Administrative Rules for
PART 111 HAZARDOUS WASTE MANAGEMENT
of the Natural Resources and Environmental Protection Act 1994 PA 451, as
amended
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Rule 207.
(1)
Any hazardous waste that remains in either an empty container or an
inner liner which is removed from an empty container, as explained in subrules
(3), (4), and
(5) of this rule, is not subject to regulation pursuant to
the provisions of parts 3 to 10 of these rules.
(2)
Any hazardous waste in either a container that is not empty or an inner
liner which is removed from a container that is not empty, as explained in
subrule (3), (4), or (5) of this rule, is subject to regulation pursuant to
these rules.
(3)
A container or an inner liner which is removed from a container that has
held any hazardous waste, except for a waste which is a compressed gas, which
is identified as an acute hazardous waste listed in table 203a, 204a, 204b, or
205a of this part, or which is a
severely toxic hazardous waste, is empty if both of the following conditions
are met:
(a) All wastes have been removed that can be
removed using the practices commonly employed to remove materials from that
type of container, such as pouring, pumping, and aspirating.
(b) Not more than 2.5 centimeters (1 inch) of
residue remain on the bottom of the container or inner liner or either of the
following conditions is met:
(i) Not more than 3% by weight of the total
capacity of the container remains in the container or inner liner if the
container is less than or equal to 119 gallons in size.
(ii) Not more than 0.3% by weight of the total
capacity of the container remains in the container or inner liner if the
container is more than 119 gallons in size.
(4)
A container that has held a hazardous waste that is a compressed gas is
empty when the pressure in the container approaches atmospheric.
(5)
A container or an inner liner that is removed from a container which has
held an acute hazardous waste that is listed in table 203a, 204a, 204b, or 205a
of this part or that is a severely toxic hazardous waste is empty if any of the
following criteria are met:
(a) The container or inner liner has been triple
rinsed using a solvent that is capable of removing the commercial chemical
product or manufacturing chemical intermediate.
(b) The container or inner liner has been cleaned
by another method that has been shown, in scientific literature or by tests
conducted by the generator, to achieve equivalent removal.
(c) In the case of a container, the inner liner
that prevented contact of the commercial chemical product or manufacturing
chemical intermediate with the container has been removed.
(d) In the case of a container or inner liner
that has held a pharmaceutical formulation that is an acute hazardous waste
listed solely for a hazardous waste characteristic and the formulation in the
container or inner liner does not exhibit the characteristic for which the
waste was listed, the container or inner liner is empty if the requirements of
subrule (3) of this rule are met.
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