Restricted Materials ­
Definitions and Regulations

Hazardous Waste

The Resource Conservation and Recovery Act (RCRA) provides "cradle-to-grave" control of solid and hazardous waste by establishing management requirements on generators and transporters of hazardous waste and on owners and operators of hazardous waste treatment, storage, and disposal facilities.  The Environmental Protection Agency (EPA), along with state agencies, is responsible for developing and enforcing RCRA regulations.  Federal RCRA regulations are set forth in the Code of Federal Regulations (CFR) at 40 CFR Parts 240-282, including Part 263 - Standards Applicable to Transporters of Hazardous Waste.

Michigan state regulations (Natural Resources and Environmental Protection Act, 1994 PA 451 Part 115 (Part 115)), which are enforced by the Department of Environmental Quality, mirror the federal RCRA rules.  Additionally, Section 11514 of Part 115 was amended by PA 34 in 2004 to prohibit a person from delivering hazardous waste to a landfill for disposal.

Under federal RCRA and state regulations, a hazardous waste is a solid waste or combination of solid wastes that, because of quantity, concentration or physical, chemical characteristics, may pose a substantial hazard to human health or the environment when improperly treated, stored, transported, disposed, or otherwise managed.

"Hazardous waste" can be one of two types:

• "Listed waste." A solid waste is considered hazardous if it appears on one of four lists published in the Code of Federal Regulations (40 CFR Part 261) (Links to full text regulations). Currently, more than 400 wastes are listed.
• "Characteristic wastes." If solid waste does not appear on one of the hazardous waste lists, it still might be considered hazardous if it demonstrates one or more of the following characteristics:
  • It catches fire under certain conditions.  Examples are paints and certain degreasers and solvents.
  • It corrodes metals or has a very high or low pH.  Examples are acid or alkaline cleaning baths, and battery acid.
  • It is unstable and explodes or produces toxic fumes, gases, and vapors when mixed with water or under other conditions such as heat or pressure.  Examples are certain cyanides or sulfide-bearing wastes.
  • It is harmful or fatal when ingested or absorbed, or it leaches toxic chemicals into the soil or ground water when disposed of on land.  Examples are wastes that contain high concentrations of heavy metals, such as certain industrial sludges.

Medical Waste

Medical waste is defined in state environmental regulations and in state and federal department of transportation regulations. 

Under federal DOT regulations, the term “regulated medical waste” means a waste or reusable material known to contain or suspected of containing an infectious substance and generated in the diagnosis, treatment, or immunization of human beings or animals; research on the diagnosis, treatment or immunization of human beings or animals; or the production or testing.

Under Michigan regulations, medical waste includes any of the following that are not generated from a household, a farm operation or other agricultural business, a home for the aged, or a home health care agency:

• Cultures and stocks of infectious agents and associated biologicals, including laboratory waste, biological production wastes, discarded live and attenuated vaccines, culture dishes, and related devices.
• Liquid human and animal waste, including blood and blood products and body fluids, but not including urine or materials stained with blood or body fluids.
• Pathological waste.
• Sharps.
• Contaminated wastes from animals that have been exposed to agents infectious to humans, these being primarily research animals.

Of the various rules that apply to medical waste, the federal Department of Transportation (DOT) and Michigan Department of Environmental Quality (DEQ) rules have particular importance with regard to importing municipal solid waste into the U.S.; if the imported waste meets the DOT definition of regulated medical waste (RMW), then various rules for transporting it apply (49 CFR 173.197).  However, a material that previously contained an infectious substance that has been treated by steam sterilization, chemical disinfection, or other appropriate method, so it no longer meets the definition of an infectious substance is exempt from the DOT rules. 

The applicable Michigan state regulations are found in the Medical Waste Regulatory Act (MWRA) and the Natural Resources and Environmental Protection Act, 1994 PA 451 Part 115 (Part 115).  The MWRA provides regulations for the handling, storage, treatment, and disposal of medical waste.  Part 115 was amended by PA 34 in 2004 to prohibit a person from delivering medical waste to a landfill for disposal.

Low-Level Radioactive Waste

All municipal solid waste trucks, passenger cars, and other cargo trucks pass through radiation portals as they cross the border.  These portals are capable of detecting both gamma and neutron radiation sources.  The ports also have gamma x-ray units that CBP officers use to further inspect the trucks.  Municipal solid waste trucks carrying LLRW materials are refused entry into the U.S.

Low-level radioactive waste (LLRW) includes all tools, instruments, pipes, syringes, paper, water, soils and protective clothing such as gloves contaminated with radioactive materials can be considered low-level radioactive waste. Definitions vary by state; nationwide, the most common is any radioactive waste less than 100 nanocuries per gram of transuranics.  Most low-level radioactive waste is from nuclear power plants.  However, other activities, such as research laboratories, hospitals and other medical facilities also produce low-level radioactive waste.

The applicable Michigan state regulations are found in the Natural Resources and Environmental Protection Act, 1994 PA 451 Part 115 (Part 115). Part 115 was amended by PA 34 in 2004 to prohibit a person from deliveringlow-level radioactive wasteto a landfill for disposal. The Michigan definition of low-level radioactive waste is found in Act 204 of 1987, which references 10 CFR 61.55.

Other Wastes Restricted by the State of Michigan

The primary Michigan law governing solid waste management is the Natural Resources and Environmental Protection Act, 1994 PA 451 Part 115 (Part 115).  This comprehensive law covers various aspects of solid waste management including:

• definitions
• municipal solid waste management program certification procedures
• landfill construction permits and licensing
• inspections
• planning agency procedures

Section 11514 of Part 115 was amended by PA 34 in 2004 to prohibit a person from delivering to a landfill for disposal, and a landfill owner or operator, from permitting the disposal in a landfill, of any of the following:

• Medical waste, unless that medical waste has been decontaminated or is not required to be decontaminated but is packaged in the manner required under applicable regulations.
• More than a de minimis amount of open, empty, or otherwise used beverage containers.
• More than a de minimis number of whole motor vehicle tires.
• Used oil.
• A lead acid battery.
• Low-level radioactive waste.
• Hazardous waste that is required to be disposed of in a hazardous waste treatment, storage, or disposal facility.
• More than a de minimis amount of yard clippings, unless they are diseased or infested.
• Liquid waste.
• Sewage.
• Polychlorinated Biphenyls (PCBs).
• Asbestos waste unless the landfill complies with federal regulations.