20-23, 26-29, & 31- Eaton T3N, R3W, Sections 1-3 & 9-12 T4N, R3W, Sections 1-4, 9-16, 20-26, 35, and Ingham T3N, R2W, Sections 1-12 14-16, 22, & 23 T4N, R1W, Sections 2-11, 14-23, 26-29, & 33 T4N, R2W, Sections 1-36 Maps of affected areas described in table 61 are available upon request.

TABLE 61-a List of counties referenced in R 336.1609 Allegan Ingham Muskegon Barry Ionia Oakland Bay Jackson Ottawa Berrien Kalamazoo Saginaw Branch Kent St. Clair Calhoun Lapeer St. Joseph Cass Lenawee Sanilac Clinton Livingston Shiawassee Eaton Macomb Tuscola Genesee Marquette Van Buren Gratiot Midland Washtenaw Hillsdale Monroe Wayne Huron Montcalm

**History**
- *History: 1980 AACS; 1989 AACS; 2002 AACS; 2023 AACS.*

##### **Mich. Admin. Code R 336.1607** Loading gasoline into existing stationary vessels of more than 2,000-gallon capacity at loading facilities {#sec-r-336.1607 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1607}

Rule 607. (1) It is unlawful for a person to load or allow the loading of gasoline from a delivery vessel into any existing stationary vessel of more than 2,000-gallon capacity located at a gasolineloading facility, unless the stationary vessel is equipped with a permanent submerged fill pipe.

(2) It is unlawful for a person to load, or allow the loading of, gasoline from a delivery vessel into any existing stationary vessel of more than 2,000-gallon capacity located at the following loading facilities, unless the stationary vessel is controlled by a vapor balance system, or an equivalent control system approved by the department:

(a) A loading facility located in any area listed in table 61.

(b) A loading facility located in the 2015 ozone nonattainment area.

(c) A loading facility located outside both the 2015 ozone nonattainment area and any area listed in table 61 that delivers gasoline to a gasoline-dispensing facility subject to R 336.1606(2).

(3) Proper operation of the vapor balance system as required in subrule (2) of this rule is when gasoline vapors and air are captured by means of a vapor tight collection line that is designed to return not less than 90%, by weight, of the displaced gasoline vapor from the stationary vessel to the delivery vessel.

(4) Any stationary vessel that is subject to the provisions of subrule (2) of this rule must be equipped, maintained, or controlled with all of the following:

(a) An interlocking system or procedure to ensure that the vapor tight collection line is connected before any gasoline can be loaded.

(b) A device to ensure that the vapor tight collection line must close upon disconnection so as to prevent the release of gasoline vapor.

(c) Pressure-vacuum relief valves on above ground stationary vessels with a minimum pressure valve setting of 8 ounces if that setting does not exceed the container's maximum pressure rating.

(5) Any delivery vessel subject to subrule (2) of this rule must be vapor tight.

(6) A person who is responsible for the operation of all control measures required by this rule shall develop written procedures for the operation of all control measures. The procedures must be posted in an accessible, conspicuous location near the stationary vessel.

(7) An existing stationary vessel installed or modified after July 1, 1979, and before March 1, 2023, at a gasoline loading facility that is not subject to the provisions of subrule (2) of this rule, must be constructed in a manner that allows the vessel to be retrofitted, according to subrules (2) and (4) of this rule.

**History**
- *History: 1980 AACS; 1989 AACS; 2002 AACS; 2023 AACS.*

##### **Mich. Admin. Code R 336.1608** Loading gasoline into delivery vessels at existing loading facilities handling less than 5,000,000 gallons per year {#sec-r-336.1608 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1608}

Rule 608. (1) It is unlawful for a person to load, or allow the loading of, gasoline from a stationary vessel into any delivery vessel located at an existing gasoline-loading facility, which has a throughput of less than 5,000,000 gallons of gasoline per year, unless the delivery vessel is filled by a submerged fill pipe.

(2) It is unlawful for a person to load, or allow the loading of, gasoline from a stationary vessel into any delivery vessel located at any of the following loading facilities having a throughput of less than 5,000,000 gallons per year, unless the delivery vessel is controlled by a vapor balance system, or an equivalent control system approved by the department:

(a) An existing loading facility located in any area listed in table 61.

(b) An existing loading facility located in the 2015 ozone nonattainment area.

(c) An existing loading facility located outside both the 2015 ozone nonattainment area and any area listed in table 61 that delivers gasoline to a gasoline-dispensing facility subject to R 336.1606(2).

(3) The provisions of subrule (2) of this rule do not apply to the following gasoline-loading facilities, provided the facility was installed before July 1, 1979, and has a throughput of less than 1,000,000 gallons of gasoline per year:

(a) An existing loading facility located in any area listed in table 61.

(b) An existing loading facility located outside any area listed in table 61 which delivers gasoline to a gasoline-dispensing facility subject to R 336.1606(2).

(4) Proper operation of the vapor balance system as required in subrule (2) of this rule is when gasoline vapor and air are captured by means of a vapor tight collection line that is designed to return not less than 90%, by weight, of the displaced gasoline vapor from the delivery vessel to the stationary vessel.

(5) Any delivery vessel that is loaded at a facility subject to subrule (2) of this rule must be equipped, maintained, or controlled with all of the following:

(a) An interlocking system or procedure to ensure that the vapor tight collection line is connected before any gasoline can be loaded.

(b) A device to ensure that the vapor tight collection line closes upon disconnection to prevent the release of gasoline vapor.

(c) A device or procedure to accomplish complete drainage before the loading device is disconnected or to prevent liquid drainage from the loading device when not in use.

(d) Pressure-vacuum relief valves that are vapor tight and set to prevent the emission of displaced gasoline vapor during the loading of the delivery vessel, except under emergency conditions.

(e) Hatch openings that are kept closed and vapor tight during the loading of the delivery vessel.

(6) Any stationary vessel at a facility subject to subrule (2) of this rule must be vapor tight.

(7) A person who is responsible for the operation of all control measures required by this rule shall develop written procedures for the operation of all such control measures. The procedures must be posted in an accessible, conspicuous location near the loading device.

**History**
- *History: 1980 AACS; 1989 AACS; 2002 AACS; 2023 AACS.*

##### **Mich. Admin. Code R 336.1609** Loading delivery vessels with organic compounds having true vapor pressure of more than 1.5 psia at existing loading facilities handling 5,000,000 or more gallons of the compounds per year {#sec-r-336.1609 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1609}

Rule 609. (1) After June 30, 1981, it is unlawful for a person to load, or allow the loading of, any organic compound that has a true vapor pressure of more than 1.5 psia at actual conditions from any stationary vessel into any delivery vessel located at the following existing loading facilities that are outside any county listed in table 61-a and have a throughput of 5,000,000 or more gallons of the compounds per year, unless the delivery vessel is filled by a submerged fill pipe:

(a) An existing facility installed outside the counties listed in table 61-a before July 1, 1979.

(b) An existing facility installed or modified in this state after July 1, 1979, and before March 1, 2023.

(2) It is unlawful for a person to load, or allow the loading of, any organic compound that has a true vapor pressure of more than 1.5 psia at actual conditions from any stationary vessel into any delivery vessel located at the following existing loading facilities which have a throughput of 5,000,000 or more gallons of the compounds per year, unless the delivery vessel is controlled by a vapor recovery system as described in subrule (3) of this rule:

(a) An existing facility installed in counties listed in table 61-a before July 1, 1979.

(b) An existing facility installed or modified in this state after July 1, 1979, and before March 1, 2023.

(3) Proper operation of the vapor recovery system as required by subrule (2) of this rule is when all displaced organic vapor and air are captured by means of a vapor tight collection line and the system recovers the organic vapor such that emissions to the atmosphere do not exceed 0.7 pounds of organic vapor per 1,000 gallons of organic compounds loaded.

(4) Any delivery vessel located at a facility that is subject to the provisions of subrule (2) of this rule must be equipped, maintained, or controlled with all of the following:

(a) An interlocking system or procedure to ensure that the vapor tight collection line is connected before any organic compound can be loaded.

(b) A device to ensure that the vapor tight collection line closes upon disconnection to prevent the release of organic vapor.

(c) A device to accomplish complete drainage before the loading device is disconnected, or a device to prevent liquid drainage from the loading device when not in use.

(d) Pressure-vacuum relief valves that are vapor tight and set to prevent the emission of displaced organic vapor during the loading of the delivery vessel, except under emergency conditions.

(e) Hatch openings that are kept closed and vapor tight during the loading of the delivery vessel.

(5) A person who is responsible for the operation of all control measures required by this rule shall develop written procedures for the operation of all such control measures. The procedures must be posted in an accessible, conspicuous location near the loading device.

(6) The provisions of this rule do not apply to the loading of the following:

(a) Crude oil or condensate into delivery vessels at production facilities if loading is accomplished with a submerged fill pipe.

(b) Butane, isobutane, propane, propylene, butylene, C3-C4 mixtures, and mixtures of these organic compounds that comply with the following specified requirements:

(i) Utilizes a pressurized loading system that does not allow organic vapor to be discharged from the delivery vessel during loading.

(ii) Utilizes a device to ensure the loading line closes upon disconnection to prevent release of organic vapor.

(iii) Ensures that all pressure-vacuum relief valves are vapor-tight and set to prevent the emission of organic vapor during the loading of the delivery vessel, except under emergency conditions.

(iv) All hatch openings are kept closed and vapor-tight during the loading of the delivery vessel.

(v) Written procedures for the operation of the loading device are posted in an accessible, conspicuous location near the loading device.

**History**
- *History: 1980 AACS; 1989 AACS; 2023 AACS.*

##### **Mich. Admin. Code R 336.1610** Existing coating lines; emission of volatile organic compounds from existing automobile, light-duty truck, and other product and material coating lines {#sec-r-336.1610 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1610}

Rule 610. (1) A person shall not cause or allow the emission of volatile organic compounds from the coating of automobiles and light-duty trucks, from any existing coating line, in excess of the applicable emission rates shown in table 62.

(2) A person shall not cause or allow the emission of volatile organic compounds from the coating of any of the following, from an existing coating line, in excess of the applicable emission rates shown in column A of table 63 or the equivalent emission rates in column B of table 63:

(a) Cans.

(b) Coils.

(d) Metal furniture.

(e) Magnet wire.

(f) The nonmetallic surfaces of fabrics, vinyl, or paper.

(3) Subrule (2) of this rule notwithstanding, and as an alternative to the allowable emission rate established by table 63, the existing paper coating lines at Fletcher Paper Company of Alpena may comply with subrule (2) of this rule by not exceeding a volatile organic compound emission rate of 180 tons per calendar year and 30 tons per calendar month.

(4) A person who is responsible for the operation of a coating line that is subject to this rule shall obtain current information and keep records necessary for the determination of compliance with this rule, as required in R 336.2041.

(5) For each coating line, compliance with the emission limits specified in table 62 and table 63 must be based upon all of the following provisions:

(a) For prime coat operations that utilize an electrodeposition process in automobile and lightduty truck coating lines that are regulated under table 62, compliance must be based upon all coatings that belong to the same coating category that is used during each calendar month averaging period. For all other coatings, compliance must be based upon the volume-weighted average of all coatings that belong to the same coating category and are used during each calendar day averaging period. The department may specifically authorize compliance to be based upon a longer averaging period, which must not be more than 1 calendar month.

(b) If coatings that belong to more than 1 coating category are used on the same coating line during the specified averaging period, then compliance must be determined separately for each coating category.

(6) Compliance with the emission limits specified in this rule must be determined using 1 of the following methods, as applicable:

(a) For the prime-electrodeposition process and for the final repair emission limits specified in table 62, the method described in either R 336.2040(12)(a) if the coating line does not have an add-on emissions control device or R 336.2040(12)(b) if the coating line has 1 or more add-on emissions control devices.

(b) For the primer surfacer and topcoat emission limits specified in table 62, compliance must be determined by the methodology described in the publication entitled "Protocol for Determining the Daily Volatile Organic Compound Emission Rate of Automobile and Light-duty Truck Topcoat Operations", EPA-453/R-08-002, adopted by reference in R 336.1902. References to topcoat operations in this publication also apply to primer surfacer lines, with the following added provisions:

(i) Unless specifically included in the adopted publication, if an anti-chip, color-in-prime, blackout, or spot primer coating is applied as part of either a primer surfacer or topcoat coating operation, then the anti-chip, color-in-prime, blackout, or spot primer coating must be included in the transfer efficiency tests for that coating operation, conducted according to section 18 or 19 of the adopted publication, and the transfer efficiency values in section 20 of the adopted publication must not be used.

(ii) If spot primer is applied as part of a primer surfacer coating operation, then the daily usage of spot primer, as calculated in section 8 of the adopted publication, may be derived from monthly usage of spot primer based upon the number of vehicles processed in the primer surfacer operation each day. If an add-on emissions control device is used on the coating line application area to achieve compliance with the primer surfacer or topcoat emission limits specified in table 62, then the capture efficiency must be determined in accordance with R 336.2040(10).

(c) For the emission limits specified in column B of table 63, the method described in either R 336.2040(12)(e) if the coating line does not have an add-on emissions control device or R 336.2040(12)(f) if the coating line has 1 or more add-on emissions control devices.

(d) For the emission limits specified in column A of table 63, the method described in either R 336.2040(12)(a) if the coating line does not have an add-on emissions control device or R 336.2040(12)(b) if the coating line has 1 or more add-on emissions control devices.

(7) The provisions of this rule, except for the provisions in subrule (4) of this rule, do not apply to coating lines that are within a stationary source and that have a combined actual emission rate of volatile organic compounds of less than 100 pounds per day or 2,000 pounds per month as of November 4, 1999. If the combined actual emission rate equals or is more than 100 pounds per day for a subsequent day or 2,000 pounds per month for a subsequent month, then this rule permanently applies to the coating lines.

(8) A person may exclude low-use coatings that total 55 gallons or less per rolling 12-month period at a stationary source from the provisions of this rule, except for subrule (4) of this rule.

(9) Between November 1 and March 31, a person may discontinue the operation of a natural gasfired afterburner that is used to achieve compliance with the emission limits in this rule, unless the afterburner is used to achieve compliance with, or is required by, any of the following:

(a) Another provision of these rules.

(b) A permit to install.

(d) A voluntary agreement.

(e) A performance contract.

(f) A stipulation.

(g) An order of the department.

(10) If the operation of a natural gas-fired afterburner is discontinued between November 1 and March 31 under subrule (9) of this rule, then both of the following provisions apply between November 1 and March 31:

(a) All other provisions of this rule, except for the emission limits, remain in effect.

(b) All other measures that are used to comply with the emission limits in this rule between April 1 and October 31 must continue to be used.

(11) Tables 62 and 63 read as follows:

TABLE 62

Volatile organic compound emission limits for existing automobile and light-duty truck coating lines Coating Category Emission Limit Prime-electrodeposition process 1.2 Primer surfacer 14.9 Topcoat 14.9 Final repair 4.82 Pounds of volatile organic compounds per gallon of coating, minus water, as applied.

Pounds of volatile organic compounds per gallon of applied coating solids.

The primer surfacer or topcoat coating category would include an anti-chip, blackout, or spot primer coating if this coating is applied as part of the primer surfacer or topcoat coating operation.

TABLE 63

Volatile organic compound emission limits for existing coating lines Coating Category Column A Column B Metallic surfaces Coating of cans Sheet basecoat (exterior and interior and overvarnish; 2- piece Can exterior (basecoat and overvarnish) 2.8 2- and 3-piece can interior body spray; 2-piece can interior end (spray or roll coat) 4.2 3-piece can side-seam 5.5 End sealing compound 3.7 Coating of coils 2.6 Coating of large appliances 2.8 7.5 Coating of metal furniture 3.0 8.4 Insulation of magnet wire 1.7 Nonmetallic surfaces Coating of fabric 2.9 Coating of vinyl 3.8 Coating of paper 2.9 Pounds of volatile organic compounds emitted per gallon of coating, minus water, as applied.

Pounds of volatile organic compounds emitted per gallon of applied coating solids. The purpose of column B emission limits is to allow credit for transfer efficiencies greater than the baseline transfer efficiency. Note: department approval of the transfer efficiency test method is required.

The allowable emission rate does not apply to coatings that are used for the repair of scratches and nicks.

(12) A coating line subject to R 336.1610a does not need to meet the provisions of R 336.1610.

**History**
- *History: 1980 AACS; 1981 AACS; 1989 AACS; 1993 AACS; 1999 AACS; 2002 AACS; 2017 AACS; 2023 AACS.*

##### **Mich. Admin. Code R 336.1610a** Existing coating lines; emission of volatile organic compounds from existing automobile, light-duty truck; and paper, film, and foil; cans, coils, and fabrics; insulation of magnet wire; metal furniture coating lines in 2015 ozone nonattainment areas {#sec-r-336.1610a omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1610a}

Rule 610a. (1) As used in this rule:

(a) “Automobile” means a motor vehicle designed to carry up to 8 passengers. Automobile does not include vans, sport utility vehicles, or motor vehicles designed primarily to transport light loads of property.

(b) “Coatings of paper, film, and foil” means materials applied onto or impregnated into a substrate for decorative, protective, or functional purposes, including, but not limited to, solventborne coatings, water-borne coatings, adhesives, wax coatings, wax laminations, extrusion laminations, 100% solid adhesives, UV cured coatings, electron beam cured coatings, hot melt coatings, and cold seal coatings.

(c) “Occurrence” means the application of the combination of coatings that constitute a final repair coat for a single automobile or light-duty truck.

(2) Except as provided in subrule (3) of this rule, the provisions of this rule apply to a person causing or allowing the emission of any volatile organic compound from the following existing coating lines at a facility located in the 2015 ozone nonattainment areas:

(a) Automobile and light-duty truck assembly coatings product category, as defined in R 336.1103.

(b) The coating of bodies or body parts, or both, for new heavier vehicles at an automobile and light-duty truck assembly facility or a heavier vehicle assembly facility, that meets the applicability requirements of R 336.1621a and has elected to comply with the requirements of this rule instead of the requirements of R 336.1621a.

(d) Paper, film, and foil surface coating operations.

(3) The provisions of this rule, as specified, do not apply to the following:

(a) With the exception of the requirements in subrule (6) of this rule, the following coating lines at a stationary source that have a combined actual emission rate of volatile organic compounds, including related cleaning activities, of less than 15 pounds per calendar day before consideration of controls. If the combined actual emission rate equals or is more than 15 pounds per calendar day for a subsequent day, then this rule permanently applies to these coating lines:

(i) Automobile and light-duty truck assembly coating lines that are within an automobile and light-duty truck assembly facility.

(ii) Metal furniture coating lines at a stationary source.

(iii) Cans, coils, fabrics, and insulation of magnet wire coating lines at a stationary source.

(b) With the exception of the requirements in subrule (6) of this rule, low-use coatings that have a combined total of less than 55 gallons per rolling 12-month period at a stationary source.

(d) The limits in table 64-a of this rule do not apply to automobile and light-duty truck coating materials that are supplied in containers with a net volume of 16 ounces or less, or a net weight of 1 pound or less.

(e) The coating of metallic surfaces that are subject to R 336.1621 or R 336.1621a.

(f) With the exception of the requirements in subrules (5) and (6) of this rule, paper, film, and foil surface coating lines within a stationary source that have a potential to emit less than 25 tons per year of volatile organic compounds before controls. If the potential to emit equals or is more than 25 tons per year of volatile organic compounds from paper, film, and foil coatings for a subsequent year, then this rule permanently applies to the paper, film, and foil surface coating lines.

(g) Facilities subject to R 336.1624 or R 336.1635.

(h) Coatings performed on, in, or off-line with any screen or digital printing press.

(i) Size presses and on-machine coaters on paper making machines applying sizing or waterbased clays.

(j) Paper, film, or foil materials used to form unsupported substrates, such as calendaring of vinyl, blown film, cast film, extruded film, and co-extruded film.

(k) Coatings performed at research and development or prototype facilities.

(4) A person subject to this rule shall not cause or allow the emission of any volatile organic compound, unless the following provisions are met:

(a) An automobile and light-duty truck coating facility must not cause or allow the emission of volatile organic compounds from the coating of automobiles and light-duty trucks or miscellaneous materials, as outlined within table 64-a, from any existing coating line as defined in R 336.1103, in excess of the applicable emission rates shown in table 64-a.

(b) A person subject to this rule shall not cause or allow the emission of volatile organic compounds from the coating of metal furniture, from an existing coating line, in excess of the applicable emission rate as shown in column A of table 64-b or the equivalent emission rates in column B of table 64-b.

(c) A person subject to this rule shall meet an overall volatile organic compound control efficiency of 90% for each existing coating line at a paper, film, and foil stationary source.

Alternatively, a person shall not cause or allow the emission of volatile organic compounds from the coating of paper, film, and foil, from an existing coating line, in excess of the applicable emission rate as shown in column A of table 64-d or the equivalent emission rates in column B of table 64-d.

(d) For each coating line, compliance with the emission limits specified in table 64-a, table 64b, and table 64-d is based upon all of the following provisions:

(i) For prime coat operations that utilize an electrodeposition process in automobile and lightduty truck coating lines that are regulated under table 64-a, compliance is based on all coatings that belong to the same coating category that is used during each calendar month averaging period.

For all other coatings, compliance is based on the volume-weighted average of all coatings that belong to the same coating category and are used during each calendar day averaging period. Under R 336.1602(2), the department may specifically authorize compliance to be based on a longer averaging period, not to exceed more than 1 calendar month.

(ii) If coatings that belong to more than 1 coating category are used on the same coating line during the specified averaging period, then compliance is determined separately for each coating category.

(iii) The information and records as required by subrule (5) of this rule.

(e) Compliance with the emission limits specified in this rule must be determined using the applicable method described in the following paragraphs:

(i) For the prime-electrodeposition process emission limit specified in table 64-a, the method described in either R 336.2040(12)(a) if the coating line does not have an add-on emissions control device or R 336.2040(12)(b) if the coating line has 1 or more add-on emissions control devices.

(ii) For the primer surfacer, topcoat, and combined primer surfacer and topcoat coating category emission limits specified in table 64-a, compliance must be determined by the methodology described in the publication entitled “Protocol for Determining the Daily Volatile Organic Compound Emission Rate of Automobile and Light-duty Truck Topcoat Operations,” EPA-453/R- 08-002, adopted by reference in R 336.1902. References to topcoat operations in this publication also apply to primer surfacer lines, with the following added provisions:

(A) Unless specifically included in the adopted publication, if an anti-chip, color-in-prime, blackout, or spot primer coating is applied as part of either a primer surfacer or topcoat coating operation, then the anti-chip, color-in-prime, blackout, or spot primer coating is included in the transfer efficiency tests for that coating operation, conducted according to section 18 or 19 of the adopted publication, and the transfer efficiency values in section 20 of the adopted publication must not be used.

(B) When spot primer is applied as part of a primer surfacer coating operation, then the daily usage of spot primer, as calculated in section 8 of the adopted publication, may be derived from monthly usage of spot primer based upon the number of vehicles processed in the primer surfacer operation each day. If an add-on emissions control device is used on the coating line application area to achieve compliance with the primer surfacer or topcoat emission limits specified in table 64-a, then the capture efficiency must be determined in accordance with R 336.2040(10).

(iii) For the final repair coating category emission limit specified in table 64-a, compliance must be on an occurrence weighted average basis, calculated in accordance with the following equation, in which clear coatings have a weighting factor of 2 and all other coatings have a weighting factor of 1:

VOCtot = 2푉푉푉푉푉푉 푐푐푐푐 ∑ 푉푉푉푉푉푉 푛푛 푖푖=1 푛푛+2 Where:

VOC tot = Total volatile organic compound content of all coating, as applied, on an occurrence weighted average basis, and used to determine compliance with this paragraph. i = subscript denoting a specific coating applied. n = Total number of coatings applied in the final repair operation, other than clear coatings VOC cc = The volatile organic compound content, as applied, of the clear coat used in the final repair operation.

VOC i = The volatile organic compound content of each coating used in the final repair operation, as applied, other than clear coatings.

(iv) For determining the volatile organic compounds content of coatings, other than reactive adhesives, used at automobile and light-duty truck coating assembly facilities specified in table 64-a, compliance must be determined in accordance with R 336.2040(5).

(v) For determining the volatile organic compounds content of reactive adhesives used at automobile and light-duty truck coating assembly facilities, specified in table 64-a, compliance must be determined by the procedure described in appendix A of 40 CFR part 63, subpart PPPP, adopted by reference in R 336.1902.

(vi) As an alternative for the compliance methods in paragraphs (iv) and (v) of this subdivision, automobile and light-duty truck coating assembly facilities may use the manufacturer’s formulation data. If there is a disagreement between the manufacturer’s formulation data and the results of a subsequent test, the department shall use the test method results unless the facility can make a determination approved by the department that the manufacturer’s formulation data are correct.

(vii) For the emission limits specified in column A of table 64-b, table 64-c, and table 64-d, the method described in either R 336.2040(12)(a) if the coating line does not have an add-on emissions control device or R 336.2040(12)(b) if the coating line has 1 or more add-on emissions control devices, or an alternative method as approved by the department under R 336.1602(2).

(viii) For the emission limits specified in column B of table 64-b and table 64-d, the method described in either R 336.2040(12)(e) if the coating line does not have an add-on emissions control device or R 336.2040(12)(f) if the coating line has 1 or more add-on emissions control devices.

(f) A person responsible for the following coating lines shall make a determination of compliance with these emission limits using the method specified in subrule (3)(e) of this rule and submit a copy of this determination and supporting data to the department by the following specified date, as applicable:

(i) For primer surfacer and topcoat coating lines, no later than 6 months after the effective date of this rule.

(ii) Metal furniture coating lines that are subject to the equivalent emission rates in column B of table 64-b, no later than 6 months after the effective date of this rule.

TABLE 64-a Volatile organic compound emission limits for existing automobile and light-duty truck coating lines and miscellaneous materials used at automobile and light-duty truck assembly coating facilities.

Coating Category VOC Emission Limit Prime-electrodeposition process (EDP)

(including application area, spray/rinse stations, and curing oven)

When solids turnover ratio (R T )≥0.16:

When 0.040≤ R T ≤0.160:

When R T ≤0.040: 0.7 (0.084 x 350 0.160-R T x 8.34)

No VOC emission limit.

Primer surfacer (including application area, flash-off area, and oven) 12.0 Topcoat (including application area, flash-off area, and oven) 12.0 Final repair operations 4.8 Combined primer-surfacer and topcoat 12.0 Miscellaneous Materials Used at Automobile and Light-Duty Truck Assembly Coating Facilities Coating Category lb VOC/gal coating (minus water, as applied) g VOC/L of coating (minus water and exempt compounds, as applied)

Glass Bonding Primer 7.5 Adhesive 2.1 Cavity Wax 5.4 Sealer 5.4 Deadener 5.4 Gasket/Gasket sealing material 1.7 Underbody Coating 5.4 Trunk interior coating 5.4 Bedliner 1.7 Weatherstrip adhesive 6.3 Lubricating wax/compound 5.8 Pounds of volatile organic compounds per gallon of applied coating solids.

Pounds of volatile organic compounds per gallon of applied coating solids on a daily weighted average basis as determined by following the procedures in the “Protocol for determining the Daily Volatile Organic Compound Emission Rate of Automobile and Light-Duty Truck Topcoat Operations” (EPA-453/R-08-002).

Pounds of volatile organic compounds per gallon of coating, minus water, as applied.

The primer surfacer or topcoat coating category would include an anti-chip, blackout, or spot primer coating if this coating is applied as part of the primer surfacer or topcoat coating operation.

VOC emission limits must not be applied to materials supplied in containers with a net volume of 16 ounces or less, or a net weight of 1 pound or less.

TABLE 64-b Volatile organic compound emission limits for existing metal furniture coating lines.

Coating Type Column A Column B Baked Air Dried Baked Air Dried General, 1 Component 2.3 2.3 3.3 3.3 General, Multi-Component 2.3 2.8 3.3. 4.5 Extreme High Gloss 3.0 2.8 5.1 4.5 Extreme Performance 3.0 3.5 5.1 6.7 Heat Resistant 3.0 3.5 5.1 6.7 Metallic 3.5 3.5 6.7 6.7 Pretreatment Coatings 3.5 3.5 6.7 6.7 Solar Absorbent 3.0 3.5 5.1 6.7 Pounds of volatile organic compounds emitted per gallon of coating, minus water, as applied.

Pounds of volatile organic compounds emitted per gallon of applied coating solids. The purpose of column B emission limits is to allow credit for transfer efficiencies greater than the baseline transfer efficiency. Note: department approval under R 336.1602(2) of the transfer efficiency test method is required.

TABLE 64-c Volatile organic compound emission limits for existing cans, coils, fabrics, and insulation of magnet wire coating lines.

Coating Category Column A Coating of cans Sheet basecoat (exterior and interior) and overvarnish; 2-piece Can exterior (basecoat and overvarnish) 2.8 2- and 3-piece can interior body spray; 2-piece can interior end (spray or roll coat) 4.2 3-piece can side-seam 5.5 End sealing compound 3.7 Coating of coils 2.6 Coating of fabric 2.9 Insulation of magnet wire 1.7 Pounds of volatile organic compounds emitted per gallon of coating, minus water, as applied.

TABLE 64-d Volatile organic compound emission limits for paper, film, and foil surface coating and pressure sensitive tape and label surface coating.

Coating Category Column A Column B Paper, Film, and Foils Surface Coating (not including pressure sensitive type and label) 0.08 0.40 Pressure Sensitive Tape and Label Surface Coating 0.067 0.20 Pounds of volatile organic compounds emitted per gallon of coating, minus water, as applied.

(5) A person subject to this rule shall comply with the following work practices for each coating line subject to this rule, unless the source has an equivalent work practice plan established for coatings in a post-1990 federal standard found in 40 CFR part 63 with an equivalent subpart approved by the department. The person responsible for a surface coating operation subject to this rule shall develop written procedures for compliance with the following provisions:

(a) Store all volatile organic compound-containing coatings, thinners, and cleaning materials, including used shop towels, in closed containers.

(b) Minimize spills of volatile organic compound-containing coatings, thinners, and cleaning materials.

(d) Convey any coatings, thinners, and cleaning materials in closed containers or pipes.

(e) Close mixing vessels that contain volatile organic compound coatings and other materials except when specifically in use.

(f) Minimize usage of solvents during cleaning of storage, mixing, and conveying of equipment.

(6) A person responsible for the operation of a coating line that is subject to this rule shall obtain current information and keep records that are necessary for the determination of compliance with the provisions of this rule, as required in R 336.2041.

**History**
- *History: 2023 AACS.*

##### **Mich. Admin. Code R 336.1611** Existing cold cleaners {#sec-r-336.1611 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1611}

Rule 611. (1) A person shall not operate an existing cold cleaner unless all of the provisions of subrules (2) to (4) of this rule are met or unless an equivalent control method is approved by the department under R 336.1602(2).

(2) A person shall not operate an existing cold cleaner unless all of the following conditions are met:

(a) A cover must be installed and must be closed when parts are not being handled in the cleaner.

(b) A device must be available for draining cleaned parts, and the parts must be drained for not less than 15 seconds or until dripping ceases.

(c) Waste organic solvent must be stored only in closed containers, unless the stored solvent is demonstrated to be a safety hazard and is disposed of so that not more than 20%, by weight, is allowed to evaporate into the atmosphere.

(3) A person who is responsible for the operation of a cold cleaner shall develop written procedures for compliance with the provisions of this rule. The procedures must be posted in an accessible, conspicuous location near the cold cleaner.

(4) The provisions of this rule do not apply to cold cleaners that are subject to the provisions of “National Emission Standards for Halogenated Solvent Cleaning”, 40 CFR part 63, subpart T, adopted by reference in R 336.1902.

**History**
- *History: 1980 AACS; 1993 AACS; 1997 AACS; 2017 AACS; 2023 AACS.*

##### **Mich. Admin. Code R 336.1612** Existing open top vapor degreasers {#sec-r-336.1612 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1612}

Rule 612. (1) A person shall not operate an existing open top vapor degreaser unless all of the provisions of this rule are met or unless an equivalent control method is approved by the department.

(2) A person shall not operate an existing open top vapor degreaser unless all of the following conditions are met:

(a) A cover is installed that is designed to be opened and closed easily without disturbing the vapor zone. The cover must be closed at all times, except when processing workloads through the degreaser.

(b) A procedure is be developed to minimize organic solvent carryout by doing all of the following:

(i) Racking parts to allow complete drainage.

(ii) Moving parts in and out of the degreaser at a vertical speed of less than 11 feet per minute when a powered hoist is used to raise or lower the parts.

(iii) Holding parts in the vapor zone not less than 30 seconds or until condensation ceases.

(iv) Tipping or tumbling parts in a manner such that no pools of organic solvent remain on the cleaned parts before removal.

(v) Allowing parts to dry within the degreaser for not less than 15 seconds or until visually dry.

(d) Organic solvent is not sprayed above the vapor level.

(e) Organic solvent leaks are repaired immediately.

(f) The degreaser is operated in a manner such that no water is visibly detectable in solvent exiting the water separator.

(g) Exhaust ventilation do not exceed 65 cubic feet per minute per square foot of degreaser open area, unless necessary to meet OSHA requirements.

(h) Waste organic solvent is stored only in closed containers, unless demonstrated to be a safety hazard and disposed of in a manner such that not more than 20% by weight is allowed to evaporate into the atmosphere.

(3) A person responsible for the provisions of this rule shall develop written procedures for the operation of all such provisions, and such procedures shall be posted in an accessible, conspicuous location near the vapor degreaser.

(4) The provisions of this rule do not apply to any existing open top vapor degreaser having an air/vapor interface of less than 4 square feet.

(5) The provisions of this rule do not apply to an existing open top vapor degreaser that is subject to the provisions of 40 C.F.R. Part 63, Subpart T, “National Emission Standards for Halogenated Solvent Cleaning,” adopted by reference in R 336.1902.

**History**
- *History: 1980 AACS; 1997 AACS; 2002 AACS; 2017 AACS.*

##### **Mich. Admin. Code R 336.1613** Existing conveyorized cold cleaners {#sec-r-336.1613 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1613}

Rule 613. (1) A person shall not operate an existing conveyorized cold cleaner unless all of the provisions of this rule are met or unless an equivalent control method is approved by the department.

(2) A person shall not operate an existing conveyorized cold cleaner unless all of the following conditions are met:

(a) A procedure is developed to minimize organic solvent carryout by doing both of the following:

(i) Racking parts for best drainage.

(ii) Maintaining the conveyor speed at a level that will prevent dripping of solvent off the cleaned parts.

(b) Organic solvent leaks are repaired immediately.

(d) Waste organic solvent is stored only in closed containers, unless demonstrated to be a safety hazard and disposed of in a manner such that not more than 20% by weight is allowed to evaporate into the atmosphere.

(4) The provisions of this rule do not apply to an existing conveyorized cold cleaner that is subject to the provisions of 40 C.F.R. Part 63, Subpart T “National Emission Standards for Halogenated Solvent Cleaning,” adopted by reference in R 336.1902.

**History**
- *History: 1980 AACS; 1997 AACS; 2017 AACS.*

##### **Mich. Admin. Code R 336.1614** Existing conveyorized vapor degreasers {#sec-r-336.1614 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1614}

Rule 614. (1) After June 30, 1980, it is unlawful for a person to operate an existing conveyorized vapor degreaser unless all of the provisions in this rule are met or unless an equivalent control method is approved by the department.

(2) It is unlawful for a person to operate an existing conveyorized vapor degreaser unless all of the following conditions are met:

(a) A procedure is developed to minimize organic solvent carryout by doing both of the following:

(i) Racking parts for best drainage.

(ii) Maintaining the vertical conveyor speed at less than 11 feet per minute.

(b) Organic solvent leaks are repaired immediately.

(c) The degreaser is operated in a manner such that no water is visibly detectable in solvent exiting the water separator.

(d) Exhaust ventilation does not exceed 65 cubic feet per minute per square foot of degreaser open area, unless necessary to meet OSHA requirements.

(e) Waste organic solvent is stored only in closed containers, unless demonstrated to be a safety hazard and disposed of in a manner such that not more than 20% by weight is allowed to evaporate into the atmosphere.

(4) The provisions of this rule do not apply to an existing conveyorized vapor degreaser that is subject to the provisions of 40 C.F.R. Part 63, Subpart T “National Emission Standards for Halogenated Solvent Cleaning”, adopted by reference in R 336.1902.

**History**
- *History: 1980 AACS; 1997 AACS; 2017 AACS.*

##### **Mich. Admin. Code R 336.1615** Existing vacuum-producing systems at petroleum refineries {#sec-r-336.1615 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1615}

Rule 615. After December 31, 1979, it is unlawful for a person to cause or allow the emission of any volatile organic compound from the condensers, hot wells, or accumulators of any existing vacuum-producing system at a petroleum refinery, unless the emission is controlled by 1 of the following methods:

(a) Capture and disposal in a fuel gas system.

(b) Combustion in a smokeless flare.

(c) Any method approved by the department that recovers not less than 90%, by weight, of the uncontrolled volatile organic compound emissions that would otherwise be emitted into the atmosphere.

**History**
- *History: 1980 AACS; 2002 AACS.*

##### **Mich. Admin. Code R 336.1616** Process unit turnarounds at petroleum refineries {#sec-r-336.1616 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1616}

Rule 616. (1) After December 31, 1979, it is unlawful for a person to cause or allow the emission of any volatile organic compound from any process unit turnaround at any petroleum refinery, unless the emission is controlled by 1 of the following methods:

(a) Capture and disposal in a fuel gas system.

(b) Combustion in a smokeless flare.

(c) Any method approved by the department that recovers not less than 90%, by weight, of the uncontrolled volatile organic compounds that would otherwise be emitted into the atmosphere. (2)

The provisions of this rule shall apply until the pressure of all vessels in the system is less than 5 psi gauge.

(3) Except as provided for in subrule (4) of this rule, the department shall be notified not less than 30 days before any process unit turnaround subject to the provisions of this rule.

(4) In the case of a process unit turnaround caused by circumstances beyond the control of the refinery owner or operator, the department shall be notified as soon as reasonably possible.

**History**
- *History: 1980 AACS; 1989 AACS; 2002 AACS.*

##### **Mich. Admin. Code R 336.1617** Existing organic compound-water separators at petroleum refineries {#sec-r-336.1617 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1617}

Rule 617. (1) After December 31, 1980, it is unlawful for a person to operate any existing organic compound-water separator at a refinery unless all separator compartments and all forebays are equipped with a solid cover with all openings sealed and totally enclosing the liquid contents or unless an equivalent method is approved by the department.

(2) All openings in covers, separators, and forebays of any organic compound-water separator subject to the provisions of subrule (1) of this rule shall be equipped with lids or seals so that the lids or seals are in the closed position at all times, except when in actual use.

**History**
- *History: 1980 AACS; 2002 AACS.*

##### **Mich. Admin. Code R 336.1618** Use of cutback or emulsified paving asphalt {#sec-r-336.1618 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1618}

Rule 618. (1) A person shall not manufacture, mix, store, use, or apply cutback or emulsified paving asphalt, from March 1 to October 31, unless the cutback or emulsified paving asphalt contains no greater than 3% volatile organic compounds by volume, which is equivalent to 6.0 milliliters of oil distillate, from a 200 milliliters sample, at 500 degrees Fahrenheit as determined by a test method in subrule (2) of this rule. This rule applies to both existing and new sources as defined by the dates in R 336.1601(c)and R 336.1701.

(2) Compliance with subrule (1) of this rule must be determined by 1 of the following test methods:

(a) ASTM Method D6997, Standard Test Methods and Practice for Distillation of Emulsified Asphalts, adopted by reference in R 336.1902.

(b) AASHTO T59 Standard Method of Test for Emulsified Asphalts, adopted by reference in R 336.1902.

(c) ASTM Method D402, Standard Test Method for Distillation of Cutback Asphaltic (Bituminous) Products, adopted by reference in R 336.1902.

(d) AASHTO T78, Standard Method of Test for Cutback Asphaltic Products, adopted by reference in R 336.1902.

(3) Any person subject to this rule shall maintain records of the manufacture, mixing, storage, use, or application of any cutback or emulsified paving asphalt containing volatile organic compounds during the period March 1 to October 31. The records must include information on the volatile organic compound content documented in the product data sheets or material safety data sheets. The records must be available to any representative of the department during normal business hours, and copies must be provided to the department upon request.

(4) As used in this rule:

(a) “Asphalt” means a dark brown to black solid, liquid, or semisolid cementitious material composed primarily of bitumens that occur naturally or are obtained as a residue of petroleum refining.

(b) “Cutback paving asphalt” means asphalt that has been liquefied by blending with an organic solvent and that is used for the purpose of paving or repairing, or paving and repairing, a road surface.

(c) “Emulsified paving asphalt” means asphalt that has been liquefied by mixing with water and an emulsifying agent and that is used for the purpose of paving or repairing, or paving and repairing, a road surface.

**History**
- *History: 1980 AACS; 2002 AACS; 2012 AACS; 2017 AACS; 2023 AACS.*

##### **Mich. Admin. Code R 336.1619** Standards for perchloroethylene dry cleaning equipment {#sec-r-336.1619 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1619}

Rule 619. A person responsible for the operation of a perchloroethylene dry cleaner that is subject to 40 C.F.R. Part 63, Subpart M, “National Perchloroethylene Air Emission Standards for Dry Cleaning Facilities” shall comply with 40 C.F.R. Part 63, Subpart M. The provisions of 40 C.F.R.

Part 63, Subpart M are adopted by reference in R 336.1902.

Editor's Note: An obvious error in R 336.1619 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Annual Administrative Code Supplement, 2017. The memorandum requesting the correction was published in Michigan Register, 2020 MR 14.

**History**
- *History: 1981 AACS; 1993 AACS; 1997 AACS; 2002 AACS; 2017 AACS.*

##### **Mich. Admin. Code R 336.1620** Emission of volatile organic compounds from existing interior flat wood paneling coating lines {#sec-r-336.1620 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1620}

Rule 620. (1) As used in this rule, “coating of interior flat wood paneling” means the factoryfinished coating of flat products that are constructed of wood and are intended for use as interior paneling. Coating of interior flat wood paneling does not include the coating of flat wood products intended for use as exterior siding, tileboard, cabinets, or furniture components.

(2) A person shall not cause or allow the emission of volatile organic compounds from the coating of interior flat wood paneling from any existing coating line in excess of the applicable emission rates as follows:

(a) Six pounds per 1,000 square feet of coated finished product from printed interior panels made of hardwood, plywood, or thin particle board, regardless of the number of coats applied.

(b) Twelve pounds per 1,000 square feet of coated finished product from natural finish hardwood plywood panels, regardless of the number of coats applied.

(c) Ten pounds per 1,000 square feet of coated finished product from class II finishes on hardboard panels, regardless of the number of coats applied.

(3) A person who is responsible for the operation of a coating line that is subject to this rule shall obtain current information, and keep daily records necessary for the determination of compliance with this rule, as required in R 336.2041.

(4) For each coating line, compliance with the emission limits specified in this rule must be based upon all of the following:

(a) The volume-weighted average of all coatings that belong to the same coating category and are used during each calendar day averaging period. The department may specifically authorize compliance to be based upon a longer averaging period, not to exceed more than 1 calendar month.

(5) Compliance with the limits specified in subrule (1) of this rule must be determined using the method described in either R 336.2040(12)(i) if the coating line does not have an add-on emissions control device or R 336.2040(12)(j) if the coating line has 1 or more add-on emissions control devices.

(6) This rule, with the exception of subrule (2) of this rule, does not apply to flat wood paneling coating lines that are within a stationary source and have a combined actual emission rate of volatile organic compounds of less than 100 pounds per day or 2,000 pounds per month as of the effective date of this amendatory rule. If the combined actual emission rate equals or exceeds 100 pounds per day for a subsequent day or 2,000 pounds per month for a subsequent month, then this rule permanently applies to the coating lines.

(7) A person may exclude low-use coatings that total 55 gallons or less per rolling 12-month period at a stationary source from the provisions of this rule, except for subrule (2) of this rule.

(8) A person may discontinue the operation of a natural gas-fired afterburner, which is used to achieve compliance with the emission limits in this rule, between November 1 and March 31, unless the afterburner is used to achieve compliance with, or is required by, any of the following:

(a) Another provision of these rules.

(b) A permit to install.

(d) A voluntary agreement.

(e) A performance contract.

(f) A stipulation.

(g) An order of the department.

(9) If the operation of a natural gas-fired afterburner is discontinued between November 1 and March 31 under subrule (8) of this rule, then both of the following provisions apply between November 1 and March 31:

(a) All other provisions of this rule, except the emission limits, remain in effect.

(b) All other measures that are used to comply with the emission limits in this rule between April 1 and October 31 must continue to be used.

(10) A flat wood paneling coating line subject to R 336.1620a does not need to meet the provisions of R 336.1620.

**History**
- *History: 1981 AACS; 1993 AACS; 1998-2000 AACS; 2023 AACS.*

##### **Mich. Admin. Code R 336.1620a** Emission of volatile organic compounds from existing flat wood paneling coating lines in 2015 ozone nonattainment areas {#sec-r-336.1620a omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1620a}

Rule 620a. (1) As used in this rule, “coating of flat wood paneling” means the factory-finished coating of flat products that are constructed of wood and intended for use as interior paneling, exterior siding, tileboard, cabinets, or furniture components.

(2) Unless all of the applicable provisions this rule are met, a person shall not cause or allow the emission of any volatile organic compound from the coating of flat wood paneling on existing lines located in the 2015 ozone nonattainment area for the following materials:

(a) Printed interior panels made of hardwood, plywood, or thin particleboard.

(b) Natural finish hardwood plywood panels.

(d) Tileboard.

(e) Exterior siding.

(3) Except as provided in subrule (7), the provisions of this rule do not apply to the following:

(a) Flat wood paneling coating lines that are within a stationary source and have a combined actual emission rate of volatile organic compounds, including related cleaning activities, of less than 15 pounds per day before consideration of controls. If the combined actual emission rate equals or is more than 15 pounds per day for a subsequent day, then this rule permanently applies to these coating lines.

(b) Low-use coatings that total 55 gallons or less per rolling 12-month period at a stationary source.

(4) A person subject to subrule (2) of this rule shall not cause or allow the emission of any volatile organic compound from flat wood paneling coating, unless 1 of the following provisions are met:

(a) Surface coatings, inks, or adhesives are less than 2.1 pounds per gallon coating, excluding water and exempt solvents.

(b) Surface coatings, inks, or adhesives are less than 2.9 pounds per gallon solids.

(c) Add-on control is operated and maintained and has an overall control efficiency of volatile organic compounds of 90% or more.

(5) For each coating line, compliance with the emission limits specified in this rule must be based upon all of the following:

(a) The volume-weighted average of all coatings that belong to the same coating category and are used during each calendar day averaging period.

(6) Compliance with the limits specified in subrule (4) of this rule, as appropriate, must be determined using the methods described in R 336.2040(12), as applicable.

(7) A person who is responsible for the operation of a coating line that is subject to this rule shall obtain current information and keep daily records necessary for the determination of compliance with this rule, as required in R 336.2041.

**History**
- *History: 2023 AACS.*

##### **Mich. Admin. Code R 336.1621** Emission of volatile organic compounds from existing metallic surface coating lines {#sec-r-336.1621 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1621}

Rule 621. (1) A person shall not cause or allow the emission of volatile organic compounds from the coating of metallic surfaces from any existing coating line in excess of the applicable emission rates as follows:

(a) Four and three-tenths pounds of volatile organic compounds emitted per gallon of coating, minus water, as applied for clear coatings.

(b) Three and one-half pounds of volatile organic compounds emitted per gallon of coating, minus water, as applied for air-dried coatings.

(c) Three and one-half pounds of volatile organic compounds emitted per gallon of coating, minus water, as applied for extreme performance coatings.

(d) Four and eight-tenths pounds of volatile organic compounds emitted per gallon of coating, minus water, as applied for truck final repair coatings.

(e) Four and nine-tenths pounds of volatile organic compounds emitted per gallon of coating, minus water, as applied for glass adhesion body primer. As used in this subdivision, "glass adhesion body primer" means the prime coating that is applied to automobile or truck bodies as part of the glass bonding system.

(f) Four and three-tenths pounds of volatile organic compounds emitted per gallon of coating, minus water, as applied for steel pail and drum interior coatings.

(g) Three pounds of volatile organic compounds emitted per gallon of coating, minus water, as applied for all other coatings.

(2) If the provisions of more than 1 subdivision of subrule (1) of this rule are applicable for a specific coating, then the least stringent provision applies.

(3) To take credit for improved transfer efficiency, upon written request and approval by the department, a person may achieve the emission limits specified in subrule (1) of this rule by an equivalent emission limit expressed in pounds of volatile organic compounds emitted per gallon of applied coating solids. The equivalent emission limit is established by the following equation:

A = 퐸퐸 푆푆

(푇푇푇푇) 푏푏 Where:

A = Allowable equivalent emission limit, pounds of volatile organic compounds per gallon of applied coating solids.

E = Applicable emission limit as specified in subrule (1) of this rule, pounds of volatile organic compounds per gallon of coating, minus water, as applied.

S = Solids volume fraction representative of a compliance coating, gallon of solids per gallon of coating, minus water, as applied.

The value of "S" must be determined by using the following equation:

S = 1 - 퐸퐸 7.36

(TE) b = Overall baseline transfer efficiency of the coating line as specified in subrule (4) of this rule, percent. If multiple application methods are used on the coating line, the overall baseline transfer efficiency must be determined using the method described in R 336.2040(9). Department approval of the transfer efficiency test method is required.

(4) For the purpose of establishing an equivalent emission limit under subrule (3) of this rule, the value of (TE)b, the overall baseline transfer efficiency of the coating line must be 60%.

Notwithstanding this provision, a person may request, in writing to the department, and the department may approve, a value for (TE)b that is less than 60%, but not less than 40%. A request for a value for (TE)b of less than 60% must include a demonstration that the lower requested value is representative of the overall transfer efficiency achieved by similar coating lines which use the most efficient type of application equipment that is reasonably available for the similar coating lines.

(5) A person that is responsible for the operation of a coating line that is subject to this rule shall obtain current information, and keep daily records necessary, for the determination of compliance with the provisions of this rule, as required in R 336.2041.

(6) For each coating line, compliance with the emission limits specified in this rule must be based upon all of the following:

(a) The volume-weighted average of all coatings that belong to the same coating category, and are used during each calendar day averaging period. The department may specifically authorize compliance to be based upon a longer averaging period, not to exceed more than 1 calendar month.

(7) Compliance with the emission limits specified in this rule must be determined using the applicable method described in 1 of the following:

(a) For coating lines that are subject to the emission limits specified in subrule (1) of this rule, the method described in either R 336.2040(12)(a) if the coating line has no add-on emissions control device or R 336.2040(12)(b) if the coating line has 1 or more add-on emissions control devices.

(b) For coating lines subject to the equivalent emission limits specified in subrule (3) of this rule, the method described in either R 336.2040(12)(e) if the coating line has no add-on emissions control device or R 336.2040(12)(f) if the coating line has 1 or more add-on emissions control device.

(8) This rule does not apply to the coating of metallic surfaces that are subject to R 336.1610.

(9) This rule does not apply to any of the following:

(a) Automobile refinishing.

(b) Customized topcoating of less than 35 automobiles or trucks, or both, per day.

(d) Coating of the exterior of marine vessels when the part to be coated has already been assembled on the marine vessel.

(e) Coating of a part consisting of both metallic and nonmetallic components if a demonstration is made, to the satisfaction of the department, that the limits of this rule cannot be met due to the presence of the nonmetallic component. In this case, and if the nonmetallic component of the part is plastic and used as an automobile, truck, or business machine plastic part, R 336.1632 applies to the coating of the part.

(10) This rule, except for subrule (5) of this rule, does not apply to a metallic surface coating line that complies with both of the following provisions:

(a) The coating line has an actual emission rate of volatile organic compounds equal to or less than 2,000 pounds per month and 10.0 tons per year as of November 4, 1999. If the actual rate of emissions from an exempted metallic surface coating line exceeds 2,000 pounds per month for a subsequent month or 10.0 tons per year for a subsequent year, then the provisions of this rule permanently applies to the metallic surface coating line for as long as the applicable equipment is in operation.

(b) Volatile organic compound emissions from the coating line, when combined with the total emissions of volatile organic compounds from all other metallic surface coating lines at the stationary source that are exempted by this subrule, do not exceed 30.0 tons per year.

(11) A person may exclude low-use coatings that total 55 gallons or less per rolling 12-month period at a stationary source from the provisions of this rule, except for subrule (5) of this rule.

(12) A person may discontinue the operation of a natural gas-fired afterburner, which is used to achieve compliance with the emission limits in this rule, between November 1 and March 31, unless the afterburner is used to achieve compliance with, or is required by, any of the following:

(a) Another provision of these rules.

(b) A permit to install.

(d) A voluntary agreement.

(e) A performance contract.

(f) A stipulation.

(g) An order of the department.

(13) If the operation of a natural gas-fired afterburner is discontinued between November 1 and March 31 under subrule (12) of this rule, then both of the following provisions apply between November 1 and March 31:

(a) All other provisions of this rule, except the emission limits, remain in effect.

(b) All other measures that are used to comply with the emission limits in this rule between April 1 and October 31 must continue to be used.

(14) A metallic surface coating line subject to R 336.1621a does not need to meet the provisions of this rule.

**History**
- *History: 1981 AACS; 1993 AACS; 1998-2000 AACS; 2023 AACS.*

##### **Mich. Admin. Code R 336.1621a** Emission of volatile organic compounds from existing metal parts, metal products, and motor vehicle material surface coating lines in 2015 ozone nonattainment areas {#sec-r-336.1621a omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1621a}

Rule 621a. (1) A person shall not cause or allow the emission of any volatile organic compound from an existing metallic surface coating line at a facility located in the 2015 ozone nonattainment areas in excess of the applicable emission rates provided in subrule (3) of this rule.

(2) This rule does not apply to the following:

(a) Except as provided in subrule (5) of this rule, metallic surface coating lines that are within a stationary source and have a combined actual emission rate of volatile organic compounds, including related cleaning activities, of less than 15 pounds per calendar day before consideration of controls. If the combined actual emission rate equals or is more than 15 pounds per calendar day for a subsequent day, then this rule permanently applies to these coating lines.

(b) Metallic surface coating lines that meet any of the following processes:

(i) The portion of a metallic surface coating process that is addressed in R 336.1610, R 336.1610a, R 336.1620, R 336.1620a, R 336.1635, R 336.1636, R 336.1637, R 336.1638, and R 336.1639.

(ii) Coating of a part consisting of both metallic and nonmetallic components if a demonstration is made to the satisfaction of the department, under R 336.1602(2), that the limits of this rule cannot be met due to the presence of the nonmetallic component. In this case, and if the nonmetallic component of the part is plastic and used as an automobile, truck, or business machine plastic part, R 336.1632 applies to the coating of the part, as applicable.

(iii) Aerosol coatings.

(iv) Architectural coatings, and automobile refinish coatings that are used for architectural coating or automobile refinish coating purposes as defined by their respective national volatile organic compound rules.

(v) Coatings that are applied to test panels and coupons as part of research and development, quality control, or performance testing activities at paint research or manufacturing facilities.

(vi) Customized top coating of less than 35 automobiles or trucks, or both, per calendar day.

(vii) Coating of the exterior of airplanes when the part to be coated has already been assembled on the airplane.

(viii) Coating of the exterior of marine vessels when the part to be coated has already been assembled on the marine vessel.

(ix) Coatings used on a non-production basis.

(x) Rubber to metal bonding.

(i) Stencil coatings.

(ii) Safety-indicating coatings.

(iii) Solid-film lubricants.

(iv) Electric-insulating and thermal-conducting coatings.

(v) Magnetic data storage disk coatings.

(vi) Plastic extruded onto metal parts to form a coating.

(d) The coating of bodies or body parts for new heavier vehicles at an automobile and light-duty truck assembly facility or a heavier vehicle assembly facility where the person responsible elects to comply with the provisions of R 336.1610a under the classification of automobile and lightduty truck coating lines.

(e) The application methods required by subrule (3)(b) of this rule do not apply to airbrush operations using 5 gallons or less per year of coating.

(f) A person subject to this rule may exclude low-use coatings that have a combined total less than 55 gallons per rolling 12-month period at a stationary source from the provisions of this rule, except for subrule (5) of this rule.

(3) A person shall not cause or allow the emission of volatile organic compounds from metallic surface coating operations, unless the following provisions are met:

(a) A person responsible for a coating line engaged in the surface coating of metallic surfaces, with the exception of motor vehicle materials as listed in table 64-g, shall limit volatile organic compounds emissions from all volatile organic compound-containing materials, such as coatings, thinners, and other additives, used by each metallic surface coating line by complying with either subdivision (c), (d), or (e) of this subrule, as applicable.

(b) A person subject to this rule shall not apply volatile organic compound-containing coatings to metal parts and products subject to the provisions of this rule, unless the coating is applied with properly operating equipment according to an operating procedure specified by the equipment manufacturer or the executive officer, or designee, and by the use of 1 of the following methods:

(i) Electrostatic application.

(ii) Flow coat.

(iii) Dip coat (including electrodeposition).

(iv) Roll coater.

(v) High-volume, low-pressure (HVLP) spray.

(vi) Airless spray.

(vii) Air-assisted airless spray.

(viii) Alternative coating application methods that demonstrate equal or better transfer efficiency capability than HVLP spraying. Written departmental approval is required for alternative coating application methods.

(c) A metallic surface coating operation must not cause or allow the emission of volatile organic compounds from the coating of metallic surfaces from any existing metal parts coating line in any of the 2015 ozone nonattainment areas, in excess of the applicable content limits expressed in terms of mass of volatile organic compounds per volume of coating excluding water and exempt compounds, as applied, as specified in table 64-e, or emission rates expressed in terms of mass of volatile organic compounds per volume of solids as applied, as specified in table 64-f, unless a demonstration is made to the satisfaction of the department, under R 336.1602(2).

TABLE 64-e Metal Parts and Products low-VOC Coating Content Limits Coating Category Air Dried Baked lb VOC/gal coating (excluding water), as applied Lb VOC/gal coating (excluding water), as applied General 1 Component 2.8 2.3 General Multi Component 2.8 2.3 Camouflage 3.5 3.5 Electric-Insulating Varnish 3.5 3.5 Etching Filler 3.5 3.5 Extreme High-Gloss 3.5 3.0 Extreme Performance 3.5 3.0 Heat-Resistant 3.5 3.0 High Performance Architectural 3.5 3.5 High Temperature 3.5 3.5 Metallic 3.5 3.0 Military Specification 2.8 2.3 Mold-Seal 3.5 3.0 Pan Backing 3.5 3.5 Prefabricated Architectural Multi-Component 3.5 2.3 Prefabricated Architectural One-Component 3.5 2.3 Pretreatment Coatings 3.5 3.5 Repair and Touch Up 3.5 3.0 Silicone Release 3.5 3.5 Solar-Absorbent 3.5 3.0 Vacuum-Metalizing 3.5 3.0 Drum Coating, New, Exterior 2.8 2.8 Drum Coating, New, Interior 3.5 3.5 Drum Coating, Reconditioned, Exterior 3.5 3.5 Drum Coating, Reconditioned, Interior 4.2 4.2 TABLE 64-f Metal Parts and Products VOC Emission Rate Limits (VOC per Volume Solids)

Coating Category Air Dried Baked lb VOC/gal solids, as applied lb VOC/gal solids, as applied General 1 Component 4.52 3.35 General Multi Component 4.52 3.35 Camouflage 6.67 6.67 Electric-Insulating Varnish 6.67 6.67 Etching Filler 6.67 6.67 Extreme High-Gloss 6.67 5.06 Extreme Performance 6.67 5.06 Heat-Resistant 6.67 5.06 High Performance Architectural 6.67 6.67 High Temperature 6.67 6.67 Metallic 6.67 5.06 Military Specification 4.52 3.35 Mold-Seal 6.67 5.06 Pan Backing 6.67 6.67 Prefabricated Architectural Multi-Component 6.67 3.35 Prefabricated Architectural One-Component 6.67 3.35 Pretreatment Coatings 6.67 6.67 Silicone Release 6.67 6.67 Solar-Absorbent 6.67 5.06 Vacuum-Metalizing 6.67 5.06 Drum Coating, New, Exterior 4.52 4.52 Drum Coating, New, Interior 6.67 6.67 Drum Coating, Reconditioned, Exterior 6.67 6.67 Drum Coating, Reconditioned, Interior 9.78 9.78 (d) A metallic surface coating operation applicable to this rule, except for motor vehicle materials, may choose to use an equivalent volatile organic compound emission rate limit based on the use of a combination of low-volatile organic compound coatings specified in tables 64-e and table 64-f, specified methods of application specified under subdivision (b) of this subrule, and add-on controls. The overall emission reduction efficiency needed to demonstrate compliance is determined each day as follows:

(i) Obtain the emission limitation from table 64-e or table 64-f. If using the lb volatile organic compounds/gal coating, excluding water, as applied limit from table 64-e, then calculate the emission limitation in a solids basis according to the following equation:

S = C / 1 – (C/7.36 lb/gal)

Where:

S = The volatile organic compound emission limitation in terms of lb volatile organic compounds/gal of coating solids.

C = The volatile organic compound emission limitation in terms of lb volatile organic compounds/gal of coating, excluding water, as applied.

(ii) Calculate the required overall emission reduction efficiency of the control system for the day according to the following equation:

E = [(VOCa – S)/VOCa] x 100 Where:

E = The required overall emission reduction efficiency of the control system for the day.

VOC a = The maximum volatile organic compound content of the coatings, as applied, used each day on the subject coating line, in units of lb volatile organic compounds/gal of coating solids, as determined by the applicable test methods and procedures specified in subdivision (h) of this subrule.

S = The volatile organic compound emission limitation in terms of lb volatile organic compounds/gal of coating solids.

(e) A metallic surface coating operation applicable to this rule, with the exception of motor vehicle materials, can choose to use add-on control equipment that must have an overall control efficiency of 90% or higher. The coating operation would not have to limit the volatile organic compound content of the coating materials and would not need to use any particular coating application method.

(f) A person subject to this rule shall not cause or allow the emissions of volatile organic compounds from existing motor vehicle material coating operations in any of the 2015 ozone nonattainment areas in excess of the emission rates as specified in table 64-g, as applicable.

TABLE 64-g Volatile organic compound emission limitation for existing motor vehicle materials Coating category lb VOC/gal coating (excluding water), as applied Motor vehicle cavity wax 3.5 Motor vehicle sealer 3.0 Motor vehicle deadener 3.0 Motor vehicle gasket/gasket sealing material 1.7 Motor vehicle underbody coating 3.5 Motor vehicle trunk interior coating 3.0 Motor vehicle bedliner 1.7 Motor vehicle lubricating wax/compound 3.5 (g) If the provisions of more than 1 coating category of this subrule are applicable for a specific coating, then the least stringent provision may be applied.

(h) For each coating line, compliance with the emission limits specified in this rule must be based upon all of the following:

(i) The volume-weighted average of all coatings that belong to the same coating category, and are used during each calendar day averaging period. Under R 336.1602(2), the department may specifically authorize compliance to be based upon a longer averaging period, not to exceed more than 1 calendar month.

(ii) If coatings that belong to more than 1 coating category are used on the same coating line during the specified averaging period, then compliance must be determined separately for each coating category.

(iii) The information and records required by subrule (5) of this rule.

(i) Compliance with the emission limits specified in this rule must be determined using the applicable method described in the following subdivisions:

(i) For coating lines that are subject to the emission limits specified in subdivision (c) of this subrule, the method described in either R 336.2040(12)(a) if the coating line has no add-on emissions control device or R 336.2040(12)(b) if the coating line has 1 or more add-on emissions control devices.

(ii) For coating lines that are subject to the emission limits specified in subrule (3)(d) of this rule, the method described in either R 336.2040(12)(c) if the coating line has no add-on emissions control device or R 336.2040(12)(d) if the coating line has 1 or more add-on emissions control devices.

(4) The following work practices are required for storage, mixing operations, and handling operations for coatings, thinners, cleaning, and coating-related waste materials. The person responsible for a metallic parts surface coating operation shall develop written procedures to comply with the following provisions:

(a) Store all volatile organic compound-containing coatings, thinners, coating-related waste, and cleaning materials in closed containers.

(b) Ensure that mixing and storage containers used for volatile organic compound-containing coatings, thinners, coating-related waste, and cleaning materials are kept closed at all times, except when depositing or removing these materials.

(c) Minimize spills of volatile organic compound-containing coatings, thinners, coating-related waste, and cleaning materials.

(d) Convey volatile organic compound-containing coatings, thinners, coating-related waste, and cleaning materials from 1 location to another in closed containers or pipes.

(e) Minimize volatile organic compound emission from cleaning of application, storage, mixing, and conveying equipment by ensuring that equipment cleaning is performed without atomizing the cleaning solvent and all spent solvent is captured in closed containers.

(5) A person who is responsible for the operation of a coating line that is subject to this rule shall obtain current information, and keep daily records necessary for the determination of compliance with the provisions of this rule, and as required in R 336.2041.

**History**
- *History: 2023 AACS.*

##### **Mich. Admin. Code R 336.1622** Emission of volatile organic compounds from existing components of petroleum refineries; refinery monitoring program {#sec-r-336.1622 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1622}

Rule 622. (1) A person shall not cause or allow the emission of any volatile organic compound from any existing component, as listed in subrule (2) of this rule, of a petroleum refinery, including topping plants, unless all of the provisions of this rule are satisfied or unless an equivalent control method, as approved by the department under R 336.1602(2), is implemented. An alternate acceptable control method is described in “Standards of Performance for Equipment Leaks of VOC in Petroleum Refineries for which Construction, Reconstruction, or Modification Commenced After January 4, 1983, and on or Before November 7, 2006,” 40 CFR part 60, subpart GGG adopted by reference in R 336.1902.

(2) A person shall not operate an existing petroleum refinery unless a monitoring program and schedule approved by the department is implemented. This monitoring program and schedule must provide for, and identify by type and refinery unit, by quarter, all of the following:

(a) An annual inspection of all of the following components:

(i) Pump seals.

(ii) Process valves in liquid volatile organic compound service.

(iii) Process drains.

(iv) Components that are difficult to monitor.

(b) A quarterly inspection of all of the following components:

(i) Compressor seals.

(ii) Process valves in gaseous volatile organic compound service.

(iii) Pressure-relief valves in gaseous volatile organic compound service.

(d) An immediate inspection of any pump seal from which a liquid, including a volatile organic compound, is observed dripping.

(e) An inspection of any relief valve from which a volatile organic compound could discharge within 2 normal business days after it begins venting to the atmosphere.

(f) An inspection as soon as is practical, but not later than 2 normal business days, after the repair of any component that was found leaking.

(3) Except for the visual inspections required by subrule (2)(c) of this rule, all inspections must be performed using equipment and procedures as specified in 40 CFR part 60, appendix A, method 21, adopted by reference in R 336.1902. A component is leaking when a concentration of more than 10,000 ppm, by volume, as methane or hexane, is measured by method 21.

(4) If implementation of the quarterly leak detection program as specified in subrule (2)(b) of this rule shows that 2% or less of the process valves in a given refinery unit are leaking for 2 consecutive quarters, then the inspections of process valves in that refinery unit may be skipped for 1 quarter. If 2% or less of the process valves in a given refinery unit are leaking for 5 consecutive quarters, then the inspections may be done annually. If a subsequent inspection shows that if more than 2% of the process valves are leaking, then quarterly inspections of valves shall again be required.

(5) The percent of valves leaking on a refinery unit, as referenced in subrule (4) of this rule, must be determined by dividing the total number of valves found to be leaking on the refinery unit during the specified monitoring period by the total number of valves on the refinery unit that are required to be monitored by this rule.

(6) This rule does not apply to any of the following:

(a) Pressure-relief valves that vent to an operating flare header, fuel gas system, or vapor control device.

(b) Components that are unsafe to monitor, until monitoring personnel would no longer be exposed to immediate danger.

(d) Valves that are not externally regulated.

(e) Components that process, transfer, or contain 1 or more volatile organic compounds in the liquid phase under actual conditions, all of which have a true vapor pressure of less than 1.55 psia.

(7) Notwithstanding the provisions of subrule (2) of this rule, the monitoring of components, such as process drains and valves, that are used solely in effecting a refinery unit turnaround, is required only within the quarter following the turnaround.

(8) A leak that is detected pursuant to the monitoring program provisions of subrule (2) of this rule or for another reason must be repaired. Except as provided in subrule (10) of this rule, this leak must be repaired as soon as possible, but not more than 15 days after the leak is detected.

Until the time that the leak is repaired and retested verifying a successful repair, the component causing the leak must bear a weather-resistant, numbered, identifying tag that indicates the date the leak was discovered.

(9) A log of all leaks detected pursuant to the provisions of subrules (2), (3), (5), and (6) of this rule or by another method must be maintained by the operator of the petroleum refinery. This log must identify all of the following:

(a) The leaking component by type and location.

(b) The number of the identifying tag.

(d) The date the leak was repaired.

(e) The date the component was retested after the repair with an indication of the testing results.

(f) The person or persons who performed the inspections. The log must be made available to any representative of the department during normal business hours of the refinery and be maintained for a minimum of 2 years.

(10) If a leak cannot be repaired within 15 days due to circumstances beyond the control of the operator of the petroleum refinery or because the leaking component cannot be repaired unless a significant portion of the refinery unit is shut down for turnaround, then the operator shall maintain a separate log of the non-repair. The log must identify all of the following:

(a) The leaking component by type, location, and refinery unit.

(b) The date the leak was discovered.

(d) The estimated date of repair.

(11) Within 25 days after the end of the previous quarter, the operator shall submit to the department a report that contains all of the following information for that quarter:

(a) The total number of components tested, by type.

(b) The total number of components found leaking and repaired, by type.

(c) The accumulative total number of components, by refinery unit and type, found to be leaking and not repaired within the required time period and the reason for non-repair.

(d) The type or types of monitoring equipment utilized during the quarter. The report required by this subrule must be made on a form approved by the department.

(12) The department may require the early shutdown for turnaround of a refinery unit if the department feels that there are a significant number of leaks that would justify this action.

(13) Except for safety pressure-relief valves, a person shall not operate existing petroleum refinery equipment that has a valve at the end of a pipe or line that contains a volatile organic compound, unless the pipe or line is sealed with a second valve, blind flange, plug, or cap. The sealing device may be removed only when a sample is being taken or during maintenance operations. A current, written description detailing routine sampling procedures and listing the sealing devices involved must be maintained and be submitted to the department in an acceptable format upon request.

**History**
- *History: 1981 AACS; 1993 AACS; 1997 AACS; 2002 AACS; 2017 AACS; 2023 AACS.*

##### **Mich. Admin. Code R 336.1623** Storage of petroleum liquids having a true vapor pressure of more than 1.0 psia, but less than 11.0 psia, in existing external floating roof stationary vessels of more than 40,000-gallon capacity {#sec-r-336.1623 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1623}

Rule 623. (1) A person shall not store any petroleum liquid having a true vapor pressure of more than 1.0 psia, but less than 11 psia, at actual storage conditions in any existing external floating roof stationary vessel of more than 40,000-gallon capacity, unless subrules (2) to (11) of this rule are met or unless an equivalent control method, as approved by the department under R 336.1602(2), is implemented.

(2) Any stationary vessel subject to this rule must be equipped with a floating roof to which a continuous rim-mounted secondary seal has been attached.

(3) The secondary seal, as required by subrule (2) of this rule, must meet all of the following requirements:

(a) There must be no visible holes, tears, or other nonfunctional openings in the seal or seal fabric.

(b) The seal must be intact and uniformly in place around the circumference of the floating roof between the floating roof and the vessel wall.

(c) For vessels equipped with vapor-mounted primary seals, the accumulated area of gaps exceeding 1/8 of an inch in width between the secondary seal and the vessel wall shall not exceed 1.0 square inch per foot of tank diameter.

(4) All openings in the external floating roof in any stationary vessel subject to the provisions of this rule, except for automatic bleeder vents, rim space vents, and leg sleeves, must be equipped with both of the following:

(a) Covers, seals, or lids that must remain in the closed position, except when the openings are in actual use.

(b) Projections into the vessel that remain below the liquid surface at all times.

(5) All automatic bleeder vents in any stationary vessel subject to the provisions of this rule must be closed at all times, except when the floating roof is floated off or landed on the roof leg supports.

(6) All rim vents in any stationary vessel subject to the provisions of this rule must be set to open only when the floating roof is being floated off the leg supports or at the manufacturer's recommended setting.

(7) All emergency floating roof drains in any stationary vessel subject to the provisions of this rule must be provided with slotted membrane fabric covers, or equivalent covers, that cover not less than 90% of the area of the opening.

(8) A person who is responsible for the operation of a stationary vessel subject to the provisions of this rule shall comply with all of the following requirements:

(a) Perform a semiannual routine inspection to ensure compliance with all provisions of subrules (2) to (7) of this rule, with the exception of subrule (3)(c) of this rule.

(b) For vessels equipped with a vapor-mounted primary seal, perform an annual inspection to document compliance with the provisions of subrule (3)(c) of this rule.

(c) Maintain a record of the results of the inspections performed as required by this subrule. This record must be made available to any representative of the department and be maintained for a minimum of 2 years.

(d) The provisions of this subrule may, upon written notice, be modified by the department under R 336.1602(2), if considered necessary to accomplish the purpose of this rule.

(9) The provisions of subrules (2) and (3) of this rule do not apply to any of the following external floating roof stationary vessels:

(a) Vessels that are used to store waxy, heavy-pour crude oil.

(b) Vessels of less than 420,000-gallon capacity that are used to store produced crude oil and condensate before lease custody transfer.

(c) Vessels of welded construction that are equipped with a primary seal consisting of a metallictype shoe seal, a liquid-mounted foam seal, or a liquid-mounted, liquid-filled-type seal and contain a petroleum liquid that has a true vapor pressure of less than 4.0 psia.

(d) Vessels that are used to store jet naphtha (jet b or jp-4).

(10) A person that is responsible for the operation of a stationary vessel that meets 1 of the exemption provisions of subrule (9) of this rule shall maintain records that include all of the following information:

(a) The type of vessel and, for a stationary vessel that meets the exemption provisions of subrule (9)(c) of this rule, the type of primary seal.

(b) The capacity of the stationary vessel.

(d) For a stationary vessel that meets the exemption provisions of subrule (9)(c) of this rule, the true vapor pressure of the petroleum liquid in the stationary vessel.

(11) The provisions of subrules (2) to (8) of this rule do not apply to any existing floating roof stationary vessel that contains a petroleum liquid that has a true vapor pressure of less than 1.5 psia. A person that is responsible for such stationary vessel shall maintain a record that includes all of the following information:

(a) Average monthly stored liquid temperature.

(b) Type of petroleum liquid.

(c) Reid vapor pressure of the petroleum liquid. The record that is required by this subrule must be made available to any representative of the department and be maintained for a minimum of 2 years.

**History**
- *History: 1981 AACS; 1993 AACS; 2002 AACS; 2023 AACS.*

##### **Mich. Admin. Code R 336.1624** Emission of volatile organic compounds from existing graphic arts lines {#sec-r-336.1624 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1624}

Rule 624. (1) A person shall not cause or allow the emission of any volatile organic compound from an existing graphic arts line, unless all of the provisions of this rule are met or unless an equivalent emission rate, as approved by the department, is achieved. As used in this rule, "graphic arts" applies to rotogravure and flexographic operations only.

(2) For the purpose of this rule, both of the following provisions apply:

(a) In calculating the calendar day averaging period percent reduction of volatile organic compound emissions from a graphic arts line that is subject to the emission limits specified in subrule (3)(c) of this rule, the starting level must be the total amount of volatile organic compounds used on the graphic arts line during the calendar day averaging period. This level must be expressed as pounds of volatile organic compounds.

(b) It is assumed that all volatile organic compounds applied to the substrate are emitted, unless captured and controlled by control equipment.

(3) A person shall not cause or allow the emission of any volatile organic compound from an existing graphic arts line, unless the provisions of 1 or more of the following subdivisions are met:

(a) The volatile fraction of all inks and coatings used on a graphic arts line as applied to the substrate must contain a maximum of 25%, by volume, of volatile organic compounds, based upon a calendar day averaging period.

(b) The nonvolatile fraction of all inks and coatings used on a graphic arts line as applied to the substrate, minus water, must be a minimum of 60%, by volume, based upon a calendar day averaging period.

(c) The overall reduction in volatile organic compound emissions, based on pounds of volatile organic compounds from a graphic arts line for which compliance is to be achieved through the use of 1 or more add-on emissions control devices must be 1 of the following, based upon a calendar day averaging period:

(i) For publication rotogravure printing, a minimum of 75%.

(ii) For packaging rotogravure printing, a minimum of 65%.

(iii) For flexographic printing, a minimum of 60%.

(4) A person that is responsible for the operation of a graphic arts line that is subject to this rule shall obtain current information, and keep records necessary, for a determination of compliance with this rule, as follows:

(a) As required in subrule (12) of this rule for sources subject to subrule (3)(a) or (b) of this rule.

(b) As required in R 336.2041(10)(d) and (e) for sources subject to subrule (3)(c) of this rule.

(5) Compliance with the emission limits specified in this rule must be based upon all of the following provisions, as applicable:

(a) Compliance with the emission limit specified in subrule (3)(a) or (b) of this rule must be based upon all inks and coatings that are used during each calendar day averaging period.

(b) Compliance with the applicable calendar day averaging period overall reduction provision specified in subrule (3)(c) of this rule must be based upon all inks and coatings that are used during each calendar day averaging period.

(c) If more than 1 compliance option listed in subrule (3) of this rule is used on a graphic arts line during a calendar day averaging period, then compliance must be determined separately for each option used and be based upon all inks and coatings used for each option during each calendar day averaging period.

(d) The department may specifically authorize compliance to be based upon a longer averaging period than the calendar day averaging period specified in subdivision (a), (b), or (c) of this subrule, not to exceed more than 1 calendar month.

(e) The information and records as required by subrule (4) of this rule.

(6) Compliance with subrule (3)(a) and (b) of this rule must be determined using the method described in subrule (11) of this rule. Compliance with subrule (3)(c) of this rule must be determined using the method described in R 336.2040(11).

(7) This rule, except for subrule (4) of this rule, does not apply to graphic arts lines that are within a stationary source and have a total combined actual emission rate of volatile organic compounds of less than 100 pounds per day or 2,000 pounds per month as of November 4, 1999. If the combined actual emission rate equals or is more than 100 pounds per day for a subsequent day or 2,000 pounds per month for a subsequent month, then this rule permanently applies to the graphic arts lines.

(8) A person may exclude low-use inks or coatings that total 55 gallons or less per rolling 12month period at a stationary source from the provisions of this rule, except for subrule (4) of this rule.

(9) A person may discontinue the operation of a natural gas-fired afterburner that is used to achieve compliance with the emission limits in this rule between November 1 and March 31, unless the afterburner is used to achieve compliance with, or is required by, any of the following:

(a) Another provision of these rules.

(b) A permit to install.

(d) A voluntary agreement.

(e) A performance contract.

(f) A stipulation.

(g) An order of the department.

(a) All other provisions of this rule, except the emission limits, remain in effect.

(b) All other measures that are used to comply with the emission limits in this rule between April 1 and October 31 must continue to be used.

(11) Compliance with subrule (3)(a) and (b) of this rule must be determined as follows:

(a) The following equation must be used to determine if the volatile fraction of all inks and coatings used on a graphic arts line, as applied, meets the volatile organic compound limitation specified in subrule (3)(a) of this rule:

VOC = ∑ 퐿퐿 퐼퐼 푉푉 푉푉푉푉푉푉퐼퐼 푁푁 퐼퐼=1 ∑ 퐿퐿 퐼퐼 푉푉 푉푉푉푉퐼퐼 푁푁 퐼퐼=1 x 100 Where:

VOC = Volatile organic compound fraction of the volatile fraction of all inks and coatings used on a graphic arts line, as applied, each calendar day averaging period, percent.

I = Individual ink or coating, as applied.

N = Number of different inks and coatings used on a graphic arts line, as applied, each calendar day averaging period.

LI = Volume of each ink or coating, as applied, used on the calendar day averaging period, gallons.

VVOCI = Volume fraction of volatile organic compounds in each ink or coating, as applied, percent.

VVCI = Volume fraction of volatiles in each ink or coating, as applied, percent. The provisions of subrule (3)(a) of this rule must be met if the value for "VOC" in the equation is less than or equal to 25%.

(b) The following equation must be used to determine if the nonvolatile fraction of all inks and coatings used on a graphic arts line, as applied, meets the limitation specified in subrule (3)(b) of this rule:

NV = ∑ 퐿퐿 퐼퐼 푉푉 푉푉푉푉푉푉퐼퐼 푁푁 퐼퐼 =1 ∑ 퐿퐿 퐼퐼 푉푉 푉푉푉푉퐼퐼 푁푁 퐼퐼 =1 x 100 Where:

NV = Nonvolatile fraction of all inks and coatings used on a graphic arts line, as applied, minus water and exempt compounds, by volume, on a calendar day averaging period, percent.

I = Individual ink or coating, as applied.

N = Number of different coatings and inks used on a graphic arts line, as applied, each calendar day averaging period.

LI = Volume of each ink or coating, as applied, used on the calendar day averaging period, gallons.

VI = Volume fraction of non-volatiles in each ink or coating, as applied, percent.

VVOCI = Volume fraction of volatile organic compounds in each ink or coating, as applied, percent.

The provisions of subrule (3)(b) of this rule must be met if the value for "NV" in the equation is equal to or greater than 60%.

(12) A person subject to subrule (3)(a) or (b) of this rule shall keep the following records:

(a) For graphic arts lines subject to subrule (3)(a) of this rule:

(i) The name, identification number, and volume "LI" of each ink or coating used each calendar day averaging period.

(ii) The volume fraction of volatile organic compounds in each ink or coating, as applied, each calendar day averaging period.

(iii) The volume fraction of volatiles in each ink or coating, as applied, during each calendar day averaging period.

(iv) The volatile organic compound fraction of the volatile fraction of all inks and coatings used on a graphic arts line, as applied, each calendar day averaging period.

(b) For graphic arts lines subject to subrule (3)(b) of this rule:

(i) The name, identification number, and volume "LI" of each ink or coating used each calendar day averaging period.

(ii) The volume fraction of non-volatiles in each ink or coating, as applied, each calendar day averaging period.

(iii) The volume fraction of non-volatiles in all inks and coatings used each calendar day averaging period.

(13) A graphic art line subject to R 336.1624a does not need to meet the provisions of this rule accept as specified in R 336.1624a.

**History**
- *History: 1981 AACS; 1993 AACS; 1999 AACS; 2023 AACS.*

##### **Mich. Admin. Code R 336.1624a** Emission of volatile organic compounds from existing flexographic printing lines located in the 2015 ozone nonattainment areas {#sec-r-336.1624a omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1624a}

Rule 624a. (1) As used in this rule:

(a) “Flexible packaging” means packaging that is not rigid and whose shapes can be readily changed. Flexible packaging includes, but is not limited to, bags, pouches, liners, and wraps utilizing paper, plastic, film, aluminum foil, metalized or coated paper or film, or any combination of these materials.

(b) “Flexible packaging printing” means the subset of graphic arts lines used in the printing of packages or parts of packages.

(2) A person shall not cause or allow the emission of any volatile organic compound from inks, coatings, adhesives, and cleaning material from an existing flexible package printing line located in the 2015 ozone nonattainment areas, unless all of the applicable provisions of this rule are met.

(3) Except as provided in subrule (8) of this rule, the provisions of this rule do not apply to flexible package printing lines that are within a stationary source and have a combined actual emission rate of volatile organic compounds, including related cleaning activities, of less than 3 tons per year on a 12-month rolling basis before consideration of controls. If the combined actual emission rate equals or is more than 3 tons per year on a 12-month rolling basis before consideration of controls, as determined in a subsequent month, then this rule permanently applies to these printing lines.

(4) Each printing press line with a potential to emit less than 25 tons per year of volatile organic compounds must meet the overall reduction of volatile organic compound emissions in R 336.1624(3), as applicable.

(5) Each printing press line with a potential to emit of 25 tons per year or more of volatile organic compounds must meet the overall reduction of volatile organic compound emissions in subdivisions (a), (b) or (c) of this subrule, as applicable:

(a) The volatile fraction of all inks, coatings, and adhesives used on a flexible package printing line as applied to the substrate must contain a maximum of 0.8 pounds volatile organic compounds per pound of solids applied.

(b) The volatile fraction of all inks, coatings, and adhesives used on a flexible package printing line as applied to the substrate must contain a maximum of 0.16 pounds volatile organic compounds per pound of materials applied per line.

(c) The overall reduction in volatile organic compound emissions, based on pounds of volatile organic compounds from a flexible package printing line for which compliance is to be achieved through the use of 1 or more add-on emissions control devices, must be 1 of the following, based upon a monthly averaging period:

(i) A minimum of 65% control efficiency if the press was first installed before March 14, 1995, and control installed before March 1, 2023.

(ii) A minimum of 70% control efficiency if the press was first installed before March 14, 1995, and control installed on or after March 1, 2023.

(iii) A minimum of 75% control if the press was installed on or after March 14, 1995, and control installed before March 1, 2023.

(iv) A minimum of 80% control if the press was installed on or after March 14, 1995, and control installed on or after March 1, 2023.

(d) An overall reduction in volatile organic compound emissions equivalent to the reductions in subdivision (c) of this subrule, using a combination of control efficiency and low volatile organic compound content materials.

(6) Facilities must conduct the following work practice standards for cleaning materials:

(a) Keep cleaning materials and used shop towels in closed containers.

(b) Convey cleaning materials from 1 location to another in closed containers or pipes.

(7) Compliance with the emission limits specified in this rule must be based upon all of the following provisions, as applicable:

(a) Compliance with the emission limit specified in subrule (5)(a) or (b) of this rule must be based upon all inks, coatings, and adhesives that are used during each calendar month by using manufactures formulation data for pounds of material, pounds of solids, and volatile organic compounds in each product.

(b) Compliance with the overall reduction specified in subrule (5)(c) of this rule must be based upon all inks, coatings, and adhesives that are used during each month, calculated using methods described in R 336.2040(11).

(c) Compliance with the emission limit specified in subrule (4) of this rule must be determined as described in R 336.1624(5), (6) and (11).

(d) Sources demonstrating compliance with a control efficiency as required in subrule (5)(c) of this rule shall submit a stack testing protocol for approval by the department.

(e) If more than 1 control option or limit listed in subrule (5) of this rule is used on a graphic arts line during a monthly averaging period, compliance must be determined separately for each option used and be based upon all inks, coatings, and adhesives used for each option during each monthly averaging period.

(8) A person that is responsible for the operation of a graphic arts line shall obtain current information and keep records necessary for a determination of compliance with this rule, as follows:

(a) For lines subject to subrule (5)(a) of this rule:

(i) The volume fraction of volatile organic compounds in each ink, coating, and adhesive as applied, each month.

(ii) The pounds of solids as applied, each month.

(b) For lines subject to subrule (5)(b) of this rule:

(i) The volume fraction of volatile organic compounds in each ink, coating, or adhesive, as applied, each month.

(ii) The pounds of materials as applied, each month.

(d) For lines subject to subrule (4) of this rule, follow requirements as described in R 336.1624(4) and (12).

(e) For cleaning operations, maintain a record of all cleaning materials utilized and their volume fraction of volatile organic compounds on a monthly basis. When shop towels are properly stored and conveyed as required by subrule (6) of this rule, the affected source may use a retention factor from cleaning solutions of up to 50% for VOCs with a composite vapor pressure of no more than 10 mmHg at 20 degrees Celsius.

(f) For flexible package printing lines that are exempt as allowed by subrule (3) of this rule, keep adequate records of actual emission rates on a 12-month rolling average basis.

**History**
- *History: 2023 AACS.*

##### **Mich. Admin. Code R 336.1625** Emission of volatile organic compound from existing equipment utilized in manufacturing synthesized pharmaceutical products {#sec-r-336.1625 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1625}

Rule 625. (1) A person shall not cause or allow the emission of any volatile organic compound from existing equipment utilized in the manufacturing of synthesized pharmaceutical products, unless all of the provisions of this rule are met or unless an equivalent control method, as approved by the department under R 336.1602(2), is implemented.

(2) A person shall not operate an existing reactor, distillation operation, crystallizer, centrifuge, or vacuum dryer, unless the emissions from this equipment are controlled by either of the following:

(a) A condenser, such that the outlet gas temperature does not exceed the following levels:

(i) Minus 25 degrees Celsius (minus 13 degrees Fahrenheit) when the sum of the partial pressure or pressures of the volatile organic compound or compounds in the gas stream, as measured at 20 degrees Celsius (68 degrees Fahrenheit), is greater than 300 millimeters of mercury (5.8 pounds per square inch).

(ii) Minus 15 degrees Celsius (5 degrees Fahrenheit) when the sum of the partial pressure or pressures of the volatile organic compound or compounds in the gas stream, as measured at 20 degrees Celsius (68 degrees Fahrenheit), is greater than 150 millimeters of mercury (2.9 pounds per square inch).

(iii) Zero degrees Celsius (32 degrees Fahrenheit) when the sum of the partial pressure or pressures of the volatile organic compound or compounds in the gas stream, as measured at 20 degrees Celsius (68degrees Fahrenheit), is greater than 75 millimeters of mercury (1.5 pounds per square inch).

(iv) Ten degrees Celsius (50 degrees Fahrenheit) when the sum of the partial pressure or pressures of the volatile organic compound or compounds in the gas stream, as measured at 20 degrees Celsius (68 degrees Fahrenheit), is greater than 52.5 millimeters of mercury (1.0 pounds per square inch).

(v) Twenty-five degrees Celsius (77 degrees Fahrenheit) when the sum of the partial pressure or pressures of the volatile organic compound or compounds in the gas stream, as measured at 20 degrees Celsius (68 degrees Fahrenheit), is greater than 26.2 millimeters of mercury (0.5 pounds per square inch).

(b) An alternative control technology approved by the department under R 336.1602(2), the use of which results in an emission level no greater than would occur by meeting the provisions of subdivision (a) of this subrule. For purposes of comparing the actual emission level from an alternative control technology to the allowable emission level resulting from meeting the provisions of subdivision (a) of this subrule, the actual emission level must be determined using the methods described in 40 CFR part 60, appendix A and the allowable emission level must be determined using the calculation methods described in appendix B of "Control of Volatile Organic Emissions From Manufacture of Synthesized Pharmaceutical Products," EPA-450/2-78-029, both adopted by reference in R 336.1902.

(3) For the purpose of this rule, the sum of the partial pressure or pressures of the volatile organic compound or compounds in the gas stream is to be determined as follows:

Where:

Pt = ∑ (푃푃푃푃)(푋푋푃푃) 푛푛 푖푖=1 Pt = Sum of the partial pressures of all volatile organic compounds.

Pi = Vapor pressure of volatile organic compounds at 20 degrees Celsius (68 degrees Fahrenheit).

Xi = Mole fraction of volatile organic compounds in liquid mixture. n = Number of different volatile organic compounds in liquid mixture. i = Individual volatile organic compound.

The mole fraction, Xi, is determined as follows:

Xi = moles of "i" in liquid mixture total moles of liquid mixture The total moles of liquid mixture must include both the moles of volatile organic compounds and volatile inorganic compounds, such as water, in the liquid mixture.

(4) Notwithstanding the provisions of subrule (2)(a) of this rule, a person shall not be required to reduce the temperature of a gas stream below the freezing point of a condensable component in that gas stream if it can be demonstrated, using intrinsic chemical data, to the satisfaction of the department under R 336.1602(3), that in doing so, the condenser would be rendered ineffective. In this case, the temperature of the gas stream must be reduced as low as can be achieved without freezing of the condenser occurring.

(5) The provisions of this rule do not apply to any single existing reactor, distillation operation, crystallizer, centrifuge, or vacuum dryer that has a maximum uncontrolled volatile organic compound emission rate of less than 15 pounds per day.

(6) A person shall not operate an existing air dryer or production equipment exhaust system unless the volatile organic compound emissions from this equipment are reduced by not less than 90% if the uncontrolled volatile organic compound emissions are 330 pounds per day or more or are reduced to less than or equal to 33 pounds per day if the uncontrolled volatile organic compound emissions are less than 330 pounds per day.

(7) A person shall not load or allow the loading of a volatile organic compound that has a vapor pressure of more than 210 millimeters of mercury (4.1 pounds per square inch), as measured at 20 degrees Celsius (68 degrees Fahrenheit), from a truck or railcar into an existing stationary vessel of more than a 2,000-gallon capacity, unless a vapor balance system or an alternate control system that provides not less than 90% control of loading emissions is utilized.

(8) A person shall not store a volatile organic compound that has a vapor pressure of more than 75 millimeters of mercury (1.5 pounds per square inch), as measured at 20 degrees Celsius (68 degrees Fahrenheit), in an existing above ground stationary vessel, unless the stationary vessel is equipped with a pressure/vacuum conservation vent set at plus or minus 1.5 millimeters of mercury (0.03 pounds per square inch) or an alternate control system at least as effective, under R 336.1602(2). For purposes of comparing the actual emission level from an alternative control technology to the allowable emission level resulting from the use of a pressure/vacuum conservation vent meeting this requirement, the actual emission level must be determined using the methods described in 40 CFR part 60, appendix A, and the allowable emission level must be determined using the calculation methods described in appendix B of "Control of Volatile Organic Emissions From Manufacture of Synthesized Pharmaceutical Products", EPA-450/2- 78-029, both adopted by reference in R 336.1902.

(9) A person shall not operate an existing centrifuge, rotary vacuum filter, or other filter that has an exposed liquid surface, if the liquid contains a volatile organic compound or compounds and the sum of the partial pressure or pressures of volatile organic compound or compounds is 26.2 millimeters of mercury (0.5 pounds per square inch) or more, as measured at 20 degrees Celsius (68 degrees Fahrenheit), unless the equipment is enclosed.

(10) A person shall not operate an existing in-process tank that may contain a volatile organic compound at any time, unless the tank is equipped with a cover and the cover remains closed, except when production, sampling, maintenance, or inspection procedures require operator access.

(11) A person shall not operate any existing equipment utilized in the manufacturing of synthesized pharmaceutical products from which a liquid containing a volatile organic compound or compounds can be observed dripping or running, unless the leak is repaired immediately, if possible, but not later than the first time the equipment is off-line for a period of time that is long enough to complete the repair.

(12) A person who is responsible for the operation of a synthesized pharmaceutical process subject to the provisions of this rule shall obtain current information and maintain records that are necessary for a determination of compliance with the provisions of this rule. The information must include all of the following:

(a) For operations subject to subrule (2) of this rule, all of the following information:

(i) A list of all volatile organic compounds in each gas stream.

(ii) The vapor pressure, as measured at 20 degrees Celsius (68 degrees Fahrenheit), of each volatile organic compound.

(iii) The mole fraction of each volatile organic compound in the liquid mixture.

(iv) Continuous records of the gas outlet temperature of each condenser or of a parameter that ensures proper operation of an equivalent control device used pursuant to subrule (2)(b) of this rule.

(b) For operations that comply with subrule (5) of this rule, the amount of material entering and exiting each reactor, distillation operation, crystallizer, centrifuge, and vacuum dryer.

(d) For operations subject to subrule (7) of this rule, the following information:

(i) The date when each stationary vessel is loaded.

(ii) The type and vapor pressure, as measured at 20 degrees Celsius (68 degrees Fahrenheit), of each volatile organic compound loaded into each stationary vessel.

(e) For operations subject to subrule (9) of this rule, all of the following information:

(i) A list of all volatile organic compounds in the liquid.

(ii) The vapor pressure, as measured at 20 degrees Celsius (68 degrees Fahrenheit), of each volatile organic compound.

(iii) The mole fraction of each volatile organic compound in the liquid mixture.

(f) For operations subject to subrule (11) of this rule, the following information:

(i) The date each leak was detected.

(ii) The date each leak was repaired.

**History**
- *History: 1981 AACS; 1993 AACS; 2000 AACS; 2017 AACS; 2023 AACS.*

##### **Mich. Admin. Code R 336.1626** Rescinded {#sec-r-336.1626 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1626}

**History**
- *History: 1981 AACS; 1989 AACS.*

##### **Mich. Admin. Code R 336.1627** Delivery vessels; vapor collection systems {#sec-r-336.1627 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1627}

Rule 627. (1) A person shall not operate any delivery vessel that is subject to control by a vapor collection system, either vapor balance or recovery system, required by R 336.1606, R 336.1607, R 336.1608, or R 336.1609 unless all of the provisions of this rule are met.

(2) Delivery vessels must comply with all requirements described in the 40 CFR part 60, appendix A, method 27, adopted by reference in R 336.1902.

(3) The owner of any delivery vessel that is subject to subrule (1) of this rule shall test the delivery vessel in accordance with 40 CFR part 60, appendix A, method 27, within 1 year after the date of the previous test. Notification of the exact time and location of the test must be given to the department, in writing, not less than 7 days before the actual test. If the time or location of the test changes for any reason, then the owner or operator shall notify the department as soon as practical.

(4) The test must comply with documentation requirements described in 40 CFR part 60, appendix A, method 27 and be submitted to the department within 30 days after the test completion and in a form acceptable to the department. Upon successful completion of the required testing, the vessel is provisionally certified providing the department does not invalidate the certification by issuing disapproval within 45 days after receipt of the results.

(5) There must be no visible liquid leaks from the vessel or collection system, except when the disconnection of dry breaks in liquid lines produces a few drops of liquid.

(6) A person shall not operate any vapor collection system, either vapor balance or recovery system, required by R 336.1606, R 336.1607, R 336.1608, and R 336.1609 unless the provisions of subrules (7) to (11) of this rule are met.

(7) There must be no gas detector reading greater than or equal to 100% of the lower explosive limit at a distance of 1 inch from the location of the potential leak in the vapor collection system.

Leaks must be detected by a combustible gas detector using the test procedure described in R 336.2005.

(8) There must be no visible leaks, except from the disconnection of bottom loading dry breaks and from raising top loading vapor heads, where a few drops are allowed.

(9) The vapor collection system must be designed and operated to prevent gauge pressure in the delivery vessel from exceeding 0.6 pounds per square inch and to prevent vacuum from exceeding -0.2 pounds per square inch gauge.

(10) The department may require the owner or operator of any vapor collection system subject to the provisions of subrule (6) of this rule to test the system in accordance with R 336.2005. The tests must be conducted within 60 days following receipt of written notification from the department. Notification of the exact time and location of the test must be given to the department, in writing, not less than 7 days before the actual test. Documentation of the test that states the date and location of the test, test procedures, the type of equipment used, and the results of the test must be submitted to the department within 60 days following the last date of the test. If the time or location of the test changes for any reason, then the owner or operator shall notify the department as soon as practical.

(11) Any delivery vessel or component of a vapor collection system that fails to meet any provision of this rule must not be operated until the necessary repairs have been made, the vessel or collection system has been retested, and the test results have been submitted to the department.

**History**
- *History: 1981 AACS; 1993 AACS; 2002 AACS; 2006 AACS; 2017 AACS; 2023 AACS.*

##### **Mich. Admin. Code R 336.1628** Emission of volatile organic compounds from components of existing process equipment used in manufacturing synthetic organic chemicals and polymers; monitoring program {#sec-r-336.1628 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1628}

Rule 628. (1) A person shall not cause or allow the emission of a volatile organic compound from a component of existing manufacturing process equipment at a synthetic organic chemical and polymer manufacturing plant located in any of the following counties, unless the provisions of subrules (2) to (16) of this rule are met or unless an equivalent control method, as approved by the department under R 336.1602(2), including the control method described in “Standards of Performance for Equipment Leaks of VOC in the Synthetic Organic Chemicals Manufacturing Industry for which Construction, Reconstruction, or Modification Commenced After January 5, 1981, and on or Before November 7, 2006,” 40 CFR part 60, subpart VV adopted by reference in R 336.1902, is implemented:

(a) Western portion of Allegan.

(b) Berrien.

(d) Livingston.

(e) Macomb.

(f) Monroe.

(g) Muskegon.

(h) Oakland.

(i) Ottawa.

(j) St. Clair.

(k) Washtenaw.

(l) Wayne.

(2) A person shall not operate existing manufacturing process equipment at a synthetic organic chemical and polymer manufacturing plant unless a monitoring program is implemented. The monitoring program must provide for all of the following:

(a) A quarterly inspection of all components in light liquid or gaseous volatile organic compound service that are not designated as difficult-to-monitor components.

(b) An annual inspection of all difficult-to-monitor components in light liquid or gaseous volatile organic compound service. Annual inspections must take place during the period of April 1 to June 30.

(d) An immediate inspection of all components from which a liquid, including a volatile organic compound, is observed dripping or from which a gaseous volatile organic compound is observed venting to the atmosphere.

(e) Within 2 normal business days after it begins venting to the atmosphere, an inspection of each relief valve from which a volatile organic compound could discharge.

(f) An inspection, as soon as is practical, but not later than 5 calendar days, after the repair of a component that was found leaking.

(3) Except for the visual inspections required by the provisions of subrule (2)(c) of this rule, all inspections must be performed using equipment and procedures as specified in 40 CFR part 60, appendix A, method 21, adopted by reference in R 336.1902. A component is leaking when a concentration of more than 10,000 ppm, by volume, as methane or hexane, is measured by method 21.

(4) If implementation of the quarterly leak detection program as specified in subrule (2)(a) of this rule shows that 2% or less of the process valves in a given process unit are leaking for 2 consecutive quarters, then the inspections of process valves in that unit are not required for 1 quarter. If 2% or less of the process valves in a given process unit are leaking for 5 consecutive quarters, then the inspections may be performed annually. If a subsequent inspection shows that more than 2% of the process valves are leaking, then quarterly inspections of valves shall again be required.

(5) The percentage of valves leaking on a process unit, as referenced in subrule (4) of this rule, must be determined by dividing the total number of valves found to be leaking on the process unit during the specified monitoring period by the total number of valves on the process unit that are required to be monitored by this rule.

(6) The provisions of subrule (2) of this rule do not apply to either of the following:

(a) A component that is equipped with a closed vent system that is capable of capturing and transporting a leakage from the component to a control device that is designed and operated to reduce the volatile organic compound emissions vented to it by 95% or more.

(b) An unsafe-to-monitor component, until conditions would no longer expose monitoring personnel to immediate danger.

(7) The provisions of this rule do not apply to any of the following:

(a) A component that contains or contacts a gaseous stream with a volatile organic compound concentration of less than 10% by weight. Procedures that conform to the general methods in the following ASTM standards, adopted by reference in R 336.1902, must be used to determine the percentage of volatile organic compound contents in the process fluid that is contained in or contacts a piece of equipment:

(i) Standard Practice for General Techniques of Infrared Quantitative Analysis, ASTM E168.

(ii) Standard Practices for General Techniques of Ultraviolet-Visible Quantitative Analysis, ASTM E169.

(iii) Standard Practice for Packed Column Gas Chromatography, ASTM E260.

(b) A component that operates under a vacuum.

(c) Components of synthetic organic chemical and polymer manufacturing process units that produce 1,100 tons per calendar year or less of light liquid or gaseous volatile organic compounds.

(d) A relief valve that has an upstream rupture disc.

(8) A person shall seal open-ended lines with a second valve, a blind flange, a cap, or a plug, except when the open end is in use, as with relief valves, double block and bleed valves, and composite samplers. In the case of a second valve, the upstream valve must be closed first after each use.

(9) A component that is found to be leaking pursuant to the monitoring program provisions of subrule (2) of this rule or for another reason must be repaired. Except as provided in subrule (11) of this rule, the leak must be repaired as soon as possible, but not more than 15 days after the leak is detected. Until the leak is repaired and retested verifying a successful repair, the component that is causing the leak must bear a weather-resistant, numbered identifying tag that indicates the date the leak was discovered.

(10) A log of all leaks that are detected under subrule (2) of this rule must be maintained by the person who operates the synthetic organic chemical and polymer manufacturing plant. The log must list all of the following information:

(a) The leaking component and synthetic organic chemical and polymer manufacturing process unit.

(b) The number of the identifying tag.

(d) The date the leak was repaired.

(e) The date the component was retested after the repair, with an indication of the testing results.

(f) The person or persons who performed the inspections.

(11) All of the following provisions apply to delays in the repair of leaking components:

(a) If a leak cannot be repaired within 15 calendar days because the leaking component cannot be repaired unless the synthetic organic chemical and polymer manufacturing process unit is shut down, then the person who operates the synthetic organic chemical and polymer manufacturing plant shall maintain a log of the non-repair and the leak must be repaired at the next unit turnaround.

(b) If a leak cannot be repaired within 15 calendar days due to circumstances beyond the control of the person who operates the synthetic organic chemical and polymer manufacturing plant, then the person shall notify the department of the circumstances causing the delay in repair before the end of the fifteenth day and maintain a log of the non-repair. The leak must be repaired in an expeditious manner, which must be within 6 months after the date the leak was detected.

(i) The leaking component and synthetic organic chemical and polymer manufacturing process unit.

(ii) The date the leak was discovered.

(iii) The reason why the leak cannot be repaired within 15 days.

(iv) The estimated date of repair.

(v) The number of the identifying tag.

(12) A log of all unsafe-to-monitor components that are not part of the written program as required by subrule (14) of this rule must be maintained by the person that operates the synthetic organic chemical and polymer manufacturing plant. This log must list all of the following information:

(a) The unsafe-to-monitor component and synthetic organic chemical and polymer manufacturing process unit.

(b) The number of the identifying tag.

(d) The date or dates the component was unsafe to monitor.

(13) Not later than 25 calendar days after the end of the previous quarter, the person that operates the synthetic organic chemical and polymer manufacturing plant shall submit, to the department, a report that contains all of the following information for that quarter:

(a) The total number of components tested, by type.

(b) The total number of components which are found leaking and which are repaired, by type.

(c) The total number of components, by synthetic organic chemical and polymer manufacturing process unit and type, which are found to be leaking and are not repaired within the required time period and the reason for non-repair.

(d) The type or types of monitoring equipment utilized during the quarter.

(e) The total number of unsafe-to-monitor components that are logged as required by subrule (12) of this rule. The report required by this subrule must be made on a form that is provided by the department.

(14) A person that is subject to the provisions of this rule shall develop a written program detailing how the provisions of this rule will be implemented. The program must include listings, by type and synthetic organic chemical and polymer manufacturing process unit, of all of the following:

(a) All components that are regularly inspected as required in subrule (2) of this rule.

(b) All components that are equipped with a closed vent system subject to the provisions of subrule (6)(a) of this rule.

(c) All components that are exempted from the provisions of this rule pursuant to the provisions of subrule (7)(b), (c), and (d) of this rule.

(d) All difficult-to-monitor components in light liquid or gaseous volatile organic compound service.

(e) All components that are located outside a building, which can only be monitored by elevating the monitoring personnel more than 6 feet above ground level, and are unsafe to monitor during the period of November 1 to March 31.

(15) The written program required by the provisions of subrule (14) of this rule and the logs required by the provisions of subrules (10), (11), and (12) of this rule must be made available, to any representative of the department, on Monday through Friday between 9 a.m. and 5 p.m., at the synthetic organic chemical and polymer manufacturing plant. The logs must be maintained for a minimum of 2 years.

(16) If a synthetic organic chemical and polymer manufacturing process unit that was previously exempt pursuant to the provisions of subrule (7)(c) of this rule produces light liquid or gaseous volatile organic compounds in excess of 1,100 tons in a calendar year, then the provisions of this rule apply. Inspections begin no later than 6 months after the end of that calendar year and are maintained for as long as the applicable equipment is in operation.

**History**
- *History: 1989 AACS; 1993 AACS; 1997 AACS; 2002 AACS; 2017 AACS; 2023 AACS.*

##### **Mich. Admin. Code R 336.1629** Emission of volatile organic compounds from components of existing process equipment used in processing natural gas; monitoring program {#sec-r-336.1629 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1629}

Rule 629. (1) A person shall not cause or allow the emission of a volatile organic compound from a component of existing process equipment at a natural gas processing plant located in any of the following counties, unless all of the provisions of subrules (2) to (16) of this rule are met or unless an equivalent control method, as approved by the department under R 336.1602(2), is implemented:

(a) Western portion of Allegan.

(b) Berrien.

(d) Livingston.

(e) Macomb.

(f) Monroe.

(g) Muskegon.

(h) Oakland.

(i) Ottawa.

(j) St. Clair.

(k) Washtenaw.

(l) Wayne.

(2) A person shall not operate existing process equipment at a natural gas processing plant unless a monitoring program is implemented. The monitoring program must provide for all of the following:

(a) A quarterly inspection of all components in gaseous or liquid volatile organic compound service that are not designated as difficult-to-monitor components.

(b) An annual inspection of all difficult-to-monitor components in gaseous or liquid volatile organic compound service. Annual inspections must take place during the period of April 1 to June 30.

(e) Within 2 normal business days after it begins venting to the atmosphere, an inspection of each relief valve from which a volatile organic compound could discharge.

(f) An inspection, as soon as is practical but no later than 5 calendar days after the repair, of a component that was found leaking.

If 2% or less of the process valves in a given process unit are leaking for 5 consecutive quarters, then the inspection may be performed annually. If a subsequent inspection shows that more than 2% of the process valves are leaking, then quarterly inspections of valves shall again be required.

(5) The percentage of valves leaking on a process unit, as referenced in subrule (4) of this rule, must be determined by dividing the total number of valves that are found to be leaking on the process unit during the specified monitoring period by the total number of valves on the process unit that are required to be monitored by this rule.

(6) A relief valve that is located in a nonfractionating plant that is inspected only by nonplant personnel may be inspected after a pressure release the next time that the inspecting personnel are at the plant, instead of within 5 days as specified in subrule (2)(e) of this rule. A relief valve must not be allowed to operate for more than 30 days after a pressure release without an inspection.

(7) The provisions of subrule (2) of this rule do not apply to any of the following:

(b) A pump that is equipped with a dual seal system that includes a barrier fluid and is equipped with a sensor that will detect a failure of the seal system.

(8) The provisions of this rule do not apply to any of the following:

(a) A component, except any in field gas service, that contains or contacts a process stream that has a volatile organic compound concentration of less than 1.0% by weight. A component in field gas service is excluded from the provisions of this subrule. Procedures that conform to the general methods in the following ASTM standards, adopted by reference in R 336.1902, must be used to determine the percentage of volatile organic compound contents in the process fluid that is contained in or contacts a piece of equipment:

(i) Standard Practice for General Techniques of Infrared Quantitative Analysis, ASTM E168.

(ii) Standard Practices for General Techniques of Ultraviolet-Visible Quantitative Analysis, ASTM E169.

(iii) Standard Practice for Packed Column Gas Chromatography, ASTM E260.

(b) A component that operates under a vacuum.

(d) A reciprocating compressor in field gas service.

(e) A natural gas processing plant which has a capacity of less than 10,000,000 cubic feet per day and which does not fractionate natural gas liquids.

(f) A relief valve that has an upstream rupture disc.

(9) A person shall seal open-ended lines with a second valve, blind flange, cap, or plug, except when the open end is in use, as with relief valves and double block and bleed valves. In the case of a second valve, the upstream valve must be closed first after each use.

(10) A component that is found to be leaking pursuant to the monitoring program provisions of subrule (2) of this rule or for another reason must be repaired. Except as provided in subrule (12) of this rule, the leak must be repaired as soon as possible, but not more than 15 days after the leak is detected. Until the leak is repaired and retested verifying a successful repair, the component that is causing the leak shall bear a weather-resistant, numbered identifying tag that indicates the date the leak was discovered.

(11) A log of all leaks that are detected pursuant to the provisions of this rule must be maintained by the person that operates the natural gas processing plant. The log must list all of the following information:

(a) The leaking component and natural gas process unit.

(b) The number of the identifying tag.

(d) The date the leak was repaired.

(e) The date the component was retested after the repair, with an indication of the testing results.

(f) The person or persons who performed the inspections.

(12) All of the following provisions apply to delays in the repair of leaking components:

(a) If a leak cannot be repaired within 15 calendar days because the leaking component cannot be repaired unless the natural gas process unit is shut down, then the person that operates the natural gas processing plant shall maintain a log of the non-repair and the leak must be repaired at the next unit turnaround.

(b) If a leak cannot be repaired within 15 calendar days due to circumstances beyond the control of the person that operates the natural gas processing plant, then the person shall notify the department of the circumstances causing the delay in repair before the end of the fifteenth day and maintain a log of the non-repair. The leak must be repaired in an expeditious manner, which must not be more than 6 months after the date the leak was detected.

(i) The leaking component and natural gas process unit.

(ii) The date the leak was discovered.

(iii) The reason why the leak cannot be repaired within 15 days.

(iv) The estimated date of repair.

(v) The number of the identifying tag.

(13) A log of all unsafe-to-monitor components that are not part of the written program as required by the provisions of subrule (15) of this rule must be maintained by the person that operates the natural gas processing plant. The log must list all of the following information:

(a) The unsafe-to-monitor component and natural gas process unit.

(b) The number of the identifying tag.

(d) The date or dates the component was unsafe to monitor.

(14) No later than 25 calendar days after the end of the previous quarter, the person that operates the natural gas processing plant shall submit, to the department, a report that contains all of the following information for that quarter:

(a) The total number of components tested, by type.

(b) The total number of components that are found leaking and are repaired, by type.

(c) The total number of components, by natural gas process unit and type that are found to be leaking and are not repaired within the required time period and the reason for non-repair.

(d) The type or types of monitoring equipment utilized during the quarter.

(e) The total number of unsafe-to-monitor components that are logged as required by the provisions of subrule (13) of this rule. The report required by this subrule must be made on a form that is provided by the department.

(15) A person that is subject to the provisions of this rule shall develop a written program detailing how the provisions of this rule will be implemented. The program must include listings, by type and natural gas process unit, of all of the following:

(a) All components that are regularly inspected as required in subrule (2) of this rule.

(b) All components that are subject to the provisions of subrule (7)(a) and (b) of this rule.

(c) All components that are exempted from the provisions of this rule pursuant to the provisions of subrule (8) of this rule.

(d) All difficult-to-monitor components in gaseous or liquid volatile organic compound service.

(e) All components which are located outside a building, which can only be monitored by elevating the monitoring personnel more than 6 feet above ground level, and which are unsafe to monitor during the period of November 1 to March 31.

(16) The written program required by the provisions of subrule (15) of this rule and the logs required by the provisions of subrules (11), (12), and (13) of this rule must be made available, to any representative of the department, on Monday through Friday between 9 a.m. and 5 p.m., at the natural gas processing plant. The logs must be maintained for a minimum of 2 years.

**History**
- *History: 1989 AACS; 1993 AACS; 2002 AACS; 2017 AACS; 2023 AACS.*

##### **Mich. Admin. Code R 336.1630** Emission of volatile organic compounds from existing paint manufacturing processes {#sec-r-336.1630 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1630}

Rule 630. (1) A person shall not cause or allow the emission of a volatile organic compound from existing equipment utilized in paint manufacturing located in any of the following counties, unless all of the provisions of subrules (2) to (4) of this rule are met or unless an equivalent control method, as approved by the department under R 336.1602(2), is implemented:

(a) Western portion of Allegan.

(b) Berrien.

(d) Livingston.

(e) Macomb.

(f) Monroe.

(g) Muskegon.

(h) Oakland.

(i) Ottawa.

(j) St. Clair.

(k) Washtenaw.

(l) Wayne.

(2) All stationary and portable mixing tanks and high-speed dispersion mills must be equipped with covers that completely cover the tank or mill opening, except for an opening which is no larger than necessary to allow for safe clearance for the mixer shaft. The tank opening must be covered at all times, except when operator access is necessary.

(3) The cleaning of paint manufacturing equipment and paint shipping containers must be done by methods and materials that minimize the emission of volatile organic compounds.

These methods and materials must include 1 of the following:

(a) Hot alkali or detergent cleaning.

(b) High-pressure water cleaning.

(c) Cleaning by use of an organic solvent if the equipment being cleaned is completely covered or enclosed, except for an opening that is no larger than necessary to allow for safe clearance considering the method and materials being used.

(4) Wash solvent must be stored only in closed containers.

(5) The provisions of this rule do not apply to tanks or equipment which, pursuant to the provisions of this subrule that were in effect on April 19, 1989, was exempt from the provisions of this rule that were in effect on April 19, 1989, but which are now subject to the provisions of this rule, until 1 year after the effective date of this rule.

**History**
- *History: 1989 AACS; 1993 AACS; 2002 AACS; 2023 AACS.*

##### **Mich. Admin. Code R 336.1631** Emission of volatile organic compounds from existing process equipment utilized in manufacture of polystyrene or other organic resins {#sec-r-336.1631 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1631}

Rule 631. (l) A person shall not cause or allow the emission of volatile organic compounds from existing process equipment that is utilized in the manufacturing of polystyrene or other organic resins located in any of the following counties, unless all of the provisions of subrules (2) to (10) of this rule are met or unless an equivalent control method, as approved by the department under R 336.1602(2), is implemented:

(a) Western portion of Allegan.

(b) Berrien.

(d) Livingston.

(e) Macomb.

(f) Monroe.

(g) Muskegon.

(h) Oakland.

(i) Ottawa.

(j) St. Clair.

(k) Washtenaw.

(l) Wayne.

(2) The emission of volatile organic compounds from existing material recovery equipment that is utilized in the manufacture of polystyrene resin by a continuous process must not be more than 0.12 pounds per 1,000 pounds of polystyrene resin produced.

(3) A person shall not operate an existing reactor, thinning tank, or blending tank that is utilized in the manufacture of a completed organic resin unless either of the following provisions is complied with:

(a) All volatile organic compounds emitted from existing reactors, thinning tanks, and blending tanks must be vented to control equipment that is designed and operated to reduce the quantity of volatile organic compounds by not less than 95 weight percent. Reflux condensers that are essential to the operation of the resin reactor are not considered to be control equipment.

(b) The total volatile organic compounds emitted to the atmosphere from the reactors, thinning tanks, and blending tanks do not exceed 0.5 pounds per 1,000 pounds of completed organic resin produced.

(4) Notwithstanding the provisions of subrule (3) of this rule, a person shall not operate an existing reactor, thinning tank, or blending tank utilized in the manufacture of a dry organic resin at the Solutia, Inc. of Trenton unless 1 of the following provisions is complied with:

(b) The total volatile organic compounds emitted to the atmosphere from the reactors, thinning tanks, and blending tanks do not exceed 2.6 pounds per 1,000 pounds of dry organic resin produced.

(5) Compliance with the emission limits specified in subrules (2), (3), and (4) of this rule must be determined using the method described in R 336.2060 or an alternate method acceptable to the department. Upon request by the department, a person that is responsible for processes that are subject to the provisions of subrule (2), (3), or (4) of this rule shall submit, to the department, test data necessary for a determination of compliance.

(6) Compliance with the emission limits specified in subrules (2), (3), and (4) of this rule must be determined using the method described in R 336.2060 or an alternate method acceptable to the department under R 336.1602(2). Upon request by the department, a person that is responsible for processes that are subject to the provisions of subrule (2), (3), or (4) of this rule shall submit, to the department, test data necessary for a determination of compliance including, but not limited to, the following:

(a) Emissions test data.

(b) Material balance calculations.

(d) Control equipment specifications and operating parameters.

(7) A person that is responsible for the operation of existing process equipment that is subject to the provisions of this rule shall submit, to the department, a written program for compliance with this rule or evidence of compliance with this rule. The written program for compliance must be submitted to the department before October 19, 1989.

(8) The program required by subrule (7) of this rule must include the method by which compliance with this rule must be achieved, a description of new equipment to be installed or modifications to existing equipment to be made, and a timetable that specifies, at a minimum, all of the following dates:

(a) The date or dates equipment must be ordered.

(b) The date or dates construction, modification, or process changes must begin.

(d) The date or dates final compliance must be achieved.

(9) A person may discontinue the operation of a natural gas-fired afterburner that is used to achieve compliance with the emission limits in this rule, between November 1 and March 31, unless the afterburner is used to achieve compliance with, or is required by, any of the following:

(a) Another provision of these rules.

(b) A permit to install.

(d) A voluntary agreement.

(e) A performance contract.

(f) A stipulation.

(g) An order of the department.

(10) If the operation of a natural gas-fired afterburner is discontinued between November 1 and March 31 pursuant to the provisions of subrule (9) of this rule, then both of the following provisions apply during this time period:

(a) All other provisions of this rule, except for the emission limits, remain in effect.

(b) All other measures that are used to comply with the emission limits in this rule between April 1 and October 31 must continue to be used.

**History**
- *History: 1989 AACS; 1993 AACS; 2002 AACS; 2023 AACS.*

##### **Mich. Admin. Code R 336.1632** Emission of volatile organic compounds from existing automobile, truck, and business machine plastic part coating lines {#sec-r-336.1632 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1632}

Rule 632. (1) A person shall not cause or allow the emission of volatile organic compounds from an automobile, truck, or business machine plastic part coating line in any of the following counties unless all of the provisions of subrules (2) to (14) of this rule are met, as applicable:

(a) Western portion of Allegan.

(b) Berrien.

(d) Livingston.

(e) Macomb.

(f) Monroe.

(g) Muskegon.

(h) Oakland.

(i) Ottawa.

(j) St. Clair.

(k) Washtenaw.

(l) Wayne.

(2) The following provisions must be met:

(a) A person shall not cause or allow the emission of volatile organic compounds from the coating of plastic parts of automobiles and trucks from any existing coating line in excess of the applicable emission rates as specified in table 66.

(b) Except as provided for in subrule (10) of this rule, any coating that is subject to an emission rate specified in table 66 must not be applied with conventional air-atomizing spray equipment.

All spray equipment must be installed, maintained, and operated in accordance with the recommendations and design of the equipment manufacturer.

(c) A person shall not cause or allow the emission of volatile organic compounds from the coating of plastic parts of business machines from any existing coating line in excess of the applicable emission rates as specified in table 67.

(d) Except as provided for in subrule (10) of this rule, any prime or topcoat coating that is subject to the emission rate specified in table 67 must not be applied with air-atomizing spray equipment.

All spray equipment must be installed, maintained, and operated in accordance with the recommendations and design of the equipment manufacturer.

(3) If a part consists of both plastic and metal surfaces and is exempted from the provisions of R 336.1621 or R 336.1621a based on the provisions of R 336.1621(9)(e) and R 336.1621a(2)(b)(ii) respectively, the part is subject to this rule.

(4) If a coating line is subject to the provisions of R 336.1610, R 336.1610a, R 336.1621, or R 336.1621a, the coating line is exempt from this rule.

(5) A person that is responsible for the operation of a coating line that is subject to this rule shall obtain current information and maintain daily records necessary for a determination of compliance with the provisions of this rule, as required in R 336.2041.

(6) For each coating line, compliance with the emission limits specified in this rule is based upon all of the following:

(a) The volume-weighted average of all coatings that belong to the same coating category and are used during each calendar day averaging period. The department may specifically authorize compliance, under R 336.1602(2), to be based upon a longer averaging period, not to exceed more than 1 calendar month.

(b) If coatings belonging to more than 1 coating category are used on the same coating line during the specified averaging period, then compliance must be determined separately for each coating category.

(7) Compliance with the emission limits specified in subrule (2) of this rule, the method described in either R 336.2040(12)(a) if the coating line does not have an add-on emissions control device or R 336.2040(12)(b) if the coating line has 1 or more add-on emissions control devices.

(8) A modification of coating applicator equipment for the primary purpose of achieving compliance with subrules (2)(b) and (d) of this rule, to the extent that the modification does not increase the potential to emit, must not be subject to the provisions of R 336.1220 and R 336.1702.

(9) The provisions of this rule, with the exception of the provisions of subrule (5) of this rule, do not apply to any of the following:

(a) Automobile, truck, or business machine plastic part coating lines which are within a stationary source located within the 2015 ozone nonattainment areas and have a combined actual emission rate of volatile organic compounds of less than or equal to 15 pounds per calendar day.

(b) Automobile, truck, or business machine plastic coating lines within any stationary source located in Ottawa, the eastern portion of Muskegon as defined in R 336.1601, or Kent Counties and that have a total combined emission rate of volatile organic compounds from plastic coating lines of less than 30 tons per calendar year. The total combined emission rate must include emissions from coatings and coating operations exempted from this rule. If the total combined emissions equal or exceed 30 tons in any subsequent year, the provisions of this rule permanently applies to these plastic coating lines for as long as the applicable equipment is in operation.

(d) The application of electrostatic prep coats.

(e) The application of resist coats.

(f) The application of stencil coats.

(g) The application of texture coats to automobile or truck parts.

(h) The application of vacuum metalizing coatings.

(i) The application of gloss reducer.

(j) An automobile, truck, or business machine plastic part coating operation located in Ottawa, the eastern portion of Muskegon, or Kent Counties consisting of an applicator and any subsequent flash-off area or oven, or both, from which the total emission rate of volatile organic compounds is equal to or less than 2,000 pounds per calendar month and 10.0 tons per calendar year. The total combined emission rate of volatile organic compounds from these exempted operations at a stationary source must not be more than 30.0 tons per calendar year. If the total emission rate for an operation is more than 2,000 pounds in any subsequent month or 10 tons per year in a subsequent year, the provisions of this rule permanently apply to these automobile, truck, or business machine plastic part coating operations for as long as the applicable equipment is in operation.

(k) Low-use coatings that total 55 gallons or less per rolling 12-month period at a stationary source.

(10) The provisions of subrule (2)(b) and (d) of this rule do not apply to the equipment used in any of the following:

(a) The application of the final coat of metallic topcoat.

(b) The application of waterborne coatings.

(d) Coating operations controlled by add-on emission controls.

(e) Coating operations for which an acceptable demonstration has been made that conventional air-atomizing spray equipment is the only technically feasible application method.

(f) Other coating operations that together account for a total of 20% or less of the total volume of coatings applied by nonexempt coating application equipment calculated on a calendar day basis.

(11) A person may discontinue the operation of a natural gas-fired afterburner, that is used to achieve compliance with the emission limits in this rule, between November 1 and March 31 unless the afterburner is used to achieve compliance with, or is required by, any of the following:

(a) Another provision of these rules.

(b) A permit to install.

(d) A voluntary agreement.

(e) A performance contract.

(f) A stipulation.

(g) An order of the department.

(12) If the operation of a natural gas-fired afterburner is discontinued between November 1 and March 31 pursuant to the provisions of subrule (11) of this rule, then both of the following provisions apply during this time period:

(a) All other provisions of this rule, except for the emission limits, remain in effect.

(b) All other measures that are used to comply with the emission limits in this rule between April 1 and October 31 must continue to be used.

(13) Table 66 reads as follows:

TABLE 66

Volatile organic compound emission limitations for existing automobile and truck plastic parts coating lines Coating category Pounds of volatile organic compounds allowed to be emitted per gallon of coating (minus water) as applied 1. High bake coating--exterior and interior parts 1,2 (a) Prime Flexible coating 4.5 Nonflexible coating 3.5 (b) Topcoat Basecoat 4.3 Clearcoat 4.0 Non-basecoat/clearcoat 4.3 2. Air-dried coating--exterior parts 1,3 Prime 4.8 Topcoat Basecoat 5.0 Clearcoat 4.5 Non-basecoat/clearcoat 5.0 3. Air-dried coating—interior parts 1,3 5.0 4. Touch-up and repair 5.2 For red and black coatings, the emission limitation must be determined by multiplying the appropriate limit in this table by 1.15.

When 40 CFR part 60, appendix A, method 24 is used to determine the volatile organic compound content of a coating, the applicable emission limitation must be determined by adding 0.5 to the appropriate limit in this table.

(14) Table 67 reads as follows:

TABLE 67

Volatile organic compound emission limitations for existing business machine plastic parts coating lines Coating category Pounds of volatile organic compounds allowed to be emitted per gallon of coating (minus water) as applied Prime 2.9 Topcoat 2.9 Texture coat 2.9 Fog coat 2.2 Touch-up and repair 2.9

**History**
- *History: 1989 AACS; 1993 AACS; 2017 AACS; 2023 AACS.*

##### **Mich. Admin. Code R 336.1633** Emission of volatile organic compounds from existing plastic parts and products surface coating; and pleasure craft coating operations in 2015 ozone nonattainment areas {#sec-r-336.1633 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1633}

Rule 633. (1) As used in this rule:

(a) “Pleasure craft” means vessels that are manufactured or operated primarily for recreational purposes, or leased, rented, or chartered to a person for recreation purposes. The person responsible for the vessels is responsible for certifying that the intended use is for recreational purposes.

(b) “Pleasure craft surface coating” means any marine coating, except unsaturated polyester resin (fiberglass) coatings, applied by brush, spray, roller, or other means to a pleasure craft.

(2) A person shall not cause or allow the emission of any volatile organic compound from the surface coating of miscellaneous plastic parts and products, or pleasure craft coatings in excess of the limitations of this rule in miscellaneous plastic parts and products operations or pleasure craft operations from any existing source located within the 2015 ozone nonattainment area, in excess of the applicable emission rates provided in subrule (4) of this rule.

(3) The provisions of this rule do not apply to the following:

(a) With the exception of the requirements in subrule (6) of this rule, miscellaneous plastic parts or pleasure craft coating lines within any stationary source and that have a total combined actual emission rate of volatile organic compounds, including related cleaning activities, of less than 15 pounds per day before consideration of controls. If the combined actual emission rate equals or is more than 15 pounds per day for a subsequent day, then this rule permanently applies to these coating lines.

(b) The portion of a plastic parts and products surface coating and pleasure craft coating operations that is addressed in R 336.1610, R 336.1610a, R 336.1620, R 336.1620a, R 336.1635, R 336.1636, R 336.1637, R 336.1638, and R 336.1639.

(d) Body fillers and putties used to repair surface defects in fiberglass composite parts, or putties used to bond fiberglass composite parts together.

(e) The following plastic parts coatings processes are exempt from subrule (4) of this rule:

(i) Touch-up and repair coatings.

(ii) Stencil coatings applied on clear or transparent substrates.

(iii) Clear or translucent coatings.

(iv) Coatings applied at a paint manufacturing facility while conducting performance tests on the coatings.

(v) Any individual coating category used in volumes less than 50 gallons in any 1 year, if substitute compliant coatings are not available, if the total usage of all coatings does not exceed 200 gallons per year, per facility.

(vi) Reflective coating applied to highway cones.

(vii) Mask coatings that are less than 0.5 millimeter thick (dried) and the area coated is less than 25 square inches.

(viii) Electromagnetic interference/radio frequency interference shielding coatings.

(ix) Heparin-benzalkonium chloride containing coatings applied to medical devices, if the total usage of all such coatings does not exceed 100 gallons per year, per facility.

(4) A person shall not cause or allow the emission of any volatile organic compound from surface coatings from plastic parts and product operations or from surface coatings from pleasure craft operations, unless the following provisions are met:

(a) A person responsible for the coating line engaged in the surface coating of existing miscellaneous plastic parts and products, and surface coating of pleasure crafts in the 2015 ozone nonattainment areas shall limit volatile organic compound emissions from all volatile organic compound-containing materials, such as coatings, thinners, and other additives, used by each miscellaneous plastic parts and products, and pleasure craft surface coating line by complying with either subdivision (c), (d), or (e) of this subrule.

(b) A person subject to this rule shall not apply volatile organic compound-containing coatings to existing miscellaneous plastic parts and products, or pleasure craft surfaces subject to the provisions of this rule, unless the coating is applied with properly operating equipment according to an operating procedure specified by the equipment manufacturer, executive officer, or designee, and by the use of 1 of the following methods:

(i) Electrostatic attraction.

(ii) Flow coat.

(iii) Dip coat.

(iv) Roll coater.

(v) High-Volume, Low-Pressure (HVLP) Spray.

(vi) Airless spray.

(vii) Air-assisted airless spray.

(viii) A person subject to this rule may request, in writing to the department, and the department may approve, other coating application methods that demonstrate the capability of achieving a transfer efficiency equivalent to or better than that achieved by HVLP spraying.

(c) A miscellaneous plastic parts coating and pleasure craft coating operation must not cause or allow the emission of volatile organic compounds from the coating of metallic surfaces from any plastic parts or pleasure craft coating line in any of the 2015 ozone nonattainment areas in excess of the applicable content limits, expressed in terms of mass of volatile organic compound per volume of coating excluding water and exempt compounds, as applied, as specified in table 68 and table 68-a, or emission rates expressed in terms of mass of volatile organic compound per volume of solids as applied, as specified in table 68-b and table 68-c:

TABLE 68

Plastic Parts and Products Volatile Organic Compound Content Limits Coating Category lbs VOC/gal coating General 1 Component 2.3 General Multi Component 3.5 Electric Dissipating Coatings and Shock-Free Coatings 6.7 Extreme Performance 3.5 (2-pack coatings)

Metallic 3.5 Military Specification 2.8 (1-pack) 3.5 (2-pack)

Mold-Seal 6.3 Multi-colored Coatings 5.7 Optical Coatings 6.7 Vacuum-Metalizing 6.7 TABLE 68-a Pleasure Craft Surface Coating Volatile Organic Compound Content Limits Coating Category lbs VOC/gal coating Before January 1, 2026 lbs VOC/gal coating On or after January 1, 2026 Extreme High Gloss Topcoat 5.0 4.1 High Gloss Topcoat 3.5 3.5 Pretreatment Wash Primers 6.5 6.5 Finish Primer/Surfacer 5.0 3.5 High Build Primer Surfacer 2.8 2.8 Aluminum Substrate Antifoulant Coating 4.7 4.7 Other Substrate Antifoulant Coating 3.4 2.8 All other pleasure craft surface coatings for metal or plastic 3.5 3.5 TABLE 68-b Plastic Parts and Products Volatile Organic Compound Emission Rate Limits Coating Category lbs VOC/gal solids General 1 Component 3.35 General Multi Component 6.67 Electric Dissipating Coatings and Shock-Free Coatings 74.7 Extreme Performance 6.67 (2-pack coatings)

Metallic 6.67 Military Specification 4.52 (1-pack) 6.67 (2-pack)

Mold-Seal 43.7 Multi-colored Coatings 25.3 Optical Coatings 74.7 Vacuum-Metalizing 74.7 TABLE 68-c Volatile organic compound emissions limitations for existing pleasure craft surface coating lines.

Coating Category lbs VOC/gal solids Before January 01, 2026 lbs VOC/gal solids On or after January 01, 2026 Extreme high gloss topcoat 15.5 9.2 High gloss topcoat 6.7 6.7 Pretreatment wash primers 55.6 55.6 Finish primer/surfacer 15.5 6.7 High build primer surfacer 4.6 4.6 Aluminum substrate antifoulant coating 12.8 12.8 Other substrate antifoulant coating 6.3 4.4 All other pleasure craft surface coatings for metal or plastic 6.7 6.7 (d) A miscellaneous plastic parts coating and pleasure craft coating operation applicable to this rule can choose to use an equivalent volatile organic compound emission rate limit based on the use of a combination of low-volatile organic compound coatings specified in table 68 to table 68c, specified methods of application specified under subdivision (b) of this subrule, and add-on controls. The overall emission reduction efficiency needed to demonstrate compliance is determined each day as follows:

(i) Obtain the emission limitation from table 68 to table 68-c. If using the pound of volatile organic compound per gallon of coating, excluding water, as applied limit from table 68 or table 68-b, then calculate the emission limitation in a solids basis according to the following equation:

S = C / [1 – (C/7.36 lb/gal)]

Where:

S = The volatile organic compound emission limitation in terms of pound of volatile organic compound per gallon of coating solids.

C = The volatile organic compound emission limitation in terms of pound of volatile organic compound per gallon of coating, (excluding water) as applied.

(ii) Calculate the required overall emission reduction efficiency of the control system for the day according to the following equation:

E = [(VOC a – S)/VOC a ] x 100 Where:

E = The required overall emission reduction efficiency of the control system for the day.

VOCa = The maximum VOC content of the coatings, as applied, used each day on the subject coating line, in units of lb VOC/gal coating solids, as determined by the applicable test methods and procedures specified in subdivision (h) of this subrule.

S = The volatile organic compound emission limitation in terms of pound of volatile organic compound per gallon of coating solids.

(e) Should product performance requirements or other needs dictate the use of higher-volatile organic compound materials than those that would meet the recommended emission limits, a facility can choose to use add-on control equipment that must have an overall control efficiency of 90% or higher instead of using low-volatile organic compound coatings and specified application methods.

(f) For each coating line, compliance with the emission limits specified in this rule is based upon all of the following:

(i) The volume-weighted average of all coatings that belong to the same coating category, and are used during each calendar day averaging period. The department may specifically authorize compliance, under R 336.1602(2), to be based upon a longer averaging period, not to exceed more than 1 calendar month.

(ii) If coatings belonging to more than 1 coating category are used on the same coating line during the specified averaging period, then compliance must be determined separately for each coating category.

(iii) The information and records as required by subrule (6) of this rule.

(g) Compliance with the emission limits specified in subrule (4) of this rule, must be determined using the method described in either R 336.2040(12)(a) if the coating line does not have an addon emissions control device or R 336.2040(12)(b) if the coating line has 1 or more add-on emissions control devices.

(5) The following work practices are required for storage, mixing operations, and handling operations for coatings, thinners, cleaning, and coating-related waste materials. The person responsible for a miscellaneous plastic parts coating and pleasure craft coating operation shall develop written procedures for compliance with the following provisions:

(a) Store all volatile organic compound-containing coatings, thinners, coating-related waste, and cleaning materials in closed containers.

(c) Minimize spills of volatile organic compound-containing coatings, thinners, coating-related waste, and cleaning materials.

(d) Convey volatile organic compound-containing coatings, thinners, coating-related waste, and cleaning materials from 1 location to another in closed containers or pipes.

(e) Minimize volatile organic compound emissions from cleaning of application, storage, mixing, and conveying equipment by ensuring that equipment cleaning is performed without atomizing the cleaning solvent and all spent solvent is captured in closed containers.

(6) A person that is responsible for the operation of a coating line that is subject to this rule shall obtain current information and maintain daily records necessary for the determination of compliance with the provisions of this rule, as required in R 336.2041.

**History**
- *History: 2023 AACS.*

##### **Mich. Admin. Code R 336.1634** Emissions of volatile organic compounds from existing industrial solvent cleaning in 2015 ozone nonattainment areas {#sec-r-336.1634 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1634}

Rule 634. (1) As used in this rule, “composite partial vapor pressure” means the sum of the partial pressures of the VOC compounds in a solvent.

(2) A person shall not cause or allow the emission of any volatile organic compound from the use of solvent materials in excess of the limitations of this rule in solvent cleaning operations, which are described as follows:

(a) Released during the production, repair, maintenance, or servicing of parts, products, tools, machinery, equipment or in general work areas including storage or disposal of these solvent materials.

(b) Located in the 2015 ozone nonattainment area.

(3) With the exception of subrule (6) of this rule, the provisions of this rule do not apply to the following activities:

(a) Janitorial cleaning.

(b) Stripping of cured coatings, cured ink, or cured adhesives.

(c) Cleaning operations in printing pre-press or graphic areas including lithographic, letterpress, flexographic, screen printing, and rotogravure printing operations.

(d) Cleaning operations associated with digital printing.

(e) Cleaning operations for which limits or work practice standards are contained within R 336.1610, R 336.1610a, R 336.1620, R 336.1620a, R 336.1621, R 336.1621a, R 336.1624, R 336.1624a, R 336.1632, R 336.1633, R 336.1635, R 336.1636, R 336.1637, R 336.1638, and R 336.1639.

(f) Cleaning operations at a facility with emissions less than 3 tons per rolling 12-month period for all cleaning activity, before consideration of controls. If the combined actual emission rate equals or is more than 3 tons per year on a 12-month rolling basis before consideration of controls, as determined in a subsequent month, then this rule permanently applies to the cleaning operations at that facility.

(4) A person that generates volatile organic compound from the use of industrial cleaning solvent shall meet the following provisions:

(a) The volatile organic compound emissions from the process must meet 1 of the following:

(i) The solvent or solvent solutions must have a volatile organic compound composite partial vapor pressure of less than or equal to 8 mm of Hg at 20 degrees Celsius.

(ii) The process must have an emission rate of 0.42 pounds of volatile organic compounds per gallon as applied, except as described for the solvent cleaning operations listed in table 68-d.

TABLE 68-d Solvent Cleaning Operation Pounds of volatile organic compounds allowed to be emitted per gallon as applied (i.) Product cleaning during manufacturing process or surface preparation for coating, adhesive, or ink application:

1. Electrical apparatus components and electronic components 2. Medical devices and pharmaceuticals 0.83 6.7 (ii.) Repair and maintenance cleaning:

1. Electrical apparatus components and electronic components 2. Medical devices and pharmaceuticals:

(i.) Tools, equipment, and machinery (ii.) General work surfaces 0.83 6.7 5.0 (iii.) Cleaning of ink application equipment:

1. Publication gravure printing 2. Screen printing 3. Ultraviolet ink and electron beam ink application equipment, except screen printing 4. Specialty flexographic printing 0.83 4.2 5.4 0.83 (iv.) Exemptions from emissions limits in this subdivision:

1. Cleaning conducted as part of the following: performance laboratory tests on coatings, adhesives, or inks; research and development programs; and laboratory tests in quality assurance laboratories.

2. Medical device and pharmaceutical facilities using up to 1.5 gallons per day of solvents.

3. Cleaning with aerosol products if the source uses 1.25 gallons or less per day N/A (b) A person subject to this rule shall utilize all of the following cleaning devices and methods as applicable:

(i) Wipe cleaning.

(ii) Closed containers or hand-held spray bottles from which solvents are applied without a propellant-induced force.

(iii) Cleaning equipment that has a solvent container that can be, and is closed during cleaning operations, except when depositing and removing objects to be cleaned, and is closed during nonoperation with the exception of maintenance and repair to the cleaning equipment itself.

(iv) Remote reservoir cleaner if the operator of the cleaner complies with all of the following:

(A) Prevents solvent vapors from escaping from the solvent container by using such devices as a cover or valve when the remote reservoir is not being used, cleaned, or repaired.

(B) Directs solvent flow in a manner that prevents liquid solvent from splashing outside of the remote reservoir cleaner.

(D) Uses only solvent containers and auxiliary equipment free of all liquid leaks. visible tears, or cracks.

(v) Non-atomized solvent flow method where the cleaning solvent is collected in a container or a collection system that is closed except for solvent collection openings and, if necessary, openings to avoid excessive pressure build-up inside the container.

(vi) Solvent flushing method where the cleaning solvent is discharged into a container that is closed except for solvent collection openings and, if necessary, openings to avoid excessive pressure build-up inside the container. The discharged solvent from the equipment must be collected into containers without atomizing into the open air.

(c) Instead of complying with subdivisions (a) and (b) of this subrule for a solvent cleaning operation, a person that is subject to this rule may comply by installing and operating volatile organic compound emission control equipment for the solvent cleaning operation. The volatile organic compound emission control equipment must have an overall control efficiency of 85%.

(d) Instead of complying with subdivisions (a) and (b) of this subrule, a manufacturer of coatings, inks, resins, or adhesives may comply with subdivision (e) of this subrule or the following:

(i) Clean portable tables or stationary mixing vats, high dispersion mills, grinding mills, tote tanks, and roller mills by 1 or more of the following methods:

(A) Use a cleaning solvent that either contains less than 1.67 pounds per gallon of volatile organic compound or has a composite vapor pressure no more than 8 mm of Hg at 20 degrees Celsius.

(B) Comply with the following work practices:

(1) Equipment being cleaned must be maintained leak free.

(2) Volatile organic compound-containing cleaning materials must be drained from the cleaned equipment upon completion of cleaning.

(3) Volatile organic compound-containing cleaning materials, including waste solvent, must not be stored or disposed of in a manner that causes or allows evaporation into the atmosphere.

(4) Store all volatile organic compound-containing cleaning materials in closed containers.

(C) Collect and vent the emissions from equipment cleaning to a volatile organic compound emission control system that has an overall capture and control efficiency of not less than 85%, by weight, for the volatile organic compound emissions. If such a reduction is achieved by incineration, not less than 90% of the organic carbon must be oxidized to carbon dioxide.

(D) Use organic solvents other than those allowed in subdivision (f)(i) of this subrule provided no more than 60 gallons of fresh solvent must be used per month. Organic solvent that is reused or recycled, either on-site or off-site, for further use in equipment cleaning or the manufacture of coating, ink, or adhesive must not be included in this limit. Also, store all volatile organic compound-containing cleaning materials in closed containers.

(ii) When using solvent for wipe cleaning, a person shall cover open containers used for the storage or disposal of cloth or paper impregnated with organic compounds that have been used for cleanup, or coating, ink, or adhesive removal.

(e) Work practices must be used to minimize volatile organic compound emissions from the use, handling, storage, and disposal of cleaning solvents and shop towels. Work practices must include, at a minimum, but not limited to, the following:

(i) All volatile organic compound-containing solvents used in solvent cleaning operations must be stored in non-absorbent, non-leaking containers which must be kept closed at all times except when filling or emptying.

(ii) Cloth and paper moistened with volatile organic compound-containing solvents must be stored in closed, non-absorbent, non-leaking containers.

(iii) Air circulation around cleaning operations must be minimized.

(f) Except as allowed by this subrule, a person shall not atomize any solvent unless the emissions are vented to volatile organic compound emission control equipment that meets subdivision (c) of this subrule. The following activities are allowed to atomize solvent without use of a control:

(i) Cleaning of the nozzle tips of automated spray equipment systems, except for robotic systems.

(ii) Cleaning with spray bottles or containers described in subdivision (b)(ii) of this subrule.

(iii) Printing operations where the roller or blanket wash is applied automatically.

(5) Compliance with this rule must be determined as follows:

(a) For limits specified in subrule (4)(a) of this rule, compliance must be based upon all volatile organic containing compounds using manufacturers formulation data, United States Environmental Protection Agency method 24 analysis, safety data sheets, an alternate method, or combination of the methods stated within this subdivision, as approved by the department and in sufficient detail to demonstrate compliance with the limitations described in subrule (4) of this rule.

(b) If a person responsible for a solvent cleaning operation that is subject to this rule employs volatile organic compound emission control equipment to comply with this rule, pursuant to subrule (4)(c) of this rule:

(i) Compliance with required control efficiency limits must be determined by performing emission tests in accordance with a stack testing protocol approved by the department.

(ii) Additional testing of the volatile organic compound emission control equipment for a solvent cleaning operation in accordance with this rule may be required by the department to ensure continued compliance.

(c) As appropriate, the composite partial vapor pressure of solvents must be determined by using generally acceptable methods including, but not limited to, ASTM standards, commonly published materials and references, or standard chemical laws and calculations.

(6) A person operating a solvent cleaning operation shall obtain current information and maintain records for all requirements in sufficient detail to determine compliance and make the records available to the department upon request. The following methods must be used:

(a) The person operating a solvent cleaning operation that is subject to 1 or more of the volatile organic compound-content limitations or exemptions specified in subrule (4) of this rule shall collect and record the following information for each cleaning material subject to a volatile organic compound-content limitation as necessary to determine compliance with that limitation:

(i) The name and identification of each cleaning material and the associated solvent cleaning activity.

(ii) The volatile organic compound content, of each cleaning material, as determined in subrule (5) of this rule, in pounds per gallon of material, as employed or the volatile organic compound composite partial vapor pressures of the solvents or solvent solutions used in the industrial cleaning operations.

(iii) The volume, in gallons, of each solvent employed in the solvent cleaning operation.

(iv) The total volume, in gallons, of all the solvents employed in the solvent cleaning operation.

(b) If a person operating a solvent cleaning operation employs a control device to achieve and maintain compliance, that person shall create and submit an approvable preventative maintenance and monitoring plan to the department which includes details about all appropriate parameters to be monitored and recordkeeping sufficient to determine compliance.

(c) A person exempting their solvent cleaning operations as allowed by subrule (3) of this rule shall maintain all information necessary to demonstrate, in sufficient detail, the applicability of those exemptions and must provide that information to the department upon request.

**History**
- *History: 2023 AACS.*

##### **Mich. Admin. Code R 336.1635** Emission of volatile organic compounds from existing offset lithographic and letterpress printing lines in 2015 ozone nonattainment areas {#sec-r-336.1635 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1635}

Rule 635. (1) As used in this rule:

(a) “Batch” means a supply of fountain solution that is prepared and used without alteration until completely used or removed from the printing process. Batch applies to solutions prepared in discrete batches or solutions that are continuously blended with automatic mixing units. A fountain solution that is continuously blended with an automatic mixing unit is considered to be the same batch until the recipe or mix ratio is changed.

(b) “Cleaning solution” means liquid solvents or solutions used to remove ink and debris from the operating surfaces of the printing press and its parts including blanket washes, roller washes, plate cleaners, metering roller cleaners, impression cylinder cleaners, rubber rejuvenators, and other cleaners used for cleaning a press, press parts, or to remove dried ink from the areas around a press. Cleaning solution does not include cleaners used on electronic components of a press, prepress cleaning operations, post-press cleaning operations, cleaning supplies used to clean the floor of the area around a press, other than dried ink, or cleaning performed in parts washers or cold cleaners.

(c) “Letterpress printing line” means all operations of letterpress printing processes characterized by the image area being raised relative to the nonimage area and including, but not limited to, prepress and post-press operations that support the activity. Varnishes, glues, and other coatings that are applied by a letterpress printing process are part of the letterpress printing operations and are not considered as a separate process, for example, paper coating.

(d) “Non-heatset” means a lithographic printing process where the printing inks are set without the use of heat and dry by absorption or oxidation, or both. For the purposes of this rule, use of an infrared heater or printing conducted using ultraviolet-cured or electron beam-cured inks is considered non-heatset.

(e) “Offset lithographic printing line” means offset printing presses characterized by a planographic plate where the image and nonimage area are in the same geographical plane and the related processes necessary to directly support the operation of those offset lithographic printing processes including, but not limited to, pre-press and post-press operations. Varnishes, glues, and other coatings that are applied by an offset lithographic printing process are part of offset lithographic printing operations and are not considered as a separate process, for example, paper coating.

(f) “Printing process” means any equipment, operation, or system where printing ink or a combination of printing ink, surface coating, or adhesive is applied, dried, or cured. A printing process may include any equipment that applies, conveys, dries, or cures inks or surface coatings including, but not limited to, presses, digital output devices, fountain solutions, heaters, and dryers.

(2) A person shall not cause or allow the emission of any volatile organic compound from an offset lithographic and letterpress printing line located in the 2015 ozone nonattainment area, in excess of the applicable emission rates indicated in the following subrules, unless all of the applicable provisions of the following subrules are met.

(3) Except as provided in subrule (6) of this rule, the provisions of this rule do not apply to the following:

(a) All offset lithographic and letterpress printing operations, including cleaning activities, before consideration of controls, that have volatile organic compound emissions less than or equal to 3 tons per rolling 12-month period. If the actual rate of the emissions from an exempted cleaning operation exceeds 3 tons per 12-month rolling period for any subsequent 12-month rolling period, then the provisions of this rule permanently apply to the operations at that facility for as long the applicable equipment is in operation.

(b) One hundred and ten gallons of cleaning materials per rolling 12-month period used at the stationary source.

(d) The fountain solutions of any offset lithographic press with fountain solution reservoirs totaling less than 1 gallon.

(e) A person operating an offset lithographic and letter press printing line may exclude low-use inks or coatings that total 55 gallons or less per rolling 12-month period at a stationary source from the provisions of this rule, except for subrule (6) of this rule.

(f) The following operations are exempt from add-on control requirements described in subrule (4) of this rule:

(i) Any heatset web offset lithographic press or heatset web letterpress with potential volatile organic compound emissions less than 25 tpy before control from the dryer.

(ii) Any heatset web offset lithographic press or heatset web letterpress that is limited through a federally enforceable permit to actual volatile organic compound emissions from the dryer less than 25 tpy from the dryer.

(iii) Any heatset presses used for book printing or heatset presses with a web width of 22 inches or less.

(4) A person shall not cause or allow the emission of any volatile organic compound from an existing offset lithographic or letterpress printing line, unless the following provisions are met or unless an equivalent control method, as approved by the department under R 336.1602(2), is implemented:

(a) Except as described in subrule (3) of this rule, a control system is required for dryer operations of heatset web offset lithographic printing and heatset web letterpress printing operations. Each dryer must meet 1 of the following control requirements:

(i) 90% control efficiency for dryers installed before the effective date of this rule.

(ii) 95% control efficiency for dryers installed after the effective date of this rule.

(iii) Maintain a maximum outlet concentration of volatile organic compounds of 20 ppmv as hexane on a dry basis.

(b) The fountain solution used in a heatset web offset lithographic printing line has a volatile organic compound content that meets 1 of the following requirements:

(i) The fountain solution, as applied, must be at or below 1.6% alcohol by weight.

(ii) If refrigerated to below 60 degrees Fahrenheit, the fountain solution, as applied, must be at or below 3% alcohol by weight.

(iii) The fountain solution, as applied, must contain 5% or less of alcohol substitute and no alcohol.

(c) The fountain solution used in a sheet-fed offset lithographic printing line must have a volatile organic compound content that meets 1 of the following requirements:

(i) The fountain solution, as applied, must be at or below 5% alcohol by weight.

(ii) If refrigerated to below 60 degrees Fahrenheit, the fountain solution, as applied, must be at or below 8.5% alcohol by weight.

(d) Nonheatset web offset lithographic printing press must be less than 5% alcohol substitute by weight on press and no alcohol in the fountain solution.

(e) The cleaning solutions used with printing lines subject to this rule must meet 1 of the following requirements:

(i) The cleaning solutions must have a volatile composite vapor pressure of less than 10 mm Hg at 20 degrees Celsius or be less than 70% volatile organic compound by weight.

(ii) All cleaning materials and used shop towels must be kept in closed containers.

(5) Compliance with the emission limits specified in this rule must be based upon all of the following provisions, as applicable:

(a) Compliance with required control efficiency limits must be determined by performing emission tests in accordance with a stack testing protocol approved by the department.

(b) Compliance with the emission limits specified in subrule (4) of this rule must be based upon all volatile organic containing compounds used during each calendar month by using manufacturers’ formulation data, United States Environmental Protection Agency method 24 analysis, safety data sheets, an alternate method, or combination of the methods stated within this subdivision, as approvable by the department and in sufficient detail to demonstrate compliance with the limitations described in subrule (4) of this rule.

(c) If more than 1 control option or emission limit listed in subrule (4) of this rule is used on a printing line, then compliance must be determined separately for each option used and be based upon all materials used for each option during each period.

(6) For the purpose of this rule, recordkeeping for all requirements and applicability demonstrations must be maintained in sufficient detail to demonstrate compliance with all applicable standards of the rule. Records must include, but are not limited to, the following:

(a) The volume and volatile organic compound content of each alcohol and alcohol substitute added to make the batch of fountain solution, based upon the approvable method described in subrule (5)(b) of this rule.

(b) The calculated volatile organic compound content of the final, mixed batch of solution, as applied.

(c) All cleaning solutions employed in all the offset lithographic and letterpress printing operations and quantities and volatile organic compound contents as necessary to demonstrate compliance with subrule (4) of this rule.

(d) Monthly volatile organic compound emissions and materials usage as needed to demonstrate the emissions are below thresholds described in subrule (3) of this rule.

(e) Approvable retention factors must be utilized for volatile organic compound content in absorptive printed substrates and shop towels used in cleaning and used in emission calculations and control efficiencies. For the purposes of determining VOC emissions from these operations, the following retention factors may be used if not otherwise established by the department:

(i) Twenty percent VOC retention for heatset inks printed on absorptive substrates.

(ii) Ninety-five percent VOC retention for sheet fed and non heatset web inks printed on absorptive substrates.

(iii) Fifty percent VOC retention for cleaning solution in shop towels for cleaning solutions with a VOC composite vapor pressure of no more than 10 mmHg at 20 degrees Celsius (68 degrees Fahrenheit) if the contaminated shop towels are kept in closed containers.

(7) Any offset lithographic or letter printing press line that utilizes control requirements to meet standards in subrule (4) of this rule must have an approvable operation and preventative maintenance plan. The plan must include, at a minimum, the following, as applicable:

(a) A continuous temperature monitoring and recording system.

(b) A maintenance schedule for all control equipment with spare part list.

**History**
- *History: 2023 AACS.*

##### **Mich. Admin. Code R 336.1636** Emission of volatile organic compounds from existing miscellaneous industrial adhesives operations in 2015 ozone nonattainment areas {#sec-r-336.1636 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1636}

Rule 636. (1) As used in this rule:

(a) “Electrodeposition” means a water-borne dip coating process in which opposite electrical charges are applied to the substrate and the coating. The coating is attracted to the substrate due to the electrochemical potential difference that is created.

(b) “Flow coating” means a non-atomized technique of applying coating to a substrate with a fluid nozzle with no air supplied to the nozzle.

(2) A person shall not cause or allow the emission of any volatile organic compound from the use of adhesives in excess of the limitations of this rule in miscellaneous industrial adhesive operations from any existing source located within the 2015 ozone nonattainment area, in excess of the applicable emission rates provided in subrule (4) of this rule.

(3) The provisions of this rule do not apply to the following:

(a) Except as provided in subrule (7) of this rule, any miscellaneous industrial adhesive operations at a stationary source that has a total combined actual emission rate of volatile organic compounds equal to or less than 3 tons per 12-month rolling period, before consideration of control equipment. If the combined actual emission rate equals or is more than 3 tons per year on a 12month rolling basis before consideration of controls, as determined in a subsequent month, then this rule permanently applies to the applicable operations at that facility.

(b) The portion of an adhesive process that is addressed in R 336.1610, R 336.1610a, R 336.1620, R 336.1620a, R 336.1624, R 336.1624a, R 336.1635, or R 336.1637.

(i) Adhesive or adhesive primers being tested or evaluated in any research and development operation or quality assurance or analytical laboratory.

(ii) Adhesives or adhesive primers used in the assembly, repair, or manufacture of aerospace or undersea-based weapon systems.

(iii) Adhesives or adhesives primers used in medical equipment manufacturing operations.

(iv) Aerosol adhesive and aerosol adhesive primer application operations.

(v) Operations using adhesives and adhesive primers that are supplied to the manufacturer in containers with a net volume of 16 ounces, or a net weight of 1 pound or less.

(vi) Cyanoacrylate adhesive application operations.

(vii) Operations using polyester bonding putties to assemble fiberglass parts at fiberglass boat manufacturing facilities and at other reinforced plastic composite manufacturing facilities.

(viii) Digital printing operations.

(4) A person shall not cause or allow the emission of volatile organic compounds from miscellaneous industrial adhesive application operations, unless the following provisions are met:

(a) A person with a source subject to the requirements of this rule shall comply with the limitations in subdivision (b) or (c) of this subrule unless a demonstration is made to the satisfaction of the department under R 336.1602(2).

(b) A person with adhesive application operations listed in table 69 shall comply with the following volatile organic compound emission limitations, minus water and exempt compounds, as applied, using 1 or more of the application methods listed within this subdivision. If an adhesive is used to bond dissimilar substrates together, the substrate category with the highest volatile organic compound emission limitation applies:

(i) Electrostatic spray.

(ii) High volume low pressure (HVLP) spray.

(iii) Flow coating.

(iv) Roll coating or hand application, including non-spray application methods similar to hand or mechanically powered caulking gun, brush, or direct hand application.

(v) Dip coating, including electrodeposition.

(vi) Airless spray.

(vii) Air-assisted airless spray.

(viii) An equivalent adhesive application method approved in writing by the department.

TABLE 69

Volatile organic compound emission limitations for existing general and specialty adhesive application operations.

Substrate Category Pounds of volatile organic compounds allowed to be emitted per gallon of coating (minus water) as applied.

General Adhesive Application Operations Reinforced plastic composite 1.7 Flexible vinyl 2.1 Metal 0.3 Porous material (except wood) 1.0 Rubber 2.1 Wood 0.3 Other substrates 2.1 Specialty Adhesive Application Operations Ceramic tile installation 1.1 Contact adhesive 2.1 Cover base installation 1.3 Floor covering installation (indoor) 1.3 Floor covering installation (outdoor) 2.1 Floor covering installation (perimeter bonded sheet vinyl) 5.5 Metal to urethane/rubber molding or casting 7.1 Motor vehicle adhesive 2.1 Motor vehicle weatherstrip adhesive 6.3 Multipurpose construction 1.7 Plastic solvent welding (ABS) 3.3 Plastic solvent welding (except ABS) 4.2 Sheet rubber lining installation 7.1 Single-ply roof membrane installation/repair (except EPDM) 2.1 Structural glazing 0.8 Thin metal laminating 6.5 Tire repair 0.8 Waterproof resorcinol glue 1.4 Adhesive primer application operations Motor vehicle glass bonding primer 7.5 Plastic solvent welding adhesive primer 5.4 Single-ply roof membrane adhesive primer 2.1 Other adhesive primer 2.1 (c) As an alternative to meeting subdivisions (a) and (b) of this subrule, a person with a source subject to this rule shall employ a capture system and control device that provides not less than 85% reduction in the overall emissions of volatile organic compound from the application operation. The adhesive operation would not have to limit the volatile organic compound content of the adhesive materials and would not need to use any particular adhesive application method.

(5) A person subject to this rule shall develop written procedures for compliance with the following work practices for each miscellaneous adhesive application operation at the source:

(a) Store all volatile organic matter-containing adhesives, adhesive primers, process-related waste materials, cleaning materials, and used shop towels in closed containers.

(b) Ensure that mixing and storage containers used for volatile organic compound-containing adhesives, adhesive primers, process-related waste materials, and cleaning materials are kept closed at all times except when depositing or removing these materials.

(c) Minimize spills of volatile organic compound-containing adhesives, adhesive primers, process-related waste materials, and cleaning materials.

(d) Convey volatile organic compound-containing adhesives, adhesive primers, process-related waste materials, and cleaning materials from 1 location to another in closed containers or pipes.

(e) Minimize volatile organic compound emissions from the cleaning of application, storage, mixing, and conveying equipment by ensuring that equipment cleaning is performed without atomizing the cleaning solvent and all spent solvent is captured in closed containers.

(6) Compliance with this rule is determined as follows:

(a) For the emission limits specified in this rule, use the following methods:

(i) For the emission limits specified in subrules (4)(b) of this rule, the method described in either R 336.2040(12)(a) if the adhesive line does not have an add-on emissions control device or R 336.2040(12)(b) if the adhesive line has 1 or more add-on emissions control devices.

(ii) For the overall control efficiency specified in subrule (4)(c) of this rule, the method described in R 336.2040(11).

(b) For each adhesive line, all of the following:

(i) The volume-weighted average of all adhesives that belong to the same adhesive category and are used during each calendar day averaging period. The department may specifically authorize compliance, under R 336.1602(2), to be based upon a longer averaging period, not to exceed more than 1 calendar month.

(ii) If adhesives that belong to more than 1 adhesive category are used on the same adhesive line during the specified averaging period, then compliance must be determined separately for each coating category.

(iii) The information and records required by subrule (7) of this rule.

(c) The manufacturer’s specifications for volatile organic compound content for adhesives may be used if the specifications are based on results of tests of the volatile organic compound content conducted in accordance with methods specified in subdivisions (a) or (b) of this subrule, as applicable.

(d) For reactive adhesives, an acceptable compliance procedure is described in “Determination of Weight Volatile Matter Content and Weight Solids Content of Reactive Adhesives,” 40 CFR, part 63, subpart PPPP, appendix A, adopted by reference in R 336.1902.

(7) A person that is responsible for the operation of a miscellaneous industrial adhesive application operation that is subject to this rule shall obtain current information and keep records necessary for the determination of compliance with this rule, as required in R 336.2041.

**History**
- *History: 2023 AACS.*

##### **Mich. Admin. Code R 336.1637** Emissions of volatile organic compounds from existing fiberglass boat manufacturing in 2015 ozone nonattainment areas {#sec-r-336.1637 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1637}

Rule 637. (1) As used in this rule, “fiberglass boat manufacturing” means the manufacturing of hulls or decks of boats from fiberglass or build molds to make fiberglass boat hulls or decks.

(2) A person shall not cause or allow the emission of any volatile organic compound from an existing fiberglass boat manufacturing facility located in the 2015 ozone nonattainment areas unless all of the provisions of the following subrules are met.

(3) The provisions of this rule do not apply to the following:

(a) Except as provided in subrule (6) of this rule, any fiberglass boat manufacturing operations that have an actual emission rate of volatile organic compounds less than 2.7 tons per 12-month rolling period, before consideration of control equipment. If the combined actual emission rate equals or is more than 2.7 tons per year on a 12-month rolling basis before consideration of controls, as determined in a subsequent month, then this rule permanently applies to the fiberglass boat manufacturing operations at that facility.

(b) Miscellaneous industrial adhesives used in the assembly of fiberglass boats. Polyester resin putties used to assemble fiberglass parts are not considered industrial adhesives for the purposes of this exclusion and apply to this part.

(d) Surface coating for fiberglass and metal recreational boats, for example, pleasure craft, addressed under R 336.1633.

(e) Facilities that manufacture solely parts of boats or boat trailers, but do not manufacture hulls or decks of boats from fiberglass or build molds to make fiberglass boat hulls or decks.

(f) Closed molding operations.

(g) Except as provided in subrule (6) of this rule, all of the following:

(i) Production resins that must meet specifications for use in military vessels or must be approved by the United States Coast Guard for use in the construction of lifeboats, rescue boats, and other life-saving appliances approved under 46 CFR subchapter Q, or the construction of small passenger vessels regulated by 46 CFR subchapter T.

(ii) Production and tooling resins, and pigmented, clear, and tooling gel coat used for part or mold repair and touch up. The total resin and gel coat materials that meet these criteria must not exceed 1% by weight of all resin and gel coat used at a facility on a 12-month rolling average basis.

(iii) Pure, 100% vinylester resin used for skin coats.

(4) A person shall not cause or allow the emission of any volatile organic compound from fiberglass boat manufacturing operations, unless the following provisions are met:

(a) A person with a source subject to the requirements of this rule shall comply with the limitations in subdivisions (b), (c), or (d) of this subrule. For sources complying pursuant to subdivision (b) or (c) of this subrule, if the non-monomer volatile organic compound content of a resin or gel coat exceeds 5%, by weight, the excess non-monomer volatile organic compound must be added to the monomer volatile organic compound of the resin or gel coat. The excess nonmonomer volatile organic compound must be calculated in accordance with the following equation:

Excess Non-Monomer VOC = Non-monomer VOC Content – 5%, by weight (b) A person shall not cause or allow the emission of volatile organic compounds from resin or gel coat from any existing source applicable to this rule in any of the 2015 ozone nonattainment areas as defined in R 336.1601, in excess of the applicable monomer requirements in table 69-a of this subrule.

TABLE 69-a Alternative volatile organic compound content requirements for molding resin and gel coat operations.

Operation Application Method Weighted-Average Monomer VOC Content (weight percent)

Production resin Atomized 28.0 Production resin Nonatomized 35.0 Pigment gel coat Any method 33.0 Clear gel coat Any method 48.0 Tooling resin Atomized 30.0 Tooling resin Nonatomized 39.0 Tooling gel coat Any method 40.0 (c) A person subject to the requirements of this rule may elect to include some or all of the subject resin and gel coat operations at the source in the emissions averaging alternative. All subject resin and gel coat operations that do not utilize the emissions averaging alternative must comply with the requirements in subdivision (b) or (d) of this subrule, as well as with all other applicable requirements in this rule. Resin and gel coat operations utilizing the emissions averaging alternative must comply with a source-specific monomer volatile organic compound mass emission limit on a 12-month rolling average basis, calculated at the end of each calendar month using the following equations:

(i) A person subject to subdivision (c) of this subrule shall use equation 6-1 to determine the source-specific monomer volatile organic compound mass emission limit for resin and gel coats included in the emissions average:

Equation 6-1:

Monomer VOC Limit = 46(M R )+159(M PG )+291(M CG )+54(M TR )+214(M TG )

Where:

Monomer = Total allowable monomer volatile organic compound that can VOC be emitted from the open molding operations included in the limit average, expressed in kilograms per 12month period.

M R = Mass of production resin used in the past 12 months, excluding any materials that are exempt, expressed in megagrams (Mg).

M PG = Mass of pigmented gel coat used in the past 12 months, excluding any materials that are exempt, expressed in Mg.

M CG = Mass of clear gel coat used in the past 12 months, excluding any materials that are exempt, expressed in Mg.

M TR = Mass of tooling resin used in the past 12 months, excluding any materials that are exempt, expressed in Mg.

M TG = Mass of tooling gel coat used in the past 12 months, excluding any materials that are exempt, expressed in Mg.

The numerical coefficients associated with each term on the righthand side of equation 6-1 are the allowable monomer volatile organic compound emission rates for that particular material in units of kg VOC/Mg of material used.

(ii) At the end of the first 12-month averaging period, and at the end of each subsequent month, the person with a source subject to this subdivision (c) shall use equation 6-2 to calculate the monomer volatile organic compound emissions from the resin and gel coat operations included in the emissions average. The monomer volatile organic compound emissions calculated using equation 6-2 must not exceed the monomer volatile organic compound limit calculated using equation 6-1.

EQUATION 6-2:

Monomer VOC Emissions = ( PV R )(M R ) + (PV PG )(M PG ) + (PV CG )(M CG ) + (PV TR )(M TR ) + (PV TG )(M TG )

Where:

Monomer VOC Emissions= Monomer volatile organic compound emissions calculated using the monomer volatile organic compound emission equations for each operation included in the average, expressed in kilograms.

PV R = Weighted-average monomer volatile organic compound emission rate for production resin used in the past 12 months, expressed in kg/Mg, calculated in accordance with equation 6-3 in subdivision (c)(iii) of this subrule.

M R = Mass of production resin used in the past 12 months, expressed in Mg.

PV PG = Weighted-average monomer volatile organic compound emission rate for pigmented gel coat used in the past 12 months, expressed in kg/Mg, calculated pursuant to equation 6-3.

M PG =

Mass of pigmented gel coat used in the past 12 months, expressed in Mg.

PV CG = Weighted-average monomer volatile organic compound emission rate for clear gel coat used in the past 12 months, expressed in kg/Mg, calculated pursuant to equation 6-3.

M CG = Mass of clear gel coat used in the past 12 months, expressed in Mg.

PV TR = Weighted-average monomer volatile organic compound emission rate for tooling resin used in the past 12 months, expressed in kg/Mg, calculated pursuant to equation 6-3.

M TR = Mass of tooling resin used in the past 12 months, expressed in Mg.

PV TG = Weighted-average monomer volatile organic compound emission rate for tooling gel coat used in the past 12 months, expressed in kg/Mg, calculated pursuant to equation 6-3.

M TG = Mass of tooling gel coat used in the past 12 months, expressed in Mg.

(iii) For purposes of equation 6-2, the person with a source subject to this subdivision shall use equation 6-3 to calculate the weighted-average monomer volatile organic compound emission rate for the previous 12 months for each resin and gel coat operation included in the emissions average, except as provided in subdivision (f) of this subrule.

EQUATION 6-3:

PV OP = ∑ 푀푀 푖푖 푃푃푉푉 푖푖 푛푛 푖푖=1 ∑ 푀푀 푖푖 푛푛 푖푖=1

Where:

PV OP = Weighted-average monomer volatile organic compound emission rate for each open molding operation (PVR, PVPG, PVCG, PVTR, and PVTG) included in the average, expressed in kg of monomer volatile organic compound per Mg of material applied.

M i = Mass of resin or gel coat (i) used within an operation in the past 12 months, expressed in Mg. n = Number of different open molding resins and gel coats used within an operation in the past 12 months.

PV i = The monomer volatile organic compound emission rate for resin or gel coat (i) used within an operation in the past 12 months, expressed in kg of monomer volatile organic compound per Mg of material applied. The monomer volatile organic compound emission rate formulas in paragraph (iv) of this subdivision must be used to compute PVi. If a source includes filled resins in the emissions average, the source must use the value of PVF, calculated using equation 6-4 in subdivision (f)(iii) of this subrule as the value of Pvi for those resins. i = Subscript denoting a specific open molding resin or gel coat applied.

(iv) For purposes of equation 6-3 and subdivision (f)(iii) of this subrule, the following monomer volatile organic compound emission rate formulas applies. The formulas calculate monomer volatile organic compound emission rates in terms of kg of monomer volatile organic compound per Mg of resin or gel coat applied. "VOC%" means the monomer volatile organic compound content as supplied, expressed as a weight percent value between 0 and 100%.

TABLE 69-b Monomer volatile organic compound emission rate formulas for molding operations.

Operation Application Method Formula to calculate the monomer VOC emission rate.

Production resin, tooling resin Atomized 0.014 x (Resin VOC%) 2.425 Production resin, tooling resin Atomized, plus vacuum bagging with roll-out 0.01185 x (Resin VOC%) 2.425 Production resin, tooling resin Atomized, plus vacuum bagging without roll-out 0.00945 x (Resin VOC%) 2.425 Production resin, tooling resin Nonatomized 0.014 x (Resin VOC%) 2.275 Production resin, tooling resin Nonatomized, plus vacuum bagging with roll-out 0.0110 x (Resin VOC%) 2.275 Production resin, tooling resin Nonatomized, plus vacuum bagging without roll-out 0.0076 x (Resin VOC%) 2.275 Pigmented gel coat, clear gel coat, tooling gel coat All methods 0.445 x (Gel coat VOC%) 1.675 (d) A person subject to the requirements of this rule may elect to employ an add-on control device with a minimum overall control efficiency that meets the monomer volatile organic compound emission limitations specified in table 69-a of this rule. All subject resin and gel coat operations that do not utilize the add-on control alternative must comply with the requirements in subdivision (b) or (c) of this subrule, as well as with all other applicable requirements in this rule.

(e) A person subject to subdivision (d) of this subrule shall meet the volatile organic compound emission limit determined using equation 6-1 in subdivision (c)(i) of this subrule. In equation 6-1, however, instead of using the mass of each material used over the past 12 months to determine the emission limitation, the person shall use the mass of each material used during the applicable control device performance test. If the measured emissions at the outlet of the control device are less than the emission limit, then the facility is considered to have achieved compliance with the emission limit.

(f) For all filled production and tooling resins, the person subject to this subrule shall adjust the monomer volatile organic compound emission rates determined pursuant to subdivisions (b) and (c) of this subrule using equation 6-4 in paragraph (iii) of this subdivision. If complying pursuant to subdivision (c) of this subrule, the value of PV F , calculated using equation 6-4, must be used as the value of PV i in equation 6-3, as set forth in subdivision (c)(iii) of this subrule. If the nonmonomer volatile organic compound content of a filled resin exceeds 5%, by weight, based on the unfilled resin, the excess non-monomer VOC must be added to the monomer volatile organic compound content in accordance with the equation set forth in subdivision (a) of this subrule. If complying pursuant to subdivision (b) of this subrule, the emission rate determined by equation 6- 4 must not exceed any of the following limitations:

(i) Tooling Resin: 119.1 lbs monomer VOC/Mg filled resin applied.

(ii) Production Resin: 101.4 lbs monomer VOC/Mg filled resin applied.

(iii) Equation 6-4.

PVF = (PVU)(100 - percent filler) / 100 Where:

PVF = The as-applied monomer volatile organic compound emission rate for a filled production resin or tooling resin, pounds of monomer volatile organic compound per ton of filled material.

PVU = The monomer volatile organic compound emission rate for the neat (unfilled) resin, before filler is added, as calculated using the formulas in table 69-b of this rule.

Percent filler = The weight-percent of filler in the as-applied filled resin system.

(5) A person subject to this rule, shall develop written procedures for compliance with the following work practices for each fiberglass boating manufacturing operation at the source:

(a) All resin or gel coat mixing containers with a capacity equal or greater than 55 gallons, including those used for on-site mixing of putties and polyputties, must have a cover with no visible gaps in place at all times. This subdivision does not apply when material is being manually added to or removed from a container, or when mixing or pumping equipment is being placed in or removed from a container.

(b) No person subject to this rule shall use volatile organic compound-containing cleaning solutions to remove cured resins and gel coats from fiberglass boat manufacturing application equipment. Additionally, a person shall not use volatile organic compound-containing solutions for routine cleaning of application equipment unless 1 of the following applies:

(i) The volatile organic compound content of the cleaning solution is less than or equal to 5%, by weight.

(ii) The composite vapor pressure of the cleaning solution is less than or equal to 0.50 mmHg at 68 degrees Fahrenheit.

(6) A person that is responsible for the operation of a fiberglass boat manufacturing facility that is subject to this rule shall obtain current information, and keep records necessary, for a determination of compliance with this rule, including, but not limited to, all of the following:

(a) The total amounts, in pounds, of atomized molding production operations listed in table 69a and table 69-b used per month and the weighted-average volatile organic compound contents for each operation, expressed as weight percent.

(b) All calculations performed pursuant to this rule.

(d) For each cleaning material employed for routine application equipment cleaning, either the volatile organic compound content, by weight percent or the composite vapor pressure, in mmHg, whichever is the applicable requirement selected to comply with the cleaning solvent requirements of subrule (5)(b) of this rule.

**History**
- *History: 2023 AACS.*

##### **Mich. Admin. Code R 336.1638** Emissions of volatile organic compounds from existing wood furniture manufacturing in 2015 ozone nonattainment areas {#sec-r-336.1638 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1638}

Rule 638. (1) As used in this rule:

(a) "Wood furniture" means any product made of wood, a wood product such as rattan or wicker, or an engineered wood product, such as particleboard.

(b) "Wood furniture component" means any part that is used in the manufacture of wood furniture, including, but not limited to, drawer sides, cabinet doors, seat cushions, and laminated tops. Wood furniture component does not include foam seat cushions manufactured and fabricated at a facility that does not engage in other wood furniture or wood furniture component manufacturing operations.

(c) "Wood furniture manufacturing operations" means the finishing, gluing, cleaning, and washoff operations associated with the production of wood furniture or wood furniture components.

(2) A person shall not cause or allow the emission of any volatile organic compound from an existing wood furniture manufacturing facility located in the 2015 ozone nonattainment areas unless all of the provisions of the following subrules are met.

(3) Except as provided in subrule (6) of this rule, the provisions of this rule do not apply to any wood furniture manufacturing operations that have a potential to emit for volatile organic compounds from all wood furniture finishing operations at the facility, including any related cleaning activities, of less than 25 tons per year. If the potential to emit equals or is more than 25 tons per year on a 12-month rolling basis before consideration of controls, as determined in a subsequent month, then this rule permanently applies to the wood furniture finishing operations at that facility.

(4) A person shall not cause or allow the emission of any volatile organic compound from wood furniture manufacturing operations, unless the following provisions are met:

(a) A person with a source subject to the requirements of this rule shall comply with the limitations in subdivision (b), (c), (d), or (e) of this subrule.

(b) A person shall not cause or allow the emission of volatile organic compounds from any existing source applicable to this rule in any of the 2015 ozone nonattainment areas, in excess of the applicable requirements in table 69-c of this subrule.

TABLE 69-c Volatile organic compound emission limitations for existing wood furniture manufacturing coating operations.

Coating Category lb of VOC per lb of solids, as applied Topcoat only 0.8 Topcoat (in combination with sealer) 1.8 Sealer (in combination with topcoat) 1.9 Acid-cured alkyd amino vinyl sealer 2.3 Acid-cured alkyd amino conversion varnish topcoat 2.0 Strippable spray booth coatings 0.8 (c) Using finishing materials where actual emissions are less than or equal to allowable emissions using 1 of the following averaging equations:

Equation 6-5: 0.9 (Σ i=1→N (0.8)(TC i )) ≥ Σ i=1→N ER TCi (TC i )

Equation 6-6: 0.9 (Σ i=1→N (1.8)(TC i ) + (1.9)(SE i ) + (9.0)(WC i ) + (1.2)(Bc i ) + (0.791) (ST i )) ≥ Σ i=1→N ER TCi (TC i ) + ER SEi (SE i ) + ER WCi (WC i ) + ER BCi (BC i ) + ER STi (ST i )

Where:

N = number of finishing materials participating in averaging.

TC i = kilograms of solids of topcoat “i” used.

SE i = kilograms of solids of sealer “i” used.

WC i = kilograms of solids of washcoat “i” used.

BC i = kilograms of solids of basecoat “i” used.

ST i = liters of stain “i” used.

ER TCi = VOC content of topcoat “i” in kg VOC/kg solids, as-applied.

ER SEi = VOC content of sealer “i” in kg VOC/kg solids, as-applied.

ER WCi = VOC content of washcoat “i” in kg VOC/kg solids, as-applied.

ER BCi = VOC content of basecoat “i” in kg VOC/kg solids, as-applied.

ER STi = VOC content of stain “i” in kg VOC/liter (kg/l), as-applied.

(d) Using a control system that achieves an equivalent reduction in emissions as the requirements of table 69-c, according to the following provisions:

(i) Determine the overall control efficiency needed to demonstrate compliance using the following equation:

O = ((V - E)/V)(100)

Where:

O = overall control efficiency of the capture system and control device as percentage.

V = actual volatile organic compound content of the finishing system material as-applied to the substrate in pounds of volatile organic compound per pound of solids (lbs VOC/lb solids), or, if multiple finishing materials are used, the daily weighted average.

E = equivalent volatile organic compound emission limits in lbs VOC/lb solids.

(ii) Document that the value of “V” in the equation under paragraph (i) of this subdivision is obtained from the volatile organic compounds and solids content of the as-applied finishing material.

(iii) Calculate the overall efficiency of the capture system and control device, using the procedures in R 336.2040.

(e) Using a combination of the methods presented in subdivisions (b), (c), and (d) of this subrule.

(5) A person subject to this rule, shall develop written procedures for compliance with the following work practices for each wood furniture manufacturing operation at the source:

(a) Use cleaning materials containing no more than 8.0% by weight volatile organic compound for cleaning spray booth components other than conveyors, continuous coaters and their enclosures, or metal or plastic filters.

(b) Store volatile organic compound-containing cleaning materials in closed containers.

(c) Collect all volatile organic compound-containing cleaning material used to clean spray guns and spray gun lines in a container and keep the container covered except when adding or removing material.

(d) Control emissions of volatile organic compound-containing cleaning material from washoff operations by doing both of the following:

(i) Equipping the tank used for washoff operations with a cover and keeping the cover closed when the tank is not being used.

(ii) Minimizing dripping by tilting or rotating the part to drain as much cleaning material as possible into the tank.

(e) Use strippable spray booth materials containing no more than 0.8 pound of volatile organic compound per pound of solids, as applied.

(f) Use of conventional air spray to apply finishing materials only under any of the following conditions:

(i) When applying finishing materials that have an as applied volatile organic compound content no greater than 1.0 pound per pound of solids.

(ii) When applying final touch-up and repair finishing materials.

(iii) When using a control device to meet the applicable requirements of this rule.

(a) All calculations performed pursuant to this rule.

(b) Monthly volatile organic compound emissions and materials usage as needed to meet thresholds described in subrule (3) of this rule.

(c) For each cleaning material employed for routine application equipment cleaning, either the volatile organic compound content, by weight percent or the composite vapor pressure, in mmHg, whichever is the applicable requirement selected to comply with the cleaning solvent requirements of subrule (5)(a) of this rule.

**History**
- *History: 2023 AACS.*

##### **Mich. Admin. Code R 336.1639** Emission of volatile organic compounds from existing aerospace manufacturing and rework operations in 2015 ozone nonattainment areas {#sec-r-336.1639 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1639}

Rule 639. (1) As used in this rule:

(a) “Aerospace vehicle or component” means any fabricated part, processed part, assembly of parts, or completed unit, with the exception of electronic components, of any aircraft including but not limited to airplanes, helicopters, missiles, rockets, and space vehicles.

(b) “Aqueous cleaning solvents” means a solvent in which water is not less than 80% of the solvent as applied.

(2) A person shall not cause or allow the emission of any volatile organic compounds from any existing aerospace manufacturing or reworking sources located within the 2015 ozone nonattainment areas, in excess of the applicable emission rates provided in subrule (4) of this rule.

(3) With the exception of subrule (6) of this rule, any of the following aerospace manufacturing or reworking operations at a stationary source where aerospace components and vehicles are cleaned or coated is exempt from the limits established in this rule:

(a) Facilities with total potential to emit volatile organic compound of less than 25 tons per year for all operations combined.

(b) Facilities that use separate formulations in volumes of less than 50 gallons per year up to a maximum of 200 gallons total for formulations applied annually.

(d) Quality control operations.

(e) Laboratory testing facilities.

(f) Electronic parts and assembly processes, except for cleaning and coating of completed assemblies.

(g) Rework operations performed on space vehicles or antique aerospace vehicles and components.

(h) Touchup, aerosol, and United States Department of Defense classified coating applications.

(4) A person shall not cause or allow the emission of volatile organic compounds from aerospace manufacture and rework operations, unless the following provisions are met:

(a) Except as allowed by subdivision (b) of this subrule, a person that applies specialty coatings to aerospace vehicles or components, including any volatile organic compound-containing materials added to the original coating supplied by the manufacturer, shall comply with the following volatile organic compound emission limitations, minus water and exempt compounds, as applied using1 or more of the coating types listed within table 69-d.

TABLE 69-d Volatile organic compound content limits for aerospace manufacturing and rework (lbs of VOC/gallon coating)

Coating Type Limit Coating Type Limit Ablative coating 5.0 Flight-test coatings:

Adhesion promoter 7.4 Missile or single use aircraft 3.5 Adhesive bonding primers: All other 7.0 Cured at 250 degrees Fahrenheit or below 7.1 Fuel-tank coating 6.0 Cured above 250 degrees Fahrenheit 8.6 High-temperature coating 7.1 Adhesives: Insulation covering 6.2 Commercial interior adhesive 6.3 Intermediate release coating 6.3 Cyanoacrylate adhesive 8.5 Lacquer 6.9 Fuel tank adhesive 5.2 Maskants:

Nonstructural adhesive 3 Bonding maskant 10.3 Rocket motor bonding adhesive 7.4 Critical use and line sealer maskant 8.5 Rubber-based adhesive 7.1 Seal coat maskant 10.3 Structural autoclavable adhesive 0.5 Metallized epoxy coating 6.2 Structural nonautoclavable adhesive 7.1 Mold release 6.5 Antichafe coating 5.5 Optical anti-reflective coating 6.3 Bearing coating 5.2 Part marking coating 7.1 Caulking and smoothing compounds 7.1 Pretreatment coating 6.5 Chemical agent-resistant coating 4.6 Primer 2.9 Chemical milling maskant, type I 5.2 Primer for general aviation rework facility 4.5 Chemical milling maskant, type II 1.3 Rain erosion-resistant coating 7.1 Clear coating 6.0 Rocket motor nozzle coating 5.5 Commercial exterior aerodynamicstructure primer 5.4 Scale inhibitor 7.3 Screen print ink 7.0 Compatible substrate primer 6.5 Sealants:

Corrosion prevention compound 5.9 Extrudable/rollable/brushable sealant 2.3 Cryogenic flexible primer 5.4 Sprayable sealant 5.0 Dry lubricative material 7.3 Silicone insulation material 7.1 Cryoprotective coating 5.0 Solid film lubricant 7.3 Electric or radiation-effect coating 6.7 Specialized function coating 7.4 Electrostatic discharge and electromagnetic 6.7 Temporary protective coating 2.7 Thermal control coating 6.7 Elevated-temperature skydrol-resistant commercial primer 6.2 Topcoat (incl self priming) 3.5 Topcoat for general aviation rework facility (incl self priming) 4.5 Epoxy polyamide topcoat 5.5 Wet fastener installation coating 5.6 Exterior primer for large commercial aircraft (components or assembled) 5.4 Wing coating 7.1 Fire-resistant (interior) coating 6.7 Flexible primer 5.3 (b) The content limits described in table 69-d can be met by using approved air pollution control equipment if the control system has combined volatile organic compound emissions capture and control equipment efficiency of not less than 81% by weight.

(c) A person shall use 1 or more of the following application techniques in applying any primer or topcoat to aerospace vehicles or components, except as allowed by subdivision (d) of this subrule:

(i) Flow/curtain coat.

(ii) Dip coat.

(iii) Roll coating.

(iv) Brush coating.

(v) Cotton-tipped swab applications.

(vi) Electrodeposition coating.

(vii) High volume low pressure (HVLP) spraying.

(viii) Electrostatic spray.

(ix) Other coating application methods equivalent to HVLP or electrostatic spray applications that are equivalent to HVLP.

(d) A person is not required to meet application techniques listed in subdivision (c) of this subrule in the following situations:

(i) Airbrush or extension on the spray gun to properly reach limited access spaces.

(ii) Application of specialty coatings.

(iii) Application of coating that contain fillers that adversely affect atomization with HVLP spray guns and cannot be applied by other means required in subdivision (c) of this subrule.

(iv) Application of coatings that normally have a dried film thickness of less than 0.0013 centimeters and cannot be applied by other means required in subdivision (c) of this subrule.

(v) Airbrush methods for stenciling, lettering, and other identification markings.

(vi) Hand-held spray can application methods.

(vii) Touch-up and repair operations.

(e) Cleaning using hand wiping must use an aqueous cleaning solvent or have a volatile organic compound composite vapor pressure less than or equal to 45 millimeters of mercury at 20 degrees Celsius except in the following situations:

(i) Cleaning during the manufacture, assembly, installation, maintenance, or testing of components of breathing oxygen systems that are exposed to breathing oxygen.

(ii) Cleaning during the manufacture. assembly, installation, maintenance, or testing of parts, subassemblies, or assemblies that are exposed to strong oxidizers or reducers.

(iii) Cleaning and surface activation before adhesive bonding.

(iv) Cleaning of electronics parts and assemblies containing electronics parts.

(v) Cleaning of aircraft and ground support equipment fluid systems that are exposed to the fluid, including air-to-air exchangers and hydraulic fluid systems.

(vi) Cleaning of fuel cells, fuel tanks, and confined spaces.

(vii) Surface cleaning of solar cells, coated optics, and thermal control surfaces.

(viii) Cleaning during fabrication, assembly, installation, and maintenance of upholstery, curtains, carpet, and other textile materials used on the interior of aircraft.

(ix) Cleaning of metallic and nonmetallic materials used in honeycomb cores during the manufacture or maintenance of these cores, and cleaning of the completed cores used in the manufacture of aerospace vehicles or components.

(x) Cleaning of aircraft transparencies, polycarbonate, or glass substrates.

(xi) Cleaning and solvent usage associated with research and development, quality control, or laboratory testing.

(xii) Cleaning operations, using nonflammable liquids, conducted within 5 feet of energized electrical systems.

(xiii) Cleaning operations identified as essential under the Montreal Protocol for which the administrator has allocated essential use allowances or exemptions in 40 CFR section 82.4.

(f) For cleaning solvents used in the flush cleaning of parts, assemblies, and coating unit components, the used cleaning solvent, except for semiaqueous cleaning solvents, must be emptied into an enclosed container or collection system that is kept closed when not in use or captured with wipers, provided they comply with the housekeeping requirements of subdivision (g) of this subrule. Aqueous cleaning solvents are exempt from these requirements.

(g) All spray guns must be cleaned by 1 or more of the following methods:

(i) Enclosed spray gun cleaning system if it is kept closed when not in use and leaks are repaired within 14 days after the leak is first discovered, or the enclosed cleaner must be shut down until the leak is repaired.

(ii) Unatomized discharge of solvent into a waste container that is kept closed when not in use.

(iii) Disassembly of the spray gun and cleaning in a vat that is kept closed when not in use.

(iv) Atomized spray into a waste container that is fitted with a device designed to capture atomized solvent emissions.

(h) All fresh and used cleaning solvents, except aqueous and semiaqueous cleaning solvents, used in solvent cleaning operations must be stored in containers that are kept closed at all times except when filling or emptying. This includes cloth and paper, or other absorbent applicators, moistened with cleaning solvents except for cotton-tipped swabs used for very small cleaning operations.

(i) A person shall implement handling and transfer procedures to minimize spills during filling and transferring the cleaning solvent to or from enclosed systems, vats, waste containers, and other cleaning operation equipment that hold or store fresh or used cleaning solvents. Aqueous cleaning solvents are exempt from these requirements.

(5) Compliance with this rule must be determined as follows:

(a) Each person operating a control device for compliance with this rule shall submit a monitoring plan that specifies the applicable operating parameter value, or range of values, to ensure ongoing compliance with subrule (4)(b) of this rule. The monitoring device must be installed, calibrated, operated, and maintained in accordance with the manufacturer’s specifications, or an equivalent plan approvable by the department.

(b) Each person using an enclosed spray gun cleaner shall visually inspect the seals and all other potential sources of leaks at least once per month in any calendar year in which it is used. Each inspection must occur while the spray gun cleaner is in operation.

(c) For coatings and cleaning solvents that are not waterborne or water-reducible, the volatile organic compound content of each formulation must be determined, less water and less exempt solvents, as applied using manufacturer's supplied data or method 24 of 40 CFR part 60, appendix A. If there is a discrepancy between the manufacturer's formulation data and the results of the method 24 analysis, compliance must be based on the results from the method 24 analysis. For water-borne, or water-reducible, coatings, and aqueous and semiaqueous cleaning solvents, manufacturer's supplied data alone can be used to determine the volatile organic compound content of each formulation.

(d) For hand-wipe cleaning solvents required in subrule (4)(e) of this rule, manufacturers' supplied data or standard engineering reference texts or other equivalent methods must be used to determine the vapor pressure or volatile organic compound composite vapor pressure for blended cleaning solvents.

(6) A person subject to this rule shall obtain current information and maintain records for all requirements in sufficient detail to determine compliance, and must be made available to the department upon request. These records must include the following, as applicable:

(a) A list of coatings and usages as described in table 69-d must be maintained with category and volatile organic compound content as applied on a monthly basis.

(b) Each owner or operator using cleaning solvents as described in this rule shall maintain on a monthly basis a list of the following:

(i) For aqueous and semi aqueous hand-wipe cleaning solvents, materials used with corresponding water contents.

(ii) For vapor pressure compliant hand-wipe cleaning solvents, cleaning solvents with their respective vapor pressures or, for blended solvents, volatile organic compound composite vapor pressures.

(iii) For cleaning solvents with a vapor pressure greater than 45 mm Hg, a list of exempt handwipe cleaning processes.

(c) Each owner or operator using control equipment under subrule (4)(b) of this rule shall record monitoring parameters as specified in the monitoring plan required under subrule (5)(a) of this rule.

(d) Except for specialty coatings, any source that complies with the recordkeeping requirements of the Aerospace NESHAP, 40 CFR 63.752, complies with the requirements of this subrule.

**History**
- *History: 2023 AACS.*

##### **Mich. Admin. Code R 336.1640** Emission of volatile organic compounds from existing storage vessels in the oil and natural gas industry located in the 2015 ozone nonattainment areas {#sec-r-336.1640 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1640}

Rule 640. (1) As used in this rule, "storage vessel” means a tank or other vessel that contains an accumulation of oil and gas related liquids, and that is constructed primarily of non-earthen materials, such as wood, concrete, steel, fiberglass, or plastic that provide structural support.

(2) A person shall not cause or allow the emission of any volatile organic compound in excess of the limitations of this rule from the use of existing storage vessels utilized in the oil and natural gas production, natural gas processing, and natural gas transmission and storage segments of the oil and natural gas industry that meet both of the following criteria:

(a) A storage vessel located in the 2015 ozone nonattainment area.

(b) A storage vessel used for the storage of crude oil or condensates, intermediate hydrocarbon liquids, or produced water.

(3) Except as provided in subrule (6) of this rule, the provisions of this rule do not apply to the following:

(a) Storage vessels with a potential to emit volatile organic compounds of less than 6 tons per year. This potential to emit can be limited by a federally enforceable permit or order.

(b) Storage vessels with uncontrolled actual volatile organic compound emissions of less than 4 tons per 12-month rolling average. If the combined actual emission rate equals or is more than 4 tons per year on a 12-month rolling basis before consideration of controls, as determined in a subsequent month, then this rule permanently applies to the storage vessel.

(c) Vessels that are skid-mounted or permanently attached to a mobile source, such as trucks, railcars, barges, or ships, and are intended to be located at a site for less than 180 consecutive days.

(d) Process vessels, such as surge control vessels, bottoms receivers, or knockout vessels.

(e) Pressure vessels designed to operate in excess of 204.9 kilopascals (29.7 pounds per square inch) and that are not expected to have emissions to the atmosphere during normal operation.

(f) A storage vessel with a capacity greater than 100,000 gallons used to recycle water that has been passed through 2 stage separation.

(g) VOC emission control requirements do not apply to storage vessels subject and controlled in accordance with the requirements for storage vessels in “Standards of Performance for Volatile Organic Liquid Storage Vessels (Including Petroleum Liquid Storage Vessels) for Which Construction, Reconstruction, or Modification Commenced After July 23, 1984” 40 CFR part 60, “National Emission Standards for Organic Hazardous Air Pollutants From the Synthetic Organic Chemical Manufacturing Industry for Process Vents, Storage Vessels, Transfer Operations, and Wastewater” 40 CFR part 63, subpart G, “National Emission Standards for Hazardous Air Pollutants From Petroleum Refineries” 40 CFR part 63, subpart CC, “National Emission Standards for Hazardous Air Pollutants From Oil and Natural Gas Production Facilities” 40 CFR part 63, subpart HH, or “National Emission Standards for Storage Vessels (Tanks) – Control Level 2” 40 CFR part 63, subpart WW. All regulations stated within this subdivision are adopted by reference in R 336.1902.

(4) A person subject to the requirements of this rule shall not cause or allow the emission of any volatile organic compound from storage vessels, unless emissions are reduced by 95% by weight or greater as determined by subrule (5) of this rule and the following provisions are met, as applicable:

(a) If utilized, an enclosed combustion control device for the volatile organic compound emissions from material storage must meet 1 of the following:

(i) Emissions must be less than 275 ppm by volume as propane on a wet basis corrected to 3% oxygen.

(ii) The control must be operated at a minimum temperature of 760 degrees Celsius, provided a valid performance test as required in subrule (5) of this rule is on file that demonstrated the combustion zone temperature is an indicator of sufficient destruction efficiency.

(iii) The vent stream must be introduced into the flame zone of the boiler or process heater.

(b) A person using a control device to reduce emissions shall meet the following requirements:

(i) Covers must satisfy all of the following:

(A) The covers and all openings on the cover must form a continuous impermeable barrier over the entire surface area of the liquid in the vessel.

(B) Each cover opening must be secured in a closed sealed position when material is in the unit except during time necessary to use the opening, such as adding, removing, sampling, or inspecting material in the unit, maintaining equipment, or venting through a closed vent system.

(C) Each storage vessel thief hatch must be maintained and operated with a mechanism to ensure that the lid remains properly seated and sealed under normal operating conditions.

(ii) Closed vent systems must satisfy all of the following, unless routed to a process:

(A) The closed vent system must route all gases, vapors, and fumes to the control device.

(B) The closed vent system must have no detectable emissions when using, at a minimum, olfactory, visual, and auditory inspections.

(C) Any bypass must have a properly operated and maintained flow indictor at the inlet with an alarm that is recorded when activated. Low leg drains, high point bleeds, analyzer vents, and openended valves or lines and safety devices are not considered bypasses.

(D) The closed vent system must be properly designed and operated, as described in subrule (5) of this rule.

(iii) Control devices must satisfy all of the following, if applicable:

(A) The control device must be operated and maintained properly as described in subrule (5) of this rule.

(B) When using a combustion control device, it must have a continuous burning pilot flame or alternative approved by the department.

(C) When using a flare as a control device, it must be designed and operated in accordance with the requirements of 40 CFR 60.18(b), adopted by reference in R 336.1902.

(D) When using carbon absorption as a control device, the carbon must be regenerated or reactivated.

(c) If a floating roof is used to reduce emissions, the storage vessel must meet all relevant requirements of “Standards of Performance for Storage Vessels for Petroleum Liquids for Which Construction, Reconstruction, or Modification Commenced After May 18, 1978, and Prior to July 23, 1984,” 40 CFR 60.112b(a)(1) or (2), and all relevant monitoring, inspection, recordkeeping, and reporting requirements in “Standards of Performance for Volatile Organic Liquid Storage Vessels (Including Petroleum Liquid Storage Vessels) for Which Construction, Reconstruction, or Modification Commenced After July 23, 1984.” 40 CFR part 60, subpart Kb. Both are adopted by reference in R336.1902.

(5) Compliance with this rule must be determined as follows:

(a) Initial performance and compliance testing must be conducted in accordance with a stack testing protocol approved by the department.

(b) All control devices must have an approvable operation and maintenance plan that contains, at a minimum, the following:

(i) A schedule of maintenance for the control devices in use.

(ii) An inspection schedule at least once every calendar month.

(iii) Written instructions from the manufacturer.

(c) An analysis must be performed, documented, and maintained that the closed vent system is of sufficient design and capacity to ensure all emissions from the storage vessel is routed to the control device or process and that the control device is of sufficient design and capacity to accommodate all emissions from the storage vessel.

(d) The person subject to this rule for a closed vent system shall conduct and maintain records of annual visual inspections for defects that could result in air emissions.

(6) A person operating a storage vessel subject to this rule shall obtain current information and maintain records for all applicability and requirements in sufficient detail to determine compliance.

The records must be made available to the department upon request. The records must include the following, as applicable:

(a) Records of each volatile organic compound emission determination for each storage vessel.

(b) Records of deviations in cases where the storage vessel was not operated in compliance with requirements.

**History**
- *History: 2023 AACS.*

##### **Mich. Admin. Code R 336.1641** Emission of volatile organic compounds from existing pneumatic controllers in the oil and natural gas industry located in the 2015 ozone nonattainment areas {#sec-r-336.1641 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1641}

Rule 641. (1) As used in this rule:

(a) “Bleed rate” means the rate in standard cubic feet per hour at which natural gas is continuously vented, or bleeds, from a pneumatic controller.

(b) “Pneumatic controller” means an automated instrument used to maintain a process condition, such as liquid level, pressure, delta pressure and temperature.

(2) A person shall not cause or allow the emission of any volatile organic compound associated with the oil and natural gas production and natural gas processing segments of the oil and natural gas industry, in excess of the limitations of this rule from the use of existing single continuous bleed natural gas-driven pneumatic controllers, when the controllers are both of the following:

(a) Located inside the 2015 ozone nonattainment areas.

(b) Utilized at a natural gas processing plant or with equipment located from either the wellhead to the natural gas processing plant or to the point of custody transfer to an oil pipeline.

(3) Except as described in subrule (6) of this rule, the provisions of this rule do not apply to a pneumatic controller if there is a functional need for a bleed rate greater than the requirements as described in subrule (4) of this rule and it is properly tagged. A functional need includes, but is not limited to, response time, safety, and positive actuation.

(4) Except as allowed in subrule (3) of this rule, a person subject to the requirements of this rule shall not allow either of the following:

(a) Any continuous venting for any pneumatic controllers located at a natural gas processing plant.

(b) A bleed rate greater than 6 standard cubic feet per hour from equipment from the wellhead to the natural gas processing plant or point of custody transfer to an oil pipeline.

(5) Compliance with this rule must be determined by maintaining records as described in subrule (6) of this rule which includes, at a minimum, tagging all pneumatic controllers with an identifying number and the installation date, to allow traceability to the records for that controller.

(6) A person operating a pneumatic controller shall obtain current information and maintain records for all requirements in sufficient detail to determine compliance. The records must be made available to the department upon request. This includes records and all other information needed to establish both of the following for each pneumatic controller, as applicable:

(a) The bleed rates.

(b) A description of its functional need if exempting the equipment from requirements in subrule (4) of this rule.

**History**
- *History: 2023 AACS.*

##### **Mich. Admin. Code R 336.1642** Emission of volatile organic compounds from existing pneumatic pumps in the oil and natural gas industry located in the 2015 ozone nonattainment areas {#sec-r-336.1642 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1642}

Rule 642. (1) As used in this rule, "pneumatic pump” means a positive displacement reciprocating unit driven by natural gas used for injecting precise amounts of chemicals into a process stream or for freeze protection glycol circulation.

(2) A person shall not cause or allow the emission of any volatile organic compound associated with oil and natural gas production and natural gas processing segments of the oil and natural gas industry in excess of the limitations of this rule from the use of existing single natural gas driven pneumatic pumps when the pumps are both of the following:

(a) Located inside the 2015 ozone nonattainment area.

(b) Utilized at a natural gas processing plant or well site.

(3) Except as required in subrule (6), the provisions of this rule do not apply to a pneumatic pump that is either of the following:

(a) If it is determined through an engineering assessment that routing a pneumatic pump to a control device or a process is technically infeasible due to insufficient gas pressure or control device capacity, including the event in which there is no control device or in which the control device or process is removed from the site, the following provisions must be met:

(i) An assessment of technical infeasibility must be conducted and must include, but is not limited to, safety considerations, distance from the control device, pressure losses and differentials in the closed vent system, and the ability of the control device to handle the pneumatic pump emissions which are routed to them. This assessment must be prepared under supervision of a qualified professional engineer as approved in 40 CFR 60.5393a.

(ii) The professional engineer shall sign and certify this prepared assessment.

(b) In operation less than 90 days per calendar year. For purposes of this rule, any period of operation during a calendar day counts toward the 90-day annual threshold.

(4) A person shall not cause or allow the emission of any volatile organic compound from pneumatic pumps, unless the following provisions are met:

(a) At natural gas processing plants, zero emissions or 100% control from each diaphragm pump by use of a control device or instrument air system in place of the natural gas-driven pump.

(b) At a well site, emissions from each existing diaphragm pump with control devices, must be reduced by 95% by weight or greater as determined by subrule (5) of this rule, or, if 95% control is not achievable, by the maximum control efficiency possible as described in subrule (6) of this rule.

(c) At a well site that installs a control device after March 1, 2023, the emissions from the pneumatic pump must be captured and routed to the control device.

(d) If reducing emissions by use of a control device or by routing to a process, the pneumatic pump must connect emissions through a closed vent system meeting the requirements of R 336.1640(4)(b)(ii).

(5) Compliance with this rule must be determined as follows:

(a) All pneumatic pumps must be tagged with an identifying marker to allow tracking for reporting as described in subrule (6) of this rule.

(b) Initial performance and compliance testing must be conducted in accordance with a stack testing protocol, or alternative testing protocol, approved by the department.

(c) All control devices must have an approvable operation and maintenance plan that contains, at a minimum, the following:

(i) A schedule of maintenance for the control devices in use.

(ii) An inspection schedule at least once every calendar month.

(iii) Written instructions from the manufacturer.

(6) A person operating a pneumatic pump subject to this rule shall obtain current information and maintain records for all requirements in sufficient detail to determine compliance. The records must be made available to the department upon request and must include the following, as appropriate:

(a) Notes of all pumps with control, and the respective control efficiencies, as determined by the performance test used in subrule (5) of this rule, that may include a stack test, calibrated bag test, or engineering calculations.

(b) For all pumps with a control efficiency less than the control efficiency required by subrule (4) of this rule, infeasibility of meeting applicable criteria for capture and control for any uncontrolled pump which may include factors such as safety, distance, pressure losses and differentials, and the capacity of any available existing control device, to show that subrule (4) of this rule is not attainable.

(d) Before March 1, 2023, an initial report must be submitted to the department describing initial compliance.

(e) A report must be submitted to the department if a control device is installed on site after March 1, 2023.

**History**
- *History: 2023 AACS.*

##### **Mich. Admin. Code R 336.1643** Emission of volatile organic compounds from existing compressors in the oil and natural gas industry located in the 2015 ozone nonattainment areas {#sec-r-336.1643 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1643}

Rule 643. (1) As used in this rule:

(a) “Centrifugal compressor” means any machine for raising the pressure of a natural gas by drawing in low-pressure natural gas and discharging significantly higher-pressure natural gas by means of mechanical rotating vanes or impellers. Screw, sliding vane, and liquid ring compressors are not centrifugal compressors for the purposes of this rule.

(b) “Reciprocating compressor” means a piece of equipment that increases the pressure of a process gas by positive displacement, employing linear movement of the driveshaft.

(2) A person shall not cause or allow the emission of any volatile organic compound from the use of existing compressors utilized in oil and natural gas production and natural gas processing segments of the oil and natural gas industry, in excess of the limitations of this rule that are both:

(a) Located in the 2015 ozone nonattainment areas.

(b) Located between the wellhead and point of custody transfer to the natural gas transmission and storage segment, and are either of the following:

(i) A single centrifugal compressor using wet seals.

(ii) A reciprocating compressor.

(3) The provisions of this rule do not apply to the following:

(a) Individual reciprocating compressor, or an individual centrifugal compressor using wet seals located at a well site, or an adjacent well site, and is servicing more than 1 well site.

(b) Individual centrifugal compressor using dry seals.

(4) A person shall not cause or allow the emission of any volatile organic compound from the centrifugal compressors, unless the following provisions are met:

(a) Emissions from a centrifugal compressor wet seal fluid degassing system must be reduced by 95%.

(b) When emissions from a centrifugal compressor are controlled by a control device, the following requirements must be met:

(i) The wet seal fluid degassing system must be equipped with a cover that meets the following requirements:

(A) The cover and all openings on the cover must form a continuous impermeable barrier over the entire surface area of the liquid in the wet seal fluid degassing system.

(B) Each cover opening must be secured in a closed, sealed position, for example, covered by a gasketed lid or cap, except during those times when it is necessary to use an opening as follows:

(1) To inspect, maintain, repair, or replace equipment.

(2) To vent gases or fumes from the unit through a closed vent collection system that meets the cover requirements and closed vent system requirements of R 336.1640.

(ii) The closed vent system must be routed to a process or a control device that is designed to route all gases, vapors, and fumes emitted from the volatile organic compound emissions source to a control device or to a process.

(iii) A continuous parameter monitoring system must be properly installed and operated to monitor all relevant control device operational variables.

(5) A person shall not cause or allow the emission of any volatile organic compound from reciprocating compressors, unless either of the following provisions are met:

(a) Compressor rod packing must be replaced within 36 months from the date of the most recent rod packing.

(b) Rod packing emissions must be routed to a process by using a closed vent collection system that operates under negative pressure and meets the cover requirements and closed vent system requirements of R 336.1640. The closed vent system must be designed to route all volatile organic compound containing gases, vapors, and fumes to the process.

(6) A person operating a compressor shall obtain current information and maintain records for all requirements in sufficient detail to determine compliance, which must be made available to the department upon request. The following methods must be used:

(a) An identification of each existing centrifugal compressor using a wet seal system.

(b) Records of deviations where the centrifugal or reciprocating compressor was not operated in compliance with requirements.

(d) Records of the maintenance and repair log.

(e) Records of the visible emissions test following return to operation from a maintenance or repair activity.

(f) Records of the cumulative number of hours of operation or number of months since the previous replacement of the reciprocating compressor rod packing.

(g) Records of any control device operational variables monitored as part of the required continuous parameter monitoring system.

**History**
- *History: 2023 AACS.*

##### **Mich. Admin. Code R 336.1644** Emission of volatile organic compounds from fugitive emissions from the oil and natural gas industry located in the 2015 ozone nonattainment areas {#sec-r-336.1644 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1644}

Rule 644. (1) A person shall not cause or allow the emission of any volatile organic compound from existing fugitive emissions in the oil and natural gas production and natural gas processing segments of the oil and natural gas industry, in excess of the limitations of this rule that are both:

(a) Located in the 2015 ozone nonattainment area.

(b) Either of the following:

(i) Well sites.

(ii) Gathering and boosting station located from the wellhead to the point of custody transfer to the natural gas transmission and storage segment or an oil pipeline.

(2) The provisions of this rule do not apply to well sites that meet any of the following:

(a) Produce on average, less than or equal to 15-barrel equivalents per day.

(b) Have gas to oil ratios of less than 300 standard cubic foot of gas per barrel of oil produced, except as described in subrule (4) of this rule.

(3) A person shall not cause or allow the emission of any volatile organic compound from fugitive emissions unless a leak detection and repair program is implemented, as described in subrule (4) of this rule.

(4) A leak detection and repair program must be developed and implemented for compliance with this rule and must contain the following components:

(a) For well sites the program must include the following:

(i) Semiannual monitoring using optical gas imaging (OGI) and repair of components that are found to be leaking.

(ii) Each fugitive emissions component repaired or replaced be resurveyed to ensure there is no leak after repair or replacement by the use of either 40 CFR, part 60, appendix A, method 21, adopted by reference in R 336.1902, or OGI, no later than 30 days after finding fugitive emissions.

(b) For gathering and boosting stations in the production segment the program must include the following:

(i) Quarterly monitoring using OGI and repair of components that are found to be leaking.

(ii) Each fugitive emissions component repaired or replaced be resurveyed to ensure there is no leak after repair or replacement by the use of either 40 CFR, part 60, appendix A, method 21, adopted by reference in R 336.1902, or OGI no later than 30 days after finding fugitive emissions.

(c) The department can allow 40 CFR, part 60, appendix A, method 21, adopted by reference in R 336.1902, with a repair threshold of 500 ppm as an alternative compliance means to OGI.

(5) A person operating a compressor shall obtain current information and maintain records for all requirements in sufficient detail to determine compliance, which must be made available to the department, upon request. These records must include the following, as applicable:

(a) To demonstrate continuous compliance with the fugitive emission standards the following provisions must be met, as applicable:

(i) A monitoring survey of each collection of fugitive emissions components at a well site must be conducted at least semiannually, not less than 4 months apart, after the initial survey.

(ii) A monitoring survey of the collection of fugitive emissions components at a gathering and boosting station must be conducted at least quarterly, not less than 60 days apart, after the initial survey.

(iii) A written plan must be developed to include the identification and location of each fugitive emissions component designated as difficult-to-monitor, an explanation of why each are designated as difficult to monitor, and a schedule for monitoring at least once per calendar year for the following:

(A) Fugitive emission components designated as difficult-to-monitor, meaning monitoring cannot occur without elevating the monitoring personnel more than 2 meters above the surface.

(B) Fugitive emissions components designated as unsafe-to-monitor, meaning monitoring cannot be completed without exposing the monitoring personnel to immediate danger while conducting a monitoring.

(b) Records maintained of the fugitive emissions monitoring plan as required under subrule (4) of this rule.

**History**
- *History: 2023 AACS.*

##### **Mich. Admin. Code R 336.1651** Standards for degreasers {#sec-r-336.1651 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1651}

Rule 651. A person responsible for the operation of a degreaser subject to the provisions of 40 C.F.R. Part 63, Subpart T, §§63.460 to 63.469, the halogenated solvent cleaning “National Emission Standards for Halogenated Solvent Cleaning,” shall comply with the provisions of 40 C.F.R. Part 63, Subpart T, adopted by reference in R 336.1902.

**History**
- *History: 1997 AACS; 2002 AACS; 2017 AACS.*

##### **Mich. Admin. Code R 336.1660** Standards for volatile organic compounds emissions from consumer products {#sec-r-336.1660 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1660}

Rule 660. (1) Except as provided in subrule (2) of this rule, the following provisions are adopted by reference in R 336.1902:

(a) Before January 1, 2023, the ozone transport commission's "OTC Model Rule for Consumer Products," 2006 (ver2006).

(b) After December 31, 2022, the ozone transport commission's "OTC Model Rule for Consumer Products," dated May 10, 2012, (ver2012).

(c) After December 31, 2022, the “Technical amendment to the Ozone Transport Commission Consumer Products Model Rule,” dated May 21, 2013.

(2) The following exceptions apply to the adoptions by reference in subrule (1)(a) and (b) of this rule:

(a) Section (8)(b), variances.

(b) All references to public hearings in section (8)(d) and (f).

(c) In ver2006, where the date "January 1, 2005” appears in the section (3)(a), table of standards, (f)(1)(i), and (g)(3), the department shall instead recognize January 29, 2007:

(d) In ver2006, section 7(d)(2) and (3), where the date "2005" appears, the department shall instead recognize 2007 and the date "March 1, 2006" appears the department shall instead recognize March 1, 2008.

(e) In ver2012, where the date "January 1, 2005”, “January 1, 2009”, or “January 1, 2014" appears in the section (3)(a) table of standards, (f)(1)(i), and (g)(3), the department shall instead recognize January 1, 2023.

(f) In ver2012, the volatile organic compound limits in section (3)(a) table of standards and the prohibitions in section 3(n) as they apply to the following products containing 98% or more paradichlorobenzene:

(i) Toilet/urinal care products.

(ii) Solid and semisolid air fresheners that are not intended for use inside residences or commercial establishments.

(3) As used in the model rule:

(a) "OTC state" means this state.

(b) "Volatile organic compound" or "VOC" means a compound as defined in 40 CFR 51.100.

For the purpose of clarifying the definition, the provisions of 40 CFR 51.100 are adopted by reference in R 336.1902.

**History**
- *History: 2007 AACS; 2017 AACS; 2023 AACS.*

##### **Mich. Admin. Code R 336.1661** Rescinded {#sec-r-336.1661 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1661}

**History**
- *History: 2007 AACS; 2017 AACS; 2023 AACS.*

##### **Mich. Admin. Code R 336.1662** Standards for volatile organic compounds emissions from architectural and industrial maintenance coatings {#sec-r-336.1662 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1662}

Rule 662. (1) After December 31, 2022, the provisions in the ozone transport commission's "Model Rule for Architectural and Industrial Maintenance (AIM) Coatings," are adopted by reference in R 336.1902, with the following exceptions:

(a) “Table 1: VOC Content Limits for Architectural and Industrial Maintenance Coatings,” the column titled “VOC Content Limits (grams per liter) Effective Until December 31, 2013.”

(b) Except as provided in subrule (1)(c), where the date “January 1, 2014” appears in the following sections, the department shall instead recognize “January 1, 2023”:

(i) Section (2), Definitions.

(ii) Section (3), Standards.

(iii) Section (4), Container Labeling Requirements, (iv) Table 1: VOC Content Limits for Architectural and Industrial Maintenance Coatings.

(c) For architectural coatings produced by a manufacturer whose total production level is less than 1 million gallons of coating in each calendar year from 2021 to 2026, where the date “January 1, 2014” appears in the following sections, the department shall instead recognize “January 1, 2027”:

(i) Section (2), Definitions.

(ii) Section (3), Standards.

(iii) Section (4), Container Labeling Requirements, (iv) Table 1: VOC Content Limits for Architectural and Industrial Maintenance Coatings.

(2) As used in the model rule:

(a) “Jurisdiction of the state or local air pollution control agency” means the department.

(b) “Volatile Organic Compound” means the definition as promulgated in R 336.1122(f).

**History**
- *History: 2023 AACS.*

### **R 336.1701 to R 336.1710** Part 7. Emission Limitation and Prohibitions - New Sources of Volatile Organic Compounds Emissions

##### **Mich. Admin. Code R 336.1701** "New source" defined {#sec-r-336.1701 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1701}

DEPARTMENT OF ENVIRONMENT, GREAT LAKES, AND ENERGY

AIR QUALITY DIVISION

AIR POLLUTION CONTROL

PART 7. EMISSION LIMITATIONS AND PROHIBITIONS--

NEW SOURCES OF VOLATILE ORGANIC COMPOUND EMISSIONS

Rule 701. For the purpose of this part, a "new source" means any process or process equipment which is either placed into operation on or after July 1, 1979, or for which an application for a permit to install, pursuant to the provisions of Part 2 of these rules, is made to the department on or after July 1, 1979, or both, except for any process or process equipment which is defined as an "existing source" under R 336.1601.

**History**
- *History: 1980 AACS; 1981 AACS; 2002 AACS.*

##### **Mich. Admin. Code R 336.1702** New sources of volatile organic compound emissions generally {#sec-r-336.1702 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1702}

Rule 702. A person who is responsible for any new source of volatile organic compound emissions shall not cause or allow the emission of volatile organic compound emissions from the new source in excess of the lowest maximum allowable emission rate of the following:

(a) The maximum allowable emission rate listed by the department on its own initiative or based upon the application of the best available control technology.

(b) The maximum allowable emission rate specified by a new source performance standard promulgated by the United States environmental protection agency under authority enacted by title I, part A, section 111 of the clean air act, as amended, 42 U.S.C. §7413.

(d) The maximum allowable emission rate specified in part 6 of these rules which would otherwise be applicable to the new source except for the date that the process or process equipment was placed into operation or for which an application for a permit to install, under the provisions of part 2 of these rules, was made to the department. If the part 6 allowable emission rate provides for a future compliance date, then the future compliance date shall also be applicable to a new source pursuant to this subdivision.

**History**
- *History: 1980 AACS; 1993 AACS; 2002 AACS.*

##### **Mich. Admin. Code R 336.1703** Rescinded {#sec-r-336.1703 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1703}

**History**
- *History: 1980 AACS; 2002 AACS; 2023 AACS.*

##### **Mich. Admin. Code R 336.1704** Rescinded {#sec-r-336.1704 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1704}

**History**
- *History: 1980 AACS; 2002 AACS; 2023 AACS.*

##### **Mich. Admin. Code R 336.1705** Rescinded {#sec-r-336.1705 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1705}

**History**
- *History: 1980 AACS; 1989 AACS; 2002 AACS; 2023 AACS.*

##### **Mich. Admin. Code R 336.1706** Rescinded {#sec-r-336.1706 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1706}

**History**
- *History: 1980 AACS; 1989 AACS; 1997 AACS; 2023 AACS.*

##### **Mich. Admin. Code R 336.1707** New cold cleaners {#sec-r-336.1707 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1707}

Rule 707. (1) It is unlawful for a person to operate a new cold cleaner unless all of the provisions of the following subrules are met or unless an equivalent control method is approved by the department.

(2) It is unlawful for a person to operate a new cold cleaner using a solvent having a Reid vapor pressure of more than 0.6 psia or heated above 120 degrees Fahrenheit, unless at least 1 of the following conditions is met:

(a) The cold cleaner is designed such that the ratio of the freeboard height to the width of the cleaner is equal to or greater than 0.7.

(b) The solvent bath is covered with water if the solvent is insoluable and has a specific gravity of more than 1.0.

(c) The cold cleaner is controlled by a carbon adsorption system, condensation system, or other method of equivalent control approved by the department.

(3) It is unlawful for a person to operate a new cold cleaner unless all of the following conditions are met:

(a) A cover shall be installed and the cover shall be closed whenever parts are not being handled in the cleaner. The cover shall be mechanically assisted in any of the following situations:

(i) The Reid vapor pressure of the solvent is more than 0.3 psia.

(ii) The solvent is agitated.

(iii) The solvent is heated.

(b) A device shall be available for draining cleaned parts, and the parts shall be drained not less than 15 seconds or until dripping ceases.

(c) Waste solvent shall be stored only in closed containers, unless demonstrated to be a safety hazard and disposed of in a manner such that not more than 20% by weight is allowed to evaporate into the atmosphere.

(4) A person responsible for the provisions of this rule shall develop written procedures for the operation of such provisions, and such procedures shall be posted in an accessible, conspicuous location near the cold cleaner.

(5) The provisions of this rule do not apply to a new cold cleaner that is subject to the provisions of the halogenated solvent cleaner national emission standards for hazardous air pollutants (1995), which are adopted by reference in R 336.1651.

**History**
- *History: 1980 AACS; 1997 AACS.*

##### **Mich. Admin. Code R 336.1708** New open top vapor degreasers {#sec-r-336.1708 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1708}

Rule 708. (1) It is unlawful for a person to operate a new open top vapor degreaser unless all of the provisions of the following subrules are met or unless an equivalent control method is approved by the department.

(2) It is unlawful for a person to operate a new open top vapor degreaser unless at least 1 of the following conditions is met:

(a) The degreaser is designed such that the ratio of the freeboard height to the width of the degreaser is equal to or greater than 0.75. And if the degreaser opening is more than 10 square feet, the degreaser shall be designed with a powered or mechanically assisted cover.

(b) The degreaser is equipped with a refrigerated freeboard device.

(c) The degreaser is controlled by a carbon adsorption system with ventilation of more than 50 cubic feet per minute of air/vapor area when the cover is open and with exhaust of less than 25 parts of organic vapor per million parts of air averaged over 1 complete adsorption cycle.

(d) The degreaser is controlled by an equivalent control method approved by the department.

(3) It is unlawful for a person to operate a new open top vapor degreaser unless all of the following conditions are met:

(a) A cover shall be installed that is designed to be opened and closed easily without disturbing the vapor zone. The cover shall be closed at all times, except when processing workloads through the degreaser.

(b) A procedure shall be developed to minimize solvent carryout by doing all of the following:

(i) Racking parts to allow complete drainage.

(ii) Moving parts in and out of the degreaser at a vertical speed of less than 11 feet per minute when a powered hoist is used to raise or lower the parts.

(iii) Holding parts in the vapor zone not less than 30 seconds or until condensation ceases.

(iv) Tipping or tumbling parts in a manner such that no pools of organic solvent remain on the cleaned parts before removal.

(v) Allowing parts to dry within the degreaser for not less than 15 seconds or until visually dry.

(i) A condenser flow switch and thermostat that shut off the sump heat if the condenser coolant is either not circulating or is too warm.

(ii) If equipped with spray, a spray safety switch that shuts off the spray pump if the vapor level drops excessively.

(iii) A vapor level control device that shuts off the sump heat if the solvent vapor level rises above the normal design level.

(d) The total workload shall not occupy more than 1/2 of the degreaser's open top area.

(e) Solvent shall not be sprayed above the vapor level.

(f) Solvent leaks shall be repaired immediately.

(g) The degreaser shall be operated in such a manner that no water is visibly detectable in solvent exiting the water separator.

(h) Exhaust ventilation shall not exceed 65 cubic feet per minute per square foot of degreaser open area, unless necessary to meet OSHA requirements.

(i) Waste solvent shall be stored only in closed containers, unless demonstrated to be a safety hazard and disposed of in a manner such that not more than 20% by weight is allowed to evaporate into the atmosphere.

(4) A person responsible for the provisions of this rule shall develop written procedures for the operation of all such provisions, and such procedures shall be posted in an accessible, conspicuous location near the vapor degreaser.

(5) The provisions of this rule shall not apply to an open top vapor degreaser having an air/vapor interface of less than 10 square feet, if the degreaser complies with the provisions of subrules (3) and (4) of this rule.

(6) The provisions of this rule do not apply to a new open top vapor degreaser that is subject to the provisions of the halogenated solvent cleaner national emission standards for hazardous air pollutants (1995), which are adopted by reference in R 336.1651.

**History**
- *History: 1980 AACS; 1997 AACS.*

##### **Mich. Admin. Code R 336.1709** New conveyorized cold cleaners {#sec-r-336.1709 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1709}

Rule 709. (1) It is unlawful for a person to operate a new conveyorized cold cleaner unless all of the provisions of the following subrules are met or unless an equivalent control method is approved by the department.

(2) It is unlawful for a person to operate a new conveyorized cold cleaner unless at least 1 of the following conditions is met:

(a) The cleaner is equipped with a refrigerated freeboard device.

(b) The cleaner is controlled by a carbon adsorption system with ventilation of more than 50 cubic feet per minute of air/vapor area when the cover is open and with exhaust of less than 25 parts of organic vapor per million parts of air averaged over 1 complete adsorption cycle.

(3) It is unlawful for a person to operate a new conveyorized cold cleaner unless all of the following conditions are met:

(a) Covers shall be provided for closing off the entrance and exit during shutdown hours.

(b) A procedure shall be developed to minimize solvent carryout by racking parts for best drainage.

(c) Openings shall be designed in a manner to be minimized during operation so that entrances and exits silhouette maximum size workloads with an average clearance between the parts and the edge of the cleaner opening of less than 4 inches or less than 10% of the width of the opening.

(d) Solvent leaks shall be repaired immediately.

(e) The cleaner shall be operated in a manner such that no water is visibly detectable in solvent exiting the water separator.

(f) A downtime cover shall be placed over entrances and exits of the conveyorized cold cleaner immediately after the conveyors and exhausts are shut down and shall not be removed until just before start-up.

(g) Waste solvent shall be stored only in closed containers, unless demonstrated to be a safety hazard and disposed of in a manner such that not more than 20% by weight is allowed to evaporate into the atmosphere.

(5) The provisions of this rule shall not apply to any new conveyorized cold cleaner having an air/vapor interface of less than 20 square feet, if the cleaner complies with the provisions of subrules (3) and (4) of this rule.

(6) The provisions of this rule do not apply to a new conveyorized cold cleaner that is subject to the provisions of the halogenated solvent cleaner national emission standards for hazardous air pollutants (1995), which are adopted by reference in R 336.1651.

**History**
- *History: 1980 AACS; 1997 AACS.*

##### **Mich. Admin. Code R 336.1710** New conveyorized vapor degreasers {#sec-r-336.1710 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1710}

Rule 710. (1) It is unlawful for a person to operate a new conveyorized vapor degreaser unless all of the provisions of the following subrules are met or unless an equivalent control method is approved by the department.

(2) It is unlawful for a person to operate a new conveyorized vapor degreaser unless at least 1 of the following conditions is met:

(a) The degreaser is equipped with a refrigerated freeboard device.

(b) The degreaser is controlled by a carbon adsorption system with ventilation of more than 50 cubic feet per minute of air/vapor area when the cover is open and with exhaust of less than 25 parts of organic vapor per million parts of air averaged over 1 complete adsorption cycle.

(3) It is unlawful for a person to operate a new conveyorized vapor degreaser unless all of the following conditions are met:

(a) Covers shall be provided for closing off the entrance and exit during shutdown hours.

(b) A procedure shall be developed to minimize solvent carryout by doing both of the following:

(i) Racking parts for best drainage.

(ii) Moving parts in and out of the degreaser at a vertical speed of less than 11 feet per minute.

(i) A condenser flow switch and thermostat that shut off the sump heat if the condenser coolant is either not circulating or is too warm.

(ii) A spray safety switch that shuts off the spray pump or the conveyor if the vapor level drops excessively.

(iii) A vapor level control device that shuts off the sump heat if the solvent vapor level rises above the normal design level.

(d) Openings shall be designed in a manner to be minimized during operation so that entrances and exits silhouette maximum size workloads with an average clearance between the parts and the edge of the degreaser opening of less than 4 inches or less than 10% of the width of the opening.

(e) Solvent leaks shall be repaired immediately.

(f) The degreaser shall be operated in a manner such that no water is visibly detectable in solvent exiting the water separator.

(g) A downtime cover shall be placed over entrances and exits of the conveyorized cold cleaner immediately after the conveyors and exhausts are shut down and shall not be removed until just before start-up.

(h) Exhaust ventilation shall not exceed 65 cubic feet per minute per square foot of degreaser open area, unless necessary to meet OSHA requirements.

(5) The provisions of this rule shall not apply to any new conveyorized vapor degreaser having an air/vapor interface of less than 20 square feet, if the cleaner complies with the provisions of subrules (3) and (4) of this rule.

(6) The provisions of this rule do not apply to any new conveyorized vapor degreaser that is subject to the provisions of the halogenated solvent cleaner national emission standards for hazardous air pollutants (1995), which are adopted by reference in R 336.1651.

1. Parts per million, by volume 2. Averaging time period 3. This compound is a stabilizer

**History**
- *History: 1980 AACS; 1997 AACS.*

### **R 336.1801 to R 336.1846** Part 8. Emission Limitations and Prohibitions-Oxides of Nitrogen (NOx)

##### **Mich. Admin. Code R 336.1801** Emission of oxides of nitrogen (NOx) from non-SIP call stationary sources {#sec-r-336.1801 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1801}

DEPARTMENT OF ENVIRONMENT, GREAT LAKES, AND ENERGY

AIR QUALITY DIVISION

AIR POLLUTION CONTROL

PART 8. EMISSION LIMITATIONS AND PROHIBITIONS- OXIDES OF

NITROGEN

Rule 801. (1) As used in this rule:

(a) “Btu” means a British thermal unit.

(b) "Capacity factor" means either of the following:

(i) The ratio of a unit's actual annual electric output, expressed in megawatt hour, to the unit's nameplate capacity times 8,760 hours.

(ii) The ratio of a unit's annual heat input, expressed in million Btu or equivalent units of measure, to the unit's maximum design heat input, expressed in million Btus per hour or equivalent units of measure, times 8,760 hours.

(d) "Fossil fuel-fired" means the actual combustion of fossil fuel, which includes coke oven gas, alone or in combination with another fuel, where either of the following quantities are greater than 50% on an annual basis:

(i) Sum of the mass of fossil fuels combusted divided by the total mass of all fuels combusted.

(ii) Sum of the annual heat inputs for fossil fuels combusted divided by the total heat input for all fuels combusted. Annual heat inputs are on a Btu basis.

(e) "Low-NOx burners" means 1 of several developing combustion technologies used to minimize the formation of emissions of nitrogen oxides. As applicable to cement kilns, low-NOx burners means a type of cement kiln burner system designed to minimize NOx formation by controlling flame turbulence, delaying fuel/air mixing, and establishing fuelrich zones for initial combusting, that for firing of solid fuel in the burning end zone of a kiln's main burner includes an indirect firing system or comparable technique for the main burner in the burning end zone of the kiln to minimize the amount of primary air supplied through the burner. In an indirect firing system, 1 air stream is used to convey pulverized fuel from the grinding equipment and at least 1 or more other air streams are used to supply primary air to the burning end zone kiln burner of the kiln with the pulverized fuel, with intermediate storage of the fuel, and necessary safety and explosion prevention systems associated with the intermediate storage of fuel.

(f) "Mid-kiln system firing" means the secondary firing in a kiln system by injecting solid fuel at an intermediate point in the kiln system using a specially designed heat injection mechanism for the purpose of decreasing NOx emissions through coal burning part of the fuel at lower temperatures and reducing conditions at the fuel injection point that may destroy some of the NOx.

(g) "Non-SIP call source" means any stationary source of NOx emissions that is not a NOx budget source subject to R 336.1802.

(h) “NOx” means oxides of nitrogen.

(i) "Ozone control period" means the period of May 1 through September 30.

(j) "Peaking unit" means an electricity-generating utility unit that has an average capacity factor of not more than 10% during the previous 3 calendar years and a capacity factor of not more than 20% in each of those calendar years.

(k) "Process heater" means any combustion equipment which is fired by a liquid fuel or a gaseous fuel, or both, and which is used to transfer heat from the combustion gases to a process fluid, superheated steam, or water.

(l) “SIP” means state implementation plan.

(m) "Unit" means a fossil fuel-fired combustion device.

(2) Except as provided in subrule (11) of this rule, any fossil fuel-fired unit that meets both of the following requirements is subject to this rule:

(a) A unit that has the potential to emit more than 25 tons of NOx each ozone control period.

(b) A unit that has a maximum rated heat input capacity of more than 250 million Btu, per hour.

(3) An owner or operator of an emission unit subject to this rule shall comply with the following provisions, as applicable:

(a) An owner or operator of a fossil fuel-fired, electricity-generating utility unit that serves a generator that has a nameplate capacity of less than 25 megawatts shall comply with the appropriate NOx emission limit in table 81 of this rule.

(b) An owner or operator of a fossil fuel-fired boiler or process heater shall meet the emission limits contained in table 81 of this rule.

(c) An owner or operator of a gas-fired boiler or process heater that fires gaseous fuel that contains more than 50% hydrogen by volume shall comply with an NOx emission limit of 0.25 pounds per million Btu heat input.

(d) An owner or operator of a stationary internal combustion engine that is subject to the provisions of this rule and has a maximum rated heat input capacity that is the heat input at 80 degrees Fahrenheit at sea level and takes into account inlet and exhaust losses shall comply with the following NOx emission limits, as applicable:

(i) For a natural gas-fired stationary internal combustion engine - 14 grams of NOx per brake horsepower hour at rated output.

(ii) For a diesel-fired stationary internal combustion engine - 10 grams of NOx per brake horsepower hour at rated output.

(e) An owner or operator of a cement kiln that is subject to the provisions of this rule shall reduce kiln NOx emissions by any of the following methods:

(i) Low-NOx burners.

(ii) Mid-kiln system firing.

(iii) A 25% rate-based reduction of NOx from 1995 levels. Compliance with this paragraph is based on calculations showing that the emission rate, on a pounds of NOx per ton of clinker produced basis, during each compliance ozone control period, has been reduced below the 1995 ozone control period emission rate by 25%.

(f) An owner or operator of a stationary gas turbine that is subject to the provisions of this rule and which has a maximum rated heat input capacity that is the heat input at 80 degrees Fahrenheit at sea level and takes into account inlet and exhaust losses shall comply with an emission limit of 75 parts per million, dry volume, corrected to 15% oxygen, at rated capacity.

(4) The method for determining compliance with the emission limits in subrule (3) of this rule is as follows:

(a) If the emission limit is in the form of pounds of NOx per million Btu, then the unit is in compliance if the sum of the mass emissions from the unit that occurred during the ozone control period, divided by the sum of the heat input from the unit that occurred during the ozone control period, is less than or equal to the limit in subrule (3) of this rule.

(b) For an emission unit not subject to subdivision (a) of this subrule, the method for determining compliance must be a method acceptable to the department.

(5) The owner or operator of a boiler, process heater, stationary internal combustion engine, stationary gas turbine, cement kiln, or another stationary emission unit that is subject to the provisions of subrule (3) of this rule shall measure NOx emissions by any of the following:

(a) Performance tests described in subrule (6) of this rule.

(b) Through the use of a continuous emission monitor in accordance with the provisions of subrule (8) of this rule.

(6) An owner or operator of an emission unit that measures NOx emissions by performance tests as specified in subrule (5) of this rule shall do all of the following:

(a) Conduct an initial performance test not later than 90 days after the compliance deadline. For an emission unit that is not in service after the compliance deadline, the owner or operator shall contact the department and schedule an alternate initial performance test as agreed to by the department.

(b) After the initial performance test, conduct a compliance performance test each ozone control period or according to the following schedule:

(i) After 2 consecutive ozone control periods in which the emission unit demonstrates compliance, an owner or operator shall conduct performance tests at least once every 2 years during the ozone control period.

(ii) After a total of 4 consecutive ozone control periods in which the emission unit has remained in compliance, an owner or operator shall conduct performance tests at least once every 5 years during the ozone control period.

(c) If an emission unit is not in compliance at the end of an ozone control period, then the owner or operator shall conduct a compliance performance test each ozone control period, but may elect to use the alternative schedule specified in subdivision (b) of this subrule.

(d) An owner or operator shall submit 2 copies of each compliance performance test to the department within 60 days after completing the testing. The test results must be presented and include data as requested in the department format for submittal of source emission test plans and reports. All performance test reports must be kept on file at the plant and made available to the department on request.

(7) An owner or operator of an emission unit that is required to conduct performance testing under subrule (5) of this rule shall submit a test plan to the department, not less than 30 days before the scheduled test date. To ensure proper testing, the plan must supply the information in the department format for submittal of source emission test plans and reports. The owner or operator shall give the department a reasonable opportunity to witness the tests.

(8) An owner or operator of an emission unit that measures NOx emissions by a continuous emission monitoring system or an alternate method, as specified in subrule (5) of this rule, shall do either of the following:

(a) Use the procedures set forth in 40 CFR part 60, subpart A and appendix B, adopted by reference in R 336.1902 and comply with the quality assurance procedures in part 60, appendix F, adopted by reference in R 336.1902 or 40 CFR part 75, adopted by reference in R 336.1902 and associated appendices, as applicable and acceptable to the department.

(b) Use a previously installed continuous emission monitoring system to demonstrate compliance with this rule as long as the previously installed continuous emission monitoring system monitors NOx pursuant to other applicable federal, state, or local rules, meets the installation, testing, operation, calibration, and reporting requirements specified by those federal, state, or local rules, and is acceptable to the department.

(9) The owner or operator of an emission unit that is subject to this rule shall submit a summary report, in an acceptable format, to the department within 60 days after the end of each ozone control period. The report must include all of the following information:

(a) The date, time, magnitude of emissions, and emission rates where applicable, of the specified emission unit.

(b) If emissions or emission rates exceed the emissions or rates allowed for in the ozone control period by the applicable emission limit, the cause, if known, and any corrective action taken.

(d) For continuous emission monitoring systems, system performance information must include the date and time of each period during which the continuous monitoring system was inoperative, except for zero and span checks, and the nature of the system repairs or adjustments. When the continuous monitoring system has not been inoperative, repaired, or adjusted, the information must be stated in the report.

(10) Table 81 reads as follows:

TABLE 81

Boilers and process heaters with heat input capacity of 250 million Btu or more NO x emission limitations (pounds NO x per million Btu of heat input averaged over the ozone control period)

Fuel type Emission limit Natural gas 0.20 Distillate oil 0.30 Residual oil 0.40 Coal (1) Coal spreader stoker (2) Pulverized coal fired 0.40 0.40 Gas (other than natural gas) 0.25 For units operating with a combination of gas, oil, or coal, a variable emission limit calculated as the heat input weighted average of the applicable emission limits must be used. The emission limit is determined as follows:

Emission limit = a(0.20) + b(applicable oil limit) + c(applicable coal limit) + d(0.25)

Where: a = Is the percentage of total heat input from natural gas b = Is the percentage of total heat input from oil c = Is the percentage of total heat input from coal d = Is the percentage of total heat input from gas (other than natural gas)

This may include a mixture of gases. In this case, natural gas may be part of the mixture.

(11) The provisions of this rule do not apply to the following emission unit or units:

(a) A unit that is subject to NOx standards federal regulations under 40 CFR part 52 or part 60, which contain limits that are equivalent to the limits in this rule and have been approved in Michigan’s state implementation plan.

(b) A unit that is subject to another rule included in this part.

(c) A peaking unit. The owner or operator shall retain records of capacity for a period of 5 years demonstrating that the unit meets the definition of a peaking unit. The unit becomes subject to the provisions of this rule on January 1 of the year following failure to meet the peaking unit definition.

(d) A stationary gas turbine that is subject to a new source performance standard contained in 40 CFR part 60, subpart GG or KKKK, adopted by reference in R 336.1902.

**History**
- *History: 1998-2000 AACS; 2002 AACS; 2009 AACS; 2022 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 336.1802** Applicability under the oxides of nitrogen (NOx) budget program {#sec-r-336.1802 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1802}

Rule 802. (1) This rule establishes the applicability for a NOx budget program as described in these rules. Except as provided in subrule (2) of this rule, units that meet all of the following requirements are NOx budget units and are subject to the requirements of this rule and R 336.1810:

(a) Units that meet the definition of a NOx budget unit.

(b) Units that are located in the Michigan fine grid zone.

(2) A unit described in subrule (1) of this rule is not a NOx budget unit, if the unit has a federally enforceable permit that includes the following requirements, terms, and restrictions:

(a) A restriction on the unit to burn only natural gas or fuel oil during ozone control periods.

(b) A restriction of the unit's operation during each ozone control period by 1 of the following methods such that the unit's potential NOx mass emissions for the ozone control period are limited to 25 tons or less:

(i) By restricting the mass emissions to 25 tons or less of NOx as measured by a certified continuous emission monitoring system in accordance with 40 CFR 75.70 to 75.75, or, alternatively, 40 CFR 60.13, adopted by reference in R 336.1902.

(ii) By restricting the unit’s operating hours to no more than the number calculated by dividing 25 tons of potential NOx mass emissions by the unit’s maximum potential hourly NOx mass emissions. The maximum potential hourly NOx mass emissions are determined by multiplying a rate in either subparagraph (A) or (B) of this paragraph by the value in subparagraph (C) of this paragraph:

(A) The default NOx emission rate in 40 CFR 75.19, table LM-2, that would otherwise be applicable assuming that the unit burns only the type of fuel, for example, only natural gas or fuel oil, that has the highest default NOx emission factor of any type of fuel that the unit is allowed to burn under the fuel use restriction in subdivision (a) of this subrule.

(B) The maximum NOx emission rate established in accordance with 40 CFR 75.19(c)(1)(iv), which is adopted by reference in R 336.1902.

(C) The unit's maximum rated hourly heat input. The owner or operator of the unit may petition the department to use a lower value for the unit's maximum rated hourly heat input than the value as defined. The department may approve the lower value if the owner or operator demonstrates that the maximum hourly heat input specified by the manufacturer or the highest observed hourly heat input, or both, are not representative, and that the lower value is representative of the unit's current capabilities because modifications have been made to the unit limiting its capacity permanently.

(iii) By restricting the amount of fuel that can be used based on total heat input by dividing 25 tons by a NOx mass emission rate in either subparagraph (A) or (B) of paragraph (ii) of this subdivision and multiplying by the fuel heat content using the highest default gross calorific value under 40 CFR 75.19, table LM-5, and using a billing fuel flow meter or other fuel flow monitoring method device approved by the department to determine the quantity of fuel being used. 40 CFR part 75 is adopted by reference in R 336.1902.

(c) A requirement that the owner or operator of the unit shall retain records on site for a period of 5 years. The records must show hours of operation for units with the operating hours restriction, volumes of fuel burned and maximum default gross calorific values for units with the heat input restriction, continuous emission monitoring system data for units with the continuous emission monitoring system exemption, and all other information necessary to demonstrate that requirements of the permit related to these restrictions were met.

(d) A requirement that the owner or operator of the unit shall report the unit's hours of operation, heat input, or continuous emission monitoring system measured NOx emissions to the department by November 1 of each year for which the unit is subject to the federally enforceable permit incorporating the provisions of this subrule. If the hours of operation are required to be reported, the owner or operator shall treat any partial hour of operation as a whole hour of operation.

(3) The department shall notify the USEPA, in writing, within 30 days after either of the following scenarios:

(a) A unit is issued a federally enforceable permit under subrule (2) of this rule.

(b) Any of the following provisions apply to a unit's federally enforceable permit previously issued by the department under subrule (2) of this rule:

(i) The permit is revised to remove any restriction established pursuant subrule (2) of this rule.

(ii) The permit includes any restriction established pursuant to subrule (2) of this rule that is no longer applicable.

(iii) The permit conditions do not comply with any restriction.

(4) A unit must be treated as commencing operation on September 30 of the ozone control period in which either of the following conditions apply:

(a) The fuel use restriction, operating hours, or emissions restriction is no longer applicable.

(b) The unit does not comply with the fuel use restriction, operating hours, or emissions restriction.

**History**
- *History: 2002 AACS; 2004 AACS; 2022 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 336.1802a** Rescinded {#sec-r-336.1802a omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1802a}

**History**
- *History: 2007 AACS.; 2009 AACS; 2022 AACS.*

##### **Mich. Admin. Code R 336.1803** Definitions for the oxides of nitrogen (NOx) budget program {#sec-r-336.1803 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1803}

Rule 803. As used in R 336.1802 to R 336. 1818:

(a) “Administrator” means, for purposes of complying with reporting requirements in this part, both of the following:

(i) The USEPA for sources using 40 CFR part 75 monitoring requirements to comply.

(ii) The department for sources using 40 CFR part 60 or alternative monitoring requirements to comply.

(b) “Benchmark apportionment” means a point of reference against which the ozone control period NOx emissions from a NOx budget source will be compared if the state exceeds its ozone season budget of 2,209 tons.

(c) “Commence operation” means to have begun any mechanical, chemical, or electronic process, including, with regard to a unit, start-up of a unit's combustion chamber. Except as provided in R 336.1802(4) for a unit that is a NOx budget unit under R 336.1802(1) on the date of commencement of operation, the date remains the unit's date of commencement of operation even if the unit is subsequently modified, reconstructed, or repowered. Except as provided in R 336.180(4), for a unit that is not a NOx budget unit under R 336.1802(1) on the date of commencement of operation, the date the unit becomes a NOx budget unit under R 336.1802(1) is the unit's date of commencement of operation.

(d) “Continuous Emission Monitoring System” means the equipment used to sample, analyze, measure, and provide, by means of readings taken at least once every 15 minutes, using an automated data acquisition and handling system, DAHS, a permanent record of NOx emission rate, stack gas volumetric flow rate or stack gas moisture content, as applicable, in a manner consistent with 40 CFR part 75 or 40 CFR part 60, appendices B and F, as applicable.

(e) “Department” means the department of environment, Great Lakes, and energy.

(f) “Emissions” means air pollutants exhausted from a unit or source into the atmosphere, as measured, recorded, and reported to the administrator by the NOx authorized account representative as defined in 40 CFR part 97 or responsible official.

(g) “Fossil fuel” means natural gas, petroleum, coal, or any form of solid, liquid, or gaseous fuel derived from natural gas, petroleum, or coal.

(h) “Generator” means a device that produces electricity.

(i) “Heat input” means, with regard to a specified period of time, the product, in million Btu/time, of the gross calorific value of the fuel, in Btu/pound, divided by 1,000,000 Btu/million Btu and multiplied by the fuel feed rate into a combustion device, in pounds of fuel/time, as measured, recorded, and reported to the administrator by the NOx authorized account representative as defined in 40 CFR part 97 or responsible official. Heat input does not include the heat derived from preheated combustion air, recirculated flue gases, or exhaust from other sources.

(j) “Life-of-the-unit, firm power contractual arrangement” means a unit participation power sales agreement under which a utility or industrial customer reserves, or is entitled to receive, a specified amount or percentage of nameplate capacity and associated energy from any specified unit, and pays its proportional amount of such unit’s total costs, pursuant to a contract for the duration of 1 of the following:

(i) The life of the unit.

(ii) A cumulative term of no less than 30 years, including contracts that allow an election for early termination.

(iii) A period equal to or greater than 25 years or 70% of the economic useful life of the unit determined as of the time the unit is built, with option rights to purchase or release some portion of the nameplate capacity and associated energy generated by the unit at the end of the period.

(k) “Maximum design heat input” means the ability of a unit to combust a stated maximum amount of fuel per hour, in million Btu/hour, on a steady state basis, as determined by the physical design and physical characteristics of the unit.

(l) “Maximum potential hourly heat input” means an hourly heat input, in million Btu/hour, used for reporting purposes when a unit lacks certified monitors to report heat input for any unit that uses 40 CFR part 75 to comply with this part. If the unit intends to use 40 CFR part 75, appendix D, to report heat input, this value should be calculated, in accordance with 40 CFR part 75, using the maximum fuel flow rate and the maximum gross calorific value. If the unit intends to use a flow monitor and a diluent gas monitor, this value should be reported, in accordance with 40 CFR part 75, using the maximum potential flowrate and either the maximum carbon dioxide concentration, in CO2, or the minimum oxygen concentration, in percent O2.

(m) “Maximum rated hourly heat input” means a unit-specific maximum hourly heat input, in million Btu/hour, which is the higher of the manufacturer's maximum rated hourly heat input or the highest observed hourly heat input.

(n) "Michigan fine grid zone" means the geographical area that includes all of the following counties:

(i) Allegan.

(ii) Barry.

(iii) Bay.

(iv) Berrien.

(v) Branch.

(vi) Calhoun.

(vii) Cass.

(viii) Clinton.

(ix) Eaton.

(x) Genesee.

(xi) Gratiot.

(xii) Hillsdale.

(xiii) Ingham.

(xiv) Ionia.

(xv) Isabella.

(xvi) Jackson.

(xvii) Kalamazoo.

(xviii) Kent.

(xix) Lapeer.

(xx) Lenawee.

(xxi) Livingston.

(xxii) Macomb.

(xxiii) Mecosta.

(xxiv) Midland.

(xxv) Monroe.

(xxvi) Montcalm.

(xxvii) Muskegon.

(xxviii) Newaygo.

(xxix) Oakland.

(xxx) Oceana.

(xxxi) Ottawa.

(xxxii) Saginaw.

(xxxiii) Saint Clair.

(xxxiv) Saint Joseph.

(xxxv) Sanilac.

(xxxvi) Shiawassee.

(xxxvii) Tuscola.

(xxxviii) Van Buren.

(xxxix) Washtenaw.

(xl) Wayne.

(o) “Monitoring system” means any monitoring system, including an excepted monitoring system that meets the requirements of 40 CFR part 75, a continuous emissions monitoring system, an approvable monitoring system that meets the requirements of 40 CFR part 60, or an alternative monitoring system that has been approved by the department.

(p) “Nameplate capacity” means the maximum electrical generating output, in Mwe, that a generator can sustain over a specified period of time when not restricted by seasonal or other deratings as measured in accordance with the United States Department of Energy standards.

(q) “NOx budget source” means any source that has 1 or more NOx budget units.

(r) "NOx budget unit" means the following:

(i) For units that commenced operation before January 1, 1997, a unit that has a maximum design heat input of more than 250,000,000 Btu’s per hour and that did not serve during 1995 or 1996 a generator producing electricity for sale.

(ii) For units that commenced operation after January 1, 1997, and before January 1, 1999, a unit that has a maximum design heat input of more than 250,000,000 Btu's per hour and that did not serve during 1997 or 1998 a generator producing electricity for sale.

(iii) For units that commence operation after January 1, 1999, a unit that has a maximum design heat input of more than 250,000,000 Btu's per hour and to which either of the following provisions apply:

(A) The unit at no time serves a generator producing electricity for sale.

(B) The unit at any time serves a generator producing electricity for sale, if the generator has a nameplate capacity of 25 megawatts or less and has the potential to use not more than 50% of the potential electrical output capacity of the unit.

(iv) All units listed in 40 CFR 97, subpart E, appendix B, adopted by reference in R 336.1902, in this state, except those listed that have since been decommissioned, dismantled, or permanently retired.

(v) A unit that meets both of the following:

(A) Serves at any time a generator with a nameplate capacity greater than 25 megawatts producing electricity for sale.

(B) Qualifies for an exemption from the Cross-State Air Pollution Rule NOx Ozone Season Group 3 Trading Program as a cogeneration unit under 40 CFR 97.1004(b), adopted by reference in R 336.1902.

(s) “Operator” means a person that operates, controls, or supervises a NOx budget unit or a NOx budget source, and includes, but is not limited to, any holding company, utility system, or plant manager of such a unit or source.

(t) “Owner” means any of the following:

(i) Any holder of any portion of the legal or equitable title in a NOx budget unit.

(ii) Any holder of a leasehold interest in a NOx budget unit. However, “owner” must not include a passive lessor, or a person that has an equitable interest through such lessor, whose rental payments are not based, either directly or indirectly, on the revenues or income from the NOx budget unit, unless expressly provided for in a leasehold agreement.

(iii) Any purchaser of power from a NOx budget unit under a life-of-the-unit, firm power contractual arrangement.

(u) "Ozone control period" means the period of May 1 to September 30.

(v) “Potential electrical output capacity” means 33% of a unit's maximum design heat input.

(w) “Receive” or “receipt of” means, when referring to the permitting authority or the administrator, to come into possession of a document, information, or correspondence, either in writing or through an authorized electronic transmission, as indicated in an official correspondence log, or by a notation made on the document, information, or correspondence, by the permitting authority or the administrator in the regular course of business.

(x) “Source” means any governmental, institutional, commercial, or industrial structure, installation, plant, building, or facility that emits or has the potential to emit any regulated air pollutant under the clean air act, 42 USC 7401 to 7671q. For purposes of section 502(c) of the clean air act, 42 USC 7661a, a source, including a source with multiple units, is considered a single facility.

(y) “Submit” or “serve” means to send or transmit a document, information, or correspondence to the person specified in accordance with the applicable regulation, as follows:

(i) In person.

(ii) By United States Postal Service.

(iii) By other means of dispatch or transmission and delivery. Compliance with any submission, service, or mailing deadline is determined by the date of dispatch, transmission, or mailing and not the date of receipt.

(z) “Ton” or “tonnage” means any short ton or 2,000 pounds. For the purpose of determining the NOx emissions, total tons for an ozone control period is calculated as the sum of all recorded hourly emissions, or the tonnage equivalent of the recorded hourly emissions rates, with any remaining fraction of a ton equal to or greater than 0.50 ton deemed to equal 1 ton and any fraction of a ton less than 0.50 ton deemed to equal zero tons.

(aa) “Unit” means a fossil fuel-fired stationary boiler, combustion turbine, or combined cycle system that meets any of the following criteria:

(i) For units that commenced operation before January 1, 1996, the combustion of fossil fuel, alone or in combination with another fuel, where fossil fuel actually combusted comprises more than 50% of the annual heat input on a Btu basis during 1995, or, if a unit had no heat input in 1995, during the last year of operation of the unit before 1995.

(ii) For units that commenced operation after January 1, 1996 and before January 1, 1997, the combustion of fossil fuel, alone or in combination with another fuel, where fossil fuel actually combusted comprises more than 50% of the annual heat input on a Btu basis during 1996.

(iii) For units that commence operation after January 1, 1997, either of the following apply:

(A) The combustion of fossil fuel, alone or in combination with another fuel, where fossil fuel actually combusted comprises more than 50% of the annual heat input on a Btu basis during any year.

(B) The combustion of fossil fuel, alone or in combination with another fuel, where fossil fuel is projected to comprise more than 50% of the annual heat input on a Btu basis during a year, provided that the unit must be fossil fuel-fired as of the date, during such year, on which the unit begins combusting fossil fuel.

(cc) “USEPA” means the United States Environmental Protection Agency.

**History**
- *History: 2002 AACS; 2007 AACS; 2009 AACS; 2022 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 336.1804** Rescinded {#sec-r-336.1804 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1804}

**History**
- *History: 2002 SSVD; 2004 AACS; 2022 AACS.*

##### **Mich. Admin. Code R 336.1805** Rescinded {#sec-r-336.1805 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1805}

**History**
- *History: 2002 AACS; 2022 AACS.*

##### **Mich. Admin. Code R 336.1806** Rescinded {#sec-r-336.1806 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1806}

**History**
- *History: 2002 AACS; 2022 AACS.*

##### **Mich. Admin. Code R 336.1807** Rescinded {#sec-r-336.1807 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1807}

**History**
- *History: 2002 AACS; 2022 AACS.*

##### **Mich. Admin. Code R 336.1808** Rescinded {#sec-r-336.1808 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1808}

**History**
- *History: 2002 AACS; 2022 AACS.*

##### **Mich. Admin. Code R 336.1809** Rescinded {#sec-r-336.1809 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1809}

**History**
- *History: 2002 AACS; 2022 AACS.*

##### **Mich. Admin. Code R 336.1810** Allowance benchmark apportionments under the oxides of nitrogen (NOx) budget program {#sec-r-336.1810 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1810}

Rule 810. (1) The department shall establish a budget program for the ozone control period for NOx budget units located within the Michigan fine grid zone. Total NOx emission benchmark apportionments are limited to 2,209 tons for each ozone control period.

(2) Pursuant to R 336.1802(1), the department shall establish a benchmark apportionment of NOx emissions for each NOx budget unit and source that will be used for comparison to actual NOx emissions from the NOx budget units at the source. The benchmarks will be apportioned and maintained as follows:

(a) For NOx budget units that commence operation before May 1, 2020 the sum of the benchmark apportionments will be 1,699 tons, subject to decrease because of unit retirements as described in subdivision (d) of this subrule.

(b) For any new NOx budget unit commencing operation after May 1, 2020, the department shall establish a benchmark apportionment from the new unit set-aside pool for each ozone control period. The initial amount of the new unit set aside pool will be 510 tons, subject to increase because of unit retirements as described in subdivision (d) of this subrule.

(c) Benchmark apportionments for all NOx budget units and sources are maintained and made available by the department and updated annually by April 1. These benchmark apportionments are established according to the requirements described in subrule subdivisions (a), (b), and (d) of this subrule, and are based on a combination of federally enforceable permit limits, maximum nameplate capacities with an appropriate emission factor, physical limitations, and other attributes of the unit or process as applicable. The department establishes a benchmark apportionment for each active NOx budget unit that is summed by source to create a NOx budget source total benchmark apportionment. Bases for the established benchmark apportionments and adjustments to the amount of the new unit set aside pool and the sum of the benchmark apportionments for NOx budget units that commenced operation before May 1, 2020 are included with the benchmark apportionment information that is made available.

(d) The amount of the new unit set- aside pool and the sum of the benchmark apportionments for NOx budget units that commenced operation before May 1, 2020 are updated as appropriate in the following ways:

(i) For any new NOx budget unit as described in subdivision (b) of this subrule, the department shall establish a benchmark apportionment for the ozone control period based on a federally enforceable NOx emission limit in a permit to install. The department shall include appropriate monitoring, recordkeeping, and reporting requirements for ozone season NOx emissions within the issued permit.

(ii) For a NOx budget unit that commenced operation before May 1, 2020, and that is permanently retired, the responsible official for the NOx budget source shall do 1 of the following:

(A) Notify the department’s air quality division within 30 days after the NOx budget unit’s permanent retirement and not emit any NOx from the retired unit starting on the date that the unit is permanently retired. They shall then have its corresponding benchmark apportionments revoked and added to the new unit set aside pool described in subdivision (b) of this subrule at the end of the calendar year unless the facility meets the requirements of subparagraph (B) of this paragraph. The sum of the benchmark apportionments for all NOx budget units that commenced operation before May 1, 2020 shall be reduced accordingly.

(B) Identify at the time of retirement of any NOx budget unit that commenced operation before May 1, 2020 if the facility would like to transfer the retired units’ benchmark apportionments to new units installed in the same ozone season.

(iii) If ownership of a NOx budget unit is transferred as described in R 336.1219, all associated unit benchmark apportionments transfer with the unit to the new owner.

(3) The owner or operator of a NOx budget unit shall monitor and record NOx emissions during the ozone control period using 1 of the following methods:

(a) In accordance with 40 CFR part 75 monitoring requirements that include, but are not limited to, data substitution procedures and monitoring and reporting requirements. The owner or operator shall report to the USEPA’s clean air markets division the information required by 40 CFR part 75 and the department the information required in subrule (4) of this rule. If this approach is followed, a responsible official must be authorized to certify each submission and may delegate the responsible official’s authority in accordance with 40 CFR part 97, subpart B, adopted by reference in R 336.1902.

(b) The owner or operator may make a request to the department to monitor and record NOx emissions in accordance with methodologies acceptable under 40 CFR part 60. The owner or operator shall submit a monitoring plan to the department to be approved describing how the amount of NOx emissions in tons per ozone control period are determined from the 40 CFR part 60 NOx emission rate data. The owner or operator shall report to the department the information as described in the approved plan and the information in subrule (4) of this rule.

(c) The owner or operator of a NOx budget unit that is natural gas-fired and whose NOx mass emissions is 25 tons or less over each of the 3 previous ozone seasons may opt for alternative monitoring and recordkeeping. Except as provided in paragraph (iii) of this subdivision, those choosing this option shall notify the department of their intention before the next ozone season to use the following alternative monitoring and recordkeeping methods:

(i) The hourly NOx mass emissions are determined by multiplying a rate in either subparagraph (A) or (B) of this paragraph by the unit's maximum rated hourly heat input, except as allowed in subparagraph (C) of this paragraph:

(A) The default NOx emission rate of 1.5 lbs/million Btu for boilers or 0.7 lbs/million Btu for combustion turbines.

(B) The maximum NOx emission rate established through stack testing in accordance with 40 CFR 75.19(c)(1)(iv) or a similar stack testing methodology using USEPA reference methods. If this approach is followed, ongoing stack tests must be conducted not less than once every 5 years after the date of the previous stack test for units still in operation.

(C) The owner or operator of the NOx budget unit may petition the department to use a lower value for the unit's maximum rated hourly heat input as described in R 336.1802(2)(b)(ii)(C).

(ii) The owner or operator of the NOx budget unit shall retain records on site for a period of 5 years. The records must show, as applicable, the hourly NOx mass emissions, hours of operation, hourly volumes of fuel burned and maximum default gross calorific values, continuous emission monitoring system data, and all other information necessary to demonstrate the amount of NOx emitted during the ozone season.

(iii) Any NOx budget unit that is natural gas-fired and has less than 3 years of NOx mass emissions of 25 tons or less may petition the department to use alternative monitoring and recordkeeping as allowed in this subdivision. The petition must include all the reasons why the projected NOx emissions for the next ozone season will remain at 25 tons or less. The petition must be approved by the department before using the alternative monitoring and recordkeeping methods described in this subrule.

(iv) Any NOx budget unit that is using this alternative monitoring and recordkeeping method and exceeds 25 tons for the ozone season must comply with either subdivision (a) or (b) of this subrule starting with the next ozone season. Once the unit has 3 consecutive years of data showing emissions of 25 tons or less, the owner or operator may request to the department to use the alternative monitoring and recordkeeping methods described in this subdivision before the next ozone season.

(4) The owner or operator of a NOx budget unit shall submit to the department all the following information by November 1 each year:

(a) The type of each unit subject to this rule with an identifying name or number, or both.

(b) The name and address of the plant where the unit is located.

(c) The name and telephone number of the responsible official or their authorized representative responsible for demonstrating compliance with this rule.

(d) A report documenting, to the satisfaction of the department, each subject unit’s hours of operation, heat input, total NOx emissions for the ozone control period and related materials that include, but are not limited to, the amount of fuel used, types of fuels burned, emission factor verified or revised by most recent stack test, and other information that was used to determine total NOx emissions for the ozone season, as applicable. For the purposes of this rule, this information must be used to determine “actual NOx emissions” for NOx budget units.

(e) Following any ozone control period in which a unit located in an area designated as non-attainment for an ozone standard as of the end of the ozone control period exceeds its unit benchmark apportionment, a report documenting, to the satisfaction of the department, a description of reasons for the exceedance of the benchmark and actions taken to meet benchmark apportionment levels in the future.

(f) A certification by a responsible official or their authorized representative that states, based on information and belief formed after reasonable inquiry, the statements and information in the report are true, accurate, and complete.

(5) Following any ozone control period in which the total actual NOx emissions of all NOx budget units exceed 2,209 tons, both of the following must occur:

(a) Each source’s total actual NOx emissions from NOx budget units must be compared to its source total benchmark apportionment as described and established in subrule (2) of this rule.

(b) Within 30 days after receipt of a request by the department, each source that was determined to be exceeding its source total benchmark apportionment must submit a report to the department that includes the following:

(i) An explanation of the circumstances that caused the source to exceed its benchmark apportionment.

(ii) An approvable plan describing what actions will be taken to prevent recurrences.

This plan must contain a timeline of all actions to take place in response to the exceedance.

(iii) A source exceeding its benchmark apportionment that does not already have a permit to install with federally enforceable NOx emission limits for the ozone season shall apply for and obtain such a permit.

**History**
- *History: 2002 AACS; 2022 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 336.1811** Rescinded {#sec-r-336.1811 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1811}

**History**
- *History: 2002 AACS; 2004 AACS; 2022 AACS.*

##### **Mich. Admin. Code R 336.1812** Rescinded {#sec-r-336.1812 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1812}

**History**
- *History: 2002 AACS; 2022 AACS.*

##### **Mich. Admin. Code R 336.1813** Rescinded {#sec-r-336.1813 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1813}

**History**
- *History: 2002 AACS; 2022 AACS.*

##### **Mich. Admin. Code R 336.1814** Rescinded {#sec-r-336.1814 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1814}

**History**
- *History: 2002 AACS; 2022 AACS.*

##### **Mich. Admin. Code R 336.1815** Rescinded {#sec-r-336.1815 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1815}

**History**
- *History: 2002 AACS; 2022 AACS.*

##### **Mich. Admin. Code R 336.1816** Rescinded {#sec-r-336.1816 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1816}

**History**
- *History: 2002 AACS; 2022 AACS.*

##### **Mich. Admin. Code R 336.1817** Rescinded {#sec-r-336.1817 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1817}

**History**
- *History: 2002 AACS; 2022 AACS.*

##### **Mich. Admin. Code R 336.1818** Emission limitations for the oxides of nitrogen (NOx) SIP call for stationary internal combustion engines {#sec-r-336.1818 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1818}

Rule 818. (1) As used in this rule:

(a) "Affected engine" means a stationary internal combustion engine that is a large NOx SIP call engine, or another stationary internal combustion engine that is subject to NOx control under a compliance plan established under subrule (3) of this rule.

(b) "Diesel engine" means a compression ignited 2- or 4-stroke engine in which liquid fuel injected into the combustion chamber ignites when the air has been compressed to a temperature sufficiently high for auto-ignition.

(c) "Dual fuel engine" means any stationary reciprocating internal combustion engine in which a liquid fuel, typically diesel fuel, is used for compression ignition and gaseous fuel, typically natural gas, is used as the primary fuel.

(d) "Engine seasonal NOx 2007 tonnage reduction" means the year 2007 ozone control period NOx emissions reductions value, tons, for a large NOx SIP call engine, which is based on an NOx control efficiency of 82% for large gas-fired engines and 90% for diesel and dual-fuel engines.

(e) "Facility seasonal NOx 2007 tonnage reduction" means the total of the engine ozone control period NOx 2007 tonnage reductions attributable to all of an owner or operator's large NOx SIP call engines.

(f) "Large NOx SIP call engine" means a stationary internal combustion engine emitting more than 1 ton of NOx per average ozone control period day in 1995.

(g) "Lean-burn engine" means any 2- or 4-stroke spark-ignited engine that is not a richburn engine.

(h) "Ozone control period" means the period of May 1 to September 30.

(i) "Past NOx emission rate" means the emission rate of an affected engine in grams per brake horsepower-hour as determined by performance testing consistent with the requirements of 40 CFR part 60, appendix A, as adopted by reference in R 336.1902.

Where the performance test data are not available, the past NOx emission rate may be determined by the department on a case-by-case basis using, for example, appropriate emission factors. For large NOx SIP call engines, the past NOx emission rate is the uncontrolled emission rate.

(j) "Projected operating hours" means the projected actual number of hours of operation per ozone control period for an affected engine.

(k) "Projected NOx emission rate" means the projected emission rate in grams per brake horsepower-hour after installation of controls on an affected engine.

(l) "Rich-burn engine" means a spark-ignited stationary internal combustion engine in which the concentration of oxygen in the exhaust stream before any dilution is 1% or less measured on a dry basis.

(m) "Stationary internal combustion engine" means an internal combustion engine of the reciprocating type that is either attached to a foundation at a facility or is designed to be capable of being carried or moved from 1 location to another and remains at a single site at a building, structure, facility, or installation for more than 12 consecutive months. An engine, or engines, that replaces an engine at a site that is intended to perform the same or similar function as the engine replaced is included in calculating the consecutive time period.

(2) The requirements of this rule apply to the owner or operator of a large NOx SIP call engine located in the Michigan fine grid zone.

(3) An owner or operator of a large NOx SIP call engine shall not operate the engine in the ozone control period unless the owner or operator complies with either the requirements of a compliance plan that meets the following provisions or the emission rate limitations expressed as NOx listed in subdivision (b) of this subrule:

(a) Compliance plan includes the following:

(i) Must be approved by the department.

(ii) Must demonstrate enforceable emission reductions from 1 or more stationary internal combustion engines equal to or higher than the facility seasonal NOx 2007 tonnage reduction.

(iii) May cover some or all engines at an individual facility or at several facilities or at all facilities in the Michigan fine grid zone that are under control of the same owner or operator.

(iv) Must include the following items:

(A) A list of affected engines, including the engine's manufacturer, model, facility location address, and facility state registration number.

(B) The projected ozone control period hours of operation for each affected engine and supporting documentation.

(C) A description of the NOx emissions control installed, or to be installed, on each affected engine and documentation to support the projected NOx emission rates.

(D) The past and projected NOx emission rates for each affected engine in grams per brake horsepower-hour.

(E) A numerical demonstration that the emission reductions obtained from all affected engines will be equivalent to or greater than the owner or operator's facility seasonal NOx 2007 tonnage reduction, based on the difference between the past NOx emission rate and the projected NOx emission rate multiplied by the projected operating hours for each affected engine.

(F) Provisions for monitoring, reporting, and recordkeeping for each affected engine.

(v) The projected NOx emission rate in grams per brake horsepower-hour for each affected engine must be included in a federally enforceable permit.

(b) The following are NOx emission rate limitations:

(i) Rich-burn, 1.5 grams per brake horsepower per hour.

(ii) Lean-burn, 3.0 grams per brake horsepower per hour.

(iii) Diesel, 2.3 grams per brake horsepower per hour.

(iv) Dual fuel, 1.5 grams per brake horsepower per hour.

(4) An owner or operator subject to the requirements of subrule (3) of this rule shall comply with the following requirements:

(a) Each affected engine subject to this rule must perform monitoring sufficient to yield reliable data for each ozone control period that is representative of a source's compliance with the projected NOx emission rate in subrule (3)(a) of this rule or the emission rate limit specified in subrule (3)(b) of this rule. The monitoring may include 1 of the following:

(i) Performance tests consistent with either of the applicable provisions of 40 CFR part 60 or part 75 adopted by reference in R 336.1902. An owner or operator of an affected engine shall submit a test plan to the department not less than 30 days before the scheduled test date. To ensure proper testing, the plan must supply the information in the department format for submittal of source emission test plans and reports. The owner or operator shall give the department a reasonable opportunity to witness the tests. An owner or operator shall submit 2 copies of each compliance performance test to the department within 60 days after completion of the testing. The test results must be presented and include data as requested in the department format for submittal of source emission test plans and reports.

(ii) A parametric monitoring program that specifies operating parameters, and their ranges, that provides reasonable assurance that each engine's emissions are consistent with the requirements of subrule (3) of this rule.

(iii) A predictive emissions measurement system that relies on automated data collection from instruments.

(iv) A continuous emission monitoring system that complies with the procedures set forth in 40 CFR part 60, subpart A and appendix B, and with the quality assurance procedures in 40 CFR part 60, appendix F; or 40 CFR part 75, as applicable and acceptable to the department. An owner or operator of an emission unit that elects this option shall submit a monitoring plan to the department not less than 30 days before installation. The owner or operator shall provide the department with a 30-day notice before a relative accuracy test audit.

(b) Recordkeeping requirements are as follows:

(i) Maintain all records necessary to demonstrate compliance with the requirements of this rule for a period of 5 calendar years at the plant at which the affected engine is located.

The records must be made available to the department and the USEPA upon request.

(ii) For each engine subject to the requirements of this rule, the owner or operator shall maintain records of all of the following:

(A) Identification and location of each engine subject to the requirements of this subrule.

(B) Calendar date of record.

(D) Type and quantity of fuel used.

(E) The results of all compliance tests.

(c) An owner or operator subject to the requirements of this rule shall submit the results of all compliance tests to the department within 60 days after the completion of the testing.

**History**
- *History: 2006 AACS; 2022 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 336.1821** Rescinded {#sec-r-336.1821 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1821}

**History**
- *History: 2007 AACS; 2009 AACS; 2022 AACS.*

##### **Mich. Admin. Code R 336.1822** Rescinded {#sec-r-336.1822 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1822}

**History**
- *History: 2007 AACS.; 2009 AACS; 2022 AACS.*

##### **Mich. Admin. Code R 336.1823** Rescinded {#sec-r-336.1823 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1823}

**History**
- *History: 2007 AACS.; 2009 AACS; 2022 AACS.*

##### **Mich. Admin. Code R 336.1824** Rescinded {#sec-r-336.1824 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1824}

**History**
- *History: 2007 AACS; 2022 AACS.*

##### **Mich. Admin. Code R 336.1825** Rescinded {#sec-r-336.1825 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1825}

**History**
- *History: 2007 AACS; 2022 AACS.*

##### **Mich. Admin. Code R 336.1826** Rescinded {#sec-r-336.1826 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1826}

**History**
- *History: 2007 AACS; 2022 AACS.*

##### **Mich. Admin. Code R 336.1830** Rescinded {#sec-r-336.1830 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1830}

**History**
- *History: 2007 AACS.; 2009 AACS; 2022 AACS.*

##### **Mich. Admin. Code R 336.1831** Rescinded {#sec-r-336.1831 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1831}

**History**
- *History: 2007 AACS.; 2009 AACS; 2022 AACS.*

##### **Mich. Admin. Code R 336.1832** Rescinded {#sec-r-336.1832 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1832}

**History**
- *History: 2007 AACS.; 2009 AACS; 2022 AACS.*

##### **Mich. Admin. Code R 336.1833** Rescinded {#sec-r-336.1833 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1833}

**History**
- *History: 2007 AACS.; 2009 AACS; 2022 AACS.*

##### **Mich. Admin. Code R 336.1834** Rescinded {#sec-r-336.1834 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1834}

**History**
- *History: 2007 AACS; 2022 AACS.*

##### **Mich. Admin. Code R 336.1840** Definitions for the NOx RACT rules {#sec-r-336.1840 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1840}

Rule 840. As used in R 336.1841 to R 336.1846:

(a) “2015 ozone nonattainment areas” means collectively the nonattainment area of Berrien County, the nonattainment area of the western portion of Allegan County, and the nonattainment area of the western portion of Muskegon County.

(b) “Engine test cell” or “engine test stand” means a combustion device and its associated apparatus used to develop, characterize, and test uninstalled engines for operational and emission specifications.

(c) “Equal to or more stringent than” means the pollutant, units of measurement, time periods, operating scenarios, equipment, monitoring, and recordkeeping, as applicable, of 1 standard or requirement can be established to be at least as stringent as that of a second standard or requirement.

(d) “Gaseous fuels” means propane, natural, digester, landfill, and coke oven gas.

(e) “Liquid fuels” means residual and distillate fuel oils, and liquid biomass.

(f) “MMBtu” means million British thermal units.

(g) “NOx” means oxides of nitrogen.

(h) “RACT” means Reasonably Available Control Technology.

(i) “Solid fuels” means coal, pet coke, tire-derived material, wood, and solid biomass.

(j) “Tune-up” means adjustments made to an engine or boiler in accordance with procedures supplied by the manufacturer, vendor, or as applicable, certified, or licensed specialist to optimize the combustion efficiency or performed in accordance with 40 CFR part 63, subpart DDDDD or JJJJJJ.

(k) “Western portion of Allegan County” means the areas located in Allegan County described as Casco Township, Cheshire Township, city of Douglas, city of Holland, city of Saugatuck, Clyde Township, Fillmore Township, Ganges Township, Heath Township, Laketown Township, Lee Township, Manlius Township, Overisel Township, Saugatuck Township, and Valley Township.

(l) “Western portion of Muskegon County” means the areas located in Muskegon County described as Blue Lake Township; city of Montague; city of Muskegon; city of Muskegon Heights; city of North Muskegon; city of Roosevelt Park; city of Whitehall; Dalton Township, including village of Lakewood Club; Fruitland Township; Fruitport Township, including village of Fruitport; Laketon Township; Montague Township; Muskegon Township; city of Norton Shores; White River Township; and Whitehall Township.

**History**
- *History: 2025 AACS.*

##### **Mich. Admin. Code R 336.1841** RACT emission limitations for engines {#sec-r-336.1841 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1841}

Rule 841. (1) As used in this rule:

(a) “Certified engine operating in a non-certified manner” means an engine not operated and maintained according to the manufacturer's emission-related written instructions or if no manufacturer emission-related instructions were provided.

(b) “Engine” means any reciprocating internal combustion engine that uses reciprocating motion to convert heat energy into mechanical work and is not mobile. An engine test cell or engine test stand and any associated apparatus are not considered engines for the purpose of this rule.

(2) A person is subject to this rule and shall not cause or allow the emission of NOx from the combustion of fuels in an engine or its replacement unit in excess of the requirements of this rule at facilities meeting either of the following criteria:

(a) Located in the 2015 ozone nonattainment areas and either of the following:

(i) A stationary source with a potential to emit of 100 tons per year or greater of NOx from all combined NOx sources upon the effective date of this rule.

(ii) Any engine manufactured after the effective date of this rule.

(b) Has at any time been subject to the requirements of this rule or becomes subject as part of a normal maintenance program that meets the exemption requirements of R 336.1285(2)(a)(vi). The requirements in this rule, at a minimum, must permanently apply regardless of any change in the attainment or maintenance status of the stationary source location or the potential to emit of the stationary source, when the engine is located at the stationary source.

(3) Engines may utilize the following exemptions from all provisions of this rule except subrule (6)(d). If an exemption is utilized, all applicable requirements of R 336.1846 must be met. All provisions of this rule apply if the engine is not utilizing an exemption listed below:

(a) Engines less than 300 horsepower, HP.

(b) Emergency engines as described in 40 CFR 63.6640(f) and 63.6675.

(c) Engines subject to federal regulations under 40 CFR part 60, 40 CFR part 61, or 40 CFR part 63, if the applicable regulations are included in the SIP and have equivalent standards established to be equal to or more stringent than the requirements and limits of subrule (4) of this rule.

(d) Engines used for research and development.

(e) Engines with a federally enforceable limit of 100 hours per 12-month rolling time period.

(f) Black start engines whose only purpose is to start up combustion turbines and all associated equipment.

(4) Except as allowed by R 336.1845 or as required by subrule (7) of this rule, a person that generates NOx emissions from the use of an engine shall meet the following limits within table 841 on and after the effective date of this rule, as applicable:

TABLE 841

NOx emission limits for internal combustion engines.

Engine type Grams of NOx per brake horsepower-hour Any engine from 300 HP to 500 HP N/A Compression ignition Greater than 500 HP Spark ignition, natural gas burning engines 2 stroke greater than 500 HP 4 stroke from 500 HP to 1000 HP 4 stroke greater than 1000 HP 1.5 Spark ignition greater than 500 HP using gaseous fuels other than natural gas (5) Compliance and monitoring with this rule must be determined using 1 of the following methods:

(a) Maintain engine certification according to procedures specified in 40 CFR part 60, subpart IIII, JJJJ, or ZZZZ, as applicable, for the same model year which includes, but is not limited to:

(i) Operate and maintain the certified engine and, if applicable, control device according to the manufacturer's emission-related written instructions.

(ii) Use diesel fuel with a sulfur content not to exceed 15 parts per million or natural gas, as applicable.

(b) For a non-certified engine or a certified engine operating in a non-certified manner, a person subject to this rule shall meet the following requirements:

(i) Create and implement an approvable maintenance plan for the engine. The plan must contain, at a minimum, the maintenance requirements of 40 CFR part 63, subpart ZZZZ, which includes, among other requirements, the conditions of inspection, the frequency of inspections, operating parameters to be monitored and their normal operating ranges, major replacement parts that must be maintained in inventory and a description of corrective procedures or operational changes that must be taken in the event of a malfunction or failure to comply with applicable emission limits.

(ii) To the extent practicable, maintain and operate the engine in a manner consistent with good air pollution control practice for minimizing emissions at all times, including during startup, shutdown, and malfunction. The department shall determine compliance with this requirement based on information that may include, but is not limited to, monitoring results and review of operation and maintenance procedures and records.

(iii) For emission units subject to an emission rate limit specified in subrule (4) of this rule, compliance must be determined by 1 of the following:

(A) If a performance test has not been done within the last 18 months before the effective date of this rule, the person subject to this rule shall conduct an initial performance test, acceptable to the department, to demonstrate the required emission rate limit within 180 days after the effective date of this rule, or within 30 days after startup if the unit is not operating. An acceptable performance test must then be completed every 24 months, from the date of the last test, consistent with the requirements of R 336.2004. The 24-month frequency may be increased to once every 5 years when the most recent test results are 75% of the limit and the source certifies no other tests or information indicates a value over 75% of the limit.

(B) The person subject to this rule shall submit to the department for approval a monitoring plan describing how the NOx emissions shall be monitored. The monitoring plan must include how the performance of periodic monitoring is sufficient to yield reliable data from relevant time periods representative of the source’s compliance with the emission rates specified in subrule (4) of this rule. The periodic monitoring may include the following:

(I) Performance test results consistent with the requirements of R 336.2004, or portable monitors using ASTM D6522, adopted by reference in R 336.1902. The protocol must be submitted as required under R 336.2001.

(II) A parametric monitoring program that specifies operating parameters and ranges providing reasonable assurance that each engine’s emissions are consistent with the requirements of this rule.

(III) A predictive emissions measurement system that relies on automated data collection from instruments.

(IV) A continuous emission monitoring system that complies with 40 CFR part 60 or part 75, both adopted by reference in R 336.1902.

(6) A person subject to this rule shall obtain current information and maintain records for all requirements or exemptions in sufficient detail to determine compliance. The information and records must be made available to the department upon request. The information and records must, at a minimum, include the following:

(a) The installation date of the engine.

(b) For non-certified engines or certified engines operating in a non-certified manner, the following:

(i) The maintenance plan.

(ii) All associated maintenance records for a minimum of 5 years.

(iii) Either the results of the most recent stack test or a minimum of 5 years of all monitoring data necessary to demonstrate compliance with the limits and requirements in subrule (4) of this rule, or both, as applicable.

(iv) The manufacture date, if available.

(c) For certified engines, documentation from the manufacturer that the engine is certified to meet the emission standards and the manufacture date.

(d) If the provisions of this rule are not applicable as allowed by subrule (3), all information necessary to demonstrate that the equipment meets the exemption being utilized.

(7) If records are not requested by the department for any 3-year rolling period, the facility will submit a report to the department with information and records in sufficient detail to determine compliance with the limits in this rule.

(8) A person that generates NOx emissions from the use of an engine located in the 2015 ozone nonattainment area shall meet the following limits within table 841a 12 months after the effective date of a final determination by the USEPA, under section 182(c)(9) of the clean air act, 42 USC 7511a, for either of the following elements of the 2015 ozone National Ambient Air Quality Standard:

(a) The USEPA makes a determination that reasonable further progress as described in Michigan’s approved state implementation plan was not achieved.

(b) The USEPA makes a determination that the area failed to attain the standard by the applicable attainment date.

TABLE 841a NOx emission limits for internal combustion engines.

Engine type Grams of NOx per brake horsepower-hour Compression Ignition Greater than 500 HP 2.5 Spark ignition, natural gas burning engines 2 stroke greater than 500 HP 4 stroke from 500 HP to 1000 HP 4 stroke greater than 1000 HP 2.5 2.5 1.0 Spark Ignition greater than 500 HP using landfill, digester, or other gaseous fuels 2.5

**History**
- *History: 2025 AACS.*

##### **Mich. Admin. Code R 336.1842** RACT emission limitations for boilers {#sec-r-336.1842 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1842}

Rule 842. (1) As used in this rule:

(a) “Boiler” means an enclosed device using controlled flame combustion and having the primary purpose of recovering thermal energy in the form of steam or hot water.

(b) “Limited use boiler” means a boiler that burns an amount of solid, liquid, or gaseous fuels and has a federally enforceable annual capacity factor of no more than 10%.

(2) A person shall not cause or allow the emission of NOx from the combustion of fuels in boilers in excess of the requirements of this rule at facilities meeting either of the following criteria:

(a) Located in the 2015 ozone nonattainment areas and either of the following:

(i) A stationary source with a potential to emit 100 tons per year or greater of NOx from all combined NOx sources upon the effective date of this rule.

(ii) A emission unit installed after the effective date of this rule.

(b) Has at any time been subject to the requirements of this rule. The requirements in this rule, at a minimum, must permanently apply regardless of any change in the attainment or maintenance status of the stationary source location or the potential to emit of the stationary source.

(3) If an exemption is utilized, all applicable requirements of R 336.1846 must be met. If the boiler is not utilizing an exemption listed below, all provisions of this rule apply.

Boilers may utilize the following exemptions from all provisions of this rule except subrule (8)(d):

(a) Boilers with a heat input capacity rating of less than 20 MMBtu/hr.

(b) Boilers subject to federal regulations under 40 CFR part 60, part 61, or part 63 if the applicable regulations are included in the state implementation plan and have equivalent standards established to be equal to or more stringent than the requirements and limits of subrule (4) of this rule.

(4) Except as allowed under R 336.1845, or as required by subrule (10) of this rule, a person that generates NOx emissions from the use of a subject boiler shall meet the following provisions on and after the effective date of this rule, as applicable:

(a) The following NOx limits within table 842:

TABLE 842

NOx emission limits for boilers Fuel Type Lbs of NOx per million Btu of heat input on hourly basis a All boilers: > 20 MMBTU/hr =< 50 MMBtu/hr N/A Gaseous fuels: > 50 MMBtu/hr 0.10 Distillate Oil: > 50 MMBtu/hr 0.12 Residual Oil: > 50 MMBtu/hr 0.25 Solid fuels: > 50 MMBtu/hr, < 100 MMBtu 0.35 Solid fuels: => 100 MMBtu 0.25 a Except for alternative averaging periods as allowed in subrule (7)(b)of this rule.

(b) A boiler installed after the effective date of this rule must utilize a low NOx burner, equivalent technology, or better technology.

(c) For emission units operating with a combination of gas, oil, or other fuels, a variable emission limit calculated as the heat input weighted average of the applicable emission limits must be used. The emission limit must be determined as follows:

Emission limit = ∑ (푃푖)(퐿푖) 푛 푖=1 Where:

Pi = Percentage of total heat input from fuel listed in table 842 on a 24-hr basis Li = Applicable limit for fuel listed in table 842 n = Number of different fuel types (5) The person subject to this rule shall conduct a tune-up of each boiler at the following frequency:

(a) For a boiler subject to the tune-up requirements of 40 CFR part 63, subpart DDDDD, JJJJJJ, and UUUUU adopted by reference in R 336.1902, tune-ups must be conducted in the manner and frequency as prescribed in that rule.

(b) All boilers not described in subrule (5)(a) must undergo a tune-up following the requirements in subrule (6) at the frequency indicated in table 842a.

TABLE 842a Boiler tune-up frequency by emission unit type.

Boiler Type Frequency of tune-up Natural gas-fired or equipped with an oxygen analyzer system Every 5 years but no more than 61 months after the last tune-up All other fuels Once every year but no longer than 13 months after the last tune-up (6) For boilers that are subject to subrule (5)(b) of this rule, the person subject to this rule shall meet the following tune-up related requirements on and after the effective date of this rule, as applicable:

(a) Create and implement a plan for the boiler that is approvable by the department. At a minimum, this plan must address the following details regarding tune-ups and denote the frequency these activities shall occur:

(i) Inspection of the burner, and cleaning or replacement of any components of the burner as necessary.

(ii) Inspection of the flame pattern and adjustments of the burner as necessary to optimize the flame pattern. The adjustment must be consistent with the manufacturer's specifications, if available.

(iii) Inspection of the system controlling the air-to-fuel ratio, as applicable, and confirmation that it is correctly calibrated and functioning properly.

(iv) Optimization of total emissions of NOx and carbon monoxide, CO. This should be consistent with the manufacturer's specifications, if available, and with any NOx requirement to which the emission unit is subject.

(v) Measurement of the concentrations in the effluent stream of CO in parts per million by volume, and oxygen in volume percent, before and after the adjustments are made.

Measurements may be on either a dry or wet basis, as long as it is the same basis before and after the adjustments are made. Measurements may also be taken using a properly operated and maintained portable CO analyzer.

(vi) If the emission unit is shutdown on the required date for tune-up activities, the tuneup must be conducted as soon as practicable, but no longer than 30 days after startup.

(b) To the extent practicable, maintain and operate the boiler in a manner consistent with good air pollution control practice for minimizing emissions at all times including during startup, shutdown, and malfunction. Determination of whether such operation and maintenance procedures are being used is based on information available to the department that may include, but is not limited to, monitoring results and review of operation and maintenance procedures and records.

(7) For boilers subject to an emission rate limit specified in subrule (4) of this rule, compliance must be determined by using 1 of the following:

(a) If a performance test has not been done within the last 18 months before the effective date of this rule, the person subject to this rule shall conduct an initial performance test, acceptable to the department, within 180 days after the effective date of this rule to demonstrate compliance with the required emission rate limit, or within 30 days after startup if the unit is not operating. An acceptable performance test must then be completed every 24 months, after the date of the last test, consistent with the requirements of R 336.2004. A performance test that determines that the emission unit complies with the limit in table 842 must be presumed to comply with this limit as long as the emission unit maintains regularly scheduled tune-ups required in subrule (5) of this rule until the next performance test is conducted. The 24-month frequency may be increased to once every 5 years when the most recent test results are 75% of the limit and the source certifies no other tests or information indicates a value over 75% of the limit.

(b) An approvable plan must be submitted to the department describing how the NOx emissions are monitored. The monitoring plan must include the performance of periodic monitoring that is sufficient to yield reliable data from relevant time periods representative of the source’s compliance with the emission rates specified in subrule (4) of this rule.

Periodic monitoring may include the following:

(i) A parametric monitoring program that specifies operating parameters, and their ranges, that will provide reasonable assurance that each boiler’s emissions are consistent with the requirements of this rule.

(ii) A predictive emissions measurement system that relies on automated data collection from instruments. If a boiler is equipped with a predictive emission monitoring system, then compliance with the applicable emissions limit must be determined based on the 30day rolling average of the hourly arithmetic average emissions rates.

(iii) A continuous emission monitoring system that complies with 40 CFR part 60 or part 75, both adopted by reference in R 336.1902. If a boiler is equipped with a continuous emission monitoring system, compliance with the applicable emissions limit must be determined based on the 30-day rolling average of the hourly arithmetic average emissions rates.

(8) A person operating a boiler subject to this rule shall obtain current information and maintain records for all requirements or exemptions in sufficient detail to determine compliance. The information and records must be made available to the department upon request. Examples of acceptable information and records include, but are not limited to the following:

(a) Installation dates of the boiler.

(b) Records of tune-ups and related inspections conducted in accordance with subrule (5) of this rule and all associated records for a minimum of 5 years.

(c) Either the results of the most recent stack test, or a minimum of 5 years of all monitoring data necessary to demonstrate compliance with limits and requirements in subrule (4) of this rule, or both, as applicable.

(d) If the provisions of this rule are not applicable as allowed by subrule (3) of this rule, all information necessary to demonstrate that the equipment meets the exemption being utilized.

(9) If records are not requested by the department for any 3-year rolling period, the facility will submit a report to the department with information and records in sufficient detail to determine compliance with the limits in this rule.

(10) A person that generates NOx emissions from the use of a boiler located in the 2015 ozone nonattainment area shall meet the following limits within table 842b 12 months after the effective date of a final determination by the USEPA, pursuant to section 182(c)(9) of the clean air act 42 USC 7511a, for either of the following elements of the 2015 ozone National Ambient Air Quality Standard:

(a) The USEPA issues a determination that reasonable further progress as described in Michigan’s approved state implementation plan was not achieved.

(b) The USEPA makes a determination that the area failed to attain the standard by the applicable attainment date.

TABLE 842b NOx emission limits for boilers Fuel Type Lbs of NOx per million Btu of heat input on hourly basis a All boilers > 20 MMBTU/hr =< 50 MMBtu/hr N/A Gaseous fuels; > 50 MMBtu/hr 0.08 Distillate Oil; > 50 MMBtu/hr 0.10 Residual Oil ; > 50 MMBtu/hr 0.20 Solid fuels; > 50 MMBtu/hr , < 100 MMBtu 0.30 Solid fuels; => 100 MMBtu 0.20 a Except for alternative averaging periods as allowed in subrule (7)(b) of this rule.

Editor's Note: An obvious error in R 336.1842 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Annual Administrative Code Supplement 2025. The memorandum requesting the correction was published in Michigan Register, 2026 MR 16.

**History**
- *History: 2025 AACS.*

##### **Mich. Admin. Code R 336.1843** RACT emission limitations for combustion turbines {#sec-r-336.1843 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1843}

Rule 843. (1) As used in this rule, “emergency turbines” means turbines used in emergency situations to produce power for critical networks or equipment when electric power from the local utility is interrupted, to pump water in the case of fire or flood or required maintenance checks and readiness testing.

(2) A person is subject to this rule and shall not cause or allow the emission of NOx from the combustion of fuels in turbines in excess of the requirements of this rule at facilities meeting either of the following criteria:

(a) Located in the 2015 ozone nonattainment areas and either of the following:

(i) A stationary source with a potential to emit of 100 tons per year or greater of NOx from all combined NOx sources upon the effective date of this rule.

(ii) An emission unit installed after the effective date of this rule.

(b) Has been subject to the requirements of this rule. The requirements in this rule, at a minimum, must permanently apply regardless of a change in the attainment or maintenance status of the stationary source location or the potential to emit of the stationary source.

(3)If an exemption is utilized, all applicable requirements of R 336.1846 must be met. If the turbine is not utilizing an exemption listed below, all provisions of this rule apply.

Turbines may utilize the following exemptions from all provisions of this rule except subrule (7)(d) of this rule:

(a) Turbines subject to federal regulations under 40 CFR part 60, part 61, or part 63, or other federally enforceable conditions if the applicable regulations are included in the state implementation plan and have equivalent standards established to be equal to or more stringent than the requirements and limits of subrule (4) of this rule.

(b) Turbines that are rated at less than 30 MMBtu/hr.

(4) Except as allowed by R 336.1845, a person that generates NOx emissions from the use of a turbine must meet the following:

(a) The limits within table 843 by the effective date of this rule:

TABLE 843

NOx emission limits by turbine and fuel type Turbine type and fuel Parts per million (volume, dry, corrected to 15% oxygen on an hourly basis) a Gaseous fuel fired Between 30 and 50 MMBtu/hr 50 MMBtu/hr and greater Liquid fuel fired Between 30 and 50 MMBtu/hr 50 MMBtu/hr and greater a Except for alternative averaging periods as allowed in subrule (6)(b) of this rule.

(b) For emission units operating with a combination of gaseous and liquid fuels, a variable emission limit calculated as the concentration average of the applicable emission limits, as described in R 336.1842(4)(c) must be used.

(5) A person subject to this rule shall demonstrate compliance by implementing and maintaining the following:

(a) Create and implement an approvable maintenance plan for the turbine.

(b) To the extent practicable, maintain and operate the turbine in a manner consistent with good air pollution control practice for minimizing emissions at all times including during startup, shutdown, and malfunction. The department shall determine compliance with this requirement based on information that may include, but is not limited to, monitoring results and review of operation and maintenance procedures and records.

(6) For turbines subject to the emission rate limit specified in subrule (4) of this rule, compliance must be determined by using 1 of the following:

(a) If a performance test has not been done within the last 18 months before the effective date of this rule, the person subject to this rule shall conduct an initial performance test, acceptable to the department, within 180 days after the effective date of this rule to demonstrate compliance with the required emission rate limit, or within 30 days after startup if the unit is not operating. A performance test must then be completed every 24 months, after the date of the last test, consistent with the requirements of R 336.2004. The 24-month frequency may be increased to once every 5 years when the most recent test results are 75% of the limit and the source certifies no other tests or information indicates a value over 75% of the limit.

(b) An approvable plan must be submitted to the department describing how the NOx emissions will be monitored. The monitoring plan must include how the performance of periodic monitoring is sufficient to yield reliable data from relevant time periods representative of the source’s compliance with the emission rates specified in subrule (4) of this rule. Periodic monitoring must include 1 of the following:

(i) A parametric monitoring program that specifies operating parameters, and their ranges, that provides reasonable assurance each turbine’s emissions are consistent with the requirements of this rule.

(ii) A predictive emissions measurement system that relies on automated data collection from instruments. If a turbine is equipped with a predictive emission monitoring system, compliance with the applicable emissions limit must be determined based on the 30-day rolling average of the hourly arithmetic average emissions rates.

(iii) A continuous emission monitoring system that complies with 40 CFR part 60 or part 75, both adopted by reference in R 336.1902. If a turbine is equipped with a continuous emission monitoring system, compliance with the applicable emissions limit must be determined based on the 30-day rolling average of the hourly arithmetic average emissions rates.

(7) A person operating a turbine subject to this rule shall obtain current information and maintain records for all requirements and exemptions in sufficient detail to determine compliance. The information and records must be made available to the department upon request. The information and records may include the following:

(a) Installation dates of the turbine.

(b) The maintenance plan.

(d) Either the results of the most recent stack test, or a minimum of 5 years of all monitoring data necessary to demonstrate compliance with limits and requirements in subrule (4) of this rule, or both, as applicable.

(e) If the provisions of this rule are not applicable as allowed by subrule (3) of this rule, all information necessary to demonstrate that the equipment meets the exemption being utilized.

(8) If records are not requested by the department for any 3-year rolling period, the facility will submit a report to the department with information and records in sufficient detail to determine compliance with the limits in this rule.

**History**
- *History: 2025 AACS.*

##### **Mich. Admin. Code R 336.1844** RACT emission limitations for miscellaneous process specific combustion sources {#sec-r-336.1844 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1844}

Rule 844. (1) As used in this rule:

(a) “Combustion device” means an individual unit of equipment used for combustion of a fuel using a controlled flame.

(b) “Process heater” means an enclosed combustion device, or collection of combustion devices, in which the emission unit’s primary purpose is to transfer heat to a process material, gas, liquid, or solid, or heat transfer material for use in a process other than to generate steam. Process heaters do not include emission units that are used for comfort, water or space heat, food preparation for on-site consumption, autoclaves, waste heat process heaters, or devices whose primary function is to control air pollution.

(2) A person is subject to this rule and shall not cause or allow the emission of NOx from the combustion of fuels in asphalt plants, process heaters, engine test cells and stands, lime kilns, or glass manufacturing units in excess of the allowable emissions, including the limitations of this rule at facilities meeting either of the following criteria:

(a) Located in the 2015 ozone nonattainment areas and either of the following:

(i) A stationary source with a potential to emit 100 tons per year or greater of NOx from all combined NOx sources on the effective date of this rule.

(ii) An emission unit installed after the effective date of this rule.

(3) If an exemption is utilized, all applicable requirements of R 336.1846 must be met. If the emission unit is not utilizing an exemption listed below, all provisions of this rule apply.

Emission units may utilize the following exemptions from all provisions of this rule except subrule (7)(d) of this rule:

(a) Asphalt plants equal to or less than 50 MMBtu/hr.

(b) Process heaters equal to or less than 60 MMBtu/hr that do not inject ammonia or use refinery fuel gas.

(d) All combustion devices under 20 MMBtu/hr in a process heater that do not exceed a total of 100 MMBtu/hr when combined.

(e) Lime kilns equal to or less than 50 MMBtu/hr.

(f) Glass manufacturing furnaces equal to or less than 50 MMBtu/hr.

(g) A research or development emission unit meeting the requirements of R 336.1283.

(h) Engine test cells and stands that are testing engines rated 1200 HP or less.

(i) Air pollution control devices.

(4) Except as allowed by R 336.1845, or as required by subrule (8) of this rule, a person that generates NOx emissions from the use of hot mix asphalt plants, process heaters, engine test cells and stands, lime kilns, or glass manufacturing shall meet the following limits within table 844, as applicable, by the effective date of the rule.

TABLE 844

NOx emission limits from miscellaneous combustion sources Process NOx Emission limit on an hourly basis a Hot Mix Asphalt Plants > 50 MMBtu/hr Gaseous fuels 0.15 lb/MMBtu Distillate oil 0.20 lb/mmBtu Residual Oil 0.27 lb/mmBtu Process Heaters Gaseous fuels >60 MMBtu/hr 0.12 lb/MMBtu Distillate Oil >60, =< 100 MMBtu/hr 0.12 lb/MMBtu Distillate Oil > 100 MMBtu/hr 0.14 lb/MMBtu Residual Oil >60, =< 100 MMBtu/hr 0.15 lb/MMBtu Residual Oil > 100 MMBtu/hr 0.18 lb/MMBtu Refinery Fuel Gas 0.18 lb/MMBtu Any fuel > 10 MMBtu/hr utilizing ammonia injection 0.20 lb/MMBtu Engine Test Cells/Stands Gaseous Fuel engines > 1200 HP 0.08 lb/MMBtu Distillate Oil engines > 1200 HP 0.10 lb/MMBtu Lime Kilns > 50 MMBtu/hr 6.0 lb/ton of lime produced Glass Manufacturing > 50 MMBtu/hr 3.5 lb/ton of glass produced a Except for alternative averaging periods as allowed in (6)(c)(ii) of this rule.

(5) A process heater installed after the effective date of the rule must utilize a low-NOx burner, equivalent technology, or better.

(6) A person subject to this rule shall demonstrate compliance by implementing and maintaining the following:

(a) Create and implement an approvable maintenance plan for the affected emission unit.

(b) To the extent practicable, maintain and operate the affected emission unit in a manner consistent with good air pollution control practice for minimizing emissions at all times, including during startup, shutdown, and malfunction. The department shall determine compliance with this requirement based on information that may include, but is not limited to, monitoring results, review of operation and maintenance procedures, and review of operation and maintenance records.

(i) If a performance test has not been done within the last 18 months before the effective date of this rule, the person subject to this rule shall conduct an initial performance test, acceptable to the department, within 180 days after the effective date of this rule to demonstrate compliance with the required emission rate limit, or within 30 days after startup if the unit is not operating. A performance test must then be completed every 24 months, after the date of the last test, consistent with the requirements of R 336.2004. The 24-month frequency may be increased to once every 5 years when the most recent test results are 75% of the limit and the source certifies no other tests or information indicates a value over 75% of the limit.

(ii) An approvable plan must be submitted to the department describing how the NOx emissions will be monitored. The monitoring plan must include how the performance of periodic monitoring is sufficient to yield reliable data from relevant time periods representative of the source’s compliance with the emission rates specified in subrule (4) of this rule. Periodic monitoring may include the following:

(A) A parametric monitoring program that specifies operating parameters, and their ranges, that will provide reasonable assurance each emission unit’s emissions are consistent with the requirements of this rule.

(B) A predictive emissions measurement system that relies on automated data collection from instruments. If an affected emission unit is equipped with a predictive emission monitoring system, compliance with the applicable emissions limit is determined based on the 30-day rolling average of the hourly arithmetic average emissions rates.

(C) A continuous emission monitoring system that complies with 40 CFR part 60 or 40 CFR part 75, both adopted by reference in R 336.1902. If an affected emission unit is equipped with a continuous emission monitoring system, compliance with the applicable emissions limit shall be determined based on the 30-day rolling average of the hourly arithmetic average emissions rates.

(7) A person operating an emission unit subject to this rule shall obtain current information and maintain records for all requirements and exemptions in sufficient detail to determine compliance. When requested by the department, the following information and records must be made available:

(a) Installation dates of the affected emission unit.

(b) The maintenance plan.

(e) If the provisions of this rule are not applicable as allowed by subrule (3), all information necessary to demonstrate that the equipment meets the exemption being utilized.

(9) A person that generates NOx emissions from the use of a process heater located in the 2015 ozone nonattainment area shall meet the following limits within table 844a 12 months after the effective date of a final determination by the USEPA, pursuant to section 182(c)(9) of the clean air act 42 USC 7511a, for either of the following elements of the 2015 ozone National Ambient Air Quality Standard:

(a) The USEPA makes a determination that reasonable further progress as described in Michigan’s approved state implementation plan was not achieved.

(b) The USEPA makes a determination that the area failed to attain the standard by the applicable attainment date.

TABLE 844a NOx emission limits from process heaters Process NOx Emission limit on an hourly basis Process Heaters Gaseous fuels >60 MMBtu/hr 0.10 lb/MMBtu Distillate Oil >60, =< 100 MMBtu/hr 0.10 lb/MMBtu Distillate Oil > 100 MMBtu/hr 0.12 lb/MMBtu Residual Oil >60, =< 100 MMBtu/hr 0.14 lb/MMBtu Residual Oil > 100 MMBtu/hr 0.15 lb/MMBtu a Except for alternative averaging periods as allowed in (6)(c)(ii) of this rule.

**History**
- *History: 2025 AACS.*

##### **Mich. Admin. Code R 336.1845** RACT requirements for alternative RACT {#sec-r-336.1845 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1845}

Rule 845. A person with an emission unit subject to the requirements in rules R 336.1841 through R 336.1844 may request approval from the department for equivalent or alternate requirements. The department may consider equivalent or alternate requirements only if the following provisions are met:

(a) A proposed plan to request an alternative RACT application must be provided to and approvable by the department within 60 days after the effective date of this rule or, for new sources, 60 days after becoming applicable or an alternative timeframe approved by the department. A proposed plan must include, but is not limited to:

(i) A general description of the alternative being requested.

(ii) The mechanism needed to obtain this alternative, either a new federally enforceable permit or order, or a revision to an existing federally enforceable permit or order.

(iii) A timeframe of when the alternative RACT application will be submitted to the department.

(b) After submission of the proposed plan, the stationary source must submit an alternative RACT application containing the following, as applicable:

(i) Reasons why the applicant is requesting an alternative requirement.

(ii) Information demonstrating why the limitation or requirement as described in R 336.1841 to R 336.1844, as applicable, is not possible to attain.

(iii) Explanation of why alternative options, such as implementation of add-on controls or modifying equipment, would not be sufficient to meet the applicable requirements in rules R 336.1841 through R 336.1844. Identification of the existing and available control technologies and demonstration of why the application of these control options is either not technologically feasible, not economically reasonable, or neither.

(iv) A document containing quantitative or qualitative analyses demonstrating that the emissions from the applicable emission unit with alternative RACT requirements shall not interfere with the ability of the nonattainment area to achieve the ozone National Ambient Air Quality Standard. This may include, but is not limited to, modeling, calculations based on throughput and control efficiency, or other quantitative evaluations to similar insignificant units.

(v) A description of actions that are being taken to reduce emissions, while pursuing the steps described in this rule, if pursuit of alternative RACT extends beyond required compliance dates.

(vi) An expected schedule of significant steps to achieving compliance with R 336.1841 to R336.1844, as applicable.

(vii) Additional information, as needed.

(c) The applicable portion of the proposed draft permit or order related to this rule will be subject to a minimum 30-day public comment period when located at a source of NOx with a potential to emit of 100 tons per year or greater on the effective date of this rule.

When the proposed draft permit or order is noticed for a 30-day public comment period, a copy of the notice must also be sent to the USEPA.

(d) When a public comment period is required for a proposed draft permit or order, a public hearing during or immediately after the public comment must be offered.

(e) Upon department issuance of the legally enforceable document, the applicable portion must be sent to the USEPA, together with all of the other information that is required for the submittal of a complete state implementation plan revision request. Department approval and the legally enforceable document do not affect the federally approved state implementation plan until and unless the submitted state implementation plan revision request is formally approved by the USEPA.

(f) Implementation of the legally enforceable order of the department or permit to install must be completed according to the schedule established in the order or permit to install as expeditiously as practicable or as described in the proposed plan for alternative RACT.

Editor's Note: An obvious error in R 336.1845 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Annual Administrative Code Supplement 2025. The memorandum requesting the correction was published in Michigan Register, 2026 MR 16.

**History**
- *History: 2025 AACS.*

##### **Mich. Admin. Code R 336.1846** RACT requirements for miscellaneous large sources at major sources of NOx {#sec-r-336.1846 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1846}

Rule 846. (1) As used in this rule "potential NOx emissions” means theoretical potential emissions based on design capacity, maximum production, and maximum hours of operation before add-on control. Except for control, any physical or operational limitation on the emission unit’s capacity, such as restrictions on hours of operation, types or amount of material combusted, stored, or processed, can limit potential NOx emissions with a legal and federally enforceable permit or order.

(2) A person responsible for a stationary source shall meet the requirements as described in subrules (4) to (7) of this rule, and the requirements will permanently apply once the source becomes subject, if all of the following criteria are met:

(a) Located in a 2015 ozone nonattainment area. Changes in the attainment or maintenance status of the stationary source location after the effective date of this rule do not change applicability for a source once subject.

(b) The stationary source has 1 or more emission units, with combined potential NOx emissions that equal 100 tons per year or more on or after the effective date of this rule, that are not subject to any RACT requirements as described in R 336.1841 through R 336.1845. Any individual emission units with actual emissions less than 5 tons per year with total combined emissions from these emission units of less than 25 tons per year does not apply to the provisions within this subrule.

(3) Instead of submitting a site-specific NOx RACT proposal, the stationary source may submit a complete permit to install application requesting a facility-wide NOx limit that would limit NOx emissions using a federally enforceable restriction or restrictions to less than 100 tons per year or a complete permit to install application for the potentially subject emission units that would limit emissions from all applicable emission units to less than 25 tons per year, before the effective date of the rule.

(4) The person responsible shall provide the department and the USEPA with the following information within 120 days after the effective date of this rule:

(a) Identification of each stationary source including individual emission units or groups of emission units at those stationary sources to which this rule applies.

(b) A determination of the total potential to emit, potential NOx emissions and the actual emissions of NOx for the most recent calendar year for each applicable NOx emission unit at the stationary source using emission testing or a calculation method approvable by the department.

(5) Within 1 year after the effective date of this rule, a person responsible shall provide to the department and the USEPA, a proposal for RACT for the stationary source. The RACT proposal must include, at a minimum, the following information:

(a) A list of each emission unit subject to the RACT requirements of this rule.

(b) The size or capacity of each affected emission unit, and the types and quantities of materials processed or produced in each emission unit, as applicable.

(d) Estimates of the potential to emit and actual NOx emissions from the affected stationary source and each affected emission unit for the most recent calendar year and associated supporting documentation.

(e) A RACT analysis which meets the requirements of subrule (6), including technical and economic support documentation for each affected emission unit.

(f) A schedule for completing implementation of the RACT proposal as expeditiously as practicable, including interim dates for the issuance of purchase orders, start and completion of process, technology and control technology changes, and the completion of compliance testing, if applicable.

(g) The testing, monitoring, recordkeeping, and reporting procedures proposed to demonstrate compliance with RACT.

(h) Additional information as requested by the department that is necessary for the evaluation of the RACT proposal.

(6) The RACT analysis required under subrule (5)(e) of this rule must include:

(a) A ranking of the available control options for the affected emission unit in descending order of control effectiveness. Available control options are air pollution control technologies or techniques with a reasonable potential for application to the emission unit.

Air pollution control technologies and techniques include the application of production process, or control methods that reduce NOx. The control technologies and techniques must include existing controls for the source category and technology transfer controls applied to similar source categories.

(b) An evaluation of the technical feasibility of the available control options identified in subdivision (a) of this subrule. The evaluation of technical feasibility must be based on physical, chemical, and engineering principles. A determination of technical infeasibility must identify technical difficulties which would preclude the successful use of the control option on the affected emission unit.

(c) A ranking of the technically feasible control options in descending order of overall control effectiveness for NOx emissions. The list must present the array of control options and include, at a minimum, the following information:

(i) The baseline emissions of NOx before implementation of each control option.

(ii) The estimated emission reduction potential or the estimated control efficiency of each control option.

(iii) The estimated emissions after the application of each control option.

(iv) The economic impacts and cost effectiveness of each control option.

(d) An evaluation of cost effectiveness of each control option consistent with the “EPA Air Pollution Control Cost Manual,” EPA-452/B-02-001, adopted by reference in R 336.1902. The evaluation must be conducted in accordance with the following requirements:

(i) The cost effectiveness must be evaluated in terms of dollars per ton of NOx emissions reduction.

(ii) The cost effectiveness must be calculated as the annualized cost of the control option divided by the baseline emission rate minus the control option emission rate, as shown by the following equation:

Average cost effectiveness = Control option total annualized cost ($/yr)

($/ton removed) ------------------------------------------------------- Baseline emission rate – Control option rate (tons/yr)

(iii) For purposes of this paragraph, baseline emission rate represents the maximum emissions before the implementation of the control option. The baseline emission rate must be established using either test results or approvable emission factors and historic operating data.

(7) The department shall approve, deny, or modify each RACT proposal.

(8) Upon receipt of notice of the department's approval of the RACT proposal, the stationary source shall begin implementation of the measures necessary to comply with the approved RACT proposal. Implementation of the RACT program must be completed according to the schedule established in the approved RACT proposal and as expeditiously as practicable.

(9) The department shall submit each state-issued enforceable order or permit to install with its corresponding RACT program to the USEPA for approval as a revision to the state implementation plan.

**History**
- *History: 2025 AACS.*

### **R 336.1901 to R 336.1974** Part 9. Emission Limitation and Prohibitions--Miscellaneous

##### **Mich. Admin. Code R 336.1901** Air contaminant or water vapor; prohibition {#sec-r-336.1901 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1901}

DEPARTMENT OF ENVIRONMENT, GREAT LAKES, AND ENERGY

AIR QUALITY DIVISION

AIR POLLUTION CONTROL

(By authority conferred on the director of the department of environment, Great Lakes, and energy by sections 5503 and 5512 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.5503 and 324.5512, and Executive Reorganization Order Nos. 1995- 16, 2009-31, 2011-1, and 2019-1, MCL 324.99903, 324.99919, 324.99921, and 324.99923)

PART 9. EMISSION LIMITATIONS AND PROHIBITIONS - MISCELLANEOUS

Rule 901. Notwithstanding the provisions of any other rule, a person shall not cause or permit the emission of an air contaminant or water vapor in quantities that cause, alone or in reaction with other air contaminants, either of the following:

(a) Injurious effects to human health or safety, animal life, plant life of significant economic value, or property.

(b) Unreasonable interference with the comfortable enjoyment of life and property.

**History**
- *History: 1980 AACS; 2002 AACS; 2015 AACS.*

##### **Mich. Admin. Code R 336.1902** Adoption of standards by reference {#sec-r-336.1902 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1902}

Rule 902. (1) The following standards are adopted by reference in these rules. Copies are available for inspection and purchase at the Air Quality Division, Department of Environment, Great Lakes, and Energy, P.O. Box 30260, Lansing, Michigan 48909-7760, at a cost as of the time of adoption of these rules (AQD price). Copies may also be obtained from the U.S. Government Publishing Office by calling 205-512-1800, or by accessing their online bookstore at http://bookstore.gpo.gov at a cost as of the time of adoption of these rules (GPO price). The standards can also be viewed or printed, or both, free of charge at http://www.ecfr.gov:

(a) “National Primary and Secondary Ambient Air Quality Standards,” 40 CFR part 50 (2022), AQD price $61.00 and GPO price $51.00 for part 50 to part 51.

(b) The following sections of “Requirements for Preparation, Adoption, and Submittal of Implementation Plans,” 40 CFR part 51 (2022), AQD price $61.00 and GPO price $51.00 for part 50 to part 51:

(i) “Definitions,” 40 CFR 51.100.

(ii) “Legally enforceable procedures,” 40 CFR 51.160.

(iii) “Permit requirements,” 40 CFR 51.165.

(iv) “Prevention of significant deterioration of air quality,” 40 CFR 51.166.

(v) “Definitions,” 40 CFR 51.301 to “Requirements related to the Grand Canyon Visibility Transport Commission,” 40 CFR 51.309.

(vi) “Recommended Test Methods for State Implementation Plans,” Appendix M.

(vii) “Emission Offset Interpretive Ruling,” Appendix S.

(viii) “Guideline on Air Quality Models,” Appendix W.

(ix) “Guidelines for BART Determinations under the Regional Haze Rule,” Appendix Y.

(c) The following sections of “Approval and Promulgation of Implementation Plans,” 40 CFR part 52 (2022); AQD price $74.00 and GPO price $64.00 for part 52 (52.01 to 52.1018):

(i) “Prevention of significant deterioration of air quality,” 40 CFR 52.21.

(ii) “Control strategy: Ozone control measures for Cook, DuPage, Kane, Lake, McHenry and Will Counties,” 40 CFR 52.741.

(d) “Quality Assurance Requirements for Prevention of Significant Deterioration (PSD) Air Monitoring,” 40 CFR part 58, appendix B (2022); AQD price $46.00 and GPO price $36.00 for part 53 to part 59.

(e) “Standards of Performance for New Stationary Sources,” 40 CFR part 60, subparts A to WW (2022); AQD price $74.00 and GPO price $64.00 for part 60 (60.1 to 60.499).

(f) “Standards of Performance for New Stationary Sources (Continued),” 40 CFR part 60, subpart XX to UUUUa, except 40 CFR part 60, subpart AAA, “Standards of Performance for New Residential Wood Heaters,” (2022); AQD price $74.00 and GPO price $64.00 for part 60 (60.500 to end).

(g) 40 CFR part 60 appendices A-1 to A-8, B, and F (2022); AQD price $73.00 and GPO price $63.00 for part 60 appendices.

(h) “National Emission Standards for Hazardous Air Pollutants,” 40 CFR part 61 (2022);

AQD price $61.00 and GPO price $51.00 for part 61 to part 62.

(i) “National Emission Standards for Hazardous Air Pollutants for Source Categories,” 40 CFR part 63, subparts A to Y (2022); AQD price $74.00 and GPO price $64.00 for part 63 (63.1 to 63.599).

(j) “National Emission Standards for Hazardous Air Pollutants for Source Categories (Continued),” 40 CFR part 63, subparts AA to DDD (2022); AQD price $63.00 and GPO price $53.00 for part 63 (63.600 to 63.1199).

(k) “National Emission Standards for Hazardous Air Pollutants for Source Categories (Continued),” 40 CFR part 63, subparts EEE to PPP (2022); AQD price $66.00 and GPO price $56.00 for part 63, (63.1200 to 63.1439).

(l) “National Emission Standards for Hazardous Air Pollutants for Source Categories (Continued),” 40 CFR part 63, subparts QQQ to YYYY (2022); AQD price $47.00 and GPO price $37.00 for part 63 (63.1440 to 63.6175).

(m) “National Emission Standards for Hazardous Air Pollutants for Source Categories (Continued),” 40 CFR part 63, subparts ZZZZ to MMMMM (2022); AQD price $50.00 and GPO price $40.00 for part 63 (63.6580 to 63.8830).

(n) “National Emission Standards for Hazardous Air Pollutants for Source Categories (Continued),” 40 CFR part 63, subpart NNNNN to HHHHHHH (2022); AQD price $76.00 and GPO price $66.00 for part 63 (63.8980 to end).

(o) “Compliance Assurance Monitoring,” 40 CFR part 64 (2022); AQD price $44.00 and GPO price $34.00 for part 64 to part 71.

(p) The following sections of “State Operating Permit Programs,” 40 CFR part 70 (2022);

AQD price $44.00 and GPO price $34.00 for part 64 to part 71:

(i) “Definitions,” 40 CFR 70.2.

(ii) “State program submittals and transition,” 40 CFR 70.4(b)(12), (14), and (15).

(iii) “Emissions trading,” 40 CFR 70.6(a)(8).

(iv) “Re-openings for cause by EPA,” 40 CFR 70.7(g).

(v) “Transmission of information to the Administrator,” 40 CFR 70.8(a)(1) and (2).

(vi) “EPA objection,” 40 CFR 70.8(c).

(vii) “Public petitions to the Administrator,” 40 CFR 70.8(d).

(q) “Permits Regulation,” 40 CFR part 72 (2022); AQD price $78.00 and GPO price $68.00 for part 72 to part 79.

(r) “Sulfur Dioxide Opt-Ins,” 40 CFR part 74 (2022); AQD price $78.00 and GPO price $68.00 for part 72 to part 79.

(s) “Continuous Emission Monitoring,” 40 CFR part 75 (2022); AQD price $78.00 and GPO price $68.00 for part 72 to part 79.

(t) “Acid Rain Nitrogen Oxides Emission Reduction Program,” 40 CFR part 76 (2022);

AQD price $78.00 and GPO price $68.00 for part 72 to part 79.

(u) “NOx Budget Trading Program and CAIR NOx and SO2 Trading Programs for State Implementation Plans,” 40 CFR part 96, subparts A, “NOx Budget Trading Program General Provisions” to I “Individual Unit Opt-ins” (2022); AQD price $76.00 and GPO price $66.00 for part 96 to part 99.

(v) “Federal NOx Budget Trading Program, CAIR NOx and SO2 Trading Programs, CSAPR NOx and SO2 Trading Programs, and Texas SO2 Trading Program” 40 CFR part 97 (2022); AQD price $76.00 and GPO price $66.00 for part 96 to part 99.

(2) The following United States Environmental Protection Agency (U.S. EPA) documents are adopted by reference in these rules. A copy is available for inspection and purchase at the Air Quality Division, Department of Environment, Great Lakes, and Energy, P.O. Box 30260, Lansing, Michigan 48909-7760, at a cost as of the time of adoption of these rules of $20.00 each. A copy may also be obtained from the U.S. EPA, Mail Code 340T, 1200 Pennsylvania Avenue, NW, Washington, DC 20460 or on the U.S. EPA Online Library System website, https://cfpub.epa.gov/ols/, free of charge as of the time of adoption of these rules.

(a) “Advances in Inhalation Gas Dosimetry for Derivation of a Reference Concentration (RfC) and Use in Risk Assessment,” EPA/600/R-12/044, September 2012.

(b) “Alternative Control Techniques Document: NOx Emissions from Cement Manufacturing,” EPA-453/R-94-004, 1994.

(d) “Compilation of Air Pollutant Emission Factors. Volume 1. Stationary Point and Area Sources. Fifth Edition,” AP-42-ED-5, January 1995.

(e) “Control of Volatile Organic Emissions from Manufacture of Synthesized Pharmaceutical Products, Appendix B,” EPA-450/2-78-029, December 1978.

(f) “EPA Air Pollution Control Cost Manual (Sixth Edition),” EPA-452/B-02-001, January 2002.

(g) “Control Techniques Guidelines for Miscellaneous Industrial Adhesives,” EPA/453/R- 08/005, September 2008.

(h) “Control Techniques Guidelines for Miscellaneous Metal and Plastic Parts Coatings,”

EPA/453/R-08/003, September 2008.

(i) “Guidelines for Carcinogen Risk Assessment,” EPA/630/P-03-001B, March 2005.

(j) “Protocol for Determining the Daily Volatile Compound Emission Rate of Automobile and Light-duty Truck Topcoat Operations,” EPA-453/R-08/002, September 2008.

(k) “Supplemental Guidance for Assessing Susceptibility from Early-Life Exposure to Carcinogens,” EPA/630/R-03-003F, March 2005.

(3) The following Federal Register documents are adopted by reference in these rules. A copy is available for inspection and purchase at the Air Quality Division, Department of Environment, Great Lakes, and Energy, P.O. Box 30260, Lansing, Michigan 48909-7760, at a cost as of the time of adoption of these rules of $10.00 each. The Federal Register documents may also be viewed or printed, or both, free of charge at as of the time of adoption of these rules at https://www.govinfo.gov/:

(a) U.S. EPA Emissions Trading Policy statement, 51 FR 43814, December 4, 1986.

(b) U.S. EPA Recommended Policy on Control of Volatile Organic Compounds, Table 1, 42 FR 35314, July 8, 1977.

(4) The following standards are adopted by reference in these rules. Copies are available for inspection and purchase at the Air Quality Division, Department of Environment, Great Lakes, and Energy, P.O. Box 30260, Lansing, Michigan 48909-7760, at the cost as of the time of adoption of these rules (AQD price). Copies may also be obtained from ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, Pennsylvania 19428-2959 or on the ASTM website, www.astm.org, at a cost as of the time of adoption of these rules (ASTM price):

(a) Standard Test Method for Distillation of Petroleum Products and Liquid Fuels at Atmospheric Pressure, ASTM method D86, 2020; AQD price $88.00 and $78.00 ASTM price.

(b) Standard Test Method for Pour Point of Petroleum Products, ASTM D97, 2017; AQD price $64.00 and ASTM price $54.00.

AQD price $70.00 and ASTM price $60.00.

(d) Standard Specification for Fuel Oils, ASTM D396, 2021; AQD price $70.00 and ASTM price $60.00.

(e) Standard Test Method for Distillation of Cutback Asphalt, ASTM D402/D402M, 2014;

AQD price $64.00 and ASTM price $54.00.

(f) Standard Specification for Aviation Gasolines, ASTM D910, 2021; AQD price $64.00 and ASTM $54.00.

(g) Standard Specification for Diesel Fuel Oils, ASTM D975, 2021; AQD price $88.00 and ASTM price $78.00.

(h) Standard Test Method for Density of Liquid Coatings, Inks, and Related Products, ASTM D1475, 2013; AQD $58.00 and ASTM price $48.00.

(i) Standard Specification for Aviation Turbine Fuels, ASTM D1655, 2022; AQD price $92.00 and ASTM price $82.00.

(j) Standard Test Method for Volatile Content of Coatings, ASTM D2369, 2020; AQD price $64.00 and ASTM price $54.00.

(k) Standard Specification for Gas Turbine Fuel Oils, ASTM D28802020; AQD price $64.00 and ASTM price $54.00.

(l) Standard Test Method for Determination of Nitrogen Oxides, Carbon Monoxide, and Oxygen Concentrations in Emissions from Natural Gas-Fired Reciprocating Engines, Combustion Turbines, Boilers, and Process Heaters Using Portable Analyzers, ASTM D6522, 2000, AQD price $74.00 and ASTM price $64.00.

(m) Standard Specification for Biodiesel Fuel Blend Stock (B100) for Middle Distillate Fuels, ASTM D6751, 2020; AQD price $70.00 and ASTM price $60.00.

(n) Standard Test Method for Elemental, Oxidized, Particle-Bound and Total Mercury in Flue Gas Generated from Coal-Fired Stationary Sources (Ontario Hydro Method), ASTM D6784, 2016; AQD price $88.00 and ASTM price $78.00.

(o) Standard Test Method for Distillation of Emulsified Asphalt, ASTM D6997, 2020;

AQD price $58.00 and ASTM price $48.00.

(p) Standard Specification for Diesel Fuel Oil, Biodiesel Blend (B6 to B20), ASTM D7467, 2020; AQD price $88.00 and ASTM price $78.00.

(q) Standard Practices for General Techniques of Infrared Quantitative Analysis, ASTM E168, 2016; AQD price $64.00 and ASTM price $54.00.

(r) Standard Practices for General Techniques of Ultraviolet-Visible Quantitative Analysis, ASTM E169, 2016; AQD price $70.00 and ASTM price $60.00.

(s) Standard Practice for Packed Column Gas Chromatography, ASTM E260, 2019; AQD price $70.00 and ASTM price $60.00.

(5) The following standards are adopted by reference in these rules. Copies are available for inspection and purchase at the Air Quality Division, Department of Environment, Great Lakes, and Energy, P.O. Box 30260, Lansing, Michigan 48909-7760, at the cost as of the time of adoption of these rules (AQD price). Copies may also be obtained from the American Association of State Highway and Transportation Officials, AASHTO Publication Order Department, P.O. Box 933538, Atlanta, Georgia, 31193-3538, or from their website, https://www.techstreet.com/, at a cost as of the time of adoption of these rules (AASHTO price):

(a) Standard Method of Test for Emulsified Asphalts, AASHTO T59, 2016; AQD price $132.00 and AASHTO price $122.00.

(b) Standard Method of Test for Distillation Cutback Asphalt Products, AASHTO T78, 2015; AQD price $88.00 and AASHTO price $78.00.

(6) The following standards are adopted by reference in these rules. Copies are available for inspection and purchase at the Air Quality Division, Department of Environment, Great Lakes, and Energy, P.O. Box 30260, Lansing, Michigan 48909-7760, for $20.00 as of the time of adoption of these rules. Copies may also be obtained from the National Technical Information Service, U.S. Department of Commerce website, https://ntrl.ntis.gov/NTRL/, for free as of the time of adoption of these rules.

(a) PB95-196028, “Compilation of Air Pollution Emission Factors. Volume 1. Stationary Point and Area Sources,” (1995).

(b) PB94-183522, “Alternative Control Techniques Document: NOx Emissions from Cement Manufacturing,” (1994).

(d) PB209-022, “Maintenance, Calibration, and Operation of Isokinetic Source-Sampling Equipment,” (1972).

(7) “TLVs and BEIs. Threshold Limit Values for Chemical Substances and Physical Agents, and Biological Exposure Indices,” 2022 is adopted by reference in these rules. A copy is available for inspection and purchase at the Air Quality Division, Department of Environment, Great Lakes, and Energy, P.O. Box 30260, Lansing, Michigan 48909-7760, at a cost as of the time of adoption of these rules of $75.95. A copy may also be obtained from the American Conference of Governmental Industrial Hygienists, 3640 Park 42 Drive, Cincinnati, Ohio 45240, or on the American Conference of Governmental Industrial website, www.acgih.org, at a cost as of the time of adoption of these rules of $54.95.

(8) “NIOSH Pocket Guide to Chemical Hazards,” 2017, is adopted by reference in these rules. A copy of this document is available for inspection and purchase at the Air Quality Division, Department of Environment, Great Lakes, and Energy, P.O. Box 30260, Lansing, Michigan 48909-7760, for $20.00 as of the time of adoption of these rules. Print, online, PDF, or mobile web app formats of this document may also be obtained from the Centers for Disease Control website, https://www.cdc.gov/niosh/npg/, for free as of the time of adoption of these rules.

(9) “American Petroleum Institute Manual of Petroleum Measurement Standards Chapter 19.2,” 2020, is adopted by reference in these rules. A copy is available for inspection and purchase at the Air Quality Division, Department of Environment, Great Lakes, and Energy, P.O. Box 30260, Lansing, Michigan 48909-7760, at a cost as of the time of adoption of these rules of $220.00. A copy may also be obtained from the American Petroleum Institute, Techstreet, 3025 Boardwalk Drive, Suite 220, Ann Arbor, Michigan 48108-2775, or at the American Petroleum Institute website at https://www.techstreet.com/api/pages/home, at a cost as of the time of adoption of these rules of $210.00.

(10) The following standards are adopted by reference in these rules. Copies are available for inspection and purchase at the Air Quality Division, Department of Environment, Great Lakes, and Energy, P.O. Box 30260, Lansing, Michigan 48909-7760, for $10.00 as of the time of adoption of these rules. Copies may also be obtained from the Ozone Transport Commission website at https://otcair.org/document.asp?fview=modelrules for free as of the time of adoption of these rules.

(a) “OTC Model Rule for Consumer Products,” except section 8(b), (2006).

(b) “OTC Model Rule for Consumer Products,” except section 8(b), (2012).

(d) “Model Rule for Architectural and Industrial Maintenance (AIM) Coatings,” (2011).

**History**
- *History: 2008 AACS; 2013 AACS; 2015 AACS; 2016 AACS; 2019 AACS; 2021 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 336.1906** Diluting and concealing emissions {#sec-r-336.1906 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1906}

Rule 906. Unless prior written approval is obtained from the department, a person shall not build, erect, install, or use any article, machine, equipment, or other contrivance if the sole purpose of the article, machine, equipment, or other contrivance is to dilute or conceal an emission without resulting in a reduction in the total release of air contaminants into the atmosphere. This rule does not apply to the control of odors.

**History**
- *History: 1980 AACS; 2002 AACS; 2015 AACS.*

##### **Mich. Admin. Code R 336.1910** Air-cleaning devices {#sec-r-336.1910 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1910}

Rule 910. An air-cleaning device shall be installed, maintained, and operated in a satisfactory manner and in accordance with these rules and existing law.

**History**
- *History: 1980 AACS.*

##### **Mich. Admin. Code R 336.1911** Malfunction abatement plans {#sec-r-336.1911 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1911}

Rule 911. (1) Upon request of the department, a person responsible for the operation of a source of an air contaminant shall prepare a malfunction abatement plan to prevent, detect, and correct malfunctions or equipment failures resulting in emissions exceeding any applicable emission limitation.

(2) A malfunction abatement plan required by subrule (1) of this rule shall be in writing and shall, at a minimum, specify all of the following:

(a) A complete preventative maintenance program, including identification of the supervisory personnel responsible for overseeing the inspection, maintenance, and repair of air-cleaning devices, a description of the items or conditions that shall be inspected, the frequency of the inspections or repairs, and an identification of the major replacement parts that shall be maintained in inventory for quick replacement.

(b) An identification of the source and air-cleaning device operating variables that shall be monitored to detect a malfunction or failure, the normal operating range of these variables, and a description of the method of monitoring or surveillance procedures.

(c) A description of the corrective procedures or operational changes that shall be taken in the event of a malfunction or failure to achieve compliance with the applicable emission limits.

(3) A malfunction abatement plan required by subrule (1) of this rule shall be submittedto the department and shall be subject to review and approval by the department. If, in the opinion of the department, the plan does not adequatelycarry out the objectives as set forth in subrules (1) and (2) of this rule, then the department may disapprove the plan, state its reasons for disapproval, and order the preparation of an amended plan within the time period specified in the order. If, within the time period specified in the order, an amended plan is submitted which, in the opinion of the department, fails to meet the objective, then the department, on its own initiative, may amend the planto cause it to meet the objective.

(4) Within 180 days after the department approves a malfunction abatement plan, a person responsible for the preparation of a malfunction abatement plan shall implement the malfunction abatement plan required by subrule (1) of this rule.

**History**
- *History: 1980 AACS; 2002 AACS; 2015 AACS.*

##### **Mich. Admin. Code R 336.1912** Abnormal conditions, start-up, shutdown, and malfunction of a source, process, or process equipment, operating, notification, and reporting requirements {#sec-r-336.1912 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1912}

Rule 912. (1) The owner or operator of a source, process, or process equipment shall, to the extent reasonably possible, operate a source, process, or process equipment in a manner consistent with good air pollution control practices for minimizing emissions during periods of abnormal conditions, start-up, shutdown, and malfunctions. A source, process, or process equipment that complies with all applicable emission standards and limitations during periods of abnormal conditions, start-up, shutdown, and malfunction shall be presumed to have been operated in a manner consistent with good air pollution control practices for minimizing emissions.

(2) The owner or operator of a source, process, or process equipment shall provide notice of an abnormal condition, start-up, shutdown, or a malfunction that results in emissions of a hazardous air pollutant which continue for more than 1 hour in excess of any applicable standard or limitation established by the clean air act or the emissions of a toxic air contaminant which continue for more than 1 hour in excess of an emission standard established by a rule promulgated under the air pollution act or an emission limitation specified in a permit issued or order entered under the air pollution act.

(3) The owner or operator of a source, process, or process equipment shall provide notice and a written report of an abnormal condition, start-up, shutdown, or a malfunction that results in emissions of any air contaminant continuing for more than 2 hours in excess of a standard or limitation established by any applicable requirement.

(4) The notices required by this rule shall be provided to the department as soon as reasonably possible, but not later than 2 business days after the start-up or shutdown or after discovery of the abnormal conditions or malfunction. Notice shall be by any reasonable means, including electronic, telephonic, or oral communication.

(5) The written reports required under this rule shall be submitted within 10 days after the start-up or shutdown occurred, within 10 days after the abnormal conditions or malfunction has been corrected, or within 30 days of discovery of the abnormal conditions or malfunction, whichever is first. The written reports shall include all of the following information:

(a) The time and date, the probable causes or reasons for, and the duration of the abnormal conditions, start-up, shutdown, or malfunction.

(b) An identification of the source, process, or process equipment that experienced abnormal conditions, was started up or shut down, or which malfunctioned and all other affected process or process equipment that have emissions in excess of an applicable requirement, including a description of the type and, where known or where it is reasonably possible to estimate, the quantity or magnitude of emissions in excess of applicable requirements.

(d) For abnormal conditions and malfunctions, the report shall also include a summary of the actions taken to correct and to prevent a reoccurrence of the abnormal conditions or malfunction and the time taken to correct the malfunction.

(6) Actions taken to correct and to prevent a reoccurrence of an abnormal condition or a malfunction shall become a part of any preventative maintenance and malfunction abatement plan required by R 336.1911.

(7) The truth, accuracy, and completeness of the written reports required under this rule for a stationary source subject to the requirements of R 336.1210 shall be certified by a responsible official in a manner consistent with the clean air act.

**History**
- *History: 1980 AACS; 1995 AACS; 2015 AACS.*

##### **Mich. Admin. Code R 336.1913** Rescinded {#sec-r-336.1913 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1913}

**History**
- *History: 1995 AACS; 2001 AACS.*

##### **Mich. Admin. Code R 336.1914** Rescinded {#sec-r-336.1914 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1914}

**History**
- *History: 1995 AACS; 2001 AACS.*

##### **Mich. Admin. Code R 336.1915** Enforcement discretion in instances of excess emissions resulting from malfunction, start-up, or shutdown {#sec-r-336.1915 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1915}

Rule 915. (1) In determining whether the department will pursue enforcement against a person, the department shall consider evidence that the emission violations resulted from a malfunction, start-up, or shutdown.

(2) If the department determines that the emission violations resulted from a malfunction, start-up, or shutdown, then the department may use enforcement discretion when resolving the emission violations based upon subrules (3) and (4) of this rule, as applicable.

(3) A person may submit evidence to the department for its consideration in determining that the emission violations resulted from a malfunction. The evidence shall demonstrate all of the following, as applicable:

(a) The excess emissions were a result of a sudden and unavoidable breakdown of process or control equipment, beyond the reasonable control of the person.

(b)The air pollution control equipment, process equipment, and processes were maintained and operated in a manner consistent with good practice for minimizing emissions, to the maximum extent practicable.

(c)The excess emissions caused by a bypass (an intentional diversion of control equipment) were unavoidable to prevent loss of life, personal injury, or severe property damage.

(d)Repairs were made in an expeditious fashion when the person knew or should have known that applicable emission limitations were being exceeded. To the extent practicable, off-shift labor and overtime shall have been utilized to ensure that the repairs were made expeditiously.

(e)The amount and duration of excess emissions, including any bypass, were minimized to the maximum extent practicable during periods of the emissions.

(f) All reasonably possible steps were taken to minimize the impact of the excess emissions on ambient air quality.

(g)The excess emissions resulting from the malfunction were not part of a recurring pattern indicative of inadequate design, operation, or maintenance.

(h)The malfunction was an infrequent event and was not reasonably preventable.

(i)All emission monitoring systems were kept in operation if at all possible.

(j) The person responsible for operating the source of air contaminants has a malfunction abatement plan, consistent with the requirements set forth in R 336.1911(2) and with both of the following provisions:

(i) Any malfunction abatement plan developed in accordance with R 336.1911(2) shall be maintained onsite and available for inspection, upon request, by the department for the life of the emission unit or units. The department may require that the person responsible for the malfunction abatement plan make revisions to the plan. The person shall revise the malfunction abatement plan within 45 days after a request by the department. The revised malfunction abatement plan shall be developed in accordance with R 336.1911(2).

(ii) If the malfunction abatement plan fails to address or inadequately addresses an event that meets the characteristics of a malfunction at the time the plan is initially developed, then the person shall revise the malfunction abatement plan within 45 days after the event occurs.

The revised malfunction abatement plan shall be developed in accordance with R 336.1911(2).

(k)The excess emissions presenting an imminent threat to human health, safety, or the environment were reported to the department as soon as possible. Unless otherwise specified in the facility's permit, other excess emissions were reported as provided in R 336.1912. If requested by the department, a person shall submit a full written report that includes the known causes, the corrective actions taken, and the preventive measures to be taken to minimize or eliminate the chance of recurrence.

(l)The actions during the period of excess emissions were documented by contemporaneous operating logs or other relevant evidence as provided by R 336.1912.

(m)Any information submitted to the department under this subrule shall be properly certified in accordance with the provisions of R 336.1912.

(4) A person may submit evidence to the department for its consideration in determining that the emission violations resulted from a start-up or shutdown. The evidence shall be based upon subrules (3)(b), (c), (e), (f), (i), (k), (l), and (m) of this rule; subdivisions (a), (b), (c) of this subrule; and R 336.1912, as applicable.

(a) The periods of excess emissions that occurred during start-up or shutdown were short and infrequent and could not have been prevented through careful planning and design.

(b) The excess emissions that occurred during start-up or shutdown were not part of a recurring pattern indicative of inadequate design, operation, or maintenance.

(c) The person responsible for operating the source of air contaminants has a preventative maintenance plan, consistent with the requirements set forth in R 336.1911(2)(a).

(5) For an emission unit or units subject to standards and limitations promulgated pursuant to section 111 or 112 of the clean air act, the start-up, shutdown, or malfunction provisions of the applicable requirements within section 111 or 112 shall apply.

(6) Nothing in this rule shall be construed to limit the authority of the department to seek injunctive relief or to enforce the provisions of the act and the regulations promulgated under the act.

**History**
- *History: 2002 AACS.*

##### **Mich. Admin. Code R 336.1916** Affirmative defense for excess emissions during start-up or shutdown for violations of R 336.1224 to R 336.1228 and R 336.1901 {#sec-r-336.1916 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1916}

Rule 916. (1) The person operating a source with emissions in excess of an applicable emission limitation due to start-up or shutdown may claim an affirmative defense to an enforcement proceeding for violations of R 336.1224 to R 336.1228 and R 336.1901, excluding a judicial action seeking injunctive relief, if the person has complied with the reporting requirements of R 336.1912 and has demonstrated all of the following:

(a) The periods of excess emissions that occurred during start-up or shutdown were short and infrequent and could not have been prevented through careful planning and design.

(b) The excess emissions that occurred during start-up or shutdown were not part of a recurring pattern indicative of inadequate design, operation, or maintenance.

(c) The excess emissions caused by a bypass (an intentional diversion of control equipment) were unavoidable to prevent loss of life, personal injury, or severe property damage.

(d) The facility was operated at all times in a manner consistent with good practice for minimizing emissions.

(e) The frequency and duration of operating in start-up or shutdown mode were minimized to the maximum extent practicable.

(f) All reasonably possible steps were taken to minimize the impact of the excess emissions on ambient air quality.

(g) All emission monitoring systems were kept in operation if at all possible.

(h) The actions during the period of excess emissions were documented by contemporaneous operating logs or other relevant evidence as provided by R 336.1912.

(i) Excess emissions presenting an imminent threat to human health, safety, or the environment were reported to the department as soon as possible.

(j) Unless otherwise specified in the facility's permit, other excess emissions were reported as provided in R 336.1912. If requested by the department, a person shall submit a full written report that includes the known causes, the corrective actions taken, and the preventive measures to be taken to minimize or eliminate the chance of recurrence.

(k) Any information submitted to the department under this subrule shall be properly certified in accordance with the provisions of R 336.1912.

(2) This affirmative defense does not apply when a single emission unit, or multiple emission units at a stationary source, causes an exceedance of the national ambient air quality standards or any applicable prevention of significant deterioration increment.

(3) If the proximate cause of the excess emissions which occurred during routine start-up or shutdown periods was due to a malfunction, then, absent any intervening acts or superseding causes, the instances shall be treated as malfunctions in accordance with R 336.1915.

(4) Nothing in this rule shall be construed to limit the authority of the department to seek injunctive relief or to enforce the provisions of the act and the regulations promulgated under the act.

**History**
- *History: 2002 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 336.1930** Emission of carbon monoxide from ferrous cupola operations {#sec-r-336.1930 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1930}

Rule 930. (1) It is unlawful for a person to operate a ferrous cupola that has a melting capacity of 20 or more tons per hour located within any area listed in Table 91, unless the ferrous cupola is equipped with an afterburner control system, or equivalent, which reduces the carbon monoxide emissions from the ferrous cupola by 90%.

(2) The emission rate of carbon monoxide from a ferrous cupola shall be determined by using 40 C.F.R. Part 60, Appendix A, reference test method 10, adopted by reference in R 336.1902, unless otherwise specified by the department.

TABLE 91

Areas Subject to R 336.1930 CountyArea Wayne T01S, R09E to R12E T02S, R09E to R11E T03S, R09E to R10E

**History**
- *History: 1995 AACS; 2001 AACS; 2015 AACS; 2016 AACS.*

##### **Mich. Admin. Code R 336.1931** Rescinded {#sec-r-336.1931 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1931}

**History**
- *History: 1999 AACS; 2002 AACS; 2015 AACS.*

##### **Mich. Admin. Code R 336.1932** Rescinded {#sec-r-336.1932 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1932}

**History**
- *History: 1999 AACS; 2002 AACS; 2015 AACS.*

##### **Mich. Admin. Code R 336.1933** Rescinded {#sec-r-336.1933 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1933}

**History**
- *History: 2000 AACS; 2013 AACS.*

##### **Mich. Admin. Code R 336.1940** Ethylene Oxide Emissions Standards for Sterilization Facilities {#sec-r-336.1940 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1940}

Rule 940. (1)The provisions of 40 C.F.R.Part 63, Subpart O, are adopted by reference in R 336.1902. A person responsible for the operation of a facility subject to the provisions of "Ethylene Oxide Emissions Standards for Sterilization Facilities,"40 C.F.R.Part 63, Subpart O, shall comply with those provisions.

(2) For the purpose of this rule, the terms "administrator" and “EPA” as used in 40 C.F.R.

Part 63, Subpart O mean the department.

**History**
- *History: 2000 AACS; 2008 AACS; 2015 AACS.*

##### **Mich. Admin. Code R 336.1941** Emission standards for chromium emissions from hard and decorative chromium electroplating and chromium anodizing tanks {#sec-r-336.1941 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1941}

Rule 941. (1)The provisions of 40 C.F.R.Part 63, subpart N, are adopted by reference in R 336.1902. A person responsible for the operation of a facility that is subject to the provisions of "National Emission Standards for Chromium Emissions from Hard and Decorative Chromium Electroplating and Chromium Anodizing Tanks," 40 C.F.R.

Part 63, Subpart N, shall comply with those provisions.

(2) For the purpose of this rule, the terms "administrator" and “EPA” as used in 40 C.F.R.

Part 63, Subpart N mean the department.

**History**
- *History: 2000 AACS; 2008 AACS; 2015 AACS.*

##### **Mich. Admin. Code R 336.1942** Emission standards for asbestos {#sec-r-336.1942 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1942}

Rule 942. (1) The provisions of 40 C.F.R.Part 61, Subpart M, are adopted by reference in R 336.1902. A person that is subject to the provisions of "National Emission Standards for Asbestos," 40 C.F.R. Part 61, Subpart M, shall comply with those provisions.

(2) For the purpose of this rule, the terms "administrator" and “EPA” as used in 40 C.F.R.

Part 61, Subpart M mean the department.

**History**
- *History: 2000 AACS; 2008 AACS; 2015 AACS.*

##### **Mich. Admin. Code R 336.1943** General provisions for emission standard {#sec-r-336.1943 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1943}

Rule 943. (1) The provisions of 40 C.F.R. Part 63, Subpart A, are adopted by reference in R 336.1902. The owner or operator of a facility subject to the provisions of "General Provisions," 40 C.F.R.Part 63, Subpart A, shall comply with those provisions.

(2) For purposes of this rule, the terms "administrator" and "EPA" as used in 40 C.F.R. Part 63, Subpart A mean the department.

**History**
- *History: 2008 AACS; 2015 AACS.*

##### **Mich. Admin. Code R 336.1944** Emission standards for Portland cement manufacturing {#sec-r-336.1944 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1944}

Rule 944. (1) The provisions of 40 C.F.R. Part 63, Subpart LLL, are adopted by reference in R 336.1902. The owner or operator of a facility subject to the provisions of "National Emission Standards for Hazardous Air Pollutants from the Portland Cement Manufacturing Industry," 40 C.F.R. Part 63, Subpart LLL, shall comply with those provisions.

(2) For purposes of this rule, the terms "administrator" and "EPA" as used in 40 C.F.R. Part 63, Subpart LLL mean the department.

**History**
- *History: 2008 AACS; 2015 AACS.*

##### **Mich. Admin. Code R 336.1945** Emission standards for publicly owned treatment works {#sec-r-336.1945 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1945}

Rule 945. (1) The provisions of 40 C.F.R. Part 63, Subpart VVV, are adopted by reference in R 336.1902. The owner or operator of a facility subject to the provisions of "National Emission Standards for Hazardous Air Pollutants: Publicly Owned Treatment Works," 40 C.F.R. Part 63, Subpart VVV, shall comply with those provisions.

(2) For purposes of this rule, the terms "administrator" and "EPA" as used in 40 C.F.R. Part 63, Subpart VVV mean the department.

**History**
- *History: 2008 AACS; 2015 AACS.*

##### **Mich. Admin. Code R 336.1946** Emission standards for secondary aluminum production {#sec-r-336.1946 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1946}

Rule 946. (1) The provisions of 40 C.F.R. Part 63, Subpart RRR, are adopted by reference in R 336.1902. The owner or operator of a facility subject to the provisions of "National Emission Standards for Hazardous Air Pollutants for Secondary Aluminum Production," 40 C.F.R. Part 63, Subpart RRR, shall comply with those provisions.

(2) For purposes of this rule, the terms "administrator" and "EPA" as used in 40 C.F.R. Part 63, Subpart RRR mean the department.

**History**
- *History: 2008 AACS; 2015 AACS.*

##### **Mich. Admin. Code R 336.1947** Emission standards for site remediation {#sec-r-336.1947 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1947}

Rule 947. (1) The provisions of 40 C.F.R. Part 63, Subpart GGGGG, are adopted by reference in R 336.1902. The owner or operator of a facility subject to the provisions of "National Emission Standards for Hazardous Air Pollutants: Site Remediation," 40 C.F.R. Part 63, Subpart GGGGG, shall comply with those provisions.

(2) For purposes of this rule, the terms "administrator" and "EPA" as used in 40 C.F.R. Part 63, Subpart GGGGG mean the department.

**History**
- *History: 2008 AACS; 2015 AACS.*

##### **Mich. Admin. Code R 336.1948** Emission standards for area sources: electric arc furnace steelmaking facilities {#sec-r-336.1948 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1948}

Rule 948. (1) The provisions of 40 C.F.R. Part 63, Subpart YYYYY, are adopted by reference in R 336.1902. The owner or operator of a facility subject to the provisions of “National Emission Standards for Hazardous Air Pollutants for Area Sources: Electric Arc Furnace Steelmaking Facilities,” 40 C.F.R. Part 63, Subpart YYYYY, shall comply with those provisions.

(2) For purposes of this rule, the terms "administrator" and "EPA" as used in 40 C.F.R. Part 63, Subpart YYYYY mean the department.

**History**
- *History: 2013 AACS; 2015 AACS.*

##### **Mich. Admin. Code R 336.1949** Emissions standards for iron and steel foundry area sources {#sec-r-336.1949 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1949}

Rule 949. (1) The provisions of 40 C.F.R. Part 63, Subpart ZZZZZ, are adopted by reference in R 336.1902. The owner or operator of a facility subject to the provisions of “National Emission Standards for Hazardous Air Pollutants for Iron and Steel Foundries Area Sources,” 40 C.F.R. Part 63, Subpart ZZZZZ, shall comply with those provisions.

(2) For purposes of this rule, the terms "administrator" and "EPA" as used in 40 C.F.R. Part 63, Subpart ZZZZZ mean the department.

**History**
- *History: 2013 AACS; 2015 AACS.*

##### **Mich. Admin. Code R 336.1950** Emissions standards for aluminum, copper, and other nonferrous foundry area sources {#sec-r-336.1950 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1950}

Rule 950. (1) The provisions of 40 C.F.R. Part 63, Subpart ZZZZZZ, are adopted by reference in R 336.1902. The owner or operator of a facility subject to the provisions of “National Emission Standards for Hazardous Air Pollutants: Area Source Standards for Aluminum, Copper, and Other Nonferrous Foundries,” 40 C.F.R. Part 63, Subpart ZZZZZZ, shall comply with those provisions.

(2) For purposes of this rule, the terms "administrator" and "EPA" as used in 40 C.F.R. Part 63, Subpart ZZZZZZ mean the department.

**History**
- *History: 2013 AACS; 2015 AACS.*

##### **Mich. Admin. Code R 336.1951** Emissions standards for secondary lead smelting {#sec-r-336.1951 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1951}

Rule 951. (1) The provisions of 40 C.F.R. Part 63, Subpart X, are adopted by reference in R 336.1902. The owner or operator of a facility subject to the provisions of “National Emissions Standards for Hazardous Air Pollutants from Secondary Lead Smelting,” 40 C.F.R. Part 63, Subpart X, shall comply with those provisions.

(2) For purposes of this rule, the terms "administrator" and "EPA" as used in 40 C.F.R. Part 63, Subpart X mean the department.

**History**
- *History: 2015 AACS.*

##### **Mich. Admin. Code R 336.1952** Emissions standards for hazardous waste combustors {#sec-r-336.1952 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1952}

Rule 952. (1) The provisions of 40 C.F.R. Part 63, Subpart EEE, are adopted by reference in R 336.1902. The owner or operator of a facility subject to the provisions of “National Emissions Standards for Hazardous Air Pollutants from Hazardous Waste Combustors,” 40 C.F.R. Part 63, Subpart EEE, shall comply with those provisions.

(2) For purposes of this rule, the terms "administrator" and "EPA" as used in 40 C.F.R. Part 63, Subpart EEE mean the department.

**History**
- *History: 2015 AACS.*

##### **Mich. Admin. Code R 336.1953** Emissions standards for mercury cell chlor-alkali plants {#sec-r-336.1953 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1953}

Rule 953. (1) The provisions of 40 C.F.R. Part 63, Subpart IIIII, are adopted by reference in R 336.1902. The owner or operator of a facility subject to the provisions of “National Emissions Standards for Hazardous Air Pollutants: Mercury Emissions from Mercury Cell Chlor-Alkali Plants,” 40 C.F.R. Part 63, Subpart IIIII, shall comply with those provisions.

(2) For purposes of this rule, the terms "administrator" and "EPA" as used in 40 C.F.R. Part 63, Subpart IIIII mean the department.

**History**
- *History: 2015 AACS.*

##### **Mich. Admin. Code R 336.1954** Emissions standards for primary copper smelting area sources {#sec-r-336.1954 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1954}

Rule 954. (1) The provisions of 40 C.F.R. Part 63, Subpart EEEEEE, are adopted by reference in R 336.1902. The owner or operator of a facility subject to the provisions of “National Emissions Standards for Hazardous Air Pollutants for Primary Copper Smelting Area Sources,” 40 C.F.R. Part 63, Subpart EEEEEE, shall comply with those provisions.

(2) For purposes of this rule, the terms "administrator" and "EPA" as used in 40 C.F.R. Part 63, Subpart EEEEEE mean the department.

**History**
- *History: 2015 AACS.*

##### **Mich. Admin. Code R 336.1955** Emissions standards for secondary copper smelting area sources {#sec-r-336.1955 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1955}

Rule 955. (1) The provisions of 40 C.F.R. Part 63, Subpart FFFFFF, are adopted by reference in R 336.1902. The owner or operator of a facility subject to the provisions of “National Emissions Standards for Hazardous Air Pollutants for Secondary Copper Smelting Area Sources,” 40 C.F.R. Part 63, Subpart FFFFFF, shall comply with those provisions.

(2) For purposes of this rule, the terms "administrator" and "EPA" as used in 40 C.F.R. Part 63, Subpart FFFFFF mean the department.

**History**
- *History: 2015 AACS.*

##### **Mich. Admin. Code R 336.1956** Emissions standards for primary nonferrous metals area sources – zinc, cadmium, and beryllium {#sec-r-336.1956 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1956}

Rule 956. (1) The provisions of 40 C.F.R. Part 63, Subpart GGGGGG, are adopted by reference in R 336.1902. The owner or operator of a facility subject to the provisions of “National Emissions Standards for Hazardous Air Pollutants for Primary Nonferrous Metals Area Sources – Zinc, Cadmium, and Beryllium,” 40 C.F.R. Part 63, Subpart GGGGGG, shall comply with those provisions.

(2) For purposes of this rule, the terms "administrator" and "EPA" as used in 40 C.F.R. Part 63, Subpart GGGGGG mean the department.

**History**
- *History: 2015 AACS.*

##### **Mich. Admin. Code R 336.1957** Emissions standards for carbon black production area sources {#sec-r-336.1957 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1957}

Rule 957. (1) The provisions of 40 C.F.R. Part 63, Subpart MMMMMM, are adopted by reference in R 336.1902. The owner or operator of a facility subject to the provisions of “National Emissions Standards for Hazardous Air Pollutants for Carbon Black Production Area Sources,” 40 C.F.R. Part 63, Subpart MMMMMM, shall comply with those provisions.

(2) For purposes of this rule, the terms "administrator" and "EPA" as used in 40 C.F.R. Part 63, Subpart MMMMMM mean the department.

**History**
- *History: 2015 AACS.*

##### **Mich. Admin. Code R 336.1958** Emissions standards for chemical manufacturing area sources for chromium compounds {#sec-r-336.1958 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1958}

Rule 958. (1) The provisions of 40 C.F.R. Part 63, Subpart NNNNNN, are adopted by reference in R 336.1902. The owner or operator of a facility subject to the provisions of “National Emissions Standards for Hazardous Air Pollutants for Chemical Manufacturing Area Sources: Chromium Compounds,” 40 C.F.R. Part 63, Subpart NNNNNN, shall comply with those provisions.

(2) For purposes of this rule, the terms "administrator" and "EPA" as used in 40 C.F.R. Part 63, Subpart NNNNNN mean the department.

**History**
- *History: 2015 AACS.*

##### **Mich. Admin. Code R 336.1959** Emissions standards for glass manufacturing area sources {#sec-r-336.1959 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1959}

Rule 959. (1) The provisions of 40 C.F.R. Part 63, Subpart SSSSSS, are adopted by reference in R 336.1902. The owner or operator of a facility subject to the provisions of “National Emissions Standards for Hazardous Air Pollutants for Glass Manufacturing Area Sources,” 40 C.F.R. Part 63, Subpart SSSSSS, shall comply with those provisions.

(2) For purposes of this rule, the terms "administrator" and "EPA" as used in 40 C.F.R. Part 63, Subpart SSSSSS mean the department.

**History**
- *History: 2015 AACS.*

##### **Mich. Admin. Code R 336.1960** Emissions standards for chemical manufacturing area sources {#sec-r-336.1960 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1960}

Rule 960. (1) The provisions of 40 C.F.R. Part 63, Subpart VVVVVV, are adopted by reference in R 336.1902. The owner or operator of a facility subject to the provisions of “National Emissions Standards for Hazardous Air Pollutants for Chemical Manufacturing Area Sources,” 40 C.F.R. Part 63, Subpart VVVVVV, shall comply with those provisions.

(2) For purposes of this rule, the terms "administrator" and "EPA" as used in 40 C.F.R. Part 63, Subpart VVVVVV mean the department.

**History**
- *History: 2015 AACS.*

##### **Mich. Admin. Code R 336.1970** Rescinded {#sec-r-336.1970 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1970}

**History**
- *History: 2008 AACS; 2015 AACS.*

##### **Mich. Admin. Code R 336.1971** Best available retrofit technology or BART program {#sec-r-336.1971 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1971}

Rule 971. (1) The department shall determine applicability of best available retrofit technology based on the provisions of 40 C.F.R. §51.301 and Appendix Y to Part 51, adopted by reference in R 336.1902.

(2) The owner or operator of a unit subject to BART must perform an engineering analysis as described in the provisions of 40 C.F.R. §51.301 and Appendix Y to Part 51 and must provide the results of the analysis to the department within 60 days of the effective date of this rule.

(3) If an electric generating unit (EGU) subject to BART is subject to the trading programs of the Clean Air Interstate Rule under 40 C.F.R. Part 97, the owner or operator of the EGU is not required to conduct a BART analysis for sulfur dioxide and oxides of nitrogen emissions under this rule.

(4) An engineering analysis required by subrule (2) of this rule must be submitted to the department and is subject to review and approval by the department. If the department determines additional information is required, the department shall provide to the owner or operator additional information requests and comments in writing. The owner or operator shall provide the requested information within 60 days from receipt of written requests and comments from the department. The department may determine that more than 60 days will be allowed.

(5) The department shall determine the BART level of control for each unit subject to BART based on the engineering analysis referenced in subrule (2) of this rule, the provisions of 40 C.F.R. §51.301 and Appendix Y to Part 51, and other information which the department determines to be relevant.

(6) The owner or operator of a unit subject to BART shall enter into a permit to install or consent order with the department to make the BART provisions legally enforceable within 90 days of the department's approval of the engineering analysis, unless the department determines that more than 90 days will be allowed. BART controls must be in place and operating not later than 1 year from an approved engineering analysis.

(7) An owner or operator subject to this rule shall measure oxides of nitrogen and sulfur dioxide emissions with 1 or more of the following:

(a) A continuous emission monitoring system.

(b) An alternate method as described in 40 C.F.R. Part 60 or 75, adopted by reference in R 336.1902, as applicable and acceptable to the department.

(c) A method currently in use or a future method developed for use and acceptable to the department, including methods contained in existing permit conditions.

(8) An owner or operator of an emission unit that measures oxides of nitrogen or sulfur dioxide emissions by a continuous emission monitoring system shall do either of the following:

(a) Use procedures set forth in 40 C.F.R. Part 60, Subpart A and appendix B, and comply with the quality assurance procedures in appendix F, adopted by reference in R 336.1902, as applicable and acceptable to the department.

(b) Use procedures set forth in 40 C.F.R. Part 75, and associated appendices, adopted by reference in R 336.1902, as applicable and acceptable to the department.

(9) An owner or operator of an emission unit who uses a continuous emission monitoring system to demonstrate compliance with this rule and who has already installed a continuous emission monitoring system for oxides of nitrogen or sulfur dioxide pursuant to other applicable federal, state, or local rules shall meet the installation, testing, operation, quality assurance, and reporting requirements specified by the department.

(10) An owner or operator of an emission unit that is subject to this rule and has a permit or consent order issued under subrule (6) of this rule must submit at a minimum semi-annual summary reports, in an acceptable format, to the department by March 15 for the reporting period July 1 to December 31 and September 15 for the reporting period January 1 to June 30 of each calendar year. The reports must include all of the following information:

(a) The date, time, magnitude of emissions, and emission rates where applicable, of the specified emission unit or utility system.

(b) If emissions or emission rates exceed the emissions or emission rates allowed by the applicable emission limit, the cause, if known, and any corrective action taken.

(11) Quarterly summary reports, if required by the department pursuant to R 336.1213, must be submitted within 30 days following the end of the calendar quarter and may be used in place of the semi-annual reports required pursuant to subrule (10) of this rule.

**History**
- *History: 2008 AACS; 2015 AACS; 2019 AACS.*

##### **Mich. Admin. Code R 336.1972** Emissions standards for existing sewage sludge incineration units {#sec-r-336.1972 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1972}

Rule 972. (1) Except as provided in subdivisions (c) to (e) of this subrule, by March 21, 2016, each sewage sludge incineration (SSI) unit for which construction was commenced on or before October 14, 2010, defined under “Emission Guidelines and Compliance Times for Existing Sewage Sludge Incineration Units,” 40 C.F.R. §60.5250, shall achieve final compliance with the requirements of this rule. Final compliance means all process changes and control devices, as specified in the final control plan, are completed and operating as designed and the department receives notification of compliance, including a signature of the owner or operator of the unit.

(a) The SSI unit remains subject to the requirements and deadlines of this rule if any of the following apply:

(i) The owner or operator of a SSI unit makes physical or operation changes to the unit primarily to comply with this rule and the unit commenced construction on or before September 21, 2011.

(ii) The SSI unit closes and restarts prior to March 21, 2016.

(b) If the SSI unit closes and restarts after March 21, 2016, then the owner or operator of the unit shall meet the emission limits, emission standards, and operating limits in this rule on the date the unit restarts operations.

(c) A combustion unit that incinerates sewage sludge and is not located at a wastewater treatment facility designed to treat domestic sewage sludge is exempt from this rule upon notification to the department.

(d) If the owner or operator of a SSI unit makes changes that meet the definition of modification under 40 C.F.R. §60.5250 after September 21, 2011, the unit is subject to “Standards of Performance for New Sewage Sludge Incineration Units,” 40 C.F.R. Part 60, Subpart LLLL. Such unit is exempt from this rule upon notification to the department.

(e) If an owner or operator chooses to cease operation of the SSI unit rather than comply with this rule, a closure notification shall be submitted to the department by March 21, 2015.

(2) The owner or operator of a SSI unit that has not submitted a closure or exemption notification to the department shall submit an application for a renewable operating permit and, by March 21, 2015, shall submit a final control plan meeting the requirements of 40 C.F.R. §60.5110 that is signed by the owner or operator of the unit.

(3) By March 21, 2016, each SSI unit shall comply with the following provisions of “Emission Guidelines and Compliance Times for Existing Sewage Sludge Incineration Units,” 40 C.F.R. Part 60, Subpart MMMM, adopted by reference in R 336.1902:

(a) “Increments of Progress,” 40 C.F.R. §60.5110.

(b) “Operator Training and Qualifications,” 40 C.F.R. §§60.5130 to 60.5160.

(d) “Initial Compliance Requirements,” 40 C.F.R. §§60.5185 to 60.5200.

(e) “Continuous Compliance Requirements,” 40 C.F.R. §§60.5205 to 60.5215.

(f) "Performance Testing, Monitoring, and Calibration Requirements,” 40 C.F.R. §§60.5220 to 60.5225.

(g) “Recordkeeping and Reporting,” 40 C.F.R. §§60.5230 to 60.5235.

(h) “Title V Operating Permits,” 40 C.F.R. §§60.5240 to 60.5245.

(i) “Definitions,” 40 C.F.R. §60.5250.

(j) Tables 2 to 6.

(4) For purposes of this rule the term "administrator" as used in 40 C.F.R. Part 60, Subpart MMMM means the department.

**History**
- *History: 2015 AACS.*

##### **Mich. Admin. Code R 336.1973** Standards for existing large municipal waste combustors {#sec-r-336.1973 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1973}

Rule 973 (1) This rule applies to all existing large municipal waste combustors (LMWC) and air curtain incinerators that have a combustion capacity greater than 250 tons per day of municipal solid waste, commenced construction by September 20, 1994.

(2) LMWCs defined under 40 C.F.R. §60.32b(b), (d) to (i), and (l) to (n), adopted by reference in R 336.1902, are exempt from this rule if the owner or operator notifies the department that the LMWC qualifies for the exemption and any applicable requirements listed in 40 C.F.R. §60.32b are followed.

(3) A LMWC remains subject to this rule if any physical or operational changes are made primarily for the purpose of complying with this rule. Those changes cannot be considered in determining modification or reconstruction under 40 C.F.R. Part 60, subparts Ea or Eb.

(4) Owners and operators of LMWCs shall submit documentation to the department, within 90 days of state plan approval, that the unit is operating under a fully trained LMWC operator required under 40 C.F.R. §60.35b, adopted by reference in R 336.1902, and that the LMWC is in compliance with the emission and operating limits in subrules (5) and (6) of this rule.

(5) Owners and operators of LMWCs shall comply with all of the following emission limits in 40 C.F.R. Part 60, Subparts Cb and Eb, adopted by reference in R 336.1902:

(a) Carbon monoxide limits in Table 3 in Subpart Cb (b) Fugitive ash emission limits in 40 C.F.R. §60.55b (c) Nitrogen oxide limits in Tables 1 and 2 in Subpart Cb (d) Other emission limits listed in Table 973:

Table 973 Pollutant Emission Limit Cadmium in 40 C.F.R. §60.33b(a)(2)(i) 35 μg/dscm+ Dioxin/furan in 40 C.F.R. §60.33b(c)

IF electrostatic precipitator, then 35 ng/dscm+ (total mass)

IF no electrostatic precipitator, then 30 ng/dscm+ (total mass)

Hydrogen Chloride in 40 C.F.R. §60.33b(b)(3) 29 ppm per volume OR 5% of the potential hydrogen chloride emission concentration (95% reduction by weight or volume), whichever is less stringent* Lead in 40 C.F.R. §60.33b(a)(4) 400 μg/dscm+ Mercury in 40 C.F.R. §60.33b(a)(3) 50 μg/dscm OR 15% of the potential mercury emission concentration (85% reduction by weight), whichever is less stringent+ Opacity in 40 C.F.R. §60.33b(a)(1)(iii) 10% (6 minute average)

Particulate Matter in 40 C.F.R. §60.33b(a)(1)(i) 25 mg/dscm+ Sulfur Dioxide in 40 C.F.R. §60.33b(b)(3) 29 ppm by volume OR 25% of the potential sulfur dioxide emission concentration (75% reduction by weight or volume), whichever is less stringent*º *Corrected to 7% oxygen, dry basis + Corrected to 7% oxygen º Based on 24-hour daily geometric mean (6) To comply with the nitrogen oxide emission limit in subrule (5) of this rule, owners or operators of a LMWC may average nitrogen oxide emissions as stated in 40 CFR §60.33b(d)(1)(i) to (v), adopted by reference in R 336.1902.

(7) Owners and operators of LMWCs shall comply with the following sections of 40 CFR Part 60, Subparts Cb and Eb, adopted by reference in R 336.1902:

(a) Definitions in 40 C.F.R. §60.31b and §60.51b.

(b) Operating practices in 40 C.F.R. §60.53b(b) and (c).

(c) Compliance and performance testing in 40 C.F.R. §60.58b,except as provided in §60.24(b)(2), and LMWC with a dioxin/furan emission level less than or equal to 15 nanograms per dry cubic meter total mass, corrected to 7 percent oxygen, may use the alternative performance testing schedule for dioxins/furans specified in 40 C.F.R. §60.58b(g)(5)(iii).

(d) Compliance dates in 40 C.F.R. §60.39b(h).

(e) Recordkeeping and reporting requirements in 40 C.F.R. §60.59b, except those in §60.59b(a), (b)(5), and (d)(11).

(f) Operator training and certification requirements listed in 40 C.F.R. §60.54b, submitted within 12 months after state plan approval according to 40 C.F.R. §60.59b(j) if applicable.

(8) For the purposes of this rule, the terms “administrator” and “EPA” as used in 40 C.F.R.

Part 60 and Subparts Cb and Eb, mean the department, except in the authorities retained by the U.S. EPA in 40 C.F.R. §60.30b(b).

Editor's Note: An obvious error in R 336.1973 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Michigan Register, 2019 MR 1. The memorandum requesting the correction was published in Michigan Register, 2019 MR 1.

**History**
- *History: 2016 AACS; 2019 AACS.*

##### **Mich. Admin. Code R 336.1974** Emissions standards for existing commercial and industrial solid waste incinerators {#sec-r-336.1974 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.1974}

Rule 974. (1) This rule applies to all existing Commercial and Industrial Solid Waste Incinerator (CISWI) units and all Air Curtain Incinerators (ACIs), defined under 40 CFR 60.2875, adopted by reference in R 336.1902.

(2) CISWI units and ACIs that commenced construction by November 30, 1999 must comply with this rule according to 40 CFR 60.2535(a)(1) and (2), adopted by reference in R 336.1902, or date of promulgation of this rule, whichever is later.

(3) The following units must comply with this rule according to 40 CFR 60.2535(b), adopted by reference in R 336.1902, or date of promulgation of this rule, whichever is later:

(a) Units in the incinerator subcategory or ACIs that commenced construction between November 30, 1999 and June 4, 2010, (b) Units in the incinerator subcategory or ACIs that commenced reconstruction or modification between June 1, 2001 and August 7, 2013, (c) Units in the small remote incinerator, energy recovery, or waste-burning kiln subcategories that commenced construction before June 4, 2010.

(4) CISWI units that are exempt under 40 CFR 60.2555, adopted by reference in R 336.1902, are exempt from this rule if the applicable requirements listed in 40 CFR 60.2555 are followed.

(5) A CISWI unit or ACI is still subject to this rule, and not 40 CFR part 60, subpart CCCC, if the owner or operator makes physical or operational changes primarily to comply with this rule. However, modification or reconstruction of a CISWI unit or ACI made after August 7, 2013 makes that unit subject to 40 CFR part 60, subpart CCCC, and not this rule.

(6) Owners and operators of CISWI units and ACIs subject to this rule must comply with the following reporting requirements and timelines of 40 CFR part 60, subpart DDDD, “Emission Guidelines and Compliance Times for Commercial and Industrial Solid Waste Incineration Units,” adopted by reference in R 336.1902:

(a) Final control plan and notification of final compliance required under 40 CFR 60.2575 to 60.2600, and 60.2815 to 60.2840 by the compliance date of this rule.

(b) Waste management plan required under 40 CFR 60.2620 to 60.2630 by the compliance date of this rule.

(c) Report submittal requirement under 40 CFR 60.2760 for the initial test results obtained under 40 CFR 60.2700, site-specific operating limits established under 40 CFR 60.2675 or 60.2680, and fabric filter documentation required by 40 CFR 60.2730(b).

(d) Annual report requirements under 40 CFR 60.2765 and 60.2770.

(e) Deviation report requirements under 40 CFR 60.2775, 60.2780, and 60.2785.

(f) Notification and recordkeeping required under 40 CFR 60.7. (40 CFR 60.7 is adopted by reference in R 336.1902).

(g) Notification and timing requirements under 40 CFR 60.2790(b) of continued operation with waste-to-fuel switch.

(7) Owners and operators of CISWI units and ACIs subject to this rule must comply with the following applicable sections of 40 CFR part 60, subpart DDDD, adopted by reference in R 336.1902:

(a) Achieving final compliance in 40 CFR 60.2605 and 60.2845.

(b) Closing or reopening of unit in 40 CFR 60.2610 to 60.2615, and 60.2850 to 60.2855.

(d) Operator training and qualifications in 40 CFR 60.2635 to 60.2665.

(e) Emission and operating limits in 40 CFR 60.2670 to 60.2680, 60.2860, and the applicable Tables 2 to 3 and 6 to 9.

(f) Performance testing in 40 CFR 60.2690 to 60.2695.

(g) Initial and continuous compliance and inspection of control equipment in 40 CFR 60.2700 to 60.2725, 60.2865 and 60.8 (40 CFR 60.8 is adopted by reference in R 336.1902).

(h) Monitoring in 40 CFR 60.2730 to 60.2735, and 60.2865.

(i) Recordkeeping in 40 CFR 60.2660(a), 60.2740 to 60.2745, and 60.2870.

(j) Title V Operating Permit requirements in 40 CFR 60.2805.

(k) Toxic Equivalency Factors in Table 4.

(l) Definitions in 40 CFR 60.2875.

(m) Reporting formats and date changes in 40 CFR 60.2795 and 60.2800.

(n) Air curtain incinerator requirements in 40 CFR 60.2810.

(8) For the purposes of this rule, the terms “administrator” and “EPA” as used in 40 CFR part 60, subpart DDDD, mean the department, except in the authorities retained by the U.S.

EPA in 40 CFR 60.2542.

**History**
- *History: 2019 AACS; 2021 AACS.*

### **R 336.2001 to R 336.2060** Part 10. Intermittent Testing and Sampling

##### **Mich. Admin. Code R 336.2001** Performance tests by owner {#sec-r-336.2001 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.2001}

DEPARTMENT OF ENVIRONMENT, GREAT LAKES, AND ENERGY

AIR QUALITY DIVISION

AIR POLLUTION CONTROL

(By authority conferred on the director of the department of environment, Great Lakes, and energy by sections 5503 and 5512 of the natural resource and environmental protection act, 1994 PA 451, MCL 324.5503 and 324.5512, and Executive Reorganization Order Nos. 1995-16, 2009-31, 2011-1, 2019-1, MCL 324.99903, 324.99919, 324.99921, and 324.99923)

PART 10. INTERMITTENT TESTING AND SAMPLING

Rule 1001. (1) The department may require the owner or operator of a source of air contaminant to conduct acceptable performance tests, at the owner's or operator's expense, in accordance with R 336.2003 under any of the following conditions:

(a) Reserved.

(b) The source is determined to be in violation of R 336.1301 and the potential emissions exceed 100 tons per year.

(c) The owner or operator of the source has not submitted an acceptable performance test, in accordance with R 336.2003, that demonstrates the source complies with either the department's rules or the conditions specified in the permit to install, or both.

(d) The source of air contaminant is located in an area designated as nonattainment for 1 or more air pollutants, and more than 12 months have expired since the date of the last performance test for such designated nonattainment pollutants.

(e) The source of air contaminant has potential emissions in excess of 100 tons per year, is located in an area designated as attainment for 1 or more air pollutants, and more than 36 months have expired since the date of the last performance test for the designated attainment pollutants.

(f) After completion of a compliance program.

(2) Performance tests required by subrule (1) of this rule must be conducted within 60 days following receipt of written notification from the department, unless otherwise authorized by the department.

(3) Not less than 30 days before a performance test, as required by subrule (1) of this rule, the owner or operator, or an authorized agent, shall do both of the following:

(a) Submit a site-specific test plan for approval by the department. The plan must include a test program summary, test schedule, and the quality assurance measures to be applied.

(b) Notify the department, in writing, of the time and place of the performance tests and who shall conduct them as provided in the site-specific test plan required under subdivision (a) of this subrule. A representative of the department shall have the opportunity to witness these tests.

(4) Results of performance tests must be submitted to the department in the format prescribed by the applicable reference test method within 60 days after the last date of the test.

**History**
- *History: 1980 AACS; 2002 AACS; 2009 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 336.2002** Performance tests by department {#sec-r-336.2002 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.2002}

Rule 1002. (1) The department may conduct performance tests in accordance with R 336.2003 at any source of air contaminant, on behalf of the state, at a reasonable time and at the state's expense. During the conduct of such tests, the department may obtain samples of any air contaminant and samples of any material entering or exiting the source or aircleaning device for the purpose of evaluating pollutant emissions with respect to process operating conditions.

(2) The department shall provide written notification to the owner or operator of a source of the department's intent to conduct performance tests pursuant to subrule (1). Within 30 days of receipt of such notification, the owner or operator shall provide, and bear the expense of, performance test facilities as specified by the department, including the following:

(a) Sampling ports adequate for reference test methods applicable to the source.

(b) Safe sampling platforms as required.

(d) A suitable power source within 50 feet of any sampling location designated by the department. Upon request, additional time for installing the required performance test facilities may be authorized by the department for special situations.

(3) The owner shall not be responsible for providing sampling instruments and sensing devices.

(4) Results of performance tests shall be furnished to the owner or operator, or both, in the format prescribed by the applicable reference test method within 60 days following the last date of the test.

**History**
- *History: 1980 AACS; 2002 AACS.*

##### **Mich. Admin. Code R 336.2003** Performance test criteria {#sec-r-336.2003 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.2003}

Rule 1003. (1) Performance tests must be conducted and data reduced according to the reference test methods listed in R 336.2004, unless the department does any of the following:

(a) Specifies or approves, in specific cases, the use of a reference test method with minor changes in procedures or equipment.

(b) Approves the use of an equivalent method.

(c) Specifies or approves the use of an alternative method if an applicable reference test method does not exist for a specific air contaminant or source of air contaminant.

(2) Unless otherwise approved by the department, a performance test must consist of a minimum of 3 separate samples of a specific air contaminant conducted within a 36-hour period that starts once the probe enters the stack. Any data measured within the 36-hour period must be recorded and provided to the department. Each of the 3 separate samples must be obtained while the source is operating at a similar production level, as described under subrule (3) of this rule. For the purpose of determining compliance with an applicable emission limit, rule, or permit condition, the arithmetic mean of results of the 3 samples must apply. If a sample is accidentally lost or conditions occur in which 1 of the 3 samples must be discontinued because of forced shutdown, failure of an irreplaceable portion of the sampling train, extreme meteorological conditions, or other circumstances beyond the owner's or operator's control, then compliance may, upon the approval of the department, be determined using the arithmetic mean of the results of 2 samples.

(3) All performance tests must be conducted while the source of air contaminant is operating at maximum routine operating conditions, or under other conditions, within the capacity of the equipment, as may be requested by the department. Other conditions may include source operating periods of startup, shutdown, or other operations, excluding malfunction, specific to certain sources. Routine operating conditions must also include those specified within a permit to install or a permit to operate. The owner or operator shall make available to the department the records that may be necessary to determine the conditions of source operation that occurred during the period of time of the performance test.

(4) For sources that are subject to an emission limitation calculated to 50% excess air, the multipoint, integrated sampling at every traverse point must be used with method 3, 3A, or 3Bfor gas analysis. For all other sources that require a determination of the molecular weight of the exhaust, an optional sampling procedure of method 3, 3A, or 3B may be used.

Alternatives or modifications to procedures are subject to the approval of the department.

(5) For reference test method 5B, which is described in R 336.2011, reference test method 5C, which is described in R 336.2012, and reference test method 5E, which is described in R 336.1014, the minimum volume per sample must be 30 cubic feet of dry gas corrected to standard conditions, 68 degrees Fahrenheit, 29.92 inches mercury. Minimum sample time must be 60 minutes, which may be continuous or a combination of shorter sampling periods for sources that operate in a cyclic manner. Smaller sampling times or sample volumes, when necessitated by process variables or other factors, may be approved by the department.

**History**
- *History: 1980 AACS; 2002 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 336.2004** Reference test methods; adoption of federal reference test methods {#sec-r-336.2004 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.2004}

Rule 1004. (1) The federal test methods described in the provisions of 40 CFR part 60, appendix A, adopted by reference in R 336.1902, are test methods for performance tests required pursuant to the provisions of this part and include, but are not limited to, the following:

(a) Method 1 - Sample and velocity traverse for stationary sources.

(b) Method 1A - Sample and velocity traverses for stationary sources with small stacks or ducts.

(d) Method 2A - Direct measurement of gas volume through pipes and small ducts.

(e) Method 2C - Determination of stack gas velocity and volumetric flow rate in small stacks and ducts (standard pitot tube).

(f) Method 2D - Measurement of gas volumetric flow rates in small pipes and ducts.

(g) Method 3 - Gas analysis for the determination of dry molecular weight.

(h) Method 4 - Determination of moisture content in stack gases.

(i) Method 5 - Determination of particulate matter emissions from stationary sources.

(j) Method 6 - Determination of sulfur dioxide emissions from stationary sources.

(k) Method 7 - Determination of nitrogen oxide emissions from stationary sources.

(l) Method 8 - Determination of sulfuric acid mist and sulfur dioxide emissions from stationary sources.

(m) Method 9 - Visual determination of the opacity of emissions from stationary sources.

(n) Method 10 - Determination of carbon monoxide emissions from stationary sources.

(o) Method 10B - Determination of carbon monoxide emissions from stationary sources.

(p) Method 18 - Measurement of gaseous organic compound emissions by gas chromatography.

(q) Method 21 - Determination of volatile organic compound leaks.

(r) Method 24 - Determination of volatile matter content, water content, density, volume solids, and weight solids of surface coatings.

(s) Method 24A - Determination of volatile matter content and density of printing inks and related coatings.

(t) Method 25 - Determination of total gaseous nonmethane organic emissions as carbon.

(u) Method 25A - Determination of total gaseous organic concentration using a flame ionization analyzer.

(v) Method 27 - Determination of vapor tightness of gasoline delivery tank using pressure-vacuum test.

(w) Method 29 - Determination of metals emissions from stationary sources.

(x) Method 30A - Determination of total vapor phase mercury emissions from stationary sources (instrumental analyzer procedure).

(y) Method 30B - Determination of total vapor phase mercury emissions from coal-fired combustion sources using carbon sorbent traps.

(2) The federal test methods in the following provisions, adopted by reference in R 336.1902, are test methods for performance tests required pursuant to the provisions of this part:

(a) 40 CFR part 51, appendix M.

(b) 40 CFR part 61, appendix B.

(3) All alternatives that are subject to the approval of the administrator in the adopted federal reference methods are subject to the approval of the department.

(4) Determinations of compliance with visible emission standards for stationary sources must be conducted as specified in 40 CFR part 60, appendix A, test method 9 or another alternative method approved by the department, with the following exceptions:

(a) Visible emissions from a scarfing operation at a steel manufacturing facility must be determined as specified in reference test method 9A, which is described in R 336.2030.

(b) Visible emissions from a coke oven pushing operation and fugitive coke oven visible emissions must be determined as specified in reference test method 9B, which is described in R 336.2031.

(c) Visible emissions, fugitive and nonfugitive, from basic oxygen furnace operations, hot metal transfer operations, and hot metal desulfurization operations must be determined as specified in reference method 9C, which is described in R 336.2032.

(5) Determinations of particulate emission rates for stationary sources must be conducted as specified in 1 or more of the following reference test methods:

(a) Reference test method 5B, which is described in R 336.2011.

(b) Reference test method 5C, which is described in R 336.2012.

(d) Reference test method 5E, which is described in R 336.2014.

(e) "Standard Methods for the Examination of Water and Wastewater," (23rd edition), as described and modified in R 336.2033.

(6) Determinations of total gaseous nonmethane organic emissions as carbon, using the alternate version of federal test method 25 under 40 CFR part 60, appendix A, incorporating the Byron analysis, must be conducted as specified in R 336.2006.

Editor's Note: An obvious error in R 336.2004 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Annual Administrative Code Supplement 2025. The memorandum requesting the correction was published in Michigan Register, 2026 MR 16.

**History**
- *History: 1980 AACS; 1985 AACS; 1989 AACS; 1993 AACS; 1998-2000 AACS; 2002 AACS; 2006 AACS; 2009 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 336.2005** Reference test methods for state-requested tests of delivery vessels {#sec-r-336.2005 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.2005}

Rule 1005. The following reference test method shall be used to detect gasoline vapor leaks by a combustible gas detector:

(a) Principle. A combustible gas detector is used to indicate any incidence of leakage from gasoline delivery vessel tanks and vapor control systems. This qualitative monitoring procedure is an enforcement tool to confirm the continuing existence of leak-tight conditions.

(b) Applicability. This method is applicable to determining leak-tightness of gasoline delivery vessel tanks during loading without taking the delivery vessel tank out of service.

The method is applicable only if the vapor control system does not create back pressure in excess of the pressure limits of the delivery vessel tank compliance leak test. For vapor control systems, this method is applicable to determining leak-tightness at any time.

(i) Manometer. Liquid manometer, or equivalent, capable of measuring up to 0.9 pounds per square inch (24.9 inches of water) gauge pressure within 0.003 pounds per square inch (0.1 inches of water) precision.

(ii) Combustible gas detector. A portable hydrocarbon gas analyzer with associated sampling line and probe which complies with all of the following provisions:

(A) Safety. The device is certified as safe for operation in explosive atmospheres.

(B) Range. The device shall have a minimum range of 0 to 100% of the lower explosive limit (LEL) as propane.

(D) Probe length. The probe sampling line shall be of sufficient length for easy maneuverability during testing.

(E) Response time. The response time for full-scale deflection shall be less than 8 seconds for a detector with a sampling line and probe attached.

(d) Test procedure. The following test procedure shall be complied with:

(i) Pressure. Place a pressure tap in the terminal, plant, or service station vapor control system as close as possible to the connection with the delivery vessel tank. Record the pressure periodically during testing.

(ii) Calibration. Calibrate the combustible gas detector with 2.2% propane, by volume, in air for 100% lower explosive limit response.

(iii) Monitoring procedure. During loading or unloading, check the periphery of all potential sources of leakage of the delivery vessel tank and of the terminal, plant, or service station vapor collection system with a combustible gas detector. The check shall comply with the following procedure:

(A) Probe distance. The probe inlet shall be 2.5 centimeters from the potential leak source.

(B) Probe movement. Move the probe slowly (2.0 centimeters per second).If there is any meter deflection at a potential leak source, move the probe to locate the point of highest meter response.

(C) Probe position. As much as possible, the probe inlet shall be positioned in the path of (parallel to) the vapor flow from a leak.

(D) Wind. Attempt, as much as possible, to block the wind from the area being monitored.

(iv) Recording. Record the highest detector reading and location for each incidence of leakage.

Editor's Note: An obvious error in R 336.2005 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Annual Administrative Code Supplement 2006. The memorandum requesting the correction was published in Michigan Register, 2026 MR 16.

**History**
- *History: 1981 AACS; 1989 AACS; 2002 AACS; 2006 AACS.*

##### **Mich. Admin. Code R 336.2006** Reference test method serving as alternate version of federal reference test method 25 by incorporating Byron analysis {#sec-r-336.2006 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.2006}

Rule 1006. When using the alternate version of federal reference test method 25 incorporating the Byron analysis, the procedures in method 25, which are described in R 336.2004, shall be followed, except that all of the following parts in method 25 are amended to read as follows: 1.2 Principle. An emission sample is withdrawn from a stack at a constant rate through a stainless steel absorber tube packed with porasil; the gaseous portion of the sample is pulled past a battery-operated sampling pump into a tedlar bag. After sampling is complete, the contents of the tedlar bag are analyzed on an automated gas chromatograph (GC), and the sample in the porasil packed tube is heated to remove all components for analysis on the GC. The GC separates CO, CO2, and CH4 from the nonmethane organics (NMO), then converts the NMOs to methane for analysis.

2. Apparatus. The sampling system consists of a nonmethane organic (NMO) absorber tube, a sampling pump, and a sample bag (figure 25-1). The analytical system has 2 parts the oven for removing the sample from the absorber tube and an automated gas chromatograph (GC). 2.1 Sampling. All of the following equipment is required, as shown in figure 25-1: 2.1.1 Heated probe. 6.4-millimeter (mm) (1/4-inch (in.)) outside diameter (o.d.) stainless steel tubing with a heating system that is capable of maintaining a gas temperature at the exit end of not less than 129 degrees Centigrade (265 degrees Fahrenheit). The probe shall be equipped with a thermocouple at the exit end to monitor the gas temperature. The nozzle is an elbow fitting that is attached to the front end of the probe while the thermocouple is inserted in the side arm of a tee fitting that is attached to the rear of the probe. The probe is wrapped with a suitable length of high-temperature heating tape and then covered with 2 layers of glass cloth insulation and 1 layer of aluminum foil. 2.1.2 Heated prefilter-only for stacks with possible particulate matter interference. A stainless steel filter holder with a 47-mm type A/E fiberglass filter without organic binder.

The entire prefilter shall be maintained at 110 degrees Celsius. Note - if it is not possible to use a heating system for safety reasons, an unheated system with an instack filter is a suitable alternative. 2.1.3 NMO absorber tube. 1/2-inch inside diameter (i.d.) stainless steel tube packed with porasil (thermally stable silica gel). 2.1.4 1/4-inch o.d. teflon line that is 2 to 4 feet long. 2.1.5 Battery-operated diaphragm sampling pump with kurz digital mass flow meter.

Total flow is integrated electronically to measure flow with an accuracy of 1% at any flow rate. (Byron instruments model 90). 2.1.6 Sample bag. 0.3-mil tedlar, 1/2-cubic foot capacity. The sample bag undergoes nitrogen purge cycle until analysis exhibits zero carbon content in the sample bag. 2.2 Analysis. The following equipment is required: 2.2.1 Sample recovery on the adsorber tube is done in a Byron model 75 oven in 2 stages, each stage requiring a 0.3-mil tedlar bag that has a 1/2-cubic foot capacity. 2.2.2 Analysis is done on a Byron model 401 gas chromatograph (GC) that meets all criteria specified in method 25, section 2.2.2. 2.3 NMO analyzer. The NMO analyzer is a Byron model 401 gas chromatograph (GC).

(Remainder of 2.3 as stated in method 25) 2.3.5.2 Range. A full scale range of 1 to 10,000 parts per million (ppm) CH4. Signal attenuators shall be available to produce a minimum signal response of 10% of full scale. 3.1.1 Delete (dry ice is not required). 4.1.1 Model 90 and model 75 flow meter calibration. The model 90 sample pump inlet is attached to the outlet of the model 75 oven. Air is passed through the system at the rate that will be used in sampling and for the total volume anticipated to be sampled. If the flow meters on the 2 instruments do not agree within 0.01 liters, then adjust the meter on the model 90 until agreement is within 0.01 liters. After making any correction, run a full calibration again. 4.1.2 Sample train assembly. Assemble the probe (prefilter if needed), adsorber tube, and teflon line to the inlet of the model 90. Attach a short (8 to 10 inches) flexible line to the outlet of model 90. Have a completely clean evacuated tedlar sample bag nearby for collection of sample to be analyzed. 4.1.3 Pretest leak check. Stopper the inlet of the probe and place the flexible tube on the outlet of the model 90 in a small open container of water. Turn on the sampling pump. For a satisfactory leak check, bubbling should cease within 1 minute. If the leak check is unsatisfactory, tighten the fittings or change parts until a satisfactory leak check is obtained. 4.1.4 Sampling train operation. Place the probe and the front portion of the adsorption tube in the stack. If the stack has a temperature higher than ambient, allow time for the probe to heat before starting the sample pump. Start the model 90 pump and adjust to the desired flow, usually about 90 ml/min. After about 0.1 liter of sampling, or equivalent to the volume of air that is displaced in the sample system before the flowmeter, remove the flexible tube from the outlet of the model 90 and install the evacuated tedlar bag. This assures that gaseous components are undiluted by the air originally in the sampling system.

Record requested data on the data form during the sample time. The sampling is usually done for 1 hour with a total of 5 to 6 liters sampled. When sampling is complete, record the precise volume sampled. The process may require different sample times or sample volumes. (Sampling form is figure 25-8.) 4.1.5 Post test leak check. Remove the tedlar bag and replace it with the flexible tube.

Stopper the probe and operate the same as the pretest leak check specified in section 4.1.3.

If the leak test is not acceptable, invalidate the sample. 4.2 Sample recovery. The tedlar bag is ready for direct analysis on the GC. The adsorber tube shall undergo the following 2-stage preparation: 4.2.1 Sample purge. The absorber tube is placed in the Byron model 75 oven with a clean tedlar bag attached directly to the tube. A volume of clean dry air is passed through the adsorber tube while holding the oven temperature at about 130 degrees Celsius. The volume of air should be precisely the same as that sampled. This purge is necessary to remove any CO2 on the sample tube, and the elevated temperature is needed to assure CO2 removal from any absorbed water. The tedlar bag is now ready for direct analysis on the GC. 4.2.2 Sample digest. The absorber tube, now free of CO2 and the lighter NMOs, is now attached to an oxidation catalyst, and another tedlar bag is attached to the outlet of the oxidation catalyst. A volume of clean dry air equal to that sampled is passed through this system while the temperature on the sample tube is brought up to 600 degrees Celsius. If the sampled volume was less than 3 liters, a larger volume shall be used in the digestion to assure completion. Usually a multiple of precisely 1.5 or 2.0 of the sampled volume is sufficient. This third tedlar bag is now ready for direct analysis on the GC. If anything other than CO2 is found in this bag, the model 75 oxidation catalyst is probably in need of replacement. In this case the test would be invalid and would have to be redone. 4.3 Analysis. Each of the 3 bags is analyzed on the GC. Each bag should be analyzed as soon as possible after being filled. At the completion of analysis, the bags shall be cleaned by repeated fillings with either clean air or nitrogen. Before being used again, the bags shall be checked by filling with clean air and then analyzed on the GC to assure zero concentrations of all analyzed substances. All pertinent calibration, performance, and operational checks in sections 4.4 and 5 of method 25 apply to the Byron system.

6. Calculations. 6.1 Nomenclature.

C1 = Concentration of sample bag, ppm C, (NMO converted to methane).

C2 = Concentration of purge bag, ppm C, (NMO converted to methane).

C3 = Concentration of digest bag, ppm C, (CO2 converted to methane).

C = Ppm C (NMO). 6.2-6.4 (Delete). 6.5 C1, C2, C3 calculated directly as: ppm C calibration gas x GC reading unknown = ppm C GC reading calibration gas unknown 6.6 C = C1 + C2 + C3 Delete figures 25.3, 25.4, 25.9, and 25.10 from method 25. Amend figures 25.1 and 25.8 from method 25 to read as follows:

FIGURE 25.1

SAMPLING TRAIN

FIGURE 25.1

**History**
- *History: 1993 AACS.*

##### **Mich. Admin. Code R 336.2007** Alternate version of procedure L, referenced in R 336.2040(10) {#sec-r-336.2007 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.2007}

Rule 1007. The alternate version of procedure L is as follows:

1. Introduction. 1.1 Applicability. This procedure is applicable for determining the input of volatile organic compounds (voc), measured as equivalent propane as measured by a flame ionization instrument. It is intended to be used as a segment in the development of liquid/gas protocols for determining voc capture efficiency (ce) for surface coating and printing operations. 1.2 Principle. The amount of voc introduced to the process (l) is the sum of products of the weight (w) of each voc containing liquid (ink, paint, solvent, or similar material) used and its voc content (v), corrected for a response factor (rf) to allow the input to be calculated in terms of propane, the same calibration gas used in the gaseous voc measurements. A sample of each coating used is distilled to separate the voc fraction. The distillate is used to prepare a known standard for analysis by a flame ionization analyzer (fia), calibrated against propane, to determine its rf.

2. Apparatus and reagents. 2.1 Liquid weight. 2.1.1 Balances/digital scales. To weigh drums of voc containing liquids to within 0.2 lb. 2.1.2 Volume measurement apparatus (alternative). Volume meters, flow meters, density measurement equipment, or similar material, as needed to achieve the same accuracy as direct weight measurements. 2.2 Response factor (rf) determination (fia technique). The voc distillation and tedlar gas bag generation systems apparatus are shown in figures 1 and 2. The following equipment is required: 2.2.1 Sample collection can. An appropriately sized metal can to collect voc-containing materials. The can shall be constructed in such a way that it can be grounded to the coating container. 2.2.2 Needle valves. To control gas flow. 2.2.3 Regulators. For fia, calibration, dilution, and sweep gas cylinders. 2.2.4 Tubing and fittings. Teflon and stainless steel tubing and fittings with diameters and lengths and sizes determined by connection requirements of the equipment. 2.2.5 Thermometer. Capable of measuring the temperature of the hot water and oil baths to within 1 degree Celsius. 2.2.6 Analytical balance. To measure plus or minus 0.01 mg. 2.2.7 Microliter syringe. 10-microliter size. 2.2.8 Vacuum and pressure manometers. 0 to 760 mm (0 to 30 in.) hg.U-tube manometer, vacuum or pressure. 2.2.9 Hot oil bath, with stirring hot plate. Capable of heating and maintaining a distillation vessel at 110 plus or minus 3 degrees Celsius. 2.2.10 Vacuum/water aspirator. A device capable of drawing a vacuum to within 20 mm hg from absolute. 2.2.11 Rotary evaporator system. Complete with folded inner coil, vertical style condenser, rotary speed control, and teflon sweep gas delivery tube with valved inlet. Buchi rotavapor or equivalent. 2.2.12 Ethylene glycol cooling/circulating bath. Capable of maintaining the condenser coil fluid at minus 10 degrees Celsius. 2.2.13 Dry gas meter. For the precise measurement of dilution gas volume. It shall be calibrated to a primary standard, either spirometer or bubble meter. 2.2.14 Activated charcoal/mole sieve trap. To remove any trace level of organics picked up from the dry gas meter. 2.2.15 Gas coil heater. Sufficient length of 0.125-inch stainless steel tubing to allow heating of the dilution gas to near the water bath temperature before entering the volatilization vessel. 2.2.16 Water bath, with stirring hot plate. Capable of heating and maintaining a volatilization vessel and coil heater at a temperature of 100 plus or minus 5 degrees Celsius. 2.2.17 Volatilization vessel. 50-milliliter midget impinger fitted with a septum top and loosely filled with glass wool to increase volatilization surface. 2.2.18 Tedlar gas bag. Capable of holding 30 liters of gas, flushed clean with zero air, leak tested and evacuated. 2.2.19 Cylinder of compressed zero air. Used to supply dilution air for making the tedlar bag gas samples. 2.2.20 Cylinder of compressed thc free N2. Used as sweep gas in the rotary evaporator system. 2.2.21 Organic concentration analyzer. An fia with a span value of 1.5 times the expected concentration as propane; however, other span values may be used if it can be demonstrated that they would provide more accurate measurements. The fia instrument shall be the same instrument used in the gaseous analyses adjusted with the same fuel, combustion air, and sample backpressure (flowrate) settings. The system shall be capable of meeting or exceeding the following specifications: 2.2.21.1 Zero drift. Less than plus or minus 3.0% of the span value. 2.2.21.2 Calibration drift. Less than plus or minus 3.0% of span value. 2.2.21.3 Calibration error. Less than plus or minus 5.0% of the calibration gas value. 2.2.22 Integrator/data acquisition system. An analog or digital device or computerized data acquisition system used to integrate the fia response or compute the average response and record measurement data. The minimum data sampling frequency for computing average or integrated values is 1 measurement value every 5 seconds. The device shall be capable of recording average values at least once per minute. 2.2.23 Chart recorder (optional). A chart recorder or similar device is recommended to provide a continuous analog display of the measurement results during the liquid sample analysis. 2.2.24 Calibration and other gases. For calibration, fuel, and combustion air, if required, contained in compressed gas cylinders. All calibration gases shall be traceable to NIST standards and shall be certified by the manufacturer to plus or minus 1% of the tag value.Additionally, the manufacturer of the cylinder should provide a recommended shelf life for each calibration gas cylinder over which the concentration does not change more than plus or minus 2% from the certified value. For calibration gas values that are not generally available, alternative methods for preparing calibration gas mixtures, such as dilution systems, may be used with prior approval. 2.2.24.1 Fuel. 99.995% hydrogen, 40% hydrogen/60% helium, or 40% hydrogen/60% nitrogen. The fia manufacturer's recommended fuel shall be used. An attempt shall be made to avoid fuels with oxygen to avoid an oxygen synergism effect that reportedly occurs when oxygen concentration varies significantly from a mean value. 2.2.24.2 Carrier gas. High purity air with less than 1 ppm of organic material (as propane) or less than 0.1% of the span value, whichever is greater. 2.2.24.3 Fia linearity calibration gases. Low-, mid-, and high-range gas mixture standards with a nominal propane concentration of 20 to 30, 45 to 55, and 70 to 80% of the span value in air, respectively. Other calibration values and other span values may be used if it can be shown that more accurate measurements would be achieved. 2.2.24.4 System calibration gas. Gas mixture standard which contains propane in air and which approximates the voc concentration expected for the tedlar gas bag samples.

3. Determination of liquid input weight. A capture efficiency test shall consist of not less than 3 sampling runs. Each run shall cover at least 1 complete production or processing cycle or shall be at least 1 hour in duration. For automotive surface coating operations, the sampling time per run shall be based on coating a minimum of 3 representative vehicles. 3.1 Weight difference. Determine the amount of material introduced to the process as the weight difference of the feed material before and after each sampling run. In determining the total voc-containing liquid usage, account for all of the following:

(a) The initial (beginning) voc-containing liquid mixture.

(b) Any solvent added during the test run.

(d) Any residual voc-containing liquid mixture remaining at the end of the sample run. 3.1.1 Identify all points where voc-containing liquids are introduced to the process. To obtain an accurate measurement of voc-containing liquids, start with an empty fountain, if applicable. After completing the run, drain the liquid in the fountain back into the liquid drum, if possible, and weigh the drum again. Weigh the voc-containing liquids to plus or minus 0.5% of the total weight (full) or plus or minus 0.1% of the total weight of voccontaining liquid used during the sample run, whichever is less. If the residual liquid cannot be returned to the drum, drain the fountain into a preweighed empty drum to determine the final weight of the liquid. 3.1.2 If it is not possible to measure a single representative mixture, then weigh the various components separately, for example, if solvent is added during the sampling run, weigh the solvent before it is added to the mixture. If a fresh drum of voc-containing liquid is needed during the run, then weigh both the empty drum and the fresh drum. 3.2 Volume measurement (alternative). If direct weight measurements are not feasible, the tester may use volume meters, flow rate meters, and density measurements to determine the weight of liquids that are used if it can be demonstrated that the technique produces results equivalent to the direct weight measurements. If a single representative mixture cannot be measured, measure the components separately.

4. Determination of voc content in input liquids. 4.1 Collection of liquid samples. 4.1.1 Collect a 1-pint or larger sample of the voc-containing liquid mixture at each application location at the beginning and end of each test run. A separate sample shall be taken of each voc-containing liquid that is added to the application mixture during the test run. If a fresh drum is needed during the sampling run, then obtain a sample from the fresh drum. 4.1.2 When collecting the sample, ground the sample container to the coating drum. Fill the sample container as close to the rim as possible to minimize the amount of headspace. 4.1.3 After the sample is collected, seal the container so the sample cannot leak out or evaporate. 4.1.4 Label the container to identify clearly the contents. 4.2 Distillation of voc. 4.2.1 Assemble the rotary evaporator as shown in figure 1. 4.2.2 Leak check the rotary evaporation system by aspirating a vacuum of approximately 20 mm hg from absolute. Close up the system and monitor the vacuum for approximately 1 minute. If the vacuum falls more than 125 mm hg in 1 minute, repair leaks and repeat. 4.2.3 Deposit approximately 20 mls of the sample (inks, paints, or similar material) into the rotary evaporation distillation vessel. 4.2.4 Turn off the aspirator and gradually apply a vacuum to the evaporator of within 20 mm hg. 4.2.5 Begin heating the vessel at a rate of 2 to 3 degrees Centigrade per minute, maintaining the vacuum specified in 4.2.3. Care shall be taken to prevent material bumping from the distillation flask. 4.2.6 Continue heating until a temperature of 110 degrees Centigrade is achieved and maintain this temperature for not less than 10 minutes or until the sample has dried in the distillation flask. 4.2.7 Slowly introduce the N2 sweep gas through the purge tube and into the distillation flask, taking care to maintain not less than 125 mm hg vacuum at all times. 4.2.8 Continue sweeping the remaining solvent voc from the distillation flask and condenser assembly for 10 minutes or until all traces of condensed solvent are gone from the vessel and the still head. 4.2.9 Disassemble the apparatus and transfer the distillate to a labeled sealed vial. 4.3 Preparation of voc standard bag sample. 4.3.1 Assemble the bag sample generation system as shown in figure 2 and bring the water bath up to a near-boiling temperature. 4.3.2 Inflate the tedlar bag and perform a leak check on the bag. 4.3.3 Evacuate the bag and close the bag inlet valve. 4.3.4 Record the current barometric pressure. 4.3.5 Record the starting reading on the dry gas meter, open the bag inlet valve, and start the dilution zero air flowing into the tedlar bag at approximately 2 liters per minute. 4.3.6 The bag sample voc concentration shall be similar to the gaseous voc concentration measured in the exhaust gas ducts. The amount of liquid voc required can be approximated using the equations in section 6, the gaseous voc measurement results in terms of propane, and an assumed response factor of 1.0. Let Cc3 equal the exhaust gas concentration in terms of propane and rf=1.0. Calculate Cvoc. Let bv = 20 liters and calculate ml, the approximate quantity of liquid to be used to prepare the bag gas sample. 4.3.7 Quickly withdraw an aliquot (approximately 5 microliters) of sample from the distillate vial with the microliter syringe and record its weight from the analytical balance to the nearest 0.01 mg. 4.3.8 Inject the contents of the syringe through the septum of the volatilization vessel into the glass wool inside the vessel. 4.3.9 Reweigh and record the tare weight of the now empty syringe. 4.3.10 Record the pressure and temperature of the dilution gas as it is passed through the dry gas meter, as shown in the figure 2 diagram. 4.3.11 After approximately 20 liters of dilution gas have passed into the tedlar bag, close the valve to the dilution air source and record the exact final reading on the dry gas meter. 4.3.12 The gas bag is then analyzed by fia within 1 hour of bag preparation in accordance with the procedures contained in section 4.4. 4.4 Determination of voc response factor. 4.4.1 Start up the fia instrument using the same settings as used for the gaseous voc measurements. 4.4.2 Perform the fia analyzer calibration and linearity checks according to the procedure in section 5.1. Record the responses to each of the calibration gases and the back-pressure setting of the fia. 4.4.3 Connect the tedlar bag sample to the fia sample inlet and record the bag concentration in terms of propane. Continue the analysis until a steady reading is obtained for not less than 30 seconds. Record the final reading and proceed with the calculation of the response factor. 4.5 Determination of coating voc content as voc (vu). 4.5.1 Determine the voc content of the coatings used in the process using EPA method 24 or 24a as applicable.

5. Calibration and quality assurance. 5.1 Fia calibration and linearity check. Make necessary adjustments to the air and fuel supplies for the fia and ignite the burner. Allow the fia to warm up for the period recommended by the manufacturer. Inject a calibration gas into the measurement system and adjust the back-pressure regulator to the value required to achieve the flow rates specified by the manufacturer. Inject the zero- and the high-range calibration gases and adjust the analyzer calibration to provide the proper responses. Inject the low and midrange gases and record the responses of the measurement system. The calibration and linearity of the system are acceptable if the responses for all 4 gases are within 5% of the respective gas values. If the performance of the system is not acceptable, repair or adjust the system and repeat the linearity check. Conduct a calibration and linearity check after assembling the analysis system and after a major change is made to the system. A calibration curve consisting of zero gas and 2 calibration levelsshall be performed at the beginning and end of each batch of samples. 5.2 Systems drift checks. After each sample, repeat the system calibration checks in section 5.1 before any adjustments to the fia or measurement system are made. If the zero or calibration drift is more than plus or minus 3% of the span value, discard the result and repeat the analysis. 5.3 Quality control. A minimum of 1 sample in each batch shall be distilled and analyzed in duplicate as a precision control. If the results of the 2 analyzed differ by more than plus or minus 10% of the mean, then the system shall be reevaluated and the entire batch shall be redistilled and analyzed.

6. Calculations. 6.1 Bag sample volume, B v .

Where:

B v = Bag sample volume in standard liters.

M v = Indicated dry gas meter volume, in liters.

T STD = 293

T M = Meter gas temperature, in K.

P M = Meter gas pressure, in mm Hg absolute.

P STD = 760 mm Hg. 6.2 Bag sample voc concentration, as voc, C voc .

C voc = M l /B v Where:

C voc = Bag sample voc concentration, as voc, mg/std. liters.

B = (

M ) (

T ) (

P )

( T ) (

P )

V V STD

M M STD

M l = Weight of voc liquid injected, mg. 6.3 Bag sample voc concentration, as propane, C c3 .

C c3 = R c3 *K Where:

C c3 = Bag sample voc concentration, as propane, mg C /std. liter.

R c3 = FIA reading for bag gas sample, ppm propane.

K = Conversio n factor, 0.00183 mg propane / std. liter ppm propan e 6.4 Response factor, RF.

RF = C voc /C c3 Where:

RF = Response factor, weight voc/weight propane. 6.5 Total voc content of the input voc containing liquid, as propane, L.

Where:

L = Total voc content of liquid input, calculate as propane, kg.

V IJ = Initial voc weight fraction of voc liquid J.

V FJ = Final voc weight fraction of voc liquid J.

V AJ = Voc weight fraction of voc liquid J added during the test.

W IJ = Weight of voc containing liquid J at beginning of test, kg.

W FG = Weight of voc containing liquid J at end of test, kg.

W AJ = Weight of voc containing liquid J added during the test, kg.

RF J = Response factor for voc in liquid J, weight voc/weight propane.

L = V

W RF -

V W RF +

V W RF

J = n IJ IJ J J = n FJ FJ J J = n AJ AJ J   

**History**
- *History: 1993 AACS; 2002 AACS.*

##### **Mich. Admin. Code R 336.2010** Rescinded {#sec-r-336.2010 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.2010}

**History**
- *History: 1985 AACS; 1992 AACS; 1997 AACS.*

##### **Mich. Admin. Code R 336.2011** Reference test method 5B {#sec-r-336.2011 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.2011}

Rule 1011. Reference test method 5B, in-stack filtration method, reads as follows:

(a) The principle, applicability, and performance test criteria are as follows:

(i) Principle. Particulate matter is withdrawn isokinetically from the source and collected on solid filtering media maintained at stack temperature. The particulate matter mass is determined gravimetrically after removal of uncombined water.

(ii) Applicability. This method is applicable for the determination of particulate emissions from stationary sources as identified in table 31 of R 336.1331. The method is also applicable when specifically provided for in the department’s rules, orders, a permit to install, or a permit to operate.

(iii) Performance test criteria as follows:

(A) A performance test must meet the requirements under R 336.2003(2).

(B) For sources that are subject to an emission limitation calculated to 50% excess air, the multipoint, integrated sampling procedure of R 336.2004(1)(c) must be used for gas analysis. For all other sources that require a determination of the molecular weight of the exhaust, an optional sampling procedure of R 336.2004(1)(c) may be used. Alternatives or modifications to procedures are subject to the approval of the department.

(C) The minimum volume per sample must be 30 cubic feet of dry gas corrected to standard conditions, 68 degrees Fahrenheit and 29.92 inches mercury. Minimum sample time must be 60 minutes, which may be continuous or a combination of shorter sampling periods for sources that operate in a cyclic manner. Smaller sampling times or sample volumes, if necessitated by process variables or other factors, may be approved by the department.

(D) For a source whose emission control device alters the moisture content of the exhaust gas, a moisture determination must be performed in a location upstream from the emission control device and in accordance with R 336.2004(1)(d) or an alternative method approved by the department.

(b) The following provisions apply to apparatus:

(i) Sampling train. A schematic of the sampling train used in this method is shown in figure 102 under R 336.2021. Construction details for many, but not all, of the train components are given in APTD-0581, adopted by reference in R 336.1902. See subdivision (g)(ii) of this rule. For changes from the APTD-0581 document and for allowable modifications to figure 102, the user shall consult with the department. The operating and maintenance procedures for many, but not all, of the sampling train are described in APTD- 0576, adopted by reference in R 336.1902. See subdivision (g)(iii) of this rule. Since correct usage is important in obtaining valid results, all users shall read APTD-0576 and adopt the applicable operating and maintenance procedures outlined in it, unless otherwise specified. The sampling train must consist of the following components:

(A) Probe nozzle. Stainless steel 316 or glass with sharp, tapered leading edge. The angle of taper must be less than 30 degrees and the taper must be on the outside to preserve a constant internal diameter. The probe nozzle must be of the button-hook design, unless otherwise specified by the department. If made of stainless steel, the nozzle must be constructed from seamless tubing. Other materials of construction may be used, subject to the approval of the department. A range of nozzle sizes suitable for isokinetic sampling must be available, for example, 0.32 to 1.27 centimeters, 1/8 to 1/2 inch, or larger if higher volume sampling trains are used inside diameter nozzles in increments of 0.16 centimeters, 1/16 inches. Each nozzle must be calibrated according to the procedures outlined in subdivision (e) of this rule.

(B) Probe liner. Interior surface may be constructed of stainless steel, no specific grade, glass, Teflon, or other material that maintains proper flow at the stack conditions experienced.

(C) Pitot tube. Type S, as described in method 2, or other device approved by the department. The pitot tube must be attached to the probe, as shown in figure 102 under R 336.2021, to allow constant monitoring of the stack gas velocity. The impact, high pressure, opening plane of the pitot tube must be even with or above the nozzle entry plane, see method 2, figure 2-6b, during sampling. The type S pitot tube assembly must have a known coefficient, determined as outlined in method 2.

(D) Differential pressure gauge. Two incline manometer or equivalent devices as described in method 2. One manometer must be used for velocity head (p) readings and the other must be used for orifice differential pressure readings.

(E) Filter holders. Two separate filter holders in series or 1 filter holder with separate filter supports and seals for 2 filters. One filter holder with 2 filters held in contact with each other is not acceptable. Materials of construction may be stainless steel 316, glass, Teflon, or other material approved by the department.

(F) Filter heating system. Auxiliary heating of the filter media is not acceptable. For saturated stack gases, the operator may opt to use filters that do not blind when wet and that do not require heating, see subdivision (c)(i)(A) of this rule.

(G) Condenser. The following system must be used to determine the stack gas moisture content: Three impingers connected in series with leak-free ground glass fittings or similar leak-free noncontaminating fittings. All impingers must be of the Greenburg-Smith design and must be modified by replacing the tip with a 1.3 centimeters, 1/2 inch, inside diameter glass tube extending to about 1.3 centimeters, 1/2 inch, from the bottom of the flask.

Modifications, such as using flexible connections between the impingers or using materials other than glass, are allowed, subject to the approval of the department. The first impinger must contain a known quantity of water, as described in subdivision (d)(i)(C) of this rule.

The second impinger must be empty, and the third must contain a known weight of silica gel or equivalent desiccant. Alternatively, a system that cools the sample gas stream and allows measurement of the water condensed and moisture leaving the condenser, each to within 1 milliliter or 1 gram, may be used, subject to the approval of the department. In any case, the means for measuring the moisture leaving the condenser must be by passing the sample gas stream through a tared silica gel, or equivalent desiccant, trap with exit gases kept below 20 degrees Centigrade, 68 degrees Fahrenheit, and determining the weight gain. If a determination of the particulate matter collected in the impingers is required by the department’s rules, a permit to install, or a permit to operate, then the impinger system described above must be used without modification. Contact the department as to the sample recovery and analysis of the impinger contents.

(H) Metering system. Vacuum gauge, leak-free pump, thermometers capable of measuring temperature to within 3 degrees Centigrade, 5.4 degrees Fahrenheit, dry-gas meter capable of measuring volume to within 2%, and related equipment as shown in figure 102 under R 336.2021. Other metering systems capable of maintaining sampling rates within 10% of isokinetic and capable of determining sample volumes to within 2% may be used, subject to the approval of the department. When the metering system is used in conjunction with a pitot tube, the system must enable checks of isokinetic rates. Sampling trains utilizing metering systems designed for higher flow rates than those described in APTD-0581 or APTD-0576, both adopted by reference in R 336.1902, may be used if the specifications of this method are met.

(I) Barometer. Mercury, aneroid, or other barometer capable of measuring atmospheric pressure to within 2.5 millimeters mercury, 0.1 inch mercury. In many cases, the barometric reading may be obtained from a nearby national weather service station. In this case, the station value, which is the absolute barometric pressure, must be requested and an adjustment for elevation differences between the weather station and sampling point must be applied at a rate of minus 2.5 millimeters mercury, 0.1 inch mercury, per 30 meters, 100 feet, elevation increase or vice versa for elevation decrease.

(J) Gas density determination equipment. Temperature sensor and pressure gauge, as described in method 2, and gas analyzer, if necessary, as described in method 3. The temperature sensor must, preferably, be permanently attached to the pitot tube or sampling probe in a fixed configuration so that the tip of the sensor extends beyond the leading edge of the probe sheath and does not touch any metal. Alternatively, the sensor may be attached just before use in the field. If the temperature sensor is attached in the field, then the sensor must be placed in an interference-free arrangement with respect to the type S pitot tube openings, see method 2, figure 2-6 Velocity Traverse Data. As a second alternative, if a difference of not more than 1% in the average velocity measurement is to be introduced, then the temperature gauge need not be attached to the probe or pitot tube. This alternative is subject to the approval of the department. “Construction Details of Isokinetic Source Sampling Equipment,” APTD-0581, April 1971, PB203-060-LL, and “Maintenance, Calibration, and Operation of Isokinetic Source Sampling Equipment,” APTD-0576, March 1972, PB209-022-LL, are adopted by reference in R 336.1902.

(ii) Sample recovery. The following items are required:

(A) Probe-liner and probe-nozzle brushes. Nylon bristle brushes with stainless steel wire handles. The probe brush must have extensions, at least as long as the probe, made of stainless steel, nylon, Teflon, or similarly inert material. The brushes must be properly sized and shaped to brush out the probe liner and nozzle.

(B) Wash bottles. Two glass wash bottles are recommended. The tester may use polyethylene wash bottles, but the acetone should not be stored in polyethylene bottles for longer than 1 month.

(C) Glass sample storage containers. Chemically resistant, borosilicate glass bottles for acetone washes. Screw cap liners must either be rubber-backed Teflon or must be constructed to be leak-free and resistant to chemical attack by acetone. Narrow-mouth glass bottles are less prone to leakage. Alternatively, polyethylene bottles may be used.

(D) Filter containers. Glass, polyethylene, or aluminum tube containers, unless otherwise specified by the department.

(E) Graduated cylinder or balance. To measure condensed water to within 1 milliliter or 1 gram, graduated cylinders must have subdivisions of not more than 2 milliliters. Most laboratory balances are capable of weighing to the nearest 0.5 gram or less. Any of these balances may be used here and in paragraph (iii)(D) of this subdivision.

(F) Plastic storage containers. Airtight containers to store silica gel.

(G) Funnel and rubber policeman. To aid in the transfer of silica gel to container, but not necessary if silica gel is weighed in the field.

(H) Funnel. Glass or polyethylene, to aid in sample recovery.

(iii) Analysis. The following equipment is required for analysis:

(A) Glass weighing dishes.

(B) Desiccator.

(D) Balance. To measure to within 0.5 milligram.

(E) Beakers. 250 milliliters.

(F) Hygrometer. To measure the relative humidity of the laboratory environment.

(G) Temperature gauge. To measure the temperature of the laboratory environment.

(i) Sampling. The reagents used in sampling are as follows:

(A) Filters. Two in-stack filters may be any combination of alundum ceramic thimble filters, type RA-98, or glass fiber filters, type A without organic binder. The size of the filters must allow proper sampling rates to maintain iso-kinetics using the nozzle sizes specified in subdivision (b)(i)(A) of this rule. Alternatively, other types of filters may be used, subject to the approval of the department.

(B) Silica gel. Indicating type, 6 to 16 mesh. If previously used, dry at 175 degrees Centigrade, 350 degrees Fahrenheit, for 2 hours. New silica gel may be used as received.

Alternatively, other types of desiccants that are equivalent or better may be used, subject to the approval of the department.

(C) Water. When analysis of the material caught in the impingers is required, distilled water must be used. Run blanks before field use to eliminate a high blank of test samples.

(D) Crushed ice.

(E) Stopcock grease. Acetone-insoluble, heat-stable silicone grease. This is not necessary if screw-on connectors with Teflon sleeves, or equivalent, are used.

Alternatively, other types of stopcock grease may be used, subject to the approval of the department.

(ii) Sample recovery. Washing solvent. Either acetone or distilled water may be used for sample recovery. If acetone is used for washing solvent, then reagent grade, less than 0.001% residue, in glass bottles is required. Acetone from metal containers generally has a high residue blank and must not be used. If suppliers transfer acetone to glass bottles from metal containers, then acetone blanks must be run before field use and only acetone with low blank values, less than 0.001%, must be used. In no case must a blank value of more than 0.001% of the weight of acetone used be subtracted from the sample weight. If distilled water is used for washing solvent, use distilled water with less than 0.001% residue. Run blanks before field use to eliminate a high blank on test samples.

(iii) Analysis. Two reagents are required for the analysis:

(A) Solvent. Same as paragraph (ii) of this subdivision for quantitative transfer.

(B) Desiccant. Anhydrous calcium sulfate, indicating type. Alternatively, other types of desiccants may be used, subject to the approval of the department.

(d) The following provisions must apply to procedure:

(i) Sampling. The complexity of this method is such that, in order to obtain reliable results, testers shall be trained and experienced with the test procedures. Sampling must comply with the following provisions:

(A) Pretest preparation provisions are as follows:

(I). All the components must be maintained and calibrated according to the applicable procedures described in APTD-0576, adopted by reference in R 336.1902, unless otherwise specified in this rule.

(II) Weigh several 200 to 300 gram portions of silica gel in airtight containers to the nearest 0.5 gram. Record the total weight of the silica gel plus container on each container.

As an alternative, the silica gel need not be preweighed, but may be weighed directly in its impinger or sampling holder just before train assembly.

(III) Check filters visually against light for irregularities, flaws, pinhole leaks, or cracks. Label filters of the proper size on the back side using numbering machine ink. As an alternative, label the shipping containers, as described under subdivision (b)(ii)(D) of this rule, and keep the filters in these containers at all times, except during sampling and weighing.

(IV) Dry the filters in an oven at 105 degrees Centigrade, 220 degrees Fahrenheit, for a minimum of 2 hours, cool for at least 1 hour in a desiccator containing anhydrous calcium sulfate, and individually weigh and record each weight to the nearest 0.1 milligram. During the weighing, the filter must not be exposed to the laboratory atmosphere for a period of more than 2 minutes and a relative humidity above 50%.

(V) Procedures, other than those specified, that account for relative humidity effects may be used, subject to the approval of the department.

(B) Preliminary determinations provisions are as follows:

(I) Select the sampling site and the minimum number by the department.

(II) Determine the stack pressure, temperature, and the range of velocity heads using method 2. It is recommended that a leak check of the pitot lines, see method 2, be performed.

(III) Determine the moisture content using approximation method 4, or its alternatives, for the purpose of making isokinetic sampling rate settings.

(IV) Determine the stack gas dry molecular weight, as described in method 2, if integrated method 3 sampling is used for molecular weight determination, the integrated bag sample must be taken simultaneously with, and for the same total length of time as, the particulate sample run.

(V) Select a nozzle size based on the range of velocity heads so that it is not necessary to change the nozzle size to maintain isokinetic sampling rates. During the run, do not change the nozzle size. Ensure that the proper differential pressure gauge is chosen for the range of velocity heads encountered, see method 2.

(VI) Select a suitable probe liner and probe length so that all traverse points may be sampled. For large stacks, sampling from opposite sides of the stack may reduce the length of probes.

(VII) Select a total sampling time greater than or equal to the minimum total sampling time specified in the department’s rules so that the sampling time per point is not less than 5 minutes, unless approved by the department, or some greater time interval as specified by the department, and so that the sample volume taken, corrected to standard conditions, exceeds the required minimum total gas sample volume. The latter is based on an approximate average sampling rate. The number of minutes sampled at each point may be an integer or an integer plus 1/2 minute to avoid timekeeping errors. In some circumstances, such as in batch cycles, it may be necessary to sample for shorter times at the traverse points and to obtain smaller gas sample volumes. In these cases, the department’s approval must first be obtained.

(I) During preparation and assembly of the sampling train, keep all openings where contamination can occur covered until just before assembly or until sampling is about to begin.

(II) Place 100 milliliters of water in the first impinger, leave the second impinger empty, and transfer approximately 200 to 300 grams of preweighed silica gel from its container to the third impinger. More silica gel may be used, but care must be taken to ensure that it is not entrained and carried out from the impinger during sampling. Place the container in a clean place for later use in the sample recovery. Alternatively, the weight of the silica gel plus impinger may be determined to the nearest 0.5 gram and recorded.

(III) Using tweezers or clean disposable surgical gloves, place a labeled, identified, and weighed filter in each filter holder. Be sure that the filter is properly centered and the gasket properly placed so as to prevent the sample gas stream from circumventing the filter.

(IV) Install the selected nozzle using a Viton A 0-ring when stack temperatures are less than 260 degrees Centigrade, 500 degrees Fahrenheit, and a heat-resistant fiberglass, graphite, or other material string gasket when temperatures are higher. See APTD-0576, adopted by reference in R 336.1902, for requirements. Other connecting systems using either 310 stainless steel or Teflon ferrules may be used to form a leak-free direct mechanical connection.

(V) Mark the probe with heat-resistant tape or by some other method to denote the proper distance into the stack or duct for each sampling point.

(VI) Set up the train as in figure 102 under R 336.2021.

(VII) If necessary, use a very light coat of silicone grease on all ground glass joints.

Grease only the outer portion, see APTD-0576, to avoid the possibility of contamination by the silicone grease.

(VIII) Place crushed ice around the impingers.

(D) Leak check procedures:

(I) Pretest leak check. A pretest leak check is strongly recommended, but not required, to prevent invalid sampling and wasted time. If the tester opts to conduct the pretest leak check, the following procedure must be used: Perform the leak check on the entire system, including filter housings and nozzle, by plugging the nozzle and pulling a 380 millimeter mercury, 15 inch mercury, vacuum. Alternatively, a lower vacuum may be used if it is not exceeded during the test. Leakage rates in excess of 4% of the average sampling rate or 0.00057 cubic meters per minute, 0.02 cubic feet per minute, whichever is less, are unacceptable. The following leak check instructions for the sampling train described in APTD-0576 and APTD-0581, adopted by reference in R 336.1902, may be helpful. Start the pump with the bypass valve fully open and the coarse adjust valve completely closed.

Partially open the coarse adjust valve and slowly close the bypass valve until the desired vacuum is reached. Do not reverse the direction of the bypass valve, as this will cause water to back up into the flexible sample tube and the probe. If the desired vacuum is exceeded, either leak-check at this higher vacuum or end the leak check and start over. When the leak check is completed, first slowly remove the plug from the inlet to the nozzle and immediately turn off the vacuum pump. This prevents the water in the first impinger from being forced backward into the sample tube and prevents silica gel from being entrained backward into the second impinger.

If the leakage rate is not more than 0.00057 cubic meters per minute, 0.02 cubic feet per minute, or 4% of the average sampling rate, whichever is less, then the results are acceptable and no correction need be applied to the total volume of dry gas metered. If a higher leakage rate is obtained, then the tester shall either record the leakage rate and plan to correct the sample volume, as shown in subdivision (f)(iii) of this rule, or void the sampling run. Immediately after component changes, leak checks may be performed. If leak checks are done, then the procedure outlined in paragraph (i)(D)(I) of this subdivision must be used.

(III) Post-test leak check. A leak check is required at the conclusion of each sampling run. The leak check must be performed in accordance with the procedures in paragraph (i)(D)(I) of this subdivision, except that it must be conducted at a vacuum equal to or greater than the maximum value reached during the sampling run. If the leakage rate is not more than 0.00057 cubic meters per minute, 0.02 cubic feet per minute, or 4% of the average sampling rate, whichever is less, then the results are acceptable and no correction need be applied to the total volume of dry gas metered. If a higher leakage rate is obtained, then the tester shall either record the leakage rate and correct the sample volume, as shown in subdivision (f)(iii) of this rule, or void the sampling run.

(E) Particulate train operation. During the sampling run, maintain an isokinetic sampling rate that is within 10% of true isokinetic, unless otherwise specified by the department. For each run, record the data required on a data sheet such as the data sheet in figure 104 under R 336.2021. Record the initial dry-gas meter reading. Record the dry-gas meter readings at the beginning and end of each sampling time increment, when changes in flow rates are made, before and after each leak check, and when sampling is halted. Take other readings required by figure 104 under R 336.2021 at least once at each sample point during each time increment, and take additional readings when significant changes, 20% variation in velocity head readings, necessitate additional adjustments in flow rate. Level and zero the manometer. Because the manometer level and zero may drift due to vibrations and temperature changes, make periodic checks during the traverse. Clean the portholes before the test run to minimize the chance of sampling deposited material. To begin sampling, remove the nozzle cap and verify that the pitot tube and probe are properly positioned. Position the nozzle at the first traverse point with the tip pointing directly into the gas stream. Immediately start the pump and adjust the flow to isokinetic conditions.

Nomographs that aid in the rapid adjustment of the isokinetic sampling rate without excessive computations are available. These nomographs are designed for use when the type S pitot tube coefficient is 0.85 ±0.02 and the stack gas equivalent density, dry molecular weight, is equal to 29 ±4. APTD-0576, adopted by reference in R 336.1902, details the procedure for using the nomographs. If Cp and Md are outside the above stated ranges, do not use the nomographs unless appropriate steps, see subdivision (g)(iv) of this rule, are taken to compensate for the deviations. When the stack is under significant negative pressure, height of impinger stem, take care to pull low-flow when inserting the probe into the stack to prevent water from backing into the sample tubing and to avoid pulsation through the filter and possible loss of materials. When the probe is in position, block off the openings around the probe and porthole to prevent unrepresentative dilution of the gas stream. Traverse the stack cross section, as required by method 1 or as specified by the department, being careful not to bump the probe nozzle into the stack walls when sampling near the walls or when removing or inserting the probe through the portholes; this minimizes the chance of extracting deposited material. During the test run, add more ice and, if necessary, salt to maintain a temperature of less than 20 degrees Centigrade, 68 degrees Fahrenheit, at the condenser/silica gel outlet. Also, periodically check the level and zero of the manometer. If the pressure drop across the filter becomes too high and makes isokinetic sampling difficult to maintain, the filter may be replaced in the midst of a sample run. It is recommended that another complete filter assembly be used rather than attempting to change the filter itself. Before a new filter assembly is installed, conduct a leak check, as described under paragraph (i)(D)(II) of this subdivision. The total particulate weight must include the summation of all filter assembly catches. A single train must be used for the entire sample run, except in cases where simultaneous sampling is required in 2 or more separate ducts, at 2 or more different locations within the same duct, or where equipment failure necessitates a change of trains. In all other situations, the use of 2 or more trains must be subject to the approval of the department. When 2 or more trains are used, separate analyses of the front-half and, if applicable, impinger catches from each train must be performed, unless identical nozzle sizes were used on all trains. If identical nozzle sizes were used, the front-half catches from the individual trains may be combined, as may the impinger catches, and 1 analysis of front-half catch and 1 analysis of impinger catch may be performed. Consult with the department for details concerning the calculation of results when 2 or more trains are used. At the end of the sample run, turn off the coarse adjust valve, remove the probe and nozzle from the stack, turn off the pump, record the final drygas meter reading, and conduct a post-test leak check, as outlined in paragraph (i)(D)(III) of this subdivision. Leak-check the pitot lines as described in method 2. The lines must pass this leak check to validate the velocity head data.

(F) Calculation of percent isokinetic. Calculate percent isokinetic, see subdivision (f) of this rule, to determine if the run was valid or if another test run should be made. If there was difficulty in maintaining isokinetic rates due to source conditions, consult with the department for possible variance on the isokinetic rates.

(ii) Sample recovery. Proper cleanup procedure begins as soon as the probe is removed from the stack at the end of the sampling period. Allow the probe to cool. When the probe can be safely handled, wipe off all external particulate matter near the tip of the probe nozzle and place a cap over it to prevent losing or gaining particulate matter. Do not cap off the probe tip tightly while the sampling train is cooling down as this creates a vacuum in the filter holder and draws water from the impingers into the sample tube. Before moving the sampling train to the cleanup site, make sure all condensed water in the probe and flexible sample lines are drained into the first impinger. Disconnect all sample lines and remove the nozzle-filter set assembly from the probe. Cap all openings to prevent contamination or accidental loss of sample. Remove all excess particulate from the exterior of the nozzle-filter assembly to prevent contamination during disassembly. Transfer the nozzle-filter set assembly and impinger set to the cleanup area. The cleanup area must be clean and protected from the wind so that the chances of contaminating or losing the sample are minimized. Save a portion of the solvent used for cleanup as a blank. Take 200 milliliters of this solvent directly from the wash bottle being used and place it in a glass sample container labeled "solvent blank". Inspect the train before and during disassembly and note any abnormal conditions. Treat the samples in the following manner: Container numbers. 1, 1A. Carefully remove the filters from the filter holders and place each filter in its identified container. Use a pair of tweezers or clean disposable surgical gloves, or both, to handle the filters. Carefully transfer to the container any particulate matter or filter fibers, or both, that adhere to the filter holder gasket by using a dry nylon bristle brush or sharpedged blade, or both. Seal the containers. Container number 2. Taking care to see that particulate on the outside of the nozzle and filter holders does not get into the sample, the tester shall carefully remove the nozzle and clean the inside surface by rinsing with solvent from a wash bottle and brushing with a nylon bristle brush. Brush until the solvent rinse shows no visible particles and then make a final rinse of the inside surface with solvent.

After ensuring that all joints have been cleaned of all extraneous material, the tester shall quantitatively remove particulate from the filter holders by rubbing the surfaces with a nylon bristle brush and rinsing with solvent. Rinse each surface 3 times, or more if needed, to remove visible particulate. Make a final rinse of the brush and filter holder set. After all solvent washings and particulate matter have been collected in the sample container, tighten the lid on the sample container so that solvent will not leak out when it is shipped to the laboratory. Mark the height of the fluid level to determine if leakage occurred during transport. Label the container to clearly identify its contents. Container number 3. Note the color of the indicating silica gel to determine if it has been completely spent and make a notation of its condition. Transfer the silica gel from the third impinger to its original container and seal. A funnel may make it easier to pour the silica gel without spilling it. A rubber policeman may be used as an aid in removing the silica gel from the impinger. It is not necessary to remove the small amount of dust particles that adhere to the impinger wall and are difficult to remove. Since the gain in weight will be used for moisture calculations, do not use any water or other liquids to transfer the silica gel. If a balance is available in the field, follow the procedure for container number 3 in paragraph (iii) of this subdivision.

Impinger water. Treat the impingers in the following manner: Make a notation of any color or film in the liquid catch. Measure the liquid that is in the first 2 impingers to within ±1 milliliter by using a graduated cylinder or by weighing it to within ±1.0 gram by using a balance if one is available. Record the volume or weight of liquid present. This information is required to calculate the moisture content of the effluent gas. Discard the liquid after measuring and recording the volume or weight, unless analysis of the impinger catch is required, see subdivision (b)(i)(G) of this rule. If a different type of condenser is used, measure the amount of moisture condensed either volumetrically or gravimetrically. If possible, containers must be shipped in a manner that keeps them upright at all times.

(iii) Analysis. Record the data required on a sheet such as the sheet in figure 106 under R 336.2021. Handle each sample container in the following manner: Container numbers 1, 1A. Analyze and report each filter separately. Transfer the filter and any loose particulate from the sample container to a tared-glass weighing dish. Dry the filter in an oven at 105 degrees Centigrade, 220 degrees Fahrenheit, for a minimum of 2 hours, cool for at least 1 hour in a desiccator containing anhydrous calcium sulfate, and weigh and record its weight to the nearest 0.1 milligram. During the weighing the filter must not be exposed to the laboratory atmosphere for a period greater than 2 minutes or a relative humidity above 50%. Procedures, other than those specified, that account for relative humidity effects may be used, subject to the approval of the department. The method used for drying and weighing of filters must be consistent before and after the test. Container number 2. Note the level of liquid in the container and confirm on the analysis sheet if leakage occurred during transport. If a noticeable amount of leakage has occurred, then either void the sample or use methods, subject to the approval of the department, to correct the final results. Measure the liquid in this container either volumetrically to ±1 milliliter or gravimetrically to ±1.0 gram. Transfer the contents to a tared 250-milliliter beaker and evaporate to dryness either at ambient temperature and pressure for acetone or at 95 degrees Centigrade, 203 degrees Fahrenheit, in an oven for distilled water. Then subject the sample to 250 degrees Centigrade, 482 degrees Fahrenheit, in an oven for 2 to 3 hours. Desiccate 24 hours and weigh to a constant weight. Report the results to the nearest 0.1 milligram.

Container number 3. Weigh the spent silica gel, or silica gel plus impinger, to the nearest 0.5 gram using a balance. This step may be conducted in the field. "Solvent blank" container. Measure solvent in this container either volumetrically or gravimetrically.

Transfer the contents to a tared 250-milliliters beaker and evaporate to dryness either at ambient temperature and pressure for acetone or at 95 degrees Centigrade, 203 degrees Fahrenheit, in an oven for distilled water. Then subject the sample to 250 degrees Centigrade, 482 degrees Fahrenheit, in an oven for 2 to 3 hours. Desiccate for 24 hours and weigh to a constant weight. Report the results to the nearest 0.1 milligram. If acetone is used, the contents of Container number 2, as well as the acetone blank container, may be evaporated at temperatures higher than ambient. If evaporation is done at an elevated temperature, then the temperature must be closely supervised, and the contents of the beaker must be swirled occasionally to maintain an even temperature. Use extreme care, as acetone is highly flammable and has a low flash point.

(e) Calibration. Maintain a laboratory log of all calibrations. Calibrations must comply with the following provisions:

(i) Probe nozzle. A probe nozzle must be calibrated before its initial use in the field.

Using a micrometer, measure the inside diameter of the nozzle to the nearest 0.025 millimeter, 0.001 inch. Make 3 separate measurements using different diameters each time and obtain the average of the measurements. The difference between the high and low numbers must not exceed 0.1 millimeter, 0.004 inch. When nozzles become nicked, dented, or corroded, the nozzles must be reshaped, sharpened, and recalibrated before use. Each nozzle must be permanently and uniquely identified.

(ii) Pitot tube. The type S pitot tube assembly must be calibrated according to the procedures in method 2.

(iii) Metering system. Before its initial use in the field, the metering system must be calibrated according to the procedure in APTD-0576, adopted by reference in R 336.1902.

Instead of physically adjusting the dry-gas meter dial readings to correspond to the wettest meter readings, calibration factors may be used to mathematically correct the gas meter dial readings to the proper values. Before calibrating the metering system, a leak check may be conducted. For metering systems having diaphragm or rotary pumps, the normal leak check procedure will not detect leakages within the pump. For these cases, the following leak check procedure may be used: Make a 10-minute calibration run at 0.00057 cubic meters per minute, 0.02 cubic feet per minute. At the end of the run, take the difference of the measured wet-test meter and dry-gas meter volumes and divide the difference by 10 to get the leak rate. The leak rate must not exceed 0.00057 cubic meters per minute (0.02 cubic feet per minute). After each field use, the calibration of the metering system must be checked by performing 3 calibration runs at a single, intermediate orifice setting, based on the previous field test, with the vacuum set at the maximum value reached during the test series. To adjust the vacuum, insert a valve between the wet-test meter and the inlet of the metering system. Calculate the average value of the calibration factor. If the calibration has changed by more than 5%, then recalibrate the meter over the full range of orifice settings, as outlined in APTD-0576. Alternatively, a spirometer may be substituted for a wet-test meter in the above calibration procedures. Alternative procedures, such as using the orifice meter coefficients, may be used, subject to the approval of the department.

If the dry-gas meter coefficient values obtained before and after a test series differ by more than 5%, then the test series must be performed using whichever meter coefficient value, before or after, gives the lower value of total sample volume.

(iv) Temperature gauges. Use the procedure in method 2 to calibrate in-stack temperature gauges. Dial thermometers, such as those used for the dry-gas meter and condenser outlet, must be calibrated against mercury-in-glass thermometers or other thermometers that are calibrated using a National Institute of Standards and Technology calibrated reference thermometer.

(v) Leak check of metering system shown in figure 102 under R 336.2021. That portion of the sampling train from the pump to the orifice meter must be leak-checked before initial use and after each shipment. Leakage after the pump will result in less volume being recorded than is actually sampled. The following procedure is suggested, also see figure 107 under R 336.2021: Close the main valve on the meter box. Insert a 1-hole rubber stopper with rubber tubing attached into the orifice exhaust pipe. Disconnect and vent the low side of the orifice manometer. Close off the low side orifice tap. Pressurize the system to 13 to 18 centimeters, 5 to 7 inches, water column by blowing into the rubber tubing.

Pinch off the tubing and observe the manometer for 1 minute. A loss of pressure on the manometer indicates a leak in the meter box. Leaks, if present, must be corrected.

(vi) Barometer. Calibrate against a mercury barometer.

(f) Calculations. When carrying out calculations, retain at least 1 extra decimal figure beyond that of the acquired data. Round off figures after the final calculation. Other forms of the equations may be used if the other forms of the equations give equivalent results.

The following provisions apply to calculations:

(i) Nomenclature:

A n = Cross-sectional area of nozzle, meters² or the equivalent feet².

A = Cross-sectional area of stack or flue at the point of sampling, feet².

B ws = Water vapor in the gas stream, proportion by volume, expressed as a fraction.

B wi = Percent water vapor in gas entering source particulate control device determined by method 4.

B wo = Percent water vapor in gas exiting source particulate control device.

C a = Wash blank residue concentration, milligrams per gram.

C s = Concentration of particulate matter in stack gas, pounds per 1,000 pounds of actual stack gas.

C sD = Concentration of particulate matter in stack gas, moisture excluded, pounds per 1000 pounds of dry stack gas.

C s50 = Concentration of particulate matter corrected to 50% excess air, pounds per 1000 pounds of stack gas.

C s50D = Concentration of particulate matter corrected to 50% excess air, excluding any water addition from a collector, pounds per 1000 pounds of stack gas.

E = Mass emission rate of particulate, pounds/hour.

F = Concentration conversion factor to 50% excess air with no moisture alterations in exhaust.

F 50D = Concentration conversion factor to 50% excess air, excluding any moisture added to exhaust gas by pollution collection system.

F D = Concentration conversion factor to dry basis, excluding any water in the stack gas.

I = Percent of isokinetic sampling.

L a = Maximum acceptable leakage rate for either a pretest leak check or for a leak check following a component change; equal to 0.00057 meters³/minute (0.02 cubic feet per minute) or 4% of the average sampling rate, whichever is less.

L i = Individual leakage rate observed during the leak check conducted before the "ith" component change (i = 1, 2, 3 . . . . n), meters³/minute (cubic feet per minute).

L p = Leakage rate observed during the post-test leak check, meters³/minute (cubic feet per minute).

M d = Molecular weight of dry stack gas, gram/gram mole (pound/pound-mole), calculated by method 3, equation 3-1, using data from integrated method 3. m n = Total amount of particulate matter collected, milligram.

M w = Molecular weight of water, 18.0 gram/gram-mole (18.0 pound/pound-mole). m a = Mass of residue of solvent after evaporation, milligram. m g = Total weight of gas samples through nozzle, pound.

P bar = Barometric pressure at the sampling site, millimeter mercury (inches mercury).

P s = Absolute stack gas pressure.

P std = Standard absolute pressure, 760 millimeters mercury (29.92 inches mercury).

R = Ideal gas constant, 0.06236 millimeters of mercury-cubic meters per kelvin-grammole, (21.85 inches of mercury-cubic feet per Rankine-pound-mole).

T m = Absolute average dry-gas meter temperature, see figure 104 under R 336.2021, °Kelvin, (°Rankine).

T s = Absolute average stack gas temperature, see figure 104 under R 336.2021, °Kelvin, (°Rankine).

T std = Standard absolute temperature, 294.I°Kelvin, (530°Rankine).

V a = Volume of solvent blank, milliliters.

V aw = Volume of solvent used in wash, milliliters.

V lc = Total volume of liquid collected in impingers and silica gel (see figure 106 under R 336.2021), milliliters.

V m = Volume of gas sample as measured by the dry-gas meter, deci-centimeter, (decicubic-foot).

V m(std) = Volume of gas sample measured by the dry-gas meter, corrected to standard conditions, deci-standard cubic meter, (deci-standard cubic foot).

V w(std) = Volume of water vapor in the gas sample, corrected to standard conditions, standard cubic meter, (standard cubic foot).

V s = Stack gas velocity, calculated by method 2, using data obtained from method 5, meters/second (feet/second).

W a = Weight of residue in solvent wash, milligram.

Y = Dry-gas meter calibration factor. ΔH = Average pressure differential across the orifice meter (see figure 104 under R 336.2021), millimeter water (inches water). %0 = Percent oxygen in stack gas by volume (dry basis). %N = Percent nitrogen in stack gas by volume (dry basis). p a = Density of solvent, milligrams/milliliter. p s(std) = Density of all sampled gas at standard conditions, pounds/feet.³ p w = Density of water, 0.9982 grams/milliliter (0.002201 pounds/milliliter). θ = Total sample time, minute. θ1 = Sample time, interval, from the beginning of a run until the first component change, minute. θi = Sampling time interval, between 2 successive component changes, beginning with the interval between the first and second changes, minute. θp = Sampling time interval, from the final (nth) component change until the end of the sampling run, minute. 13.6 = Specific gravity of mercury. 60 = Seconds/minute. 100 = Conversion to percent. 386.9 = Cubic feet per pound-mole of ideal gas at standard conditions. 453.6 = Conversion of pounds to grams. 3600 = Conversion of hours to seconds. 1000 = Conversion of 1000 pound units to pound units.

(ii) Average the dry-gas meter temperature and average the orifice pressure drop. See data sheet, figure 104 under R 336.2021.

(iii) Dry gas volume. Correct the sample volume measured by the dry-gas meter to standard conditions, 21.11 degrees Centigrade, 760 millimeters mercury or 68 degrees Fahrenheit, 29.92 inches mercury, by using equation 5-1.

Equation 5-1: m(std) m std bar m std m bar m V = V Y T ( P + H / 13.6)

T P =

K V Y

( P +

H / 13.6)

T  

Where:

K = 0.3869 °K/mm Hg for metric units. = 17.71 °R/in. Hg for English units.

Equation 5-1 may be used as written. However, if the leakage rate observed during any of the mandatory leak checks, for example, the post-test leak check or leak checks conducted before component changes, exceeds L a , equation 5-1 must be modified as follows:

(A) Case I. No component changes made during sampling run. In this case, replace V m in equation 5-1 with the following expression:  )L-(L - Vapm (B) Case II. One or more component changes made during the sampling run. In this case, replace V m in equation 5-1 by the following expression: p i n i    )

L - L

( )

L - (L )

L - (L -

V a p a i a m − −  = and substitute only for those leakage rates (L i or L p ) that exceed L a .

(iv) Volume of water vapor.

Equation 5-2 w(std) 1c w w std std 1c V = V ( p / M ) (R T / P ) = K V Where:

K = 0.001338 m³/ml for metric units. = 0.04733 ft. /ml for English units.

(v) Moisture content.

Equation 5-3 ws w(std) m(std) w(std)

B = V /

( V + v )

In saturated or water droplet-laden gas streams, 2 calculations of the moisture content of the stack gas must be made: 1 from the impinger analysis, equation 5-3, and a second from the assumption of saturated conditions. The lower of the 2 values of B ws must be considered correct. The procedure for determining the moisture content based on the assumption of saturated conditions as described in 40 CFR part 60 appendix A method 4. For the purpose of this method, the average stack gas temperature from figure 104 under R 336.2021 may be used to make the determination, if the accuracy of the in-stack temperature sensor is ±1 degree Centigrade, 2 degrees Fahrenheit.

(vi) Solvent blank concentration.

Equation 5-4 a a a a C = m / ( V P )

(vii) Solvent wash blank.

Equation 5-5 a a aw a W = C V P (viii) Total particulate weight. Determine the total particulate catch from the sum of the weights obtained from containers 1, 1A, and 2 less the wash solvent blank, see figure 106 under R 336.2021. Refer to subdivision (d)(i)(E) of this rule to assist in the calculation of results involving 2 or more pairs of filters or 2 or more sampling trains.

(ix) Sampled gas density. Determine the density of the gas sampled from the stack, at standard conditions in pounds per cubic foot, lb/ft.³.

Equation 5-6 s(std)dwswws P = ( M (1- B ) + M B )/386.9 (x) Total weight of gas sampled, lbs.

Equation 5-7 gm(std)w(std) s(std) m = ( V + V ) p (xi) Particulate concentration, lbs/1000 lbs.

Equation 5-8 sng C = m /(453.6 m )

(xii) Excess air and moisture correction factors:

(A) Correction factor to 50% excess air for those sources with or without a particulate collector where no increase in moisture content of the exhaust gas occurs after the process and before the point of sampling.

Equation 5-9 d wo wo d wo wo F = M + B / (100 - B ) 0.1826 % N - 2.0592 % + M + B / (100 - B )

(B) Correction factor to 50% excess air for those sources with a wet collection device, scrubber, that increases the moisture content of the exhaust gas after the process and before the point of sampling.

Equation 5-10 50D d wo wo d wi wi F = M + B / (100 - B ) 0.1826 % N - 2.0592 % + M + B / (100 - B )

Equation 5-11 D dwowo d F = M + 18 B /(100- B )

M (xiii) Converted particulate concentrations, where applicable under the department’s rules or permit.

Equation 5-12 s50s50 C = C F Equation 5-13 s50D s 50D C = C F Equation 5-14 sD s D C = C F (xiv) Mass emission rate in pounds per hour, lb/hr.

Equation 5-15 E = 3600 A V C P T P T P = K A V C P P / T s s s std s(std) s std s s s s(std) s Where:

K = 63.77 for English units.

(xv) Isokinetic variation using 1 of the following methods:

(A) Calculation from raw data.

Equation 5-16 I = T ( K V + ( V / T )( P + H / 13.6))

V P A s lc m m bar s s n   Where:

K = 0.003458 mm Hg - m³ml - °K for metric units. = 0.002672 in. Hg - ft.³/ml - °R for English units.

(B) Calculation from intermediate values.

Equation 5-17 I = T V P T V A P 60(1- B ) = K T V P V A (1- B ) sm(std)std stdsnsws sm(std) ssnws  Where:

K5 = 4.307 for metric units. = 0.09409 for English units.

(xvi) Acceptable results. If 90%=I=110%, then the results are acceptable. If the results are low in comparison to the standard and I is beyond the acceptable range, or if I is less than 90%, then the department may opt to accept the results. Otherwise, reject the results and repeat the test.

(g) Bibliography:

(i) Federal Register, Volume 42, No. 160, Part 160, Chapter 1, Title 40, Appendix A, Method 5, August 18, 1977.

(ii) Martin, Robert M. Construction Details of Isokinetic Source Sampling Equipment.

Environmental Protection Agency. Research Triangle Park, N.C. APTD-0581. April, 1971.

(iii) Rom, Jerome J. Maintenance, Calibration, and Operation of Isokinetic Source Sampling Equipment. Environmental Protection Agency. Research Triangle Park, N.C.

APTD-0576. March, 1972.

(iv) Shigehara, R. T. "Adjustments in the EPA Nomograph for Different Pitot Tube Coefficients and Dry Molecular Weights." Stack Sampling News, 2:4 - 11. October, 1974.

(v) Guidelines for Source Testing of Particulate. Michigan Department of Natural Resources, Air Quality Division. June 1, 1977.

**History**
- *History: 1985 AACS; 1992 AACS; 2002 AACS; 2005 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 336.2012** Reference test method 5C {#sec-r-336.2012 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.2012}

Rule 1012. Reference test method 5C, out-stack filtration method, reads as follows:

(a) The principle, applicability, and performance test criteria are as follows:

(i) Principle. Particulate matter is withdrawn iso-kinetically from the source and collected on solid filtering media maintained at a temperature in the range of 120 ±14 degrees Centigrade, 248 ±25 degrees Fahrenheit, or another temperature as specified by the department's rules or a permit condition, or as approved by the department for a particular application. The particulate mass, which includes any material that condenses at or above the filtration temperature, is determined gravimetrically after removal of uncombined water.

(iii) Performance test criteria as follows:

(A) A performance test must meet the requirements under R 336.2003(2).

(C) The minimum volume per sample must be 30 cubic feet of dry gas corrected to standard conditions, 68 degrees Fahrenheit, 29.92 inches mercury. Minimum sample time must be 60 minutes, which may be continuous or a combination of shorter sampling periods for sources that operate in a cyclic manner. Smaller sampling times or sample volumes, when necessitated by process variables or other factors, may be approved by the department.

(b) The following provisions apply to apparatus:

(i) Sampling train. A schematic of the sampling train used in this method is shown in figure 103 under R 336.2021. Construction details for many, but not all, of the train components are given in APTD-0581, subdivision (g)(ii) of this rule. For changes from the APTD-0581 document and for allowable modifications to figure 103 under R 336.2021, consult with the department. The operating and maintenance procedures for many, but not all, of the sampling train are described in APTD-0576, adopted by reference in R 336.1902, and referenced under subdivision (g)(iii) of this rule. Since correct usage is important in obtaining valid results, all users shall read APTD-0576 and adopt the applicable operating and maintenance procedures outlined in it, unless otherwise specified. The sampling train consists of the following components:

(A) Probe nozzle. Stainless steel 316 or glass with sharp, tapered leading edge. The angle of taper must be less than 30 degrees and the taper must be on the outside to preserve a constant internal diameter. The probe nozzle must be of the buttonhook design, unless otherwise specified by the department. If made of stainless steel, the nozzle must be constructed from seamless tubing. Other materials of construction may be used, subject to the approval of the department. A range of nozzle sizes suitable for isokinetic sampling must be available, for example, 0.32 to 1.27 centimeters, 1/8 to 1/2 inch, or larger if higher volume sampling trains are used inside diameter nozzles in increments of 0.16 centimeters, 1/16 inches. Each nozzle must be calibrated according to the procedures outlined in subdivision (e) of this rule.

Either borosilicate or quartz glass probe liners may be used for stack temperatures up to about 480 degrees Centigrade, 900 degrees Fahrenheit; quartz liners must be used for temperatures between 480 and 900 degrees Centigrade, 900 and 1,650 degrees Fahrenheit.

Both types of liners may be used at higher temperatures than specified for short periods of time, subject to the approval of the department. The softening temperature for borosilicate is 820 degrees Centigrade, 1,508 degrees Fahrenheit, and for quartz it is 1,500 degrees Centigrade, 2,732 degrees Fahrenheit. When practical, every effort must be made to use borosilicate or quartz glass probe liners. Alternatively, metal liners, such as 316 stainless steel, Incoloy 825, or other corrosion resistant materials made of seamless tubing, may be used, subject to the approval of the department.

(C) Pitot tube. Type S, as described in method 2, or another device approved by the department. The pitot tube must be attached to the probe, as shown in figure 103 under R 336.2021, to allow constant monitoring of the stack gas velocity. The impact, high pressure, opening plane of the pitot tube must be even with or above the nozzle entry plane, see method 2, figure 2-6 Velocity Traverse Data, during sampling. The type S pitot tube assembly must have a known coefficient, determined as outlined in method 2.

(D) Differential pressure gauge. Incline manometer or equivalent devices (2), as described in method 2. One manometer must be used for velocity head (p) readings, and the other must be used for orifice differential pressure readings.

(F) Filter heating system. Any heating system capable of maintaining a temperature around the filter holder during sampling of 120 ±14 degrees Centigrade, 248 ±25 degrees Fahrenheit, another temperature as specified by the department's rules or a permit condition, or a temperature approved by the department for a particular application.

Alternatively, the tester may opt to operate the equipment at a temperature lower than that specified. A temperature gauge capable of measuring temperature to within 3 degrees Centigrade, 5.4 degrees Fahrenheit, must be installed so that the temperature around the filter holders can be regulated and monitored during sampling. Heating systems other than the one shown in APTD-0581 may be used.

The first impinger must contain a known quantity of water, as described in subdivision (d)(i)(C) of this rule, the second must be empty, and the third must contain a known weight of silica gel or equivalent desiccant. Alternatively, a system that cools the sample gas stream and allows measurement of the water condensed and moisture leaving the condenser, to within 1 milliliter or 1 gram, may be used subject to the approval of the department. In any case, the means for measuring the moisture leaving the condenser must be by passing the sample gas stream through a tared silica gel, or equivalent desiccant, trap with exit gases kept below 20 degrees Centigrade, 68 degrees Fahrenheit, and determining the weight gain. If a determination of the particulate matter collected in the impingers is required by the department's rules, a permit to install, or a permit to operate, the impinger system described in this subparagraph must be used, without modification. Contact the department as to the sample recovery and analysis of the impinger contents.

(H) Metering system. Vacuum gauge, leak-free pump, thermometers capable of measuring temperature to within 3 degrees Centigrade, 5.4 degrees Fahrenheit, drygas meter capable of measuring volume to within 2%, and related equipment as shown in figure 103 under R 336.2021. Other metering systems capable of maintaining sampling rates within 10% of isokinetic and capable of determining sample volumes to within 2% may be used, subject to the approval of the department. When the metering system is used in conjunction with a pitot tube, the system must enable checks of isokinetic rates. Sampling trains utilizing metering systems designed for higher flow rates than those described in APTD-0581 or APTD-0576, both adopted by reference in R 336.1902, may be used if the specifications of this method are met.

(I) Barometer. Mercury, aneroid, or other barometer capable of measuring atmospheric pressure to within 2.5 millimeters mercury, 0.1 inch mercury. In many cases, the barometric reading may be obtained from a nearby national weather service station. When obtained from this source, the station value, which is the absolute barometric pressure, must be requested and an adjustment for elevation differences between the weather station and sampling point must be applied at a rate of minus 2.5 millimeters mercury per 30 meters, 0.1 inch mercury, per 100 foot, elevation increase or vice versa for elevation decrease.

(J) Gas density determination equipment. Temperature sensor and pressure gauge, as described in method 2, and gas analyzer, if necessary, as described in method 3. The temperature sensor must, preferably, be permanently attached to the pitot tube or sampling probe in a fixed configuration so that the tip of the sensor extends beyond the leading edge of the probe sheath and does not touch any metal. Alternatively, the sensor may be attached just before use in the field. Note, however, that if the temperature sensor is attached in the field, the sensor must be placed in an interference-free arrangement with respect to the type S pitot tube openings, see method 2, figure 2.7. As a second alternative, if a difference of not more than 1% in the average velocity measurement is to be introduced, the temperature gauge need not be attached to the probe or pitot tube. This alternative is subject to the approval of the department.

(ii) Sample recovery. The following items :

(B) Wash bottles - 2. Glass wash bottles are recommended; polyethylene wash bottles may be used at the option of the tester. It is recommended that acetone not be stored in polyethylene bottles for longer than a month.

(C) Glass sample storage containers. Chemically resistant, borosilicate glass bottles, for acetone washes. Screw cap liners must either be rubber-backed Teflon or must be constructed so as to be leak-free and resistant to chemical attack by acetone. Narrow-mouth glass bottles have been found to be less prone to leakage. Alternatively, polyethylene bottles may be used.

(D) Filter containers. Glass, polyethylene, or aluminum tube containers, unless otherwise specified by the department.

(E) Graduated cylinder or balance. To measure condensed water to within 1 milliliter or 1 gram. Graduated cylinders must have subdivisions of not more than 2 milliliters. Most laboratory balances are capable of weighing to the nearest 0.5 gram or less. Any of these balances are suitable for use here and in paragraph (iii)(D) of this subdivision.

(F) Plastic storage containers. Airtight containers to store silica gel.

(G) Funnel and rubber policeman, to aid in the transfer of silica gel to container; not necessary if silica gel is weighed in the field.

(H) Funnel made from glass or polyethylene, to aid in sample recovery.

(iii) Analysis must include the following equipment:

(A) Glass weighing dishes.

(B) Desiccator.

(D) Balance, to measure to within 0.5 milligrams.

(E) Beakers, 250 milliliters.

(F) Hygrometer, to measure the relative humidity of the laboratory environment.

(G) Temperature gauge, to measure the temperature of the laboratory environment.

(i) The reagents used in sampling are as follows:

(A) Filters. Two outstack filters may be any combination of alundum ceramic thimble filters, type RA-98 or glass fiber filters, type A without organic binder. The size of the filters must allow proper sampling rates to maintain isokinetics using the nozzle sizes specified in subdivision (b)(i)(A) of this rule. Alternatively, other types of filters may be used, subject to the approval of the department.

(B) Silica gel. Indicating type, 6 to 16 mesh. If previously used, dry at 175 degrees Centigrade, 350 degrees Fahrenheit, for 2 hours. New silica gel may be used as received.

Alternatively, other types of desiccants, equivalent or better, may be used, subject to the approval of the department.

(C) Water. When analysis of the material caught in the impingers is required, distilled water must be used. Run blanks prior to field use to eliminate a high blank on test samples.

(D) Crushed ice.

(E) Stopcock grease. Acetone-insoluble, heatstable silicone grease. This is not necessary if screw on connectors with Teflon sleeves, or equivalent, are used.

Alternatively, other types of stopcock grease may be used, subject to the approval of the department.

(ii) Sample recovery, washing solvent. Either acetone or distilled water may be used for sample recovery. If acetone is used for washing solvent, then reagent grade, less than 0.001% residue, in glass bottles is required. Acetone from metal containers generally has a high residue blank and must not be used. Suppliers sometimes transfer acetone to glass bottles from metal containers, so acetone blanks must be run before field use and only acetone with low blank values, less than 0.001%, must be used. A blank value of more than 0.001% of the weight of acetone used must not be subtracted from the sample weight. If distilled water is used for washing solvent, use distilled water with less than 0.001% residue. Run blanks before field use to eliminate a high blank on test samples.

(iii) Two reagents are required for the analysis:

(A) Solvent. Same as paragraph (ii) of this subdivision for quantitative transfer.

(B) Desiccant. Anhydrous calcium sulfate, indicating type. Alternatively, other types of desiccants may be used, subject to the approval of the department.

(d) The following provisions apply to procedure:

(A) Pretest preparation. All the components must be maintained and calibrated according to the applicable procedures described in APTD-0576, adopted by reference in R 336.1902, unless otherwise specified in this rule. Weigh several 200 to 300 gram portions of silica gel in airtight containers to the nearest 0.5 gram. Record the total weight of the silica gel plus container on each container. As an alternative, the silica gel need not be preweighed, but may be weighed directly in its impinger or sampling holder just before train assembly. Check filters visually against light for irregularities, flaws, pinhole leaks, or cracks. Label filters of the proper size on the back side using numbering machine ink. As an alternative, label the shipping containers, described in subdivision (b)(ii)(D) of this rule, and keep the filters in these containers at all times, except during sampling and weighing.

Dry the filters in an oven at 105 degrees Centigrade, 220 degrees Fahrenheit, for a minimum of 2 hours, cool for at least 1 hour in a desiccator containing anhydrous calcium sulfate, and individually weigh and record each weight to the nearest 0.1 milligram. During the weighing, the filters must not be exposed to the laboratory atmosphere for a period of more than 2 minutes and a relative humidity above 50%. Procedures, other than those specified, that account for relative humidity effects may be used, subject to the approval of the department.

(B) Preliminary determinations. Select the sampling site and the minimum number of sampling points according to method 1 or as specified by the department. Determine the stack pressure, temperature, and the range of velocity heads using method 2. It is recommended that a leak check of the pitot lines, see method 2, be performed. Determine the moisture content using approximation method 4, or its alternatives, for the purpose of making isokinetic sampling rate settings. Determine the stack gas dry molecular weight, as described in method 2. If integrated method 3 sampling is used for molecular weight determination, the integrated bag sample must be taken simultaneously with, and for the same total length of time as, the particulate sample run. Select a nozzle size based on the range of velocity heads so that it is not necessary to change the nozzle size in order to maintain isokinetic sampling rates. During the run, do not change the nozzle size. Ensure that the proper differential pressure gauge is chosen for the range of velocity heads encountered, see method 2. Select a suitable probe liner and probe length so that all traverse points can be sampled. For large stacks, consider sampling from opposite sides of the stack to reduce the length of probes. Select a total sampling time greater than or equal to the minimum total sampling time specified in the test procedures for the specific industry so that the sampling time per point is not less than 5 minutes, unless approved by the department, or some greater time interval as specified by the department, and so that the sample volume taken, corrected to standard conditions, exceeds the required minimum total gas sample volume. The latter is based on an approximate average sampling rate. It is recommended that the number of minutes sampled at each point be an integer or an integer plus 1/2 minute to avoid timekeeping errors. In some circumstances, such as in batch cycles, it may be necessary to sample for shorter times at the traverse points and to obtain smaller gas sample volumes. In these cases, the department's approval must first be obtained.

(C) Preparation of collection train. During preparation and assembly of the sampling train, keep all openings where contamination can occur covered until just before assembly or until sampling is about to begin. Place 100 milliliters of water in the first impinger, leave the second impinger empty, and transfer approximately 200 to 300 grams of pre-weighed silica gel from its container to the third impinger. More silica gel may be used, but care should be taken to ensure that it is not entrained and carried out from the impinger during sampling. Place the container in a clean place for later use in the sample recovery.

Alternatively, the weight of the silica gel plus impinger may be determined to the nearest 0.5 gram and recorded. Using tweezers or clean disposable surgical gloves, place a labeled, identified, and weighed filter in the filter holder. Be sure that the filter is properly centered and the gasket properly placed so as to prevent the sample gas stream from circumventing the filter. Check the filter for tears after assembly is completed. When glass liners are used, install the selected nozzle using a Viton A O-ring when stack temperatures are less than 260 degrees Centigrade, 500 degrees Fahrenheit, and a heat-resistant fiberglass, graphite, or other material string gasket when temperatures are higher. See APTD-0576, adopted by reference in R 336.1902, for details. Other connecting systems using either 310 stainless steel or Teflon ferrules may be used. When metal liners are used, install the nozzle in the same manner as for glass liners or by a leak-free direct mechanical connection. Mark the probe with heat-resistant tape or by some other method to denote the proper distance into the stack or duct for each sampling point. Set up the train as in figure 103 under R 336.2021.

If necessary, use a very light coat of silicone grease on all ground glass joints. Grease only the outer portion, see APTD-0576, adopted by reference in R 336.1902, to avoid the possibility of contamination by the silicone grease. Place crushed ice around the impingers.

(D) Leak check procedures as follows:

(I) Pretest leak check. A pretest leak check is strongly recommended, but not required, to prevent invalid sampling and wasted time. If the tester opts to conduct the pretest leak check, the following procedure must be used: After the sampling train has been assembled, turn it on and set the filter and probe heating systems at the desired operating temperatures.

Allow time for the temperatures to stabilize. If a Viton A O-ring or other leak-free connection is used in assembling the probe nozzle to the probe liner, leak check the train at the sampling site by plugging the nozzle and pulling a 380 millimeter mercury, 15 inch mercury, vacuum. A lower vacuum may be used, if it is not exceeded during the test. If a heat-resistant fiberglass, graphite, or other material string is used, do not connect the probe to the train during the leak check. Instead, leak check the train by first plugging the inlet to the filter holder, and cyclone, if applicable, and pulling a 380 millimeter mercury, 15 inch mercury, vacuum. A lower vacuum may be used if it is not exceeded during the test. Then connect the probe to the train and leak check at about a 25 millimeter mercury, 1 inch mercury, vacuum. Alternatively, the probe may be leak checked with the rest of the sampling train, in 1 step, at a 380 millimeter mercury, 15 inch mercury, vacuum. Leakage rates in excess of 4% of the average sampling rate or 0.00057 cubic meters per minute (0.02 cubic feet per minute), whichever is less, are unacceptable. The following leak check instructions for the sampling train described in APTD-0576 and APTD-0581 may be helpful. Start the pump with the bypass valve fully open and the coarse adjust valve completely closed. Partially open the coarse adjust valve and slowly close the bypass valve until the desired vacuum is reached. Do not reverse the direction of the bypass valve, as this will cause water to back up into the filter holder. If the desired vacuum is exceeded, either leak check at this higher vacuum or end the leak check and start over. When the leak check is completed, first slowly remove the plug from the inlet to the probe, filter holder, or cyclone, if applicable, and immediately turn off the vacuum pump. This prevents the water in the impingers from being forced backward into the filter holder and prevents silica gel from being entrained backward into the third impinger.

If the leakage rate is found to be not more than 0.00057 cubic meters per minute, 0.02 cubic feet per minute, or 4% of the average sampling rate, whichever is less, the results are acceptable and no correction need be applied to the total volume of dry gas metered. If, however, a higher leakage rate is obtained, the tester shall either record the leakage rate and plan to correct the sample volume, as shown in subdivision (f)(iii) of R 336.2011, or shall void the sampling run. Immediately after component changes, leak checks are optional. If the leak checks are done, the procedure outlined in paragraph (i)(D)(I) of this subdivision must be used.

(III) Post-test leak check. A leak check is mandatory at the conclusion of each sampling run. The leak check must be done in accordance with the procedures outlined in paragraph (i)(D)(I) of this subdivision, except that it must be conducted at a vacuum equal to or greater than the maximum value reached during the sampling run. If the leakage rate is found to be not more than 0.00057 cubic meters per minute, 0.02 cubic feet per minute, or 4% of the average sampling rate, whichever is less, the results are acceptable and no correction need be applied to the total volume of dry gas metered. If, however, a higher leakage rate is obtained, the tester shall either record the leakage rate and correct the sample volume, as shown in subdivision (f)(iii) of R 336.2011, or shall void the sampling run.

(E) Particulate train operation. During the sampling run, maintain an isokinetic sampling rate that is within 10% of true isokinetic, unless otherwise specified by the department. For each run, record the data required on a data sheet such as the one shown in figure 104 under R 336.2021. Be sure to record the initial dry-gas meter reading. Record the dry-gas meter readings at the beginning and end of each sampling time increment, when changes in flow rates are made, before and after each leak check, and when sampling is halted. Take other readings required by figure 104 under R 336.2021 at least once at each sample point during each time increment, and take additional readings when significant changes, 20% variation in velocity head readings, necessitate additional adjustments in flow rate. Level and zero the manometer. Because the manometer level and zero may drift due to vibrations and temperature changes, make periodic checks during the traverse. Clean the portholes before the test run to minimize the chance of sampling deposited material. To begin sampling, remove the nozzle cap and verify that the pitot tube and probe are properly positioned. Position the nozzle at the first traverse point with the tip pointing directly into the gas stream. Immediately start the pump and adjust the flow to isokinetic conditions.

This minimizes the chance of extracting deposited material. During the test run, add more ice and, if necessary, salt to maintain a temperature of less than 20 degrees Centigrade,68 degrees Fahrenheit, at the condenser/silica gel outlet. Also, periodically check the level and zero of the manometer. If the pressure drop across the filter becomes too high and makes isokinetic sampling difficult to maintain, the filter may be replaced in the midst of a sample run. It is recommended that another complete filter assembly be used rather than attempting to change the filter itself. Before a new filter assembly is installed, conduct a leak check, see subparagraph (D)(II) of this paragraph . The total particulate weight must include the summation of all filter assembly catches. A single train must be used for the entire sample run, except in cases where simultaneous sampling is required in 2 or more separate ducts, at 2 or more different locations within the same duct, or where equipment failure necessitates a change of trains. In all other situations, the use of 2 or more trains must be subject to the approval of the department. Note that when 2 or more trains are used, separate analyses of the front half catches from the individual trains may be combined, as may the impinger catches, and 1 analysis of the front half catch and 1 analysis of impinger catch may be performed. Consult with the department for details concerning the calculation of results when 2 or more trains are used. At the end of the sample run, turn off the coarse adjust valve, remove the probe and nozzle from the stack, turn off the pump, record the final dry gas meter reading, and conduct a post-test leak check, as outlined in subparagraph (D)(III) of this paragraph. Also, leak check the pitot lines as described in method 2. The lines must pass this leak check to validate the velocity head data.

(F) Calculation of percent isokinetic. Calculate percent isokinetic, see subdivision (f) of this rule, to determine whether the run was valid or whether another test run should be made. If there was difficulty in maintaining isokinetic rates due to source conditions, consult with the department for possible variance on the isokinetic rates.

If a flexible line is used between the first impinger or condenser and the filter holder, disconnect the line at the filter holder and let any condensed water or liquid drain into the impingers or condenser. After wiping off the silicone grease, cap off the filter holder outlet and impinger inlet. Ground-glass stoppers, plastic caps, or serum caps may be used to close these openings. Transfer the probe and filter-impinger assembly to the cleanup area. This area must be clean and protected from the wind so that the chances of contaminating or losing the sample are minimized. Save a portion of the solvent used for cleanup as a blank.

Take 200 milliliters of this solvent directly from the wash bottle being used and place it in a glass sample container labeled "solvent blank." Inspect the train prior to and during disassembly and note abnormal conditions. Treat the samples as follows:

(A) Container numbers 1, 1A. Carefully remove the filters from the filter holders and place each filter in its identified container. Use a pair of tweezers or clean disposable surgical gloves, or both, to handle the filters. Carefully transfer to the container any particulate matter or filter fibers, or both, that adhere to the filter holder gasket by using a dry nylon bristle brush or sharp-edged blade, or both. Seal the container.

(B) Container number 2. Taking care to see that dust on the outside of the probe or other exterior surfaces does not get into the sample, the tester shall quantitatively recover from particulate matter or any condensate from the nozzle, probe fitting, probe liner, and from both filter holders by washing these components with solvent and placing the wash in a glass container. Perform the solvent rinses as follows: Carefully remove the probe nozzle and clean the inside surface by rinsing with solvent from a wash bottle and brushing with a nylon bristle brush. Brush until the solvent rinse shows no visible particles and then make a final rinse of the inside surface with solvent. Brush and rinse the inside parts of the Swagelok fitting with solvent in a similar way until no visible particles remain. Rinse the probe liner with solvent by tilting and rotating the probe while squirting solvent into its upper end so that all inside surfaces are wetted with acetone. Let the solvent drain from the lower end into the sample container. A glass or polyethylene funnel may be used to aid in transferring liquid washes to the container. Follow the solvent rinse with a probe brush.

Hold the probe in an inclined position and squirt solvent into the upper end as the probe brush is being pushed with a twisting action through the probe. Hold a sample container underneath the lower end of the probe and catch any solvent and particulate matter that is brushed from the probe. Run the brush through the probe 3 or more times until no visible particulate matter is carried out with the solvent or until none remains in the probe liner on visual inspection. With stainless steel or other metal probes, run the brush through, in the above prescribed manner, not less than 6 times, since metal probes have small crevices in which particulate matter can be entrapped. Rinse the brush with solvent and quantitatively collect these washings in the sample container. After the brushing, make a final solvent rinse of the probe as described above. It is recommended that 2 people clean the probe to minimize sample losses. Between sampling runs, keep brushes clean and protected from contamination. After ensuring that all joints have been wiped clean of silicone grease, clean the inside of both filter holders by rubbing the surfaces with a nylon bristle brush and rinsing with solvent. Rinse each surface 3 times, or more if needed, to remove visible particulate. Make a final rinse of the brush and filter holder. After all solvent washings and particulate matter have been collected in the sample container, tighten the lid on the sample container so that solvent will not leak out when it is shipped to the laboratory. Mark the height of the fluid level to determine whether or not leakage occurred during transport.

Label the container to clearly identify its contents.

(C) Container number 3. Note the color of the indicating silica gel to determine if it has been completely spent and make a notation of its condition. Transfer the silica gel from the third impinger to its original container and seal. A funnel may make it easier to pour the silica gel without spilling it. A rubber policeman may be used as an aid in removing the silica gel from the impinger. It is not necessary to remove the small amount of dust particles that adhere to the impinger wall and are difficult to remove. Since the gain in weight is to be used for moisture calculations, do not use any water or other liquids to transfer the silica gel. If a balance is available in the field, follow the procedure for container number 3 in paragraph (iii)(C) of this subdivision. Impinger water. Treat the impingers as follows:

Make a notation of any color or film in the liquid catch. Measure the liquid that is in the first 2 impingers to within ±1 milliliter by using a graduated cylinder or by weighing it to within ±1.0 gram by using a balance if none is available. Record the volume or weight of liquid present. This information is required to calculate the moisture content of the effluent gas. Discard the liquid after measuring and recording the volume or weight, unless analysis of the impinger catch is required, see subdivision (b)(i)(G) of this rule. If a different type of condenser is used, measure the amount of moisture condensed either volumetrically or gravimetrically. Whenever possible, containers must be shipped in a manner that keeps them upright at all times.

(iii) Analysis. Record the data required on a sheet such as the one shown in figure 106 under R 336.2021. Handle each sample container as follows:

(A) Container numbers 1, 1A. Analyze and report each filter separately. Transfer the filter and any loose particulate from the sample container to a tared-glass weighing dish.

Dry the filter in an oven at 105 degrees Centigrade, 220 degrees Fahrenheit, for a minimum of 2 hours, cool for at least 1 hour in a desiccator containing anhydrous calcium sulfate, and weigh and record its weight to the nearest 0.1 milligram. During the weighing, the filter must not be exposed to the laboratory atmosphere for a period of more than 2 minutes or a relative humidity above 50%. Procedures, other than those specified, that account for relative humidity effects may be used, subject to the approval of the department. The method used for the drying and weighing of filters must be consistent before and after the test.

(B) Container number 2. Note the level of liquid in the container and confirm on the analysis sheet whether or not leakage occurred during transport. If a noticeable amount of leakage has occurred, either void the sample or use methods, subject to the approval of the department, to correct the final results. Measure the liquid in this container either volumetrically to ±1 milliliter or gravimetrically to ±1.0 gram. Transfer the contents to a tared 250 milliliter beaker and evaporate to dryness either at ambient temperature and pressure for acetone or at 95 degrees Centigrade, 203 degrees Fahrenheit, in an oven for distilled water. Then subject the sample to 250 degrees Centigrade, 482 degrees Fahrenheit, in an oven for 2 to 3 hours. Desiccate for 24 hours and weigh to a constant weight. Report the results to the nearest 0.1 milligram.

(C) Container number 3. Weigh the spent silica gel, or silica gel plus impinger, to the nearest 0.5 gram using a balance. This step may be conducted in the field. "Solvent blank" container. Measure solvent in this container either volumetrically or gravimetrically.

Transfer the contents to a tared 250 milliliter beaker and evaporate to dryness either at ambient temperature and pressure for acetone or at 95 degrees Centigrade, 203 degrees Fahrenheit, in an oven for distilled water. Then subject the sample to 250 degrees Centigrade, 482 degrees Fahrenheit, in an oven for 2 to 3 hours. Desiccate for 24-hours and weigh to a constant weight. Report the results to the nearest 0.1 milligram. If acetone is used, the contents of container number 2, as well as the acetone blank container, may be evaporated at temperatures higher than ambient. If evaporation is done at an elevated temperature, the temperature must be closely supervised, and the contents of the beaker must be swirled occasionally to maintain an even temperature. Use extreme care, as acetone is highly flammable and has a low flash point.

(e) Calibration. Maintain a laboratory log of all calibrations. Calibrations must comply with all of the following provisions:

(i) Probe nozzle. A probe nozzle must be calibrated before its initial use in the field.

(ii) Pitot tube. The type S pitot tube assembly must be calibrated according to the procedure outlined in method 2.

(iii) Metering system. Before its initial use in the field, the metering system must be calibrated according to the procedure outlined in APTD -0576, adopted by reference in R 336.1902. Instead of physically adjusting the dry gas meter dial readings to correspond to the wet test meter readings, calibration factors may be used to mathematically correct the gas meter dial readings to the proper values. Before calibrating the metering system, it is suggested that a leak check be conducted. For metering systems having diaphragm or rotary pumps, the normal leak check procedure will not detect leakages within the pump. For these cases, the following leak check procedure is suggested: Make a 10-minute calibration run at 0.00057 cubic meters per minute, 0.02 cubic feet per minute. At the end of the run, take the difference of the measured wet test meter and dry gas meter volumes, and divide the difference by 10 to get the leak rate. The leak rate must not exceed 0.00057 cubic meters per minute, 0.02 cubic feet per minute. After each field use, the calibration of the metering system must be checked by performing 3 calibration runs at a single, intermediate orifice setting, based on the previous field test, with the vacuum set at the maximum value reached during the test series. To adjust the vacuum, insert a valve between the wet test meter and the inlet of the metering system. Calculate the average value of the calibration factor. If the calibration has changed by more than 5%, recalibrate the meter over the full range of orifice settings, as outlined in APTD-0576. Alternatively, a spirometer may be substituted for a wettest meter in the above mentioned calibration procedures. Alternative procedures, such as using the orifice meter coefficients, may be used, subject to the approval of the department. If the dry gas meter coefficient values obtained before and after a test series differ by more than 5%, the test series must be performed using whichever meter coefficient value, before or after, gives the lower value of total sample volume.

(iv) Probe heater calibration. The probe heating system must be calibrated before its initial use in the field according to the procedures outlined in APTD-0576, adopted by reference in R 336.1902. Probes constructed according to APTD-0581 need not be calibrated if the calibration curves in APTD-0576 are used.

(v) Temperature gauges. Use the procedure in method 2 to calibrate in stack temperature gauges. Dial thermometers, such as those used for the dry gas meter and condenser outlet, must be calibrated against mercury in glass thermometers or other thermometers that are calibrated using a National Institute of Standards and Technology calibrated reference thermometer.

(vi) Leak check of metering system shown in figure 103 under R 336.2021. That portion of the sampling train from the pump to the orifice meter must be leak checked before initial use and after each shipment. Leakage after the pump results in less volume being recorded than is actually sampled. The following procedure is suggested, also see figure 107 under R 336.2021: Close the main valve on the meter box. Insert a 1-hole rubber stopper with rubber tubing attached into the orifice exhaust pipe. Disconnect and vent the low side of the orifice manometer. Close off the low side orifice tap. Pressurize the system to 13 to 18 centimeters, 5 to 7 inches, water column by blowing into the rubber tubing. Pinch off the tubing and observe the manometer for 1 minute. A loss of pressure on the manometer indicates a leak in the meter box. Leaks, if present, must be corrected.

(vii) Barometer. Calibrate against a mercury barometer.

(g) Bibliography:

(i) Federal Register, Volume 42, No. 160, Part 60, Chapter 1, Title 40, Appendix A, Method 5. August 18, 1977.

(ii) Martin, Robert M. Construction Details of Isokinetic Source Sampling Equipment.

Environmental Protection Agency. Research Triangle Park, N.C.APTD-0581. April, 1971.

(iii) Rom, Jerome J. Maintenance, Calibration, and Operation of Isokinetic Source Sampling Equipment. Environmental Protection Agency. Research Triangle Park, N.C.

APTD-0576. March, 1972.

(iv) Shigehara, R. T. "Adjustments in the EPA Nomograph for Different Pitot Tube Coefficients and Dry Molecular Weights." Stack Sampling News 2:4-11.October, 1974.

(v) Guidelines for Source Testing of Particulate. Michigan Department of Natural Resources, Air Quality Division. June 1, 1977.

**History**
- *History: 1985 AACS; 1992 AACS; 2002 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 336.2013** Reference test method 5D {#sec-r-336.2013 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.2013}

Rule 1013. Reference test method 5D, testing of steel manufacturing sources, reads as follows:

(a) General description. Emission testing procedures shall follow the methodology specified in R 336.2004(1)(c) and (d) and R 336.2012, unless otherwise provided in this rule.

(b) Coke battery pushing emission control equipment outlet test procedure for scrubbers.

Outlet emission tests for any scrubber emission control equipment controlling coke battery emissions shall be conducted as follows:

(i) The pushing emission control system is operated on a batch type process and shall be tested as such using the reference test methods specified in subdivision (a) of this rule.

(ii) Each sampling point shall be sampled for 1 cycle operation, which is defined as beginning when the coke guide and snorkels are engaged and continuing until the quench car leaves the hood.

(iii) For a shed, the sampling period shall begin with the first movement of coke and shall end when the car enters the quench tower.

(iv) Integrated gas samples shall be taken over the entire test period. The samples shall be analyzed for carbon monoxide, carbon dioxide, oxygen, and nitrogen by means of an Orsat analyzer. The sampling and sample analysis shall be performed in accordance with R 336.2004(1)(c). The average values from the 3 samples shall be used in determining the dry molecular weight of the exhaust gas. If a complete test is not performed during the day, at least 1 sample shall be taken.

(v) Based on design and previous data, saturated conditions shall be assumed. The moisture content shall be calculated as per R 336.2004(1)(d), based on stack conditions during the preliminary and sampling traverses.

(vi) The stack sampling equipment and procedures as described in method 5C shall be used in performing a particulate emission test, with the following variations:

(A) Due to the varying time required for pushing operations, an integer sampling time increment shall not be required.

(B) Because of the shorter sampling periods at each sampling point, a specific gas volume cannot be guaranteed. Therefore, an average sampling rate of not less than 0.90 dry standard cubic feet per minute shall be used during each sampling run.

(D) Glass or glass-lined stainless steel tubing and a glass cyclone between the probe and filter holder may be used.

(E) The probe and filter heating system may be heated at 248 ±25 degrees Fahrenheit.

Outlet emission tests for any emission control equipment controlling only the primary emissions from a basic oxygen furnace shall be conducted as follows:

(i) The testing program shall consist of 3 valid sampling runs. A sampling run is the composite of those portions of 4 heats starting with oxygen blowing and ending not more than 180 seconds following the last oxygen blow or the beginning of the tap, whichever occurs first. Each process cycle shall be used to obtain the sample for 1 quadrant of the traverse.

(ii) When testing a wet scrubber outlet, saturated conditions shall be assumed and moisture content shall be calculated based on stack conditions during the preliminary and sampling traverses.

(iii) The particulate emission rate shall be determined as specified in reference test method 5C, with the following variations:

(A) A stainless steel probe liner after the nozzle may be used.

(B) Glass or glass-lined stainless steel tubing and a glass cyclone between the probe and filter holder may be used.

(d) Basic oxygen furnace secondary emissions control equipment outlet test procedure.

Outlet emission tests for any emission control equipment controlling only the secondary emissions from a basic oxygen furnace shall be conducted as follows:

(i) The testing program shall consist of 3 valid sampling runs. A sampling run shall be defined as the composite of the following portions of 4 heats:

(A) Charging.

(B) Tapping.

(D) Slagging.

(E) The first 5 minutes of oxygen blowing for those systems with a separate secondary collector.

(ii) When testing a wet scrubber outlet, saturated conditions shall be assumed and moisture content shall be calculated based on stack conditions during the preliminary and sampling traverses.

(iii) The particulate emission rate shall be determined as specified in reference test method 5C, with the following variations:

(A) A stainless steel probe liner after the nozzle may be used.

(B) Glass or glass-lined stainless steel tubing and a glass cyclone between the probe and filter holder may be used.

(e) Basic oxygen furnace primary and secondary emissions control equip-ment outlet test procedures. Outlet emission tests for any emission control equipment controlling both the primary and secondary emissions from a basic oxygen furnace shall be conducted as follows:

(i) One vessel:

(A) For testing of primary control equipment that captures secondary emissions from a single vessel, the testing program shall consist of 3 valid sampling runs. A sampling run is the composite of the following portions of 8 heats:

(1) Charging.

(2) Oxygen blowing.

(3) Tapping.

(4) Turndown.

(5) Slagging.

Four heats are to be sampled only during oxygen blowing, with each heat used to obtain the sample from 1 quadrant. The remaining 4 heats are to be sampled only during the portions of the heat other than oxygen blowing, with each heat used to obtain the sample from 1 quadrant.

(B) When testing a wet scrubber outlet, saturated conditions shall be assumed and moisture content shall be calculated based on stack conditions during the preliminary and sampling traverses.

(C) The particulate emission rate shall be determined as specified in reference test method 5C, with the following variations:

(1) A stainless steel probe liner after the nozzle may be used.

(2) Glass or glass-lined stainless steel tubing and a glass cyclone between the probe and filter holder may be used.

(3) The probe and filter heating system may be heated to 248 ±25 degrees Fahrenheit.

(ii) More than one vessel:

(A) For testing of control equipment that captures both primary and secondary emissions from more than 1 vessel, the testing program shall consist of 3 valid sampling runs. A sampling run is the composite of the following portions of 4 heats for 1 or more vessels:

(1) Charging.

(2) Oxygen blowing.

(3) Tapping.

(4) Turndown.

(5) Slagging.

At least 1 heat shall be used to obtain the sample from each quadrant of the traverse.

(B) When testing a wet scrubber outlet, saturated conditions shall be assumed and moisture content shall be calculated based on stack conditions during the preliminary and sampling traverses.

(C) The particulate emission rate shall be determined as specified in reference test method 5C, with the following variations:

(1) A stainless steel probe liner after the nozzle may be used.

(2) Glass or glass-lined stainless steel tubing and a glass cyclone between the probe and filter holder may be used.

(3) The probe and filter heating system may be heated to 248 ±25 degrees Fahrenheit.

(f) Blast furnace casthouse air-cleaning device outlet test procedure. Outlet emission tests for any air-cleaning device controlling fugitive emissions from a blast furnace casthouse shall be conducted as follows:

(i) The testing program shall consist of 3 sampling runs. A sampling run shall be performed during a 2-hour period, sampling only when casting takes place. If 50 dry standard cubic feet are not sampled during this period, the sampling run shall be extended so as to fulfill this condition.

(ii) The particulate emission rate shall be determined as specified in reference test method 5C, with the following variations:

(A) A stainless steel probe liner after the nozzle may be used.

(B) Glass or glass-lined stainless steel tubing and a glass cyclone between the probe and filter holder may be used.

(g) Coke oven combustion stack test procedures. Emissions from any coke oven combustion stack shall be tested as follows:

(i) The testing program shall consist of 3 valid sampling runs.

(ii) Saturated conditions shall be assumed for stacks controlled by wet scrubbers. The moisture content shall be calculated as per R 336.2004(1)(d) based on stack conditions during the preliminary and sampling traverses.

(iii) The stack sampling equipment and procedures described in method 5C shall be used in performing a particulate emission test with the following variations:

(A) A stainless steel probe liner after the nozzle may be used.

(B) Heated flexible teflon tubing and a glass cyclone between the probe and filter holder may be used.

(D) All filters shall be cooled and stored in a dessicator previous to weighing. Exposure to the ambient air shall be minimized to the extent that it is practical. This same procedure shall be used if any subsequent weighing is necessary.

(iv) The sampling time shall correspond to a minimum of 5 coke oven pushes per battery.

(h) Coke oven coal preheater scrubber outlet test procedures. Outlet emission tests for any scrubber emission control equipment controlling emissions from a coke oven coal preheater shall be conducted as follows:

(i) The testing program shall consist of 3 valid sampling runs.

(ii) Based on design and previous data, saturated conditions shall be assumed. The moisture content shall be calculated as per R 336.2004(1)(d) based on stack conditions during the preliminary and sampling traverses.

(iii) The stack sampling equipment and procedures described in method 5C shall be used in performing a particulate emission test with the following variations:

(A) A stainless steel probe liner after the nozzle may be used.

(B) Glass or glass-lined stainless steel tubing and a glass cyclone between the probe and filter holder may be used.

(i) Electric arc furnace stack test procedures. Emissions from any electric arc furnace stack shall be tested as follows:

(i) The testing program shall consist of 3 valid sampling runs. A sampling run is the time beginning when the roof is placed on the furnace, after the first charge, and ending with the time when the roof is removed, just prior to tapping.

(ii) The particulate emission rate shall be determined as specified in reference test method 5C, with the following exceptions:

(A) A stainless steel probe liner after the nozzle may be used.

(B) Glass or glass-lined stainless steel tubing and a glass cyclone between the probe and filter holder may be used.

(D) The emission rate for any furnace controlled by a positive pressure baghouse, or by a baghouse exhausted by more than 5 stacks, shall be determined as specified in R 336.2014.

(j) Sinter plant gravel bed filter test procedures. Emissions from any gravel bed filter emission control equipment controlling emissions from a sinter plant shall be tested as follows:

(i) The testing program shall consist of 3 valid sampling runs.

(ii) The stack sampling equipment and procedures described in method 5C shall be used in performing a particulate emission test with the following variations:

(A) A stainless steel probe liner after the nozzle may be used.

(B) Glass or glass-lined stainless steel tubing and a glass cyclone between the probe and filter holder may be used.

(k) Miscellaneous. During each stack test performed, the owner or operator shall provide a representative of the department access to production data and other parameters that are necessary for determining compliance.

(l) Sample volume. The minimum volume per sample shall be 50 cubic feet of dry gas corrected to standard conditions, 70 degrees Fahrenheit, 29.92 inches of mercury, unless specified otherwise in the provisions of this rule.

(m) Opacity tests. During each stack test performed, simultaneous visible emission evaluations shall be conducted according to the reference test method specified in R 336.1303 for the process being tested.

(n) Operating conditions. During each run of a stack test, the facility to be tested shall be operated at a batch or other similar production level which is representative of the actual level during the preceding 3 months before the first day of the test, unless the department approves or specifies alternate acceptable operating conditions.

(o) Compliance. Compliance with any mass emission standard shall be determined by averaging 3 test runs using all test procedures specified for the tested process in this rule.

**History**
- *History: 1985 AACS; 2002 AACS.*

##### **Mich. Admin. Code R 336.2014** Reference test method 5E {#sec-r-336.2014 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.2014}

Rule 1014. Reference method 5E, determination of particulate matter emissions from positive pressure fabric filters, reads as follows:

(a) The principle, applicability, and performance test criteria are as follows:

(i) Principle. Particulate matter is withdrawn isokinetically from the source and collected on a glass fiber filter maintained at a temperature at or above the exhaust gas temperature up to a nominal 248 ±25 degrees Fahrenheit. The particulate mass, which includes any material that condenses at or above the filtration temperature, is determined gravimetrically after the removal of uncombined water.

(ii) Applicability. This method is applicable for the determination of particulate emissions from the stationary sources as identified in table 31 of R 336.1331. The method is also applicable when specifically provided for in the department's rules, orders, a permit to install, or a permit to operate.

(iii) Performance test criteria as follows:

(A) A performance test must meet the requirements under R 336.2003(2).

(C) The minimum volume per sample must be 30 cubic feet actual gas. Minimum sample time must be 60 minutes, which may be continuous or a combination of shorter sampling periods for sources that operate in a cyclic manner. Smaller sampling times or sample volumes, when necessitated by process variables or other factors, may be approved by the department.

(b) The following provisions apply to apparatus:

(i) Sampling train. A schematic of the sampling train used in this method is shown in figure 103 under R 336.2021. Construction details for many, but not all, of the train components are given in APTD-0581, subdivision (g)(ii) of this rule. For changes from the APTD-0581 document and for allowable modifications to figure 103 under R 336.2021, consult with the department. The operating and maintenance procedures for many, but not all, of the sampling train are described in APTD-0576, adopted by reference in R 336.1902 and as referenced under subdivision (g)(iii) of this rule. Since correct usage is important in obtaining valid results, all users shall read APTD-0576 and adopt the applicable operating and maintenance procedures outlined in it, unless otherwise specified in these rules. The sampling train consists of the following components:

(A) Probe nozzle. Stainless steel 316 or glass with sharp, tapered leading edge. The angle of taper must be less than 30 degrees and the taper must be on the outside to preserve a constant internal diameter. The probe nozzle must be of the button-hook design, unless otherwise specified by the department. If made of stainless steel, the nozzle must be constructed from seamless tubing. Other materials of construction may be used, subject to the approval of the department. A range of nozzle sizes suitable for isokinetic sampling must be available, for example, 0.32 to 1.27 centimeters, 1/8 to 1/2 inch, or larger if higher volume sampling trains are used inside diameter nozzles in increments of 0.16 centimeter, 1/16 inch. Each nozzle must be calibrated according to the procedures outlined in subdivision (e) of this rule.

(B) Probe liner. Borosilicate or quartz glass tubing with a heating system capable of maintaining a gas temperature at the exit end during sampling of 120 ±14 degrees Centigrade, 248 ±25 degrees Fahrenheit, another temperature as specified by the department's rules, or a temperature approved by the department for a particular application. The tester may opt to operate the equipment at a temperature lower than that specified. Since the actual temperature at the outlet of the probe is not usually monitored during sampling, probes constructed according to APTD-0581 that utilize the calibration curves of APTD-0576, or calibrated according to the procedure outlined in APTD-0576, are acceptable. Either borosilicate or quartz glass probe liners may be used for stack temperatures up to about 480 degrees Centigrade, 900 degrees Fahrenheit. Quartz liners must be used for temperatures between 480 and 900 degrees Centigrade, 900 and 1,650 degrees Fahrenheit. Both types of liners may be used at higher temperatures than specified for short periods of time, subject to the approval of the department. The softening temperature for borosilicate is 820 degrees Centigrade, 1,508 degrees Fahrenheit, and for quartz it is 1,500 degrees Centigrade, 2,732 degrees Fahrenheit. When practical, every effort must be made to use borosilicate or quartz glass probe liners. Alternatively, metal liners, such as 316 stainless steel, Incoloy 825, or other corrosion-resistant materials made of seamless tubing, may be used, subject to the approval of the department.

(C) Pitot tube. Type S, as described in method 2, or other device approved by the department. The pitot tube must be attached to the probe, as shown in figure 103 under R 336.2021, to allow constant monitoring of the stack gas velocity. The impact, high pressure, opening plane of the pitot tube must be even with or above the nozzle entry plane, see method 2, figure 2-6 Velocity Traverse Data during sampling. The type S pitot tube assembly must have a known coefficient, determined as outlined in method 2.

(D) Differential pressure gauge. Incline manometer or equivalent devices, quantity 2, as described in method 2. One manometer must be used for velocity head (p) readings, and the other must be used for orifice differential pressure readings.

(G) Condenser. The following system must be used to determine the stack gas moisture content: Three impingers connected in series with leak-free ground glass fittings or any similar leak-free noncontaminating fittings. All impingers must be of the Greenburg-Smith design and must be modified by replacing the tip with a 1.3 centimeters, 1/2 inch, inside diameter glass tube extending to about 1.3 centimeters, 1/2 inch, from the bottom of the flask. Modifications, such as using flexible connections between the impingers or using materials other than glass, are allowed subject to the approval of the department. The first impinger must contain a known quantity of water, as described in subdivision (d)(i)(C) of this rule, the second must be empty, and the third must contain a known weight of silica gel or equivalent desiccant. Alternatively, any system that cools the sample gas stream and allows measurement of the water condensed and moisture leaving the condenser, each to within 1 milliliter or 1 gram, may be used subject to the approval of the department. In any case, the means for measuring the moisture leaving the condenser must be by passing the sample gas stream through a tared silica gel, or equivalent desiccant, trap with exit gases kept below 20 degrees Centigrade, 68 degrees Fahrenheit, and determining the weight gain.

If a determination of the particulate matter collected in the impingers is required by the department's rules, a permit to install, or a permit to operate, the impinger system described in this subdivision must be used, without modification. Contact the department as to the sample recovery and analysis of the impinger contents.

(H) Metering system. Vacuum gauge, leak-free pump, thermometers capable of measuring temperature to within 3 degrees Centigrade, 5.4 degrees Fahrenheit, dry-gas meter capable of measuring volume to within 2%, and related equipment as shown in figure 103 under R 336.2021. Other metering systems capable of maintaining sampling rates within 10% of isokinetic and capable of determining sample volumes to within 2% may be used, subject to the approval of the department. When the metering system is used in conjunction with a pitot tube, the system must enable checks of isokinetic rates. Sampling trains utilizing metering systems designed for higher flow rates than those described in APTD-0581 or APTD-0576, adopted by reference in R 336.1902, may be used if the specifications of this rule are met.

(I) Barometer. Mercury, aneroid, or other barometer capable of measuring atmospheric pressure to within 2.5 millimeters mercury, 0.1-inch mercury. In many cases, the barometric reading may be obtained from a nearby national weather service station. When obtained from this source, the station value, which is the absolute barometric pressure, must be requested and an adjustment for elevation differences between the weather station and sampling point must be applied at a rate of minus 2.5 millimeters mercury, 0.1-inch mercury, per 30 meters, 100 foot, elevation increase or vice versa for elevation decrease.

(J) Gas density determination equipment. Temperature sensor and pressure gauge, as described in method 2, and gas analyzer, if necessary, as described in method 3. The temperature sensor must, preferably, be permanently attached to the pitot tube or sampling probe in a fixed configuration so that the tip of the sensor extends beyond the leading edge of the probe sheath and does not touch metal. Alternatively, the sensor may be attached just before use in the field. Note, however, that if the temperature sensor is attached in the field, the sensor must be placed in an interference-free arrangement with respect to the type S pitot tube openings, see method 2, figure 2.6 Velocity Traverse Data. As a second alternative, if a difference of not more than 1% in the average velocity measurement is to be introduced, the temperature gauge need not be attached to the probe or pitot tube. This alternative is subject to the approval of the department.

(ii) Sample recovery. The following items are needed:

(B) Wash bottles - 2. Glass wash bottles are recommended. Polyethylene wash bottles may be used at the option of the tester. It is recommended that acetone not be stored in polyethylene bottles for longer than a month.

(C) Glass sample storage containers. Chemically resistant, borosilicate glass bottles, for acetone washes, 500 milliliters or 1000 milliliters. Screw cap liners must either be rubberbacked Teflon or must be constructed so as to be leak-free and resistant to chemical attack by acetone. Narrow-mouth glass bottles have been found to be less prone to leakage.

Alternatively, polyethylene bottles may be used.

(D) Filter containers. Glass, polyethylene, or aluminum tube containers, unless otherwise specified by the department.

(F) Plastic storage containers. Airtight containers to store silica gel.

(G) Funnel and rubber policeman, to aid in the transfer of silica gel to container, but not necessary if silica gel is weighed in the field.

(H) Funnel. Glass or polyethylene, to aid in sample recovery.

(iii) Analysis. The following equipment is needed for analysis:

(A) Glass weighing dishes.

(B) Desiccator.

(D) Balance. To measure to within 0.5 milligrams.

(E) Beakers. 250 milliliters.

(F) Hygrometer, to measure the relative humidity of the laboratory environment.

(G) Temperature gauge, to measure the temperature of the laboratory environment.

(i) Sampling. The reagents used in sampling are as follows:

(A) Filters. Two outstack filters may be any combination of alundum ceramic thimble filters, type RA-98 or glass fiber filters, type A without organic binder. The size of such filters must allow proper sampling rates to maintain isokinetics using the nozzle sizes specified in subdivision (b)(i)(A) of this rule. Alternatively, other types of filters may be used, subject to the approval of the department.

(B) Silica gel. Indicating type, 6 to 16 mesh. If previously used, dry at 175 degrees Centigrade, 350 degrees Fahrenheit, for 2 hours. New silica gel may be used as received.

Alternatively, other types of desiccants, the equivalent or better of silica gel, may be used, subject to the approval of the department.

(C) Water. When analysis of the material caught in the impingers is required, distilled water must be used. Run blanks before field use to eliminate a high blank on test samples.

(D) Crushed ice.

(E) Stopcock grease. Acetone-insoluble, heat-stable silicone grease. This is not necessary if screw-on connectors with Teflon sleeves, or equivalent, are used.

Alternatively, other types of stopcock grease may be used, subject to the approval of the department.

(ii) Sample recovery. Washing solvent. Either acetone or distilled water may be used for sample recovery. If acetone is used for washing solvent, then reagent grade, less than 0.001% residue, in glass bottles is required. Acetone from metal containers generally has a high residue blank and must not be used. Suppliers sometimes transfer acetone to glass bottles from metal containers. Thus, acetone blanks must be run before field use, and only acetone with low blank values, less than 0.001%, must be used. In no case must a blank value of more than 0.001% of the weight of acetone used be subtracted from the sample weight. If distilled water is used for washing solvent, use distilled water with less than 0.001% residue. Run blanks before field use to eliminate a high blank on test samples.

(iii) Analysis. Two reagents are required for the analysis:

(A) Solvent. Same as paragraph (ii) of this subdivision for quantitative transfer.

(B) Desiccant. Anhydrous calcium sulfate, indicating type. Alternatively, other types of desiccants may be used, subject to the approval of the department.

(d) The following provisions apply to procedures:

(i) Determination of single measurement sites. The measurement site for a positive pressure fabric filter with an exhaust stack meeting method 1 criteria must be in accordance with method 1. The measurement site for positive pressure fabric filters with short stacks or physical configuration not amenable to the requirements of method 1 must be determined from the following alternatives, or as approved by the department:

(A) Short stacks not meeting method 1 criteria: Short stacks may be extended in accordance with the procedures set forth in method 1 or by the use of flow straightening vanes. The flow straightening vanes must be of the egg crate design, see figure 109 under R 336.2021. The measurement site, when using straightening vanes, must be at a distance not less than 2 times the average equivalent diameter of the vane opening and not less than half of the overall stack diameter upstream of the stack outlet.

(B) Roof monitor or monovent exhaust outlets: For positive pressure fabric filters equipped with peaked roof monitors, ridge vents, or other types of monovents, use a measurement site at the base of the monovent. Examples of the locations are shown in figure 108 under R 336.2021. The measurement site must be upstream of any exhaust point.

(C) Measurement site in fabric filter compartment housing. Sample immediately downstream of the filter bags directly as shown in the examples in figure 108 under R 336.2021. Depending on the housing design, use sampling ports in the housing walls or locate the sampling equipment within the compartment housing.

(ii) Determination of number and location of traverse points. The number and location of traverse points for single exhaust stacks on positive pressure fabric filters meeting method 1 criteria must be in accordance with method 1. The number of traverse points for other single measurement sites not meeting method 1 criteria must not be less than 24. For example, a rectangular measurement site, such as a monovent, would require the use of a balanced 5-by-5 traverse point matrix. All traverse points must be sampled for each test run.

(iii) Multiple measurement sites. Sampling from 2 or more stacks or measurement sites may be combined for a test run, if all of the following requirements are met:

(A) All measurement sites up to 12 must be sampled. For more than 12 measurement sites, conduct sampling on not less than 12 sites or 50% of the sites, whichever is greater.

The measurement sites sampled must be evenly, or nearly evenly, distributed among the available sites, if not all of the sites are to be sampled.

(B) The same number of measurement sites must be sampled for each test run.

(C) The minimum number of traverse points per test run is 24. An exception to the 24point minimum would be a test combining the sampling from 2 stacks meeting method 1 criteria for acceptable stack length, and method 1 specifies fewer than 12 points per site.

(D) As long as the 24 traverse points per test run criterion is met, the number of traverse points per measurement site may be reduced to 8. Alternatively, conduct a test run for each measurement site individually using the criteria in this paragraph and paragraph (ii) of this subdivision for the number of traverse points. Each test must count toward the total of 3 required for a performance test. If more than 3 measurement sites are sampled, the number of traverse points per measurement site may be reduced to 8 if not less than 72 traverse points are sampled for all 3 tests.

(iv) Sampling. The complexity of this method is such that, in order to obtain reliable results, testers must be trained and experienced with the test procedures. Sampling must comply with the following provisions:

As an alternative, label the shipping containers, subdivision (b)(ii)(D) of this rule, and keep the filters in these containers at all times, except during sampling and weighing. Dry the filters in an oven at 105 degrees Centigrade, 220 degrees Fahrenheit, for a minimum of 2 hours, cool for at least 1 hour in a desiccator containing anhydrous calciumsulfate, and individually weigh and record each weight to the nearest 0.1 milligram. During the weighing, the filters must not be exposed to the laboratory atmosphere for a period of more than 2 minutes and a relative humidity above 50%. Procedures, other than those specified, that account for relative humidity effects may be used, subject to the approval of the department.

(C) Preparation of collection train. During preparation and assembly of the sampling train, keep all openings where contamination can occur covered until just before assembly or until sampling is about to begin. Place 100 milliliters of water in the first impinger, leave the second impinger empty, and transfer approximately 200 to 300 grams of preweighed silica gel from its container to the third impinger. More silica gel may be used, but care should be taken to ensure that it is not entrained and carried out from the impinger during sampling. Place the container in a clean place for later use in the sample recovery.

If necessary, use a very light coat of silicone grease on all ground glass joints. Grease only the outer portion, see APTD-0576, to avoid the possibility of contamination by the silicone grease. Place crushed ice around the impingers.

(D) Leak check procedures:

(I) Pretest leak check. A pretest leak check is strongly recommended, but not required, to prevent invalid sampling and wasted time. If the tester opts to conduct the pretest leak check, the following procedure must be used: After the sampling train has been assembled, turn it on and set the filter and probe heating systems at the desired operating temperatures.

Start the pump with the bypass valve fully open and the coarse adjust valve completely closed. Partially open the coarse adjust valve and slowly close the bypass valve until the desired vacuum is reached. Do not reverse the direction of the bypass valve, as this will cause water to back up into the filter holder. If the desired vacuum is exceeded, either leak check at this higher vacuum or end the leak check and start over. When the leak check is completed, first slowly remove the plug from the inlet to the probe, filter holder, or cyclone, if applicable, and immediately turn off the vacuum pump. This prevents the water in the impingers from being forced backward into the filter holder and prevents silica gel from being entrained backward into the third impinger.

(II) Leak checks during sample run. If, during the sampling run, a component, such as a filter assembly or impinger, change becomes necessary, a leak check must be conducted immediately before the change is made. The leak check must be done according to the procedure outlined in paragraph (iv)(D)(I) of this subdivision, except that it must be done at a vacuum equal to or greater than the maximum value recorded up to that point in the test. If the leakage rate is found to be not more than 0.00057 cubic meters per minute, 0.02 cubic feet per minute, or 4% of the average sampling rate, whichever is less, the results are acceptable and no correction need be applied to the total volume of dry gas metered. If, however, a higher leakage rate is obtained, the tester shall either record the leakage rate and plan to correct the sample volume, as shown in subdivision (f)(iii) of R 336.2011, or shall void the sampling run. Immediately after component changes, leak checks are optional. If the leak checks are done, the procedure outlined in paragraph (iv)(D)(I) of this subdivision must be used.

(III) Post-test leak check. A leak check is mandatory at the conclusion of each sampling run. The leak check must be done in accordance with the procedures outlined in paragraph (iv)(D)(I) of this subdivision, except that it must be conducted at a vacuum equal to or greater than the maximum value reached during the sampling run. If the leakage rate is found to be not more than 0.00057 cubic meters per minute, 0.02 cubic feet per minute, or 4% of the average sampling rate, whichever is less, the results are acceptable and no correction need be applied to the total volume of dry gas metered. If, however, a higher leakage rate is obtained, the tester shall either record the leakage rate and correct the sample volume, as shown in subdivision (f)(iii) of R 336.2011, or shall void the sampling run.

(E) Particulate train operation. During the sampling run, maintain an isokinetic sampling rate that is within 10% of true isokinetic, unless otherwise specified by the department. For each run, record the data required on a data sheet such as the one shown in figure 104 under R 336.2021. Be sure to record the initial dry-gas meter reading. Record the dry-gas meter readings at the beginning and end of each sampling time increment, when changes in flow rates are made, before and after each leak check, and when sampling is halted. Take other readings required by figure 104 under R 336.2021 at least once at each sample point during each time increment, and take additional readings when significant changes, 20% variation in velocity head readings, necessitate additional adjustments in flow rate. Level and zero the manometer. Because the manometer level and zero may drift due to vibrations and temperature changes, make periodic checks during the traverse. Clean the portholes before the test run to minimize the chance of sampling deposited material. To begin sampling, remove the nozzle cap and verify that the pitot tube and probe are properly positioned. Position the nozzle at the first traverse point with the tip pointing directly into the gas stream. Immediately start the pump and adjust the flow to isokinetic conditions.

This minimizes the chance of extracting deposited material. During the test run, add more ice and, if necessary, salt to maintain a temperature of less than 20 degrees Centigrade, 68 degrees Fahrenheit, at the condenser/silica gel outlet. Also, periodically check the level and zero of the manometer. If the pressure drop across the filter becomes too high and makes isokinetic sampling difficult to maintain, the filter may be replaced in the midst of a sample run. It is recommended that another complete filter assembly be used rather than attempting to change the filter itself. Before a new filter assembly is installed, conduct a leak check, see paragraph (iv)(D)(II) of this subdivision. The total particulate weight must include the summation of all filter assembly catches. A single train must be used for the entire sample run, except in cases where simultaneous sampling is required in 2 or more separate ducts, at 2 or more different locations within the same duct, or where equipment failure necessitates a change of trains. In all other situations, the use of 2 or more trains must be subject to the approval of the department. Note that when 2 or more trains are used, separate analyses of the front-half catches from the individual trains may be combined, as may the impinger catches, and 1 analysis of the front-half catch and 1 analysis of impinger catch may be performed. Consult with the department for details concerning the calculation of results when 2 or more trains are used. At the end of the sample run, turn off the coarse adjust valve, remove the probe and nozzle from the stack, turn off the pump, record the final dry-gas meter reading, and conduct a post-test leak check, as outlined in paragraph (iv)(D)(III) of this subdivision. Also, leak-check the pitot lines as described in method 2 The lines must pass this leak check to validate the velocity head data.

(v) Sample recovery. Proper cleanup procedure begins as soon as the probe is removed from the stack at the end of the sampling period. Allow the probe to cool. When the probe can be safely handled, wipe off all external particulate matter near the tip of the probe nozzle and place a cap over it to prevent losing or gaining particulate matter. Do not cap off the probe tip tightly while the sampling train is cooling down as this creates a vacuum in the filter holder and draws water from the impingers into the filter holder. Before moving the sample train to the cleanup site, remove the probe from the sample train, wipe off the silicone grease, and cap the open outlet of the probe. Be careful not to lose any condensate that might be present. Wipe off the silicone grease from the filter inlet where the probe was fastened and cap it. Remove the umbilical cord from the last impinger and cap the impinger.

Take 200 milliliters of this solvent directly from the wash bottle being used and place it in a glass sample container labeled "solvent blank." Inspect the train before and during disassembly and note any abnormal conditions. Treat the samples as follows: Container numbers 1, 1A. Carefully remove the filters from the filter holders and place each filter in its identified container. Use a pair of tweezers or clean disposable surgical gloves, or both, to handle the filters. Carefully transfer to the container any particulate matter or filter fibers, or both, that adhere to the filter holder gasket by using a dry nylon bristle brush or sharpedged blade, or both. Seal the container. Container number 2. Taking care to see that dust on the outside of the probe or other exterior surfaces does not get into the sample, the tester shall quantitatively recover from particulate matter or condensate from the nozzle, probe fitting, probe liner, and from both filter holders by washing these components with solvent and placing the wash in a glass container. Perform the solvent rinses as follows: Carefully remove the probe nozzle and clean the inside surface by rinsing with solvent from a wash bottle and brushing with a nylon bristle brush. Brush until the solvent rinse shows no visible particles and then make a final rinse of the inside surface with solvent. Brush and rinse the inside parts of the Swagelok fitting with solvent in a similar way until no visible particles remain. Rinse the probe liner with solvent by tilting and rotating the probe while squirting solvent into its upper end so that all inside surfaces are wetted with acetone. Let the solvent drain from the lower end into the sample container. A glass or polyethylene funnel may be used to aid in transferring liquid washes to the container. Follow the solvent rinse with a probe brush. Hold the probe in an inclined position and squirt solvent into the upper end as the probe brush is being pushed with a twisting action through the probe. Hold a sample container underneath the lower end of the probe and catch any solvent and particulate matter that is brushed from the probe. Run the brush through the probe 3 or more times until no visible particulate matter is carried out with the solvent or until none remains in the probe liner on visual inspection. With stainless steel or other metal probes, run the brush through, in the manner set forth in this paragraph, not less than 6 times, since metal probes have small crevices in which particulate matter can be entrapped. Rinse the brush with solvent and quantitatively collect these washings in the sample container. After the brushing, make a final solvent rinse of the probe as described above. It is recommended that 2 people be used to clean the probe to minimize sample losses. Between sampling runs, keep brushes clean and protected from contamination. After ensuring that all joints have been wiped clean of silicone grease, clean the inside of both filter holders by rubbing the surfaces with a nylon bristle brush and rinsing with solvent. Rinse each surface 3 times, or more if needed, to remove visible particulate. Make a final rinse of the brush and filter holder. After all solvent washings and particulate matter have been collected in the sample container, tighten the lid on the sample container so that solvent will not leak out when it is shipped to the laboratory. Mark the height of the fluid level to determine whether or not leakage occurred during transport. Label the container to clearly identify its contents.

Container number 3. Note the color of the indicating silica gel to determine if it has been completely spent and make a notation of its condition. Transfer the silica gel from the third impinger to its original container and seal. A funnel may make it easier to pour the silica gel without spilling it. A rubber policeman may be used as an aid in removing the silica gel from the impinger. It is not necessary to remove the small amount of dust particles that adhere to the impinger wall and are difficult to remove. Since the gain in weight is to be used for moisture calculations, do not use any water or other liquids to transfer the silica gel. If a balance is available in the field, follow the procedure for container number 3 in paragraph (vi) of this subdivision. Impinger water. Treat the impingers as follows: Make a notation of any color or film in the liquid catch. Measure the liquid that is in the first 2 impingers to within ±1 milliliter by using a graduated cylinder or by weighing it to within ±1.0 gram by using a balance if none is available. Record the volume or weight of liquid present. This information is required to calculate the moisture content of the effluent gas.

Discard the liquid after measuring and recording the volume or weight, unless analysis of the impinger catch is required, see subdivision (b)(i)(G) of this rule. If a different type of condenser is used, measure the amount of moisture condensed either volumetrically or gravimetrically. When possible, containers must be shipped in a manner that keeps them upright at all times.

(vi) Analysis. Record the data required on a sheet such as the one shown in figure 106 under R 336.2021. Handle each sample container as follows: Container numbers 1, 1A.

Analyze and report each filter separately. Transfer the filter and any loose particulate from the sample container to a tared-glass weighing dish. Dry the filter in an oven at 105 degrees Centigrade, 220 degrees Fahrenheit, for a minimum of 2 hours, cool for at least 1 hour in a desiccator containing anhydrous calcium sulfate, and weigh and record its weight to the nearest 0.1 milligram. During the weighing, the filter must not be exposed to the laboratory atmosphere for a period of more than 2 minutes or a relative humidity above 50%.

Procedures, other than those specified, that account for relative humidity effects may be used, subject to the approval of the department. The method used for the drying and weighing of filters must be consistent before and after the test. Container number 2. Note the level of liquid in the container and confirm on the analysis sheet whether or not leakage occurred during transport. If a noticeable amount of leakage has occurred, either void the sample or use methods, subject to the approval of the department, to correct the final results. Measure the liquid in this container either volumetrically to ±1 milliliters or gravimetrically to ±1.0 grams. Transfer the contents to a tared 250 milliliter beaker and evaporate to dryness either at ambient temperature and pressure for acetone or at 95 degrees Centigrade, 203 degrees Fahrenheit, in an oven for distilled water. Then subject the sample to 250 degrees Centigrade, 482 degrees Fahrenheit, in an oven for 2 to 3 hours. Desiccate for 24 hours and weigh to a constant weight. Report the results to the nearest 0.1 milligram.

Transfer the contents to a tared 250 milliliter beaker and evaporate to dryness either at ambient temperature and pressure for acetone or at 95 degrees Centigrade, 203 degrees Fahrenheit, in an oven for distilled water. Then subject the sample to 250 degrees Centigrade, 482 degrees Fahrenheit, in an oven for 2 to 3 hours. Desiccate for 24 hours and weigh to a constant weight. Report the results to the nearest 0.1 milligram. If acetone is used, the contents of container number 2, as well as the acetone blank container, may be evaporated at temperatures higher than ambient. If evaporation is done at an elevated temperature, the temperature must be closely supervised, and the contents of the beaker must be swirled occasionally to maintain an even temperature. Use extreme care, as acetone is highly flammable and has a low flash point.

(e) Calibration. Maintain a laboratory log of all calibrations. The following provisions apply to calibrations:

(i) Probe nozzle. A probe nozzle must be calibrated before its initial use in the field.

(ii) Pitot tube. The type S pitot tube assembly must be calibrated according to the procedure outlined in method 2.

(iii) Metering system. Before its initial use in the field, the metering system must be calibrated according to the procedure outlined in APTD-0576, adopted by reference in R 336.1902. Instead of physically adjusting the dry-gas meter dial readings to correspond to the wet-test meter readings, calibration factors may be used to mathematically correct the gas meter dial readings to the proper values. Before calibrating the metering system, it is suggested that a leak check be conducted. For metering systems having diaphragm or rotary pumps, the normal leak check procedure will not detect leakages within the pump. For these cases, the following leak check procedure is suggested: Make a 10-minute calibration run at 0.00057 cubic meters per minute, 0.02 cubic feet per minute, at the end of the run, take the difference of the measured wet-test meter and dry-gas meter volumes, and divide the difference by 10 to get the leak rate. The leak rate must not exceed 0.00057 cubic meters per minute, 0.02 cubic feet per minute. After each field use, the calibration of the metering system must be checked by performing 3 calibration runs at a single, intermediate orifice setting, based on the previous field test, with the vacuum set at the maximum value reached during the test series. To adjust the vacuum, insert a valve between the wet-test meter and the inlet of the metering system. Calculate the average value of the calibration factor. If the calibration has changed by more than 5%, recalibrate the meter over the full range of orifice settings, as outlined in APTD-0576. Alternatively, a spirometer may be substituted for a wet-test meter in the above mentioned calibration procedures. Alternative procedures, such as using the orifice meter coefficients, may be used, subject to the approval of the department. If the dry-gas meter coefficient values obtained before and after a test series differ by more than 5%, the test series must be performed using whichever meter coefficient value, before or after, gives the lower value of total sample volume.

(v) Temperature gauges. Use the procedure in method 2 to calibrate instack temperature gauges. Dial thermometers, such as those used for the dry-gas meter and condenser outlet, must be calibrated against mercury-in-glass thermometers or other thermometers that are calibrated using a National Institute of Standards and Technology calibrated reference thermometer.

(vi) Leak check of metering system shown in figure 103 under R 336.2021. That portion of the sampling train from the pump to the orifice meter must be leak checked before initial use and after each shipment. Leakage after the pump will result in less volume being recorded than is actually sampled. The following procedure is suggested, also see figure 107 under R 336.2021: Close the main valve on the meter box. Insert a 1-hole rubber stopper with rubber tubing attached into the orifice exhaust pipe. Disconnect and vent the low side of the orifice manometer. Close off the low side orifice tap. Pressurize the system to 13 to 18 centimeters, 5 to 7 inches, water column by blowing into the rubber tubing.

Pinch off the tubing and observe the manometer for 1 minute. A loss of pressure on the manometer indicates a leak in the meter box. Leaks, if present, must be corrected.

(vii) Barometer. Calibrate against a mercury barometer.

(g) Bibliography:

(i) Federal Register, Volume 42, No. 160, Part 60, Chapter 1, Title 40, Appendix A Method 5, August 18, 1977.

(ii) Martin, Robert M. Construction Details of Isokinetic Source Sampling Equipment.

Environmental Protection Agency. Research Triangle Park, N.C.APTD-0581. April, 1971.

(iii) Rom, Jerome J. Maintenance, Calibration, and Operation of Isokinetic Source Sampling Equipment. Environmental Protection Agency.Research Triangle Park, N.C.

APTD-0576. March, 1972.

(iv) Shigehara, R. T. "Adjustments in the EPA Nomograph for Different Pitot Tube Coefficients and Dry Molecular Weights." Stack Sampling News 2:4-11.October, 1974.

(v) Guidelines for Source Testing of Particulate. Michigan Department of Natural Resources, Air Quality Division. June 1, 1977.

**History**
- *History: 1985 AACS; 2002 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 336.2021** Figures {#sec-r-336.2021 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.2021}

Rule 1021. Figures 102 to 104 and 106 to 109 read as follows:

**History**
- *History: 1985 AACS; 2002 AACS.*

##### **Mich. Admin. Code R 336.2030** Reference test method 9A {#sec-r-336.2030 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.2030}

Rule 1030. Reference test method 9A, opacity measurement for scarfer operations at steel manufacturing facilities, reads as follows: Visible emission evaluations for scarfer operations at steel manufacturing facilities shall be conducted as specified in reference test method 9, with the exception that the data reduction provisions of section 2.5 of method 9 shall be based on an average of 6 consecutive readings, recorded at 15-second intervals.

**History**
- *History: 1985 AACS.*

##### **Mich. Admin. Code R 336.2031** Reference test method 9B {#sec-r-336.2031 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.2031}

Rule 1031. Reference test method 9B, coke oven inspection procedures for visible emissions, reads as follows:

(a) Charging. For the purposes of determining compliance with the coke oven standards for charging, the following inspection procedure shall be utilized:

(i) Observations for the purpose of determining compliance with the coke oven standards for charging emissions shall be made from any point or points on the topside of a coke oven battery from which an observer can obtain an unobstructed view of the charging operation. The observer shall determine and record the total number of seconds that charging emissions are visible during the charging of coal to the coke oven. The observer shall time the visible charging emissions with a stopwatch while observing the charging period. The observer shall stop the watch when visible emissions stop or are obscured from view and shall restart the stopwatch only when visible emissions are observed again.

Simultaneous emissions from more than 1 emission point shall be timed and recorded as 1 emission and shall not be added individually to the total time.

(ii) Charging emissions shall not include any emissions observed after all the charging port covers have been firmly seated following the removal of the larry car, such as emissions occurring when a cover is temporarily removed to permit the sweep-in of spilled coal.

(iii) The total number of seconds of visible emissions observed, clock time for the initiation and completion of the charging period, battery identification, and oven number of each charge shall be recorded by the observer. If observations of emissions from a charge are interrupted due to events beyond the control of the observer, the data from that charge shall be invalidated unless a violation has already been noted. The reason for invalidating the data shall be noted on the observer's observation sheet. The observer shall then resume observation of the next consecutive charge or charges, and continue until a set of consecutive charges has been obtained for comparison with the emission standard. The charge immediately preceding the interrupted charge and the charge immediately following the interrupted charge shall constitute consecutive charges. Compliance shall be determined by summing the seconds of charging emissions observed during any set of 4 consecutive charges on the same battery. Observations can be terminated once a violation has been identified, even though 4 complete charges have not been observed. Any 1 charge may be included in only 1 set of consecutive charges.

(b) Doors. Compliance with the percent door leakage standard shall be determined as follows:

(i) The area to which the door leakage standard applies is the door and any location on the perimeter of a coke oven door, including the door jamb, or, with respect to chuck doors, the door and any location on the perimeter of a chuck door, but not when emissions are seen to come from the area between a buck stay and adjacent jamb.

(ii) Observations of door emissions shall be made from a minimum distance of 25 feet from each door. Each door shall be observed in sequence for only that period necessary to determine whether or not, at the time, there are visible emissions from any point on the door while the observer walks along the side of the battery. If the observer's view of a door is more than momentarily obstructed, as, for example, by door machinery, pushing machinery, coke guide, luter truck, or opaque steam plumes, the observer shall record the door obstructed and the nature of the obstruction and continue the observations with the next door in sequence which is not obstructed. The observer shall continue this procedure along the entire length of the battery for both sides and shall record the battery identification, battery side, and oven door identification number of each door exhibiting visible emissions. Before completing the traverse, or immediately thereafter, the observer shall attempt to again observe the obstructed doors. A row of 2 or more continuous batteries may be inspected by observing all of the doors on one side of the row of batteries and then all of the doors on the other side.

(iii) Compliance with this section shall be calculated by applying the following formula separately for coke side doors, pusher side doors, and chuck doors:

(number of doors with visible emissions on operating ovens in the battery) x 100 = [(number of doors on total ovens in the battery) - (number of doors obstructed from view on operating ovens)] actual percentage of doors with visible emissions (c) Ports. Compliance with the limits on visible emissions from charging ports shall be determined as follows:

(i) Observations of any visible emissions shall be made and recorded during the time an observer walks the topside of a battery from one end to the other. Each oven shall be observed in sequence.

(ii) The observer shall record the battery identification, the points of emissions from each oven, and the oven number.

(iii) The observer shall not record the following:

(A) Visible emissions from charging ports on ovens that are opened during a decarbonization period, if not more than 3 ovens are undergoing decarbonization.

(B) Visible emissions caused by maintenance work in progress at an oven.

(iv) Compliance shall be determined by applying the following formula:

(number of charging ports with visible emissions on operating ovens in the battery) x 100 = (number of charging ports on operating ovens in the battery) actual percentage of charging ports with visible emissions (d) Standpipe assembly emission points. Compliance with the limits on visible emissions from standpipe assembly emission points shall be determined as follows:

(i) Observations of any visible emissions from the standpipe assembly shall be made by traversing the topside of the battery. During the traverse, the observer shall walk as near to the center of the battery as safety considerations permit, but may walk as close as necessary to the offtake piping to determine whether an observed emission is emanating from the standpipe assembly. If the battery has 2 collector mains, the observer may take 2 traverses to observe emissions from standpipe assembly emission points.

(ii) Each oven shall be observed in sequence.

(iii) The observer shall record the battery identification; the number of the standpipe assembly emission points with visible emissions, which shall not exceed the number of emission points on the oven; and the oven number.

(iv) The observer shall not record the following:

(A) Visible emissions from standpipe assemblies on ovens that are opened during the decarbonization period, if not more than 3 ovens are undergoing decarbonization.

(B) Visible emissions caused by maintenance work in progress at an oven.

(v) Compliance shall be determined by applying the following formula:

(number of standpipe assembly emission points with = visible emissions on operating ovens) x 100 (number of standpipe assembly emission points on the operating ovens of the coke battery) actual percentage of emission points with visible emissions (e) Pushing. Compliance with the visible emission standards during pushing operations shall be determined in accordance with the following inspection technique:

(i) Visible emission observers shall be certified in accordance with the procedures specified in reference test method 9.

(ii) Visible emissions from any pushing emission control device outlet shall be determined in accordance with the provisions of reference test method 9, except as follows:

(A) The observer shall be positioned in accordance with the provisions of section 2.1 of method 9 to the extent practicable.

(B) The data reduction provisions of section 2.5 of method 9 shall be based on an average of 6 consecutive readings taken at 15-second intervals.

(C) The readings shall commence when the coke begins to fall into the coke receiving car and shall end with the sixth reading.

(iii) In viewing fugitive push and travel emissions, the observer shall stand on the coke side of the battery where a clear view of the push can be obtained. This generally should be a location on the ground in the coke side yard outside the hot car tracks. The observer shall not be restricted to the ground level, but may make the observation from some elevated level. The observer's line of sight should be approximately perpendicular to the line of travel of the quench car. If observations of emissions from a pushing operation are interrupted due to events beyond the control of the observer, the data from that pushing operation shall be invalidated unless a violation has already been noted.

(iv) During the pushing operation, the reader shall observe all the pushing emissions, including, but not limited to, fugitive emissions from the pushing emission control device and from open quench cars during travel. All fugitive push emissions shall be read above the battery top. Fugitive emissions during travel may be read against any contrasting background.

(v) Fugitive visible emissions during the pushing of coke into the coke receiving car shall be determined in accordance with the provisions of reference test method 9, except as follows:

(A) The data reduction provisions of section 2.5 of method 9 shall be based on an average of 6 consecutive readings taken at 15-second intervals.

(B) The readings shall commence when coke begins to fall into the coke receiving car and shall end with the sixth reading.

(vi) Fugitive visible emissions during transit of the coke receiving car to the quench tower shall be determined in accordance with the provisions of reference test method 9, except as follows:

(A) The data reduction provisions of section 2.5 of method 9 shall be based on an average of as many consecutive readings as are possible during transit of the coke receiving car.

(B) The readings used to determine compliance shall be those readings taken after the car leaves the hood and until the car enters the quench tower.

(f) Definition of "operating ovens." For the purposes of subrules (2)(c), (3)(d), and (4)(e) of this rule, an "operating oven" means an oven which is not out of service for a rebuild or for maintenance that is extensive enough to require the oven to be left out of the charging sequence.

**History**
- *History: 1985 AACS.*

##### **Mich. Admin. Code R 336.2032** Reference test method 9C {#sec-r-336.2032 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.2032}

Rule 1032. Reference test method 9C, opacity measurement for basic oxygen furnace operations and hot metal transfer and desulfurization operations at steel manufacturing facilities, reads as follows:

Fugitive and nonfugitive visible emission evaluation for basic oxygen furnace operations, hot metal desulfurization, and hot metal transfer operations shall be conducted as specified in reference test method 9, with the exception that the data reduction provisions of section 2.5 of method 9 shall be based on an average of 12 consecutive readings recorded at 15second intervals.

**History**
- *History: 1985 AACS.*

##### **Mich. Admin. Code R 336.2033** Test methods for coke oven quench towers {#sec-r-336.2033 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.2033}

Rule 1033. (1) Test methods as applicable to coke oven quench towers. The publication entitled "Standard Methods for the Examination of Water and Wastewater," 23rd edition, must apply to the measurement of total dissolved solids in coke oven quench tower water.

(2) In addition to the provisions in “Standard Methods for the Examination of Water and Wastewater” under subrule (1), all of the following provisions must apply to the measurement of total dissolved solids in coke oven quench tower water:

(a) The quench tower makeup water must be sampled at locations downstream of any makeup water additions.

(b) The quench tower water must be sampled between the quench tower sump and the quench tower spray nozzles.

(d) Compliance with the applicable quench tower limits must be determined on a weekly basis.

(e) For purposes of determining compliance, either individual analysis of the collected samples may be averaged or a weekly composite analysis may be performed.

**History**
- *History: 1985 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 336.2040** Method for determination of volatile organic compound emissions from coating lines and graphic arts lines {#sec-r-336.2040 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.2040}

Rule 1040. (1) The methods described in this rule must be used for the determination of volatile organic compound emissions from coating lines and graphic arts lines for the purpose of determining compliance, during the specified averaging period, with an emission limit. For emission limits expressed as pounds of volatile organic compounds per gallon of coating, minus water, as applied. Concentrations of volatile organic compounds in coatings and inks must be determined by excluding water and compounds that are used as organic solvents and are excluded from the definition of volatile organic compound from both the volume of volatiles in the coatings and inks and the volume of the coatings and inks as applied. The emission limits can be contained in any of the following:

(a) These rules.

(b) A permit to install.

(d) A voluntary agreement.

(e) A performance contract.

(f) A stipulation.

(g) An order of the department.

(2) Unless otherwise specified in these rules or in a legally enforceable permit, order, or contract as described in subrule (1) of this rule, for a particular coating line or graphic arts line, the applicable method for the determination of volatile organic emissions from coating lines and graphic arts lines is based on the form of the specified emission limit as follows:

(a) For coating lines that do not have an add-on emissions control device for which emission limits are expressed in pounds of volatile organic compounds per gallon of coating, minus water, as applied, use the method described in subrule (12)(a) of this rule.

(b) For coating lines that have 1 or more add-on emissions control devices for which emission limits are expressed in pounds of volatile organic compounds per gallon of coating, minus water, as applied, use the method described in subrule (12)(b) of this rule.

(c) For coating lines that do not have an add-on emissions control device for which emission limits are expressed in pounds of volatile organic compounds per gallon of coating solids, as applied, use the method described in subrule (12)(c) of this rule.

(d) For coating lines with 1 or more add-on emissions control devices for which emission limits are expressed in pounds of volatile organic compounds per gallon of coating solids, as applied, use the method described in subrule (12)(d) of this rule.

(e) For coating lines that do not have an add-on emissions control device for which emission limits are expressed in pounds of volatile organic compounds per gallon of applied coating solids, use the method described in subrule (12)(e) of this rule.

(f) For coating lines that have 1 or more add-on emissions control devices for which emission limits are expressed in pounds of volatile organic compounds per gallon of applied coating solids, use the method described in subrule (12)(f) of this rule.

(g) For graphic arts lines that do not have an add-on emissions control device for which emission limits are expressed in pounds of volatile organic compounds per pound of solids, as applied, use the method described in subrule (12)(g) of this rule.

(h) For graphic arts lines that have 1 or more add-on emissions control devices for which emission limits are expressed in pounds of volatile organic compounds per pound of solids, as applied, use the method described in subrule (12)(h) of this rule.

(i) For flatwood paneling coating lines that do not have an add-on emissions control device for which emission limits are expressed in pounds of volatile organic compounds per 1,000 square feet of coated finished product, use the method described in subrule (12)(i) of this rule.

(j) For flatwood paneling coating lines that have 1 or more add-on emissions control devices for which emission limits are expressed in pounds of volatile organic compounds per 1,000 square feet of coated finished product, use the method described in subrule (12)(j) of this rule.

(3) The following nomenclature applies to the equations described in this rule:

(a) a = An individual duct through which gases containing volatile organic compounds are ducted to an add-on emissions control device.

(b) B = Modified emission limit, converted from pounds of volatile organic compounds per gallon of coating, minus water, as applied, to pounds of volatile organic compounds per gallon of coating solids as applied.

(c) C im = Concentration of volatile organic compounds, as measured by the applicable method, in the effluent gas flowing through stack "m" leaving the add-on emissions control device, parts per million by volume.

(d) C za = Concentration of volatile organic compounds, as measured by the applicable method, in the influent gas flowing through duct "a" entering the add-on emissions control device, parts per million by volume.

(e) D ci = Density of each ink or coating "i" as received from the ink or coating supplier, pounds per gallon of ink or coating.

(f) D sj = Density of each volatile organic compound dilution solvent "j" added to the coating, pounds per gallon of solvent, minus water.

(g) DE = Volatile organic compound destruction efficiency of the add-on emissions control device.

(h) E = Emission limit expressed in pounds of volatile organic compounds per gallon of coating, minus water, as applied.

(i) G T = Total volume of all coatings "z" used during the averaging period, gallons of coating, minus water, as applied.

(j) i = An individual coating used during the averaging period that belongs to the coating category for which a compliance determination is being made pursuant to the provisions of this rule. For a graphic arts line, "i" is an individual ink or coating used during the averaging period.

(k) j = An individual dilution solvent used during the averaging period that is used in conjunction with a coating "i".

(l) k = An individual method of application of coating solids.

(m) L ci = Volume of each coating "i" used during the averaging period, gallons of coating, minus water, as applied.

(n) L di = Volume of each ink or coating "i" as received from the ink or coating supplier and used during the averaging period, gallons of ink or coating.

(o) L ik = Volume of each coating "i" used by each application method "k" during the averaging period, gallons of coating, minus water, as applied.

(p) L sj = Volume of each volatile organic compound dilution solvent "j" added to the coating during the averaging period, gallons of solvent, minus water.

(q) M = Total weight of volatile organic compounds in all coatings "z" used during the averaging period for a coating line or a graphic arts line, pounds.

(r) m = An individual stack through which gases containing volatile organic compounds are ducted to the ambient air from an add-on emissions control device.

(s) M r = Total weight of volatile organic compounds recovered from a recovery-type addon emissions control device during the averaging period, pounds.

(t) N = Fraction, by weight, of the total volatile organic compounds emitted from an operation which is captured and enters the add-on emissions control device, pound per pound.

(u) NT r = Fraction, by weight, of the total volatile organic compounds in all coatings "z" used during the averaging period for a coating line or a graphic arts line which is controlled by an add-on emissions control device "r," pound per pound.

(v) P = For an individual coating "i," pounds of volatile organic compounds per gallon of coating, minus water, as applied.

(w) Ps = For an individual coating "i," pounds of volatile organic compounds, minus water, as received from the ink or coating supplier.

(x) P a = As used in subrule (12)(a) of this rule for coating lines that do not have an addon emissions control device, volume-weighted average pounds of volatile organic compounds per gallon of coating, minus water, as applied, for a single coating category during the averaging period.

(y) P b = As used in subrule (12)(b) of this rule for coating lines that have 1 or more addon emissions control devices, volume-weighted average pounds of volatile organic compounds per gallon of coating, minus water, as applied, for a single coating category during the averaging period.

(z) P c = As used in subrule (12)(c) of this rule for coating lines that do not have an addon emissions control device, volume-weighted average pounds of volatile organic compounds per gallon of coating solids, as applied, for a single coating category during the averaging period.

(aa) P d = As used in subrule (12)(d) of this rule for coating lines that have 1 or more addon emissions control devices, volume-weighted average pounds of volatile organic compounds per gallon of coating solids, as applied, for a single coating category during the averaging period.

(bb) P e = As used in subrule (12)(e) of this rule for coating lines that do not have an addon emissions control device, volume- weighted average pounds of volatile organic compounds per gallon of applied coating solids for a single coating category during the averaging period.

(cc) P f = As used in subrule (12)(f) of this rule for coating lines that have 1 or more addon emissions control devices, volume-weighted average pounds of volatile organic compounds per gallon of applied coating solids for a single coating category during the averaging period.

(dd) P g = As used in subrule (12)(g) of this rule for graphic arts lines that do not have an add-on emissions control device, average pounds of volatile organic compounds per pound of solids, as applied, for all inks and coatings used during the averaging period.

(ee) P h = As used in subrule (12)(h) of this rule for graphic arts lines that have 1 or more add-on emissions control devices, average pounds of volatile organic compounds per pound of solids, as applied, for all inks and coatings used during the averaging period.

(ff) P i = As used in subrule (12)(i) of this rule for flatwood paneling coating lines that do not have an add-on emissions control devices, volume-weighted average pounds of volatile organic compounds per 1,000 square feet of coated finished product for a single-coating category during the averaging period.

(gg) P j = As used in subrule (12)(j) of this rule for flatwood paneling coating lines that have 1 or more add-on emissions control devices, volume-weighted average pounds of volatile organic compounds per 1,000 square feet of coated finished product for a singlecoating category during the averaging period.

(hh) Q im = Volumetric flow rate of the effluent gas flowing through stack "m" leaving the add-on emissions control device, dry standard cubic feet per hour.

(ii) Q za = Volumetric flow rate of the influent gas flowing through duct "a" entering the add-on emissions control device, dry standard cubic feet per hour.

(jj) Q 3n = Volumetric flow rate of the effluent gas leaving an uncontrolled stack "n," dry standard cubic feet per hour.

(kk) r = An individual add-on emissions control device.

(ll) R r = Reduction efficiency of a single add-on emissions control device.

(mm) R t = Overall reduction efficiency of all add-on emissions control devices used for a coating line or a graphic arts line.

(nn) s =The total number of different add-on control devices "r" on a coating line or graphic arts line.

(oo) sq = The total surface area of coated finished product for a single-coating category for a flatwood paneling coating line during the averaging period, square feet.

(pp) T = Overall transfer efficiency for all coatings "i" for a single-coating category on a coating line for the averaging period.

(qq) t = The total number of stacks "m" leaving an add-on emissions control device "r".

(rr) T i = Transfer efficiency for application of coating "i," %.

(ss) u = Total number of ducts "a" entering an add-on emissions control device "r".

(tt) U ci = For representative colors and parts that are tested for transfer efficiency, "U ci " is the volume of each representative color of coating that is applied to each representative part on a coating line during the averaging period.

(uu) V = For a coating line, the volume of solids in all coatings used "zc" during the averaging period, gallons.

(vv) V ci = Proportion of solids by volume in each coating "i," gallon of solids per gallon of coating, minus water, as applied.

(ww) W = For a graphic arts line, the weight of solids in all inks and coatings used "zg" during the averaging period, pounds.

(xx) W ci = Proportion of volatiles, volatile organic compounds, water, and exempt compounds, by weight in each ink or coating "i" as received from the ink or coating supplier, pound of volatiles per pound of coating.

(yy) x = The total number of different application methods "k."

(zz) y = The total number of different dilution solvents "j."

(aaa) z = The total number of different coatings "i" used on a coating line or different number of inks and coatings "i" used on a graphic arts line during the averaging period. "z" is used generically in the equations specified in this rule for "zc" when the calculation is made for a coating line and for "zg" when the calculation is made for a graphic arts line.

(bbb) zc = The total number of different coatings "i" in the same coating category used during the averaging period.

(ccc) zg = The total number of different inks and coatings "i" used during the averaging period.

(4) The following provisions apply to the calculations for a coating line or graphic arts line made pursuant to the methods described in this rule:

(a) When carrying out calculations, carry not less than 5 significant digits in intermediate calculations. Round off figures after the final calculation, rounding off calculated emission numbers to not less than 2, but not more than 3, significant figures.

(b) The calculations for a coating line must include all of the coatings which are in the same coating category and which are used during the averaging period as specified in the applicable emission limit.

(c) Except as specified in R 336.1624(5)(d), the calculations for a graphic arts line must include all of the inks and coatings that are used during the averaging period as specified in the applicable emission limit.

(5) The volatile organic compound content of an ink or coating, minus water, as applied, "P," must be determined using any of the following methods:

(a) The volatile organic compound content of an ink or coating, minus water, as applied, "P," must be determined according to all of the following provisions:

(i) The volatile organic compound content, minus water, as applied, must be determined as follows:

(A) For a coating used on a coating line or a coating used on a graphic arts line, the volatile organic compound content, minus water, as applied, must be determined using federal reference method 24 or federal reference method 24A, as applicable to the coating, as described in R 336.2004, or an alternate method approved by the department.

(B) For an ink that is used on a graphic arts line, the volatile organic compound content, minus water, as applied, must be determined using federal reference method 24 or federal reference method 24A, as applicable, as described in R 336.2004.

(ii) The ink or coating sample must be taken at a point where the sample will be representative of the ink or coating material as applied.

(iii) The sample must be stored in an enclosed container that is not less than 1 pint in volume.

(iv) By using a procedure that is acceptable to the department, the amount of any compound in the sample that is excluded from the definition of volatile organic compound may be quantified and subtracted from the total amount of volatiles in the sample as determined by federal reference method 24, federal reference method 24A, or an alternate method that is approved by the department. In this case, the volume of any excluded compound in the sample must also be subtracted from the volume of the ink or coating sample.

(b) Upon written approval by the department, the volatile organic compound content of an ink or coating may be determined from formulation data, which includes batch composition information from the ink or coating manufacturer and the amount of volatile organic compound dilution solvent added to the ink or coating before application. In this case, "P" must be calculated using the following equation: di sj sj di sj Ps + L L D P = + LL (c) If a coating or ink is tested by a federal reference method 24 or 24A analysis or by an alternate method approved by the department and the results are different than calculated through formulation data review, then the test method results must be used for determining compliance with the emission limit.

(6) The weight of volatile organic compounds that are used during the averaging period must be calculated using the following equation, where "z" is the total number of coatings used: z ci i=1 M = P L  (7) The total volume of coating solids that are used during the averaging period must be calculated using the following equation, where "z" is the total number of coatings used: z ci ci i=1 V = V L  (8) The total weight of ink and coating solids that are used during the averaging period must be calculated using the following equation, where "zg" is the total number of inks and coatings used during the averaging period: zg dici ci i=1 W = (1 -)

W LD 

(9) The transfer efficiency must be determined by the following method, if approved by the department, or by an alternate method approved by the department:

(a) A person that is responsible for the transfer efficiency test shall identify all of the following in a coating operation transfer efficiency test proposal and submit the proposal to the department for approval not less than 30 days before the transfer efficiency test:

(i) All processing sequences. A processing sequence is the combination and order of paint booths, flash-off areas, ovens, and application equipment necessary to apply a coating.

(ii) The coating categories used on each processing sequence.

(iii) The representative coating color in each coating category. A representative color must be determined based on the volume of coating used in relation to the total volume of coating category coatings used and any other parameters acceptable to the department. If it is believed by the department that the transfer efficiency of the various coatings within the same coating category would be different as a result of different coating technologies, such as for metallic topcoat coatings and nonmetallic topcoat coatings, 2 or more representative coating colors may be required by the department to be tested.

(iv) At a minimum, 2 different representative parts coated in each processing sequence.

A representative part must be determined based on the numbers of the part coated in relation to the total number of parts coated, the configuration of the part, and any other parameters acceptable to the department.

(b) For the initial transfer efficiency tests, a person shall test, at a minimum, the representative color or colors in each coating category used on each representative part in each processing sequence. To more closely represent actual process conditions, coatings applied wet-on-wet, such as basecoat and clearcoat, may be tested together. Also, identical colors or clear coats on identical parts in identical processing sequences need not be tested.

(c) A person that is responsible for the transfer efficiency test shall review the operating conditions annually after the initial transfer efficiency tests and demonstrate, to the satisfaction of the department, that significant changes have not occurred in coating technology, the parts coated, or the processing sequence. The most recent test results remain valid for 5 years if the person demonstrates that significant change has not occurred.

Significant product, processing, material, or application equipment changes necessitate retesting of the transfer efficiency of the operations that have been modified. The retesting must be done as soon as practicable, but not more than 180 days after the start-up and stabilization of the new product, process, material, or application equipment. New transfer efficiency values determined by the retest must be used retroactively to the start-up of the new product, process, material, or application equipment.

(d) Retests on a coating line may be limited to a representative coating on not less than 2 representative parts in a representative processing sequence, as approved by the department. A representative processing sequence must be determined based on coating usage, application equipment, and any other parameters acceptable to the department.

(e) The area in the facility to be used for part weighing must be selected so as to provide for an area that has relatively constant temperature and minimal air movement.

(f) Except as allowed pursuant to the provisions of subdivision (b) of this subrule, the coating being tested must be the only coating applied during the transfer efficiency test. If the part is weighed, weight loss from all other materials must be accounted for in the initial test weight.

(g) A minimum of 10 parts per transfer efficiency test must be weighed to determine the weight of the solids applied. The average weight gain for the 10 parts tested must be used as the part weight gain for that transfer efficiency test. All transfer efficiency tests for a processing sequence must be completed within a 36-hour period.

(h) Each part to be painted must be identified and preweighed to the nearest 0.05 pound.

(i) The selected paint material at each paint system or paint pot dedicated for the transfer efficiency test must be isolated.

(j) The amount of material used during the transfer efficiency test must be determined by either of the following measurement procedures:

(i) The weight measurement procedure as follows:

(A) Weigh the tank of reduced paint, to the nearest 0.01 pound, after all supply and return lines have been filled.

(B) Connect the paint tank to the system and paint the test parts.

(D) Determine the weight of paint material used by subtracting the final weight of the tank from the initial weight of the tank.

(E) Obtain paint samples for weight solids determination.

(F) Do both the initial and final weighings of the paint tank with the tank pressurized or with the tank not pressurized.

(ii) A volume measurement procedure that is acceptable to the department.

(k) Each painted test part must be reweighed to the nearest 0.01 pound after paint has cured and cooled.

(l) The weight of the solids in the paint samples must be determined using ASTM-D2369, adopted by reference in R 336.1902.

(m) The coating density in pounds per gallon must be determined using ASTM-D1475, adopted by reference in R 336.1902.

(n) The following equation must be used to calculate the transfer efficiency for the application of coating "i":

T i = 푇표푡푎푙 푤푒푖푔ℎ푡 푔푎푖푛 표푓 푝푎푟푡푠 푡푒푠푡푒푑 ( 푡표푡푎푙 푤푒푖푔ℎ푡 표푓 푐표푎푡푖푛푔 푢푠푒푑 푝푒푟 푡푒푠푡 ) 푥 (푤푒푖푔ℎ푡 푓푟푎푐푡푖표푛 푠표푙푖푑푠)

(o) Where more than 1 part type or coating are tested on a coating line for a single coating category, the overall transfer efficiency "T" for the coating category must be determined by averaging the individual transfer efficiency values based on a volume-weighted average of coatings applied during the averaging period for each different color and part type tested.

This overall transfer efficiency must be calculated by using the following equation, where "aa" is the number of coatings tested and "bb" is the number of part types tested: aa bb ci ci i=1 c=1 aa bb ci i-1 c=1 U T T = U   (p) Baseline operating parameters of the paint application equipment and the paint booths must be established for each transfer efficiency test and must serve as a basis for determining compliance. These parameters must be included in a transfer efficiency test report and must include all of the following information:

(i) Type of spray equipment.

(ii) Electrostatic voltage.

(iii) Size and geometry of the part coated.

(iv) Gun-to-target distance, nonmanual.

(v) Number of parts per conveyor hook.

(vi) Air velocity in spray booth, linear feet per minute.

(vii) Fluid flow settings, by color.

(viii) Bell revolutions per minute for minibells.

(ix) Atomizing air pressure.

(10) The capture efficiency "N" must be determined as follows:

(a) The capture efficiency "N" must be determined by using the methods specified in 40 CFR 52.741(a)(4)(iii) entitled "Capture system efficiency test protocols" and in appendix B entitled "VOM Measurement Techniques for Capture Efficiency," with the following modifications:

(i) The general modifications are as follows:

(A) Replace the requirements under 40 CFR 52.741(a)(4)(iii)(A) (2) with the following requirements: If a source owner or operator uses a control device designed to collect and recover volatile organic compounds, for example, carbon adsorber, an explicit measurement of capture efficiency is not necessary if the conditions described in 40 CFR 52.741(a)(4)(iii) are met. The overall emission reduction efficiency of the control system must be determined each day by directly comparing the input liquid volatile organic compounds to the recovered liquidvolatile organic compounds. The procedure for use in this situation is given in 40 CFR 60.433, with the modification to 40 CFR 52.741(a)(4)(iii)(A)(2)(i) under paragraph (B) of this rule.

(B) Replace the requirements under 40 CFR 52.741(a)(4)(iii)(A)(2)(i) with the following requirements: The source owner or operator shall obtain data each day for the solvent usage and solvent recovery and determine the solvent recovery efficiency of the system each day using a 7-day rolling period. The recovery efficiency for each day is computed as the ratio of the total recovered solvent for that day and the prior 6 consecutive operating days to the total solvent usage for the same 7-day period weighted average as given in 40 CFR §60.433. This ratio must be expressed as a percentage. The ratio must be computed within 72 hours after each 24-hour period. With the approval of the administrator, a source that believes that the 7-day rolling period is not appropriate may use an alternative multi-day rolling period of not more than 30 days.

(C) Requirements in 40 CFR 52.741 appendix Bfor procedures G.1, G.2, F.2, F.1, and L, sections titled “1.4 Sampling requirements” must be replaced with the following: A capture efficiency test must consist of not less than 3 sampling runs. Each run must cover at least 1 complete production cycle, but must be not less than 3 hours long. The sampling time for each run need not be more than 8 hours, even if the production cycle has not been completed. Alternative sampling times may be used if approved by the administrator.

(ii) Owners or operators of coating lines that have multiple stacks may choose to apply 1 of the 4 protocols under 40 CFR 52.741(a)(4)(iii)(B) or the protocol described under subparagraph (A) of this paragraph, in addition to the modifications listed in paragraph (i) of this subdivision except for the modification to 1.4 listed in paragraph (i)(C)(1) of this subdivision, which is replaced with the following language as described under subparagraph (B) of this paragraph:

(A) Liquid/gas method measuring the captured emission, G w , and liquid input, L. This procedure may only be used when the capture efficiency for a coating line is expected to be less than 50%. The capture efficiency equation to be used for this protocol is:

CE = G w /L Where:

CE = Coating line capture efficiency, decimal fraction.

G w = Mass of vom captured and delivered to a control device.

L = Mass of liquid vom input to coating line.

Procedure G.1 contained in appendix B of this section is used to obtain G w . Procedure L contained in appendix B or the alternate method in R 336.2007 must be used to determine L.

(B) Requirements in 40 CFR 52.741 appendix B for procedures G.1, G.2, F.2, F.1, and L, under the procedure section titled “1.4 Sampling requirements” must be replaced with the following requirements: A capture efficiency test must consist of not less than 3 sampling runs. Each run must cover at least 1 complete production or processing cycle or must be at least 1 hour in duration. For automotive surface coating operations, the sampling time per test must be based on coating a minimum of 3 representative vehicles.

(b) The test protocols and 40 CFR 52.741(a)(4)(iii) appendix B are adopted by reference under R 336.1902.

(c) Where multiple capture systems are used on a coating line or a graphic arts line, the appropriate capture efficiency for each application method must be determined and the overall capture efficiency for the coating line must be based on a mass-weighted average of all volatile organic compounds used on the coating line or the graphic arts line during the averaging period.

(11) The overall reduction efficiency of add-on emissions control devices must be determined using 1 or more of the following methods, as applicable:

(a) When a destructive-type add-on emissions control device is used, the reduction efficiency for the add-on emissions control device must be determined by using the following method:

(i) The destruction efficiency of the add-on emissions control device is calculated by using the following equation, where "u" is the total number of ducts entering the control device and "t" is the total number of stacks leaving the control device: ut za im za im a=1 m=1 u za za a=1 - QQ CC DE = Q C   (ii) Using the destruction efficiency as determined in paragraph (i) of this subdivision, the reduction efficiency of the add-on emissions control device is calculated by using the following equation: r = (DE) N R (iii) If there is only 1 add-on emissions control device used on a coating line or graphic arts line, use the value calculated for "R r " pursuant to paragraph (ii) of this subdivision as the value for R T in subsequent calculations.

(iv) The concentration of volatile organic compound emissions entering and exiting the add-on emissions control device must be determined by using federal reference methods 25 or 25A, federal reference method 18 if approved by the department, the alternate version of federal reference method 25 incorporating the Byron analysis, as described in R 336.2004, or an alternate method that is acceptable to the department. federal reference methods as described in R 336.2004, must be used as applicable for the determination of the volumetric flow rate in the effluent gas.

(b) When an add-on emissions control device is used that recovers volatile organic compounds, the reduction efficiency of the device must be determined by using 1 of the following methods:

(i) A mass balance of the products used and the products recovered, using the following equation: r r M = R M (ii) An alternate method that is acceptable to the department.

(iii) If there is only 1 add-on emissions control device used on a coating line or a graphic arts line, use the value calculated for "R r " pursuant to paragraph (i) or (ii) of this subdivision as the value for R T in subsequent calculations.

(c) If there is more than 1 add-on emissions control device used on a coating line or a graphic arts line, calculate the overall reduction efficiency by using the following equation: s Tr r r=1 = ( )

NT RR 

(12) Compliance with the specified emission limit must be determined using 1 of the following methods, as applicable, based on the form of the emission limit:

(i) If only 1 coating is used on the coating line during the averaging time, use the following method:

(A) Determine the volatile organic compound content of the coating, minus water, as applied, "P," by using the method described in subrule (5) of this rule.

(B) If "P" is less than or equal to the specified emission limit, the coating line meets the emission limit.

(ii) If more than 1 coating of the same coating category is used on the coating line during the averaging period, use the following method:

(A) Determine the volatile organic compound content of each coating, minus water, as applied, that belongs to the same coating category "P" used during the averaging period by using the method described in subrule (5) of this rule.

(B) Determine the weight of volatile organic compounds used during the averaging period "M" by using the method described in subrule (6) of this rule.

(C) Determine the total volume of coatings used on the coating line during the averaging period "G T " using the following equation: z ci T i=1 = G L  (D) Determine the volume-weighted average weight of volatile organic compounds per gallon, minus water, as applied, by using the following equation: a T M = P G (E) If "P a " is less than or equal to the specified emission limit, the coating line meets the emission limit.

(i) Convert the specified emission limit to a modified emission limit "B" expressed in pounds of volatile organic compounds per gallon of coating solids, as applied, by using the following equation:

E B =

E 1 - 7.36

(ii) Determine the volatile organic compound content of each coating, minus water, as applied, that belongs to the same coating category "P" used during the averaging period by using the method described in subrule (5) of this rule.

(iii) Determine the weight of volatile organic compounds used during the averaging period "M" by using the method described in subrule (6) of this rule.

(iv) Determine the total volume of coating solids used during the averaging period "V" by using the method described in subrule (7) of this rule.

(v) Determine the overall capture efficiency "N" by using the method described in subrule (10) of this rule.

(vi) Determine the overall reduction efficiency "R T " by using the method described in subrule (11) of this rule.

(vii) Determine the volume-weighted average weight of volatile organic compounds per gallon of coating solids, as applied, "P b ," by using the following equation: bT M = (1 -)

PR V

(viii) If "P b " is less than or equal to the modified limit "B," the coating line meets the emission limit.

(i) Determine the volatile organic compound content of each coating, minus water, as applied, that belongs to the same coating category "P" used during the averaging period by using the method described in subrule (5) of this rule.

(ii) Determine the weight of volatile organic compounds used during the averaging period "M" by using the method described in subrule (6) of this rule.

(iii) Determine the total volume of coating solids used during the averaging period "V" by using the method described in subrule (7) of this rule.

(iv) Determine the volume-weighted average weight of volatile organic compounds per gallon of coating solids, as applied, "P c ," by using the following equation: c M = P V (v) If "P c " is less than or equal to the specified limit, the coating line meets the emission limit.

(d) For coating lines that have 1 or more add-on emissions control devices for which emission limits are expressed in pounds of volatile organic compounds per gallon of coating solids, as applied, use the following method:

(ii) Determine the weight of volatile organic compounds used during the averaging period "M" by using the method described in subrule (6) of this rule.

(iii) Determine the total volume of coating solids used during the averaging period "V" by using the method described in subrule (7) of this rule.

(iv) Determine the overall capture efficiency "N" by using the method described in subrule (10) of this rule.

(v) Determine the overall reduction efficiency "R T " by using the method described in subrule (11) of this rule.

(vi) Determine the volume-weighted average weight of volatile organic compounds per gallon of coating solids, as applied, "P d ," by using the following equation: dT M = (1 -)

PR V

(vii) If "P d " is less than or equal to the specified limit, the coating line meets the emission limit.

(ii) Determine the weight of volatile organic compounds used during the averaging period "M" by using the method described in subrule (6) of this rule.

(iii) Determine the total volume of coating solids used during the averaging period "V" by using the method described in subrule (7) of this rule.

(iv) Determine the overall transfer efficiency "T" by using the method described in subrule (9) of this rule.

(v) Determine the volume-weighted average weight of volatile organic compounds per gallon of applied coating solids "P e " by using the following equation: e M = P (T)

V (vi) If "P e " is less than or equal to the specified limit, the coating line meets the emission limit.

(ii) Determine the weight of volatile organic compounds used during the averaging period "M" by using the method described in subrule (6) of this rule.

(iii) Determine the total volume of coating solids used during the averaging period "V" by using the method described in subrule (7) of this rule.

(iv) Determine the overall transfer efficiency "T" by using the method described in subrule (9) of this rule.

(v) Determine the overall capture efficiency "N" by using the method described in subrule (10) of this rule.

(vi) Determine the overall reduction efficiency "R T " by using the method described in subrule (11) of this rule.

(vii) Determine the volume-weighted average weight of volatile organic compounds per gallon of applied coating solids "P f " by using the following equation: fT M = (1 - )

PR (T)

V (viii) If "P f " is less than or equal to the specified limit, the coating line meets the emission limit.

(i) Determine the volatile organic compound content of each ink and coating, minus water, as applied, "P," used during the averaging period by using the method described in subrule (5) of this rule.

(ii) Determine the weight of volatile organic compounds used during the averaging period "M" by using the method described in subrule (6) of this rule.

(iii) Determine the weight of ink and coating solids used during the averaging period "W" by using the method described in subrule (8) of this rule.

(iv) Determine the average pounds of volatile organic compound per pound of solids, as applied, "P g ," by using the following equation: g M = P W (v) If "P g " is less than or equal to the specified limit, the graphic arts line meets the emission limit.

(i) Determine the volatile organic compound content of each ink and coating, minus water, as applied, "P," used during the averaging period by using the method described in subrule (5) of this rule.

(ii) Determine the weight of volatile organic compounds used during the averaging period "M" by using the method described in subrule (6) of this rule.

(iii) Determine the weight of ink and coating solids used during the averaging period "W" by using the method described in subrule (8) of this rule.

(iv) Determine the overall capture efficiency "N" by using the method described in subrule (10) of this rule.

(v) Determine the overall reduction efficiency "R t " by using the method described in subrule (11) of this rule.

(vi) Determine the average pounds of volatile organic compound per pound of solids, as applied, "P h ," by using the following equation: hT M = (1 - )

PR W

(vii) If "P h " is less than or equal to the specified limit, the graphic arts line meets the emission limit.

(i) For flatwood paneling coating lines that do not have an add-on emissions control device for which emission limits are expressed in pounds of volatile organic compound per 1,000 square feet of coated finished product, use the following method:

(i) Determine the volatile organic compound content of each coating, minus water, as applied that belongs to the same coating category "P" used during the averaging period by using the method described in subrule (5) of this rule.

(ii) Determine the weight of volatile organic compounds used during the averaging period "M" by using the method described in subrule (6) of this rule.

(iii) Determine the total surface area of coated finished product for the coating category during the averaging period "sq".

(iv) Determine the volume-weighted average pounds of volatile organic compounds per 1,000 square feet of coated finished product "P i " by using the following equation: i M sq = P 1,000 Where the units for the term 1,000 are square feet.

(v) If "P i " is less than or equal to the specified limit, the coating line meets the emission limit.

(ii) Determine the weight of volatile organic compounds used during the specified averaging period "M" by using the method described in subrule (6) of this rule.

(iii) Determine the total surface area of coated finished product for the coating category during the averaging period "sq".

(iv) Determine the overall capture efficiency "N" by using the method described in subrule (10) of this rule.

(v) Determine the overall reduction efficiency "R T " by using the method described in subrule (11) of this rule.

(vi) Determine the volume-weighted average pounds of volatile organic compounds per 1,000 square feet of coated finished product "P j " by using the following equation: jT M sq = (1 - )

PR 1,000

Where the units for the term 1,000 are square feet.

(vii) If "P j " is less than or equal to the specified limit, the coating line meets the emission limit.

**History**
- *History: 1993 AACS; 2002 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 336.2041** Recordkeeping requirements for coating lines and graphic arts lines {#sec-r-336.2041 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.2041}

Rule 1041. (1) Unless otherwise specified in any of the following, the recordkeeping requirements specified in this rule must apply to coating lines and graphic arts lines subject to emission limits contained in any of the following:

(a) These rules.

(b) A permit to install.

(d) A voluntary agreement.

(e) A performance contract.

(f) A stipulation.

(g) An order of the department.

(h) A renewable operating permit.

(2) If a coating line does not have an add-on emissions control device for which emission limits are expressed in pounds of volatile organic compounds per gallon of coating, minus water, as applied, and if only 1 coating is used on the coating line during the averaging time, then a person shall keep records of the name, identification number, volume "Lci," and volatile organic compound content of the coating, minus water, as applied, "P," used during the averaging period, as described in R 336.2040(5). If this single coating used during an averaging period is in compliance with all of the emission limits specified in subrule (1) of this rule, then the volume "Lci" for the averaging period may be calculated, based on coating usage records during a time period of not more than 1 month, with the coating usage prorated to the specified averaging period using a method approved by the department for that coating line.

(3) If a coating line does not have an add-on emissions control device for which emission limits are expressed in pounds of volatile organic compounds per gallon of coating, minus water, as applied, and if more than 1 coating of the same coating category is used on the coating line during the averaging period, then a person shall keep all of the following records:

(a) The name, identification number, volume "Lci," and volatile organic compound content of each coating, minus water, as applied, that belongs to the same coating category "P" used during the averaging period, as described in R 336.2040(5). If all coatings used on the coating line during an averaging period are in compliance with all of the emission limits specified in subrule (1) of this rule, then the volume "Lci" for the averaging period may be calculated, based upon coating usage records during a time period of not more than 1 month, with the coating usage prorated to the specified averaging period using a method approved by the department for that coating line.

(b) The weight of volatile organic compounds used during the averaging period "M," as described in R 336.2040(6).

(c) The total volume of coatings used on the coating line during the averaging period "GT," as described in R 336.2040(12).

(d) The volume-weighted average weight of volatile organic compounds per gallon, minus water, as applied, "Pa," as described in R 336.2040(12).

(4) If a coating line has 1 or more add-on emissions control devices for which emission limits are expressed in pounds of volatile organic compounds per gallon of coating, minus water, as applied, then a person shall keep all of the following records:

(b) The weight of volatile organic compounds used during the averaging period "M," as described in R 336.2040(6).

(c) The total volume of coating solids and volume of ink or coating "Ldi" used during the averaging period "V," as described in R 336.2040(7).

(d) The overall capture efficiency "N," as described in R 336.2040(10).

(e) The overall reduction efficiency "Rt, " as described in R 336.2040(11), including the parameters "Qza," "Cza," "Qim," "Cim," and "Mr."

(f) The volume-weighted average weight of volatile organic compounds per gallon of coating solids, as applied, "Pb," as described in R 336.2040(12).

(5) If a coating line does not have an add-on emissions control device for which emission limits are expressed in pounds of volatile organic compounds per gallon of coating solids, as applied, then a person shall keep all of the following records:

(b) The weight of volatile organic compounds used during the averaging period "M," as described in R 336.2040(6).

(c) The total volume of coating solids and volume of ink or coating "Ldi" used during the averaging period "V," as described in R 336.2040(7).

(d) The volume-weighted average weight of volatile organic compounds per gallon of coating solids, as applied, "Pc," as described in R 336.2040(12).

(6) If a coating line has 1 or more add-on emissions control devices for which emission limits are expressed in pounds of volatile organic compounds per gallon of coating solids, as applied, then a person shall keep all of the following records:

(b) The weight of volatile organic compounds used during the averaging period "M," as described in R 336.2040(6).

(c) The total volume of coating solids and volume of ink or coating "Ldi" used during the averaging period "V," as described in R 336.2040(7).

(d) The overall capture efficiency "N," as described in R 336.2040(10).

(e) The overall reduction efficiency "Rt," as described in R 336.2040(11), including the parameters "Qza," "Cza," "Qim," "Cim," and "Mr."

(f) The volume-weighted average weight of volatile organic compounds per gallon of coating solids, as applied, "Pd," as described in R 336.2040(12).

(7) If a coating line does not have an add-on emissions control device for which emission limits are expressed in pounds of volatile organic compounds per gallon of applied coating solids, then a person shall keep all of the following records:

(b) The weight of volatile organic compounds used during the averaging period "M," as described in R 336.2040(6).

(c) The total volume of coating solids and volume of ink or coating "Ldi" used during the averaging period "V," as described in R 336.2040(7).

(d) The overall transfer efficiency "T," as described in R 336.2040(9), including "Ti" and "Uci".

(e) The volume-weighted average weight of volatile organic compounds per gallon of applied coating solids "Pe," as described in R 336.2040(12).

(8) If a coating line has 1 or more add-on emissions control devices for which emission limits are expressed in pounds of volatile organic compounds per gallon of applied coating solids, then a person shall keep all of the following records:

(b) The weight of volatile organic compounds used during the averaging period "M," as described in R 336.2040(6).

(c) The total volume of coating solids and volume of ink or coating "Ldi" used during the averaging period "V," as described in R 336.2040(7).

(d) The overall transfer efficiency "T," as described in R 336.2040(9), including "Ti" and "Uci".

(e) The overall capture efficiency "N," as described in R 336.2040(10).

(f) The overall reduction efficiency "Rt," as described in R 336.2040(11), including the parameters "Qza," "Cza," "Qim," "Vim," and "Mr."

(g) The volume-weighted average weight of volatile organic compounds per gallon of applied coating solids "Pf," as described in R 336.2040(12).

(9) If a graphic arts line does not have an add-on emissions control device for which emission limits are expressed in pounds of volatile organic compounds per pound of solids, then a person shall keep all of the following records:

(a) The name, identification number, volume "Lci," and volatile organic compound content of each ink and coating, minus water, as applied, "P," used during the averaging period, as described in R 336.2040(5).

(b) The weight of volatile organic compounds used during the averaging period "M," as described in R 336.2040(6).

(c) The weight of ink and coating solids used during the averaging period "W," as described in R 336.2040(8), including "Wci" and "Ldi."

(d) The average pounds of volatile organic compound per pound of solids, as applied, "Pg," as described in R 336.2040(12).

(10) If a graphic arts line has 1 or more add-on emissions control devices for which emission limits are expressed in pounds of volatile organic compounds per pound of solids, as applied, then a person shall keep all of the following records:

(b) The weight of volatile organic compounds used during the averaging period "M," as described in R 336.2040(6).

(c) The weight of ink and coating solids used during the averaging period "W," as described in R 336.2040(8), including "Wci" and "Ldi."

(d) The overall capture efficiency "N," as described in R 336.2040(10).

(e) The overall reduction efficiency "Rt," as described in R 336.2040(11), including the parameters "Qza," "Cza," "Qim," "Cim," and "Mr."

(f) The average pounds of volatile organic compound per pound of solids, as applied, "Ph," as described in R 336.2040(12).

(11) If a flatwood paneling coating line does not have an add-on emissions control device for which emission limits are expressed in pounds of volatile organic compound per 1,000 square feet of coated finished product, then a person shall keep all of the following records:

(a) The name, identification number, volume "Lci," and volatile organic compound content of each coating, minus water, as applied, "P," used during the averaging period, as described in R 336.2040(5).

(b) The weight of volatile organic compounds used during the averaging period "M," as described in R 336.2040(6).

(c) The total surface area of coated finished product for the coating category during the averaging period "sq," as described in R 336.2040(3).

(d) The volume-weighted average pounds of volatile organic compounds per 1,000 square feet of coated finished product "Pi," as described in R 336.2040(12).

(12) If a flatwood paneling coating line has 1 or more add-on emissions control devices for which emission limits are expressed in pounds of volatile organic compounds per 1,000 square feet of coated finished product, then a person shall keep all of the following records:

(b) The weight of volatile organic compounds used during the averaging period "M," as described in R 336.2040(6).

(c) The total surface area of coated finished product for the coating category during the averaging period "sq," as described in R 336.2040(3).

(d) The overall capture efficiency "N," as described in R 336.2040(10).

(e) The overall reduction efficiency "Rt," as described in R 336.2040(11), including the parameters "Qza," "Cza," "Qim," "Cim," and "Mr."

(f) The volume-weighted average pounds of volatile organic compounds per 1,000 square feet of coated finished product "Pj," as described in R 336.2040(12).

(13) An owner or operator of primer surfacer or topcoat operations subject to emission limits in R 336.1610(11), table 62 or R 336.1610a(4), table 64-a, shall keep records as required in the publication entitled "Protocol for Determining the Daily Volatile Organic Compound Emission Rate of Automobile and Light-duty Truck Topcoat Operations,"

EPA-453/R-08/002adopted by reference in R 336.1902.

(14) The records that are required in this rule must be retained for a period of not less than 2 complete years after the date of collection and, on request by the department, must be submitted to the department in an acceptable format.

**History**
- *History: 1993 AACS; 1998-2000 AACS; 2002 AACS; 2025 AACS.*

##### **Mich. Admin. Code R 336.2060** Procedures for determination of compliance with R 336.1631 {#sec-r-336.2060 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.2060}

Rule 1060. The following procedures shall be used for the determination of compliance with R 336.1631:

(a) The following procedure shall be used for the determination of compliance with R 336.1631 emission limitations expressed as pounds of volatile organic compound per 1,000 pounds of polystyrene resin, dry organic resin, or completed organic resin produced:

(i) Principle. Compliance with R 336.1631 is determined after determining all of the following:

(A) The concentration of volatile organic compounds in the effluent gas vented to the atmosphere.

(B) The flow rate of effluent gas vented to the atmosphere.

(C) The pounds of polystyrene resin, completed organic resin, or dry organic resin produced over a period of time or per batch.

(D) The length of time for each stage of the resin manufacturing operation.

(ii) Applicability. This procedure is applicable for the determination of compliance with R 336.1631 emission limits expressed as pounds of volatile organic compound per 1,000 pounds of polystyrene, completed organic, or dry organic resin produced.

(iii) All of the following provisions apply to procedure:

(A) The concentration of volatile organic compounds in the effluent gas vented to the atmosphere shall be determined using federal reference method 25, as described in R 336.2004, or an equivalent method approved by the department. A sample shall be taken from each vent emitting volatile organic compounds on all material recovery equipment and on all reactors, thinning tanks, and blending tanks. The samples shall be taken at a point between the last piece of control equipment on the vent and the vent opening to the atmosphere. Two samples shall be taken during each time period or stage in the manufacturing process represented by a process change. The results of the 2 samples shall be averaged.

(B) The flow rate of effluent gas vented to the atmosphere shall be determined using federal reference methods 1 and 2, as described in R 336.2004, or an equivalent method approved by the department. The flow rate shall be measured in conjunction with the sampling as required in subparagraph (A) of this paragraph. The flow chart shall be measured at a point between the last piece of control equipment on the vent and the vent opening to the atmosphere. The flow rates shall be measured on each vent stack of each piece of equipment affected by the emission limits referred to in this subdivision. Flow rates shall be measured on each piece of equipment from which the samples referred to in subparagraph (A) of this paragraph are taken.

(C) The pounds of polystyrene resin, completed organic resin, or dry organic resin produced shall be determined from plant production data.

(D) The length of time for each stage of a resin manufacturing operation shall be determined from plant records.

(iv) All of the following provisions apply to carrying out calculations:

(A) Nomenclature.

C sv = Concentration of volatile organic compound in the effluent gas flowing through stack v during stage s before venting to the atmosphere (pounds per cubic feet).

M = Total mass of volatile organic compound emitted through all stacks for every stage of the resin manufacturing operation per batch, or per calendar day for continuous processes (pounds of volatile organic compound).

K = Total mass of polystyrene resin, completed organic resin, or dry organic resin produced per batch or per calendar day for continuous processes (pounds of resin).

Q sv = Volumetric flow rate of the effluent gas flowing through stack v during stage s (cubic feet per minute).

R = Actual emission rate from a resin manufacturing process (pounds of volatile organic compound per 1,000 pounds of polystyrene resin, completed organic resin, or dry organic resin produced).

T s = Time period for each stage of the resin manufacturing process (minutes).

(B) The following equations shall be used:

(1) Calculate the total mass of volatile organic compound emitted from affected stacks for every stage of the resin manufacturing process using the following equation, where "a" is the total number of stages of the resin manufacturing process and "b" is the total number of stacks emitting volatile organic compound and involved in the manufacture of a resin affected by R 336.1631:

SV SV

S M =

Q C T ab sv ==  (2) Calculate the actual emission rate from material recovery equipment used in the manufacture of polystyrene resin, and from reactors, thinning tanks, and blending tanks used in the manufacture of completed organic resin and dry organic resin, using the following equation:

(1000) M

R = K

If "R" is less than or equal to the required emission limit expressed as pounds of volatile organic compound per 1,000 pounds of polystyrene resin, completed organic resin, or dry organic resin produced for the affected resin operation, the resin operation meets the emission limit.

(b) The following procedure shall be used for the determination of compliance with the R 336.1631 emission limit requiring control equipment to reduce the total volatile organic compound emissions from reactors, thinning tanks, and blending tanks by 95 weight percent:

(i) Principle. Compliance with R 336.1631 is determined after determining all of the following:

(A) The concentration of volatile organic compounds in the effluent gas vented to the atmosphere.

(B) The concentration of volatile organic compounds in the effluent gas vented to the first piece of control equipment following the reactors, thinning tanks, or blending tanks.

(C) The flow rate of the effluent gas vented to the atmosphere and vented to the first piece of control equipment following the reactors, thinning tanks, or blending tanks.

(ii) Applicability. This procedure is applicable for the determination of compliance with the R 336.1631 emission limit requiring control equipment to reduce the total volatile organic compound emissions from reactors, thinning tanks, and blending tanks by 95 weight percent.

(iii) All of the following provisions apply to procedure:

(A) The concentration of volatile organic compounds in the effluent gas vented to the atmosphere shall be determined using federal reference method 25, as described in R 336.2004, or an equivalent method approved by the department. A sample shall be taken from each vent emitting volatile organic compounds on all reactors, thinning tanks, and blending tanks. The samples shall be taken at a point between the last piece of control equipment on the vent and the vent opening to the atmosphere. Two samples shall be taken during each time period or stage in the manufacturing process represented by a process change. The results of the 2 samples shall be averaged.

(B) The concentration of volatile organic compounds in the effluent gas vented from reactors, thinning tanks, and blending tanks shall be determined using federal reference method 25, as described in R 336.2004, or an equivalent method approved by the department. A sample shall be taken from each vent containing volatile organic compounds on all reactors, thinning tanks, and blending tanks. The samples shall be taken at a point on the vent immediately before entering the first piece of control equipment from the reactor, thinning tank, or blending tank. Two samples shall be taken at each time period or stage in the manufacturing process represented by a process change. The results of the 2 samples shall be averaged.

(C) The flow rate of the effluent gas vented to the atmosphere and vented from reactors, thinning tanks, and blending tanks shall be determined using federal reference methods 1 and 2, as described in R 336.2004, or an equivalent method approved by the department.

The flow rate shall be measured in conjunction with the sampling as required in subparagraphs (A) and (B) of this paragraph. The flow rate shall be measured at a point between the last piece of control equipment on the vent and the vent opening to the atmosphere and also at a point between the reactor, thinning tank, or blending tank and the piece of control equipment nearest the reactor, thinning tank, or blending tank. The flow rates shall be measured on each piece of equipment from which the samples referred to in subparagraphs (A) and (B) of this paragraph are taken.

(iv) All of the following provisions apply to carrying out calculations:

(A) Nomenclature.

C sv = Concentration of volatile organic compound in the effluent gas flowing through stack v during stage s before venting to the atmosphere (pounds per cubic feet).

C sv = Concentration of volatile organic compound in the effluent gas leaving the reactor, thinning tank, or blending tank and flowing through stack v during stage s (pounds per cubic feet).

M = Total mass of volatile organic compound emitted to the atmosphere through the stacks of all reactors, thinning tanks, and blending tanks for every stage of the resin manufacturing operation (pounds of volatile organic compounds per minute).

M = Total mass of volatile organic compound leaving all the reactors, thinning tanks, and blending tanks through the stacks for every stage of the resin manufacturing process (pounds of volatile organic compound per minute).

P = Actual weight percent of volatile organic compound emissions reduced by control equipment from all reactors, thinning tanks, and blending tanks (percent).

Q sv = Volumetric flow rate of the effluent gas flowing through stack v during stage s (cubic feet per minute).

Q sv = Volumetric flow rate of the effluent gas leaving the reactor, thinning tank, and blending tank and flowing through stack v during stage s (cubic feet per minute).

(B) The following equations shall be used:

SVSV

M = Q C ab sv==  (2) Calculate the total mass of volatile organic compound leaving reactors, thinning tanks, and blending tanks through affected stacks for every stage of the resin manufacturing process using the following equation, where "a" is the total number of stages of the resin manufacturing process and "b" is the total number of stacks emitting volatile organic compound and involved in the manufacture of a resin affected by R 336.1631:

SV s=1 M = Q C Aa b SV v =  (3) Calculate the actual weight percent of volatile organic compound emissions reduced by control equipment from all reactors, thinning tanks, and blending tanks using the following equation:

M P = 1 -

M   

If "P" is equal to or greater than 95, the resin operation meets the emission limit.

**History**
- *History: 1989 AACS; 2002 AACS.*

### **R 336.2101 to R 336.2199** Part 11. Continuous Emission Monitoring

##### **Mich. Admin. Code R 336.2101** Continuous emission monitoring, fossil fuel-fired steam generators {#sec-r-336.2101 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.2101}

DEPARTMENT OF ENVIRONMENTAL QUALITY

AIR QUALITY DIVISION

PART 11. CONTINUOUS EMISSION MONITORING

(By authority conferred on the director of the department of environmental quality by sections 5503 and 5512 of 1994 PA 451, MCL 324.5503 and 324.5512, and Executive Reorganization Order No. 1995-18, MCL 324.99903)

Rule 1101. (1) Except as specified in R 336.2199, the owner or operator of any fossil fuelfired steam generator that has an annual average capacity factor of more than 30%, as reported to the federal power commission for calendar year 1974, or as otherwise determined by the department, shall install, calibrate, maintain, and operate a continuous monitoring system for the measurement of all of the following:

(a) Opacity, if the generator has more than 250,000,000 Btu's per hour heat input, unless gaseous fuel is the only fuel burned, or unless oil or a mixture of gas and oil are the only fuels burned and the source is able to comply with the applicable particulate matter and opacity standards without utilization of particulate matter collection equipment, and where the source has never been found from any administrative or judicial proceedings to be in violation of the applicable visible emission standard.

(b) Sulfur dioxide, if the generator has a per hour heat input of more than 250,000,000 Btu's and if sulfur dioxide emission control equipment has been installed.

(c) Nitrogen oxides if the generator has a per hour heat input of more than 1,000,000,000 Btu's, is subject to a nitrogen oxides emission standard, and is located in an air quality control region that has been determined by the administrator of the United States environmental protection agency to require a control strategy for nitrogen oxides, unless the owner or operator demon-strates, by source emission compliance tests, that the source emits nitrogen oxides at levels 30% or more below the applicable nitrogen oxide emission standard.

(d) Oxygen or carbon dioxide percentage, if measurement of oxygen or carbon dioxide in the flue gas is required to convert either sulfur dioxide or nitrogen oxides continuous emission monitoring data to units of the applicable emission standard.

(2) The owner or operator of any source subject to subrule (1) of this rule shall complete the installation and performance tests of the equipment required by subrule (1) of this rule and shall begin monitoring and recording within 18 months of the effective date of this rule.

**History**
- *History: 1980 AACS; 2002 AACS.*

##### **Mich. Admin. Code R 336.2102** Continuous emission monitoring; sulfuric acid-producing facilities {#sec-r-336.2102 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.2102}

Rule 1102. (1) Except as provided in R 336.2199, the owner or operator of any sulfuric acid plant having a production capacity of more than 300 tons per day, the production capacity being expressed as 100% acid, shall install, calibrate, maintain, and operate a continuous monitoring system for the measurement of sulfur dioxide for each sulfuric acidproducing facility within such plant.

(2) The owner or operator of any source subject to the provisions of subrule (1) shall complete the installation and performance tests of the equipment required by subrule (1) and shall begin monitoring and recording within 18 months from the effective date of this rule.

**History**
- *History: 1980 AACS.*

##### **Mich. Admin. Code R 336.2103** Continuous emission monitoring, fluid bed catalytic cracking unit catalyst regenerators at petroleum refineries {#sec-r-336.2103 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.2103}

Rule 1103. (1) Except as provided in R 336.2199, the owner or operator of any fluid bed catalytic cracking unit catalyst regenerator at a petroleum refinery having a per day fresh feed capacity of more than 20,000 barrels shall install, calibrate, maintain, and operate a continuous monitoring system for the measurement of opacity.

**History**
- *History: 1980 AACS.*

##### **Mich. Admin. Code R 336.2103a** Applicability of rules for mercury emissions {#sec-r-336.2103a omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.2103a}

Rule 1103a. (1) R 336.2104 and R 336.2160 do not apply to affected EGUs for which the federal MATS, adopted by reference in R 336.2502, is an applicable requirement relative to emissions of mercury.

(2) If the federal MATS ceases to be an applicable requirement as to affected EGUs, R 336.2104 and R 336.2160 shall apply beginning with the third calendar month following the termination of the federal MATS as an applicable requirement or April 16, 2015, whichever is later.

(3) R 336.2104 and R 336.2160 are rescinded 60 days after the entry of a final judgment or order from which no further appeal or review is taken or available in White Stallion v EP,. No. 12-1100 (D.C. Circuit), upholding the provisions of the federal MATS relative to emissions of mercury.

**History**
- *History: 2014 AACS.*

##### **Mich. Admin. Code R 336.2104** Continuous emission monitoring; coal-fired electric generating units at a power plant {#sec-r-336.2104 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.2104}

Rule 1104. Unless the federal MATS is an applicable requirement, an affected EGU shall meet both of the following requirements:

(a) Except as provided in R 336.2160, a unit that serves a generator with a nameplate capacity of more than 25 megawatts producing electricity for sale shall install, calibrate, maintain, and operate a continuous monitoring system or a sorbent trap monitoring system for the measurement of mercury.

(b) The owner or operator of any source subject to the provisions of subdivision (a) of this rule shall complete the installation and performance tests of the equipment required by subdivision (a) of this rule and shall begin monitoring and recording by April 16, 2015.

**History**
- *History: 2009 AACS; 2014 AACS.*

##### **Mich. Admin. Code R 336.2150** Performance specifications for continuous emission monitoring systems {#sec-r-336.2150 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.2150}

Rule 1150. (1) The monitoring equipment required by R 336.2101, R 336.2102, R 336.2103, and R 336.2104 shall be demonstrated by the owners or operators of the monitoring equipment to meet all of the following performance specifications:

(a) Continuous monitoring systems for measuring opacity shall comply with performance specification 1 of appendix B to 40 C.F.R. Part 60, adopted by reference in R 336.1299.

(b) Continuous monitoring systems for measuring nitrogen oxides shall comply with performance specification 2 of appendix B to 40 C.F.R. Part 60, adopted by reference in R 336.1299.

(c) Continuous monitoring systems for measuring sulfur dioxide shall comply with performance specification 2 of appendix B to 40 C.F.R. Part 60, adopted by reference in R 336.1299.

(d) Continuous monitoring systems for measuring oxygen shall comply with performance specification 3 of appendix B to 40 C.F.R. Part 60, adopted by reference in R 336.1299.

(e) Continuous monitoring systems for measuring carbon dioxide shall comply with performance specification 3 of appendix B to 40 C.F.R. Part 60, adopted by reference in R 336.1299.

(f) Continuous monitoring for measuring stack gas volumetric flow shall comply with the requirements of 40 C.F.R. Part 75, §75.20(c) and appendix A and B, adopted by reference in R 336.1802a, or performance specification 6 of appendix B to 40 C.F.R. Part 60, adopted by reference in R 336.1299.

(g) Continuous monitoring for total vapor phase mercury emissions using a sorbent trap monitoring system shall comply with performance specification 12B of Appendix B to 40 C.F.R. Part 60, adopted by reference in R 336.1299.

(h) Continuous monitoring for total vapor-phase mercury emissions using a mercury continuous emission monitoring system shall comply with performance specification 12A of Appendix B to 40 C.F.R. Part 60, adopted by reference in R 336.1299.

(i) ASTM D6784-02, “Standard Test Method for Elemental, Oxidized, Particle Bound and Total Mercury in Flue Gas Generated from Coal Fired Stationary Sources (Ontario Hydro Method).”

(2) The test method in subrule (1)(i) of this rule is adopted by reference. A copy of the test method ASTM D6784-02 is available for inspection and purchase at the Department of Environmental Quality, Air Quality Division, 525 West Allegan Street, P.O. Box 30260, Lansing, Michigan 48909-7760, at a cost as of the time of adoption of this rule of $57.00.

A copy may also be obtained from the ASTM International, 100 Barr Harbor Drive, P.O.

Box C700, West Conshohocken, Pennsylvania 19428-2959; the ASTM website at www.astm.org or ASTM customer service at service@astm.org; at a cost of the time of adoption of this rule of $47.00.

**History**
- *History: 1980 AACS; 1989 AACS; 2002 AACS; 2009 AACS; 2014 AACS.*

##### **Mich. Admin. Code R 336.2151** Calibration gases for continuous emission monitoring systems {#sec-r-336.2151 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.2151}

Rule 1151. (1) For nitrogen oxide monitoring systems installed on fossil fuel-fired steam generators, the pollutant gas used to prepare calibration gas mixtures shall be nitric oxide.

(2) For sulfur dioxide monitoring systems installed on fossil fuel-fired steam generators or sulfuric acid plants, the pollutant gas used to prepare calibration gas mixtures shall be sulfur dioxide.

(3) Span and zero gases shall be traceable to national bureau of standards reference gases when these reference gases are available. Every 6 months from the date of manufacture, span and zero gases shall be reanalyzed by conducting triplicate analyses using the reference method in appendix A of 40 C.F.R. Part 60, adopted by reference in R 336.1299, as follows:

(a) For sulfur dioxide, use reference method 6.

(b) For nitrogen oxides, use reference method 7.

(c) For carbon dioxide and oxygen, use reference method 3. The gases may be analyzed at less frequent intervals if longer shelf lives are guaranteed by the manufacturer.

**History**
- *History: 1980 AACS; 1989 AACS; 2014 AACS.*

##### **Mich. Admin. Code R 336.2152** Cycling time for continuous emission monitoring systems {#sec-r-336.2152 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.2152}

Rule 1152. (1) Continuous monitoring systems for measuring opacity shall complete a minimum of 1 cycle of sampling and analyzing for each successive 10-second period and 1 cycle of data recording for each successive 6-minute period.

(2) Continuous monitoring systems for measuring oxides of nitrogen, carbon dioxide, oxygen, or sulfur dioxide shall complete a minimum of 1 cycle of operation for each successive 15-minute period.

**History**
- *History: 1980 AACS.*

##### **Mich. Admin. Code R 336.2153** Zero and drift for continuous emission monitoring systems {#sec-r-336.2153 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.2153}

Rule 1153. (1) The owner or operator of any continuous emission monitoring system required by this part shall do all of the following:

(a) Subject the instruments to the manufacturer's recommended zero and span check at least once daily, unless the manufacturer has recommended adjustments at shorter intervals, in which case such recommendations shall be followed.

(b) Adjust the zero and span when the 24-hour zero drift or 24-hour calibration drift limits of the applicable performance specifications in appendix B of 40 C.F.R. Part 60, adopted by reference in R 336.1299, are exceeded.

(2) Calibration gases used pursuant to the provisions of subrule (1) of this rule shall meet the requirements of R 336.2151.

**History**
- *History: 1980 AACS; 1989 AACS; 2014 AACS.*

##### **Mich. Admin. Code R 336.2154** Instrument span for continuous emission monitoring systems {#sec-r-336.2154 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.2154}

Rule 1154. Instrument span shall be approximately 200% of the expected instrument data display output corresponding to the emission standard for the source.

**History**
- *History: 1980 AACS.*

##### **Mich. Admin. Code R 336.2155** Monitor location for continuous emission monitoring systems {#sec-r-336.2155 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.2155}

Rule 1155. (1) The owner or operator of a source subject to provisions of this part shall install the required continuous monitoring systems or monitoring devices such that representative measurements of emissions or process parameters from the affected facility are obtained.

(2) When the effluents from 2 or more affected facilities of similar design and operating characteristics are combined before being released into the atmosphere, the owner or operator of a source subject to the provisions of this part may install monitoring systems on the combined effluent. When the affected facilities are not of similar design and operating characteristics, or when the effluent from 1 affected facility is released into the atmosphere through more than 1 point, the owner or operator shall establish alternate procedures to implement the intent of these requirements subject to approval by the department.

**History**
- *History: 1980 AACS; 2002 AACS; 2014 AACS.*

##### **Mich. Admin. Code R 336.2156** Performance testing notifications; monitoring notification {#sec-r-336.2156 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.2156}

Rule 1156. The owner or operator of any source required to install a continuous emission monitor by R 336.2101, R 336.2102, R 336.2103, or R 336.2104 shall submit to the department all of the following:

(a) A source-specific monitoring plan not less than 60 days prior to performance specification testing of the monitoring system for the review and approval of the department.

(b) A site-specific test plan not less than 30 days prior to the performance specification testing of the monitoring system for review and approval of the department.

**History**
- *History: 2009 AACS.*

##### **Mich. Admin. Code R 336.2157** Quality assurance requirements for continuous emission monitoring systems {#sec-r-336.2157 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.2157}

Rule 1157. (1) The monitoring equipment required by R 336.2101, R 336.2102, R 336.2103, and R 336.2104 shall perform continuing quality control procedures in accordance with Part 60 Appendix F, adopted by reference in R 336.1299. Monitors installed and certified in accordance with Part 74 Appendix A, adopted by reference in R 3361802a, and meeting the continuing quality control requirements of Part 75 Appendix B are exempt from the requirements of Part 60 Appendix F.

(2) A continuous stack gas volumetric flow monitor installed for R 336.2104 shall perform continuing quality control in accordance with the applicable quality control and quality assurance requirements of 40 C.F.R.§75.21 and Part 75 Appendix B or Part 60 Appendix F.

**History**
- *History: 2009 AACS; 2014 AACS.*

##### **Mich. Admin. Code R 336.2158** Rescinded {#sec-r-336.2158 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.2158}

**History**
- *History: 2009 AACS; 2014 AACS.*

##### **Mich. Admin. Code R 336.2159** Alternative continuous emission monitoring systems {#sec-r-336.2159 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.2159}

Rule 1159. The department may provide approval for alternative monitoring systems that do not comply with the requirements of this part, if the owner or operator demonstrates both of the following:

(a) That an equivalent alternative emission monitoring system shall be implemented that satisfies the intent of the requirements of this part.

(b) That 1 of the following conditions exists:

(i) A continuous emission monitoring system that conforms with the requirements of this part will not provide an accurate determination of emissions.

(ii) The affected source is operated less than 1 month per year.

(iii) A continuous emission monitoring system that conforms with the requirements of this part cannot be installed due to physical limitations of the source.

**History**
- *History: 1980 AACS; 2002 AACS.*

##### **Mich. Admin. Code R 336.2160** Mercury low mass emitter monitoring methodology {#sec-r-336.2160 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.2160}

Rule 1160. (1)Unless the federal MATS is an applicable requirement, beginning April 16, 2015, the monitoring methodology shall meet all of the requirements of this rule.

(2) The owner or operator of an affected unit that emits less than 464 ounces (29 pounds) of mercury per year may use the mercury low mass emitter monitoring methodology after performing initial certification testing. The owner or operator of the affected unit shall perform the initial certification testing and ongoing quality assurance as described in subrules (2) and (3) of this rule. The initial test shall be performed within 60 days of the effective date of these rules or 90 days prior to the compliance date, whichever is later.

(3) For the initial certification testing, the following shall apply:

(a) The owner or operator shall perform mercury emission testing to determine the mercury concentration, for example, total vapor-phase mercury, in the effluent.

(b) Testing shall be performed using 1 of the following mercury reference methods:

ASTM D6784-02, adopted by reference in R 336.2150,Method 29, method 30A, or method 30B of Part 60, adopted by reference in R 336.1299. A test shall consist of a minimum of 3 runs at maximum routine load while firing fuel or fuels with the highest mercury content.

(c) The minimum run time shall be 1 hour if method 30A is used. If method 29, ASTM D6784-02, or method 30B is used, paired samples are required for each test run and the runs shall be long enough to ensure that sufficient mercury is collected to analyze. When method 29 or ASTM D6784-02 is used the test results shall be based on the vapor-phase mercury collected in the back half of the sampling train. For each method 29, ASTM D6784-02, or method 30B test run, the paired trains shall meet the relative deviation requirement specified in method 30B. If the relative deviation specification is met, the result of the 2 samples shall be averaged arithmetically.

(d) If the unit is equipped with flue gas desulfurization or add-on mercury emission controls, the controls shall be operating normally during the testing, and for the purpose of establishing proper operation of the controls, parametric data shall be recorded.

(e) A complete test plan and test notification shall be provided to the department 30 days prior to the testing.

(4) Based on the results of emission testing, the following equation shall be used to provide a conservative estimate of the annual mercury mass emissions for the unit:

E = N · K · CHg · Qmass Where:

E = Estimated annual mercury mass emissions in ounces per year.

N = 8760 hours or the maximum number of operating hours per year allowed by the unit's federally enforceable permit.

K = 9.978 x 10-10 ounces-scm/μg-standard cubic foot (scf).

CHg = Highest mercury concentration (μg/scm) from any test run or 0.05 μg/scm, whichever is greater.

Qmass = Maximum potential flow rate.

(a) If the estimated annual mercury mass emissions are 464 ounces per year or less, the unit is eligible to use the monitoring methodology of this rule, and mercury continuous emission monitoring is not required.

(b) The results of the testing performed under this rule shall be submitted as a certification application to the department, not later than 45 days after the test is completed. The calculations demonstrating that the unit emits less than 464 ounces per year shall be provided, and the default mercury concentration that will be used for mercury mass emission reporting shall be specified.

(i) The default mercury concentration used to estimate the unit's annual mercury mass emissions shall be reported for each unit operating hour and shall be used to calculate hourly mercury emissions.

(ii) The mercury emission testing described in this rule shall be repeated periodically for the purpose of quality assurance, as follows:

(A) If the results of the certification testing under this rule show that the unit emits 144 ounces (9 pounds) per year or less, the first retest is required by the end of the fourth quarter following the calendar quarter of the certification test.

(B) If the results of the certification test under this section show that the unit emits more than 144 ounces per year but less than 464 ounces per year, the first retest is required by the end of the second quarter following the calendar quarter of the certification test.

(C) Retesting shall be required either by the end of the second or fourth quarter following the quarter of the previous test, depending on the results of the previous test. To determine whether the next retest is required within 2 or 4 quarters, substitute the highest mercury concentration from the current test or 0.50 μg/scm, whichever is greater, into the equation under subrule (3)of the rule. If the estimated annual mass emissions exceed 144 ounces, the next test is due within 2 quarters. If the estimated annual mass emissions are 144 ounces or less, the next test is due within 4 quarters.

(d) The updated mercury default concentration shall be applied beginning with the first unit operating hour after the completion of the retest.

(e) If the unit is equipped with flue gas desulfurization system or add-on mercury controls, the owner or operator shall record the parametric data for each unit operating hour.

(f) An additional retest is required when there is a change in coal rank of the primary fuel or other significant fuel change.

(g) At the end of each calendar year, if the cumulative annual mercury mass emission from an affected unit exceeds 464 ounces, the owner or operator shall install, certify, operate, and maintain a mercury continuous emission monitoring system, or sorbent trap monitoring system, not later than 180 days after the end of the calendar year in which the emissions exceeded 464 ounces.

**History**
- *History: 2009 AACS; 2014 AACS.*

##### **Mich. Admin. Code R 336.2161** Rescinded {#sec-r-336.2161 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.2161}

**History**
- *History: 2009 AACS; 2014 AACS.*

##### **Mich. Admin. Code R 336.2170** Monitoring data reporting and recordkeeping {#sec-r-336.2170 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.2170}

Rule 1170. (1) The owner or operator of any continuous emission monitoring system required by this part shall submit to the department, within 30 days of the end of a calendar quarter, a written report for each calendar quarter which shall include all of the following information:

(a) Excess emissions and the nature and cause of the excess emissions, if known, as follows:

(i) For opacity measurements, the report shall consist of the magnitude, in actual percent opacity, of all 6-minute averages of opacity more than the applicable opacity standard for each hour of operation (all allowable exceptions are to be deducted before determining the excess averages of opacity). Average values shall be obtained by integration over the averaging period or by arithmetically averaging a minimum of 24 equally spaced, instantaneous opacity measurements per 6 minutes.

(ii) For gaseous measurements, the report shall consist of emission averages, in the units of the applicable standard, for each averaging period during which the applicable standard was exceeded.

(b) The date and time identifying each period during which the continuous monitoring system was inoperative, except for zero and span checks, and the nature of repairs or adjustments made.

(c) If the continuous monitoring system has been inoperative, repaired, or adjusted, and if no excess emissions occurred, include a statement attesting to this fact.

(2) The owner or operator of any continuous emission monitoring system required by this part shall maintain a file of all information reported in the quarterly reports and all other data collected, either by the continuous monitoring system or as necessary to convert monitoring data to the units of the applicable standard, for a minimum of 2 years from the date of collection of the data or submission of the reports.

**History**
- *History: 1980 AACS; 2002 AACS; 2014 AACS.*

##### **Mich. Admin. Code R 336.2175** Data reduction procedures for fossil fuel-fired steam generators {#sec-r-336.2175 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.2175}

Rule 1175. (1) The owner or operator of a fossil fuel-fired steam generator that is subject to the provisions of this part shall convert gaseous emission monitoring data in parts per million to pounds per million Btu's using either of the following procedures:

(a) When the owner or operator elects to measure oxygen in the flue gases, the measurements of the pollutant concentration and oxygen concentration shall each be on a consistent basis (wet or dry). When measurements are on a dry basis, the following conversion procedure shall be used:

E = CF ( 20.9

20.9 %O )

When measurements are on a wet basis, alternative procedures approved by the department shall be used.

(b) When the owner or operator elects to measure carbon dioxide in the flue gases, the measurements of the pollutant concentration and carbon dioxide concentration shall each be on a consistent basis (wet or dry) and the following conversion procedure shall be used:

E = CF c ( %CO )

(2) The values used in the equations in subrule (1) of this rule shall be derived as follows:

(a) "E" is the pollutant emission in pounds per million Btu's.

(b) "C" is the pollutant concentration in pounds per dry standard cubic foot determined by multiplying the average concentration, in parts per million, for each hourly period by 2.59 X 10-9 M pounds per dry standard cubic foot per part per million where M is the pollutant molecular weight in pounds per pound mole (M equals 64.07 for sulfur dioxide and 46.01 for oxides of nitrogen).

(c) "% 0 ²" or "% C0 ²" is the oxygen or carbon dioxide volume, expressed as percent, determined with equipment required by R 336.2101.

(d) "F" or "Fc" is a factor representing a ratio of the volume of dry flue gases generated to the calorific value of the fuel combusted (F) or a factor representing a ratio of the volume of carbon dioxide generated to the calorific value of the fuel combusted (Fc). Values of F and Fc are listed in the standards of performance for new stationary sources, 40 C.F.R.§60.45(f), adopted by reference in R 336.1299.

Editor's Note: An obvious error in R 336.2175 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Michigan Register, 2014 MR 9. The memorandum requesting the correction was published in Michigan Register, 2014 MR 9.

**History**
- *History: 1980 AACS; 1989 AACS; 2002 AACS; 2014 AACS.*

##### **Mich. Admin. Code R 336.2176** Data reduction procedures for sulfuric acid plant {#sec-r-336.2176 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.2176}

Rule 1176. The owner or operator of a sulfuric acid plant that is subject to the provisions of this part shall do both of the following:

(a) Establish a conversion factor 3 times daily according to the procedures in the standards of performance for new stationary sources, 40 C.F.R. Part 60.84(b), adopted by reference in R 336.1299.

(b) Multiply the conversion factor by the average sulfur dioxide concentration in the flue gases to obtain the average sulfur dioxide emissions in pounds per short ton.

**History**
- *History: 1980 AACS; 1989 AACS; 2014 AACS.*

##### **Mich. Admin. Code R 336.2189** Alternative data reporting or reduction procedures {#sec-r-336.2189 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.2189}

Rule 1189. The department may provide approval for alternative data reporting or reduction procedures that do not comply with the requirements of this part if the owner or operator demonstrates, to the satisfaction of the department, that the procedures are at least as accurate as the proce-dures identified in this part.

**History**
- *History: 1980 AACS; 2002 AACS.*

##### **Mich. Admin. Code R 336.2190** Monitoring system malfunctions {#sec-r-336.2190 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.2190}

Rule 1190. The monitoring and reporting requirements of this part shall not apply during any period of monitoring system malfunction if the source owner or operator demonstrates both of the following to the satisfaction of the department:

(a) That the cause of the malfunction could not have been avoided by any course of action that could have reasonably been expected of the owner or operator.

(b) That the necessary repairs are being made as expeditiously as practicable.

**History**
- *History: 1980 AACS; 2002 AACS.*

##### **Mich. Admin. Code R 336.2199** Exemptions from continuous emission monitoring requirements {#sec-r-336.2199 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.2199}

Rule 1199. The requirements of R 336.2101, R 336.2102, and R 336.2103 do not apply to either of the following:

(a) A source subject to a new source performance standard promulgated in the standards of performance for new stationary sources, 40 C.F.R. Part 60, adopted by reference in R 336.1299. (b) A source is not subject to an applicable emission standard.

**History**
- *History: 1980 AACS; 1989 AACS; 1997 AACS; 2014 AACS.*

### **R 336.2401 to R 336.2420** Part 14. Clean Corporate Citizen

##### **Mich. Admin. Code R 336.2401** Rescinded {#sec-r-336.2401 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.2401}

DEPARTMENT OF ENVIRONMENTAL QUALITY

AIR QUALITY DIVISION

AIR POLLUTION CONTROL

(By authority conferred on the director of the department of environmental quality by sections 5503 and 5512 of 1994 PA 451, MCL 324.5503 and 324. 5512.

PART 14. CLEAN CORPORATE CITIZEN PROGRAM

**History**
- *History: 1997 AACS; 1998-2000 AACS.*

##### **Mich. Admin. Code R 336.2402** Rescinded {#sec-r-336.2402 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.2402}

**History**
- *History: 1997 AACS; 1998-2000 AACS.*

##### **Mich. Admin. Code R 336.2403** Rescinded {#sec-r-336.2403 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.2403}

**History**
- *History: 1997 AACS; 1998-2000 AACS.*

##### **Mich. Admin. Code R 336.2404** Rescinded {#sec-r-336.2404 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.2404}

**History**
- *History: 1997 AACS; 1998-2000 AACS.*

##### **Mich. Admin. Code R 336.2405** Rescinded {#sec-r-336.2405 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.2405}

**History**
- *History: 1997 AACS; 1998-2000 AACS.*

##### **Mich. Admin. Code R 336.2406** Rescinded {#sec-r-336.2406 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.2406}

**History**
- *History: 1997 AACS; 1998-2000 AACS.*

##### **Mich. Admin. Code R 336.2407** Rescinded {#sec-r-336.2407 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.2407}

**History**
- *History: 1997 AACS; 1998-2000 AACS.*

##### **Mich. Admin. Code R 336.2408** Rescinded {#sec-r-336.2408 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.2408}

**History**
- *History: 1997 AACS; 1998-2000 AACS.*

##### **Mich. Admin. Code R 336.2409** Rescinded {#sec-r-336.2409 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.2409}

**History**
- *History: 1997 AACS; 1998-2000 AACS.*

##### **Mich. Admin. Code R 336.2412** Rescinded {#sec-r-336.2412 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.2412}

**History**
- *History: 1997 AACS; 1998-2000 AACS.*

##### **Mich. Admin. Code R 336.2413** Waivers to commence construction and operation {#sec-r-336.2413 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.2413}

Rule 1413. (1) Before the approval of a permit to install required pursuant to these rules, a clean corporate citizen may request a department waiver to proceed with construction and, if desired, operation of process or process equipment at an existing stationary source.

The request for a waiver shall be in writing, shall be accompanied by an administratively complete application for a permit to install, shall not include proposed process or process equipment prohibited by federal requirements from commencing construction or operation before issuance of an approved permit, and shall be signed by the owner or the owner's authorized agent. The request for a waiver shall be automatically approved 15 calendar days after receipt of the request and required information, unless, within the 15-calendarday period, either the request is denied in writing for cause by the department or an extension of up to 15 additional calendar days is specified in writing by the department. If the time period is extended, the request for a waiver shall be automatically approved at the end of the extended time period, unless the request for a waiver is denied by the department within the extended time period.

(2) If a waiver is approved, the clean corporate citizen applicant shall comply with all of the following provisions:

(a) Submit all pertinent information, including plans and specifications, necessary for a technically complete application for a permit to install as soon as is reasonably practical.

(b) Be authorized to proceed to construct and operate the process or process equipment according to the terms of the approved waiver at the applicant's own risk.

(c) Comply with all federal, state, and local air quality requirements applicable to the process or process equipment covered by the approved waiver at all times. The applicable requirements may include, but not be limited to, any of the following:

(i) Emissions limitations.

(ii) Operation limitations.

(iii) Fuel limitations.

(iv) Emissions testing.

(v) Continuous emissions monitoring.

(vi) Notifications.

(vii) Recordkeeping.

(3) Operation of the process or process equipment under a waiver does not relieve the applicant from civil fines for violations of the provisions in subrule (2)(a) to (c) if any of the following are met:

(a) The applicant failed to act promptly to correct the violations after discovery.

(b) The applicant failed to report the violations to the department within 24 hours of discovery.

(d) The violations were intentional or occurred as a result of the applicant’s gross negligence.

(4) The term of the initial waiver shall be for the period requested, but not more than 1 year from the date the request is received by the department. After a waiver to construct or operate is approved pursuant to subrule (1) of this rule, the clean corporate citizen permit applicant may apply for 1 extension to the term of the initial waiver. A waiver extension application shall be in writing, shall state the reasons for the need of the extension, shall be submitted not later than 30 days before the end of the term of the initial waiver, and shall be signed by the owner or the owner's authorized agent. The waiver extension application shall be acted upon by the department within 30 days of receipt of the extension application.

The department shall determine the term of the extension, but the total term of the initial waiver plus extension shall not exceed 18 months.

(5) A waiver approved pursuant to subrule (1) of this rule shall be revoked by the department for cause, including, but not limited to, the termination of the permit applicant's clean corporate citizen designation or a finding by the department of noncompliance with applicable state or federal air quality requirements related to the process or process equipment, exclusive of the state requirement to obtain an approved permit prior to construction or operation of the process. The applicant shall have an opportunity to present information to the department before revocation action is taken. A waiver revocation shall be in writing by the department. There is no formal appeal of the department's revocation decision.

(6) A clean corporate citizen may operate a process or process equipment pursuant to a waiver to operate approved pursuant to subrule (1) of this rule until 1 of the following occurs:

(a) The permit to install for the process or process equipment is approved, at which time the waivers approved pursuant to subrule (1) of this rule become void.

(b) The term of the approved waiver and extension, if applicable, expires.

(c) The permit for the process or process equipment is denied, at which time the waivers approved pursuant to subrule (1) of this rule become void.

(d) The waiver is revoked by the department.

(7) The department shall deny a permit to install after a waiver has been granted or approved pursuant to subrule (1) of this rule if the information, including plans and specifications, provided by the applicant shows that cause exists for denial pursuant to section 5510 of the act or if the applicant has not provided the information necessary for a technically complete application in a timely manner. An appeal of a denial shall be made pursuant to section 5505(8) of the act.

**History**
- *History: 1997 AACS; 2014 AACS.*

##### **Mich. Admin. Code R 336.2414** Rescinded {#sec-r-336.2414 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.2414}

**History**
- *History: 1997 AACS; 2014 AACS.*

##### **Mich. Admin. Code R 336.2415** Plantwide applicability limit permit for clean corporate citizen {#sec-r-336.2415 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.2415}

Rule 1415. (1) A clean corporate citizen may request that the department issue a plantwide applicability limit permit that establishes a federally enforceable emissions cap for 1 or more pollutants at an existing stationary source pursuant to this rule.

(2) For a clean corporate citizen, the department may, after notice and opportunity for public participation pursuant to section 5516 of the act, issue a plantwide applicability limit permit to install which includes terms and conditions necessary to assure compliance with applicable air quality regulations at the stationary source and which allows the clean corporate citizen to undertake changes, without a permit to install, as long as compliance with the plantwide applicability limit permit is maintained.

(3) A clean corporate citizen may request that the plantwide applicability limit permit establish an emissions cap set equal to actual emissions plus the significant emissions for each pollutant being considered in the plantwide applicability limit application.

Alternatively, the plantwide applicability limit permit may, at the request of a clean corporate citizen, establish an emissions cap set equal to existing allowable emissions, if the levels of the emissions are consistent with state and federal requirements.

(4) In addition to the information required by R 336.1203 and other applicable rules, an application for a plantwide applicability limit permit pursuant to this rule shall include all of the following information:

(a) Identification of all past technology determinations that are the basis for existing emission and operation limitations at the stationary source.

(b) Identification of the plantwide applicability limit requested and supporting documentation for both the point and fugitive emissions to be included in the plantwide applicability limit permit.

(c) For a plantwide applicability limit permit based on existing allowable emissions, identification of all emissions offsets previously provided for the stationary source.

(d) The proposed recordkeeping, monitoring, and reporting that would be used to demonstrate compliance with the emissions cap and any individual technology limitations that are to be maintained within the plantwide applicability limit permit.

(e) A proposed periodic review process that describes the mechanism for making adjustments to the plantwide applicability limit permit limits for cause. An example of cause is a new applicable requirement.

(f) The proposed procedure to be followed to ensure a clean corporate citizen does not modify the stationary source to exceed the emissions cap in the plantwide applicability limit permit.

(g) The proposed procedure to ensure that a clean corporate citizen does not modify the stationary source to cause or contribute to violations of the national ambient air quality standards.

(5) The department shall not approve a plantwide applicability limit permit to install if any of the conditions in R 336.1207 (1)(a) to (d) exist.

(6) The department shall not approve a plantwide applicability limit permit to install unless the permit provides for all of the following:

(a) A requirement that the clean corporate citizen notify the department of the commencement of construction and operation for either of the following for which a permit to install is not required pursuant to the plantwide applicability limit permit:

(i) A source subject to standards of performance for new stationary sources or national emission standards for hazardous air pollutants.

(ii) A source that has the potential to emit more than 50% of the prevention of significant deterioration significance level.

(b) A requirement that, before the addition of new process or process equipment, other than process or process equipment exempted by R 336.1278 to R 336.1290, a clean corporate citizen shall determine that the proposed new process or process equipment is in compliance with the provisions of R 336.1224 and R 336.1225.

(c) A requirement that a clean corporate citizen is not relieved of the responsibility of complying with applicable control technology requirements.

(d) Limits on a pollutant-specific basis and limits on other air contaminants that are not included in the emissions cap.

(e) Recordkeeping, monitoring, and reporting requirements necessary to assure compliance with the plantwide applicability limit permit.

(f) A future review of the plantwide applicability limit permit and the conditions that could affect the limit or limits.

(g) A requirement that a clean corporate citizen shall comply with all applicable air quality regulations, except for the requirement to obtain a permit to install pursuant to R 336.1201.

(h) A provision for reopening the terms and conditions of a plantwide applicability limit permit if a clean corporate citizen's designation is terminated pursuant to MCL 324.1417.

**History**
- *History: 1997 AACS; 2014 AACS.*

##### **Mich. Admin. Code R 336.2420** Rescinded {#sec-r-336.2420 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.2420}

**History**
- *History: 1997 AACS; 1998-2000 AACS.*

### **R 336.2501 to R 336.2514** Part 15. Emission Limitations and Prohibitions-Mercury

##### **Mich. Admin. Code R 336.2501** Definitions {#sec-r-336.2501 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.2501}

DEPARTMENT OF ENVIRONMENTAL QUALITY

AIR QUALITY DIVISION

PART 15. EMISSION LIMITATIONS AND PROHIBITIONS - MERCURY

(By authority conferred on the director of the department of environmental quality by sections 5503 and 5512 of 1994 PA 451, MCL 324.5503 and 324.5512.

PART 15. EMISSION LIMITATIONS AND PROHIBITIONS-MERCURY

Rule 1501. The following definitions apply to terms used in this part:

(a) "Affected EGU" means any stationary coal-fired electric generating unit serving at any time, since the start-up of a unit's combustion chamber, a generator with nameplate capacity of more than 25 megawatts producing electricity for sale.

(b) "Automated data acquisition and handling system" or "DAHS" means that component of the continuous emission monitoring system (CEMS), or other emissions monitoring system approved for use by the department, designed to interpret and convert individual output signals from pollutant concentration monitors, flow monitors, diluent gas monitors, and other component parts of the monitoring system to produce a continuous record of the measured parameters in the measurement units for mercury.

(c) "Boiler" means an enclosed fossil fuel-fired or other fuel-fired combustion device used to produce heat and to transfer heat to recirculating water, steam, or other medium.

(d) "Bottom-cycling cogeneration unit" means a cogeneration unit in which the energy input to the unit is first used to produce useful thermal energy and at least some of the reject heat from the useful thermal energy application or process is then used for electricity production.

(e) "Coal" means any solid fuel classified as anthracite, bituminous, subbituminous, or lignite by the ASTM standard specification for classification of coals by rank D388-77, 90, 91, 95, 98a, or 99.

(f) "Coal-derived fuel" means any fuel (whether in a solid, liquid, or gaseous state) produced by the mechanical, thermal, or chemical processing of coal.

(g) "Coal-fired" means combusting any amount of coal or coal-derived fuel, alone or in combination with any amount of any other fuel, during any year.

(h) "Coal-fired electric utility steam generating unit" means an electric utility steam generating unit that burns coal, coal refuse, or a synthetic gas derived from coal either exclusively, in any combination together, or in any combination with other fuels in any amount.

(i) "Cogeneration unit" means a stationary, fossil fuel-fired boiler doing both of the following:

(i) Having equipment used to produce electricity and useful thermal energy for industrial, commercial, heating, or cooling purposes through the sequential use of energy.

(ii) Producing the following during the 12-month period starting on the date the unit first produces electricity and during any calendar year after the calendar year in which the unit first produces electricity:

(A) For a topping-cycle cogeneration unit, both of the following apply:

(1) Useful thermal energy not less than 5% of total energy output.

(2) Useful power that, when added to 1/2 of useful thermal energy produced, is not less then 42.5% of total energy input from fossil fuel, if useful thermal energy produced is 15% or more of total energy output, or not less than 45% of total energy input from fossil fuel, if useful thermal energy produced is less than 15% of total energy output.

(B) For a bottoming-cycle cogeneration unit, useful power not less than 45% of total energy input from fossil fuel.

(iii) Provided that the total energy input under paragraph (ii)(A)(2) and (B) of this rule shall equal the unit's total energy input from all fuel except biomass if the unit is a boiler.

(j) "Combustion turbine" means both of the following:

(i) An enclosed device comprising a compressor, a combustion, and a turbine and in which the flue gas resulting from the combustion of fuel in the combustion passes through the turbine, rotating the turbine.

(ii) If the enclosed device under paragraph (i) of this rule is combined cycle, any associated heat recovery steam generator and steam turbine.

(k) "Commence operation" means to have begun any mechanical, chemical, or electronic process, including, with regard to a unit, start-up of a unit's combustion chamber.

(l) "Common stack" means a single flue through which emissions from 2 or more units are exhausted.

(m) "Compliance year" means the 12-month rolling time period for which a mercury emission limitation under this part is in effect.

(n) "Continuous emission monitoring system" or "CEMS" means the equipment required to sample, analyze, measure, and provide, by means of readings recorded at least once every 15 minutes, using an automated data acquisition and handling system (DAHS), a permanent record of mercury emissions, stack gas volumetric flow rate, stack gas moisture content, and oxygen or carbon dioxide concentration, as applicable. The following systems are the principal types of CEMS:

(i) A flow monitoring system, consisting of a stack flow rate monitor and an automated data acquisition and handling system and providing a permanent, continuous record of stack gas volumetric flow rate, in units of standard cubic feet per hour (scfh).

(ii) A mercury concentration monitoring system, consisting of a mercury pollutant concentration monitor and an automated data acquisition and handling system and providing a permanent, continuous record of mercury emissions in units of micrograms per dry standard cubic meter (μg/dscm).

(iii) A moisture monitoring system, as defined in 40 C.F.R. §75.11(b)(2), adopted by reference in R 336.1802a, and providing a permanent, continuous record of the stack gas moisture content, in percent water.

(iv) A carbon dioxide monitoring system, consisting of a carbon dioxide concentration monitor (or an oxygen monitor plus suitable mathematical equations from which the carbon dioxide concentration is derived) and an automated data acquisition and handling system and providing a permanent, continuous record of carbon dioxide emissions, in percent carbon dioxide.

(v) An oxygen monitoring system, consisting of an oxygen concentration monitor and an automated data acquisition and handling system and providing a permanent, continuous record of oxygen, in percent oxygen.

(o) "Electric generating unit" or "EGU" means the following:

(i) Except as provided in paragraph (ii) of this subdivision, a stationary, fossil fuel-fired boiler or stationary, fossil fuel-fired combustion turbine serving at any time, since the startup of the unit's combustion chamber, a generator with nameplate capacity of more than 25 megawatts producing electricity for sale.

(ii) For a unit that qualifies as a cogeneration unit during the 12-month period starting on the date the unit first produces electricity and continues to qualify as a cogeneration unit, a cogeneration unit serving at any time a generator with nameplate capacity of more than 25 megawatts and supplying in any calendar year more than 1/3 of the unit's potential electric output capacity or 219,000 megawatt-hour, whichever is greater, to any utility power distribution system for sale. If a unit qualifies as a cogeneration unit during the 12-month period starting on the date the unit first produces electricity, but subsequently no longer qualifies as a cogeneration unit, then the unit shall be subject to paragraph (i) of this subdivision starting on the day on which the unit first no longer qualifies as a cogeneration unit.

(p) "Existing EGU" means an affected EGU constructed or reconstructed on or before May 3, 2011, and is therefore not a new EGU.

(q) “Federal MATS” means the federal Mercury and Air Toxics Standards, 40 C.F.R., part 63, subpart UUUUU, “National Emission Standards for Hazardous Air Pollutants: Coal- and Oil-Fired Electric Utility Steam Generating Units” (2012), adopted by reference in R 336.2502.

(r) "Generator" means a device that produces electricity.

(s) "Gross electric output" means electricity made available for use, including any electricity used in the power production process, which process includes, but is not limited to, any on-site processing or treatment of fuel combusted at the unit and any on-site emission controls.

(t) "Heat input rate" means the amount of heat input (in million British thermal units) divided by unit operating time (in hours) or, with regard to a specific fuel, the amount of heat input attributed to the fuel (in million British thermal units) divided by the unit operating time (in hours) during which the unit combusts the fuel.

(u) "Input mercury" means the amount of mercury that is contained in the coal, coalderived fuel, and any other fuel combusted within an electric generating unit.

(v) "Maximum design heat input" means, starting from the initial installation of a unit, the maximum amount of fuel per hour (in Btu/hour) that a unit is capable of combusting on a steady-state basis as specified by the manufacturer of the unit, or, starting from the completion of any subsequent physical change in the unit resulting in a decrease in the maximum amount of fuel per hour (in Btu per hour, Btu/hour) that a unit is capable of combusting on a steady-state basis, such decreased maximum amount as specified by the person conducting the physical change.

(w) "Mercury emission control" means equipment installed exclusively to decrease the emissions of mercury from an affected EGU.

(x) "Mercury pretreatment credit" means the percent of mercury removed due to coal washing or cleaning under R 336.2505.

(y) "Monitoring system" means any monitoring system, including a continuous emissions monitoring system, an alternative monitoring system, or an accepted monitoring system approved by the department.

(z) "Multi-pollutant compliance demonstration project" means an emission control strategy that achieves significant reductions or that maintains significant reductions in oxides of nitrogen, sulfur dioxide, and mercury using acceptable emission control equipment such as, but not limited to, selective catalytic reduction which is expected to achieve 85 to 90% reduction in oxides of nitrogen and flue gas desulfurization which is expected to achieve 85 to 95% reduction in sulfur dioxide.

(aa) "Nameplate capacity" means starting from the initial installation of a generator, the maximum electrical generating output (in megawatts) that the generator is capable of producing on a steady-state basis and during continuous operation, when not restricted by seasonal or other derates, as specified by the manufacturer of the generator or, starting from the completion of any subsequent physical change in the generator resulting in an increase in the maximum electrical generating output (in megawatts) that the generator is capable of producing on a steady-state basis and during continuous operation, when not restricted by seasonal or other derates, such increased maximum amount as specified by the person conducting the physical change.

(bb) "New EGU" means an affected EGU constructed or reconstructed after May 3, 2011.

(cc) "Operator" means any person who operates, controls, or supervises an EGU or a stationary source with 1 or more EGUs and shall include, but not be limited to, any holding company, utility system, or plant manager of such unit or stationary source.

(dd) "Output-based emissions standard" means a maximum allowable rate of emissions of mercury per unit of gross electric output from an electric generating unit.

(ee) "Owner" means any of the following persons with regard to an affected EGU or an affected EGU at a stationary source, respectively:

(i) Any holder of any portion of the legal or equitable title in an affected EGU at the stationary source or an affected EGU.

(ii) Any holder of a leasehold interest in an affected EGU at the stationary source or an affected EGU.

(ff) "Reference method" means any direct test method of sampling and analyzing for an air pollutant.

(gg) "Retired unit" means any EGU that has permanently been disabled and no longer has the ability to generate electricity. For the unit to re-start operations, it shall undergo new source review under R 336.1201.

(hh) "Sequential use of energy" means either of the following:

(i) For a topping-cycle cogeneration unit, the use of reject heat from electricity production in a useful thermal energy application or process.

(ii) For a bottoming-cycle cogeneration unit, the use of reject heat from useful thermal energy application or process in electricity production.

(ii) "Source-wide averaging" means the average of all mercury emissions from 2 or more affected EGUs at a single stationary source is less than or equal to the average of the mercury emission limits for the affected EGUs at the stationary source that are participating in averaging.

(jj) "Source-wide pooling" means the sum of all mercury emissions from 2 or more affected EGUs at a single stationary source is less than or equal to the sum of the mercury emission limits for the affected EGUs at the stationary source that are participating in pooling.

(kk) "Submit" means to send or transmit a document, information, or correspondence to the person specified according to the applicable regulation by any of the following:

(i) In person.

(ii) By United States Postal Service.

(iii) By other means of dispatch or transmission and delivery. Compliance with any "submission" deadline shall be determined by the date of dispatch, transmission, or mailing and not the date of receipt.

(ll) "Topping-cycle cogeneration unit" means a cogeneration unit in which the energy input to the unit is first used to produce useful power, including electricity, and at least some of the reject heat from the electricity production is then used to provide useful thermal energy.

(mm) "Total energy input" means, with regard to a cogeneration unit, total energy of all forms supplied to the cogeneration unit, excluding energy produced by the cogeneration unit itself.

(nn) "Total energy output" means, with regard to a cogeneration unit, the sum of useful power and useful thermal energy produced by the cogeneration unit.

(oo) "Unit" means a stationary coal-fired boiler or a stationary coal-fired combustion turbine.

(pp) "Unit operating day" means a calendar day in which a unit combusts any fuel.

(qq) "Unit operating hour or hour of unit operation" means an hour in which a unit combusts any fuel.

(rr) "Useful power" means, with regard to a cogeneration unit, electricity or mechanical energy made available for use, excluding any such energy used in the power production process, which includes any on-site processing or treatment of fuel combusted at the unit and any on-site emission controls.

(ss) "Useful thermal energy" means, with regard to a cogeneration unit, thermal energy that is made available to an industrial or commercial process, not a power production process, excluding any heat contained in condensate return or makeup water, and is 1 or both of the following:

(i) Used in a heat application, for example, space heating or domestic hot water heating.

(ii) Used in a space cooling application, for example, thermal energy used by an absorption chiller.

(tt) "Utility power distribution system" means the portion of an electricity grid owned or operated by a utility and dedicated to delivering electricity to customers.

(uu) "Very low mass emitting unit" or "VLME unit" means an existing EGU that is limited to 9 pounds or less of mercury per 12-month rolling time period.

**History**
- *History: 2009 AACS; 2013 AACS.*

##### **Mich. Admin. Code R 336.2502** Adoptions by reference {#sec-r-336.2502 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.2502}

Rule 1502. The following standards are adopted in these rules by reference and are available as noted.: Title 40 C.F.R., part 63, subpart UUUUU, “National Emission Standards for Hazardous Air Pollutants: Coal – and Oil – Fired Electric Utility Steam Generating Units” (2012). Copies are available for inspection and purchase at the Air Quality Division, Department of Environmental Quality, 525 West Allegan Street, P.O.

Box 30260, Lansing, Michigan 48909-7760, at the cost at the time of adoption of these rules (AQD price $50.00). Copies may also be obtained from the Superintendent of Documents, U.S. Government Printing Office, 732 North Capitol Street, NW, Washington, DC 20401, by calling 1-866-512-1800 or by accessing their online bookstore at http://bookstore.gpo.gov at a cost as of the time of adoption of these rules (GPO price $40.00 for part 63(63.9980-63.10042)). The standards can be viewed and/or printed free of charge at http://ecfr.gpoaccess.gov.

**History**
- *History: 2009 AACS; 2013 AACS.*

##### **Mich. Admin. Code R 336.2502a** Applicability of rules {#sec-r-336.2502a omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.2502a}

Rule 1502a. (1) The following rules shall be of no force or effect as to affected EGUs for which the federal MATS is an applicable requirement relative to emissions of mercury:

R 336.2503 to R 336.2513. Notwithstanding, the department shall retain the authority for approvals under R 336.2503(2)(b), R 336.2504(3)(b), R 336.2506(2) and (4), and R 336.2513(1)(b).

(2) If the federal MATS ceases to be an applicable requirement as to affected EGUs, R 336.2503 to R 336.2513 shall be in force and effect beginning with the third calendar month following the termination of the federal MATS as an applicable requirement or April 16, 2015, whichever is later.

(3) The provisions of this part are repealed in total and voided 60 days after the entry of a final judgment or order from which no further appeal or review is taken or available in White Stallion v EPA, No. 12-1100 (D.C. Circuit) upholding the provisions of the federal MATS relative to emissions of mercury.

**History**
- *History: 2013 AACS.*

##### **Mich. Admin. Code R 336.2503** Mercury emission standards for electric generating units {#sec-r-336.2503 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.2503}

Rule 1503. (1) Unless the federal MATS is an applicable requirement, beginning April 16, 2015, an affected existing EGU as defined in this part shall meet either of the following, unless projects have been approved under subrule (2) or (3) of this rule:

(a) A minimum of 90% reduction from baseline input mercury levels as determined under R 336.2505 on a 12-month rolling average basis as determined at the end of each calendar month.

(b) An output-based emission standard of 0.008 pounds of mercury per gigawatts-hour on a 12-month rolling average basis as determined at the end of each calendar month.

(2) As an alternative to the provisions in subrule (1) of this rule, a multi-pollutant compliance demonstration project for an existing EGU may be implemented. This shall at minimum include all of the following:

(a) The owner or operator of an existing EGU shall submit a multi-pollutant compliance demonstration project plan not later than the end of June before the applicable compliance year. The plan shall include, at a minimum, a description of the multi-pollutant emission controls, multi-pollutant emissions data, multi-pollutant emissions reductions, and compliance schedules.

(b) The plan shall be subject to the review and approval of the department. Department approval of an alternative mercury emission standard shall be based on the information submitted. To be approved, the multi-pollutant compliance demonstration project plan must establish a minimum of 75% reduction from baseline input mercury levels on a 12month rolling average basis as determined at the end of each calendar month for the individual EGU. If the department determines the plan does not meet the definition of a multi-pollutant compliance demonstration project, then the department will make a determination on the plan in writing. If the plan is unacceptable, the department shall state the reasons for disapproval and require the existing EGU to comply with the provisions of subrule (1) of this rule.

(3) An existing EGU that is limited to emit 9 pounds (144 ounces) of mercury per 12month rolling time period as determined at the end of each calendar month as a VLME unit shall be excluded from the provisions in subrule (1) of this rule, provided an alternative compliance demonstration project meeting the criteria of R 336.2513 is implemented. A maximum of 3 existing EGUs at the same stationary source may be VLME units.

(4) Compliance with the provisions of subrules (1) and (3) of this rule may be demonstrated using either of the following methods:

(a) Compliance on an EGU-by-EGU basis.

(b) Stationary source-wide averaging or source-wide pooling of emissions across affected EGUs under control of the same operator or owner.

(5) New EGUs shall not cause or allow the emission of mercury in excess of the maximum allowable emission rate based on the application of best available control technology for mercury. At a minimum, a new EGU shall comply with 90% reduction from input mercury levels on a 12-month rolling average basis as determined at the end of each calendar month or an output-based emission standard of 0.008 pounds of mercury per gigawatt-hour on a 12-month rolling average basis as determined at the end of each calendar month.

(6) By January 16 of the applicable compliance year, the owner or operator for each affected EGU shall submit and certify a compliance demonstration notification to demonstrate compliance with subrules (1), (2), (3), or (5) of this rule. The compliance demonstration notification shall be submitted according to R 336.2509. Adjustments may be made to the compliance method under subrules (1), (2), and (3), and for source-wide averaging or source-wide pooling of EGUs under subrule (4) of this rule up to April 15 before beginning the applicable compliance year via addendum to a certified compliance demonstration notification.

(7) The installation of mercury emission controls shall not be considered a physical change or a change in the method of operation at an affected EGU if the addition of the mercury emission control will not result in emissions that exceed any emission rate otherwise allowable under state or federal requirements.

**History**
- *History: 2009 AACS; 2013 AACS.*

##### **Mich. Admin. Code R 336.2504** Stationary source specific mercury emission standards {#sec-r-336.2504 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.2504}

Rule 1504. (1) This rule provides for stationary source specific mercury emissions standards unless the federal MATS is an applicable requirement.

(2) Lansing board of water and light, eckert power station, units 1, 2, 3, 4, 5, and 6 shall be provided the following extension to the provisions in R 336.2503(1):

(a) Beginning April 16, 2015, Lansing board of water and light, eckert power station, units 1, 2, and 3 shall comply with the VLME unit provisions under R 336.2503(3) and units 4, 5, and 6 shall each receive a mercury emission limit of 19 pounds (304 ounces) per 12-month rolling time period as determined at the end of each calendar month.

(b) Beginning April 16, 2015, the total mercury emission limit for Lansing board of water and light, eckert power station, affected existing EGUs shall be 84 pounds (1,344 ounces) per 12-month rolling time period as determined at the end of each calendar month.

(c) Beginning April 16, 2018, the total mercury emission limit for Lansing board of water and light, eckert power station, affected existing EGUs shall be 57 pounds (912 ounces) per 12-month rolling time period as determined at the end of each calendar month.

(d) Compliance with the mercury emission limits may be demonstrated using stationary source-wide pooling.

(e) Not later than January 16 of the applicable compliance year, Lansing Board of water and light eckert power station shall provide verification and certification of their proposed compliance demonstration notification extension using written documentation under R 336.2509.

(f) If the owner or operator for Lansing board of water and light, eckert power station, units 1, 2, 3, 4, 5, and 6 has obtained an extension of compliance for the federal MATS pursuant to 40 C.F.R. 63.6(i), adopted by reference in R 336.1902, then the requirements in subdivisions (a), (b), and (c) of this subrule are suspended for the duration of the extension of compliance regardless of whether the federal MATS is an applicable requirement.

(3) As an alternative to R 336.2503(1) or (3), the city of Marquette, shiras unit 3, and Michigan south central power agency, endicott unit 1, may request on a case-by-case basis, an alternative mercury standard as follows:

(a) The owner or operator of the existing EGU shall submit a demonstration of best available control technology for mercury at an existing EGU not later than the end of December before the applicable compliance year. The demonstration shall include, at a minimum, a description of the mercury emission controls, mercury emissions data, and mercury emissions reductions.

(b) The demonstration shall be subject to the review and approval of the department. The department approval of an alternative mercury emission standard shall be based on the information submitted. If the department determines the alternative mercury emission standard does not demonstrate best available control technology for mercury at an existing EGU, then the department may disapprove the plan in writing, stating its reasons for disapproval, and require the existing EGU to comply with R 336.2503(1) or (3).

(c) If the owner or operator for the city of Marquette, shiras unit 3, or the owner or operator for Michigan south central power agency, endicott unit 1, has obtained an extension of compliance for the federal MATS pursuant to 40 C.F.R. 63.6(i), adopted by reference in R 336.1902, then the requirements in subdivision (a) and (b) of this subrule are suspended for the duration of the extension of compliance regardless of whether the federal MATS is an applicable requirement.

**History**
- *History: 2009 AACS; 2013 AACS.*

##### **Mich. Admin. Code R 336.2505** Baseline and coal analysis for input mercury levels {#sec-r-336.2505 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.2505}

Rule 1505. (1) The default baseline coal and fuel analysis for input mercury levels shall be based on the data collected for the 1999 information collection request (ICR) as required by and submitted to the United States environmental protection agency.

(2) The owner or operator of an affected EGU complying with this part may submit a coal and other fuel sampling plan to determine alternative input mercury baseline levels for the fuels burned on an annual basis. The coal and other fuel sampling plan shall include sampling for a minimum of 12 months of operation and may include a determination for a mercury pretreatment credit. Both of the following apply:

(a) The coal and other fuel sampling plan is subject to the review and approval of the department. If the department determines the plan does not contain adequate sampling methodologies, then the department may disapprove the plan, state its reasons for disapproval, and require the affected EGU to revert to the baseline as determined under subrule (1) of this rule.

(b) Within 180 days after the department approves a coal and other fuel sampling plan, the owner or operator of the EGU shall implement the plan.

(3) If subrule (2) of this rule is utilized for new EGUs, the owner or operator may sample to determine the baseline during the first 12 months after commencement of operation provided a coal and other fuel sampling plan is submitted to the department and is acceptable.

**History**
- *History: 2009 AACS; 2013 AACS.*

##### **Mich. Admin. Code R 336.2506** Extensions to mercury emission standards {#sec-r-336.2506 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.2506}

Rule 1506. (1) The owner or operator of an affected EGU may request, in writing, an extension, as described below, to the provisions in R 336.2503(1), (2), or (3) which are effective April 16, 2015. An extension approved by the department will expire on April 15, 2016, or earlier as determined by the department, unless a renewal is granted as specified in subrule (4) of this rule or the extension is granted as specified in subrule (7) of this rule.

(a) The owner or operator of an existing EGU shall submit an administratively complete extension request not later than the end of June, before the applicable compliance year.

(b) An administratively complete request shall include, at a minimum, information on the mercury emission control technologies installed to comply with R 336.2503(1), (2), or (3) a proposed compliance program.

(2) The department shall review and may approve an extension request and compliance program based on the information submitted. The department may disapprove the extension request, state its reasons for disapproval, and require compliance with R 336.2503(1), (2), or (3).

(3) Affected EGUs using an approved extension demonstration, shall demonstrate compliance on an EGU-by-EGU basis.

(4) The owner or operator of an existing EGU may petition the department to renew an extension granted by subrule (2) of this rule beyond April 15, 2016, as follows:

(a) The petition shall be submitted not later than the end of December, before the applicable compliance year. This renewal is subject to approval by the department. In review of the petition for an extension, the department shall consider the information previously submitted under subrule (1) of this rule and any other relevant information submitted by the owner or operator. The renewal shall be for not greater than a 3-year period, subject to review by the department.

(b) The petition shall include an addendum to the compliance program in an approved extension and demonstrate how the owner failed to meet the compliance program and a proposed corrective action plan to meet the provisions in R 336.2503(1), (2), or (3).

(5) Not later than January 16 of the applicable compliance year, a participating EGU shall provide verification and certification to modify its proposed compliance demonstration notification as an extension using written documentation under R 336.2509.

(6) An extension shall not be issued if it will result in a violation of federal laws or regulations.

(7) If the owner or operator of an affected EGU has obtained an extension of compliance for the federal MATS pursuant to 40 C.F.R. 63.6(i), adopted by reference in R 336.1902, then the owner or operator of the affected EGU shall have obtained an extension under this rule for the duration of the extension of compliance, regardless of whether the federal MATS is an applicable requirement.

**History**
- *History: 2009 AACS; 2013 AACS.*

##### **Mich. Admin. Code R 336.2507** Rescinded {#sec-r-336.2507 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.2507}

**History**
- *History: 2009 AACS; 2013 AACS.*

##### **Mich. Admin. Code R 336.2508** Eligibility provisions and prohibitions for mercury program {#sec-r-336.2508 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.2508}

Rule 1508. (1) For mercury emissions to be eligible for source-wide averaging or sourcewide pooling in a 12-month rolling average basis or time period as determined at the end of each calendar month, the emissions must be generated in the same month.

(2) If source-wide averaging or source-wide pooling is used under R 336.2503(4)(b) in the compliance demonstration plan, the effect of a failure to demonstrate compliance with the cumulative mercury emission limit will be that the compliance status of each EGU must be determined on an individual basis, as if no averaging or pooling plan existed.

(3) Mercury emissions from an affected EGU, under R 336.2503(4), may only be averaged or pooled within a single compliance demonstration plan per 12-month rolling average basis or time period as determined at the end of each calendar month.

(4) Mercury emission limits received as part of an approved multi-pollutant compliance demonstration project, an extension demonstration, and for new EGUs shall not be available for the averaging or pooling methods allowed under R 336.2503(4)(b).

(5) For the Lansing Board of Water and Light, Eckert Power Station affected existing EGUs, the result of a failure to demonstrate compliance with the cumulative mercury emission limit will be that the compliance status of each EGU must be determined on an individual basis, as if no stationary source-wide pooling plan existed under R 336.2504(2)(d).

**History**
- *History: 2009 AACS; 2013 AACS.*

##### **Mich. Admin. Code R 336.2509** Mercury compliance demonstration {#sec-r-336.2509 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.2509}

Rule 1509. (1) Not later than January 16 of the applicable compliance year, the owner or operator for each affected EGU shall submit the proposed compliance demonstration notification to the department meeting the notification requirements in 40 C.F.R. 63.9, adopted by reference in R 336.1902.

(2) For each affected EGUs, the submittal shall also include all of the following information:

(a) The emission rates with supporting calculations projected to be achieved in pounds or ounces per compliance year.

(b) Identification of any affected EGUs to be included in a source-wide averaging or source-wide pooling plan.

(3) The submittal shall be accompanied by a certification from the owner or operator that, to the best of the owner’s or operator’s knowledge, the information contained is true, accurate, and complete.

(4) The compliance demonstration notification submitted to the department shall become a legally enforceable requirement effective April 16 of the applicable compliance year.

**History**
- *History: 2009 AACS; 2013 AACS.*

##### **Mich. Admin. Code R 336.2510** Mercury emissions testing, monitoring, recordkeeping, and reporting {#sec-r-336.2510 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.2510}

Rule 1510. (1) Compliance with the mercury emission standards for each affected EGU under these rules shall be demonstrated using the testing, monitoring, recordkeeping, and reporting requirements of R 336.2001, R 336.2004, R 336.2104, R 336.2150, R 336.2156, R 336.2157, R 336.2158, R 336.2160, and R 336.2161 using calculation methodologies acceptable to the department.

(2) Performance tests required by subrule (1) of this rule shall be conducted within 60 days following receipt of written notification from the department, unless otherwise authorized by the department. All of the following apply:

(a) Performance tests shall be conducted and data reduced according to the reference test methods in R 336.2004.

(b) Not less than 7 days before performance tests are conducted, the owner or operator, or his or her authorized agent, shall notify the department, in writing, of the time and place of the performance tests and who shall conduct them. A representative of the department shall have the opportunity to witness these tests.

(c) Results of performance tests shall be submitted to the department in the format prescribed by the applicable reference test method within 60 days after the last date of the test.

(3) Monitoring required by subrule (1) of this rule shall measure mercury emissions with a continuous emission monitoring system; an alternate method described in 40 C.F.R. part 60 or 75, adopted by reference in R 336.1802a, and acceptable to the department; or a method currently in use and acceptable to the department. The following apply:

(a) An owner or operator of an affected EGU shall install, certify, and maintain monitoring not later than April 16, 2015.

(b) An owner or operator of an affected EGU shall comply with the quality assurance procedures in R 336.2157.

(4) Recordkeeping shall include all data and calculations necessary to make compliance determinations in accordance with subrule (1) of this rule. Such recordkeeping shall be maintained at the EGU or other location and shall be kept in a manner acceptable to the department. The records shall be maintained for not less than 5 years after the date of expiration of the compliance demonstration plan.

(5) Reporting required by subrule (1) of this rule, as specified by the department, shall be submitted to the department as follows:

(a) Beginning April 30, 2015, and 30 days after the end of each calendar quarter thereafter, the owner or operator of each affected EGU shall submit a certified compliance report to the department with the following information:

(i) Mercury emissions for the current quarter and total for the 12-month rolling average basis or time period as determined at the end of each calendar month for each EGU.

(ii) Heat input for the current quarter and cumulative heat input for the total 12-month rolling average basis or time period as determined at the end of each calendar month.

(iii) Gross electric output for the current quarter and cumulative output for the 12-month rolling average basis as determined at the end of each calendar month for each EGU that demonstrates compliance using an output-based emission standard.

(iv) Any of the following that applies based on method of compliance:

(A) Calculations used to determine mass emissions based on stack test data.

(B) Calculations used to determine mass emissions based on sorbent trap data.

(b) In addition, the report shall include the following information using the format in 40 C.F.R. §60.7, adopted by reference in R 336.1802a:

(i) The date, time, magnitude of emissions and emission rates where applicable, of the affected EGU.

(ii) If emissions or emission rates exceed the emissions or rates allowed by the applicable emission limit, the cause, if known, and any corrective action taken.

(iii) The total operating time of the affected EGU during the quarter and the applicable compliance year.

(iv) For continuous emission monitoring systems, system performance information shall include the date and time of each period during which the continuous monitoring system was inoperative, except for zero and span checks, and the nature of the system repairs or adjustments. If the continuous monitoring system has not been inoperative, repaired, or adjusted, then that information shall be stated in the report.

**History**
- *History: 2009 AACS; 2013 AACS.*

##### **Mich. Admin. Code R 336.2511** Reserved {#sec-r-336.2511 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.2511}

**History**
- *History: 2009 AACS.*

##### **Mich. Admin. Code R 336.2512** Rescinded {#sec-r-336.2512 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.2512}

**History**
- *History: 2009 AACS; 2013 AACS.*

##### **Mich. Admin. Code R 336.2513** Alternative compliance demonstration project for VLME units {#sec-r-336.2513 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.2513}

Rule 1513. (1) Existing EGUs that qualify as VLME units shall implement an approved alternative compliance demonstration project under R 336.2503(3), as approved by the department, in lieu of complying with the requirements under R 336.2503(1), effective April 16, 2015. Both of the following apply:

(a) The owner or operator of a VLME unit shall submit a plan for alternative compliance demonstration projects not later than the end of June before the applicable compliance year.

The plan shall include, at a minimum, a description of the alternative mercury reduction/management systems, community outreach and education programs, project goals or reduction targets, and compliance tracking systems. A demonstration project of a mercury-specific emission control technology that has been implemented 3 years prior to April 16, 2015 may qualify as the minimum plan requirement.

(b) The plan shall be subject to the review and approval of the department. The department may disapprove the plan, state its reasons for disapproval, and require the existing EGU to demonstrate compliance with 1 of the other methods under R 336.2503(1) or (2) for the applicable compliance year.

(2) The owner or operator shall submit an annual progress report regarding the alternative compliance demonstration projects for each participating EGU not later than February 2 following each compliance year. The progress records shall be kept in a format acceptable to the department. All records shall be kept on file for a period of at least 5 years and made available to the department upon request.

(3) In addition, not later than January 16 of the applicable compliance year, the owner or operator shall submit a compliance demonstration notification as required under R 336.2509.

**History**
- *History: 2009 AACS; 2013 AACS.*

##### **Mich. Admin. Code R 336.2514** Rescinded {#sec-r-336.2514 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.2514}

**History**
- *History: 2009 AACS; 2013 AACS.*

### **R 336.2801 to R 336.2823** Part 18. Prevention of Significant Deterioration of Air Quality

##### **Mich. Admin. Code R 336.2801** Definitions {#sec-r-336.2801 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.2801}

MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY

AIR QUALITY DIVISION

PART 18. PREVENTION OF SIGNIFICANT DETERIORATION OF AIR

QUALITY

(By authority conferred on the director of the department of environmental quality by MCL 324.5503 and MCL 324.5512)

PART 18. PREVENTION OF SIGNIFICANT DETERIORATION OF AIR

QUALITY

Rule 1801. The following definitions apply to terms used in this part. If a term defined in this part is also defined elsewhere in the rules, then the definition contained here applies for this part only.

(a) “Actual emissions” means the actual rate of emissions of a regulated new source review pollutant from an emissions unit, as determined under R 336.1101(b), except that this definition shall not apply for calculating whether a significant emissions increase has occurred, or for establishing a plant wide applicability limit under R 336.2823. Instead, the terms “projected actual emissions” and “baseline actual emissions” shall apply for those purposes.

(b) “Baseline actual emissions” means the rate of emissions, in tons per year, of a regulated new source review pollutant, as determined by the following:

(i) For any existing electric utility steam generating unit, baseline actual emissions means the average rate, in tons per year, at which the unit actually emitted the pollutant during any consecutive 24-month period selected by the owner or operator within the 5year period immediately preceding when the owner or operator begins actual construction of the project. The department shall allow the use of a different time period upon a determination that it is more representative of normal source operation. All of the following provisions apply:

(A) The average rate shall include fugitive emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions.

(B) The average rate shall be adjusted downward to exclude any noncompliant emissions that occurred while the source was operating above an emission limitation that was legally enforceable during the consecutive 24-month period.

(C) For a regulated new source review pollutant, if a project involves multiple emissions units, then only 1 consecutive 24-month period shall be used to determine the baseline actual emissions for the emissions units being changed. A different consecutive 24-month period may be used for each regulated new source review pollutant.

(D) The average rate shall not be based on any consecutive 24-month period for which there is inadequate information for determining annual emissions, in tons per year, and for adjusting this amount if required by paragraph (i)(B) of this subdivision.

(ii) For an existing emissions unit, other than an electric utility steam generating unit, baseline actual emissions means the average rate, in tons per year, at which the emissions unit actually emitted the pollutant during any consecutive 24-month period selected by the owner or operator within the 10-year period immediately preceding either the date the owner or operator begins actual construction of the project, or the date a complete permit application is received by the department for a permit required by R 336.1201, whichever is earlier, except that the 10-year period shall not include any period earlier than November 15, 1990. All of the following provisions apply:

(A) The average rate shall include fugitive emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions.

(C) The average rate shall be adjusted downward to exclude emissions that would have exceeded an emission limitation with which the major stationary source must currently comply, had such major stationary source been required to comply with such limitations during the consecutive 24-month period. However, if an emission limitation is part of a maximum achievable control technology standard that the United States environmental protection agency proposed or promulgated under 40 C.F.R. part 63, adopted by reference in R 336.1902, then the baseline actual emissions need only be adjusted if the state has taken credit for such emissions reductions in an attainment demonstration or maintenance plan submitted to the U.S. environmental protection agency.

(D) For a regulated new source review pollutant, if a project involves multiple emissions units, then only 1 consecutive 24-month period shall be used to determine the baseline actual emissions for the emissions units being changed. A different consecutive 24-month period may be used for each regulated new source review pollutant.

(E) The average rate shall not be based on any consecutive 24-month period for which there is inadequate information for determining annual emissions, in tons per year, and for adjusting this amount if required by subparagraphs (B) and (C) of this paragraph.

(iii) For a new emissions unit, the baseline actual emissions for purposes of determining the emissions increase that will result from the initial construction and operation of such unit shall equal zero; and thereafter, for all other purposes, shall equal the unit's potential to emit.

(iv) For a plant wide applicability limit for a stationary source, the baseline actual emissions shall be calculated for existing electric utility steam generating units under paragraph (i) of this subdivision, for other existing emissions units under paragraph (ii) of this subdivision, and for a new emissions unit under paragraph (iii) of this subdivision.

(i) Any intrastate area, and every part thereof, designated as attainment or unclassifiable under section 107(d) of the clean air act in which the major source or major modification establishing the minor source baseline date would construct or would have an annual average air quality impact equal to or greater than 1 microgram per cubic meter for sulfur dioxide, oxides of nitrogen, or PM-10, or 0.3 microgram per cubic meter for PM 2.5 of the pollutant for which the minor source baseline date is established.

(ii) Area redesignations under section 107(d) of the clean air act shall not intersect or be smaller than the area of impact of any major stationary source or major modification which does either of the following:

(A) Establishes a minor source baseline date.

(B) Is subject to PSD regulations or new source review for major sources in nonattainment areas regulations.

(iii) Any baseline area established originally for the total suspended particulates increments shall remain in effect and shall apply for purposes of determining the amount of available PM-10 increments, except that the baseline area shall not remain in effect if the department rescinds the corresponding minor source baseline date under subdivision (bb)(iv) of this rule.

(d) “Baseline concentration” means the value derived using the following procedures:

(i) The ambient concentration level that exists in the baseline area at the time of the applicable minor source baseline date. A baseline concentration is determined for each pollutant for which a minor source baseline date is established and shall include both of the following:

(A) The actual emissions representative of sources in existence on the applicable minor source baseline date.

(B) The allowable emissions of major stationary sources that commenced construction before the major source baseline date, but were not in operation by the applicable minor source baseline date.

(ii) The following shall not be included in the baseline concentration and shall affect the applicable maximum allowable increase:

(A) Actual emissions from any major stationary source on which construction commenced after the major source baseline date.

(B) Actual emissions increases and decreases at any stationary source occurring after the minor source baseline date.

(e) “Begin actual construction” means, in general, initiation of physical on-site construction activities on an emissions unit which are of a permanent nature. Such activities include, but are not limited to, installation of building supports and foundations, laying of underground pipework, and construction of permanent storage structures. “A change in method of operation” refers to those on-site activities, other than preparatory activities, which mark the initiation of the change.

(f) “Best available control technology” or “BACT” means an emissions limitation, including a visible emissions standard, based on the maximum degree of reduction for each regulated new source review pollutant, which would be emitted from any proposed major stationary source or major modification which the department -- on a case-by-case basis, taking into account energy, environmental, and economic impacts and other costs -determines is achievable for such source or modification through application of production processes or available methods, systems, and techniques, including fuel cleaning or treatment or innovative fuel combination techniques for control of the pollutant.

Application of best available control technology shall not result in emissions of any pollutant which would exceed the emissions allowed by any applicable standard under 40 C.F.R. parts 60 and 61, adopted by reference in R 336.1902. If the department determines that technological or economic limitations on the application of measurement methodology to a particular emissions unit would make the imposition of an emissions standard infeasible, then a design, equipment, work practice, operational standard, or combination thereof, may be prescribed instead to satisfy the requirement for the application of best available control technology. The standard shall, to the degree possible, set forth the emissions reduction achievable by implementation of the design, equipment, work practice, or operation, and shall provide for compliance by means which achieve equivalent results.

(g) “Building, structure, facility, or installation” means all of the pollutant-emitting activities which belong to the same industrial grouping, are located on 1 or more contiguous or adjacent properties, and are under the control of the same person, or persons under common control, except the activities of any vessel. Pollutant-emitting activities are part of the same industrial grouping if they have the same 2-digit major group code associated with their primary activity. Major group codes and primary activities are described in the standard industrial classification manual, 2017.

(h) “Clean coal technology” means any technology, including technologies applied at the pre-combustion, combustion, or post-combustion stage, at a new or existing facility which will achieve significant reductions in air emissions of sulfur dioxide or oxides of nitrogen associated with the utilization of coal in the generation of electricity, or process steam which was not in widespread use as of November 15, 1990.

(i) “Clean coal technology demonstration project” means a project using funds appropriated under the heading "Department of Energy -- Clean Coal Technology," up to a total amount of $2,500,000,000 for commercial demonstration of clean coal technology, or similar projects funded through appropriations for the United States Environmental Protection Agency. The federal contribution for a qualifying project shall be at least 20% of the total cost of the demonstration project.

(j) [Reserved]

(k) “Commence,” as applied to construction of a major stationary source or major modification, means that the owner or operator has all necessary preconstruction approvals or permits and has done either of the following:

(i) Begun, or caused to begin, a continuous program of actual on-site construction of the source, to be completed within a reasonable time.

(ii) Entered into binding agreements or contractual obligations, which cannot be canceled or modified without substantial loss to the owner or operator, to undertake a program of actual construction of the source to be completed within a reasonable time.

(l) “Complete” means, in reference to an application for a permit, that the application contains all the information necessary for processing the application. Designating an application complete for purposes of permit processing does not preclude the department from requesting or accepting additional information.

(m) “Construction” means any physical change or change in the method of operation, including fabrication, erection, installation, demolition, or modification of an emissions unit, that would result in a change in emissions.

(n) “Continuous emissions monitoring system” or “CEMS” means all of the equipment that may be required to meet the data acquisition and availability requirements of these rules, to sample, condition if applicable, analyze, and provide a record of emissions on a continuous basis.

(o) “Continuous emissions rate monitoring system” or “CERMS” means the total equipment required for the determination and recording of the pollutant mass emissions rate in terms of mass per unit of time.

(p) “Continuous parameter monitoring system” or “CPMS” means all of the equipment necessary to meet the data acquisition and availability requirements of these rules, to monitor process and control device operational parameters (for example, control device secondary voltages and electric currents) and other information (for example, gas flow rate, oxygen or carbon dioxide concentrations), and to record average operational parameter value or values on a continuous basis.

(q) “Electric utility steam generating unit” means any steam electric generating unit that is constructed for supplying more than 1/3 of its potential electric output capacity and more than 25 megawatt electrical output to any utility power distribution system for sale. Steam supplied to a steam distribution system for providing steam to a steam-electric generator that would produce electrical energy for sale is also considered in determining the electrical energy output capacity of the affected facility.

(r) “Emissions unit” means any part of a stationary source that emits or would have the potential to emit any regulated new source review pollutant and includes an electric utility steam generating unit. Both of the following are types of emissions units:

(i) A new emissions unit is any emissions unit that is, or will be, newly constructed and that has existed for less than 2 years from the date the emissions unit first operated.

(ii) An existing emissions unit is any emissions unit that does not meet the definition of a new emissions unit. A replacement unit is an existing emissions unit and no creditable emission reductions shall be generated from shutting down the existing emissions unit that is replaced. A replacement unit shall meet all of the following criteria:

(A) The emissions unit is a reconstructed unit if the replacement of components of an existing facility is to such an extent that the fixed capital cost of the new components exceeds 50% of the fixed capital cost that would be required to construct a comparable entirely new facility or the emissions unit completely takes the place of an existing emissions unit.

(B) The emissions unit is identical to or functionally equivalent to the replaced emissions unit.

(D) The replaced emissions unit is permanently removed from the major stationary source, otherwise permanently disabled, or permanently barred from operation by a permit that is enforceable as a practical matter. If the replaced emissions unit is brought back into operation, it shall constitute a new emissions unit.

(s) “Federal land manager” means, with respect to any lands in the United States, the secretary of the department with authority over such lands.

(t) “High terrain” means an area having an elevation 900 feet or more above the base of the stack of a source.

(u) "Hydrocarbon combustion flare" means either a flare used to comply with an applicable new source performance standard or maximum achievable control technology standard, including uses of flares during startup, shutdown, or malfunction permitted under such a standard, or a flare that serves to control emissions of waste streams comprised predominately of hydrocarbons and containing not more than 230 milligrams per dry standard cubic meter hydrogen sulfide.

(v) “Indian reservation” means any federally recognized reservation established by treaty, agreement, executive order, or act of congress.

(w) “Indian governing body” means the governing body of any tribe, band, or group of Indians subject to the jurisdiction of the United States and recognized by the United States as possessing power of self-government.

(x) “Innovative control technology” means any system of air pollution control that has not been adequately demonstrated in practice, but may have a substantial likelihood of achieving greater continuous emissions reduction than any control system in current practice or of achieving at least comparable reductions at lower cost in terms of energy, economics, or non-air quality environmental impacts.

(y) “Low terrain” means any area other than high terrain.

(z) “Lowest achievable emission rate” or “LAER,” for any source, means the more stringent rate of emissions based on R 336.2901(s).

(aa) “Major modification” means any of the following:

(i) Physical change in or change in the method of operation of a major stationary source that would result in both of the following:

(A) A significant emissions increase of a regulated new source review pollutant.

(B) A significant net emissions increase of that pollutant from the major stationary source.

(ii) A significant emissions increase from any emissions units or net emissions increase at a major stationary source that is significant for volatile organic compounds or oxides of nitrogen shall be considered significant for ozone.

(iii) Physical change or change in the method of operation shall not include any of the following:

(A) Routine maintenance, repair, and replacement.

(B) Use of an alternative fuel or raw material by reason of any order under section 2(a) and (b) of the Energy Supply and Environmental Coordination Act of 1974 or by reason of a natural gas curtailment plan under the Federal Power Act.

(D) Use of an alternative fuel at a steam generating unit to the extent that the fuel is generated from municipal solid waste.

(E) Use of an alternative fuel or raw material by a stationary source which meets either of the following:

(1) The source was capable of accommodating before January 6, 1975, unless such change would be prohibited under any federally enforceable permit condition which was established after January 6, 1975, under PSD regulations or R 336.1201(1)(a).

(2) The source is approved to use under any permit issued under PSD regulations or under R 336.1201(1)(a).

(F) An increase in the hours of operation or in the production rate, unless the change would be prohibited under any federally enforceable permit condition which was established after January 6, 1975, under PSD regulations or R 336.1201(1)(a).

(G) Any change in ownership at a stationary source.

(H) [Reserved]

(I) The installation, operation, cessation, or removal of a temporary clean coal technology demonstration project, provided that the project complies with both of the following:

(1) The state implementation plan.

(2) Other requirements necessary to attain and maintain the national ambient air quality standards during the project and after the project is terminated.

(J) The installation or operation of a permanent clean coal technology demonstration project that constitutes repowering, provided that the project does not result in an increase in the potential to emit of any regulated pollutant emitted by the unit. This exemption shall apply on a pollutant-by-pollutant basis.

(K) The reactivation of a very clean coal-fired electric utility steam generating unit.

(iv) This definition shall not apply with respect to a particular regulated new source review pollutant when the major stationary source is complying with the requirements for an actuals PAL for that pollutant. Instead, the definition of PAL major modification in R 336.2823 shall apply.

(bb) All of the following apply to major and minor source baseline dates:

(i) “Major source baseline date” means all of the following:

(A) January 6, 1975, for particulate matter and sulfur dioxide.

(B) February 8, 1988, for nitrogen dioxide.

(C) October 20, 2010 for PM 2.5 (ii) “Minor source baseline date” means the earliest date after the trigger date on which a major stationary source or a major modification subject to PSD regulations submits a complete application under the relevant regulations. The trigger date is all of the following:

(A) August 7, 1977, for particulate matter and sulfur dioxide.

(B) February 8, 1988, for nitrogen dioxide.

(C) October 20, 2011 for PM 2.5 (iii) The baseline date is established for each pollutant for which increments or other equivalent measures have been established if both of the following occur:

(A) The area in which the proposed source or modification would construct is designated as attainment or unclassifiable under section 107(d) of the clean air act for the pollutant on the date of its complete application under R 336.1201 and PSD regulations.

(B) If a major stationary source, the pollutant would be emitted in significant amounts, or, if a major modification, there would be a significant net emissions increase of the pollutant.

(iv) Any minor source baseline date established originally for the total suspended particulates increments shall remain in effect and shall apply for determining the amount of available PM-10 increments, except that the department may rescind any minor source baseline date where it can be shown, to the satisfaction of the department, that the emissions increase from the major stationary source, or the net emissions increase from the major modification, responsible for triggering that date did not result in a significant amount of PM-10 emissions.

(cc) “Major stationary source” means any of the following:

(i) Any of the following stationary sources of air pollutants which emit, or has the potential to emit, 100 tons per year or more of a regulated new source review pollutant:

(A) Fossil fuel-fired steam electric plants of more than 250 million British thermal units per hour heat input.

(B) Coal cleaning plants with thermal dryers.

(D) Portland cement plants.

(E) Primary zinc smelters.

(F) Iron and steel mill plants.

(G) Primary aluminum ore reduction plants.

(H) Primary copper smelters.

(I) Municipal incinerators capable of charging more than 250 tons of refuse per day.

(J) Hydrofluoric, sulfuric, and nitric acid plants.

(K) Petroleum refineries.

(L) Lime plants.

(M) Phosphate rock processing plants.

(N) Coke oven batteries.

(O) Sulfur recovery plants.

(P) Carbon black plants (furnace process).

(Q) Primary lead smelters.

(R) Fuel conversion plants.

(S) Sintering plants.

(T) Secondary metal production plants.

(U) Chemical process plants. The term chemical process plant shall not include ethanol production facilities that produce ethanol by natural fermentation included in North American Industrial Classification System codes 325193 or 312140.

(V) Fossil fuel boilers, or combinations thereof, totaling more than 250 million British thermal units per hour heat input.

(W) Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels.

(X) Taconite ore processing plants.

(Y) Glass fiber processing plants.

(Z) Charcoal production plants.

(ii) Any stationary source not listed in the previous subdivision which emits, or has the potential to emit, 250 tons per year or more of a regulated new source review pollutant.

(iii) Any physical change that would occur at a stationary source not otherwise qualifying under subdivision (cc) of this subrule, as a major stationary source if the change would constitute a major stationary source by itself.

(iv) A major source that is major for volatile organic compounds or oxides of nitrogen shall be considered major for ozone.

(v) The fugitive emissions of a stationary source shall not be included in determining, for any of the purposes of this rule, whether it is a major stationary source, unless the source belongs to 1 of the categories of stationary sources listed is paragraph (i) of this subdivision.

(dd) “Necessary preconstruction approvals or permits” means a permit issued under R 336.1201(1)(a) that is required by R 336.2801 to R 336.2819.

(ee) “Net emissions increase” means all of the following:

(i) For any regulated new source review pollutant emitted by a major stationary source, the amount by which the sum of the following exceeds zero:

(A) The increase in emissions from a particular physical change or change in the method of operation at a stationary source as calculated under R 336.2802(4).

(B) Any other increases and decreases in actual emissions at the major stationary source that are contemporaneous with the particular change and are otherwise creditable. Baseline actual emissions for calculating increases and decreases under this paragraph shall be determined as provided in the definition of baseline actual emissions, except that paragraphs (b)(i)(C) and (b)(ii)(D) of this rule shall not apply.

(ii) An increase or decrease in actual emissions is contemporaneous with the increase from the particular change only if it occurs between the following:

(A) The date 5 years before construction on the particular change commences.

(B) The date that the increase from the particular change occurs.

(iii) An increase or decrease in actual emissions is creditable only if the department has not relied on it in issuing a permit under R 336.1201(1)(a) or R 336.1214a, which permit is in effect when the increase in actual emissions from the particular change occurs.

(iv) An increase or decrease in actual emissions of sulfur dioxide, particulate matter, or oxides of nitrogen that occurs before the applicable minor source baseline date is creditable only if it is required in calculating the amount of maximum allowable increases remaining available.

(v) An increase in actual emissions is creditable only to the extent that the new level of actual emissions exceeds the old level.

(vi) A decrease in actual emissions is creditable only to the extent that it meets all of the following criteria:

(A) The old level of actual emissions or the old level of allowable emissions, whichever is lower, exceeds the new level of actual emissions.

(B) It is enforceable as a practical matter at and after the time that actual construction on the particular change begins.

(C) It has approximately the same qualitative significance for public health and welfare as that attributed to the increase from the particular change.

(vii) An increase that results from a physical change at a source occurs when the emissions unit on which construction occurred becomes operational and begins to emit a particular pollutant. A replacement unit that requires shakedown becomes operational only after a reasonable shakedown period, not to exceed 180 days.

(viii) The definition of actual emissions in R 336.1101(b) shall not apply for determining creditable increases and decreases after a change, instead the definitions of the terms “projected actual emissions” and “baseline emissions” shall be used.

(ff) [Reserved]

(gg) “Pollution prevention” means any activity that through process changes, product reformulation or redesign, or substitution of less polluting raw materials, eliminates or reduces the release of air pollutants, including fugitive emissions, and other pollutants to the environment before recycling, treatment, or disposal. Pollution prevention does not mean recycling, other than certain "in-process recycling" practices, energy recovery, treatment, or disposal.

(hh) “Potential to emit” means the maximum capacity of a stationary source to emit a pollutant under its physical and operational design. A physical or operational limitation on the capacity of the source to emit a pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design if the limitation or the effect it would have on emissions is legally enforceable and enforceable as a practical matter by the state, local air pollution control agency, or United States environmental protection agency.

Secondary emissions do not count in determining the potential to emit of a stationary source.

(ii) “Predictive emissions monitoring system” or “PEMS” means all of the equipment necessary to monitor process and control device operational parameters (for example, control device secondary voltages and electric currents) and other information (for example, gas flow rate, oxygen or carbon dioxide concentrations), and calculate and record the mass emissions rate (for example, pounds per hour) on a continuous basis.

(jj) “Prevention of significant deterioration” or “PSD” program means the major source preconstruction permit program required by 40 C.F.R. §52.21, adopted by reference in R 336.1902. A permit issued under this program is a major NSR permit.

(kk) “Project” means a physical change in, or change in method of operation of, an existing major stationary source.

(ll) “Projected actual emissions” means all of the following:

(i) The maximum annual rate, in tons per year, at which an existing emissions unit is projected to emit a regulated new source review pollutant in any 1 of the 5 years (12-month period) following the date the unit resumes regular operation after the project, or in any 1 of the 10 years following that date, if the project involves increasing the emissions unit's design capacity or its potential to emit that regulated new source review pollutant, and full utilization of the unit would result in a significant emissions increase, or a significant net emissions increase at the major stationary source.

(ii) In determining the projected actual emissions, before beginning actual construction, the owner or operator of the major stationary source shall do all of the following:

(A) Consider all relevant information, including but not limited to, historical operational data, the company's own representations, the company's expected business activity, and the company's highest projections of business activity, the company's filings with the state or federal regulatory authorities, and compliance plans under the state implementation plan.

(B) Include fugitive emissions to the extent quantifiable and emissions associated with startups, shutdowns, and malfunctions.

(C) Exclude, in calculating any increase in emissions that results from the particular project, that portion of the unit's emissions following the project that an existing unit could have accommodated during the consecutive 24-month period used to establish the baseline actual emissions and that are also unrelated to the particular project, including any increased utilization due to product demand growth.

(iii) The owner or operator of a major stationary source may use the emissions unit's potential to emit, in tons per year, instead of calculating projected actual emissions.

(mm) “Reactivation of a very clean coal-fired electric utility steam generating unit” means any physical change or change in the method of operation associated with the commencement of commercial operations by a coal-fired utility unit after a period of discontinued operation where the unit meets all of the following criteria:

(i) The unit was not in operation for the 2-year period before the enactment of the clean air act amendments of 1990, and the emissions from the unit continue to be carried in the department’s emissions inventory at the time of enactment.

(ii) The unit was equipped before shutdown with a continuous system of emissions control that achieves a removal efficiency for sulfur dioxide of not less than 85% and a removal efficiency for particulates of not less than 98%.

(iii) The unit was equipped with low-oxides of nitrogen burners before the time of commencement of operations following reactivation.

(iv) The unit otherwise complies with the requirements of the clean air act.

(nn) “Regulated new source review pollutant,” for purposes of this rule, means all of the following:

(i) A pollutant for which a national ambient air quality standard has been promulgated and any constituents or precursors for the pollutants identified by the United States environmental protection agency. For example, volatile organic compounds and oxides of nitrogen are precursors for ozone, and oxides of nitrogen and sulfur dioxide are precursors for PM 2.5.

(ii) A pollutant that is subject to any standard promulgated under section 111 of the clean air act.

(iii) A class I or II substance subject to a standard promulgated under or established by title VI of the clean air act.

(iv) A pollutant that otherwise is subject to regulation under the clean air act; except that any or all hazardous air pollutants either listed in section 112 of the clean air act or added to the list under section 112(b)(2) of the clean air act, which have not been delisted under section 112(b)(3) of the clean air act, are not regulated new source review pollutants unless the listed hazardous air pollutant is also regulated as a constituent or precursor of a general pollutant listed under section 108 of the clean air act.

(oo) “Repowering” means all of the following:

(i) Replacement of an existing coal-fired boiler with 1 of the following clean coal technologies:

(A) Atmospheric or pressurized fluidized bed combustion.

(B) Integrated gasification combined cycle.

(D) Direct and indirect coal-fired turbines.

(E) Integrated gasification fuel cells.

(F) A derivative of 1 or more of these technologies, and any other technology capable of controlling multiple combustion emissions simultaneously with improved boiler or generation efficiency and with significantly greater waste reduction relative to the performance of technology in widespread commercial use as of November 15, 1990, as determined by the United States environmental protection agency, in consultation with the Secretary of Energy.

(ii) Repowering shall also include any oil and/or gas-fired unit which has been awarded clean coal technology demonstration funding as of January 1, 1991, by the United States Department of Energy.

(iii) The department shall give expedited consideration to permit applications for any source that satisfies the definition of repowering and is granted an extension under section 409 of the clean air act.

(pp) “Secondary emissions” means emissions which occur as a result of the construction or operation of a major stationary source or major modification, but do not come from the major stationary source or major modification itself. For this rule, secondary emissions shall be specific, well defined, quantifiable, and impact the same general areas the stationary source modification which causes the secondary emissions. Secondary emissions include emissions from any offsite support facility which would not be constructed or increase its emissions except as a result of the construction or operation of the major stationary source or major modification. Secondary emissions do not include any emissions which come directly from a mobile source, such as emissions from the tailpipe of a motor vehicle, from a train, or from a vessel.

(qq) “Significant” means:

(i) In reference to a net emissions increase or the potential of a source to emit any of the following pollutants, a rate of emissions that would equal or exceed any of the following pollutant emission rates:

(A) Carbon monoxide: 100 tons per year.

(B) Oxides of nitrogen: 40 tons per year.

(D) Particulate matter: 25 tons per year of particulate matter emissions.

(E) PM-10: 15 tons per year of PM-10 emissions.

(F) PM 2.5: 10 tons per year of PM 2.5 emissions; 40 tons per year of sulfur dioxide emissions; 40 tons per year of oxides of nitrogen emissions.

(G) Ozone: 40 tons per year of volatile organic compounds or oxides of nitrogen.

(H) Lead: 0.6 tons per year.

(I) Fluorides: 3 tons per year.

(J) Sulfuric acid mist: 7 tons per year.

(K) Hydrogen sulfide: 10 tons per year.

(L) Total reduced sulfur, including hydrogen sulfide: 10 tons per year.

(M) Reduced sulfur compounds, including hydrogen sulfide: 10 tons per year.

(N) Municipal waste combustor organics, measured as total tetra- through octachlorinated dibenzo-p-dioxins and dibenzofurans: 3.2 × 10−6 megagrams per year or 3.5 × 10−6 tons per year.

(O) Municipal waste combustor metals, measured as particulate matter: 14 megagrams per year or 15 tons per year.

(P) Municipal waste combustor acid gases, measured as sulfur dioxide and hydrogen chloride: 36 megagrams per year or 40 tons per year.

(Q) Municipal solid waste landfill emissions, measured as nonmethane organic compounds: 45 megagrams per year or 50 tons per year.

(ii) In reference to a net emissions increase or the potential of a source to emit a regulated new source review pollutant not listed in this definition, any emissions rate.

(iii) Any emissions rate or any net emissions increase associated with a major stationary source or major modification, which would construct within 10 kilometers of a class I area, and have an impact on such area equal to or greater than 1 microgram per cubic meter (24hour average).

(rr) “Significant emissions increase” means, for a regulated new source review pollutant, an increase in emissions that is significant for that pollutant.

(ss) “Stationary source” means any building, structure, facility, or installation which emits or may emit a regulated new source review pollutant.

(tt) “Temporary clean coal technology demonstration project” means a clean coal technology demonstration project that is operated for a period of 5 years or less, and which complies with the state implementation plan and other requirements necessary to attain and maintain the national ambient air quality standards during and after the project is terminated.

Editor's Note: An obvious error in R 336.2801 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Michigan Register, 2019 MR 1. The memorandum requesting the correction was published in Michigan Register, 2019 MR 1.

**History**
- *History: 2006 AACS; 2008 AACS; 2011 AACS; 2012 AACS; 2019 AACS.*

##### **Mich. Admin. Code R 336.2801a** Rescinded {#sec-r-336.2801a omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.2801a}

**History**
- *History: 2006 AACS; 2019 AACS.*

##### **Mich. Admin. Code R 336.2802** Applicability {#sec-r-336.2802 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.2802}

Rule 1802. (1) This part applies to the construction of a new major stationary source or a project at an existing major stationary source in an area designated as attainment or unclassifiable under sections 107(d)(1)(A)(ii) or (iii) of the clean air act.

(2) The requirements of R 336.2810 to R 336.2818 apply to the construction of any new major stationary source or the major modification of any existing major stationary source, except as this rule otherwise provides.

(3) No new major stationary source or major modification to which R 336.2810 to R 336.2818(2) apply shall begin actual construction without a permit to install issued under R 336.1201(1)(a) that states that the major stationary source or major modification will meet those requirements.

(4) This part applies to the construction of new major sources and major modifications to existing major sources in the following manner:

(a) Except as otherwise provided in subrule (5) of this rule, and consistent with the definition of major modification, a project is a major modification for a regulated new source review pollutant if it causes both of the following types of emissions increases:

(i) A significant emissions increase.

(ii) A significant net emissions increase.

The project is not a major modification if it does not cause a significant emissions increase.

If the project causes a significant emissions increase, then the project is a major modification only if it also results in a significant net emissions increase.

(b) The procedure for calculating whether a significant emissions increase will occur depends upon the type of emissions units being modified. The procedure for calculating whether a significant net emissions increase will occur at the major stationary source is contained in the definition of net emissions increase. Regardless of preconstruction projections, a major modification results if the project causes a significant emissions increase and a significant net emissions increase.

(c) The actual-to-projected-actual applicability test may be used for projects that only involve existing emissions units. A significant emissions increase of a regulated new source review pollutant is projected to occur if the sum of the difference between the projected actual emissions and the baseline actual emissions for each existing emissions unit equals or exceeds the significant amount for that pollutant.

(d) The actual-to-potential test may be used for projects that involve construction of new emission units or modification of existing emission units. A significant emissions increase of a regulated new source review pollutant is projected to occur if the sum of the difference between the potential to emit from each new or modified emission unit following completion of the project and the baseline actual emissions of these units before the project equals or exceeds the significant amount for that pollutant.

(e) The hybrid test may be used for projects that involve multiple types of emissions units. A significant emissions increase of a regulated new source review pollutant is projected to occur if the sum of the emissions increases for each emissions unit, using the appropriate methods specified in this subrule as applicable with respect to each emissions unit, for each type of emissions unit equals or exceeds the significant amount for that pollutant.

(5) For any major stationary source with a plant wide applicability limit for a regulated new source review pollutant, the major stationary source shall comply with R 336.2823.

**History**
- *History: 2006 AACS; 2019 AACS.*

##### **Mich. Admin. Code R 336.2803** Ambient air increments {#sec-r-336.2803 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.2803}

Rule 1803. In areas designated as class I, II, or III, increases in pollutant concentration over the baseline concentration shall be limited to all of the following:

Table 182 Ambient Air Increments Pollutant Maximum Allowable Increase (micrograms per cubic meter)

CLASS I

Particulate matter:

PM-10, annual arithmetic mean4 PM-10, 24-hour maximum8 PM 2.5, annual arithmetic mean1 PM 2.5, 24-hour maximum2 Sulfur dioxide:

Annual arithmetic mean2 24-hour maximum5 3-hour maximum25 Nitrogen dioxide:

Annual arithmetic mean2.5 CLASS II Particulate matter:

PM-10, annual arithmetic mean17 PM-10, 24-hour maximum30 Pollutant Maximum Allowable Increase (micrograms per cubic meter)

CLASS I

PM 2.5, annual arithmetic mean4 PM 2.5, 24-hour maximum9 Sulfur dioxide:

Annual arithmetic mean20 24-hour maximum91 3-hour maximum512 Nitrogen dioxide:

Annual arithmetic mean25 CLASS III Particulate matter:

PM-10, annual arithmetic mean34 PM-10, 24-hour maximum60 PM 2.5, annual arithmetic mean8 PM 2.5, 24-hour maximum18 Sulfur dioxide:

Annual arithmetic mean40 24-hour maximum182 3-hour maximum700 Nitrogen dioxide:

Annual arithmetic mean50 For any period other than an annual period, the applicable maximum allowable increase may be exceeded during 1 period per year at any 1 location.

**History**
- *History: 2006 AACS; 2012 AACS.*

##### **Mich. Admin. Code R 336.2804** Ambient air ceilings {#sec-r-336.2804 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.2804}

Rule 1804. The concentration of a pollutant shall not exceed either of the following:

(a) The concentration permitted under the national secondary ambient air quality standard.

(b) The concentration permitted under the national primary ambient air quality standard, whichever concentration is lowest for the pollutant for a period of exposure.

**History**
- *History: 2006 AACS.*

##### **Mich. Admin. Code R 336.2805** Restrictions on area classifications {#sec-r-336.2805 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.2805}

Rule 1805. (1) All of the following areas in existence on August 7, 1977, shall be class I areas and shall not be redesignated:

(a) International parks.

(b) National wilderness areas which exceed 5,000 acres in size, including Seney National Wildlife Refuge.

(d) National parks which exceed 6,000 acres in size, including Isle Royale National Park.

(2) Areas which were redesignated as class I under federal regulations promulgated before August 7, 1977, shall remain class I, but may be redesignated as provided in this rule.

(3) Any other area, unless otherwise specified in the legislation creating such an area, is initially designated class II, but may be redesignated as provided in this rule.

(4) Both of the following areas may be redesignated only as class I or II:

(a) An area which as of August 7, 1977, exceeded 10,000 acres in size and was a national monument, a national primitive area, a national preserve, a national recreational area, a national wild and scenic river, a national wildlife refuge, a national lakeshore or seashore.

(b) A national park or national wilderness area established after August 7, 1977, which exceeds 10,000 acres in size.

**History**
- *History: 2006 AACS.*

##### **Mich. Admin. Code R 336.2806** Exclusions from increment consumption {#sec-r-336.2806 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.2806}

Rule 1806. (1) The following concentrations shall be excluded in determining compliance with a maximum allowable increase:

(a) Concentrations attributable to the increase in emissions from stationary sources which have converted from the use of petroleum products, natural gas, or both, by reason of an order in effect under section 2 (a) and (b) of the Energy Supply and Environmental Coordination Act of 1974 over the emissions from the identical sources before the effective date of the order.

(b) Concentrations attributable to the increase in emissions from sources which have converted from using natural gas by reason of natural gas curtailment plan in effect under the Federal Power Act over the emissions from sources before the effective date of the plan.

(c) Concentrations of particulate matter attributable to the increase in emissions from construction or other temporary emission-related activities of new or modified sources.

(d) The increase in concentrations attributable to new sources outside the United States over the concentrations attributable to existing sources which are included in the baseline concentration.

(e) Concentrations attributable to the temporary increase in emissions of sulfur dioxide, particulate matter, or oxides of nitrogen from stationary sources which are affected by plan revisions approved by the United States environmental protection agency.

(2) An exclusion of concentrations shall not apply more than 5 years after the effective date of the order to which subrule (1)(a) of this rule refers or the plan to which subrule (1)(b) of this rule refers, whichever is applicable. If both the order and plan are applicable, then the exclusion shall not apply more than 5 years after the later of such effective dates.

**History**
- *History: 2006 AACS.*

##### **Mich. Admin. Code R 336.2807** Redesignation {#sec-r-336.2807 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.2807}

Rule 1807. (1) All areas of the state, except those designated as class I pursuant to R 336.2805 are designated as class II. Redesignation, except as otherwise precluded by R 336.2805, may be proposed by the department, as provided in subrule (2) of this rule, subject to approval by the United States environmental protection agency as a revision to the state implementation plan.

(2) The department may submit to the United States environmental protection agency a proposal to redesignate areas of the state class I or class II, based on all of the following:

(a) At least 1 public hearing has been held under MCL 324.5511.

(b) Other states, Indian governing bodies, and federal land managers whose lands may be affected by the proposed redesignation were notified at least 30 days before the public hearing.

(c) A discussion of the reasons for the proposed redesignation, including a satisfactory description and analysis of the health, environmental, economic, social, and energy effects of the proposed redesignation, was prepared and made available for public inspection at least 30 days before the hearing and the notice announcing the hearing contained appropriate notification of the availability of such discussion.

(d) Before the issuance of notice respecting the redesignation of an area that includes any federal lands, the department has provided written notice to the appropriate federal land manager and afforded adequate opportunity, not more than 60 days, to confer with the department respecting the redesignation and to submit written comments and recommendations. In redesignating an area with respect to which a federal land manager had submitted written comments and recommendations, the department shall have published a list of any inconsistency between the redesignation and comments and recommendations, together with the reasons for making the redesignation against the recommendation of the federal land manager.

(e) The department has proposed the redesignation after consultation with the elected leadership of local and other substate general purpose governments in the area covered by the proposed redesignation.

**History**
- *History: 2006 AACS; 2019 AACS.*

##### **Mich. Admin. Code R 336.2808** Stack heights {#sec-r-336.2808 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.2808}

Rule 1808. The degree of emission limitation required for control of any air pollutant under this rule shall not be affected in any manner by either of the following:

(a) So much of a stack height, not in existence before December 31, 1970, as exceeds good engineering practice.

(b) Any other dispersion technique not implemented before December 31, 1970.

**History**
- *History: 2006 AACS.*

##### **Mich. Admin. Code R 336.2809** Exemptions {#sec-r-336.2809 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.2809}

Rule 1809. (1) The requirements of R 336.2810 to R 336.2818 do not apply to a particular major stationary source or major modification if either of the following occurs:

(a) The major stationary source would be a nonprofit health or nonprofit educational institution or a major modification that would occur at such an institution.

(b) The source or modification would be a major stationary source or major modification only if fugitive emissions, to the extent quantifiable, are considered in calculating the potential to emit of the stationary source or modification and the source is not required to include fugitives in its potential to emit under R 336.2801(cc)(v).

(c) The source or modification is a portable stationary source which has previously received a permit under R 336.2810 to R 336.2818, if all of the following occur:

(i) The source proposes to relocate and emissions of the source at the new location would be temporary.

(ii) The emissions from the source would not exceed its allowable emissions.

(iii) The emissions from the source would not impact a class I area or an area where an applicable increment is known to be violated.

(iv) Reasonable notice is given to the department before the relocation identifying the proposed new location and the probable duration of operation at the new location. Notice shall be given to the department not less than 10 days in advance of the proposed relocation unless a different time duration is previously approved by the department.

(2) The requirements of R 336.2810 to R 336.2818 do not apply to a major stationary source or major modification with respect to a particular pollutant if the owner or operator demonstrates that, as to that pollutant, the source or modification is subject to new source review for major sources in nonattainment areas regulations.

(3) The requirements of R 336.2811, R 336.2813, and R 336.2815 do not apply to a proposed major stationary source or major modification with respect to a particular pollutant, if the allowable emissions of that pollutant from a new source, or the net emissions increase of that pollutant from a modification, would be temporary and would not impact a class I area or an area where an applicable increment is known to be violated.

(4) The requirements of R 336.2811, R 336.2813, and R 336.2815, as they relate to any maximum allowable increase for a class II area, do not apply to a modification of a major stationary source that was in existence on March 1, 1978, if the net increase in allowable emissions of each regulated new source review pollutant from the modification after the application of best available control technology would be less than 50 tons per year.

(5) The department may exempt a proposed major stationary source or major modification from R 336.2813, with respect to monitoring for a particular pollutant, if any of the following occur:

(a) The emissions increase of the pollutant from a new stationary source or the net emissions increase of the pollutant from a modification would cause, in any area, air quality impacts less than the following amounts:

(i) Carbon monoxide -- 575 micrograms per cubic meter, 8-hour average.

(ii) Nitrogen dioxide -- 14 micrograms per cubic meter, annual average.

(iii) Particulate matter -- 10 micrograms per cubic meter of PM-10, 24-hour average. 0 micrograms per cubic meter of PM 2.5, 24-hour average.

(iv) Sulfur dioxide -- 13 micrograms per cubic meter, 24-hour average.

(v) Ozone – There is no de minimis air quality level for ozone. However, any net increase of 100 tons per year or more of volatile organic compounds or oxides of nitrogen subject to PSD would be required to perform an ambient impact analysis, including the gathering of ambient air quality data.

(vi) Lead -- 0.1 micrograms per cubic meter, 3-month average.

(vii) Fluorides -- 0.25 micrograms per cubic meter, 24-hour average.

(viii) Total reduced sulfur -- 10 micrograms per cubic meter, 1-hour average.

(ix) Hydrogen sulfide -- 0.2 micrograms per cubic meter, 1-hour average.

(x) Reduced sulfur compounds -- 10 micrograms per cubic meter, 1-hour average.

(b) The concentrations of the pollutant in the area that the source or modification would affect are less than the concentrations listed in subdivision (a) of this subrule.

**History**
- *History: 2006 AACS; 2012 AACS; 2019 AACS.*

##### **Mich. Admin. Code R 336.2810** Control technology review {#sec-r-336.2810 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.2810}

Rule 1810. (1) A major stationary source or major modification shall meet each applicable emissions limitation under the state implementation plan and each applicable emission standards and standard of performance under 40 C.F.R. parts 60 and 61, adopted by reference in R 336.1902.

(2) A new major stationary source shall apply best available control technology for each regulated new source review pollutant that it would have the potential to emit in significant amounts.

(3) A major modification shall apply best available control technology for each regulated new source review pollutant for which it would be a significant net emissions increase at the source. This subrule applies to each proposed emissions unit at which a net emissions increase in the pollutant would occur as a result of a physical change or change in the method of operation in the unit.

(4) For phased construction projects, the determination of best available control technology shall be reviewed and modified as appropriate at the latest reasonable time which occurs not later than 18 months before commencement of construction of each independent phase of the project. At such time, the owner or operator of the applicable stationary source may be required to demonstrate the adequacy of any previous determination of best available control technology for the source.

**History**
- *History: 2006 AACS; 2019 AACS.*

##### **Mich. Admin. Code R 336.2811** Source impact analysis {#sec-r-336.2811 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.2811}

Rule 1811. The owner or operator of the proposed major source or major modification shall demonstrate that allowable emission increases from the proposed major source or major modification, in conjunction with all other applicable emissions increases or reduction, including secondary emissions, shall not cause or contribute to air pollution in violation of either of the following:

(a) Any national ambient air quality standard in any air quality control region.

(b) Any applicable maximum allowable increase over the baseline concentration in any area.

**History**
- *History: 2006 AACS.*

##### **Mich. Admin. Code R 336.2812** Air quality models {#sec-r-336.2812 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.2812}

Rule 1812. (1) All applications of air quality modeling involved in R 336.2801 to R 336.2819, R 336.2823, and R 336.2830 shall use the methods specified in R 336.1240.

(2) If an air quality model specified in R 336.1240 is inappropriate, then the model may only be modified or another model substituted with the written approval of the United States environmental protection agency. In addition, use of a modified or substituted model shall be subject to the notice and opportunity for public comment in R 336.2817.

**History**
- *History: 2006 AACS.*

##### **Mich. Admin. Code R 336.2813** Air quality analysis {#sec-r-336.2813 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.2813}

Rule 1813. (1) Pre-application analysis includes all of the following:

(a) Any application for a permit under this rule shall contain an analysis of ambient air quality in the area that the major stationary source or major modification would affect for each of the following pollutants:

(i) For the major source, each pollutant that it would have the potential to emit in a significant amount.

(ii) For the modification, each pollutant for which it would result in a significant net emissions increase.

(b) For a pollutant for which a national ambient air quality standard does not exist, the analysis shall contain air quality monitoring data required by the department to assess ambient air quality for that pollutant in any area that the emissions of that pollutant would affect.

(c) For a pollutant, other than nonmethane hydrocarbons, for which such a standard does exist, the analysis shall contain continuous air quality monitoring data gathered for determining whether emissions of that pollutant would cause or contribute to a violation of the standard or any maximum allowable increase.

(d) The continuous air monitoring data that is required shall have been gathered over a period of 1 year and shall represent the year preceding receipt of the application, except that, if the department determines that a complete and adequate analysis may be accomplished with monitoring data gathered over a period less than 1 year, but not less than 4 months, the data that is required shall have been gathered over at least that shorter period.

(e) The owner or operator of a proposed major stationary source or major modification of volatile organic compounds who satisfies all conditions of 40 C.F.R. part 51, appendix S, section IV, may provide post-approval monitoring data for ozone instead of providing preconstruction data as otherwise required by this rule. The provisions of 40 C.F.R., part 51, appendix S, section IV, are adopted by reference in R 336.1902.

(2) For post-construction monitoring, the owner or operator of a major stationary source or major modification shall, after construction of the major stationary source or major modification, conduct such ambient monitoring as the department requires to determine the effect emissions from the major stationary source or major modification may have, or are having, on air quality in any area.

(3) For operation of monitoring stations, the owner or operator of a major stationary source or major modification shall meet the requirements of 40 C.F.R. part 58, appendix B, during the operation of monitoring stations for purposes of satisfying this rule. The provisions of 40 C.F.R., part 58, appendix B, are adopted by reference in R 336.1902.

**History**
- *History: 2006 AACS; 2019 AACS.*

##### **Mich. Admin. Code R 336.2814** Source information {#sec-r-336.2814 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.2814}

Rule 1814. (1) The owner or operator of a proposed major source or major modification shall submit all information necessary to perform an analysis or make a determination required under this rule.

(2) Information shall include all of the following:

(a) A description of the nature, location, design capacity, and typical operating schedule of the major source or major modification, including specifications and drawings showing its design and plant layout.

(b) A detailed schedule for construction of the major source or major modification.

(c) A detailed description as to what system of continuous emission reduction is planned by the major source or major modification, emission estimates, and any other information to determine that best available control technology, as applicable, would be applied.

(3) Upon request of the department, the owner or operator shall provide information on both of the following:

(a) The air quality impact of the major source or major modification, including meteorological and topographical data necessary to estimate impact.

(b) The air quality impacts and the nature and extent of any or all general commercial, residential, industrial, and other growth which has occurred since August 7, 1977, in the area the major source or major modification would affect.

**History**
- *History: 2006 AACS.*

##### **Mich. Admin. Code R 336.2815** Additional impact analyses {#sec-r-336.2815 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.2815}

Rule 1815. (1) The owner or operator shall provide an analysis of the impairment to visibility, soils, and vegetation that would occur as a result of the major source or major modification and general commercial, residential, industrial, and other growth associated with the major source or major modification. The owner or operator need not provide an analysis of the impact on vegetation having no significant commercial or recreational value.

(2) The owner or operator shall provide an analysis of the air quality impact projected for the area as a result of general commercial, residential, industrial, and other growth associated with the major source or major modification.

**History**
- *History: 2006 AACS.*

##### **Mich. Admin. Code R 336.2816** Sources impacting federal class I areas; additional requirements {#sec-r-336.2816 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.2816}

Rule 1816. (1) The department shall transmit to the United States environmental protection agency a copy of each permit application relating to a major stationary source or major modification and provide notice to the United States environmental protection agency of every action related to the consideration of the permit.

(2) If an applicant submits a permit application to the department for a proposed major stationary source or major modification that affects a federal class I area, the applicant must submit to the department and the federal land manager charged with direct responsibility for management of class I lands a demonstration of the impact the emissions from the proposed source or modification would have on the air quality related values of class I lands, including visibility. The department shall be available to consult with and provide additional information to the federal land manager during the federal land manager’s review of the demonstration submitted by the applicant, if necessary, to complete the review of the demonstration.

(3) If the federal land manager’s review of the applicant’s demonstration results in a finding that the emissions from the proposed major source or major modification would have an adverse impact on the air quality related values of class I areas, including visibility, notwithstanding that the change in air quality resulting from emissions from a major source or major modification would not cause or contribute to concentrations that would exceed the maximum allowable increases for a class I area, and if the department concurs with such finding, then the department shall not approve the permit application.

(4) If the department determines that the emissions from a proposed major source or major modification would cause or contribute to concentrations which would exceed the maximum allowable increases for a class I area, the department shall not approve a permit application unless the applicable requirements of Michigan’s state implementation plan are otherwise met and 1 of the following occurs:

(a) The applicant submits a written certification that the applicant has demonstrated to the federal land manager that the emissions from the proposed major source or major modification would have no adverse impact on the air quality related values of class I lands, including visibility, notwithstanding that the change in air quality resulting from emissions from a major source or major modification would cause or contribute to concentrations that would exceed the maximum allowable increases for a class I area. The department may then, provided that applicable requirements are otherwise met, issue the permit with emission limitations to assure that emissions of sulfur dioxide, particulate matter, and oxides of nitrogen would not exceed the following maximum allowable increases over minor source baseline concentration for the pollutants:

Table 183 Maximum allowable increases over minor source baseline concentrations Pollutant Maximum Allowable Increase (micrograms per cubic meter)

Particulate matter:

PM-10, annual arithmetic mean17 PM-10, 24-hour maximum30 PM 2.5, annual arithmetic mean4 PM 2.5, 24-hour maximum9 Sulfur dioxide:

Annual arithmetic mean20 24-hour maximum91 3-hour maximum325 Nitrogen dioxide:

Annual arithmetic mean25 (b) If the department cannot approve the permit application under R 336.2816(4)(a) due to sulfur dioxide emissions resulting in increases greater than those specified in table 183 for periods of 24 hours or less, the applicant may obtain approval by providing a written certification that the applicant has demonstrated to the federal land manager that the emissions from the proposed major source or major modification would have no adverse impact on the air quality related values of class I lands, including visibility, and that both the governor and the federal land manager have granted a sulfur dioxide variance for the federal class I area on which variance the public has received notice and opportunity for public hearing.

(c) If the department cannot approve the permit application under R 336.2816(4)(a) due to sulfur dioxide emissions resulting in increases greater than those specified in table 183 for periods of 24 hours or less, and the department cannot approve the permit application under R 336.2816(4)(b) because the federal land manager does not concur with the governor’s issuance of a sulfur dioxide variance that is otherwise consistent with R 336.2816(4)(b), the applicant may obtain approval by providing a written certification that the applicant has demonstrated to the president that a sulfur dioxide variance is in the national interest and the president concurs with the issuance of the sulfur dioxide variance by the governor. The applicant shall transfer the recommendations of the governor and the federal land manager to the president in any case where the governor recommends a variance in which the federal land manager does not concur.

(5) The department will not issue a permit affecting a class I area in which a sulfur dioxide variance was granted under R 336.2816(4)(b) or (c), unless the permit includes emission limitations necessary to assure that emissions of sulfur dioxide from the major source or major modification would not, during any day on which the otherwise applicable maximum allowable increases are exceeded, cause or contribute to concentrations which would exceed the following maximum allowable increases over the baseline concentration and to assure that emissions would not cause or contribute to concentrations which exceed the otherwise applicable maximum allowable increases for periods of exposure of 24 hours or less for more than 18 days, not necessarily consecutive, during any annual period.

Table 184 Maximum Allowable Sulfur Dioxide Increments Period Of Exposure Maximum Allowable Increase (Micrograms Per Cubic Meter)

Terrain Areas Low High 24-hour maximum 36 62 3-hour maximum 130 221

**History**
- *History: 2006 AACS; 2008 AACS; 2011 AACS; 2012 AACS; 2019 AACS.*

##### **Mich. Admin. Code R 336.2817** Public participation {#sec-r-336.2817 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.2817}

Rule 1817. (1) The department shall notify all applicants within a specified time period as to the completeness of the application or any deficiency in the application or information submitted. If there is a deficiency, then the date of receipt of the application shall be the date on which the department received all required information.

(2) Within 120 days after receipt of a technically complete application, the department shall do all of the following:

(a) Make a preliminary determination whether construction should be approved, approved with conditions, or disapproved.

(b) Make available in at least 1 location in each region in which the proposed major source would be constructed a copy of all materials the applicant submitted, a copy of the preliminary determination, and a copy or summary of other materials, if any, considered in making the preliminary determination.

(c) Notify the public, by advertisement in a newspaper of general circulation in each region in which the proposed major source would be constructed, of the application, the preliminary determination, the degree of increment consumption that is expected from the major source or major modification, and of the opportunity for comment at a public hearing as well as written public comment.

(d) Send a copy of the notice of public comment to the applicant, to the United States environmental protection agency, and to officials and agencies having cognizance over the location where the proposed construction would occur. The notice shall also be sent to any other state or local air pollution control agencies; the chief executives of the city and county where the major source would be located; any comprehensive regional land use planning agency; and any state, federal land manager, or Indian governing body whose lands may be affected by emissions from the major source or major modification.

(e) Provide opportunity for a public hearing for interested persons to appear and submit written or oral comments on the air quality impact of the major source, alternatives to it, the control technology required, and other appropriate considerations.

(f) Consider all written comments submitted within a time specified in the notice of public comment and all comments received at any public hearing in making a final decision on the approvability of the application. The department shall make all comments available for public inspection in the same locations where the department made available preconstruction information relating to the proposed major source or major modification.

(g) Make a final determination whether construction should be approved, approved with conditions, or disapproved.

(h) Notify the applicant in writing of the final determination and make the notification available for public inspection at the same location where the department made available preconstruction information and public comments relating to the major source.

**History**
- *History: 2006 AACS.*

##### **Mich. Admin. Code R 336.2818** Source obligation {#sec-r-336.2818 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.2818}

Rule 1818. (1) Approval to construct shall not relieve an owner or operator of the responsibility to comply fully with applicable provisions of the state implementation plan and any other requirements under local, state, or federal law.

(2) If a particular major source or major modification becomes a major stationary source or major modification solely by virtue of a relaxation in any enforceable limitation which was established after August 7, 1980, on the capacity of the major source or major modification otherwise to emit a pollutant, such as a restriction on hours of operation, then the requirements of R 336.2810 to R 336.2819 shall apply to the major source or major modification as though construction had not yet commenced on the major source or major modification.

(3) All of the following provisions apply to any regulated new source review pollutant emitted from projects at existing emissions units at a major stationary source, other than projects at a major source with a plant wide applicability limit, where there is a reasonable possibility, as defined in R 336.2818(3)(f), that a project that is not a part of a major modification may result in a significant emissions increase of such pollutant, and the owner or operator elects to use the method specified in R 336.2801(ll)(ii)(A) to (C) for calculating projected actual emissions:

(a) Before beginning actual construction of the project, the owner or operator shall document and maintain a record of all of the following information:

(i) A description of the project.

(ii) Identification of the emissions unit or units whose emissions of a regulated new major source review pollutant may be affected by the project.

(iii) A description of the applicability test used to determine that the project is not a major modification for any regulated new source review pollutant, including the baseline actual emissions, the projected actual emissions, the amount of emissions excluded under R 336.2801(ll)(ii)(C) and an explanation for why such amount was excluded, and any netting calculations, if applicable.

(b) If the emissions unit is an existing electric utility steam generating unit, then before beginning actual construction, the owner or operator shall provide a copy of the information required by subdivision (a) of this subrule to the department. This subdivision does not require the owner or operator of the unit to obtain any determination from the department before beginning actual construction.

(c) The owner or operator shall monitor the emissions of a regulated new source review pollutant that could increase as a result of the project and that is emitted by any emissions unit identified in subdivision (a)(ii) of this subrule; and calculate and maintain a record of the annual emissions, in tons per year on a calendar year basis, for a period of 5 years following resumption of regular operations after the change, or for a period of 10 years following resumption of regular operations after the change if the project increases the design capacity or potential to emit of that regulated new major source review pollutant at the emissions unit.

(d) If the unit is an existing electric utility steam generating unit, then the owner or operator shall submit a report to the department within 60 days after the end of each year during which records are generated under subdivision (c) of this subrule setting out the unit's annual emissions during the calendar year before submission of the report.

(e) If the unit is an existing unit other than an electric utility steam generating unit, then the owner or operator shall submit a report to the department if the annual emissions, in tons per year, from the project exceed the baseline actual emissions by a significant amount for that regulated new source review pollutant, and if such emissions differ from the preconstruction projection. The owner or operator shall submit the report to the department within 60 days after the end of such year. The report shall contain all of the following:

(i) The name, address, and telephone number of the major stationary source.

(ii) The annual emissions as calculated under subdivision (c) of this subrule.

(iii) Any other information that the owner or operator wishes to include in the report; for example, an explanation as to why the emissions differ from the preconstruction projection.

(f) A reasonable possibility occurs when the owner or operator calculates the project to result in either of the following:

(i) A projected actual emissions increase of at least 50% of the amount that is a significant emissions increase, as defined in R 336.2801(rr), without reference to the amount that is a significant net emissions increase for the regulated new source review pollutant.

(ii) A projected actual emissions increase that, added to the amount of emissions excluded under R 336.2801(ll)(ii)(C), sums to at least 50% of the amount that is a significant emissions increase, as defined in R 336.2801(rr), without reference to the amount that is a significant net emissions increase for the regulated new source review pollutant. For a project for which a reasonable possibility occurs only within the meaning of R 336.2818(3)(f)(ii), and not also within the meaning of R 336.2818(3)(f)(i), then the provisions of R 336.2818(3)(b) to (e) do not apply to the project.

(4) The owner or operator of the major source shall make the information required to be documented and maintained under this rule available for review upon request for inspection by the department or the general public under MCL 324.5516(2).

**History**
- *History: 2006 AACS; 2008 AACS.*

##### **Mich. Admin. Code R 336.2819** Innovative control technology {#sec-r-336.2819 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.2819}

Rule 1819. (1) An owner or operator of a proposed major stationary source or major modification may request the department to approve a system of innovative control technology.

(2) The department may, with notice to and advice from each affected state, determine that the major source or major modification may employ a system of innovative control technology, if all of the following occurs:

(a) The proposed control system would not cause or contribute to an unreasonable risk to public health, welfare, or safety in its operation or function.

(b) The owner or operator agrees to achieve a level of continuous emissions reduction equivalent to that which would have been required by R 336.2810(2), by a date specified by the department. The date shall not be later than 4 years from the time of startup or 7 years from permit issuance.

(c) The major source or major modification would meet the requirements equivalent to those in R 336.2810 and R 336.2811, based on the emissions rate that the major stationary source employing the system of innovative control technology would be required to meet on the date specified by the department.

(d) The major source or major modification would not do either of the following before the date specified by the department:

(i) Cause or contribute to any violation of an applicable national ambient air quality standard.

(ii) Impact any area where an applicable increment is known to be violated.

(e) All other applicable requirements including those for public participation have been met.

(f) The provisions of R 336.2816, relating to class I areas, have been satisfied with respect to all periods during the life of the major source or major modification.

(3) The department shall withdraw an approval to employ a system of innovative control technology made under this rule, if any of the following occurs:

(a) The proposed system fails by the specified date to achieve the required continuous emissions reduction rate.

(b) The proposed system fails before the specified date so as to contribute to an unreasonable risk to public health, welfare, or safety.

(c) The department decides at any time that the proposed system is unlikely to achieve the required level of control or to protect the public health, welfare, or safety.

(4) If a major source or major modification fails to meet the required level of continuous emissions reduction within the specified time period, or if the approval is withdrawn under subrule (3) of this rule, then the department may allow the major source or major modification up to an additional 3 years to meet the requirement for the application of best available control technology through use of a demonstrated system of control.

**History**
- *History: 2006 AACS.*

##### **Mich. Admin. Code R 336.2823** Actuals plantwide applicability limits (PALs) {#sec-r-336.2823 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.2823}

Rule 1823. (1) The following definitions apply to the use of actuals PALs consistent with this rule. If a term is not defined in these paragraphs, it shall have the meaning given in R 336.2801 or R 336.1101 to R 336.1127.

(a) "Actuals PAL for a major stationary source" means a PAL based on the baseline actual emissions of all emissions units at the major source that emit or have the potential to emit the PAL pollutant.

(b) "Allowable emissions" means allowable emissions as defined in R 336.2801, except as this definition is modified by the following:

(i) The allowable emissions for any emissions unit shall be calculated considering any emission limitations that are enforceable as a practical matter on the emissions unit's potential to emit.

(ii) An emissions unit's potential to emit shall be determined using the definition in R 336.2801, except that the words "or enforceable as a practical matter" should be added after "federally enforceable."

(c) "Small emissions unit" means an emissions unit that emits or has the potential to emit the PAL pollutant in an amount less than the significant level for that PAL pollutant, as defined in R 336.2801 or in the clean air act, whichever is lower.

(d) "Major emissions unit" means either of the following:

(i) Any emissions unit that emits or has the potential to emit 100 tons per year or more of the PAL pollutant in an attainment area.

(e) "Plantwide applicability limitation" or "PAL" means an emission limitation expressed in tons per year, for a pollutant at a major stationary source, that is enforceable as a practical matter and established source-wide in accordance with this rule.

(f) "PAL effective date" means the date of issuance of the PAL permit. However, the PAL effective date for an increased PAL is the date any emissions unit that is part of the PAL major modification becomes operational and begins to emit the PAL pollutant.

(g) "PAL effective period" means the period beginning with the PAL effective date and ending 10 years later.

(h) "PAL major modification" means, notwithstanding the definitions for major modification and net emissions increase, any physical change in or change in the method of operation of the PAL major source that causes it to emit the PAL pollutant at a level equal to or greater than the PAL.

(i) "PAL permit" means the permit to install issued under R 336.1201(1)(a) or R 336.1214a that establishes a PAL for a major stationary source.

(j) "PAL pollutant" means the pollutant for which a PAL is established at a major stationary source.

(k) "Significant emissions unit" means an emissions unit that emits or has the potential to emit a PAL pollutant in an amount that is equal to or greater than the significant level, as defined in R 336.2801 or in the clean air act, whichever is lower, for that PAL pollutant, but less than the amount that would qualify the unit as a major emissions unit.

(2) The following provisions describe the applicability of other federal regulations to major sources with PALs:

(a) The department may approve the use of an actuals PAL for any existing major stationary source if the PAL meets all of the requirements of this rule. The term "PAL" shall mean "actuals PAL" in this rule.

(b) Any physical change in or change in the method of operation of a major stationary source that maintains its total source-wide emissions below the PAL level, meets the requirements of this rule, and complies with the PAL permit. If the change complies with the PAL permit, then the following statements apply:

(i) The change is not a major modification for the PAL pollutant.

(ii) The change does not have to otherwise be approved under prevention of significant deterioration of air quality regulations or new source review for major sources in nonattainment areas regulations.

(iii) The change is not subject to R 336.2818(2), restrictions on relaxing enforceable emission limitations that the major stationary source used to avoid applicability of the major new source review program.

(c) Except as provided under subdivision (b)(iii) of this subrule, a major stationary source shall continue to comply with all applicable federal or state requirements, emission limitations, and work practice requirements that were established before the effective date of the PAL.

(3) As part of a permit application requesting a PAL, the owner or operator of a major stationary source shall submit the following information to the department for approval:

(a) A list of all emissions units at the major source designated as small, significant, or major based on their potential to emit. In addition, the owner or operator of the major source shall indicate which, if any, federal or state applicable requirements, emission limitations, or work practices apply to each unit.

(b) Calculations of the baseline actual emissions with supporting documentation.

Baseline actual emissions shall include emissions associated not only with operation of the unit, but also emissions associated with startup, shutdown, and malfunction.

(c) The calculation procedures that the major stationary source owner or operator proposes to use to convert the monitoring system data to monthly emissions and annual emissions based on a 12-month rolling total for each month as required by subrule (13)(a) of this rule.

(4) The following requirements establish PALs:

(a) The department may establish a PAL at a major stationary source, provided that, at a minimum, the following requirements are met:

(i) The PAL shall impose an annual emission limitation in tons per year, that is enforceable as a practical matter, for the entire major stationary source. For each month during the PAL effective period after the first 12 months of establishing a PAL, the major stationary source owner or operator shall show that the sum of the monthly emissions from each emissions unit under the PAL for the previous 12 consecutive months is less than the PAL, a 12-month average rolled monthly. For each month during the first 11 months from the PAL effective date, the major stationary source owner or operator shall show that the sum of the preceding monthly emissions from the PAL effective date for each emissions unit under the PAL is less than the PAL.

(ii) The PAL shall be established in a PAL permit that meets the public participation requirements in subrule (5) of this rule.

(iii) The PAL permit shall comply with subrule (7) of this rule.

(iv) The PAL shall include fugitive emissions, to the extent quantifiable, from all emissions units that emit or have the potential to emit the PAL pollutant at the major stationary source.

(v) Each PAL shall regulate emissions of only 1 pollutant.

(vi) Each PAL shall have a PAL effective period of 10 years.

(vii) The owner or operator of the major stationary source with a PAL shall comply with the monitoring, recordkeeping, and reporting requirements provided in subrules (12) to (14) of this rule for each emissions unit under the PAL through the PAL effective period.

(b) Emissions reductions of a PAL pollutant that occur during the PAL effective period are not creditable as decreases for emissions offsets unless the level of the PAL is reduced by the amount of the emissions reductions and the reductions would be creditable in the absence of the PAL.

(5) PALs for existing major stationary sources shall be established, renewed, or increased, through a permit to install issued under R 336.1201(1)(a). The department shall provide the public with notice of the proposed approval of a PAL permit and at least a 30-day period for submittal of public comment. The department shall address all material comments before taking final action on the permit.

(6) The following apply to setting the 10-year actuals PAL level:

(a) Except as provided in subdivision (b) of this subrule, the actuals PAL level for a major stationary source shall be established as the sum of the baseline actual emissions of the PAL pollutant for each emissions unit at the major source; plus an amount equal to the applicable significant level for the PAL pollutant as defined in R 336.2801 or the clean air act, whichever is lower. When establishing the actuals PAL level, for a PAL pollutant, only 1 consecutive 24-month period shall be used to determine the baseline actual emissions for all existing emissions units. However, a different consecutive 24-month period may be used for each different PAL pollutant. Emissions associated with units that were permanently shut down after this 24-month period shall be subtracted from the PAL level. The department shall specify a reduced PAL level, in tons per year, in the PAL permit to become effective on the future compliance dates of any applicable federal or state regulatory requirement before issuance of the PAL permit. For example, if the major source owner or operator will be required to reduce emissions from industrial boilers in half from baseline emissions of 60 parts per million oxides of nitrogen to a new rule limit of 30 parts per million, then the permit shall contain a future effective PAL level that is equal to the current PAL level reduced by half of the original baseline emissions of the units.

(b) For newly constructed units, which do not include modifications to existing units, on which actual construction began after the 24-month period, instead of adding the baseline actual emissions as specified in subdivision (a) of this subrule, the emissions shall be added to the PAL level in an amount equal to the potential to emit of the units.

(7) The PAL permit shall contain, at a minimum, all of the following information:

(a) The PAL pollutant and the applicable source-wide emission limitation in tons per year.

(b) The PAL permit effective date and the expiration date of the PAL (PAL effective period).

(c) Specification in the PAL permit that if a major stationary source owner or operator applies to renew a PAL under subrule (10) of this rule before the end of the PAL effective period, then the PAL shall not expire at the end of the PAL effective period. It shall remain in effect until a revised PAL permit is issued by the department.

(d) A requirement that emission calculations for compliance purposes include emissions from startups, shutdowns, and malfunctions.

(e) A requirement that, once the PAL expires, the major stationary source is subject to subrule (9) of this rule.

(f) The calculation procedures that the major stationary source owner or operator shall use to convert the monitoring system data to monthly emissions and annual emissions based on a 12-month rolling total for each month as required by subrule (3)(a) of this rule.

(g) A requirement that the major stationary source owner or operator monitor all emissions units in accordance with the provisions under subrule (13) of this rule.

(h) A requirement to retain the records required under subrule (13) of this rule on site.

The records may be retained in an electronic format.

(i) A requirement to submit the reports required under subrule (14) of this rule by the required deadlines.

(j) Any other requirements that the department determines necessary to implement and enforce the PAL.

(8) All of the following apply to the PAL effective period and reopening of the PAL permit:

(a) The department shall specify a PAL effective period of 10 years.

(b) All of the following apply to reopening of the PAL permit.

(i) During the PAL effective period, the department shall reopen the PAL permit to do any of the following:

(A) Correct typographical and calculation errors made in setting the PAL or reflect a more accurate determination of emissions used to establish the PAL.

(B) Reduce the PAL if the owner or operator of the major stationary source creates creditable emissions reductions for use as offsets under new source review for major sources in nonattainment areas regulations.

(ii) The department may reopen the PAL permit to accomplish any of the following:

(A) Reduce the PAL to reflect newly applicable federal requirements with compliance dates after the PAL effective date.

(B) Reduce the PAL consistent with any other requirement that is enforceable as a practical matter and that the state may impose on the major stationary source under the state implementation plan.

(C) Reduce the PAL if the department determines that a reduction is necessary to avoid causing or contributing to a national ambient air quality standard or PSD increment violation, or to an adverse impact on an air quality related value that has been identified for a federal class I area by a federal land manager and for which information is available to the general public.

(iii) Except for a permit reopening for the correction of typographical and calculation errors that do not increase the PAL level, all reopenings shall be carried out in accordance with the public participation requirements of subrule (5) of this rule.

(9) Any PAL that is not renewed in accordance with subrule (10) of this rule shall expire at the end of the PAL effective period, and the following requirements shall apply:

(a) Each emissions unit, or each group of emissions units, that existed under the PAL shall comply with an allowable emission limitation under a revised permit established according to both of the following:

(i) Within the time frame specified for PAL renewals in subrule (10)(b) of this rule, the major stationary source shall submit a proposed allowable emission limitation for each emissions unit, or each group of emissions units, if such a distribution is more appropriate as determined by the department, by distributing the PAL allowable emissions for the major stationary source among each of the emissions units that existed under the PAL. If the PAL had not yet been adjusted for an applicable requirement that became effective during the PAL effective period, as required under subrule (10)(e) of this rule, the distribution shall be made as if the PAL had been adjusted.

(ii) The department shall determine whether and how the PAL allowable emissions shall be distributed and issue a revised permit incorporating allowable limits for each emissions unit, or each group of emissions units, as the department determines is appropriate.

(b) Each emissions unit shall comply with the allowable emission limitation on a 12month rolling basis. The department may approve the use of monitoring systems, such as source testing and emission factors, other than CEMS, CERMS, PEMS or CPMS to demonstrate compliance with the allowable emission limitation.

(c) Until the department issues the revised permit incorporating allowable limits for each emissions unit, or each group of emissions units, as required under subrule (9)(a)(ii) of this rule, the major source shall continue to comply with a source-wide, multiunit emissions cap equivalent to the level of the PAL emission limitation.

(d) Any physical change or change in the method of operation at the major stationary source shall be subject to major new source review requirements if such change meets the definition of major modification in R 336.2801.

(e) The major stationary source owner or operator shall continue to comply with any state or federal applicable requirements that may have applied either during the PAL effective period or before the PAL effective period, except for those emission limitations that had been established under R 336.2818(2), but were eliminated by the PAL under subrule (2)(b)(iii) of this rule.

(10) All of the following apply to renewal of a PAL:

(a) The department shall comply with subrule (5) of this rule in approving any request to renew a PAL for a major stationary source and shall provide both the proposed PAL level and a written rationale for the proposed PAL level to the public for review and comment. During public review, any person may propose a PAL level for the major source for consideration by the department.

(b) A major stationary source owner or operator shall submit a timely application to the department to request renewal of a PAL. A timely application is one that is submitted at least 6 months before, but not earlier than 18 months from, the date of permit expiration.

This deadline for application submittal is to ensure that the permit will not expire before the permit is renewed. If the owner or operator of a major stationary source submits a complete application to renew the PAL within this time period, then the PAL shall continue to be effective until the revised permit with the renewed PAL is issued.

(i) The information required in subrule (3)(a) to (c) of this rule.

(ii) A proposed PAL level.

(iii) The sum of the potential to emit of all emissions units under the PAL, with supporting documentation.

(iv) Any other information the owner or operator requests the department to consider in determining the appropriate level for renewing the PAL.

(d) In determining whether and how to adjust the PAL, the department shall consider the following:

(i) If the emissions level calculated in accordance with subrule (6) of this rule is equal to or greater than 80% of the PAL level, the department may renew the PAL at the same level without considering the factors in subrule (10)(d)(ii) of this rule.

(ii) The department may set the PAL at a level that it determines to be more representative of the major source's baseline actual emissions, or that it determines to be appropriate considering air quality needs, advances in control technology, anticipated economic growth in the area, desire to reward or encourage the major source's voluntary emissions reductions, or other factors as specifically identified by the department in its written rationale.

(iii) Notwithstanding subrule (10)(d)(i) and (ii) of this rule, both of the following shall apply:

(A) If the potential to emit of the major stationary source is less than the PAL, then the department shall adjust the PAL to a level not greater than the potential to emit of the major source.

(B) The department shall not approve a renewed PAL level higher than the current PAL, unless the major stationary source has complied with subrule (11) of this rule.

(e) If the compliance date for a state or federal requirement that applies to the PAL major source occurs during the PAL effective period, and if the department has not already adjusted for the requirement, then the PAL shall be adjusted at the time of PAL permit renewal or renewable operating permit renewal, whichever occurs first.

(11) The following shall apply to increasing a PAL during the PAL effective period:

(a) The department may increase a PAL emission limitation only if the major stationary source complies with the following provisions:

(i) The owner or operator of the major stationary source shall submit a complete application to request an increase in the PAL limit for a PAL major modification. The application shall identify the emissions units contributing to the increase in emissions so as to cause the major stationary source's emissions to equal or exceed its PAL.

(ii) As part of this application, the major stationary source owner or operator shall demonstrate that the sum of the baseline actual emissions of the small emissions units, plus the sum of the baseline actual emissions of the significant and major emissions units assuming application of BACT equivalent controls, plus the sum of the allowable emissions of the new or modified emissions units, exceeds the PAL. The level of control that would result from BACT equivalent controls on each significant or major emissions unit shall be determined by conducting a new BACT analysis at the time the application is submitted, unless the emissions unit is currently required to comply with a BACT or LAER requirement that was established within the preceding 10 years. In such a case, the assumed control level for that emissions unit shall be equal to the level of BACT or LAER with which that emissions unit must currently comply.

(iii) The owner or operator obtains a major new source review permit for all emissions units identified in subrule (11)(a)(i) of this rule, regardless of the magnitude of the emissions increase resulting from them, that is, no significant levels apply. These emissions units shall comply with any emissions requirements resulting from the major new source review process, even though they have also become subject to the PAL or continue to be subject to the PAL.

(iv) The PAL permit shall require that the increased PAL level shall be effective on the day any emissions unit that is part of the PAL major modification becomes operational and begins to emit the PAL pollutant.

(b) The department shall calculate the new PAL as the sum of the allowable emissions for each modified or new emissions unit, plus the sum of the baseline actual emissions of the significant and major emissions units, assuming application of BACT equivalent controls as determined under subdivision (a)(ii) of this subrule, plus the sum of the baseline actual emissions of the small emissions units.

(c) The PAL permit shall be revised to reflect the increased PAL level under the public notice requirements of subrule (5) of this rule.

(12) The following are monitoring requirements for PALs:

(a) All of the following general provisions are required:

(i) Each PAL permit shall contain enforceable requirements for the monitoring system that accurately determine plantwide emissions of the PAL pollutant in terms of mass per unit of time. Any monitoring system authorized for use in the PAL permit shall be based on sound science and meet generally acceptable scientific procedures for data quality and manipulation. Additionally, the information generated by the system shall meet minimum legal requirements for admissibility in a judicial proceeding to enforce the PAL permit.

(ii) The PAL monitoring system shall employ 1 or more of the 4 general monitoring approaches in subdivision (b) of this subrule and shall be approved by the department.

(iii) Notwithstanding paragraph (ii) of this subdivision, the PAL may also employ an alternative monitoring approach that meets paragraph (i) of this subdivision if approved by the department.

(iv) Failure to use a monitoring system that meets the requirements of this rule renders the PAL invalid.

(b) The following are acceptable general monitoring approaches when conducted in accordance with subdivisions (c) to (i) of this subrule:

(i) Mass balance calculations for activities using coatings or solvents.

(ii) CEMS.

(iii) CPMS or PEMS.

(iv) Emission factors.

(c) An owner or operator using mass balance calculations to monitor PAL pollutant emissions from activities using coating or solvents shall meet all of the following requirements:

(i) Provide a demonstrated means of validating the published content of the PAL pollutant that is contained in or created by all materials used in or at the emissions unit.

(ii) Assume that the emissions unit emits all of the PAL pollutant that is contained in or created by any raw material or fuel used in or at the emissions unit, if it cannot otherwise be accounted for in the process.

(iii) Where the vendor of a material or fuel, which is used in or at the emissions unit, publishes a range of pollutant content from such material, then the owner or operator shall use the highest value of the range to calculate the PAL pollutant emissions unless the department determines there is site-specific data or a site-specific monitoring program to support another content within the range.

(d) An owner or operator using CEMS to monitor PAL pollutant emissions shall meet both of the following requirements:

(i) CEMS shall comply with applicable performance specifications found in 40 C.F.R.

part 60, appendix B, adopted by reference in R 336.1902.

(ii) CEMS shall sample, analyze, and record data at least every 15 minutes while the emissions unit is operating.

(e) An owner or operator using CPMS or PEMS to monitor PAL pollutant emissions shall meet both of the following requirements:

(i) The CPMS or the PEMS shall be based on current site-specific data demonstrating a correlation between the monitored parameters and the PAL pollutant emissions across the range of operation of the emissions unit.

(ii) Each CPMS or PEMS shall sample, analyze, and record data at least every 15 minutes, or at another less frequent interval approved by the department, while the emissions unit is operating.

(f) An owner or operator using emission factors to monitor PAL pollutant emissions shall meet all of the following requirements:

(i) All emission factors shall be adjusted, if appropriate, to account for the degree of uncertainty or limitations in the factors' development.

(ii) The emissions unit shall operate within the designated range of use for the emission factor, if applicable.

(iii) If technically practicable, the owner or operator of a significant emissions unit that relies on an emission factor to calculate PAL pollutant emissions shall conduct validation testing to determine a site-specific emission factor within 6 months of PAL permit issuance, unless the department determines that testing is not required.

(g) A major source owner or operator shall record and report maximum potential emissions without considering enforceable emission limitations or operational restrictions for an emissions unit during any period of time that there is no monitoring data, unless another method for determining emissions during such periods is specified in the PAL permit.

(h) Notwithstanding the requirements in subdivisions (c) to (g) of this subrule, if an owner or operator of an emissions unit cannot demonstrate a correlation between the monitored parameters and the PAL pollutant emissions rate at all operating points of the emissions unit, then the department shall do either of the following at the time of permit issuance:

(i) Establish default values for determining compliance with the PAL based on the highest potential emissions reasonably estimated at each unmonitored operating point.

(ii) Determine that operation of the emissions unit during operating conditions when there is no correlation between monitored parameters and the PAL pollutant emissions is a violation of the PAL.

(i) All data used to establish the PAL pollutant shall be revalidated through performance testing or other scientifically valid means approved by the department. Testing shall occur at least once every 5 years after issuance of the PAL.

(13) The PAL permit shall require the following recordkeeping requirements:

(a) Require an owner or operator to retain a copy of all records necessary to determine compliance with this rule and the PAL, including a determination of each emissions unit's 12-month rolling total emissions, for 5 years from the date of such record.

(b) Require an owner or operator to retain a copy of all of the following records, for the duration of the PAL effective period plus 5 years:

(i) A copy of the PAL permit application and any applications for revisions to the PAL.

(ii) Each annual certification of compliance under the renewable operating permit and the data relied on in certifying compliance.

(14) The owner or operator shall submit semiannual monitoring reports and prompt deviation reports to the department in accordance with the applicable renewable operating permit program. The reports shall meet the following requirements:

(a) The semiannual report shall be submitted to the department concurrently with the semiannual report required by the renewable operating permit for the stationary source.

The report shall contain all of the following information:

(i) The identification of owner and operator and the permit number.

(ii) Total annual emissions in tons per year based on a 12-month rolling total for each month in the reporting period recorded under subrule (13)(a) of this rule.

(iii) All data relied upon, including, but not limited to, any quality assurance or quality control data, in calculating the monthly and annual PAL pollutant emissions.

(iv) A list of emissions units modified or added to the major stationary source during the preceding 6-month period.

(v) The number, duration, and cause of deviations or monitoring malfunctions, other than the time associated with zero and span calibration checks, and any corrective action taken.

(vi) A notification of a shutdown of any monitoring system, whether the shutdown was permanent or temporary, the reason for the shutdown, the anticipated date that the monitoring system will be fully operational or replaced with another monitoring system, and whether the emissions unit monitored by the monitoring system continued to operate, and the calculation of the emissions of the pollutant or the number determined by method included in the permit, as provided by subrule (12)(g) of this rule.

(vii) A signed statement by the responsible official, as defined by the applicable renewable operating permit program, certifying the truth, accuracy, and completeness of the information provided in the report.

(b) The major stationary source owner or operator shall promptly submit reports of any deviations or exceedance of the PAL requirements, including periods where monitoring is not available. A report submitted under R 336.1213(3)(c) shall satisfy the reporting requirement. The deviation reports shall be submitted within the time limits prescribed by the major source's renewable operating permit. The reports shall contain all of the following information:

(i) The identification of owner and operator and the permit number.

(ii) The PAL requirement that experienced the deviation or that was exceeded.

(iii) Emissions resulting from the deviation or the exceedance.

(iv) A signed statement by the responsible official, as defined by the renewable operating permit, certifying the truth, accuracy, and completeness of the information provided in the report.

(c) The owner or operator shall submit to the department the results of any revalidation test or method within 3 months after completion of the test or method.

(15) The owner or operator of a facility complying with an actuals PAL may install a new emissions unit without first obtaining a permit to install under R 336.1201, if the following requirements are met:

(a) The new emissions unit will not cause a meaningful change in the nature or quantity of toxic air contaminants emitted from the major stationary source, unless the new emissions unit is otherwise exempt under R 336.1278 to R 336.1290. In determining whether the new emissions unit will cause a meaningful change in the nature or quantity of toxic air contaminants, the following shall apply:

(i) The owner or operator shall demonstrate to the department that a meaningful change in the nature or quantity of toxic air contaminants has not occurred. The owner or operator may devise its own method to perform this demonstration subject to approval by the department. However, if the applicant demonstrates that all toxic air contaminant emissions from a new emissions unit are within the levels specified in R 336.1226 or R 336.1227, then a meaningful change in toxic air contaminants has not occurred.

(ii) If, using the methods described in paragraph (i) of this subdivision, the owner or operator determines that the installation of new emission units will cause a meaningful change in the nature or quantity of toxic air contaminant emissions, then the owner or operator shall obtain a state-only enforceable permit to install under R 336.1201(1)(b).

(iii) A copy of the demonstration required by paragraph (i) of this subdivision shall be kept on site for the life of the new emissions unit and made available to the department upon request.

(b) The new emissions unit will not emit a regulated new source review pollutant that is not subject to a PAL, unless the new emissions unit is eligible for an exemption listed in R 336.1201 to R 336.1290.

(d) The installation of the new emissions unit will not cause the violation of any other applicable requirement.

(e) The owner or operator shall notify the department of the installation of a new emissions unit using the procedure specified in R 336.1215(3)(c).

**History**
- *History: 2006 AACS; 2019 AACS.*

### **R 336.2901 to R 336.2908** Part 19. New Source Review For Major Sources Impacting Nonattainment Areas

##### **Mich. Admin. Code R 336.2901** Definitions {#sec-r-336.2901 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.2901}

MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY

AIR QUALITY DIVISION

PART 19. NEW SOURCE REVIEW FOR MAJOR SOURCES IMPACTING

NONATTAINMENT AREAS

(By authority conferred on the director of environmental quality by Part 55, Air Pollution Control, of the Natural Resources and Environmental Protection Act, 1994 PA 451, MCL 324.5501 to 324.5542)

PART 19. NEW SOURCE REVIEW FOR MAJOR SOURCES

IMPACTING NONATTAINMENT AREAS

Rule 1901. The following definitions apply to terms used in this part. If a term defined here is also defined elsewhere in these rules, then the definition contained here supersedes for this part only:

(a) “Actual emissions” means the actual rate of emissions of a regulated new source review pollutant from an emissions unit, as determined under R 336.1101(b), except that this definition shall not apply for calculating whether a significant emissions increase has occurred, or for establishing a plant wide applicability limit under R 336.2907. Instead, the terms “projected actual emissions” and “baseline actual emissions” shall apply for those purposes.

(b) “Baseline actual emissions” means the rate of emissions, in tons per year, of a regulated new source review pollutant, as determined by the following:

(i) For any existing electric utility steam generating unit, baseline actual emissions means the average rate, in tons per year, at which the unit actually emitted the pollutant during any consecutive 24-month period selected by the owner or operator within the 5-year period immediately preceding when the owner or operator begins actual construction of the project. The department shall allow the use of a different time period upon a determination that it is more representative of normal source operation. The following shall apply:

(A) The average rate shall include fugitive emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions.

(B) The average rate shall be adjusted downward to exclude any non-compliant emissions that occurred while the source was operating above any emission limitation that was legally enforceable during the consecutive 24-month period.

(C) For a regulated new source review pollutant, when a project involves multiple emissions units, only one consecutive 24-month period shall be used to determine the baseline actual emissions for the emissions units being changed. A different consecutive 24-month period may be used for each regulated new source review pollutant.

(ii) For an existing emissions unit, other than an electric utility steam generating unit, baseline actual emissions means the average rate, in tons per year, at which the emissions unit actually emitted the pollutant during any consecutive 24-month period selected by the owner or operator within the 10-year period immediately preceding either the date the owner or operator begins actual construction of the project, or the date a complete permit application is received by the department for a permit required under R 336.1201, whichever is earlier, except that the 10-year period shall not include any period earlier than November 15, 1990. All of the following shall apply:

(A) The average rate shall include fugitive emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions.

(B) The average rate shall be adjusted downward to exclude any non-compliant emissions that occurred while the source was operating above an emission limitation that was legally enforceable during the consecutive 24-month period.

(C) The average rate shall be adjusted downward to exclude any emissions that would have exceeded an emission limitation with which the major stationary source must currently comply, had the major stationary source been required to comply with the limitations during the consecutive 24-month period. However, if an emission limitation is part of a maximum achievable control technology standard that the United States environmental protection agency proposed or promulgated under 40 C.F.R. part 63, adopted by reference in R 336.1902, then the baseline actual emissions need only be adjusted if the department has taken credit for such emissions reductions in an attainment demonstration or maintenance plan.

(D) For a regulated new source review pollutant, when a project involves multiple emissions units, only 1 consecutive 24-month period shall be used to determine the baseline actual emissions for the emissions units being changed. A different consecutive 24-month period may be used for each regulated new source review pollutant.

(iv) For a plant wide applicability limit for a major stationary source, the baseline actual emissions shall be calculated for existing electric utility steam generating units under paragraph (i) of this subdivision, for other existing emissions units under paragraph (ii) of this subdivision, and for a new emissions unit under paragraph (iii) of this subdivision.

(c) “Begin actual construction” means, in general, initiation of physical on-site construction activities on an emissions unit which are of a permanent nature. Such activities include, but are not limited to, installation of building supports and foundations, laying of underground pipework, and construction of permanent storage structures. “A change in method of operation” refers to those on-site activities other than preparatory activities which mark the initiation of the change.

(d) “Best available control technology” or “BACT” means an emissions limitation, including a visible emissions standard, based on the maximum degree of reduction for each regulated new source review pollutant which would be emitted from any proposed major stationary source or major modification which the department, on a case-by-case basis, taking into account energy, environmental, and economic impacts and other costs, determines is achievable for such source or modification through application of production processes or available methods, systems, and techniques, including fuel cleaning or treatment or innovative fuel combustion techniques for control of such pollutant.

The standard shall, to the degree possible, set forth the emissions reduction achievable by implementation of the design, equipment, work practice, or operation, and shall provide for compliance by means which achieve equivalent results.

(e) “Building, structure, facility, or installation” means all of the pollutant-emitting activities which belong to the same industrial grouping, are located on 1 or more contiguous or adjacent properties, and are under the control of the same person, or persons under common control, except the activities of any vessel. Pollutant-emitting activities are part of the same industrial grouping if they have the same 2-digit major group code associated with their primary activity. Major group codes and primary activities are described in the standard industrial classification manual, 1987. For assistance in converting North American industrial classification system codes to standard industrial classification codes see http://www.census.gov/epcd/naics02/.

(f) “Clean coal technology” means any technology, including technologies applied at the precombustion, combustion, or post-combustion stage, at a new or existing facility which will achieve significant reductions in air emissions of sulfur dioxide or oxides of nitrogen associated with the utilization of coal in the generation of electricity, or process steam which was not in widespread use as of November 15, 1990.

(g) “Clean coal technology demonstration project” means a project using funds appropriated under the heading "department of energy-clean coal technology," up to a total amount of $2,500,000,000 for commercial demonstration of clean coal technology, or similar projects funded through appropriations for the United States environmental protection agency. The federal contribution for a qualifying project shall be at least 20% of the total cost of the demonstration project.

(h) [Reserved]

(i) “Commence” as applied to construction of a major stationary source or major modification means that the owner or operator has all necessary preconstruction approvals or permits and has either of the following:

(i) Begun, or caused to begin, a continuous program of actual on-site construction of the source, to be completed within a reasonable time.

(j) “Construction” means any physical change or change in the method of operation, including fabrication, erection, installation, demolition, or modification of an emissions unit, that would result in a change in emissions.

(k) “Continuous emissions monitoring system” or “CEMS” means all of the equipment that may be required to meet the data acquisition and availability requirements of this rule, to sample, condition, if applicable, analyze, and provide a record of emissions on a continuous basis.

(l) “Continuous emissions rate monitoring system” or “CERMS” means the total equipment required for the determination and recording of the pollutant mass emissions rate, in terms of mass per unit of time.

(m) “Continuous parameter monitoring system” or “CPMS” means all of the equipment necessary to meet the data acquisition and availability requirements of this rule, to monitor process and control device operational parameters and other information, and to record average operational parameter values on a continuous basis.

(n) “Electric utility steam generating unit” means any steam electric generating unit that is constructed for the purpose of supplying more than 1/3 of its potential electric output capacity and more than 25 megawatts electrical output to any utility power distribution system for sale. Any steam supplied to a steam distribution system for the purpose of providing steam to a steam-electric generator that would produce electrical energy for sale is also considered in determining the electrical energy output capacity of the affected facility.

(o) “Emissions unit” means any part of a stationary source that emits or would have the potential to emit any regulated new source review pollutant. The term emissions unit includes an electric steam generating unit. Each emissions unit can be classified as either new or existing based on the following:

(i) A new emissions unit is any emissions unit that is, or will be, newly constructed and that has existed for less than 2 years from the date the emissions unit first operated.

(A) The emissions unit is a reconstructed unit as defined within R 336.1118(b) or the emissions unit completely takes the place of an existing emissions unit.

(B) The emissions unit is identical to or functionally equivalent to the replaced emissions unit.

(p) “Federal land manager” means, with respect to any lands in the United States, the secretary of the department with authority over such lands.

(q) ‘Functionally equivalent component” means a component that serves the same purpose as the replaced component.

(r) "Hydrocarbon combustion flare" means either a flare used to comply with an applicable new source performance standard or maximum achievable control technology standard, including uses of flares during startup, shutdown, or malfunction permitted under such a standard, or a flare that serves to control emissions of waste streams comprised predominately of hydrocarbons and containing not more than 230 milligrams per dry standard cubic meter hydrogen sulfide.

(s) “Lowest achievable emission rate” or “LAER” means, for any source, the more stringent rate of emissions based on either of the following:

(i) The most stringent emissions limitation that is contained in the implementation plan of any state for the same class or category of stationary source, unless the owner or operator of the proposed stationary source demonstrates that the limitations are not achievable.

(ii) The most stringent emissions limitation that is achieved in practice by the same class or category of stationary sources. This limitation, when applied to a modification, means the lowest achievable emissions rate for the new or modified emissions units within a stationary source. Application of the term shall not permit a proposed new or modified stationary source to emit any pollutant in excess of the amount allowable under an applicable new source performance standard.

(t) “Major modification” means the following:

(i) Any physical change in or change in the method of operation of a major stationary source that would result in both of the following:

(A) A significant emissions increase of a regulated new source review pollutant.

(B) A significant net emissions increase of that pollutant from the major stationary source.

(ii) Any significant emissions increase from any emissions units or net emissions increase at a major stationary source that is significant for volatile organic compounds shall be considered significant for ozone.

(iii) A physical change or change in the method of operation shall not include any of the following:

(A) Routine maintenance, repair, and replacement.

(B) Use of an alternative fuel or raw material by reason of an order under sections 2 (a) and (b) of the energy supply and environmental coordination act of 1974, 15 U.S.C. §792 et seq., or any superseding legislation, or by reason of a natural gas curtailment plan under the federal power act of 1995, 16 U.S.C. §791-828c et seq.

(D) Use of an alternative fuel at a steam generating unit to the extent that the fuel is generated from municipal solid waste.

(E) Use of an alternative fuel or raw material by a stationary source which meets either of the following:

(1) The source was capable of accommodating before December 21, 1976, unless the change would be prohibited under any federally enforceable permit condition that was established after December 12, 1976, under prevention of significant deterioration of air quality regulations or new source review for major sources in nonattainment areas regulations.

(2) The source is approved to use under any permit issued under R 336.1201(1)(a).

(F) An increase in the hours of operation or in the production rate, unless such change is prohibited under any federally enforceable permit condition that was established after December 21, 1976, under R 336.1201(1)(a).

(G) Any change in ownership at a stationary source.

(H) [Reserved]

(I) The installation, operation, cessation, or removal of a temporary clean coal technology demonstration project, provided that the project complies with both of the following:

(1) The state implementation plan.

(2) Other requirements necessary to attain and maintain the national ambient air quality standard during the project and after it is terminated.

(iv) This definition shall not apply with respect to a particular regulated new source review pollutant when the major stationary source is complying with the requirements of R 336.2907 for a plant wide applicability limit for that pollutant. Instead, the definition in R 336.2907(1)(h) shall apply.

(v) For the purposes of applying the requirements of R 336.2902(8) to modifications at major stationary sources of nitrogen oxides located in ozone nonattainment areas or in ozone transport regions, whether or not subject to subpart 2, part D, title 1 of the clean air act, any significant net emissions increase of nitrogen oxides is considered significant for ozone.

(vi) Any physical change in, or change in the method of operation of, a major stationary source of volatile organic compounds that results in any increase in emissions of volatile organic compounds from any discrete operation, emissions unit, or other pollutant emitting activity at the source shall be considered a significant net emissions increase and a major modification for ozone, if the major stationary source is located in an extreme ozone nonattainment area that is subject to subpart 2, part D, title 1 of the clean air act.

(u) “Major stationary source” means all of the following:

(i) Any of the following:

(A) Any stationary source of air pollutants that emits or has the potential to emit 100 tons per year or more of any regulated new source review pollutant, except that lower emissions thresholds shall apply in areas subject to subpart 2, subpart 3, or subpart 4 of part D, title 1 of the clean air act, according to the following:

(1) In any serious ozone nonattainment area, 50 tons per year of volatile organic compounds.

(2) In an area within ozone transport region except for any severe or extreme ozone nonattainment area, 50 tons per year of volatile organic compounds.

(3) In any severe ozone nonattainment area, 25 tons per year of volatile organic compounds.

(4) In any extreme ozone nonattainment area, 10 tons per year of volatile organic compounds.

(5) In any serious nonattainment area for carbon monoxide, where the department has determined that stationary sources contribute significantly to carbon monoxide levels in the area, 50 tons per year of carbon monoxide.

(6) In any serious nonattainment area for PM-10, 70 tons per year of PM-10.

(B) For the purposes of applying the requirements of R 336.2902(8) to stationary sources of nitrogen oxides located in an ozone nonattainment area or in an ozone transport region, any stationary source which emits, or has the potential to emit, 100 tons per year or more of nitrogen oxide emissions, except that the following emission thresholds shall apply in areas subject to subpart 2 of part D, title 1 of the clean air act:

(1) In any ozone nonattainment area classified as marginal or moderate, 100 tons per year or more of nitrogen oxides.

(2) In any ozone nonattainment area classified as a transitional, submarginal, or incomplete or no data area, when such area is located in an ozone transport region, 100 tons per year or more of nitrogen oxides.

(3) In any area designated under section 107(d) of the clean air act as attainment or unclassifiable for ozone that is located in an ozone transport region, 100 tons per year or more of nitrogen oxides.

(4) In any serious nonattainment area for ozone, 50 tons per year or more of nitrogen oxides.

(5) In any severe nonattainment area for ozone, 25 tons per year or more of nitrogen oxides.

(6) In any extreme nonattainment area for ozone, 10 tons per year or more of nitrogen oxides.

(C) Any physical change that would occur at a stationary source not qualifying under R 336.2901(u)(i)(A) or (B) as a major stationary source, if the change would constitute a major stationary source by itself.

(ii) A major stationary source that is major for volatile organic compounds shall be considered major for ozone.

(iii) The fugitive emissions of a stationary source shall not be included in determining for any of the purposes of this paragraph whether it is a major stationary source, unless the source belongs to one of the following categories of stationary sources:

(A) Coal cleaning plants, with thermal dryers.

(B) Kraft pulp mills.

(D) Primary zinc smelters.

(E) Iron and steel mills.

(F) Primary aluminum ore reduction plants.

(G) Primary copper smelters.

(H) Municipal incinerators capable of charging more than 250 tons of refuse per day.

(I) Hydrofluoric, sulfuric, or nitric acid plants.

(J) Petroleum refineries.

(K) Lime plants.

(L) Phosphate rock processing plants.

(M) Coke oven batteries.

(N) Sulfur recovery plants.

(O) Carbon black plants, furnace process.

(P) Primary lead smelters.

(Q) Fuel conversion plants.

(R) Sintering plants.

(S) Secondary metal production plants.

(T) Chemical process plants. The term chemical process plant shall not include ethanol production facilities that produce ethanol by natural fermentation included in North American Industrial Classification System codes 325193 or 312140.

(U) Fossil-fuel boilers, or combination thereof, totaling more than 250 million British thermal units per hour heat input.

(V) Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels.

(W) Taconite ore processing plants.

(X) Glass fiber processing plants.

(Y) Charcoal production plants.

(Z) Fossil fuel-fired steam electric plants of more than 250 million British thermal units per hour heat input.

(AA) Any other stationary source category which, as of August 7, 1980, is being regulated under section 111 or 112 of the clean air act.

(v) “Necessary preconstruction approvals or permits” mean a permit issued under R 336.1201(1)(a) that is required by R 336.2802 or R 336.2902.

(w) “Net emissions increase” means all of the following:

(i) With respect to any regulated new source review pollutant emitted by a major stationary source, the amount by which the sum of the following exceeds zero:

(A) The increase in emissions from a particular physical change or change in the method of operation at a stationary source as calculated under R 336.2902(2).

(B) Any other increases and decreases in actual emissions at the major stationary source that occur within the contemporaneous period and are otherwise creditable.

(ii) The contemporaneous period must meet all of the following:

(A) Begins on the date 5 years before construction on the particular change commences.

(B) Ends on the date that the increase from the particular change occurs.

(iv) The magnitude of a creditable, contemporaneous increase in actual emissions is determined by the amount that the allowable emissions following the increase exceed the emissions unit’s baseline actual emissions prior to the increase. This means allowable emissions and baseline actual emissions are determined from the date of the contemporaneous increase. Baseline actual emissions shall be determined as provided in the definition of baseline actual emissions, except that subdivision (b)(i)(C) and (b)(ii)(D) of this rule shall not apply.

(v) A contemporaneous decrease in actual emissions is creditable only to the extent that all of the following occur:

(A) The magnitude of a creditable contemporaneous decrease is determined by the lower of the following:

(1) The amount by which the emission unit’s baseline actual emissions prior to the decrease exceed the level of allowable emissions following the decrease.

(2) The amount by which the emission unit’s allowable emissions prior to the decrease exceed the level of allowable emissions following the decrease.

(3) In determining the magnitude of a creditable contemporaneous decrease, allowable emissions and baseline actual emissions are determined from the date of the contemporaneous decrease. Baseline actual emissions shall be determined as provided in the definition of baseline actual emissions except that subdivision (b)(i)(C) and (b)(ii)(D) of this rule shall not apply.

(B) It is enforceable as a practical matter at and after the time that actual construction on the particular change begins.

(D) It has approximately the same qualitative significance for public health and welfare as that attributed to the increase from the particular change.

(vi) An increase that results from a physical change at a source occurs when the emissions unit on which construction occurred becomes operational and begins to emit a particular pollutant. Any replacement unit that requires shakedown becomes operational only after a reasonable shakedown period, not to exceed 180 days.

(vii) The definition of actual emissions in R 336.1101(b) shall not apply for determining creditable increases and decreases after a change, instead the definitions of the terms “projected actual emissions” and “baseline actual emissions” shall be used.

(x) “Nonattainment major new source review” or “NSR” program means the requirements of this rule, R 336.1220, or R 336.1221. A permit issued under any of these rules is a major new source review permit.

(y) [Reserved]

(z) “Potential to emit” means the maximum capacity of a stationary source to emit a pollutant under its physical and operational design. Any physical or operational limitation on the capacity of the source to emit a pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design only if the limitation or the effect it would have on emissions is federally legally enforceable. Secondary emissions do not count in determining the potential to emit of a stationary source.

(aa) “Predictive emissions monitoring system” or “PEMS” means all of the equipment necessary to monitor process and control device operational parameters and other information and calculate and record the mass emissions rate on a continuous basis.

(bb) “Prevention of significant deterioration” or “PSD” permit means any permit that is issued under R 336.2802 or the prevention of significant deterioration of air quality regulations under 40 C.F.R. §52.21, adopted by reference in R 336.1902.

(cc) “Process Unit” means any collection of structures or equipment, or both that processes, assembles, applies, blends, or otherwise uses material inputs to produce or store an intermediate or a completed product. A single stationary source may contain more than one process unit, and a process unit may contain more than one emissions unit.

(i) Pollution control equipment is not part of the process unit, unless it serves a dual function as both process and control equipment. Administrative and warehousing facilities are not part of the process unit.

(ii) For replacement cost purposes, components shared between two or more process units are proportionately allocated based on capacity.

(iii)The following list identifies process units at specific categories of stationary sources.

(A) For a steam electric generating facility, the process unit consists of those portions of the plant that contribute directly to the production of electricity. For example, at a pulverized coal-fired facility, the process unit would generally be the combination of those systems from the coal receiving equipment through the emission stack (excluding post-combustion pollution controls), including the coal handling equipment, pulverizers or coal crushers, feedwater heaters, ash handling, boiler, burners, turbine-generator set, condenser, cooling tower, water treatment system, air preheaters, and operating control systems. Each separate generating unit is a separate process unit.

(B) For a petroleum refinery, there are several categories of process units: those that separate or distill, or both petroleum feedstocks; those that change molecular structures; petroleum treating processes; auxiliary facilities, such as steam generators and hydrogen production units; and those that load, unload, blend or store intermediate or completed products.

(C) For an incinerator, the process unit would consist of components from the feed pit or refuse pit to the stack, including conveyors, combustion devices, heat exchangers and steam generators, quench tanks, and fans.

(dd) “Project” means a physical change in, or change in the method of operation of, an existing major stationary source.

(ee) “Projected actual emissions” means the following:

(i) The maximum annual rate, in tons per year, at which an existing emissions unit is projected to emit a regulated new source review pollutant in any one of the 5 12-month periods following the date the unit resumes regular operation after the project, or in any 1 of the 10 12-month periods following that date, if the project involves increasing the emissions unit's design capacity or its potential to emit of that regulated new source review pollutant and full utilization of the unit would result in a significant emissions increase or a significant net emissions increase at the major stationary source.

(ii) In determining the projected actual emissions before beginning actual construction, the owner or operator of the major stationary source shall do the following:

(B) Include fugitive emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions.

(C) Exclude, in calculating any increase in emissions that results from the particular project, that portion of the unit's emissions following the project that an existing unit could have accommodated during the consecutive 24-month period used to establish the baseline actual emissions of this rule and that are also unrelated to the particular project, including any increased utilization due to product demand growth.

(D) Elect to use the emissions unit's potential to emit in tons per year instead of calculating projected actual emissions.

(ff) “Regulated new source review pollutant” means any of the following:

(i) Oxides of nitrogen or any volatile organic compounds.

(ii) Any pollutant for which a national ambient air quality standard has been promulgated.

(iii) Any pollutant that is a constituent or precursor of a general pollutant listed under paragraphs (i) or (ii) of this subdivision, provided that a constituent or precursor pollutant may only be regulated under new source review as part of regulation of the general pollutant.

(gg) “Secondary emissions” means emissions that would occur as a result of the construction or operation of a major stationary source or major modification, but do not come from the major stationary source or major modification itself. For the purpose of this rule, secondary emissions shall be specific, well defined, quantifiable, and impact the same general area as the stationary source or modification which causes the secondary emissions.

Secondary emissions include emissions from any off-site support facility that would not be constructed or increase its emissions except as a result of the construction or operation of the major stationary source or major modification. Secondary emissions do not include any emissions that come directly from a mobile source such as emissions from the tailpipe of a motor vehicle, from a train, or a vessel.

(hh) “Significant” means all of the following:

(i) “Significant” means, in reference to a net emissions increase or the potential of a source to emit any of the following pollutants at a rate of emissions that would equal or exceed any of the following pollutant emission rates:

(A) Carbon monoxide: 100 tons per year.

(B) Nitrogen oxides: 40 tons per year.

(D) Ozone: 40 tons per year of volatile organic compounds or of nitrogen oxides.

(E) Lead: 0.6 tons per year.

(F) PM-10: 15 tons per year of PM-10.

(G) PM 2.5: 10 tons per year of PM 2.5; 40 tons per year of sulfur dioxide emissions; 40 tons per year of nitrogen oxide emissions.

(ii) Notwithstanding the significant emissions rate for ozone in R 336.2901(hh) (i)(D), significant means, in reference to an emissions increase or a net emissions increase, any increase in actual emissions of volatile organic compounds that would result from any physical change in, or change in the method of operation of, a major stationary source located in a serious or severe ozone nonattainment area that is subject to subpart 2, part D, title 1 of the clean air act, if such emissions increase of volatile organic compounds exceeds 25 tons per year.

(iii) For the purposes of applying the requirements of R 336.2902(8) to modifications at major stationary sources of nitrogen oxides located in an ozone nonattainment area or in an ozone transport region, the significant emission rates and other requirements for volatile organic compounds in R 336.2901(hh)(i)(D), R 336.2901(hh)(ii) and R 336.2901(hh)(v) shall apply to nitrogen oxides emissions.

(iv) Notwithstanding the significant emissions rate for carbon monoxide in R 336.2901(hh)(i)(A), significant means, in reference to an emissions increase or a net emissions increase, any increase in actual emissions of carbon monoxide that would result from any physical change in, or change in the method of operation of, a major stationary source in a serious nonattainment area for carbon monoxide if such increase equals or exceeds 50 tons per year, provided that the United States environmental protection agency has determined that the stationary sources contribute significantly to carbon monoxide levels in that area.

(v) Notwithstanding the significant emissions rates for ozone in R 336.2901(hh)(i)(D) and R 336.2901(hh)(ii), any increase in actual emissions of volatile organic compounds from any emissions unit at a major stationary source of volatile organic compounds located in an extreme ozone nonattainment area that is subject to subpart 2, part D, title 1 of the clean air act shall be considered a significant net emissions increase.

(ii) “Significant emissions increase” means, for a regulated new source review pollutant, an increase in emissions that is significant for that pollutant.

(jj) “Stationary source” means any building, structure, facility, or installation which emits or may emit a regulated new source review pollutant.

(kk) “Temporary clean coal technology demonstration project” means a clean coal technology demonstration project that is operated for a period of 5 years or less, and that complies with the state implementation plan and other requirements necessary to attain and maintain the national ambient air quality standards during the project and after it is terminated.

Editor's Note: An obvious error in R 336.2901 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Michigan Register, 2019 MR 1. The memorandum requesting the correction was published in Michigan Register, 2019 MR 2.

**History**
- *History: 2008 AACS; 2011 AACS; 2012 AACS; 2019 AACS.*

##### **Mich. Admin. Code R 336.2901a** Rescinded {#sec-r-336.2901a omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.2901a}

**History**
- *History: 2008 AACS; 2019 AACS.*

##### **Mich. Admin. Code R 336.2902** Applicability {#sec-r-336.2902 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.2902}

Rule 1902. (1) This part applies to the construction of each new major stationary source or major modification that is both of the following:

(a) Located in a nonattainment area.

(b) Major for the pollutant for which the area is designated nonattainment.

For areas designated as nonattainment for ozone, this part shall apply only to any new major stationary source or major modification that is major for volatile organic compounds or nitrogen oxides.

(2) This part applies to the construction of new major sources and major modifications to existing major sources as follows:

(a) Except as otherwise provided in subrule (3) of this rule, and consistent with the definition of major modification, a project is a major modification for a regulated new source review pollutant if it causes both of the following emissions increases:

(i) A significant emissions increase.

(ii) A significant net emissions increase. The project is not a major modification if it does not cause a significant emissions increase. If the project causes a significant emissions increase, then the project is a major modification only if it also results in a significant net emissions increase.

(b) The procedure for calculating whether a significant emissions increase will occur depends upon the type of emissions units being modified. The procedure for calculating whether a significant net emissions increase will occur at the major stationary source is contained in the definition of net emissions increase. Regardless of any such preconstruction projections, a major modification results if the project causes a significant emissions increase and a significant net emissions increase.

(c) The actual-to-projected-actual applicability test may be used for projects that only involve existing emissions units. A significant emissions increase of a regulated new source review pollutant is projected to occur if the sum of the difference between the projected actual emissions and the baseline actual emissions, for each existing emissions unit, equals or exceeds the significant amount for that pollutant.

(d) The actual-to-potential test may be used for projects that involve construction of new emissions units or modification of existing emissions units. A significant emissions increase of a regulated new source review pollutant is projected to occur if the sum of the difference between the potential to emit from each new or modified emissions unit following completion of the project and the baseline actual emissions of these units before the project equals or exceeds the significant amount for that pollutant.

(e) The hybrid test may be used for projects that involve multiple types of emissions units.

A significant emissions increase of a regulated new source review pollutant is projected to occur if the sum of the emissions increases for each emissions unit, using the appropriate methods specified above in this subrule as applicable with respect to each emissions unit, for each type of emissions unit equals or exceeds the significant amount for that pollutant.

(3) Any major stationary source for a plant wide applicability limit for a regulated new source review pollutant shall comply with R 336.2907.

(4) The provisions of this rule do not apply to a source or modification that would be a major stationary source or major modification only if fugitive emissions to the extent quantifiable are considered in calculating the potential to emit of the stationary source or modification and the source does not belong to any of the following categories:

(a) Coal cleaning plants, with thermal dryers.

(b) Kraft pulp mills.

(d) Primary zinc smelters.

(e) Iron and steel mills.

(f) Primary aluminum ore reduction plants.

(g) Primary copper smelters.

(h) Municipal incinerators capable of charging more than 250 tons of refuse per day.

(i) Hydrofluoric, sulfuric, or citric acid plants.

(j) Petroleum refineries.

(k) Lime plants.

(l) Phosphate rock processing plants.

(m) Coke oven batteries.

(n) Sulfur recovery plants.

(o) Carbon black plants, furnace process.

(p) Primary lead smelters.

(q) Fuel conversion plants.

(r) Sintering plants.

(s) Secondary metal production plants.

(t) Chemical process plants.

(u) Fossil-fuel boilers, or combination thereof, totaling more than 250 million British thermal units per hour heat input.

(v) Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels.

(w) Taconite ore processing plants.

(x) Glass fiber processing plants.

(y) Charcoal production plants.

(z) Fossil fuel-fired steam electric plants of more than 250 million British thermal units per hour heat input.

(aa) Any other stationary source category which, as of August 7, 1980, is regulated under section 111 or 112 of the clean air act.

(5) The following additional construction and permitting requirements apply:

(a) Approval to construct shall not relieve any owner or operator of the responsibility to comply fully with any other applicable requirements and any other requirements under local, state, or federal law.

(b) At such time that a particular source or modification becomes a major stationary source or major modification solely by virtue of a relaxation in any enforcement limitation that was established after August 7, 1980, on the capacity of the source or modification otherwise to emit a pollutant, such as a restriction on hours of operation, then the requirements of R 336.2908 shall apply to the source or modification as though construction had not yet commenced on the source or modification.

(6) The following provisions apply to projects at existing emissions units at a major stationary source that is subject to either prevention of significant deterioration of air quality regulations or new source review for major sources in nonattainment areas regulations in circumstances where there is a reasonable possibility that a project that is not a part of a major modification may result in a significant emissions increase and the owner or operator elects to use the method in R 336.2901(dd) or R 336.2801(ll) for calculating projected actual emissions:

(a) Before beginning actual construction of the project, the owner or operator shall document and maintain a record of the following information:

(i) A description of the project.

(ii) Identification of the emissions units whose emissions of a regulated new source review pollutant may be affected by the project.

(iii) A description of the applicability test used to determine that the project is not a major modification for any regulated new source review pollutant, including the baseline actual emissions, the projected actual emissions, the amount of emissions excluded under R 336.2901(dd)(ii)(C) and an explanation for why such amount was excluded, and any netting calculations, if applicable.

(b) If the emissions unit is an existing electric utility steam generating unit, before beginning actual construction, the owner or operator shall provide a copy of the information required by subdivision (a) of this subrule to the department. This subdivision does not require the owner or operator of such a unit to obtain any determination from the department before beginning actual construction.

(c) The owner or operator shall monitor the emissions of any regulated new source review pollutant that could increase as a result of the project and that is emitted by any emissions units identified under subdivision (a)(ii) of this subrule and calculate and maintain a record of the annual emissions, in tons per year on a calendar year basis, for a period of 5 years following resumption of regular operations after the change, or for a period of 10 years following resumption of regular operations after the change if the project increases the design capacity or potential to emit of that regulated new source review pollutant at the emissions unit.

(d) If the unit is an existing electric utility steam generating unit, then the owner or operator shall submit a report to the department within 60 days after the end of each year during which records shall be generated under subdivision (c) of this subrule setting out the unit's annual emissions during the year that preceded submission of the report.

(e) If the unit is an existing unit other than an electric utility steam generating unit, then the owner or operator shall submit a report to the department if the annual emissions, in tons per year, from the project identified pursuant to this subrule, exceed the baseline actual emissions by a significant amount for that regulated new source review pollutant, and if such emissions differ from the preconstruction projection. The report shall be submitted to the department within 60 days after the end of such year. The report shall contain all of the following information:

(i) The name, address and telephone number of the major stationary source.

(ii) The annual emissions as calculated under subdivision (c) of this subrule.

(iii) Any other information that the owner or operator wishes to include in the report, for example, an explanation as to why the emissions differ from the preconstruction projection.

(f) A reasonable possibility that a project may result in a significant emissions increase occurs when the project is subject to R 336.1201(1)(a) and is not exempted from the requirement to obtain a permit to install by R 336.1278 to R 336.1290. If the owner or operator determines that the project is exempted by R 336.1278 to R 336.1290, then the owner or operator may proceed with the project without obtaining a permit to install. If an owner or operator develops calculations for the project pursuant to R 336.2901(dd) or R 336.2801(ll), the calculations may be used for the purpose of demonstrating compliance with R 336.1278a(1)(c).

(7) The owner or operator of the source shall make the information required to be documented and maintained under this rule available for review upon a request for inspection by the department, or the general public under section 5516(2) of the act, MCL 324.5516(2).

(8) The requirements of this part that apply to major stationary sources and major modifications of volatile organic compounds shall also apply to nitrogen oxides emissions from major stationary sources and major modifications of nitrogen oxides in an ozone transport region or in any ozone nonattainment area, except in ozone nonattainment areas or portions of an ozone transport region where the United States environmental protection agency has granted a NOx waiver applying the standards set forth under section 182(f) of the clean air act and the waiver continues to apply.

**History**
- *History: 2008 AACS; 2019 AACS.*

##### **Mich. Admin. Code R 336.2903** Additional permit requirements for sources impacting nonattainment areas {#sec-r-336.2903 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.2903}

Rule 1903. (1) No new major stationary source or major modification shall be constructed in an area designated as attainment or unclassifiable for any national ambient air quality standard under section 107 of the clean air act, without first applying for a permit to install under R 336.1201(1)(a). The department shall not approve any permit to install that would cause or contribute to a violation of any national ambient air quality standard.

(2) A major source or major modification shall be considered to cause or contribute to a violation of a national ambient air quality standard when the source or modification would, at a minimum, exceed the following significance levels in table 191 at any locality that does not or would not meet the applicable national standard:

TABLE 191

Significance Levels Averaging Time Pollutant Annual 24 hours 8 hours 3 hours 1 hour Sulfur dioxide1.0 ug/m 5 ug/m 25 ug/m PM-101.0 ug/m 5 ug/m PM 2.50.3 ug/m 1.2 ug/m Nitrogen dioxide1.0 ug/m Carbon Monoxide500 ug/m 2000 ug/m (3) The owner of a major stationary source or major modification subject to this rule may reduce the impact of its emissions upon air quality by obtaining sufficient emission reductions to, at a minimum, compensate for its adverse ambient impact where the major source or major modification would otherwise cause or contribute to a violation of any national ambient air quality standard. In the absence of such emission reductions, the department shall deny the proposed construction.

(4) This rule shall not apply to a major stationary source or major modification with respect to a particular pollutant if the owner or operator demonstrates that, as to that pollutant, the source or modification is located in a nonattainment area.

**History**
- *History: 2008 AACS; 2012 AACS.*

##### **Mich. Admin. Code R 336.2907** Actuals plant wide applicability limits or PALs {#sec-r-336.2907 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.2907}

Rule 1907. (1) The following definitions apply to the use of actuals PALs. If a term is not defined in these paragraphs, then it shall have the meaning given in R 336.2901:

(a) "Actuals PAL for a major stationary source" means a PAL based on the baseline actual emissions of all emissions units at the source that emit or have the potential to emit the PAL pollutant.

(b) "Allowable emissions" means allowable emissions as defined in R 336.1101(k), except this definition is modified in the following manner:

(i) The allowable emissions for any emissions unit shall be calculated considering any emission limitations that are enforceable as a practical matter on the emissions unit's potential to emit.

(ii) An emissions unit's potential to emit shall be determined using the definition in R 336.2901(z), except that the words "or enforceable as a practical matter" shall be added after "legally enforceable."

(c) "Small emissions unit" means an emissions unit that emits or has the potential to emit the PAL pollutant in an amount less than the significant level for that PAL pollutant.

(d) "Major emissions unit" means either of the following:

(i) Any emissions unit that emits or has the potential to emit 100 tons per year or more of the PAL pollutant in an attainment area.

(ii) Any emissions unit that emits or has the potential to emit the PAL pollutant in an amount that is equal to or greater than the major source threshold for the PAL pollutant as defined by the clean air act for nonattainment areas. For example, in accordance with the definition of major stationary source in section 182(c) of the clean air act, an emissions unit is a major emissions unit for volatile organic compounds if the emissions unit is located in a serious ozone nonattainment area and it emits or has the potential to emit 50 or more tons of volatile organic compounds per year.

(e) "Plant wide applicability limitation" or "PAL" means an emission limitation, expressed in tons per year, for a pollutant at a major stationary source that is enforceable as a practical matter and established source-wide in accordance with this rule.

(f) "PAL effective date" generally means the date of issuance of the PAL permit.

However, the PAL effective date for an increased PAL is the date any emissions unit that is part of the PAL major modification becomes operational and begins to emit the PAL pollutant.

(g) "PAL effective period" means the period beginning with the PAL effective date and ending 10 years later.

(h) "PAL major modification" means, notwithstanding R 336.2901(s) and (v), the definitions for major modification and net emissions increase, any physical change in or change in the method of operation of the PAL source that causes it to emit the PAL pollutant at a level equal to or greater than the PAL.

(i) "PAL permit" means the permit to install that establishes a PAL for a major stationary source.

(j) "PAL pollutant" means the pollutant for which a PAL is established at a major stationary source.

(k) "Significant emissions unit" means an emissions unit that emits or has the potential to emit a PAL pollutant in an amount that is equal to or greater than the significant level for that PAL pollutant, but less than the amount that would qualify the unit as a major emissions unit.

(2) The following requirements pertain to applicability:

(a) The department may approve the use of an actuals PAL for any existing major stationary source if the PAL meets the requirements of this rule. "PAL" means "actuals PAL" in this rule.

(b) The department shall not allow an actuals PAL for volatile organic compounds or nitrogen oxides for any major stationary source located in an extreme ozone nonattainment area.

(c) For physical change in or change in the method of operation of a major stationary source that maintains its total source-wide emissions below the PAL level, meets the requirements of this rule, and complies with the PAL permit, all of the following shall apply:

(i) Is not a major modification for the PAL pollutant.

(ii) Does not have to be approved through the permitting requirements of this rule.

(iii) Is not subject to the provisions in R 336.2902(5)(b), restrictions on relaxing enforceable emission limitations that the major stationary source used to avoid applicability of the nonattainment major new source review program.

(d) Except as provided under subdivision (c)(iii) of this subrule, a major stationary source shall continue to comply with all applicable federal, state, or local requirements, emission limitations, and work practice requirements that were established before the effective date of the PAL.

(3) As part of a permit application requesting a PAL, the owner or operator of a major stationary source shall submit all of the following information to the department for approval:

(a) A list of all emissions units at the source designated as small, significant, or major based on their potential to emit. In addition, the owner or operator of the source shall indicate which, if any, federal, state, or local applicable requirements, emission limitations, or work practices apply to each unit.

(b) Calculations of the baseline actual emissions with supporting documentation. Baseline actual emissions shall include emissions associated not only with operation of the unit, but also emissions associated with startup, shutdown, and malfunction.

(4) The following general requirements apply for establishing PALs:

(a) The department may establish a PAL at a major stationary source, provided that, at a minimum, all the following requirements are met:

(i) The PAL shall impose an annual emission limitation in tons per year, which is enforceable as a practical matter, for the entire major stationary source. For each month during the PAL effective period after the first 12 months of establishing a PAL, the major stationary source owner or operator shall show that the sum of the monthly emissions from each emissions unit under the PAL for the previous 12 consecutive months is less than the PAL (a 12-month total, rolled monthly). For each month during the first 11 months from the PAL effective date, the major stationary source owner or operator shall show that the sum of the preceding monthly emissions from the PAL effective date for each emissions unit under the PAL is less than the PAL.

(ii) The PAL shall be established in a permit to install that meets the public participation requirements in subrule (5) of this rule.

(iii) The PAL permit to install shall contain all the requirements of subrule (7) of this rule.

(iv) The PAL shall include fugitive emissions, to the extent quantifiable, from all emissions units that emit or have the potential to emit the PAL pollutant at the major stationary source.

(v) Each PAL shall regulate emissions of only one pollutant.

(vi) Each PAL shall have a PAL effective period of 10 years.

(b) At no time, during or after the PAL effective period, are emissions reductions of a PAL pollutant, which occur during the PAL effective period, creditable as decreases for purposes of offsets under R 336.2908(5) unless the level of the PAL is reduced by the amount of such emissions reductions and such reductions would be creditable in the absence of the PAL.

(5) PALs for existing major stationary sources shall be established, renewed, or increased through a permit to install issued under R 336.1201(1)(a). The department shall provide the public with notice of the proposed approval of a PAL permit and at least a 30-day period for submittal of public comment. The department shall address all material comments before taking final action on the permit.

(6) The following apply to setting the 10-year actuals PAL level.

(a) Except as provided in subdivision (b) of this subrule, the actuals PAL level for a major stationary source shall be established as the sum of the baseline actual emissions of the PAL pollutant for each emissions unit at the source; plus an amount equal to the applicable significant level for the PAL pollutant. When establishing the actuals PAL level, for a PAL pollutant, only one consecutive 24-month period shall be used to determine the baseline actual emissions for all existing emissions units. However, a different consecutive 24month period may be used for each different PAL pollutant. Emissions associated with units that were permanently shut down after this 24-month period shall be subtracted from the PAL level. The department shall specify a reduced PAL level, in tons per year, in the PAL permit to become effective on the future compliance date of any applicable federal or state regulatory requirements before issuance of the PAL permit. For instance, if the source owner or operator will be required to reduce emissions from industrial boilers in half from baseline emissions of 60 parts per million nitrogen oxides to a new rule limit of 30 parts per million, then the permit shall contain a future effective PAL level that is equal to the current PAL level reduced by half of the original baseline emissions of such unit.

(7) The PAL permit shall contain, at a minimum, all of the following information:

(a) The PAL pollutant and the applicable source-wide emission limitation in tons per year.

(b) The PAL permit effective date and the expiration date of the PAL (PAL effective period).

(c) Specification in the PAL permit that if a major stationary source owner or operator applies to renew a PAL under subrule (10) of this rule before the end of the PAL effective period, then the PAL shall not expire at the end of the PAL effective period. The PAL shall remain in effect until a revised PAL permit is issued by the department.

(d) A requirement that emission calculations for compliance purposes include emissions from startups, shutdowns, and malfunctions.

(e) A requirement that, once the PAL expires, the major stationary source is subject to subrule (9) of this rule.

(g) A requirement that the major stationary source owner or operator monitor all emissions units under subrule (12) of this rule.

(h) A requirement to retain on-site the records required under subrule (13) of this rule.

The records may be retained in an electronic format.

(i) A requirement to submit the reports required under subrule (14) of this rule by the required deadlines.

(j) Any other requirements that the department determines necessary to implement and enforce the PAL.

(8) The following shall apply to the PAL effective period and reopening of the PAL permit:

(a) The department shall specify a PAL effective period of 10 years.

(b) The following shall apply to reopening of the PAL permit:

(i) During the PAL effective period, the department shall reopen the PAL permit to do any of the following:

(A) Correct typographical or calculation errors made in setting the PAL or reflect a more accurate determination of emissions used to establish the PAL.

(B) Reduce the PAL if the owner or operator of the major stationary source creates creditable emissions reductions for use as offsets under R 336.2908(5)(b) through (h).

(ii) The department may reopen the PAL permit for any of the following:

(A) Reduce the PAL to reflect newly applicable federal requirements with compliance dates after the PAL effective date.

(B) Reduce the PAL consistent with any other requirement, that is enforceable as a practical matter, and that the department may impose on the major stationary source under the state implementation plan.

(iii) Except for a permit reopening for the correction of typographical or calculation errors that do not increase the PAL level, all other reopenings shall be carried out in accordance with the public participation requirements of subrule (5) of this rule.

(9) Any PAL, which is not renewed in accordance with the procedures in subrule (10) of this rule, shall expire at the end of the PAL effective period, and the following requirements of this paragraph shall apply:

(i) Within the time frame specified for PAL renewals in subrule (10)(b) of this rule, the major stationary source shall submit a proposed allowable emission limitation for each emissions unit, or each group of emissions units, if such a distribution is more appropriate as determined by the department, by distributing the PAL allowable emissions for the major stationary source among each of the emissions units that existed under the PAL. If the PAL had not yet been adjusted for an applicable requirement that became effective during the PAL effective period, as required under subrule (10)(e) of this rule, then the distribution shall be made as if the PAL had been adjusted.

(ii) The department shall determine whether and how the PAL allowable emissions will be distributed and issue a revised permit incorporating allowable limits for each emissions unit, or each group of emissions units, as the department determines is appropriate.

(b) Each emissions unit shall comply with the allowable emission limitation on a 12-month rolling basis. The department may approve the use of monitoring systems other than CEMS, CERMS, PEMS or CPMS to demonstrate compliance with the allowable emission limitation.

(c) Until the department issues the revised permit incorporating allowable limits for each emissions unit, or each group of emissions units, the source shall continue to comply with a source-wide, multi-unit emissions cap equivalent to the level of the PAL emission limitation.

(d) Any physical change or change in the method of operation at the major stationary source shall be subject to the nonattainment major new source review requirements if the change meets the definition of major modification in R 336.2901(s).

(e) The major stationary source owner or operator shall continue to comply with all state, federal, or local applicable requirements that may have applied either during the PAL effective period or before the PAL effective period, except for those emission limitations that were eliminated by the PAL under subrule (2)(c)(iii) of this rule.

(10) The following shall apply to renewal of a PAL:

(a) The department shall follow the procedures specified in subrule (5) of this rule in approving any request to renew a PAL for a major stationary source, and shall provide both the proposed PAL level and a written rationale for the proposed PAL level to the public for review and comment. During such public review, any person may propose a PAL level for the source for consideration by the department.

(i) The information required in subrule (3) of this rule.

(ii) A proposed PAL level.

(iii) The sum of the potential to emit of all emissions units under the PAL with supporting documentation.

(iv) Any other information the owner or operator wishes the department to consider in determining the appropriate level for renewing the PAL.

(d) In determining whether and how to adjust the PAL, the department shall consider either of the options outlined in paragraphs (i) and (ii) of this subdivision. The adjustment shall comply with paragraph (iii) of this subdivision.

(ii) The department may set the PAL at a level that it determines to be more representative of the source's baseline actual emissions, or that it determines to be appropriate considering air quality needs, advances in control technology, anticipated economic growth in the area, desire to reward or encourage the source's voluntary emissions reductions, or other factors as specifically identified by the department in its written rationale.

(iii) Notwithstanding paragraphs (i) and (ii) of this subdivision, both of the following shall apply:

(A) If the potential to emit of the major stationary source is less than the PAL, then the department shall adjust the PAL to a level not greater than the potential to emit of the source.

(B) The department shall not approve a renewed PAL level higher than the current PAL, unless the major stationary source has complied with subrule (11) of this rule.

(e) If the compliance date for a state, federal, or local requirement that applies to the PAL source occurs during the PAL effective period, and if the department has not already adjusted for such requirement, then the PAL shall be adjusted at the time of PAL permit renewal or renewable operating permit renewal, whichever occurs first.

(11) The following shall apply to increasing a PAL during the PAL effective period:

(a) The department may increase a PAL emission limitation only if the major stationary source complies with the following provisions:

(ii) As part of this application, the major stationary source owner or operator shall demonstrate that the sum of the baseline actual emissions of the small emissions units, plus the sum of the baseline actual emissions of the significant and major emissions units assuming application of BACT equivalent controls, plus the sum of the allowable emissions of the new or modified emissions units exceeds the PAL. The level of control that would result from BACT equivalent controls on each significant or major emissions unit shall be determined by conducting a new BACT analysis at the time the application is submitted, unless the emissions unit is currently required to comply with a BACT or LAER requirement that was established within the preceding 10 years. In such a case, the assumed control level for that emissions unit shall be equal to the level of BACT or LAER with which that emissions unit shall currently comply.

(iii) The owner or operator obtains a major new source review permit for all emissions units identified in paragraph (i) of this subdivision, regardless of the magnitude of the emissions increase resulting from them (that is, no significant levels apply). These emissions units shall comply with any emissions requirements resulting from the nonattainment major new source review program process (for example, LAER), even though they have also become subject to the PAL or continue to be subject to the PAL.

(b) The department shall calculate the new PAL as the sum of the allowable emissions for each modified or new emissions unit, plus the sum of the baseline actual emissions of the significant and major emissions units, assuming application of BACT equivalent controls as determined in subdivision (a)(ii) of this subrule, plus the sum of the baseline actual emissions of the small emissions units.

(c) The PAL permit shall be revised to reflect the increased PAL level under the public notice requirements of subrule (5) of this rule.

(12) The following shall apply to monitoring requirements for PALs:

(a) The following general requirements shall apply:

(i) Each PAL permit shall contain enforceable requirements for the monitoring system that accurately determines plant wide emissions of the PAL pollutant in terms of mass per unit of time. Any monitoring system authorized for use in the PAL permit shall be based on sound science and meet generally acceptable scientific procedures for data quality and manipulation. Additionally, the information generated by the system shall meet minimum legal requirements for admissibility in a judicial proceeding to enforce the PAL permit.

(ii) The PAL monitoring system shall employ one or more of the 4 general monitoring approaches meeting the minimum requirements set forth in subdivision (b) of this subrule and shall be approved by the department.

(iii) Notwithstanding paragraph (ii) of this subdivision, an owner or operator may also employ an alternative monitoring approach that meets paragraph (i) of this subdivision if approved by the department.

(iv) Failure to use a monitoring system that meets the requirements of this rule renders the PAL invalid.

(b) Minimum performance requirements for approved monitoring approaches. The following are acceptable general monitoring approaches when conducted in accordance with the minimum requirements in subdivisions (c) to (i) of this subrule:

(i) Mass balance calculations for activities using coatings or solvents.

(ii) CEMS.

(iii) CPMS or PEMS.

(iv) Emission factors.

(c) An owner or operator using mass balance calculations to monitor PAL pollutant emissions from activities using coating or solvents shall meet all of the following requirements:

(i) Provide a demonstrated means of validating the published content of the PAL pollutant that is contained in or created by all materials used in or at the emissions unit.

(d) An owner or operator using CEMS to monitor PAL pollutant emissions shall meet both of the following requirements:

(i) CEMS shall comply with applicable performance specifications found in 40 C.F.R.

part 60, appendix B, adopted by reference in R 336.1902.

(ii) CEMS shall sample, analyze, and record data at least every 15 minutes while the emissions unit is operating.

(e) An owner or operator using CPMS or PEMS to monitor PAL pollutant emissions shall meet both of the following requirements:

(ii) Each CPMS or PEMS shall sample, analyze, and record data at least every 15 minutes, or at another less frequent interval approved by the department, while the emissions unit is operating.

(f) An owner or operator using emission factors to monitor PAL pollutant emissions shall meet all of the following requirements:

(i) All emission factors shall be adjusted, if appropriate, to account for the degree of uncertainty or limitations in the factors' development.

(ii) The emissions unit shall operate within the designated range of use for the emission factor, if applicable.

(g) A source owner or operator shall record and report maximum potential emissions without considering enforceable emission limitations or operational restrictions for an emissions unit during any period of time that there is no monitoring data, unless another method for determining emissions during such periods is specified in the PAL permit.

(h) Notwithstanding the requirements in subdivision (c) to (g) of this subrule, if an owner or operator of an emissions unit cannot demonstrate a correlation between the monitored parameters and the PAL pollutant emissions rate at all operating points of the emissions unit, then the department shall, at the time of permit issuance do either of the following:

(i) Establish default values for determining compliance with the PAL based on the highest potential emissions reasonably estimated at such operating points.

(ii) Determine that operation of the emissions unit during operating conditions when there is no correlation between monitored parameters and the PAL pollutant emissions is a violation of the PAL.

(i) All data used to establish the PAL pollutant must be re-validated through performance testing or other scientifically valid means approved by the department. Testing shall occur at least once every 5 years after issuance of the PAL.

(13) All of the following recordkeeping requirements shall apply:

(a) The PAL permit shall require an owner or operator to retain a copy of all records necessary to determine compliance with this rule and of the PAL, including a determination of each emissions unit's 12-month rolling total emissions, for 5 years from the date of the record.

(b) The PAL permit shall require an owner or operator to retain a copy of all of the following records for the duration of the PAL effective period plus 5 years:

(i) A copy of the PAL permit application and any applications for revisions to the PAL.

(ii) Each annual certification of compliance pursuant to renewable operating permit and the data relied on in certifying the compliance.

(14) The owner or operator shall submit semiannual monitoring reports and prompt deviation reports to the department in accordance with the source's renewable operating permit. The reports shall meet all of the following requirements:

(a) The semiannual report shall be submitted to the department within 30 days of the end of each reporting period. This report shall contain all of the following information:

(i) The identification of owner and operator and the permit number.

(ii) Total annual emissions, tons per year, based on a 12-month rolling total for each month in the reporting period recorded under subrule (13)(a) of this rule.

(iii) All data relied upon, including, but not limited to, any quality assurance or quality control data, in calculating the monthly and annual PAL pollutant emissions.

(iv) A list of any emissions units modified or added to the major stationary source during the preceding 6-month period.

(v) The number, duration, and cause of any deviations or monitoring malfunctions, other than the time associated with zero and span calibration checks, and any corrective action taken.

(vi) A notification of a shutdown of any monitoring system, whether the shutdown was permanent or temporary, the reason for the shutdown, the anticipated date that the monitoring system will be fully operational or replaced with another monitoring system, whether the emissions unit monitored by the monitoring system continued to operate, and the calculation of the emissions of the pollutant or the number determined by method included in the permit, as provided by subrule (12)(g) of this rule.

(vii) A signed statement by the responsible official, as defined by the applicable renewable operating permit, certifying the truth, accuracy, and completeness of the information provided in the report.

(b) The major stationary source owner or operator shall promptly submit reports of any deviations or exceedance of the PAL requirements, including periods where no monitoring is available. A report submitted under R 336.1213(3)(c)(ii) shall satisfy this reporting requirement. The deviation reports shall be submitted within the time limits prescribed by the source's renewable operating permit. The reports shall contain all of the following information:

(i) The identification of owner and operator and the permit number.

(ii) The PAL requirement that experienced the deviation or that was exceeded.

(iii) Emissions resulting from the deviation or the exceedance.

(iv) A signed statement by the responsible official, as defined by the source's renewable operating permit, certifying the truth, accuracy, and completeness of the information provided in the report.

(c) The owner or operator shall submit to the department the results of any re-validation test or method within 3 months after completion of the test or method.

**History**
- *History: 2008 AACS; 2019 AACS.*

##### **Mich. Admin. Code R 336.2908** Conditions for approval of a major new source review permit in a nonattainment area {#sec-r-336.2908 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 336.2908}

Rule 1908. (1) The department may only issue a permit approving the construction of a new major stationary source or major modification in a nonattainment area if the department has determined that the owner or operator of the major stationary source or major modification will comply with all of the provisions of this rule.

(2) The owner or operator of the proposed major stationary source or major modification shall provide an analysis of alternative sites, sizes, production processes, and environmental control techniques for the proposed major stationary source or major modification which demonstrates that the benefits of the proposed major stationary source or major modification significantly outweigh the environmental and social costs imposed as a result of its location, construction, or modification.

(3) The major stationary source or major modification shall comply with the lowest achievable emissions rate for each regulated new source review pollutant for which the area is designated as nonattainment.

(4) All stationary sources which have a potential to emit 100 or more tons per year of any air contaminant regulated under the clean air act, which are located in the state, and which are owned or controlled by the owner, operator, or an entity controlling, controlled by, or under common control with, the owner or operator of the proposed major stationary source or major modification shall be in compliance with all applicable local, state, and federal air quality regulations or and shall be in compliance with a legally enforceable permit condition or order of the department specifying a plan and timetable for compliance.

(5) Before the start-up of the new major stationary source or major modification, an emission reduction offset for each major nonattainment air contaminant shall be provided consistent with the following provisions:

(a) The baseline for determining credit for emissions reductions is the emissions limit under the state implementation plan in effect at the time the application to construct is filed, except that the offset baseline shall be the actual emissions of the source from which offset credit is obtained where either of the following occurs:

(i) The demonstration of reasonable further progress and attainment of ambient air quality standards is based upon the actual emissions of sources located within the nonattainment area.

(ii) The state implementation plan does not contain an emissions limitation for that source or source category.

(b) The following requirements apply to emissions offset credits:

(i) Where the allowable emissions are greater emissions than the potential to emit of the source, emissions offset credit shall be allowed only for control below this potential.

(ii) For an existing fuel combustion source, credit shall be based on the source’s allowable emissions for the type of fuel being burned at the time the application to construct is filed.

If the existing source commits to switch to a cleaner fuel at some future date, then emissions offset credit based on the allowable, or actual, emissions for the fuels involved is not acceptable, unless the permit is conditioned to require the use of a specified alternative control measure which would achieve the same degree of emissions reduction should the source switch back to a dirtier fuel at some later date. The department shall ensure that adequate long-term supplies of the new fuel are available before granting emissions offset credit for fuel switches.

(c) An emission reduction credit shall not be creditable as an emission offset unless it meets the following requirements:

(i) Emissions reductions that have been achieved by shutting down an existing emission unit or curtailing production or operating hours may be generally credited for offsets only if they meet all of the following requirements:

(A) The reductions are surplus, permanent, quantifiable and federally enforceable.

(B) The shutdown or curtailment occurred after the last day of the base year for the SIP planning process. The department may choose to consider a prior shutdown or curtailment to have occurred after the last day of the base year if the projected emissions inventory used to develop the attainment demonstration explicitly includes emissions from such previously shutdown or curtailed emission units. However, credit shall not be given for shutdowns that occurred before August 7, 1977.

(ii) Emissions reductions that are achieved by shutting down an existing emissions unit or curtailing production or operating hours and that do not meet the requirements of R 336.2908(5)(c)(i)(A) and (B) may be generally credited only if they meet either of the following:

(A) The shutdown or curtailment occurred on or after the date the construction permit application is filed.

(B) The applicant can establish that the proposed new emissions unit is a replacement for the shutdown or curtailed emissions unit, and the emissions reductions are surplus, permanent, quantifiable and federally enforceable.

(d) Emissions credit shall not be allowed for replacing 1 hydrocarbon compound with another of lesser reactivity, except for those compounds listed in table 1 of the United States environmental protection agency's "Recommended Policy on Control of Volatile Organic Compounds," 42 FR 35314, adopted by reference in R 336.1902.

(e) All emission reductions claimed as offset credit shall be federally enforceable.

(f) Offsets shall be obtained from the same nonattainment area as the proposed major source or major modification, except another nonattainment area may be used if both of the following conditions are met:

(i) The other area has an equal or higher nonattainment classification than the area in which the proposed source is located.

(ii) Nonattainment air contaminant emissions from the other area contribute to a violation of a national ambient air quality standard in the nonattainment area in which the proposed major source or major modification would be located.

(g) Credit for an emissions reduction may be claimed to the extent that the reviewing authority has not relied on it in issuing any permit required by R 336.1220 or R 336.2902 and the department has not relied on it in demonstrating attainment or reasonable further progress.

(h) The total tonnage of increased emissions, in tons per year, resulting from a major modification that must be offset shall be determined by summing the difference between the allowable emissions after the modification and the actual emissions before the modification for each emissions unit. Unless specified otherwise in this rule, the offset ratio for each nonattainment air pollutant that will be emitted in significant amounts from a new major source or major modification located in a nonattainment area that is subject to subpart 1, part D, title 1of the clean air act shall be at least 1:1.

(i) The provisions of this subrule do not apply to emissions resulting from proposed major sources or major modifications to the extent that the emissions are temporary and will not prevent reasonable further progress towards attainment of any applicable standard.

Examples of temporary emissions include emissions from all of the following:

(i) Pilot plants.

(ii) Portable facilities which will be relocated outside the nonattainment area within 18 months.

(iii) The construction phase of a new major stationary source or major modification.

(6) For facilities meeting the emissions offset requirements of R 336.2908(5) for ozone nonattainment areas that are subject to subpart 2, part D, title 1 of the clean air act, the facility must meet the following requirements:

(a) The ratio of total actual emissions reductions of Volatile Organic Compound (VOC) or Oxides of Nitrogen (NO x ) to the emissions increase of VOC or NO x shall be as follows:

(i) In any marginal nonattainment area for ozone, the ratio shall be 1.1:1.

(ii) In any moderate nonattainment area for ozone, the ratio shall be 1.15:1.

(iii) In any serious nonattainment area for ozone, the ratio shall be 1.2:1.

(iv) In any severe nonattainment area for ozone, the ratio shall be 1.3:1, except that the ratio may be 1.2:1 if all existing major sources in the severe nonattainment area use BACT for the control of VOC.

(v) In any extreme nonattainment area for ozone, the ratio shall be 1.5:1, except that the ratio may be 1.2:1 if all existing major sources in the extreme nonattainment area use BACT for the control of VOC.

(b) Notwithstanding the requirements of R 336.2908(6)(a) for meeting the requirements of R 336.2908(5), the ratio of total actual emissions reductions of VOC to the emissions increase of VOC shall be 1.15:1 for all areas within an ozone transport region that is subject to subpart 2, part D, title 1 of the clean air act except for serious, severe, and extreme ozone nonattainment areas that are subject to subpart 2, part D, title 1 of the clean air act.

(c) For each facility meeting the emissions offset requirements of R 336.2908(5) for ozone nonattainment areas that are subject to subpart 1, part D, title 1 of the clean air act but are not subject to subpart 2, part D, title 1 of the clean air act, including 8-hour ozone nonattainment areas subject to 40 C.F.R. 51.902(b), adopted by reference in R 336.1902, the ratio of total actual emissions reductions of VOC to the emissions increase of VOC shall be 1:1.

(7) The requirements of this section that apply to major stationary sources and major modifications of PM-10 and PM 2.5 shall also apply to major stationary sources and major modifications of PM-10 and PM 2.5 precursors, except when the department determines that such sources do not contribute significantly to PM-10 and PM 2.5 levels that exceed the PM-10 and PM 2.5 ambient standards in the area.

**History**
- *History: 2008 AACS; 2012 AACS; 2019 AACS.*

## **Oil, Gas and Minerals Division** Oil, Gas and Minerals Division

### **R 425.1 to R 425.49** Ferrous Mineral Mining

##### **Mich. Admin. Code R 425.1** Purpose; other laws neither superseded nor contravened {#sec-r-425.1 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 425.1}

DEPARTMENT OF ENVIRONMENTAL QUALITY

OFFICE OF OIL, GAS, AND MINERALS

FERROUS MINERAL MINING

(By authority conferred on the environmental quality by section 63103 of 1994 PA 451, MCL 324.63103)

PART 1. GENERAL PROVISIONS

Rule 1. These rules implement the act and do not supersede or contravene any provisions of law regarding the inspection or regulation of mining, water and air pollution, soil erosion and sedimentation, or water impoundments.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 425.2** Definitions {#sec-r-425.2 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 425.2}

Rule 2. (1) "Abandoned" or "abandonment" means termination of mining operations, or cessation of use of the mining area or any portion thereof, with intent not to resume.

(2) "Act" means Act No. 92 of the Public Acts of 1970, as amended, being §425.181 et seq. of the Michigan Compiled Laws. Terms defined in the act have the same meaning when used in these rules.

(3) "Environment plan" means an operator's written proposal for reclamation of the mining area or portion thereof.

(4) "Lean ore" means a mineral which is not recoverable under existing economic conditions or technology.

(5) "Reclamation" means that reconditioning or rehabilitation of the mining area or portions thereof for useful purposes and the protection of the natural resources, including the control of erosion and the prevention of land or rock slides and air and water pollution.

(6) "Reclamation plan" means an environment plan that is approved by the supervisor.

(7) "Surface overburden" means earth materials, including sand, gravel, and clay, lying above bedrock.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 425.3** Exploration {#sec-r-425.3 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 425.3}

Rule 3. Removal of overburden and extraction of limited amounts of materials is not openpit mining when done only for the purpose of exploration and to the extent necessary to determine the location, quantity, or quality of a mineral deposit. If the disturbed land does not become a part of a mining operation within 2 years, the operator shall grade and revegetate within practical limitations and in a manner acceptable to the supervisor.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 425.4** Notice of removal of materials {#sec-r-425.4 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 425.4}

Rule 4. (1) An operator proposing to remove materials in connection with the production or extraction of minerals by open-pit mining methods shall submit written notice to the supervisor as follows:

(a) At least 30 days prior to the commencement of mining within a new mining area.

(b) Within 30 days of a change of ownership in an ongoing operation.

(2) The notice shall include the following:

(a) Name and address of operator.

(b) Mineral to be mined.

(d) For new operations, the date mining will commence.

(e) Name, address, and telephone number of person with official authority to represent operator in reclamation matters.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 425.5** Annual plan map {#sec-r-425.5 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 425.5}

Rule 5. (1) An accurate plan map on a topographic base, with an appropriate scale as approved by the supervisor, shall be submitted in duplicate to the supervisor annually on or before March 15.

(2) The map shall show the following as of December 31 of the previous year, or as near to December 31 of the previous year as operations permit, color-coded and with legend, so as to distinguish:

(a) Location and boundary of the mining area.

(b) Mine plant or plants.

(d) Surface overburden stockpiles.

(e) Waste rock stockpiles.

(f) Lean ore stockpiles.

(g) Streams, lakes, and reservoirs.

(h) Tailings basins.

(i) Roads.

(j) Sequential numbers or letters or other method, as approved by the supervisor, permanently assigned to portions of the mining area which have been abandoned prior to abandonment of the total mining operation.

(k) Changes in the mining area during the preceding year, indicated by vertical (northsouth) crosshatching or other method as approved by the supervisor.

(l) Anticipated changes in the mining area during the current year, indicated by horizontal (east-west) crosshatching or other method as approved by the supervisor.

(m) Elevations of stockpiles and tailings basins.

(n) Drainage on and away from the mining area, showing directional flow of water in drainage ways, natural watercourses, and streams, intermittent and flowing, including discharge from the mining operation.

(o) Name of the geologist, engineer, or surveyor responsible for the preparation of the map.

(p) Date of preparation.

(3) The map shall be accompanied by a report on any reclamation work accomplished, or experimental reclamation work performed, during the preceding year.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 425.6** Notice of abandonment; evidence of continuing use {#sec-r-425.6 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 425.6}

Rule 6. (1) An operator shall submit written notice to the supervisor within 6 months of the abandonment of the mining area or any portion thereof.

(2) When activities on or use of the mining area, or any portion thereof, have ceased for more than 1 year, or when, by examination of the premises or other means, the supervisor determines that the mining area or any portion thereof has in fact been abandoned by an operator, the supervisor shall give the operator written notice of his intention to declare the mining area or portion thereof abandoned. Determinations by the supervisor shall be made on sound mining practices.

(3) Within 30 days following receipt of the notice, the operator shall have an opportunity to submit evidence that the use of the mining area or portion thereof is continuing. If the supervisor finds the evidence satisfactory, he shall not make the declaration.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 425.7** Report of reclamation activities; statement; accompanying data {#sec-r-425.7 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 425.7}

Rule 7. Within 30 days after abandonment of the mining area or any portion thereof, and annually thereafter on or before March 15 until the reclamation is completed and approved by the supervisor, an operator shall submit to the supervisor a detailed report of reclamation activities, completed during the preceding year, and a statement of the amount and nature of reclamation to be performed during the current year. The report shall be accompanied by maps and any other data which clearly demonstrate the progress and success of reclamation activities.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 425.8** Environment plan {#sec-r-425.8 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 425.8}

Rule 8. (1) Upon request of the supervisor, an operator shall submit his long-range environment plan for the mining area.

(2) An operator, on his own initiative, may submit an environment plan covering the mining area or any portion thereof to the supervisor at any time prior to abandonment.

(3) An environment plan shall include the following:

(a) A detailed description of the mining area.

(b) The reclamation problems involved.

(c) The operator's plan of action to prevent erosion and pollution, to attain revegetation, and to achieve the ultimate reclamation of the mining area in accordance with the purposes and requirements of the act and the rules adopted thereunder.

(d) An estimate time schedule for completion of the plan, and the proposed purpose for which the land is to be used upon completion.

(e) Estimated cost of reclamation.

(f) Other pertinent information that the supervisor may deem necessary.

(4) If circumstances warrant, or if development of an environment plan is dependent upon unknown factors which cannot or will not be determined except during the progress of the operation, a partial plan may be submitted and supplemented as new plans are developed.

(5) If the surface landowner and the operator are 2 separate persons, the surface landowner shall be given an opportunity to comment on the operator's environment plan before the operator submits the plan to the supervisor.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 425.9** Evaluation of environment plan {#sec-r-425.9 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 425.9}

Rule 9. (1) Upon receipt of an environment plan, the supervisor shall evaluate it in terms of the reclamation required by the act. The supervisor may consult with and obtain assistance of other divisions of the department in the evaluation process. The supervisor may reject a plan or any part thereof, and shall give reasons in writing, together with recommendations for modification of a plan to meet his objections, if the reclamation specified by a plan does not conform to the requirements of the act and these rules, or if, in the opinion of the supervisor, it is not feasible or is otherwise undesirable because of the following:

(a) Erosion is likely to occur in the sloping, terracing, or other treatment of stockpiles and tailings basins, which may result in injury or damage to fish and wildlife or the pollution of public waters or which may cause injury to the property or person of others.

(b) Vegetation or other practical treatment of tailings basins and stockpiles, upon becoming permanently inactive, is not satisfactory.

(c) The surface overburden banks of open pits in rock, and the entire bank of open pits in unconsolidated materials, upon their abandonment will not be stabilized.

(d) The cleanup of plantsite and mining areas, and the removal of debris therefrom on termination of the mining operation, will not be satisfactory.

(2) If the supervisor rejects an environment plan, an operator may resubmit the plan as revised so as to meet the supervisor's objections.

(3) If an environment plan is satisfactory, the supervisor shall approve it and promptly notify the operator by written statement that compliance with the plan by the operator fulfills the requirements of the act with respect to the mining area or any portion thereof involved. The approval of an environment plan for a long-lived mining operation may be conditioned on periodic review in light of new research and changed reclamation technology. An approved environment plan shall be referred to as the reclamation plan.

(4) A reclamation plan may be modified at any time by mutual consent of the supervisor and operator to adjust to changed conditions or technology, or to correct an oversight.

(5) The supervisor may modify the reclamation plan when:

(a) Modification of the plan is necessary so that it will conform with existing laws.

(b) The supervisor determines that the previously approved plan is clearly impossible or clearly impractical to implement and maintain.

(6) When an operator disposes of his interest in a mining area prior to approval of reclamation by sale, lease, assignment, termination of lease, or otherwise, the supervisor may release the operator from the duties imposed upon him by the act and rules as to the operation, but only if the successor operator or owner assumes the obligations of the former operator with reference to the reclamation of the mining area.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 425.10** Conducting reclamation activities concurrently with mining operations {#sec-r-425.10 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 425.10}

Rule 10. Reclamation activities, particularly those relating to control of erosion and air and water pollution, to the extent feasible, shall be conducted by the operator concurrently with the mining operation, and in any event shall be initiated at the earliest possible time after abandonment of any portion of the mining area.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 425.11** Reclamation upon termination or abandonment {#sec-r-425.11 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 425.11}

Rule 11. (1) An operator shall remove all worthless debris and rubbish from the plantsite and mining area within 1 year of the date of termination of operations or abandonment of the property.

(2) A mining area shall be reclaimed by an operator pursuant to the act, these rules, and the reclamation plan within 2 years after abandonment or within the time set forth in the operator's reclamation plan approved by the supervisor.

(3) Upon written request of an operator, the supervisor may grant an extension of the reclamation period if necessary to accomplish acceptable reclamation.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 425.12** Notice and approval of completed reclamation {#sec-r-425.12 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 425.12}

Rule 12. (1) An operator shall submit written notice to the supervisor upon completion of reclamation work on the mining area or portions thereof.

(2) The supervisor shall proceed promptly to make his determination as to the approval of the reclamation work and shall notify the operator in writing of either the approval of the work or all reasons for disapproval. The supervisor may consult with and obtain the assistance of other divisions of the department in making his determinations.

(3) Approval of vegetative cover shall not be granted until the planting has survived at least 2 growing seasons with reasonable assurances of being self-sustaining.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 425.15** Surety or security bond {#sec-r-425.15 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 425.15}

Rule 15. (1) The supervisor, if he has reasonable doubts as to an operator's financial ability to comply with the rules as to actions to be taken after completion of mining operations, or any phase thereof, may require an operator to file a surety bond in an amount equal to the expected cost of reclamation for each acre, or fraction thereof, of the area subjected to mining.

(2) In determining the amount of the surety bond or security bond the supervisor shall take into consideration the character and nature of the lands to be reclaimed, the future suitable use of the land involved, and the cost of the reclamation to be required.

(3) A security bond in the amount equal to the required surety bond may be deposited in lieu of a surety bond. A security bond shall consist of cash or negotiable securities and shall be deposited with the department of treasury. The securities shall be registered in the name of the state treasurer, who shall charge a fee sufficient to reimburse him for not less than actual and necessary expenses incurred in connection with the deposits.

(4) The supervisor shall have reasonable doubts as to an operator's financial ability to comply with the rules as to actions to be taken after completion of mining operation or any phase thereof when, upon the request of the supervisor, the operator cannot demonstrate that he has the financial ability to perform the reclamation as required by the act and rules.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 425.16** Liability on surety or security bond {#sec-r-425.16 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 425.16}

Rule 16. (1) Liability on a surety bond or security bond is conditioned upon compliance with the act and these rules, and continues until the mining area reclamation is completed and approved by the supervisor.

(2) The supervisor shall advise the surety and the principal when liability is terminated on a bond filed for the portion or the whole of the mining area reclaimed. A security bond deposited with the state treasurer shall be released only upon written direction of the supervisor.

(3) The supervisor shall look to the surety or the security bond for correction of unsatisfactory conditions not otherwise corrected, and all expenses shall be paid through the surety or security bond in case of default by the principal.

PART 2. RECLAMATION OF OPEN PITS

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 425.21** Stockpiling of surface overburden {#sec-r-425.21 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 425.21}

Rule 21. Unless otherwise authorized by the supervisor, surface overburden removed in the development of an open pit shall be stockpiled separately from other materials.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 425.22** Surface overburden banks {#sec-r-425.22 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 425.22}

Rule 22. Surface overburden banks shall be sloped at an angle which will minimize erosion, promote vegetation, and be consistent with a proposed use of the area. The bank, or that portion above the projected level of a body of water formed in the open pit, shall be stabilized by the planting of a vegetative cover appropriate to a future use of the land.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 425.23** Rock banks {#sec-r-425.23 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 425.23}

Rule 23. (1) Pit banks in rock shall not have a prescribed angle of slope, but precautions shall be taken to provide adequate safety.

(2) Where, upon termination of mining operations, a body of water of sufficient area and depth results which is used for residential, recreation, or wildlife purposes, if natural conditions do not exist, portions of the solid rock bank shall be stepped or other measures taken to permit a person to escape from the water.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 425.24** Sloping and grading within open pit {#sec-r-425.24 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 425.24}

Rule 24. Unless it is anticipated that an open pit will be flooded after abandonment, any waste rock or residual materials within the pit shall be sloped and graded so as to promote regeneration of vegetation.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 425.25** Backfilling of pit; approval of sanitary landfill {#sec-r-425.25 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 425.25}

Rule 25. Backfilling of a pit is not required, but any backfilling shall be with nontoxic, nonflammable, noncombustible solids, unless approved for a sanitary landfill. Plans for use as a sanitary landfill shall be accompanied by written approval of the appropriate state agency.

PART 3. RECLAMATION OF STOCKPILES

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 425.31** Top surface of stockpile {#sec-r-425.31 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 425.31}

Rule 31. The top surface of a stockpile shall be reduced to a topography which provides proper drainage and favorable conditions for revegetation, minimizes erosion, and is consistent with a future sequential use of the mining area.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 425.32** Surface overburden stockpiles {#sec-r-425.32 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 425.32}

Rule 32. (1) Surface overburden stockpiles shall be sloped at an angle which minimizes erosion, promotes vegetation, and is consistent with a future use of the mining area.

(2) Where substantial natural vegetation is not expected within 5 years, or where erosion is occurring, or where the supervisor finds erosion likely to occur, which results or may result in injury or damage to fish and wildlife, the pollution of air or water, or which is causing or might cause injury to the property or person of others, surface overburden stockpiles shall be stabilized by planting with a vegetative cover, or by other treatment, to prevent erosion or pollution or injury.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 425.33** Rock or lean ore stockpiles {#sec-r-425.33 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 425.33}

Rule 33. (1) Rock or lean ore stockpiles shall be sloped at an angle to minimize the possibility of land or rock slides and to be consistent with a future use of the mining area.

(2) Unless otherwise authorized by the supervisor, waste rock stockpiles shall be covered with surface overburden sufficient to provide for vegetation, particularly on the slopes or surfaces visible from public roads.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 425.34** Stockpiles erosion, or sliding {#sec-r-425.34 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 425.34}

Rule 34. Where a stockpile is eroding or sliding and resulting in injury or damage, or the operator has reason to believe that erosion or sliding may result in injury or damage to fish and wildlife, the pollution of public waters, injury to persons or damage to adjacent property not intended for use in mining, or where the supervisor finds that injury or damage is likely to occur, the operator shall take immediate steps, such as grading, sloping, removal, or other stabilization, to correct the condition.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 425.35** Acid-forming, toxic, flammable, or combustible material {#sec-r-425.35 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 425.35}

Rule 35. All acid-forming, toxic, flammable, or combustible material from the mining process shall be stockpiled so as to minimize erosion by air and water and to prevent pollution of the air and surface and ground water. Preventive measures required by the supervisor may include covering the piles with clean fill or mixing with them a material that is not acid-forming, toxic, flammable, or combustible and graded so that surface water drains away from disposal area.

PART 4. RECLAMATION OF TAILINGS BASINS AND AUXILIARY LANDS

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 425.41** Tailings basin dikes {#sec-r-425.41 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 425.41}

Rule 41. (1) Before a person constructs a dike or dam for a tailings basin, including an impoundment of water for clarification or reuse, that person shall determine whether Act No. 184 of the Public Acts of 1963, as amended, being §281.131 et seq. of the Michigan Compiled Laws, or Act No. 346 of the Public Acts of 1972, being §281.951 et seq. of the Michigan Compiled Laws, is applicable.

(2) If not constructed of concrete, asphalt, or a similar material, a dike or dam of a tailings basin, including an impoundment of water for clarification or reuse, shall be constructed so that the outer face is capable of being stabilized by vegetation or other treatment to the satisfaction of the supervisor.

(3) Where erosion of a dike of a tailings basin, including an impoundment of water for clarification or reuse, is occurring, or is likely to occur, and where that erosion results or may result in loss of the confined tailings, injury or damage to fish or wildlife, the pollution of air or water, or which might cause injury to the property or person of others, the dike shall be repaired. Earthen dikes shall be stabilized by planting with a vegetative cover or by other treatment to the satisfaction of the supervisor.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 425.42** Tailings basin drainage system {#sec-r-425.42 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 425.42}

Rule 42. A suitable system shall be constructed to regulate or control drainage of water, including surface run-off, from within the diked area of a tailings basin to prevent breaching of the dikes, both during and after termination of the mining operation. The system may consist of, but is not limited to, decant towers, erosion-resistant spillways, or solid rock ledge overflow.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 425.43** Stacked tailings {#sec-r-425.43 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 425.43}

Rule 43. Stacked tailings within a tailings basin shall be reduced to a slope which will permit effective vegetation or other treatment for the control of erosion.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 425.44** Stabilization of tailings basin {#sec-r-425.44 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 425.44}

Rule 44. (1) Where substantial natural vegetation is not expected within 5 years after abandonment, and where research reveals that vegetation can be accomplished within practical limitations, that portion of a tailings basin not covered by water shall be planted with a vegetative cover appropriate to a future use of the land and to prevent air and water erosion and pollution. Vegetation which has potential for providing a rapid, permanent, adequate, economical cover shall be given priority.

(2) Where vegetation reasonably cannot be accomplished within practical limitations, the tailings basin shall be stabilized by other treatment to prevent air and water erosion and pollution.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 425.45** Dike protection {#sec-r-425.45 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 425.45}

Rule 45. If a substantial area and depth of water are to remain within a diked area of a tailings basin after abandonment, that portion of the inner face of the dike which might be subject to erosion by wave action shall be protected by riprap or other erosion-resistant solid cover.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 425.46** Borrow pits {#sec-r-425.46 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 425.46}

Rule 46. (1) The banks of borrow pits in the mining area used for dike or other construction, and located outside the tailings basin, shall be sloped at an angle which will minimize erosion and promote vegetation.

(2) Where substantial natural vegetation is not expected within 5 years, or where erosion is occurring, or the supervisor finds it likely to occur, which results or may result in injury or damage to fish and wildlife or the pollution of air or water, the pit shall be planted with a vegetative cover appropriate to a future use of the land and to prevent erosion.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 425.47** Abandoned roads {#sec-r-425.47 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 425.47}

Rule 47. Abandoned roads in the mining area, upon termination of the mining operation, shall be graded or otherwise prepared to minimize erosion and to promote vegetation. If necessary, abandoned roads shall be stabilized by the planting of an appropriate vegetative cover.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 425.48** Investigation and inspection of mining areas {#sec-r-425.48 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 425.48}

Rule 48. Investigation and inspection of mining areas by the supervisor or his authorized representative may include, but not be limited to:

(a) Inspection of all mining areas.

(b) Taking photographs.

**History**
- *History: 1979 AC.*

##### **Mich. Admin. Code R 425.49** Hearings and judicial review {#sec-r-425.49 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 425.49}

Rule 49. (1) An interested person who feels aggrieved by an action or inaction of the supervisor may request a contested hearing on the matter involved. Also, the supervisor on his own motion may commence a hearing for the purpose of receiving information before issuing an order. The hearing shall be conducted by the supervisor in accordance with provisions for contested cases in Act No. 306 of the Public Acts of 1969, as amended, being §24.201 et seq. of the Michigan Compiled Laws.

(2) A determination, action, or inaction by the supervisor following the hearing shall be subject to judicial review as provided in Act No. 306 of the Public Acts of 1969, as amended.

**History**
- *History: 1979 AC.*

### **R 425.101 to R 425.602** Nonferrous Metallic Mineral Mining

##### **Mich. Admin. Code R 425.101** Purpose {#sec-r-425.101 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 425.101}

DEPARTMENT OF ENVIRONMENTAL QUALITY

OFFICE OF GEOLOGICAL SURVEY

NONFERROUS METALLIC MINERAL MINING

(By authority conferred on the director of the department of environmental quality by section 63203(1) of 1994 PA 451, MCL 324.63203(1))

PART 1. GENERAL PROVISIONS

Rule 101. These rules implement the act, and regulate the construction, operation, closure, postclosure monitoring, reclamation, and remediation of nonferrous metallic mineral mines in the state of Michigan. These rules do not regulate the extraction of metallic minerals by in situ leaching when regulated under part 625 of the act.

**History**
- *History: 2006 AACS.*

##### **Mich. Admin. Code R 425.102** Definitions; A to L {#sec-r-425.102 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 425.102}

Rule 102. (1) As used in these rules:

(a) "Accelerated soil erosion" means the increased loss of the land surface that occurs as a result of human activities.

(b) "Act" means 1994 PA 451, MCL 324.101 et seq.

(c) "Aquifer" means a geological formation, group of formations, or part of a formation capable of yielding significant quantities of groundwater to wells or springs.

(d) "Assurance instrument" means a financial instrument executed in favor of the department on a form approved by the department, including the following:

(i) A surety bond executed by a surety company authorized to do business in the state of Michigan.

(ii) A certificate of deposit or time deposit account held by a financial institution regulated and examined by a state or federal agency, the value of which is insured by an agency of the United States government.

(iii) A cash bond.

(iv) An irrevocable letter of credit issued by a financial institution which has the authority to issue letters of credit and whose letter of credit operations are regulated and examined by a federal or state agency.

(v) A trust fund managed by a financial institution which has the authority to act as a trustee and whose trust operations are subject to federal or state oversight.

(vi) An escrow account managed by a bank or other financial institution whose account operations are regulated and examined by a federal or state agency.

(e) "Beneficiation" means the primary treatment of ore to separate or remove a metallic product or products from ore using a process including, but not limited to, any of the following:

(i) Crushing.

(ii) Grinding.

(iii) Washing.

(iv) Dissolution.

(v) Crystallization.

(vi) Filtration.

(vii) Sorting.

(viii) Sizing.

(ix) Drying.

(x) Sintering.

(xi) Pelletizing.

(xii) Briquetting.

(xiii) Calcining to remove water and/or carbon dioxide.

(xiv) Roasting, autoclaving, and/or chlorination in preparation for leaching (except where this process produces a final or intermediate product that does not undergo further beneficiation or processing).

(xv) Gravity concentration.

(xvi) Magnetic separation.

(xvii) Electrostatic separation.

(xviii) Flotation.

(xix) Ion exchange.

(xx) Ex situ solvent extraction.

(xxi) Electrowinning.

(xxii) Precipitation.

(xxiii) Amalgamation.

(xxiv) Heap, dump, vat, and tank leaching.

(f) "Contaminated" or "contamination" means having substances in concentrations that are above natural background and that are, or may be, harmful to the environment or to human health and safety as determined by the department under other applicable parts of the act.

(g) "Cultural, historical, or archaeological resource" means a structure or site that meets any of the following requirements:

(i) Is listed as a national historic landmark under the historic sites, buildings, and antiquities act, chapter 593, 49 Stat. 666, 16 U.S.C.461 to 467 as of the effective date of these rules.

(ii) Is listed on the national register of historic places pursuant to the national historic preservation act of 1966, Public Law 89-665, 16 U.S.C.470 to 470a, 470b, and 470c to 470x-6 as of the effective date of these rules.

(iii) Is listed on the state register of historic sites pursuant to 1955 PA 10, MCL 399.151 to 399.152.

(iv) Is recognized under a locally established historic district created pursuant to the local historic districts act, 1970 PA 169, MCL 399.201 to 399.215.

(h) "Cumulative impact" means the environmental impact that results from the proposed mining activities when added to other past, present, and reasonably foreseeable future activities.

(i) "Designated wellhead protection area" means a specific geographic area which is approved by the department as the surface and subsurface area surrounding a water well or well field that supplies a public water system and through which contaminants are reasonably likely to move toward and reach the water well or well field.

(j) "Detroit consumer price index" means the most comprehensive index of consumer prices available for the Detroit area from the United States department of labor, bureau of labor statistics.

(k) "Disposal facility" means a facility or a part of a facility where overburden, waste rock, or tailings are intentionally placed into or on the land and at which the overburden, waste rock, or tailings will remain after closure.

(l) "Earth change" means a humanmade change in the natural cover or topography of land, including cut and fill activities, which may result in or contribute to soil erosion or sedimentation of the waters of the state.

(m) "Final reclamation" means reclamation performed after final cessation of mining with the intent not to resume mining.

(n) "Financial assurance" means an assurance instrument or statement of financial responsibility provided by an operator to ensure compliance with the act, these rules, permit conditions, instructions, or orders of the department.

(o) "Floodplain" means an area of land adjoining a river or stream that will be inundated by a flood with a magnitude that has a 1% chance of occurring or being exceeded in any given year.

(p) "Groundwater" means water below the land surface in a zone of saturation.

(q) "Hazardous substance" means that term as defined in part 201 of the act.

(r) "Indian reservation" means any federally recognized reservation established by treaty, agreement, executive order, or act of congress.

(s) "Indian governing body" means the governing body of any tribe, band, or group of Indians subject to the jurisdiction of the United States and recognized by the United States as possessing power of self-government.

(t) "Interim reclamation" means reclamation performed in connection with temporary cessation of mining with the intent to resume mining.

(u) "Life of the mine" means the period from issuance of a mining permit through the completion of reclamation.

(2) A term defined in the act has the same meaning when used in these rules.

**History**
- *History: 2006 AACS.*

##### **Mich. Admin. Code R 425.103** Definitions; M to Z {#sec-r-425.103 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 425.103}

Rule 103. (1) As used in these rules:

(a) "Mining activity" means any of the following activities for the purpose of, or associated with, mining:

(i) Clearing of land.

(ii) Drilling and blasting.

(iii) Excavation of earth materials to access or remove ore.

(iv) Beneficiation.

(v) Reclamation.

(vi) Transportation of overburden, waste rock, ore, and tailings.

(vii) Storage, relocation, and disposal of overburden, waste rock, ore, and tailings within a mining area, including backfilling of mined areas.

(viii) Storage and transportation of chemical reagents.

(ix) Construction of water impoundment and drainage features.

(x) Construction of haul roads.

(xi) Construction of utilities or extension of existing utilities.

(xii) Withdrawal, transportation, and discharge of water.

(b) "Nonerosive velocity" means a speed of water movement that is not conducive to the development of accelerated soil erosion.

(c) "Organization report" means a certified statement, on a form prescribed by the department, giving the name, address, and plan of the business organization, and listing the following:

(i) All corporate officers, directors, incorporators, and limited liability company managers.

(ii) All other partners, shareholders, limited liability company members, or other persons who have the authority to make, or are responsible for making, operational decisions, including the construction, operation, closure, postclosure monitoring, reclamation, and remediation of a mine.

(d) "Overburden" means unconsolidated earth material that overlies bedrock and that is or will be excavated by open pit mining methods to access ore.

(e) "Percolation leaching" means a process for the primary purpose of the recovery of metals in an outdoor environment from a stockpile of crushed or excavated ore by percolating water or a solution through the ore and collecting the leachate, and includes the processes known as "heap leaching" and "dump leaching."

(f) "Peripheral rock" means rock that is or will be left in place after the completion of mining and within 3 feet of either of the following:

(i) The walls and floor of an open pit.

(ii) The walls, floor, and roof of adits, portals, and underground mine workings.

(g) "Permanent soil erosion and sedimentation control measures" means control measures that are installed or constructed to control soil erosion and sedimentation and that are designed to remain in place after final reclamation.

(h) "Postclosure" means the period following completion of final reclamation in compliance with the approved reclamation plan.

(i) "Public water supply well" means a well that provides water for a "type I public water supply," "type IIa public water supply," "type IIb public water supply," or "type III public water supply" as those terms are defined in R 325.10502.

(j) "Reactive" means susceptible to reacting, dissolving, or otherwise forming a leachate that is or may be harmful to the environment or to human health and safety as determined by the department under conditions that exist, or may exist, at a mining operation.

(k) "Reclamation" means that reconditioning or rehabilitation of the mining area or portions thereof for useful purposes and the protection of the natural resources, including the control of erosion and the prevention of land or rock slides, collapses and subsidence, and air and water pollution.

(l) "Remediation" means the taking of actions that are necessary to prevent, minimize, or mitigate injury to the public health, safety, or welfare, or to the environment, including cleanup, removal, containment, isolation, destruction, or treatment of a hazardous substance released or threatened to be released into the environment; and associated monitoring and maintenance.

(m) "Stabilization" means the establishment of vegetation or the proper placement, grading, or covering of soil to ensure its resistance to soil erosion, sliding, or other earth movement.

(n) "Storage facility" means a facility or a part of a facility where ore, waste rock, overburden, or tailings is held for a temporary period, at the end of which the ore, waste rock, overburden, or tailings is treated, disposed of, or stored elsewhere.

(o) "Surety bond" has the same meaning as "conformance bond" as used in part 632 of the act.

(p) "Tailings" means material that is separated from the metallic product in the beneficiation or treatment of minerals.

(q) "Temporary soil erosion and sedimentation control measures" means interim control measures which are installed or constructed to control soil erosion and sedimentation and which are not maintained after project completion.

(r) "Wetland" means that term as defined in part 303 of the act.

(2) A term defined in the act has the same meaning when used in these rules.

PART 2. PERMITS

**History**
- *History: 2006 AACS.*

##### **Mich. Admin. Code R 425.201** Permits {#sec-r-425.201 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 425.201}

Rule 201. (1) An operator shall not begin mining activities without first obtaining a mining permit from the department. A person requesting a mining permit shall submit all of the following to the department:

(a) A permit application on forms prescribed by the department, signed by the operator or an authorized representative of the operator.

(b) A permit application fee as prescribed in part 632 of the act.

(d) A mining, reclamation, and environmental protection plan.

(e) A contingency plan.

(f) A description of the type or types and amount of financial assurance to be provided that will satisfy the requirements of R 425.301.

(g) A list of all other applicable permits and licenses that are anticipated to be required.

(h) An organization report on a form prescribed by the department.

(2) Beneficiation activities shall require a separate mining permit under 1 or both of the following conditions:

(a) The site of the proposed beneficiation activities is not within or adjacent to the site of other associated mining activities, either existing or proposed, that are subject to a mining permit.

(b) The operator of the proposed beneficiation activities is not the same person as the operator of other associated mining activities, either existing or proposed, that are subject to a mining permit.

(3) An applicant shall submit to the department 10 paper copies of the documents required under subrule (1), (a) and (c) to (h) of this rule, and shall also submit the documents in an electronic format approved by the department.

(4) The department shall process an application for a mining permit according to the requirements of section 63205 of the act, as follows:

(a) Effective 14 days after the department receives an application for a mining permit, the application shall be considered to be administratively complete unless the department proceeds as provided under subdivision (b) of this subrule.

(b) If, before the expiration of the 14-day period under subdivision (a) of this subrule, the department notifies the applicant that the application is not administratively complete, specifying the information necessary to make the application administratively complete, or notifies the applicant that the fee required to accompany the application has not been paid, specifying the amount due, the running of the 14-day period under subdivision (a) of this subrule is tolled until the applicant submits to the department the specified information or fee amount due. The notice shall be given in writing or electronically.

(c) Within 42 days after an application for a mining permit is determined to be administratively complete, the department shall hold a public meeting on the application.

The department shall give notice of the public meeting not less than 14 or more than 28 days before the date of the public meeting. The notice shall specify the time and place of the public meeting, which shall be held in the county where the proposed mining operation is located, and shall include information on how to review or obtain a copy of the application. The department shall make a printed and electronic copy of the application available at a library or other public building in the county where the proposed mining operation is located, and shall post a copy of the application on the department website.

The notice shall be given in writing to the city, village, or township and the county where the proposed mining operation is to be located and to all affected federally recognized Indian tribes in this state. The notice shall also be given by publication in a newspaper of local distribution in the area where the proposed mining operation is to be located.

(d) The department shall accept written public comment on the permit application for 28 days following the public meeting under subdivision (c) of this subrule. Within 28 days after the expiration of the public comment period, the department shall reach a proposed decision to grant or deny a mining permit and shall prepare a document explaining the basis for the decision. The decision shall be based upon the permit application and the statutory requirements under part 632 of the act. The department shall establish a time and place for a public hearing on the proposed decision, and shall give notice of the public hearing not less than 14 or more than 28 days before the date of the public hearing. The notice shall be given in writing to the city, village, or township and the county where the proposed mining operation is to be located and to all affected federally recognized Indian tribes in this state.

The notice shall also be given by publication in a newspaper of local distribution in the area where the proposed mining operation is to be located. The notice shall contain all of the following:

(i) The time and place of the public hearing.

(ii) The name and address of the applicant, the type of mining proposed, and the location and general areal extent of the mining area.

(iii) A statement of the department's proposed decision to issue or deny the permit.

(iv) Information on how to review a complete copy of the application, the draft permit or denial, and the basis for the proposed decision.

(v) A listing of other permits and hearings that are pending or anticipated under this act with respect to the proposed mining operation.

(vi) The name, address, and telephone number of a representative of the department who may be contacted to obtain more information on the application.

(vii) A description of the process for participating in the public hearing.

(e) The department shall accept written public comment on the proposed decision to grant or deny a mining permit for 28 days following the public hearing. At the expiration of the public comment period, the department shall issue a report summarizing all comments received and providing the department's response to the comments.

(f) Within 28 days after the expiration of the public comment period under subdivision (e) of this subrule, the department shall grant or deny the mining permit application in writing. A determination that an application is administratively complete does not preclude the department from requiring additional information from the applicant. The 28-day period under this subdivision shall be tolled until the applicant submits the requested information. If a mining permit is denied, the reasons shall be stated in a written report to the applicant.

(5) The department may impose terms and conditions in a mining permit, in addition to those specified in the application, that are necessary to implement these rules and part 632 of the act.

(6) The department shall not issue a mining permit authorizing percolation leaching unless the applicant demonstrates that the proposed percolation leaching meets the requirements of R 425.403.

(7) Subject to subrule (9) of this rule, the department shall approve a mining permit if it determines both of the following:

(a) The permit application meets the requirements of part 632 of the act.

(b) The proposed mining operation will not pollute, impair, or destroy the air, water, or other natural resources or the public trust in those resources, in accordance with part 17 of the act. In making this determination, the department shall consider the extent to which other permit determinations afford protection to natural resources. For this subdivision, excavation and removal of nonferrous metallic minerals and of associated overburden and waste rock, in and of itself, does not constitute pollution, impairment, or destruction of those natural resources.

(8) The department shall deny a mining permit if it determines the requirements of subrule (7) of this rule have not been met.

(9) The department shall not issue a mining permit, or approve a transfer of a mining permit, to a person if the department has determined that person to be in violation of part 632 of the act, these rules, a mining permit, or an order of the department under part 632 of the act, unless the person has corrected the violation or the person has entered into a written consent agreement to correct the violation pursuant to a compliance schedule approved by the department. The department may require compliance with the consent agreement as a condition of the mining permit.

**History**
- *History: 2006 AACS.*

##### **Mich. Admin. Code R 425.202** Environmental impact assessment {#sec-r-425.202 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 425.202}

Rule 202. (1) The environmental impact assessment required under R 425.201(1)(c) shall include, but is not limited to, the following:

(a) For each of the conditions and features listed in subrule (2) of this rule:

(i) An identification and description of the condition or feature as it currently exists within the mining area and the affected area.

(ii) An identification of the proposed mining activities that may impact the condition or feature, and the process or mechanism through which the impact may occur.

(iii) An analysis of the potential impacts of proposed mining activities on the condition or feature and, where applicable, the effects of the condition or feature on the proposed mining activities.

(iv) A reference to the measures proposed to be taken under the mining, reclamation, and environmental protection plan to reduce or mitigate the potential impacts, and the predicted effects of those measures. If the measures are not required under part 632 of the act, then the environmental impact assessment shall identify other statutes or regulations, if any, under which the measures are required.

(v) A map or maps and appropriate photographs, with any necessary explanatory documents or notations, showing the affected area for the condition or feature, and a description of the basis for determining the affected area.

(b) An analysis of the potential cumulative impacts on each of the conditions or features listed in subrule (2) of this rule within the mining area and the affected area from all proposed mining activities and through all processes or mechanisms. The analysis shall consider additive effects, and the assessment of significant interactions between chemical and physical properties of any discharges, with reference to the physical and chemical characteristics of the environment into which the discharge may be released.

(c) An analysis of feasible and prudent alternatives for the mining activities consistent with the reasonable requirements of the public health, safety, and welfare. The analysis shall include all of the following:

(i) A description of feasible and prudent alternatives.

(ii) A description of alternatives considered but not carried forward for further evaluation.

(iii) A description of why the chosen alternatives are preferred.

(d) The name and qualifications of the person or persons who prepared the environmental impact assessment.

(e) A description of the methodologies applied in preparing the environmental impact assessment, including the following:

(i) Quality assurance and quality control as approved by the department.

(ii) Information that demonstrates that the methodologies are appropriate and effective, or are widely used and generally accepted.

(f) The sources of information used in preparing the environmental impact assessment.

(2) The requirements of subrule (1)(a) and (b) of this rule apply to natural and humanmade conditions and features including, but not limited to, the following:

(a) Topography.

(b) Soil series.

(c) Geology of the bedrock and unconsolidated materials overlying the bedrock, including areal extent, thickness, lithology, and permeability.

(d) Groundwater occurrence that may impact, or be impacted by, mining activities, including the following:

(i) Thicknesses of aquifers, hydraulic conductivity, and interconnections between multiple aquifers and between aquifers and surface water.

(ii) Depth to groundwater, groundwater recharge areas, groundwater flow direction, hydraulic gradients, groundwater velocity, and 3-dimensional flow paths.

(iii) Seasonal variations of the items in paragraph (ii) of this subdivision.

(e) Natural or artificial lakes, ponds, impoundments, rivers, streams, creeks, drains, seeps, and springs, including both of the following:

(i) Observed levels or discharge rates.

(ii) Predicted seasonal and long-term variations of levels or discharge rates.

(f) A complete water balance that accounts for precipitation, evapotranspiration, infiltration, runoff, streamflows, and groundwater and surface water withdrawals and discharges from mining activities.

(g) Groundwater and surface water quality, including all of the following:

(i) Specific conductance as an indication of dissolved solids.

(ii) Temperature.

(iii) The hydrogen ion concentration expressed as pH.

(iv) Dissolved oxygen.

(v) Concentrations of all of the following substances:

(A) Cations of calcium, sodium, magnesium, potassium, and iron.

(B) Anions of chloride, sulfate, and bicarbonate.

(vi) Predicted seasonal variations of the parameters listed in paragraphs (i) to (v) of this subdivision.

(h) Any known occurrence of groundwater that is contaminated so that a property is a facility as defined by part 201 of the act.

(i) All documented private water supply wells.

(j) All public water supply wells.

(k) Irrigation and disposal wells.

(l) Designated wellhead protection areas.

(m) Floodplains, Great Lake shorelines, and wetlands.

(n) Natural rivers as defined in section 30501 of the act.

(o) Wild and scenic rivers as defined in 1968, Public Law 90-542, 82 Stat. 906.

(p) Residential dwellings, places of business, places of worship, schools, hospitals, government buildings, or other buildings used for human occupancy all or part of the year.

(q) Existing and proposed infrastructure and utilities.

(r) Areas actively maintained for public recreation.

(s) Natural areas as defined in R 324.35101.

(t) State wilderness areas as defined in MCL 324.35101.

(u) Federal wilderness areas as defined in 78 Stat. 890, 16 U.S.C. 1131.

(v) Wild areas as defined in MCL 324.35101.

(w) Research natural areas as defined in CFR Title 36, Section 251.23.

(x) Land uses, land access, general size and shape of tracts of land, and current and historic land use trends.

(y) Species and abundance of aquatic and terrestrial flora and fauna, and predicted variations in their occurrence based on at least 2 years of relevant information. Relevant information may include records of pertinent data at other sites having documented similar conditions or credible regional studies from acknowledged sources, but shall include at least 1 year of site-specific data.

(z) Fish and wildlife habitats.

(aa) Threatened species or endangered species as defined in part 365 of the act or in the endangered species act of 1973, Public Law 93-205, 87 Stat.884.

(bb) Species of special concern as designated by the US forest service region 9 regional forester's list of species of special concern.

(cc) Non-native or invasive plant and animal species.

(dd) Ecological systems as identified in recognized published sources.

(ee) Cultural, historical, or archaeological resources.

(ff) Air quality.

(gg) Meteorology, and predicted seasonal and long-term variations of the meteorology.

(hh) Visual resources.

(ii) Noise.

(jj) Light.

(kk) Seismicity.

(3) For the conditions and features listed in subrule (2)(d), (e), (g), and (gg) of this rule, the required characterization of seasonal or long-term variations in the condition or feature shall be satisfied by a combination of documented observations of pertinent data over a period of at least 2 years at the monitoring site and records of pertinent data at other sites having documented similar conditions or credible regional studies from acknowledged sources. Seasonal and long-term variations at the monitoring site shall be predicted, where feasible, using statistical analysis demonstrating a confidence interval. The statistical analysis shall include an explanation of how the use of any data from other sites affects the confidence interval. Analysis of potential impacts shall incorporate credible extremes in the condition or feature based on the statistical analysis.

(4) An applicant may describe the types of public input sought, if any, in preparing the environmental impact assessment, and may include the method used to collect public input and a summary of relevant comments.

(5) Information required by rules promulgated under another part of the act or under other state or federal law and incorporated in the environmental impact assessment shall satisfy the requirements for an environmental impact assessment under these rules to the extent that the information addresses the area and activities as required under part 632 of the act.

**History**
- *History: 2006 AACS.*

##### **Mich. Admin. Code R 425.203** Mining Plan {#sec-r-425.203 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 425.203}

Rule 203. The mining, reclamation, and environmental protection plan required under R 201(1)(d) shall contain a plan for the proposed mining operations. The plan shall include information that demonstrates that all methods, materials, and techniques proposed to be utilized are capable of accomplishing their stated objectives in protecting the environment and public health, except that such information may not be required for methods, materials, and techniques that are widely used in mining or other industries and are generally accepted as effective. The required information may consist of results of actual testing, modeling, documentation by credible independent testing and certification organizations, or documented applications in similar uses and settings. The plan shall include, at a minimum, all of the following:

(a) A description of the type and method of mining, the expected operating life of the mine, and the anticipated rate and schedule of mining.

(b) An estimate of the number of employees required for the mining operation, and variations in the number over the life of the mine.

(c) Information depicting and describing the items listed in paragraphs (i) to (xxiv) of this subdivision that are mining activities or are part of, or associated with, mining activities.

Information that is amenable to clear depiction on a map shall be shown on a map or maps of the mining area drawn to an appropriate scale on a topographic base and referenced to the nearest government-surveyed section or quarter-section lines. Other required information shall be presented, as appropriate, by cross-sections, photographs, documents, and engineering drawings.

(i) Area, thickness, and characteristics of topsoil that will be stripped, and plans for stockpiling and stabilizing topsoil until it will be used in reclamation.

(ii) Area, volumes, and characteristics of overburden and waste rock to be excavated; plans and schedules for excavating; and locations and dimensions of stockpiles and final placement areas.

(iii) Area, volumes, types, and mineralogy of ore to be excavated, and schedule of mining and stockpiling ore.

(iv) Plans for limiting access to stockpiles and storage or disposal facilities to prevent disposal of unauthorized materials.

(v) A characterization of the geochemistry of the ore, waste rock, and overburden that will be mined, and peripheral rock that will be exposed in the process of mining, and of any tailings that will be generated. The characterization shall include the following:

(A) Chemical and physical testing and modeling to predict the potential generation of acid, dissolved metals, and other related substances by reaction and leaching of the ore, waste rock, tailings, overburden, and peripheral rock.

(B) Testing and modeling methodology.

(C) A plan for monitoring the characterization during the proposed mining operation to calibrate and adjust the model and predictions.

(D) Identification of the ore, waste rock, overburden, peripheral rock, and tailings that are reactive.

(vi) Lithology and thickness of rock surrounding and overlying the ore body.

(vii) The locations, depths, and contours of open pits.

(viii) The locations and dimensions of shafts, portals, or other openings between the land surface and underground mine workings.

(ix) The areal extent, depth, and dimensions of underground workings.

(x) Types and uses of grouting of the walls of open pits and of the walls, floor, and roof of underground workings.

(xi) A plan for preventing damage to the environment or public health or safety from subsidence, caving, or collapse of underground mine workings. The plan shall contain the following:

(A) A description of any planned or intentional caving and subsidence.

(B) Provisions to prevent adverse impacts to public or private water supplies or to an aquifer in the affected area.

(C) Provisions to assure that any underground mining shall not cause material damage to structures not owned or controlled by the operator.

(D) Provisions to assure that any underground mining shall not cause material damage to natural features on lands not owned by the operator.

(xii) A description of water that will be used in the mining operations, including the source or sources of the water and intended rates and durations of pumping, diversion, or withdrawal.

(xiii) A description of water that will be stored, transferred, or discharged in the mining operations, including:

(A) The location, size, and capacities of any artificial ponds, impoundments, dewatering systems, diversions, other water control structures, and treatment facilities.

(B) The estimated volumes, rates, and water quality of discharges, and the discharge locations.

(xiv) Storage areas for equipment and vehicles.

(xv) Buildings and other facilities or structures.

(xvi) Areas for the storage and transfer of chemicals, fuel, and explosives.

(xvii) Truck and mining equipment wash down areas.

(xviii) Roads, railroads, docks, piers, and other transportation infrastructure, and provisions to prevent release of contaminants to the environment from ore or waste rock during transportation.

(xix) Beneficiation processes, materials, and activities, including the following:

(A) The types, extent, and sequence of beneficiation, including physical and chemical characterization of all materials, wastes, or products.

(B) A description of any mills, concentrators, dryers, separators, chemical reactors, filtering equipment, electrolytic chambers, flotation cells, kilns, or other beneficiation equipment.

(D) The types, amounts, locations, sequence, schedule, and means of waste rock and tailings disposal.

(E) Provisions to prevent release of contaminants to the environment from beneficiation equipment.

(F) Tailings transport systems, if not buried, should be designed to provide for emergency tailings conveyance or storage should a pipeline break, plug, freeze or require repairs and be made accessible for inspection, emergency repair, and maintenance. Location of emergency spill areas shall be designed to prevent contamination of surface water. If a power failure occurs, then tailing pipelines shall be self draining to the tailings area or to an emergency spill area or standby pumps and pipelines or standby power shall be provided. In some cases (such as a long pipeline over rough country), several spill areas may have to be provided.

(xx) Plans and schedules for regulating or controlling drainage of water, including surface runoff, from within the diked area of a tailings disposal area to prevent breaching of the dikes, both during and after mining. The plans and schedules shall ensure that 24-hour 100year precipitation events do not cause releases of water that are not in compliance with the conditions of the mining permit.

(xxi) Plans and schedules for monitoring, containment, and treatment of surface runoff that has contacted, or may contact, ore, waste rock, overburden, or tailings determined to be reactive under R 425.203(c)(v). The plans shall be designed to reasonably minimize actual and potential adverse impacts on groundwater and surface water by preventing leaching or runoff of acid-forming waste products and other waste products from the mining process.

(xxii) A soil erosion and sedimentation control plan that meets the standards of part 91 of the act to effectively reduce accelerated soil erosion and sedimentation that may impact the affected area. The plan shall include, but not be limited to, all of the following:

(A) The location, description, and schedule for installing and removing all proposed temporary soil erosion and sediment control measures.

(B) A description and the location of all proposed permanent soil erosion and sediment control measures, and provisions for establishing the permanent soil erosion control measures as soon as possible after an earth change has been completed or if significant earth change activity ceases.

(D) Provisions to remove sediment caused by accelerated soil erosion from runoff water before it leaves the mining area.

(E) Temporary or permanent control measures for the conveyance of water around, through, or from the area affected by mining activities to limit the water flow to a nonerosive velocity.

(F) Provisions for temporary soil erosion and sedimentation control measures before or upon commencement of the earth change activity; for maintaining the measures on a daily basis; and for removing the measures after permanent soil erosion measures are in place and the area is stabilized.

(G) Provisions for stabilizing the area with permanent soil erosion control measures as soon as possible after an earth change has been completed or if significant earth change activity ceases.

(xxiii) Plans for conducting reclamation activities concurrently with mining operations to the extent feasible.

(xxiv) Plans for inspecting, monitoring, and maintaining liners, final covers, leachate collection systems, leak detection systems, berms, and embankments, including frequency of inspections. Inspecting or monitoring shall be conducted at least monthly.

(d) A map and description of ownership of all tracts of land in the mining area and within 1320 feet of the boundary of the mining area, including all of the following:

(i) Ownership of surface rights.

(ii) Ownership of mineral rights.

(iii) Conservation easements as defined in section 2140 of the act.

(iv) Historic preservation easements as defined in section 2140 of the act.

(e) A description of measures to be taken to prevent damage to property not owned or controlled by the operator within and immediately adjacent to the mining area.

(f) Measures to minimize impacts to the volumes and rates of recharge, flow, and discharge of groundwater and surface waters in the mining area and in the affected area sufficient to accommodate seasonal and long-term variations in precipitation, water quantity, and water quality.

(g) A monitoring plan for monitoring of groundwater and surface water quality, groundwater levels, and surface water stage and discharge rates, during mining operations and during the post-closure monitoring period. The monitoring plan shall conform to existing statutes and rules, but is not required to include monitoring required under other permits.

(i) The monitoring plan shall provide for monitor wells and structures to be located at points where mining activities have a reasonable potential for measurable impact on surface water or groundwater, taking into consideration the following:

(A) Proximity to the mining activity.

(B) The potential for diffusion and dispersion.

(D) Seasonal variations in flow.

(E) Topography, access, and other practical limitations.

(ii) The monitoring plan shall comply with the requirements of R 425.406.

(iii) The monitoring plan shall include all of the following:

(A) Number and location of monitoring wells and structures.

(B) Frequency of sampling and sampling procedure, including all of the following:

(aa) The sampling method and volume of water to be removed from each well or sampling point during sampling.

(bb) Steps taken to prevent cross contamination between samples.

(cc) Sample handling and preservation methods.

(dd) Laboratory analysis method.

(ee) Laboratory method detection level.

(ff) Quality assurance and quality control as approved by the department.

(gg) Provisions for routine monitoring to be conducted at least every 3 months.

(aa) Specific conductance.

(bb) Temperature.

(cc) The hydrogen ion concentration expressed as pH.

(dd) Dissolved oxygen.

(ee) Concentrations of calcium, sodium, magnesium, potassium, and iron.

(ff) Concentrations of chloride, sulfate, and bicarbonate.

(gg) Concentrations of other total and dissolved elements and compounds that may be introduced or affected by the mining activities, as identified in the environmental impact assessment.

(D) A description of the techniques used to present and evaluate water quality monitoring data.

(E) A description of the method used to collect static water levels and present groundwater flow data. Static water level precision shall be to 0.01 foot.

(F) The depth and screened interval for each monitor well.

(G) Provisions for design, construction, and abandonment of monitoring wells and structures that comply with R 425.406(2).

(h) A treatment and containment plan that describes proposed measures to prevent contamination of groundwater and surface water from leaching of acidic water or dissolved metals.

(i) The treatment and containment plan required under this subdivision shall apply to earth materials that are determined to be reactive under R 425.203(c)(v). The plan shall describe proposed measures for the following:

(A) Design, construction, and operation of stockpiles and storage or disposal facilities for ore, waste rock, overburden, and tailings.

(B) The management of peripheral rock that has been determined in the environmental impact assessment to have the potential to contaminate groundwater or surface water.

(ii) The treatment and containment plan required under this subdivision shall account for the volume, rate, and movement of leachate that may be generated, and the influence of weather on the generation of leachate, including any adverse impacts from severe or extreme weather events.

(iii) The treatment and containment plan required under this subdivision shall meet all applicable requirements of R 425.409.

(i) A general description of blasting materials and methods.

(j) If a threatened or endangered species may be impacted, a plan to protect the threatened or endangered species that conforms to the requirements of state and federal endangered species laws.

(k) Plans to monitor, prevent, minimize, and mitigate any adverse impacts of the proposed mining operation on flora, fauna, fish or wildlife habitats, and biodiversity.

(l) Where percolation leaching is proposed as a mining activity, plans demonstrating compliance with R 425.403.

(m) A plan and schedule for inspection or monitoring, or both, of all mine related facilities at least monthly.

(n) The name and qualifications of the person or persons who prepared the plan for the proposed mining operations.

**History**
- *History: 2006 AACS.*

##### **Mich. Admin. Code R 425.204** Reclamation Plan {#sec-r-425.204 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 425.204}

Rule 204. The mining, reclamation, and environmental protection plan required under R 425.201(1)(d) shall contain a plan for the proposed final reclamation operations, including the anticipated schedule, sequence, and duration of reclamation. The plan shall include information that demonstrates that all methods, materials, and techniques proposed to be used are capable of accomplishing their stated objectives in protecting the environment and public health, except that such information may not be required for methods, materials, and techniques that are widely used in mining or other industries and are generally accepted as effective. The required information may consist of results of actual testing, modeling, documentation by credible independent testing and certification organizations, or documented applications in similar uses and settings. The plan shall include, at a minimum, all of the following:

(a) Information depicting and describing the items listed in paragraphs (i) to (iv) of this subdivision. Information that is amenable to clear depiction on a map shall be shown on a map or maps of the mining area drawn to an appropriate scale on a topographic base and referenced to the nearest government-surveyed section or quarter-section lines. Other required information shall be presented, as appropriate, by cross-sections, documents, and engineering drawings.

(i) Final land contours.

(ii) Proposed final land use and relationship to surrounding land and land use.

(iii) Ponds, streams, wetlands, roads, dikes, drainage ditches, and soil erosion and sedimentation control structures that will remain after completion of reclamation.

(iv) Plans and schedules for stabilizing waste rock piles, settling ponds, tailings disposal facilities, overburden banks, open pit banks and walls, roads, and the plant site. The plans shall include sloping, grading, terracing, and revegetating that will prevent slumping, land or rock slides, or other slope failure and will effectively reduce accelerated soil erosion and sedimentation. The plans shall include the following:

(A) Provisions for sloping or terracing of the banks or bottoms of open pit surfaces that will be under water after cessation of mining, or other measures to prevent a hazard to public safety.

(B) Provisions for replacing topsoil from surface areas disturbed by the mining operation as appropriate for the approved final land use.

(C) Vegetation species and quantities, seedbed and planting area preparation, seeding and planting methods, mulching, fertilization, maintenance, and final density of plants.

(b) Evidence satisfactory to the department that the proposed reclamation will conform to the following minimum performance standards:

(i) Final disposition of all toxic and hazardous wastes, refuse, tailings and other solid waste shall be managed in a manner that protects the environment, natural resources and public health and safety, and in conformance with all other applicable federal and state laws and regulations.

(ii) All shafts, portals, or other openings between the land surface and underground mine workings shall be sealed in a manner that will protect the environment, natural resources, and public health and safety and in accordance with all other applicable laws and regulations.

(iii) All surface structures, infrastructure, rock stockpiles, and tailings disposal areas constructed as a part of the mining activities shall be removed, unless they are converted to an alternate use in accordance with the proposed final land use.

(iv) All disturbed surface areas shall be stabilized to prevent accelerated erosion by wind or water.

(v) All disturbed surface areas shall be revegetated with a variety of plants that are native to the area, except that non-native plants may be used for revegetation in areas where appropriate for an approved final land use that is different from the premining land use. In addition, plant species not native to the area may be used as approved by the department when necessary to provide temporary stabilization of slopes and prevention of erosion.

(vi) Both the mining area and the affected area shall be reclaimed to achieve a selfsustaining ecosystem appropriate for the region that does not require perpetual care following closure and with the goal that the affected area shall be returned to the ecological conditions that approximate premining conditions subject to changes caused by nonmining activities or other natural events. Any portion of the mining area owned by the applicant may be used for any legal purpose.

(d) The name and qualifications of the person or persons who prepared the plan for the proposed final reclamation operations.

**History**
- *History: 2006 AACS.*

##### **Mich. Admin. Code R 425.205** Contingency plan {#sec-r-425.205 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 425.205}

Rule 205. (1) The contingency plan required under R 425.201(1)(e) shall include at a minimum all of the following:

(a) An assessment of the risk to the environment or public health and safety associated with potential accidents or failures involving the following, and the response measures that shall be followed in each case:

(i) Release or threat of release of toxic or acid-forming materials.

(ii) Storage, transportation, and handling of explosives.

(iii) Fuel storage and distribution.

(iv) Fires.

(v) Wastewater collection and treatment system.

(vi) Settling pond or tailings disposal area embankment failure.

(vii) Air emissions.

(viii) Spills of hazardous substances.

(ix) Other specific natural risks defined by the environmental impact assessment.

(x) Power disruption.

(xi) Unplanned subsidence.

(xii) Leaks from containment systems for stockpiles or storage or disposal facilities.

(b) A section that contains all of the following information:

(i) The procedure for notifying the general public, public authorities, and safety agencies in the event of an emergency.

(ii) A list, by title, of personnel to be contacted and their duties and responsibilities.

(iii) The actions to be taken to restrict access of nonessential personnel to the area.

(iv) If evacuation of the public is necessary, then the procedure for conducting the evacuation.

(v) A list of emergency equipment and its location.

(i) Representatives of the operator.

(ii) The emergency management coordinator.

(iii) Local ambulance services.

(iv) Local hospitals.

(v) Local fire and police departments.

(vi) The department of environmental quality.

(vii) The pollution emergency alerting system.

(viii) Federal regulatory agencies as appropriate.

(ix) The department of natural resources.

(x) The local unit of government.

(d) A plan for testing the contingency plan to assure its effectiveness.

(2) The applicant shall submit a copy of the contingency plan to each emergency management coordinator having jurisdiction over the affected area at the time the application is submitted to the department.

**History**
- *History: 2006 AACS.*

##### **Mich. Admin. Code R 425.206** Amendment of permits {#sec-r-425.206 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 425.206}

Rule 206. (1) A mining permit may be amended at any time to address changes in the mining operation, natural or humanmade conditions, or technology, or to correct an oversight. An application for amendment of a mining permit shall be submitted on a form prescribed by the department, signed by the permittee or an authorized representative of the permittee. The application shall include revisions of any of the following that are affected by the changes:

(a) The environmental impact assessment.

(b) The mining, reclamation, and environmental protection plan.

(d) Federal, state, and local permits and licenses that are anticipated to be required.

(e) Provisions for financial assurance required under R 425.301.

(f) Other terms and conditions of the mining permit.

(2) A permittee may submit a request to the department to amend a mining permit.

(3) The department may require a permittee to submit an application for amendment of a mining permit if the department determines that the terms and conditions of the mining permit are not providing the intended reasonable protection of the environment, natural resources, or public health and safety.

(4) Within 30 days after receiving a request to amend a mining permit, the department shall determine whether the request constitutes a significant change from the conditions of the approved mining permit. If the department determines that the request is a significant change, then the department shall submit the request for amendment to the same review process as provided for a new permit application in R 425.201(4).

**History**
- *History: 2006 AACS.*

##### **Mich. Admin. Code R 425.207** Transfer of permit {#sec-r-425.207 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 425.207}

Rule 207. (1) If a permittee desires to transfer the mining permit to another person, then the acquiring person shall submit to the department a request for the transfer of the permit.

The request for transfer of the permit shall be submitted on forms prescribed by the department, and shall be signed by an authorized representative of the permittee and an authorized representative of the acquiring operator. The request shall include the following:

(a) An update of the contingency plan.

(b) Provisions for financial assurance as prescribed in R 425.301.

(2) Upon receiving a request for a transfer of a mining permit, the department shall inspect the mining area and determine whether the existing permittee is in violation of part 632 of the act or these rules at the mining site. If the department determines the permittee to be in violation, then the mining permit shall not be transferred to a person until the permittee has completed the necessary corrective actions or the person acquiring the mining permit has entered into a written consent agreement to correct all of the violations. The department may incorporate the consent agreement by reference in the mining permit.

(3) A permit transfer is not effective until all other applicable permits are transferred to the acquiring operator. Until the department approves the transfer of a mining permit, the acquiring operator shall not operate the mine. Upon approval of a transfer request, the acquiring operator shall assume the responsibilities for mining activities specified in part 632 of the act, these rules, a mining permit, or orders of the department under part 632 of the act.

(4) If a permittee conveys his or her authority to operate a mine to another person, and a request for transfer of the mining permit has not been approved, then, in addition to other enforcement actions, the department may order the immediate suspension of any or all mining activities at the permitted site, including the removal or sale of metallic product.

PART 3. FINANCIAL ASSURANCE

**History**
- *History: 2006 AACS.*

##### **Mich. Admin. Code R 425.301** Financial assurance; requirements {#sec-r-425.301 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 425.301}

Rule 301. (1) A mining permit shall not be effective until the permittee establishes financial assurance in an amount in accordance with the mining permit as issued and in compliance with this rule. A permittee shall thereafter maintain financial assurance that is approved by the department during mining operations and during the postclosure monitoring period, until the department releases the permittee from its obligation to maintain financial assurance upon termination of the mining permit or upon transfer of the mining permit to another operator. Failure of a permittee to maintain financial assurance after the effective date of a mining permit as required by this subrule constitutes a violation of the mining permit and is grounds for the department to order immediate suspension of any or all mining activities, including the removal of metallic product from the site, pursuant to section 63221 of the act.

(2) The financial assurance shall apply to all mining and reclamation operations subject to the mining permit and shall be sufficient to cover the cost to administer, and to hire a third party to implement the reclamation, remediation, and postclosure monitoring required under part 632 of the act, these rules, a mining permit, or orders of the department under part 632 of the act, including the costs to remediate any contamination of the air, surface water, or groundwater that is in violation of the mining permit. The amount of financial assurance shall be determined as follows:

(a) The operator shall provide an itemized list of reclamation, remediation, and postclosure monitoring activities and costs associated with all of the following:

(i) Mining activities subject to the mining permit where reclamation has not yet been completed.

(ii) Mining activities that are anticipated to occur under the mining permit.

(b) The department may require financial assurance in an amount larger than calculated by the operator under subdivision (a) of this subrule based upon an analysis of the projected costs under subdivision (c) of this subrule by the department.

(c) The cost estimate required under this subrule shall be based on equipment, materials, and methods normally available to a third party contractor using current handbooks, publications, or other documented costs acceptable to the department. The cost estimate shall include at a minimum the costs for the following:

(i) Reclamation.

(ii) Remediation of any contamination of the air, surface water, or groundwater that is in violation of the mining permit.

(iii) Administrative oversight.

(iv) Reasonable contingencies.

(v) Other necessary environmental protection measures.

(d) The amount of an assurance instrument shall include any possible fees assessed by the issuing institution for accessing the instrument.

(3) The financial assurance required under this rule shall consist of an assurance instrument or combination of instruments covering at least 75% of the total required amount. Financial assurance for the balance of the required amount, if any, shall consist of a statement of financial responsibility. When determining the portion of the financial assurance required under this rule that may be satisfied by a statement of financial responsibility, the department shall consider the following:

(a) The ability of the operator to pay for potential remediation costs in the case of a violation of this part, as demonstrated by the information in the statement of financial responsibility.

(b) Whether the operator carries pollution prevention or environmental liability insurance, and if so, the amount of the insurance.

(c) Whether the operator has received a recognized third-party certification of an environmental management system for mining operations.

**History**
- *History: 2006 AACS.*

##### **Mich. Admin. Code R 425.302** Assurance instruments {#sec-r-425.302 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 425.302}

Rule 302. (1) An assurance instrument shall consist of any of the following:

(a) A trust fund or escrow account as described in R 425.303.

(b) A surety bond as described in R 425.304.

(d) A certificate of deposit or time deposit account as described in R 425.306.

(e) Other equivalent financial instruments approved by the department.

(2) All assurance instruments shall be issued or maintained by entities that are not affiliated with the operator and shall not be invested in the activities regulated under this permit.

(3) Assurance instruments shall include a provision requiring the issuing institution to give prompt notice to the department and permittee of any action alleging bankruptcy or insolvency of the issuing institution or a violation that would result in suspension or revocation of the license of the issuing institution.

(4) The operator shall be responsible for all administrative costs involved in establishing and maintaining assurance instruments.

(5) An assurance instrument shall be payable to the state of Michigan.

(6) The permittee shall execute an agreement with the department that stipulates that the department may draw upon the assurance instrument under the conditions described in subrules (13) and (15) of this rule. The agreement shall be executed on a form approved by the department.

(7) The assurance instrument required by this rule may be satisfied in whole or in part by assurance instruments required by other parts of the act if those instruments address the remediation activities required under part 632 of the act.

(8) The operator may submit a written request to the department to adjust the amount of an assurance instrument provided the total value of all assurance instruments equals or exceeds the amount required under the mining permit. If the request meets the requirements of these rules, then the department shall within 60 days after receiving the request approve the adjustment.

(9) A permittee may replace an existing assurance instrument with another approved assurance instrument or instruments that provides equivalent coverage, subject to approval by the department.

(10) A financial institution shall not cancel, terminate, or suspend an assurance instrument without first giving the permittee and the department notice at least 90 days before the effective date of the cancellation, termination, or suspension. Such cancellation, termination, or suspension shall not affect any liability that shall have accrued under the assurance instrument before the effective date of cancellation, termination, or suspension unless the permittee provides a replacement assurance instrument approved by the department or unless the department shall otherwise release the assurance instrument.

(11) A permittee is without the required financial assurance if filing of bankruptcy of the trustee or issuing institution, a suspension or revocation of the authority of the trustee institution to act as trustee, or a suspension or revocation of the authority of the institution issuing an assurance instrument to issue such instruments.

(12) A permittee shall provide an alternative assurance instrument or instruments under the following conditions:

(a) At least 30 days before the effective date of cancellation, termination, or suspension of an assurance instrument by the permittee or financial institution.

(b) Within 30 days of the date the permittee becomes aware that a financial institution has become ineligible to provide or guarantee an assurance instrument due to bankruptcy or insolvency of the issuing institution or a violation that would result in suspension or revocation of the license of the issuing institution.

(13) If a permittee fails to provide an alternative assurance instrument when required under subrule (12) of this rule, the department may do the following:

(a) Immediately draw upon the assurance instrument or instruments.

(b) Order the immediate suspension of any or all mining activities at the permitted site, including the removal of metallic product from the site, pursuant to section 63211(5) of the act. The permittee shall not resume the suspended mining activities until the department has determined that an acceptable replacement assurance instrument or instruments have been provided.

(14) If the department draws upon an assurance instrument or instruments under subrule (13) of this rule, and the permittee subsequently provides an alternative assurance instrument or instruments approved by the department, then the department shall refund to the issuing financial institution or the permittee the forfeited funds, less any costs associated with the forfeiture.

(15) The department may draw upon an assurance instrument to undertake action necessary to curtail or remediate any damage to the environment or public health under subrule (16) of this rule or to recover costs the department has incurred.

(16) The department shall expend money from assurance instruments only for the recovery of costs described in R 425.301(2).

(a) If the department takes action necessary to curtail and remediate any damage to the environment or public health under Sec. 63221(5) of the act, then the department shall file a claim for recovery of costs with the permittee. If the permittee fails to fully reimburse the department for the costs of such actions within 60 days after filing of the claim, then the department may recover its unreimbursed costs from the assurance instrument or instruments.

(b) For any part of the department's costs not recovered from the permittee or the assurance instrument or instruments, the attorney general, acting for and on behalf of the department, may bring suit for the payment of the claim against the permittee and the financial institutions that executed an assurance instrument or instruments; provided, the liability of any financial institution for costs under the claim shall not exceed the value of the financial instrument or instruments provided by the institution under the provisions for financial assurance under these rules.

(17) A permittee shall notify the department, by certified mail, of the commencement of a voluntary or involuntary proceeding under the bankruptcy provisions of Public Law 95- 598, 11 U.S.C. Section 1 to 151302, naming the permittee as debtor, within 10 days after commencement of the proceeding.

**History**
- *History: 2006 AACS.*

##### **Mich. Admin. Code R 425.303** Trust fund or escrow account {#sec-r-425.303 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 425.303}

Rule 303. (1) Subject to R 425.301, an operator may satisfy all or a portion of the financial assurance requirements by establishing a trust fund that conforms to the requirements of this rule. The trustee shall be a bank or other financial institution that has the authority to act as a trustee and whose trust operations are subject to federal or state oversight. The trust agreement shall be executed on a form approved by the department and shall designate the department as the sole beneficiary.

(2) Subject to R 425.301, an operator may satisfy all or a portion of the financial assurance requirements by establishing an escrow account that conforms to the requirements of this rule. The escrow account shall be maintained by a bank or other financial institution whose account operations are subject to federal or state oversight.

(3) Investments of the trust fund shall be reviewed and approved by the department and may include the following fixed income investments:

(a) U.S. treasury obligations.

(b) State issued securities.

(d) Other investments of similar risk as approved by the department.

**History**
- *History: 2006 AACS.*

##### **Mich. Admin. Code R 425.304** Surety bond {#sec-r-425.304 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 425.304}

Rule 304. (1) Subject to R 425.301, an operator may satisfy all or a portion of the financial assurance requirements by obtaining a surety bond that is executed on a form approved by the department and that conforms to the requirements of this rule. The surety company issuing the surety bond shall, at a minimum, be among those listed as acceptable sureties on federal bonds in circular 570 of the United States department of the treasury.

(2) The surety company shall not be liable for deficiencies in the performance of reclamation, remediation, and postclosure monitoring, by the permittee after the department releases the surety bond or releases the permittee from the requirements of part 632 of the act.

**History**
- *History: 2006 AACS.*

##### **Mich. Admin. Code R 425.305** Irrevocable letter of credit {#sec-r-425.305 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 425.305}

Rule 305. (1) Subject to R 425.301, an operator may satisfy all or a portion of the financial assurance requirements by obtaining an irrevocable letter of credit that conforms to the requirements of this rule and is executed on a form approved by the department. The issuing institution shall be a bank or financial institution which has the authority to issue letters of credit and whose letter of credit operations are regulated and examined by a federal or state agency.

(2) The letter of credit shall include all of the following information:

(a) The name of the operator.

(b) The name and address of the mine.

(3) The letter of credit shall be issued for a period of at least 1 year and shall be irrevocable during its term. The letter of credit shall be automatically extended for additional terms of 1 year from the current or each future expiration date unless the issuing institution provides the permittee and the department, at least 60 days before the current expiration date, written notice by certified mail that the issuing institution elects to terminate the letter of credit at the end of its then current term.

(4) The irrevocable letter of credit shall not be for an amount in excess of 10 percent of the bank's capital surplus account as shown on a balance sheet certified by a certified public accountant.

(5) The issuing institution shall notify the department immediately if the issuing institution becomes ineligible to issue a letter of credit.

**History**
- *History: 2006 AACS.*

##### **Mich. Admin. Code R 425.306** Certificate of deposit or time deposit account {#sec-r-425.306 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 425.306}

Rule 306. (1) Subject to R 425.301, an operator may satisfy all or a portion of the financial assurance requirements by placing funds in an insured, non-negotiable certificate of deposit or time deposit account held by a bank or other financial institution regulated and examined by a federal or state agency. The value of the certificate of deposit or time deposit account shall be insured by an agency of the United States government, unless otherwise approved by the department.

(2) The certificate or account shall be in the sole name of the director of the department.

**History**
- *History: 2006 AACS.*

##### **Mich. Admin. Code R 425.307** Statement of financial responsibility {#sec-r-425.307 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 425.307}

Rule 307. (1) The statement of financial responsibility under R 425.301(3) shall consist of the following:

(a) A written statement signed by the operator's chief financial officer that lists data that show that the operator meets the criteria specified in subrule (2) of this rule, and states that the data are derived from an independently audited year-end financial statement.

(b) An independent certified public accountant's report on examination of the operator's financial statement for the latest completed fiscal year stating that the accountant has compared the data listed in the statement provided under subdivision (a) of this subrule with the amounts in the corresponding year-end financial statement and that the accountant asserts the operator's statement of financial responsibility meets the criteria of subrule (2) of this rule and nothing came to the attention of the accountant that caused the accountant to believe that the financial statements should be adjusted.

(2) The statement of financial responsibility under R 425.301(3) shall meet all of the following criteria:

(a) The operator must satisfy 1 of the following 3 conditions:

(i) A current rating for its senior unsecured debt of AAA, AA, A, or BBB as issued by Standard and Poor's or Aaa, Aa, A, or Baa as issued by Moody's.

(ii) A ratio of total liabilities to tangible net worth less than 1.5.

(iii) A ratio of the sum of net income plus depreciation, depletion and amortization, minus $10 million, to total liabilities greater than 0.10.

(b) The operator shall have a tangible net worth not less than 25% of the financial assurance required under R 425.301 plus $10 million.

(c) The operator shall have total assets located in North America of not less than 25% of the sum of the financial assurance required under R 425.301 plus the financial assurance requirements of other parts of the act and equivalent or substantially equivalent federal or state regulations. Declared mineral reserves, except for mineral reserves at the permitted site, may be utilized in determining current assets only to the extent that the value of the reserves exceeds the projected costs of development and production.

(3) For determining qualifications for use of a statement of financial responsibility, liabilities as determined under subrule (2) of this rule shall include responsibilities of the operator for reclamation or remediation, or both, at other mining operations owned or operated by the operator.

(4) Within 90 days after the end of each fiscal year after the effective date of a mining permit, a permittee who utilizes a statement of financial responsibility to satisfy the requirements of this rule shall submit to the department documents described in subrule (1) of this rule for the fiscal year just completed.

(5) If a corporate parent or affiliate of the operator meets the requirements of subrules (1) and (2) of this rule, then the operator may use its parent or affiliate to provide the financial assurance allowed under this rule. The department shall not approve an operator's use of a corporate parent or affiliate as acceptable financial assurance under this rule unless the parent or affiliate also provides the department with a guarantee of the amount sought to be assured through the statement of financial responsibility. The guarantee shall be in a form acceptable to the department.

(6) If the permittee has reasonable knowledge at any time before the year-end review under subrule (4) of this rule that it ceases to meet the requirements of subrule (2) of this rule, then the permittee shall within 10 days notify the department.

(7) The permittee shall provide alternate financial assurance within 60 days after the date on which the permittee finds, under subrule (4), (5), or (6) of this rule, that it no longer meets the requirements of subrule (2) of this rule.

(8) The department may, based on a reasonable belief that a permittee no longer meets the requirements of subrule (2) of this rule, require reports of financial condition at any time from the permittee in addition to the information required by subrule (2) of this rule.

If the department finds, on the basis of a review of such reports or other information, that the permittee no longer meets the requirements of subrule (2) of this rule, then the department shall notify and inform the permittee in writing. Within 30 days of the notification, the permittee shall provide alternate financial assurance as specified in part 632 of the act.

(9) Failure of a permittee to comply with the requirements of subrule (4) to (8) of this rule shall be cause for the department to order the immediate suspension of any or all mining activities at the permitted site, including the removal of metallic product, pursuant to section 63211(5) of the act. The permittee shall not resume mining operations until the department has determined that an acceptable replacement assurance instrument or instruments have been provided.

**History**
- *History: 2006 AACS.*

##### **Mich. Admin. Code R 425.308** Financial assurance; update {#sec-r-425.308 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 425.308}

Rule 308. (1) A permittee shall update the calculation of the cost to administer, and to hire a third party to implement, the reclamation, remediation, and postclosure monitoring required under R 425.301(2) every 3 years or as the department determines to be necessary.

The update shall include the following:

(a) A description of the reclamation and postclosure monitoring completed since the last update.

(b) An estimate of the cost to administer, and to hire a third party to implement, reclamation under the mining, reclamation, and environmental protection plan that has not been completed, as well as necessary environmental protection measures, including remediation of any contamination of the air, surface water, or groundwater that is in violation of the mining permit.

(2) A permittee shall update an assurance instrument required under R 425.301 in accordance with 1 of the following schedules:

(a) If the amount of the assurance instrument equals or exceeds the cost to administer, and to hire a third party to implement, the reclamation, remediation, and postclosure monitoring as originally calculated, multiplied by the Detroit consumer price index as of January 1 of each year, then the permittee shall update the assurance instrument every 3 years by April 1 of the succeeding year.

(b) If the amount of the assurance instrument does not equal or exceed the cost to administer, and to hire a third party to implement, the reclamation, remediation, and postclosure monitoring as originally calculated, multiplied by the Detroit consumer price index as of January 1 of each year, then the permittee shall update the assurance instrument by April 1 of the succeeding year.

(3) The department shall provide notice of an adjustment of the financial assurance to any interested person who has requested notice.

**History**
- *History: 2006 AACS.*

##### **Mich. Admin. Code R 425.309** Final release of financial assurance {#sec-r-425.309 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 425.309}

Rule 309. (1) A permittee may file an application with the department for final release of financial assurance upon termination of the permit.

(a) Within 30 days after receipt of an application for termination of financial assurance, the department shall reach a proposed decision to grant or deny the application based on inspection and review to determine compliance with requirements for termination of the permit, and shall provide notice of the proposed decision to any interested person who has requested notice.

(b) The department shall grant or deny an application for termination of financial assurance not less than 30 days or more than 45 days after providing the notice required under subdivision (a) of this subrule.

(c) If the department grants the application, the department shall within 30 days release cash to the permittee or securities to the institution that provided the assurance instrument.

(d) If the department denies the application, then the department shall notify the permittee in writing, stating the reasons for denial and recommending corrective actions necessary to secure the termination.

(2) The department shall approve termination of all assurance instruments for a permittee of record upon the effective date of transfer of the permit to a new operator.

PART 4. MINING OPERATIONS

**History**
- *History: 2006 AACS.*

##### **Mich. Admin. Code R 425.401** Notice of commencement of mining {#sec-r-425.401 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 425.401}

Rule 401. (1) A permittee proposing to begin mining shall submit written notice to the department of the date mining will commence at least 30 days before commencing new mining activities.

(2) A permittee who has ceased all mining activities for a period of 90 days or more shall submit written notice to the department of the date mining activities will resume at least 30 days before resumption of mining activities.

**History**
- *History: 2006 AACS.*

##### **Mich. Admin. Code R 425.402** Safety measures {#sec-r-425.402 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 425.402}

Rule 402. If hazards to life or property, or both, exist within a mining area, then the permittee shall post safety signs in conspicuous places around the site of the hazard. The permittee shall utilize fencing, gates, or other measures to safeguard the public from unauthorized entry into shafts, adits, portals, or other openings between the land surface and underground workings. The department may require the installation of fences, gates, or other safety measures not inconsistent with other laws or regulations.

**History**
- *History: 2006 AACS.*

##### **Mich. Admin. Code R 425.403** Percolation leaching; requirements {#sec-r-425.403 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 425.403}

Rule 403. A person shall not conduct percolation leaching as a nonferrous metallic mining activity until such time as this rule is amended to establish standards and criteria for percolation leaching.

**History**
- *History: 2006 AACS.*

##### **Mich. Admin. Code R 425.404** Commencement of reclamation {#sec-r-425.404 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 425.404}

Rule 404. (1) If a permittee has ceased all mining and beneficiation for a continuous period exceeding 90 days, the permittee shall notify the department and shall take actions to maintain, monitor, and secure the mining area and shall conduct any interim sloping or stabilizing of surfaces necessary to protect the environment, natural resources, or public health and safety in accordance with the mining permit.

(2) A permittee shall begin final reclamation of a mining area within 3 years of the date of cessation of mining and beneficiation unless the department has granted an extension of time to begin final reclamation.

(3) A permittee shall complete reclamation of a mining area within the time in the approved mining, reclamation, and environmental protection plan unless the department has granted an extension of time under subrule (4) of this rule to complete final reclamation.

(4) A permittee may submit a written request to the department for an extension of time to begin or complete final reclamation. The department shall grant the request if the permittee shows good cause for the extension and the department determines the extension will not cause a threat of damage to the environment, natural resources, or public health and safety. If the reason for the request for extension is economics of the mining operation, then the permittee shall provide justification in the form of projections of metal prices, pending technological improvements, or other reasons demonstrating a likelihood that the mine may become economic at a future time. The term of an extension shall not be more than 12 months. The department may grant additional extensions subject to the provisions of this rule. When approving extensions, the department may require the permittee to conduct interim reclamation activities and monitoring that the department finds necessary to implement the purposes of the act.

(5) A permittee shall, to the extent feasible, conduct reclamation activities concurrently with the mining operation, and in any event shall initiate reclamation activities at the earliest possible time after cessation of mining activities in any portion of the mining area.

**History**
- *History: 2006 AACS.*

##### **Mich. Admin. Code R 425.405** Notice and approval of completed reclamation {#sec-r-425.405 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 425.405}

Rule 405. (1) A permittee shall submit written notice to the department upon completion of reclamation work on the mining area or portions thereof.

(2) The department shall proceed promptly to make its determination as to the approval of the reclamation work and shall notify the permittee in writing of either the approval of the work or all reasons for disapproval.

(3) Approval of vegetative cover shall not be granted until the planting has survived at least 2 growing seasons with reasonable assurances of being self-sustaining.

**History**
- *History: 2006 AACS.*

##### **Mich. Admin. Code R 425.406** Protection of water {#sec-r-425.406 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 425.406}

Rule 406. (1) A permittee shall conduct groundwater and surface water monitoring according to the approved monitoring plan as described in R 425.203(g) during mining operations and during the postclosure monitoring period.

(2) An operator shall design, construct, and abandon a monitoring well as prescribed in R 323.2223(4).

(3) Water monitoring shall include the collection of water quality samples from groundwater and surface water, groundwater levels, and surface water levels and discharge rates. The design of the water monitoring systems shall be based on all of the following:

(a) The environmental impact assessment.

(b) The local geology and hydrology.

(4) Surface water monitoring sites shall be designed and located to adequately assess the impact of a specific mining activity on surface water.

(5) Groundwater monitoring sites shall be designed and located as follows:

(a) Leachate monitoring wells shall be located within, or as close as physically practicable to, a storage or disposal facility for the following materials that are determined to be reactive, to determine the geochemical conditions of the facility.:

(i) Overburden.

(ii) Ore.

(iii) Waste rock.

(iv) Tailings.

(b) Compliance monitoring wells shall be located as close as physically practicable but not more than 150 feet from the mining activity being monitored. However, the department may approve an alternative water monitoring location if the operator demonstrates the location is protective of the environment and public health and safety, and a closer location is not feasible or effective.

(6) A permittee shall notify the department and shall institute an increased monitoring program as may be directed by the department at such time as sampling of leachate monitoring wells or compliance monitoring wells detects concentrations of a solute 2 standard deviations above the long-term average background level for 2 consecutive sampling events.

(7) An action level is reached at such time as sampling of leachate monitoring wells and compliance monitoring wells detects either of the following:

(a) Concentrations of a solute that equal or exceed ½ the level between the long-term average background and the drinking water standard for two consecutive sampling events.

(b) Concentrations of hydrogen ion, expressed as pH, that differ from the long-term average background by 0.5 units or more for 2 consecutive sampling events.

(8) When an action level is reached as described in subrule (7) of this rule, then the permittee shall proceed in a timely manner to do the following:

(a) Implement increased monitoring as approved by the department.

(b) Conduct a source investigation to determine the cause of the change in water quality and provide a report on the investigation to the department.

(c) Implement a plan for response activity as approved by the department if the change in water quality is determined by the department to be caused by a release associated with a mining activity that is the responsibility of the permittee.

(9) Failure of a permittee to meet the requirements of subrules (6) to (8) of this rule shall constitute a violation of this part. Implementing actions required by this rule does not relieve the permittee from other obligations under this act.

**History**
- *History: 2006 AACS.*

##### **Mich. Admin. Code R 425.407** Postclosure monitoring {#sec-r-425.407 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 425.407}

Rule 407. The postclosure monitoring period shall be 20 years following completion and approval of reclamation, subject to the following conditions:

(1) The permittee shall provide to the department a written request to terminate the postclosure monitoring not less than 18 months before the proposed termination date and shall provide the department with technical data and information demonstrating the basis for the termination. The department shall extend the postclosure monitoring period in increments of up to 20 years unless the department determines, approximately 1 year before the end of a postclosure monitoring period or postclosure incremental monitoring period, that there is no significant potential for water contamination resulting from the mining operation.

(2) The department may shorten the postclosure monitoring period at any time upon determining that there is no significant potential for water contamination resulting from the mining operation.

(3) The department may extend or shorten the postclosure monitoring period only after public notice and opportunity for a public hearing.

**History**
- *History: 2006 AACS.*

##### **Mich. Admin. Code R 425.408** Inspections by department {#sec-r-425.408 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 425.408}

Rule 408. (1) The department may enter at all reasonable times in or upon a mining area for the purpose of inspecting and investigating conditions relating to the operation of a mining area.

(2) If the department receives an allegation of improper action under or a violation of part 632 of the act, these rules, or a mining permit, and the person making the allegation provides evidence or corroboration sufficient to support the allegation, as determined by the department, the department shall do all of the following:

(a) Make a record of the allegation.

(b) Conduct an inspection of the mining operation to investigate the allegation not more than 5 business days after receipt of the complaint or allegation.

(c) Not more than 15 business days after completing an investigation of the allegation, provide a written report of the allegation and the results of the investigation to the operator and the person who made the allegation.

(3) The department shall conduct a complete inspection and report of a nonferrous metallic mineral mining operation at least quarterly to determine compliance with the act and these rules. An inspection under subrule (2) of this rule or under R 425.207(2) shall satisfy the requirement of this subrule if the inspection is a complete inspection.

**History**
- *History: 2006 AACS.*

##### **Mich. Admin. Code R 425.409** Treatment and containment of reactive materials {#sec-r-425.409 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 425.409}

Rule 409. An operator shall manage overburden, ore, waste rock, peripheral rock, and tailings determined to be reactive under R 425.203(c)(v) in accordance with this rule and in a manner that is designed to reasonably minimize actual and potential adverse impacts on groundwater and surface water by preventing leaching or runoff of acid-forming waste products and other waste products from the mining process.

(a) An operator shall design, construct, and operate stockpiles or storage facilities for reactive overburden, ore, waste rock, or tailings in compliance with paragraph (i) or (ii) of this subdivision.

(i) A stockpile or storage facility shall meet the following requirements:

(A) A stockpile or storage facility shall have a composite liner system comprised of a flexible synthetic membrane that is not less than 60 mils thick and a layer of at least 3 feet of compacted soil having a maximum hydraulic conductivity of 1.0 X 10-7 cm/sec.

(B) The department may approve an alternative liner system that uses other materials or designs, including modified soil liners, or technologically advanced systems only if the operator provides data to demonstrate the alternative is capable of providing equivalent or better protection as compared to the requirements under subparagraph (A).

(C) A stockpile or storage facility shall have a leachate collection system.The system shall be designed, constructed, and operated to limit the hydraulic head at the lowest point in the system to not more than 1 foot, excluding the collection sump, after construction.

(D) A stockpile or storage facility shall have a leak detection system.

(E) The liner, leachate collection system, and leak detection system shall be tested before the placement of overburden, ore, waste rock, or tailings into the facility.

(F) A cover shall be employed to isolate the reactive overburden, ore, or waste rock from precipitation and air as soon as practicable.

(G) A registered professional engineer or other qualified individual shall certify the proper design, construction, and testing of all liners, covers, and leachate collection systems required by this paragraph. The permittee shall submit the certification to the department and shall not begin placement of ore, waste rock, overburden, or tailings in the storage facility until approved by the department.

(ii) Subject to approval of the department, an operator may utilize an alternative plan for a stockpile or storage facility for reactive overburden, ore, waste rock, or tailings. The department may approve an alternative plan only if the operator provides data that demonstrates that the alternative plan is capable of providing protection of groundwater and surface water that is equivalent to or better than that provided under paragraph (i) of this subdivision. The alternative plan shall incorporate 1 or more of the following:

(A) Measures to prevent the generation of leachate by adding a material or materials that counteract or neutralize the acid-forming or toxic characteristics of the ore, waste rock, overburden, or tailings.

(B) Measures to treat or neutralize any leachate that may be generated before it migrates outside of the storage facility.

(D) Measures to isolate the ore, waste rock, overburden, or tailings from groundwater or surface water.

(b) An operator may utilize a disposal facility to manage, contain, or isolate reactive waste rock, tailings, overburden, or peripheral rock subject to approval of the department. A disposal facility may consist of a mined area that will be backfilled. The department shall not approve the plans for a disposal facility unless the operator demonstrates that the design, construction, operation, and closure of the disposal facility will reasonably minimize the actual and potential adverse impacts on groundwater and surface water by preventing leaching or runoff of acid-forming waste products and other waste products from the mining process and will not require perpetual care following closure in accordance with MCL 324.63209(8) and with R 425.204(b)(vi).

(d) A permittee shall conduct and maintain grading or diking at stockpiles and storage or disposal facilities subject to this rule to assure that surface water drains away from the storage or disposal area.

PART 5. REPORTS

**History**
- *History: 2006 AACS.*

##### **Mich. Admin. Code R 425.501** Mining and reclamation report {#sec-r-425.501 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 425.501}

Rule 501. (1) A permittee shall file an annual mining and reclamation report with the department; the city, village, or township where the proposed mining operation is located; and the Indian governing body having jurisdiction over an Indian reservation containing all or part of the mining area or affected area. The report shall be filed in printed and electronic format on or before March 15 of each year during the period the mine is operating and during the postclosure monitoring period. The department shall post a copy of the report on the department website.The report shall contain all of the following:

(a) A map or maps drawn to an appropriate scale on a topographic base and referenced to the nearest government-surveyed section or quarter-section lines, accompanied by appropriate documents or notations, depicting and describing all of the following as they existed on December 31 of the previous year:

(i) The locations and dimensions of portals, shafts, or other openings between the land surface and underground mine workings.

(ii) The location, depth, and contours or slopes of surface pits, underground mine excavations, or both.

(iii) The location of buildings, equipment, roads, railroad spurs, power supplies, fuel storage, or other pertinent features within the mining area.

(iv) Overburden, waste rock, and ore stockpiles.

(v) Settling ponds and tailings disposal areas.

(vi) Drainage control structures and grading.

(vii) Areas that the permittee has reclaimed during the past calendar year.

(viii) Areas that the permittee anticipates will be reclaimed during the current calendar year.

(ix) The name of the person or persons responsible for the preparation of the report, and the date of preparation.

(b) An update of the contingency plan. The permittee shall provide a copy of the update to the emergency management coordinator.

(d) A report of the total tons of material mined from the mining area, and the amount of metallic product by weight, produced from the nonferrous metallic mineral mine for the preceding calendar year.

(e) An updated organization report.

(f) An update of the characterization of reactivity of the ore, waste rock, and overburden that will be mined, and peripheral rock that will be exposed in the process of mining, and of any tailings that will be generated.

(g) A list and summary of the reports required under R 425.503(1) for the preceding calendar year.

(2) Records upon which the mining and reclamation reports are based shall be preserved by the permittee for 3 years and made available to the department upon request.

(3) A permittee shall file with the department an updated estimate of the cost of reclamation for mining activities planned for the current and succeeding 2 years of operation of the mine on or before March 15 of every third year after issuance of the mining permit.

**History**
- *History: 2006 AACS.*

##### **Mich. Admin. Code R 425.502** Update of contingency plan {#sec-r-425.502 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 425.502}

Rule 502. In addition to the annual update of the contingency plan required in R 425.501(1)(b), a permittee shall promptly provide an update of the contingency plan to the department and the local emergency management coordinator whenever either of the following occurs:

(a) A change of the notification process or local representatives of the permittee.

(b) A substantial change in the site conditions or equipment noted on the plan.

**History**
- *History: 2006 AACS.*

##### **Mich. Admin. Code R 425.503** Report of incident {#sec-r-425.503 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 425.503}

Rule 503. (1) A permittee shall promptly notify the department, and each emergency management coordinator having jurisdiction over the affected area, of any incident, act of nature, or exceedance of a permit standard or condition at a mining operation that has created, or may create, a threat to the environment, natural resources, or public health and safety.

(a) The notification shall be made as soon as possible following the incident, act of nature, or exceedance, by telephone or in person, to an authorized representative of the department during normal business hours or to the department pollution emergency alerting system between 5 p.m.and 8 a.m. and on weekends and holidays.

(b) The permittee shall submit to the department a detailed written incident report giving the particulars of the incident, act of nature, or exceedance within 10 days of discovery.

The report shall include all of the following information, to the extent known:

(i) The name of permittee.

(ii) The name of the person reporting the incident, act of nature, or exceedance.

(iii) The date and time of the incident, act of nature, or exceedance.

(iv) The nature of the incident, act of nature, or exceedance.

(v) The nature and degree of the threat to the environment, natural resources, or public health or safety.

(vi) Response actions taken or planned.

(c) If the response to the incident, act of nature, or exceedance is not concluded at the time the incident report is filed as required by subdivision (b) of this subrule, then the permittee shall submit to the department a written final incident report within 30 days after the incident response is concluded. The final incident report shall contain a summary of the initial incident report and an account of all response actions taken. If the final response to the incident, act of nature, or exceedance is not concluded within 30 days, then the department may require periodic progress reports.

(2) Records upon which reports under subrule (1) of this rule are based shall be preserved by the permittee for 3 years or until the end of the postclosure monitoring period, whichever is later, and shall be made available to the department at all times.

PART 6. MEETINGS AND HEARINGS

**History**
- *History: 2006 AACS.*

##### **Mich. Admin. Code R 425.601** Public meetings on prospective mining operations {#sec-r-425.601 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 425.601}

Rule 601. The department may hold a public meeting or meetings at any time after it determines that there is a reasonable likelihood that a person will apply for a permit authorizing mining operations regulated under part 632 of the act. The purpose of the public meeting or meetings shall be to provide information on the regulation of nonferrous metallic mineral mining and to receive public comment on prospective nonferrous metallic mineral mining operations. This rule shall not prevent a local unit of government from taking any lawful action under section 63203(4) of the act.

**History**
- *History: 2006 AACS.*

##### **Mich. Admin. Code R 425.602** Contested case hearing {#sec-r-425.602 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 425.602}

Rule 602. (1) Any person who is aggrieved by an order, action, or inaction of the department or by the issuance, denial, revocation, termination, or amendment of a mining permit under part 632 of the act may file a petition for a contested case hearing with the department. Following the filing of a petition, the State Office of Administrative Hearings and Rules shall conduct a hearing and issue a proposal for decision in accordance with provisions for contested cases in 1969 PA 306, MCL 24.201 et seq. and R 324.1 to R 324.81. Unless waived by the parties, the department shall issue a final decision on a petition for a contested case hearing within 6 months after receiving the petition.

(2) A determination, action, or inaction by the department following a contested case hearing shall be subject to judicial review as provided in 1969 PA 306, MCL 24.201 et seq.

(3) A petition shall be in writing and shall set forth the basis for the filing of the petition.

A petition filed more than 60 days after the petitioner knew, or reasonably should have known, of an order, action, or inaction of the department or a decision on a mining permit may be rejected as being untimely.

**History**
- *History: 2006 AACS.*

## **Water Resources Division** Water Resources Division

### **R 560.301 to R 560.304** Part 3. Subdivisions of Land

##### **Mich. Admin. Code R 560.301** Definitions {#sec-r-560.301 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 560.301}

DEPARTMENTS OF TRANSPORTATION, CONSUMER AND INDUSTRY

SERVICES, AND ENVIRONMENTAL QUALITY

SUBDIVISIONS OF LAND

PART 3. DEPARTMENT OF ENVIRONMENTAL QUALITY

Rule 301. As used in this part:

(a) "A 100-year flood" means a flood with a magnitude which has a 1% chance of occurring or being exceeded in any given year.

(b) "Datum" means the basis from which elevations are measured.

(c) "Flood" means a temporary increase in the stage of a watercourse or lake resulting in the inundation of lands not normally covered by water.

(d) "Floodplain" means that area of land adjoining a watercourse or lake which will be inundated by a 100-year flood.

(e) "Lake" means a natural or artificial body of water with a surface area of 5 acres or more measured at its normal stage, including the great lakes.

(f) "Watercourse" means an open conduit either naturally or artificially created which periodically or continuously contains moving water draining an area of not less than 2 square miles. The point of measurement of the drainage area shall be the downstream limit of the subdivision.

**History**
- *History: 1979 AC; 1988 AACS.*

##### **Mich. Admin. Code R 560.302** Field survey data {#sec-r-560.302 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 560.302}

Rule 302. (1) The purpose of this rule is to prescribe field survey data required before submittal of a preliminary plat.

(2) A proprietor shall furnish, on request by the department of natural resources, plotted valley cross-sections from a control point downstream of the proposed plat to the upstream limits of the plat for any watercourse through or adjacent to the area to be subdivided. The spacing between the cross-sections shall be frequent enough to define the changes in the hydraulic properties of the watercourse. The location of each cross-section shall be shown on a topographic map and elevations shall be at either national geodetic vertical datum or international Great Lakes datum. The required field surveys shall be conducted under the supervision of an engineer or land surveyor licensed in this state.

(3) A proprietor shall furnish, on request by the department of natural resources, current water surface elevations and past high water elevations for any lake which is within or is adjacent to the area to be subdivided. A determination of the drainage area contributing runoff to the lake and an engineering sketch of any water level control structures may also be required. All elevations shall be at national geodetic vertical datum or international Great Lakes datum. The required field surveys shall be conducted under the supervision of an engineer or land surveyor licensed in this state.

(4) If the subdivision is affected by a 100-year floodplain, a permanent benchmark based on either of the datums listed in subrules (2) and (3) of this rule shall be established within the plat boundaries and described on the preliminary plat. This benchmark shall be established under the supervision of an engineer or land surveyor licensed in this state.

**History**
- *History: 1979 AC; 1988 AACS.*

##### **Mich. Admin. Code R 560.303** Floodplain limits; adoption of floodplain delineation reports by reference {#sec-r-560.303 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 560.303}

Rule 303. (1) The purpose of this rule is to prescribe methods to be used to define floodplain limits on lakes and watercourses.

(2) The department of environmental quality has approved published floodplain delineation reports, then the 100-year flood identified in the reports shall be used to define the limits of the floodplain for the lakes and watercourses covered by the reports. The department of environmental quality shall maintain the reports and review them for accuracy. The department of environmental quality shall maintain list of amendments or revisions to the floodplain maps contained in the reports. Upon request, the department of environmental quality shall provide the reports at no cost. The following published federal flood insurance studies are approved floodplain delineation reports and are adopted by reference in this rule:

(a) Alcona county:

Greenbush, township of, February, 1993.

(b) Allegan county:

(i) Allegan, city of, May, 1989.

(ii) Casco, township of, December, 1979.

(iii) Douglas, village of, August, 1979.

(iv) Ganges, township of, June, 1979.

(v) Laketown, township of, December, 1979.

(vi) Saugatuck, township of, August, 1979.

(vii) Saugatuck, village of, August, 1979.

Alpena, township of, February, 1993.

(d) Antrim county:

Milton, township of, August, 1982.

(e) Arenac county:

(i) AuGres, city of, May, 1989.

(ii) AuGres, township of, May, 1989.

(iii) Sims, township of, February, 1993.

(iv) Standish, township of, April, 1993.

(v) Whitney, township of, December, 1977.

(f) Barry county:

(i) Castleton, township of, May, 1988.

(ii) Hastings, city of, August, 1980.

(iii) Hastings, township of, December, 1980.

(g) Bay county:

(i) Bangor, township of, January, 1979.

(ii) Bay City, city of, March, 1978.

(iii) Essexville, city of, March, 1978.

(iv) Frankenlust, township of, May, 1979.

(v) Fraser, township of, June, 1993.

(vi) Hampton, township of, February, 1978.

(vii) Kawkawlin, township of, April, 1993.

(viii) Merritt, township of, February 1978.

(ix) Pinconning, city of, February, 1981.

(x) Pinconning, township of, February, 1993.

(xi) Portsmouth, township of, November, 1979 (h) Benzie county:

Frankfort, city of, March, 1991.

(i) Berrien county:

(i) Benton, township of, June, 1977.

(ii) Benton Harbor, city of, November, 1977.

(iii) Bridgman, city of, May, 1979.

(iv) Buchanan, city of, April, 1993.

(v) Chikaming, township of, December, 1977.

(vi) Coloma, township of, August, 1983.

(vii) Grand Beach, village of, February, 1978.

(viii) Hagar, township of, February, 1977.

(ix) Lake, township of, May, 1979.

(x) Lincoln, township of, May, 1977.

(xi) Michiana, village of, November, 1977.

(xii) New Buffalo, city of, June, 1979.

(xiii) New Buffalo, township of, June, 1979.

(xiv) Niles, city of, July, 1987.

(xv) Royalton, township of, February, 1977.

(xvi) St. Joseph, city of, December, 1976.

(xvii) St. Joseph, township of, December, 1979.

(xviii) Sodus, township of, June, 1977.

(xix) Watervliet, city of, May, 1983.

(xx) Watervliet, township of, May, 1983.

(j) Branch county:

(i) Coldwater, city of, June, 1994.

(ii) Coldwater, township of, June, 1994.

(k) Calhoun county:

(i) Albion, city of, December, 1981.

(ii) Albion, township of, April, 1982.

(iii) Battle Creek, city of, October, 1982.

(iv) Bedford, township of, August, 1982.

(v) Emmett, township of, December, 1982.

(vi) Homer, village of, November, 1981.

(vii) Marengo, township of, November, 1981.

(viii) Marshall, city of, October, 1981.

(ix) Pennfield, township of, April, 1982.

(l) Charlevoix county:

(i) Boyne City, city of, January, 1982.

(ii) East Jordan, city of, January, 1982.

(m) Cheboygan county:

(i) Cheboygan, city of, March, 1988.

(ii) Grant, township of, January, 1989.

(n) Chippewa county:

Sault Ste. Marie, city of, May, 1988.

(o) Clare county:

Clare, city of, February, 1992.

(p) Clinton county:

(i) DeWitt, city of, June, 1979.

(ii) DeWitt, township of, December, 1980.

(iii) Ovid, village of, March, 1993.

(iv) Victor, township of, February, 1989.

(v) Watertown, charter township of, November, 1981.

(q) Delta county:

(i) Brampton, township of, October, 1977.

(ii) Escanaba, city of, September, 1977.

(iii) Ford River, township of, June, 1977.

(iv) Gladstone, city of, September, 1977.

(v) Masonville, township of, September, 1978.

(r) Eaton county:

(i) Charlotte, city of, January, 1981.

(ii) Delta, charter township of, September, 1980.

(iii) Dimondale, village of, March, 1980.

(iv) Eaton Rapids, city of, April, 1982.

(v) Eaton Rapids, township of, June, 1983.

(vi) Grand Ledge, city of, July, 1980.

(vii) Oneida, township of, January, 1981.

(viii) Windsor, charter township of, July, 1980.

(s) Emmet county:

Harbor Springs, city of, November, 1976.

(t) Genesee county:

(i) Argentine, township of, July, 1980.

(ii) Atlas, township of, December, 1978.

(iii) Burton, city of, February, 1980.

(iv) Clayton, township of, February, 1980.

(v) Clio, city of, March, 1980.

(vi) Davison, city of, March, 1978.

(vii) Davison, township of, December, 1978.

(viii) Fenton, city of, July, 1980.

(ix) Fenton, township of, July, 1980.

(x) Flint, city of, July, 1980.

(xi) Flint, township of, May, 1979.

(xii) Flushing, city of, December, 1978.

(xiii) Flushing, township of, August, 1980.

(xiv) Gaines, township of, June, 1979.

(xv) Genesee, township of, June, 1980.

(xvi) Goodrich, village of, March, 1978.

(xvii) Grand Blanc, city of, January, 1980.

(xviii) Grand Blanc, township of, February, 1980.

(xix) Linden, village of, May, 1980.

(xx) Montrose, township of, April, 1993.

(xxi) Mundy, township of, May, 1979.

(xxii) Mt. Morris, township of, August, 1980.

(xxiii) Swartz Creek, city of, May, 1979.

(xxiv) Vienna, township of, July, 1980.

(u) Gogebic county:

Ironwood, city of, January, 1978.

(v) Grand Traverse county:

Traverse City, city of, June, 1982.

(w) Gratiot county:

(i) Alma, city of, September, 1981.

(ii) St. Louis, city of, January, 1989.

(x) Hillsdale county:

(i) Hillsdale, city of, January, 1988.

(ii) Litchfield, city of, February, 1987.

(y) Houghton county:

Chassell, township of, December, 1990.

(z) Huron county:

(i) Caseville, township of, February, 1977.

(ii) Lake, township of, June, 1977.

(iii) Sebewaing, village of, December, 1987.

(aa) Ingham county:

(i) Delhi, township of, November, 1990.

(ii) East Lansing, city of, February, 1980.

(iii) Lansing, city of, November, 1990.

(iv) Lansing, township of, August, 1980.

(v) Locke, township of, September, 1981.

(vi) Mason, city of, April, 1982.

(vii) Meridian, charter township of, August, 1976.

(viii) Williamston, city of, October, 1981.

(ix) Williamstown, township of, October, 1981.

(bb) Ionia county:

(i) Ionia, city of, May, 1983.

(ii) Portland, city of, November, 1983.

(cc) Iosco county:

(i) Alabaster, township of, February, 1987.

(ii) AuSable, township of, January, 1988.

(iii) Baldwin, township of, June, 1994.

(iv) East Tawas, city of, June, 1994.

(v) Oscoda, township of, March, 1978.

(vi) Tawas, city of, June, 1994.

(dd) Iron county:

Iron River, city of, March, 1991.

(ee) Isabella county:

Mt. Pleasant, city of, February, 1982.

(ff) Jackson county:

(i) Blackman, township of, June, 1984.

(ii) Brooklyn, village of, December, 1981.

(iii) Concord, village of, September, 1981.

(iv) Jackson, city of, February, 1980.

(v) Summit, township of, April, 1982.

(gg) Kalamazoo county:

(i) Augusta, village of, September, 1981.

(ii) Charleston, township of, October, 1981.

(iii) Comstock, township of, May, 1982.

(iv) Galesburg, city of, October, 1981.

(v) Kalamazoo, city of, September, 1992.

(vi) Kalamazoo, township of, June, 1994.

(vii) Portage, city of, November, 1982.

(viii) Ross, township of, September, 1981.

(hh) Kent county:

(i) Ada, township of, April, 1980.

(ii) Algoma, township of, July, 1984.

(iii) Caledonia, township of, January, 1981.

(iv) East Grand Rapids, city of, March, 1980.

(v) Grand Rapids, city of, November, 1982.

(vi) Grandville, city of, March, 1982.

(vii) Kentwood, city of, May, 1981.

(viii) Lowell, city of, November, 1982.

(ix) Plainfield, township of, July, 1980.

(x) Sparta, township of, July, 1984.

(xi) Sparta, village of, August, 1982.

(xii) Walker, city of, December, 1981.

(xiii) Wyoming, city of, February, 1992.

(ii) Lapeer county:

(i) Almont, village of, February, 1981.

(ii) Imlay City, city of, January, 1981.

(iii) Lapeer, city of, January, 1992.

(iv) Lapeer, township of, February, 1990.

(v) Mayfield, township of, February, 1990.

(jj) Leelanau county:

(i) Elmwood, township of, August, 1982.

(ii) Northport, village of, March, 1989.

(iii) Suttons Bay, village of, December, 1976.

(kk) Lenawee county:

(i) Adrian, city of, January, 1982.

(ii) Adrian, township of, November, 1990.

(iii) Blissfield, village of, February, 1988.

(iv) Clinton, village of, January, 1982.

(v) Deerfield, village of, October, 1980.

(vi) Hudson, city of, May, 1981.

(vii) Tecumseh, city of, December, 1981.

(ll) Livingston county:

(i) Fowlerville, village of, February, 1987.

(ii) Green Oak, township of, April, 1984.

(iii) Hamburg, township of, February, 1986.

(iv) Putnam, township of, December, 1988.

(mm) Macomb county:

(i) Armada, village of, May, 1990.

(ii) Chesterfield, township of, January, 1978.

(iii) Clinton, township of, January, 1992.

(iv) Fraser, city of, October, 1978.

(v) Grosse Pointe Shores, village of, July, 1978.

(vi) Harrison, township of, November, 1980.

(vii) Macomb, township of, August, 1980.

(viii) Memphis, city of, May, 1988.

(ix) Mt. Clemens, city of, January, 1980.

(x) New Baltimore, city of, March, 1978.

(xi) New Haven, village of, March, 1980.

(xii) St. Clair Shores, city of, February, 1979.

(xiii) Shelby, township of, January, 1980.

(xiv) Sterling Heights, city of, May, 1986.

(xv) Utica, city of, August, 1980.

(xvi) Washington, township of, December, 1981.

(xvii) Warren, city of, May, 1986.

(nn) Manistee county:

(i) Manistee, city of, March, 1987.

(ii) Manistee, township of, November, 1989.

(iii) Onekama, township of, November, 1977.

(oo) Marquette county:

Chocolay, township of, May, 1987.

(pp) Mason county:

(i) Hamlin, township of, December, 1987.

(ii) Summit, township of, December, 1987.

(qq) Menominee county:

(i) Cedarville, township of, March, 1979.

(ii) Ingallston, township of, March, 1979.

(iii) Menominee, city of, February, 1978.

(iv) Menominee, township of, September, 1979.

(v) Stephenson, city of, November, 1976.

(rr) Midland county:

Midland, city of, January, 1989.

(ss) Monroe county:

(i) Ash, township of, May, 1982.

(ii) Bedford, township of, May, 1981.

(iii) Berlin, township of, May, 1982.

(iv) Dundee, village of, January, 1982.

(v) Erie, township of, March, 1978.

(vi) Estral Beach, village of, May, 1983.

(vii) Frenchtown, township of, March, 1977.

(viii) LaSalle, township of, August, 1977.

(ix) Luna Pier, city of, December, 1981.

(x) Milan, city of, February, 1982.

(xi) Milan, township of, June, 1982.

(xii) Monroe, city of, December, 1976.

(xiii) Monroe, township of, June, 1977.

(xiv) Raisinville, township of, February, 1982.

(xv) South Rockwood, village of, November, 1982.

(xvi) Whiteford, township of, October, 1980.

(tt) Montcalm county:

(i) Eureka, township of, May, 1984.

(ii) Greenville, city of, May, 1983.

(uu) Muskegon county:

(i) Laketon, township of, June, 1977.

(ii) Montague, city of, November, 1977.

(iii) Muskegon, city of, December, 1976.

(iv) Muskegon, township of, August, 1977.

(v) Muskegon Heights, city of, August, 1980.

(vi) North Muskegon, city of, January, 1976.

(vii) Norton Shores, city of, September, 1977.

(viii) Ravenna, village of, December, 1981.

(ix) Whitehall, city of, April, 1980.

(x) White River, township of, July, 1980.

(vv) Newaygo county:

(i) Ashland, township of, May, 1989.

(ii) Bridgeton, township of, March, 1990.

(iii) Brooks, township of, November, 1989.

(iv) Garfield, township of, May, 1989.

(v) Lincoln, township of, September, 1991.

(ww) Oakland county:

(i) Auburn Hills, city of, January, 1979.

(ii) Beverly Hills, village of, December, 1978.

(iii) Bingham Farms, village of, July, 1984.

(iv) Birmingham, city of, November, 1979.

(v) Bloomfield, township of, November, 1987.

(vi) Bloomfield Hills, city of, January, 1984.

(vii) Clarkston, village of, September, 1982.

(viii) Commerce, township of, September, 1980.

(ix) Farmington, city of, January, 1980.

(x) Farmington Hills, city of, August, 1979.

(xi) Franklin, village of, June, 1981.

(xii) Highland, township of, July, 1983.

(xiii) Holly, village of, June, 1984.

(xix) Independence, township of, November, 1982.

(xv) Keego Harbor, city of, June, 1982.

(xvi) Lake Angelus, city of, April, 1986.

(xvii) Lake Orion, village of, March, 1981.

(xviii) Northville, city of, March, 1981.

(xix) Novi, city of, May, 1993.

(xx) Oakland, township of, June, 1982.

(xxi) Pontiac, city of, February, 1979.

(xxii) Rochester, city of, March, 1982.

(xxiii) Rochester Hills, city of, March, 1981.

(xxiv) Southfield, city of, March, 1979.

(xxv) Sylvan, city of, May, 1983.

(xxvi) Troy, city of, September, 1988.

(xxvii) Waterford, township of, August, 1982.

(xxviii) West Bloomfield, township of, September, 1982.

(xxix) White Lake, township of, August, 1984.

(xx) Oceana county:

(i) Pentwater, township of, May, 1977.

(ii) Pentwater, village of, November, 1977.

(yy) Ontonagon county:

Ontonagon, village of, May, 1983.

(zz) Osceola county:

(i) Evart, city of, May, 1993.

(ii) Hersey, village of, September, 1991.

(aaa) Ottawa county:

(i) Allendale, township of, July, 1982.

(ii) Coopersville, city of, September, 1982.

(iii) Ferrysburg, city of, August, 1977.

(iv) Georgetown, township of, February, 1992.

(v) Grand Haven, city of, May, 1977.

(vi) Grand Haven, township of, July, 1980.

(vii) Holland, city of, September, 1990.

(viii) Holland, township of, September, 1990.

(ix) Hudsonville, city of, June, 1984.

(x) Park, township of, November, 1977.

(xi) Port Sheldon, township of, November, 1977.

(xii) Spring Lake, township of, May, 1977.

(xiii) Spring Lake, village of, December, 1977.

(xiv) Tallmadge, township of, September, 1982.

(bbb) Saginaw county:

(i) Bridgeport, township of, September, 1983.

(ii) Buena Vista, township of, July, 1984.

(iii) Carrollton, township of, December, 1982.

(iv) Chesaning, village of, March, 1982.

(v) Frankenmuth, city of, March, 1982.

(vi) James, township of, September, 1991.

(vii) Kochville, township of, July, 1982.

(viii) Saginaw, city of, May, 1983.

(ix) Saginaw, township of, January, 1979.

(x) St. Charles, village of, April, 1983.

(xi) Spaulding, township of, December, 1978.

(xii) Taymouth, township of, December, 1988.

(xiii) Thomas, township of, July, 1982.

(xiv) Zilwaukee, city of, January, 1979.

(xv) Zilwaukee, township of, July, 1978.

(ccc) St. Clair county:

(i) Algonac, city of, April, 1977.

(ii) China, township of, February, 1978.

(iii) Clay, township of, December, 1977.

(iv) Cottrellville, township of, March, 1980.

(v) East China, township of, January, 1978.

(vi) Fort Gratiot, township of, June, 1978.

(vii) Ira, township of, September, 1979.

(viii) Marine city, city of, February, 1979.

(ix) Memphis, city of, May, 1988.

(x) Port Huron, city of, June, 1978.

(xi) Port Huron, township of, September, 1991.

(xii) St. Clair, city of, December, 1977.

(xiii) St. Clair, township of, February, 1978.

(ddd) St. Joseph county:

(i) Colon, township of, September, 1988.

(ii) Colon, village of, September, 1988.

(iii) Lockport, township of, February, 1989.

(iv) Nottawa, township of, March, 1989.

(v) Three Rivers, city of, December, 1990.

(eee) Schooolcraft county:

Manistique, city of, December, 1990.

(fff) Shiawassee county:

(i) Caledonia, township of, November, 1981.

(ii) Corunna, city of, January, 1986.

(iii) Owosso, city of, September, 1981.

(iv) Vernon, village of, May, 1988.

(ggg) Tuscola county:

(i) Vassar, city of, June, 1989.

(ii) Wisner, township of, November, 1977.

(hhh) Van Buren county:

(i) Bangor, city of, May, 1989.

(ii) Covert, township of, June, 1977.

(iii) South Haven, city of, September, 1979.

(iv) South Haven, township of, November, 1979.

(iii) Washtenaw county:

(i) Ann Arbor, city of, January, 1992.

(ii) Ann Arbor, township of, September, 1979.

(iii) Dexter, township of, February, 1987.

(iv) Manchester, village of, December, 1981.

(v) Milan, city of, February, 1982.

(vi) Northfield, township of, November, 1990.

(vii) Pittsfield, township of, May, 1991.

(viii) Saline, city of, July, 1983.

(ix) Scio, township of, August, 1989.

(x) Ypsilanti, city of, September, 1982.

(xi) Ypsilanti, township of, December, 1980.

(jjj) Wayne county:

(i) Allen Park, city of, August, 1981.

(ii) Brownstown, township of, February, 1982.

(iii) Canton, township of, March, 1981.

(iv) Dearborn Heights, city of, November, 1982.

(v) Detroit, city of, April, 1984.

(vi) Ecorse, city of, November, 1977.

(vii) Flat Rock, city of, June, 1981.

(viii) Gibraltar, city of, December, 1978.

(ix) Grosse Ile, township of, February, 1980.

(x) Grosse Pointe Park, city of, July, 1978.

(xi) Grosse Pointe Shores, village of, July, 1978.

(xii) Huron, township of, October, 1986.

(xiii) Lincoln Park, city of, May, 1982.

(xiv) Livonia, city of, May, 1981.

(xv) Northville, city of, March, 1981.

(xvi) Northville, township of, March, 1981.

(xvii) Plymouth, city of, August, 1980.

(xviii) Plymouth, township of, September, 1980.

(xix) Redford, township of, September, 1980.

(xx) River Rouge, city of, March, 1977.

(xxi) Riverview, city of, March, 1981.

(xxii) Rockwood, city of, December, 1978.

(xxiii) Southgate, city of, March, 1978.

(xxiv) Sumpter, township of, November, 1980.

(xxv) Taylor, city of, October, 1986.

(xxvi) Trenton, city of, June, 1985.

(xxvii) Wayne, city of, February, 1980.

(xxviii) Westland, city of, July, 1984.

(xxix) Woodhaven, city of, February, 1986.

(xxx) Wyandotte, city of, November, 1977.

The documents listed in this subrule are available in limited quantity at no cost from the local unit of government involved; from the Michigan Department of Environmental Quality, Land and Water Management Division, P.O. Box 30458, Lansing, Michigan 48909-7958; or from the Federal Emergency Management Agency, Flood Map Distribution Center, 6930 (A-F) San Tomas Road, Baltimore, Maryland 21227-6227.

(3) If approved floodplain delineation reports are not available, or if a lake or watercourse is not covered by the reports, then a qualified professional who is licensed in this state and who is practicing in the area of his or her expertise shall determine the 100-year floodplain limits using acceptable engineering practice. The determination is subject to review and approval by the department of environmental quality.

(4) A person shall make an appeal from a determination made by the department of environmental quality with respect to subrule (3) of this rule in accordance with chapter 6 of Act No. 306 of the Public Acts of 1969, as amended, being §§24.301 to 24.306 of the Michigan Compiled Laws.

**History**
- *History: 1979 AC; 1988 AACS; 1998-2000 AACS.*

##### **Mich. Admin. Code R 560.304** Building in areas affected by floodplains {#sec-r-560.304 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 560.304}

Rule 304. (1) The purpose of this rule is to prescribe minimum standards for a new development for residential purposes and occupancy within or affected by a floodplain.

(2) A proprietor shall file and record with the final plat restrictive deed covenants that state, in perpetuity, that no filling or occupation of the floodplain area will be allowed without approval of the department of environmental quality and that any building used or capable of being used for residential purposes and occupancy within or affected by the floodplain shall comply with all of the following requirements:

(a) Be located on a lot having a minimum buildable site of 3,000 square feet of its area at its natural grade above the elevation of the line defining the floodplain limits. The buildable site shall exclude all setbacks and easements.

(b) Be served by streets within the proposed subdivision having surfaces not lower than 1 foot below the elevation defining the floodplain limits.

(d) Have openings into the basement not lower than the elevation defining the floodplain limits.

(e) Have basement walls and floors, if below the elevation defining the floodplain limits, that are watertight and designed to withstand hydrostatic pressures from a water level equal to the elevation of the contour defining the floodplain limits following methods and procedures outlined in chapter 5 for type A construction and chapter 6 for class 1 loads found in the publication entitled "Flood Proofing Regulations," EP 1165 2 314, prepared by the office of the chief of engineers, United States Army, Washington, DC, March 1992.

Figure 6 on page 14-5 of the regulations shows typical foundation drainage and waterproofing details. This document is adopted by reference in these rules and is available, at no cost, from the Department of Environmental Quality, Land and Water Management Division, P.O. Box 30458, Lansing, Michigan 48909-7958, or the Department of the Army, Corps of Engineers, Publications Depot, 890 S. Pickett, Alexandria, Virginia 22304.

(f) Be equipped with a positive means of preventing sewer backup from sewer lines and drains that serve the building.

(g) Be properly anchored or weighted to prevent flotation.

(3) The requirement that the building site have its natural grade above the floodplain limit in subrule (2) (a) of this rule may be waived if the building site is to be filled, the requirements of section 194(c) of the act and sections 3104, 3105, 3106, 3107, and 3108 of part 31 of Act No. 451 of 1994, being §§324.3104, 324.3105, 324.3106, 324.3107, and 324.3108 of the Michigan Compiled Laws, sections 30102 and 30106 of part 301 of Act No. 451 of the Public Acts of 1994, being §§324.30102 and 324.30106 of the Michigan Compiled Laws, and sections 30304 and 30311 of part 303 of Act No. 451 of the Public Acts of 1994, being §§324.30304 and 324.30311 of the Michigan Compiled Laws, where applicable, are met, and any 1 of the following occurs:

(a) The lowest floor, including the basement, will be constructed above the 100- year floodplain elevation.

(b) A licensed professional engineer schooled in the science of soil mechanics states all of the following:

(i) That the building site has been filled with soil of a type and in a manner that hydrostatic pressures are not exerted upon the basement walls or floor while the watercourse is at or below the 100-year flood elevation.

(ii) That the placement of the fill will prevent settling of the building or buckling of floors or walls.

(iii) That the building is equipped with a positive means of preventing sewer backup from sewer lines and drains that serve the building.

(i) That the basement walls and floors are designed to be watertight and to withstand hydrostatic pressure from a water level equal to the 100-year flood elevation.

(ii) That the building is properly anchored or weighted to prevent flotation.

(iii) That the building is equipped with a positive means of preventing sewer backup from sewer lines and drains that serve the building.

(4) If the natural floodplain area is altered through the placement of fill or the watercourse is relocated or enclosed and the community within which the subdivision is located is a participant in the national flood insurance program, then the developer shall apply for and receive a letter of map revision based on fill from the federal emergency management agency before recording the final plat.

**History**
- *History: 1979 AC; 1988 AACS; 1998-2000 AACS.*

## **Drinking Water and Environmental Health Division** Drinking Water and Environmental Health Division

### **R 560.401 to R 560.428** Part 4. Subdivisions of Land

##### **Mich. Admin. Code R 560.401** Definitions {#sec-r-560.401 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 560.401}

DEPARTMENTS OF TRANSPORTATION, CONSUMER AND INDUSTRY

SERVICES, AND ENVIRONMENTAL QUALITY

SUBDIVISIONS OF LAND

(By authority conferred on the director of the department of environmental quality by section 105 of Act No. 288 of the Public Acts of 1967, as amended, being §560.105 and section 2226 of Act No. 368 of the Public Acts of 1978, as amended, being §333.2226 of the Michigan Compiled Laws. Each part of these rules is promulgated separately by the department whose name appears in the designation of that part.)

PART 4. DEPARTMENT OF ENVIRONMENTAL QUALITY ON-SITE WATER

SUPPLY AND SEWAGE DISPOSAL FOR LAND DIVISIONS AND

SUBDIVISIONS

Rule 401. As used in this part:

(a) "Alternative system" means a treatment and disposal system which is not a conventional system and provides for an equivalent or better degree of protection for public health and the environment than a conventional system.

(b) "Approval for the suitability of an on-site water supply" means a written statement confirming that an adequate quantity and quality of water is available from a protected source in accordance with R 560.404 issued by the department to a property owner or the owner's designated representative.

(c) "Approval for the suitability of on-site sewage disposal" means a written statement or on-site sewage disposal permit in accordance with R 560.416 issued by the department to the property owner or the owner's designated representative.

(d) "Available sanitary sewer facilities" means sanitary sewers determined accessible upon consideration of the following factors:

(i) The distance from the proposed development site to the nearest existing public services or planned public services that are to be installed.

(ii) The capacity of the existing public sanitary sewer system.

(iii) The policy of the local governing body on utility extensions.

(iv) The service areas denoted in the community's comprehensive sewer and water plan, if a plan is available.

(e) "Certified professional geologist" means a professional geologist certified by The American Institute of Professional Geologists, 7278 Vance Drive, Suite 103, Arvada, Colorado 80003.

(f) "Certified professional soil scientist" means a professional soil scientist certified by ARCPACS, 677 South Segoe Road, Madison, Wisconsin 53711.

(g) "Conventional system" means an on-site sewage treatment and disposal system that contains a watertight septic tank with nonuniform distribution of effluent to subsurface soil trenches or an absorption bed on sites meeting the criteria contained in R 560.418 to R 560.422.

(h) "Deep cut excavation" means the excavation of unsuitable soil materials below the bottom of the final disposal system to depths more than 6 feet below natural grade to expose acceptable underlying soils.

(i) "Department" means the department of environmental quality, a city health department, a county health department, or a district health department, whichever has jurisdiction.

(j) "Development site" means any parcel or lot as defined by section 102 of the land division act, Act 288 of the Public Acts of 1967, as amended, being §560.102 of the Michigan Compiled Laws.

(k) "Drains" means man-made excavations, piping, or both, that collect groundwater or surface water, and includes road ditches, county drains, and footing drains.

(l) "Drop-off" means a man-made cut or natural slope where side slope is in excess of 50% and which contains semi-impermeable layers that may cause percolating water to vent to the surface.

(m) "Floodplain" means the area of land adjoining a surface water that will be inundated by a 100-year flood.

(n) "Groundwater" means the water in the ground that is in the zone of saturation.

(o) "High groundwater elevation" means the uppermost part of the soil or underlying material wholly saturated with water. The term includes perched and apparent conditions that are seasonally saturated for a time period in excess of two weeks, or permanently saturated.

(p) "Licensed professional engineer" means a professional civil engineer who is licensed under article 20 of the occupational code, Act 299 of the Public Acts of 1980, being §§399.2001 to 339.2014 of the Michigan Compiled Laws.

(q) "Lot" means a measured portion of a parcel or tract of land as defined by section 102 of the land division act, Act 288 of the Public Acts of 1967, being §560.102 of the Michigan Compiled Laws.

(r) "Peak water demand" means the maximum water use rate in gallons per minute.

(s) "Preliminary plat" means a map as defined by section 102 of the land division act, Act 288 of the Public Acts of 1967, being §560.102 of the Michigan Compiled Laws.

(t) "Primary maximum contaminant level" means the concentration level of a contaminant above which consumption of the water poses a health risk.

(u) "Professional surveyor" means a professional surveyor licensed under article 20 of the occupational code, Act 299 of the Public Acts of 1980, being §§339.2001 to 339.2014 of the Michigan Compiled Laws.

(v) "Public sewer" means a sewerage system as defined in section 4101 of Act No. 451 of the Public Acts of 1994, as amended, being §324.4101 of the Michigan Compiled Laws.

Public sewerage systems are generally those that collect and treat sanitary sewage generated by 2 or more dwellings or structures not under the same ownership.

(w) "Public water" means a public water supply as defined in section 2(o) of Act No. 399 of the Public Acts of 1976, as amended, being §325.1002(o) of the Michigan Compiled Laws.

(x) "Registered sanitarian" means a person that is registered under part 184 of Act No. 368 of the Public Acts of 1978, being §333.18401 of the Michigan Compiled Laws.

(y) "Registered well drilling contractor" means a contractor registered under part 127 of Act No. 368 of the Public Acts of 1978, being §§333.12701 to 333.12715 of the Michigan Compiled Laws.

(z) "Sanitary sewage" means water and contaminants discharged from sanitary conveniences, including bathroom, kitchen, and household laundry fixtures of dwellings, office buildings, industrial plants, commercial buildings, and institutions. Commercial laundry wastes and industrial and commercial processes are not considered sanitary sewage.

(aa) "Secondary maximum contaminant level" means the concentration level of a constituent above which the constituent adversely affects water quality properties, such as taste, odor, corrosivity, or scale production.

(bb) "Soil mottling," also known as redoximorphic features, means spots or blotches of contrasting colors, such as, but not limited to, gray or brown or gray and brown colors in close proximity, that are formed in the soil matrix by the processes of reduction, translocation, and oxidation of iron and manganese compounds in soils that have been periodically saturated.

(cc) "Soil permeability" means the rate at which liquid passes in 1 direction through the soil material under saturated conditions.

(dd) "Soil structure" means the morphological aggregates in which the individual soil particles are arranged.

(ee) "Soil textural class" means the United States department of agriculture (USDA) classification system and refers to the coarseness or fineness of the soil relative to the proportion of sand, silt, and clay.

(ff) "Subsurface" means below the natural or altered ground surface elevation.

(gg) "Suitable absorption area" means the portion of a lot which has acceptable soils that remains for construction of a conventional system after identified limiting surface and subsurface features, applicable setbacks, and isolation distances have been excluded.

(hh) "Suitability" means the presence of site conditions that could warrant the development of an on-site sewage treatment and disposal system or on-site water supply system that is in compliance with these rules.

(ii) "Surface water" means any of the following:

(i) The Great Lakes and their connecting waterways.

(ii) Inland lakes.

(iii) Rivers.

(iv) Streams.

(v) Impoundments.

(vi) Perennial open drains.

(vii) Any other watercourses within the jurisdiction of the state as defined in section 3101 of Act No. 451 of the Public Acts of 1994, as amended, being §324.3101 of the Michigan Compiled Laws.

(jj) "Test well" means a well that is used to obtain information on groundwater quantity, quality, or aquifer characteristics for the purpose of designing or operating a water supply well.

**History**
- *History: 1979 AC; 2001 AACS.*

##### **Mich. Admin. Code R 560.402** Preliminary plats {#sec-r-560.402 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 560.402}

Rule 402. The owner or a designated representative shall submit 3 copies of a preliminary plat drawing to the department for review. A preliminary plat drawing shall include all of the following information:

(a) Existing and proposed 5-foot contour intervals. For waterfront property, or where the high groundwater elevation is within 6 feet of existing or proposed finished ground surface, the preliminary plat shall show existing and proposed 2-foot contour intervals. The department may waive the requirements for contours if a lot in the subdivision is more than 1 acre. If extensive cutting or filling of land is anticipated that will affect building sites and sewage disposal facilities in the areas involved, then the plans shall indicate the cutting or filling. The owner or designated representative shall specify the type of fill material to be used when filling is anticipated.

(b) The location of all of the following, either existing or proposed, within or adjacent to the area to be platted:

(i) Rivers.

(ii) Streams.

(iii) Creeks.

(iv) Lakes.

(v) County drains.

(vi) Other subsurface drains.

(vii) Lagoons.

(viii) Slips.

(ix) Waterways.

(x) Bays.

(xi) Canals.

(xii) Artificial impoundments.

(d) Established 100-year floodplain area and elevation and normal high water level in the case of waterfront property. On lakes where a legal level has been established, the plat drawing shall show the legal level.

(e) The location of existing facilities and structures, including, but not limited to, all of the following:

(i) Buildings.

(ii) Sewage systems.

(iii) High-tension towers.

(iv) Utility easements of record or in use.

(v) Excavations.

(vi) Bridges.

(vii) Culverts.

(viii) Injection wells.

(ix) Oil wells.

(x) Gas wells.

(xi) Water wells.

(xii) Underground storage tanks.

(f) Building setback lines from road, waterfront, or lot lines if lines are established or proposed.

(g) The department may require the location of proposed individual wells to be shown.

**History**
- *History: 1979 AC; 2001 AACS.*

##### **Mich. Admin. Code R 560.403** Site reports; contents {#sec-r-560.403 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 560.403}

Rule 403. For a subdivision, the owner or designated representative shall submit 3 copies of a site report to the department. A site report shall include all of the following information:

(a) The name and location of proposed plat.

(b) The names and addresses of the proprietor of the preliminary plat and the licensed professional engineer or professional surveyor submitting the site report.

(c) A statement of intended use of the proposed plat, such as single-family, 2-family, and multiple residential housing; commercial; industrial; recreational; or agricultural.

(d) A statement of the type of water and sewage system to be provided.

(e) A statement of the existing use of adjacent property and intended use of adjacent undeveloped land, if known, including any adjacent public-owned lands.

(f) The results of all soil profile evaluations performed on the site.

(g) A statement of the site suitability for on-site water supply or on-site sewage disposal according to R 560.404 and R 560.416.

**History**
- *History: 1979 AC; 2001 AACS.*

##### **Mich. Admin. Code R 560.404** Approval for suitability of on-site water supply {#sec-r-560.404 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 560.404}

Rule 404. Before issuing an approval for the suitability of an on-site water supply for a development site that is less than 1 acre in size or a subdivision, the department shall have evidence that a potable, adequate, reliable, and protected on-site water supply has been or can be developed on the parcel as prescribed in these rules.

**History**
- *History: 1979 AC; 2001 AACS.*

##### **Mich. Admin. Code R 560.405** Water well or test well on parcel {#sec-r-560.405 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 560.405}

Rule 405. The completion of a sufficient number of water wells or test wells on the parcel and submittal of water well records for the water wells or test wells under section 12707 of Act No. 368 of the Public Acts of 1978, as amended, being §333.12707 of the Michigan Compiled Laws, and submittal of water sample results or the submittal of other hydrogeological information to the department constitutes evidence for determining the suitability of an on-site water supply.

**History**
- *History: 1979 AC; 2001 AACS.*

##### **Mich. Admin. Code R 560.406** Water well records and water sample results for well not on parcel {#sec-r-560.406 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 560.406}

Rule 406. If a water well or test well has not been completed on the parcel, then water sample results or other hydrogeological information pertaining to existing wells in the vicinity of the parcel which demonstrates that the proposed on-site water supply will likely result in compliance with these rules constitutes evidence of suitability. If well record data, water sample results, and hydrogeological information are not available, or if the data indicate that unsuitable groundwater quantity or quality may exist, then the department shall either reject the development site of less than 1 acre in size or proposed subdivision under R 560.428 or issue a conditional approval with a recorded deed restriction under R 560.426.

**History**
- *History: 2001 AACS.*

##### **Mich. Admin. Code R 560.407** On-site water supply construction criteria {#sec-r-560.407 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 560.407}

Rule 407. An on-site water supply shall meet the location and construction standards in R 325.1601 to R 325.1676.

**History**
- *History: 2001 AACS.*

##### **Mich. Admin. Code R 560.408** Well protection {#sec-r-560.408 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 560.408}

Rule 408. The owner shall be responsible for the construction of an on-site water supply that is free from sources of contamination. The following methods shall be given consideration:

(a) Penetration of an impervious layer which is of sufficient areal extent, but which is not less than 10 feet thick.

(b) Maintaining a minimum of 50 feet from the static water level to the bottom of the casing or top of the screen in an unconfined aquifer.

(c) An increase in the minimum horizontal isolation distance between the well and a source from which groundwater contamination may occur.

(d) A combination of the methods in subdivisions (a), (b), and (c) of this subrule or another method that the department determines will provide adequate protection for the on-site water supply.

**History**
- *History: 2001 AACS.*

##### **Mich. Admin. Code R 560.409** Prohibited water sources for new dwellings {#sec-r-560.409 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 560.409}

Rule 409. The owner or designated representative shall not obtain water for drinking or household purposes that is intended to furnish new dwellings located on a development site that is less than 1 acre in size or a subdivision from any of the following:

(a) A dug well.

(b) A crock well.

(d) A cistern.

(e) A surface body of water.

(f) A spring.

(g) Any other similar device.

**History**
- *History: 2001 AACS.*

##### **Mich. Admin. Code R 560.410** Deviations to decrease minimum casing depth or isolation distances prohibited {#sec-r-560.410 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 560.410}

Rule 410. The department shall not grant deviations to decrease minimum casing depth or to decrease minimum isolation distances under R 325.1613 for development sites less than 1 acre in size or subdivisions.

**History**
- *History: 2001 AACS.*

##### **Mich. Admin. Code R 560.411** Yield or performance testing {#sec-r-560.411 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 560.411}

Rule 411. A registered water well drilling contractor under the supervision of the owner or the owner's designated representative shall perform a yield or performance test to demonstrate that water can be withdrawn from an on-site water supply well for drinking and household purposes at a sustained pumping rate which is not less than 10 gallons per minute (gpm) and which meets or exceeds peak water demand for not less than a 4-hour period of time. If an on-site water well cannot sustain a capacity that meets the peak water demand, then the department shall require demonstration of a combination of the known well yield and storage facilities that can furnish water at a delivery rate sufficient to meet the peak water demand.

**History**
- *History: 2001 AACS.*

##### **Mich. Admin. Code R 560.412** Collection and analysis of water samples {#sec-r-560.412 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 560.412}

Rule 412. (1) The department or a property owner's designated representative shall collect water samples for chemical and bacteriological analyses from each test well or on-site water supply well intended for household purposes.

(2) A state-certified laboratory shall perform all water sample analyses.

(3) The state-certified laboratory shall perform analyses for all of the following parameters:

(a) Chloride.

(b) Fluoride.

(d) Iron.

(e) Nitrate.

(f) Nitrite.

(g) Sodium.

(h) Sulfate.

(i) Coliform bacteria.

(4) The department may require additional sampling or allow a reduction in sampling for specific contaminants based on local site conditions or other pertinent factors.

**History**
- *History: 2001 AACS.*

##### **Mich. Admin. Code R 560.413** Adoption of standards by reference {#sec-r-560.413 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 560.413}

Rule 413. The department adopts by reference in these rules the publication entitled "Drinking Water Regulations and Health Advisories," EPA-822-B-96-002, October 1996.

The publication may be obtained free of charge from the Office of Ground Water and Drinking Water, United States environmental protection agency, 401 M street, SW, Washington, DC 20460-0003. The toll-free telephone number is 800-426-4791. A copy of this publication is available on the internet at http:\\www.epa.gov\OST\tools\dwstds.html.

Copies of the adopted matter are available for inspection at the offices of the Drinking Water and Radiological Protection Division, Department of Environmental Quality, 3423 N. Martin L. King Blvd., Lansing, Michigan 48906.

**History**
- *History: 2001 AACS.*

##### **Mich. Admin. Code R 560.414** Primary maximum contaminant levels {#sec-r-560.414 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 560.414}

Rule 414. (1) The department shall reject proposed development sites that are less than 1 acre in size and subdivisions if the water sample analysis detects contaminants in concentrations that exceed the primary maximum contaminant levels as defined in R 560.401(t).

(2) The department shall reject proposed development sites that are less than 1 acre in size and subdivisions if the water sample analysis detects a contaminant in a concentration that is more than 50% of the maximum contaminant level and the department has determined that the contaminant is likely to exceed the primary maximum contaminant level in the future after considering the following:

(a) Contaminant transport and modeling.

(b) Land use.

(d) Other factors that influence groundwater movement.

(3) If the department requires additional analysis under R 560.412(4), then the department shall use the drinking water regulations and health advisories adopted in R 560.413 to determine primary maximum contaminant levels.

**History**
- *History: 2001 AACS.*

##### **Mich. Admin. Code R 560.415** Secondary maximum contaminant levels {#sec-r-560.415 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 560.415}

Rule 415. If water sample analyses from a test well or on-site water supply well for a development site less than 1 acre in size or a subdivision detects a contaminant in a concentration that exceeds the secondary maximum contaminant level in Table 1, then the department shall disclose by means of recorded advisories according to R 560.426, the nature of the impact on drinking water quality.

Table 1 Secondary Maximum Contaminant Levels Contaminant Secondary Maximum Contaminant Level in Milligrams Per Liter Chloride250 Hardness (as calcium carbonate)

Iron0.3 Sodium250 Sulfate250 CorrosivityNoncorrosive

**History**
- *History: 2001 AACS.*

##### **Mich. Admin. Code R 560.416** Approval for suitability of conventional on-site sewage treatment and disposal {#sec-r-560.416 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 560.416}

Rule 416. Before issuing an approval for the suitability of a conventional on-site sewage treatment and disposal system for a development site less than 1 acre in size or a subdivision, the department shall have evidence that site conditions meet these rules.

**History**
- *History: 2001 AACS.*

##### **Mich. Admin. Code R 560.417** Soil absorption area for conventional treatment and disposal systems {#sec-r-560.417 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 560.417}

Rule 417. (1) A suitable absorption area for at least 1 original and 1 replacement system shall exist for each development site less than 1 acre in size or each lot where a conventional treatment and disposal system is proposed. Location of each absorption area shall conform to the minimum isolation distances found in Table 2 Table 2 Minimum Horizontal Isolation Distances From Absorption Area* To: Minimum Horizontal Isolation Distance(feet)

Private individual well50 Surface waters100 Basement foundation walls10 Topofdrop-off20 Propertylines10 Footing drains installed in water table withoutdirectconnection to surface Footing drains installed in water table with direct connection to surface water Drains designed to lower the water table 100 *measured from edge of stone (2) The department shall establish the required minimum area available for a development site less than 1 acre in size or on each lot for initial and replacement systems in accordance with the regulations of the city, county, or district health department having jurisdiction under the authority granted by Act No. 368 of the Public Acts of 1978, as amended, being §325.1101 et seq. of the Michigan Compiled Laws. For lots or development sites less than 1 acre in size proposed to be served by individual wells and on-site sewage disposal systems or lots or development sites less than 1/2 acre in size proposed to be served by a public water supply and on-site sewage disposal systems, the department may require the submission of a detailed development plan by any of the following persons demonstrating competence:

(a) A licensed professional engineer.

(b) A professional surveyor.

A professional approved by the department. The professional person shall draw the detailed plan to scale with a maximum 2-foot contour interval, shall show the proposed design for the initial and replacement sewage disposal systems, and shall indicate the location intended for the home and individual water supply well. The professional person shall indicate both existing and proposed contours. The professional person shall ensure that areas defined on the plan for sewage systems and the well are at locations that are readily accessible for future maintenance or replacement, or both.

**History**
- *History: 2001 AACS.*

##### **Mich. Admin. Code R 560.418** Slopes {#sec-r-560.418 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 560.418}

Rule 418. (1) A development site less than 1 acre in size or a lot shall have sufficient areas of suitable soils in areas that have slopes conducive to the construction of initial and replacement on-site sewage disposal systems.

(2) If a development site less than 1 acre in size or a lot has slopes of more than 12%, then the department may require the submission of a detailed development plan by any of the following persons demonstrating competence:

(a) A licensed professional engineer.

(b) A professional surveyor.

(d) A professional approved by the department.

The professional person shall draw the detailed plan to scale with a maximum 2-foot contour interval, shall show the proposed design for the initial and replacement sewage disposal systems, and shall indicate the location intended for the home and individual water supply well. The professional person shall indicate both existing and proposed contours.

The professional person shall ensure that areas defined on the plan for sewage systems and the well are at locations that are readily accessible for future maintenance or replacement, or both.

(3) If extensive site modifications are required to provide for areas that have a slope amenable to construction of the on-site sewage system, then the department may require necessary site work to be completed before final recording of a subdivision or before approval for on-site sewage disposal of a development site that is less than 1 acre in size.

**History**
- *History: 2001 AACS.*

##### **Mich. Admin. Code R 560.419** Floodplains {#sec-r-560.419 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 560.419}

Rule 419. (1) The areas for initial and replacement on-site sewage disposal systems shall have natural ground surface elevation above the elevation defining the 100-year floodplain, where a floodplain exists.

(2) The department shall ensure that the soil infiltrative surface of the sewage disposal system is located at an elevation that is above the elevation defining the 100-year floodplain.

**History**
- *History: 2001 AACS.*

##### **Mich. Admin. Code R 560.420** Soil profile evaluations for subdivisions and land divisions {#sec-r-560.420 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 560.420}

Rule 420. (1) Any of the following persons demonstrating competence shall provide the results of soil profile evaluations to the department for the area designated for initial and reserve on-site sewage disposal systems:

(a) A licensed professional engineer.

(b) A professional surveyor.

(d) A certified professional geologist.

(e) A certified professional soil scientist.

(f) A professional approved by the department.

Soil profile evaluations shall confirm the existence of suitable soils on each development site that is less than 1 acre in size or proposed lot.

(2) The person conducting soil profile evaluations shall complete them to a minimum depth of 6 feet below the natural ground surface or 6 feet below the elevation that will exist after cutting unless waived by the department. Soil data shall be reported in accord with the United States department of agriculture (USDA) soil classification system. A soil profile evaluation shall identify all of the following:

(a) Soil horizon depths.

(b) Soil texture.

(d) Soil mottling.

(e) Depth-to-high groundwater elevation or bedrock.

(3) The person providing the results of soil profile evaluations shall complete them using either soil pits or soil borings.

**History**
- *History: 2001 AACS.*

##### **Mich. Admin. Code R 560.421** Soil suitability for conventional systems {#sec-r-560.421 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 560.421}

Rule 421. (1) The department shall ensure that soil texture and permeability conforms to the types and ranges specified in Table 3.

Table 3 Suitable Soil Texture and Permeabilities Soil Texture Permeability* (minutes/inch)

Sand, loamy sand1 - 15 Sandy loam16 - 30 Sandy clay loam, light loam31 - 60 Clay loam, silty clay loam, clay Above 60 Unsuitable * soil structure shall also be considered when evaluating permeability.

(2) To provide for adequate soil treatment capability, a minimum of 3 feet of unsaturated soil shall exist between high groundwater elevation or bedrock and the bottom of the infiltrative surface. Greater vertical separation may be required in accordance with the regulations of the city, county, or district health department having jurisdiction under the authority granted by Act No. 368 of the Public Acts of 1978, as amended, being §325.1101 et seq. of the Michigan Compiled Laws. Greater vertical separation may also be required where groundwater mounding underneath the soil absorption system or other factors would limit the treatment to protect on-site water supplies or surface waters. For lots or development sites less than 1 acre, the soil below the infiltrative surface of the absorption system shall meet the texture and permeability requirements of Table 3.

(3) If the required 3 feet of unsaturated soils cannot be provided naturally, then the department will consider proposals for fill. Fill is acceptable only if the depth to high groundwater elevation or bedrock, or both, is a minimum of 2 feet below the natural, unaltered ground surface. Fill is only acceptable over soils specified in Table 3 as suitable by texture and permeability.

(4) Fill materials shall consist of medium to coarse sands in accordance with the USDA classification system without excessive fines. Fill materials may be required to be placed for both the initial and reserve sewage disposal system areas before final recording of the plat or approval for on-site sewage disposal of a development site that is less than 1 acre in size. Any of the following persons demonstrating competence shall provide certification of fill materials and placement to the department:

(a) A licensed professional engineer.

(b) A professional surveyor.

(d) A certified professional geologist.

(e) A certified professional soil scientist.

(f) A professional approved by the department.

(5) If filling is required, any of the following persons may be required to submit a detailed development plan as the basis for approval:

(a) A licensed professional engineer.

(b) A professional surveyor.

(d) A professional approved by the department.

The person shall draw the detailed plan to scale showing both existing and proposed contours that have a maximum 2-foot interval and shall indicate the area for the initial and replacement sewage disposal system at locations that will be accessible for maintenance or replacement, or both.

**History**
- *History: 2001 AACS.*

##### **Mich. Admin. Code R 560.422** Deep cut excavations {#sec-r-560.422 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 560.422}

Rule 422. (1) If suitable soils, as specified in Table 3, are not present within the upper 6 feet of the soil profile and alternative methods of sewage treatment and disposal have been considered under R 560.424, then the department may approve the use of deep cut excavations to expose acceptable underlying soils that exist within 20 feet of the natural grade.

(2) Acceptable underlying soils shall consist of a minimum of 4 feet of soils which have a permeability of greater than 30 minutes per inch and which are not permanently or seasonally saturated as confirmed by soil profile evaluations.

(3) Deep cut excavations are not allowed if the soils that are cut through are seasonally or permanently saturated. Exceptions may be considered where drainage of groundwater from overlying soils would not be expected to adversely impact the function of the sewage disposal system.

(4) Deep cut excavations are not allowed unless hydrogeologic information confirms that the underlying soils being exposed have no direct hydraulic connection to a useable aquifer intended for drinking or household purposes.

(5) For deep cut excavations the department may require alternative methods of sewage treatment. The department may require such excavations to be completed and filled with medium to coarse sands in accord with the USDA classification system before final recording of the plat or approval for on-site sewage disposal of a development site that is less than 1 acre in size. Any of the following persons demonstrating competence shall provide certification of fill materials and placement to the department:

(a) A licensed professional engineer.

(b) A professional surveyor.

(d) A certified professional geologist.

(e) A certified professional soil scientist.

(f) A professional approved by the department.

(6) The owner or owner's designated representative shall complete deep cut excavations over 100% of the required initial and reserve absorption system area for the upper 6 feet; however, excavations may be reduced to a minimum of 50% of the required absorption system area between 6 and 20 feet deep.

**History**
- *History: 2001 AACS.*

##### **Mich. Admin. Code R 560.423** Proposals to lower high groundwater elevation {#sec-r-560.423 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 560.423}

Rule 423. (1) The department may approve the use of a proposal that includes surface and subsurface drainage systems to control high groundwater elevation conditions for a development site that is less than 1 acre in size or subdivision.

(2) Before approval, the owner or his designated representative shall install drainage systems specified in subrule (1) of this rule and shall monitor high groundwater elevations during the normally wettest time period of the year and at least from March 1 to June 1.

Any of the following persons shall provide monitoring results to the department:

(a) A licensed professional engineer.

(b) A professional surveyor.

(d) A certified professional geologist.

(e) A certified professional soil scientist.

(f) A professional approved by the department.

In addition, the designated person shall substantiate that high groundwater elevation has been lowered to meet the requirement of R 560.421.

(3) The designated person shall monitor high groundwater elevations by placing a monitoring well at representative locations approved by the department. The designated person shall make observations on the first day of the monitoring period and at least once every 7 days thereafter until the monitoring period is complete.

(4) The designated person shall provide representative precipitation data for the time period of September 1 to May 31 and shall supply the data as part of the observations required in subrule (3) of this rule. Results of high groundwater elevation monitoring are inconclusive if recorded precipitation totals are less than 90% of normal averages during the time period of September 1 to May 31.

(5) For a proposal to lower high groundwater elevation to be approved by the department, a county drain commissioner or other responsible governmental agency shall have approved the drain design and a responsible governmental agency shall have accepted responsibility for perpetual maintenance of the drain.

**History**
- *History: 2001 AACS.*

##### **Mich. Admin. Code R 560.424** Alternative methods of sewage treatment and disposal {#sec-r-560.424 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 560.424}

Rule 424. (1) The department may approve an alternative treatment and subsurface disposal system for a development site less than 1 acre in size or a lot deemed suitable or not suitable for a conventional subsurface sewage system.

(2) The department of environmental quality shall provide technical guidance in defining minimum site suitability and design and long-term operation and maintenance requirements considered essential for the proper functioning of specific alternative systems.

(3) The owner may utilize an alternative system if the specific alternative is provided for under the regulations of the city, county, or district health department having jurisdiction and if the department of environmental quality has authorized the alternative system's use.

**History**
- *History: 2001 AACS.*

##### **Mich. Admin. Code R 560.425** Industrial and commercial subdivisions {#sec-r-560.425 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 560.425}

Rule 425. (1) The department may consider approval for the suitability of development sites less than 1 acre in size or subdivisions intended for industrial or commercial usage if both of the following conditions are met:

(a) The proposed development is strictly limited to those uses that generate and dispose of on-site, sanitary sewage only.

(b) Quantities of sanitary sewage intended to be disposed of are limited to low volumes which have been determined to be compatible with site or lot size and soil conditions.

(2) Where an on-site water supply is proposed, it shall meet the requirements of Act 399 of the Public Acts of 1976 being §§325.1001 to 325.1023 and part 127 of Act 368 of the Public Acts of 1978 being §§333.12701 to 333.12715 of the Michigan Compiled Laws.

(3) The aquifer shall be protected in accordance with R 560.408 and yield an adequate quantity of water for the intended usage.

**History**
- *History: 2001 AACS.*

##### **Mich. Admin. Code R 560.426** Recorded deed restrictions and advisories {#sec-r-560.426 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 560.426}

Rule 426. (1) The department may require, as a condition of approval of a development site that is less than 1 acre in size or a preliminary plat, that the owner records deed restrictions and advisories. The deed restrictions and advisories may include any of the following:

(a) Minimum well construction features needed to provide an acceptable on-site water supply.

(b) Possible need for water treatment.

(d) Other advisory information needed to protect public health or groundwater resources.

(e) Location of the sewage disposal system on the lot in relation to the property lines and structures.

(f) Type of fill material needed.

(g) Type of sewage disposal system or alternative system and requirements related to design, construction, operation, and maintenance.

(h) Isolation above high groundwater elevation.

(2) Before construction of a water well, the department shall advise the owner or designated representative of the existence of any applicable deed restrictions or advisories.

**History**
- *History: 2001 AACS.*

##### **Mich. Admin. Code R 560.427** Variances {#sec-r-560.427 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 560.427}

Rule 427. (1) A development site that is less than 1 acre in size or a subdivision shall comply with the requirements of these rules; however, the Michigan department of environmental quality may grant a variance. Such variances will be considered by the department of environmental quality when all of the following conditions are met:

(a) The requirements contained within the rules cannot be met.

(b) Other acceptable alternatives are not available.

(c) The requested variance will not create the potential for a health hazard, nuisance condition, or pollution of surface or groundwater. The requested variance will not violate laws governing water supply, water pollution, or sewage disposal. The proprietor shall make a request for the variance in writing to the department of environmental quality.

Variances granted apply only to the specific site under consideration.

**History**
- *History: 2001 AACS.*

##### **Mich. Admin. Code R 560.428** Plat approval or rejection {#sec-r-560.428 omnilex-key=us-mi-regs-official--dept-environment-great-lakes-and-energy--R 560.428}

Rule 428. (1) Within 30 days of receipt of the preliminary plat, the department shall issue a written approval or rejection to the proprietor.

(2) Before issuing a rejection for the suitability of an on-site water supply or a sewage disposal system, the department shall have information that site conditions are not suitable for the development of an on-site water supply or a sewage disposal system that complies with these rules.

(3) The department shall reject a development site less than 1 acre in size or a preliminary plat if any of the following provisions apply:

(a) There has been a failure to provide for connection to an available public sanitary sewer required by the municipality for a development site that is less than 1 acre in size or subdivision.

(b) The site conditions are not suitable for on-site sewage or on-site water systems where 1 or both is proposed.

(c) Information submitted is not sufficient to make a determination as to the suitability of conditions for on-site water supply or on-site sewage disposal.

(d) The department determines that submitted information is in error with respect to onsite water supply or sewage disposal in accordance with these rules.

**History**
- *History: 2001 AACS.*

Michigan Administrative Code — Department of Environment, Great Lakes and Energy

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