DEPARTMENT OF ENVIROMENTAL QUALITY

                    BUREAU OF ENVIRONMENTAL PROTECTION

                         POLYCHLORINATED BIPHENYLS


(By authority conferred on the  director  of  the  department  of  natural
resources by section 2 of Act No. 60 of the Public  Acts  of  1976,  being
S299.352 of the Michigan Compiled Laws)


R  299.3301   Definitions.
  Rule 1. As used in these rules:
  (a) "Act" means Act No. 60 of the Public Acts of 1976, being S299.351 et
seq. of the Michigan Compiled Laws.
  (b) "Closed system" means electrical capacitors and transformers.
  (c) "Combustible material" means a  substance  for  which  there  is  an
incineration method available which destroys the PCB.
  (d) "Department" means the department of natural resources.
  (e)  "Director"  means  the  director  of  the  department  of   natural
resources.
  (f) "Disposal" means the abandoning, depositing, or otherwise discarding
of PCB, a PCB product or a PCB-contaminated material.
  (g) "Drain" means to remove, rinse out, or  otherwise  separate  liquids
from the  solid  materials  in  which  they  are  contained,  encased,  or
enclosed.
  (h) "Incidental concentrations of PCB" means concentrations of PCB which
are beyond the control of the person and which are not the result  of  the
person: exposing an item, product, or material to concentrations  of  PCB;
failing to take reasonable measures to rid the item, product, or  material
of concentrations of PCB; or failing to use a  reasonable  substitute  for
the item, product, or material.
  (i) "PCB" means the class of  chlorinated  biphenyl,  terphenyl,  higher
polyphenyl, or mixtures of these compounds produced by replacing 2 or more
hydrogen atoms on the biphenyl, terphenyl, or higher  polyphenyl  molecule
with  chlorine  atoms.  PCB  shall  not  include  chlorinated   biphenyls,
terphenyls, higher polyphenyls, or mixtures of these compounds  that  have
functional groups attached other than  chlorine,  unless  that  functional
group on the chlorinated biphenyls,  terphenyls,  higher  polyphenyls,  or
mixtures thereof results in a compound which is determined to be dangerous
to the public health, safety, and welfare under section 5 of the act.
  (j)  "PCB-contaminated  material"  means  either  a  PCB-product,  or  a
material containing any concentration of PCB if that  PCB  resulting  from
the disposal of PCB, or a PCB-product via  any  method  other  than  those
specifically approved in these rules.
  (k) "PCB product" means  a  product,  item,  or  material  containing  a
concentration of PCB equal to or  greater  than  100  ppm  or  such  lower
concentration as may arise pursuant to section 3(4)(a) and (b) of the act.
  (l) "Person" means an individual,  firm,  partnership,  association,  or
corporation.
  (m) "Ppm" means concentration in parts per  million  as  milligrams  per
kilogram (mg/kg) and is calculated  as  follows:  if  PCB  is  distributed
throughout a product, item, or  material,  the  concentration  of  PCB  is
determined on the basis of mg of PCB per kg of the mass in which  the  PCB
is distributed; if PCB is a constituent of only a portion  of  a  product,
item, or material, the concentration of PCB is determined on the basis  of
mg of PCB per kg of only that portion of the product, item, or material in
which the PCB is a constituent. For example, if PCB is a constituent of  a
dielectric fluid which is in a  capacitor  in  a  locomotive  engine,  the
concentration of PCB would be determined on the basis of mg of PCB per  kg
of dielectric fluid.
  (n) "Sell for use" or "sale for use" means the sale  of  PCB  or  a  PCB
product to the ultimate buyer or consumer who will  use  the  PCB  or  PCB
product for the purpose for which it was designed and manufactured.  "Sell
for use" does not include sales to intermediates or  others  who  sell  to
persons who resell the PCB or PCB product without using it for the purpose
for which it was designed and manufactured.
  (o) "Small capacitor" means an electrical capacitor containing less than
3 pounds of total PCB.
  (p) "Small transformer" means an electrical transformer containing  less
than 3 pounds of total PCB.
  (q) "Use" means to put into action or service; to avail oneself  of;  to
carry out a purpose or action by means of, or to utilize; or to expend  or
consume by putting to use. PCB  use  includes  both  consumptive  uses  in
manufacturing  or  other  processes,  as  well  as   nonconsumptive   uses
adjunctive to manufacturing  or  other  processes,  such  as  the  use  of
dielectric fluids in capacitors and transformers.

  History:  1979 AC.


R  299.3302   Compliance with other acts, statutes, and rules.
  Rule 2. Compliance with these rules shall not relieve a person  of  that
person's responsibility to conform to other  Michigan  and  federal  acts,
statutes, and promulgated rules which may apply to PCB, including, but not
limited to:
  (a) Act No. 87 of the Public Acts of 1965, as amended, being S325.291 et
seq. of the Michigan Compiled Laws.
  (b) Act No. 348 of the Public Acts of 1965, as amended, being S336.11 et
seq. of the Michigan Compiled Laws.
  (c) Act No. 136 of the Public Acts of 1969, being  S323.271  et  seq. of
the Michigan Compiled Laws.
  (d) Act No. 245 of the Public Acts of 1929, as amended, being S323.1  et
seq. of the Michigan Compiled Laws.
  (e) Act No. 154 of the Public Acts of 1974, as amended, being  S408.1001
et seq. of the Michigan Compiled Laws.

  History:  1979 AC.


R  299.3303   Confidentiality of information.
  Rule 3. If a record, exemption application, or other document  furnished
to the department under  requirements  of  these  rules  is  certified  to
contain information related to production, sales figures, or to  processes
which are unique to the  person  and  which  would  adversely  affect  the
competitive position of the  person,  then  that  information,  under  the
authority of section 22 of Act No. 306 of the Public Acts of  1969,  being
S24.222 of the Michigan Compiled Laws, shall be for the  confidential  use
of the department only in administration of the  act,  unless  the  person
expressly agrees to its publication or availability to the general public.
Nothing in this rule renders data on the quantity or quality of  emissions
or discharges confidential.

  History:  1979 AC.


R  299.3304   Small capacitor and transformer exemption.
  Rule 4. The use or sale of small capacitors and small  transformers,  or
items and products containing small capacitors or  transformers,  in  this
state shall be exempt from these rules. The director shall issue voluntary
guidelines  for  the  handling  and  disposal  of  small  capacitors   and
transformers.

  History:  1979 AC.


R  299.3305   Research exclusion.
  Rule 5. PCB  or  PCB  products  may  be  used  in  scientific  research,
analytical testing,  or  experimentation  if  approval  for  each  use  is
obtained in writing from the director or  his  designated  representative.
The director or his designated representative may waive specific  portions
of these rules for such uses, and may require other provisions to  protect
the public health, safety, and welfare.

  History:  1979 AC.


R  299.3306   Electric capacitor and transformer exclusion.
  Rule 6. (1) PCB or a PCB product may be sold for use and  used  in  this
state in a closed system as a dielectric fluid for an electric transformer
or capacitor.
  (2) A person using PCB or a PCB product  in  an  electric  capacitor  or
transformer, except for small capacitors and  transformers  or  items  and
products  containing  small  capacitors  or  transformers  exempted  under
R 299.3304, shall do both of the following:
  (a) Comply with all rules promulgated pursuant to the act.
  (b) Prepare a pollution incident prevention plan (PIPP) as  required  by
part 5 of the general rules  of  the  water  resources  commission,  being
R 323.1151 to R 323.1169 of the Michigan  Administrative  Code,  detailing
methods  for  the  siting,  handling,  and  disposing  of  capacitors  and
transformers containing PCB dielectric fluid so that  the  public  health,
safety, and welfare is insured. The plan shall also include  a  method  of
identifying PCB-containing capacitors and transformers so that they can be
readily recognized and differentiated  from  capacitors  and  transformers
which do not contain a PCB dielectric fluid.

  History:  1979 AC.


R  299.3307   Exemption applications.
  Rule 7. (1) A person may file an application for exemption under section
4 of the act to allow a PCB product to be manufactured for sale, sold  for
use, or used by the person in that person's business in this state if  the
PCB product contains incidental concentrations  of  PCB.  The  application
shall be on forms provided  by  the  director  and  shall  set  forth  the
following information:
  (a) Name, location, and nature of the enterprise or operation.
  (b) Name of the PCB product.
  (c) Concentration of PCB in the PCB product.
  (d) Proposed use and quantities of the PCB product.
  (e) Source of PCB contamination, if known.
  (f) Measures to rid the PCB product of concentrations of PCB.
  (g) List of available PCB-free substitutes for the PCB product for which
the exemption is being sought.
  (2) A person may file an application for exemption under  section  4  of
the act for continued use of an electric transformer  containing  residual
amounts of PCB if the transformer has had  the  PCB  drained  and  if  the
transformer has been filled with a substitute  material.  The  application
shall be on forms provided  by  the  director  and  shall  set  forth  the
following information:
  (a) The number, size, and location of the  transformer  or  transformers
for which an exemption is sought.
  (b) Measures taken to rid the transformer of  residual  amounts  of  PCB
prior to refilling.
  (c)  Method  and  location  of  disposal  for  the   drained   PCB   and
PCB-contaminated materials resulting from replacement.
  (d) Name and manufacturer of substitute fluid used.
  (e) Concentration in ppm of PCB remaining in the substitute  transformer
fluid.
  (3) Transformers or PCB products exempted  under  this  rule  but  still
containing residual or incidental concentrations of PCB exceeding 100  ppm
or such lower maximum concentrations as  may  arise  pursuant  to  section
3(4)(a) and (b) of the act are exempt  from  R  299.3308,  R  299.3309,  R
299.3311,  and  R  299.3312,  but  are  not  exempt  from   the   labeling
requirements of R 299.3310 or from the disposal requirements of R 299.3313
to R 299.3317.

  History:  1979 AC.


R  299.3308   Notice of intent to use.
  Rule 8. (1) A notice of intent to use PCB or a PCB product in a business
in this state shall be filed on forms provided by the director  and  shall
set forth the following information:
  (a) Name, location, and nature of the enterprise or operation.
  (b) Nature of the use of the PCB or PCB product.
  (c) Physical state, product name, and other characteristics of  the  PCB
or PCB product.
  (d) Concentration of PCB in the PCB product.
  (e) Anticipated or known length of period of  use  of  the  PCB  or  PCB
product.
  (f) Proposed final disposal methods for the PCB or PCB product.
  (g) Discharges to air, land, or water containing PCB and  quantities  of
PCB discharged.
  (2) Notices of intent to use shall be filed on or before April 1,  1977,
for uses implemented as of the effective date of these rules, or shall  be
filed before a new or modified application is implemented  or  both.  Only
modified applications which increase  the  environmental  risks  attendant
with the use of the PCB or PCB product shall necessitate the filing  of  a
new intent of use notice. A notice of intent to use  need  only  be  filed
once for each general application or use category.

  History:  1979 AC.


R  299.3309   Annual report of use.
  Rule 9. (1) Annual reports of PCB or PCB product use in  a  business  in
this state shall be filed on forms provided by the director, shall include
PCB in use, in inventory, and new purchases during the  reporting  period,
and shall set forth the following information:
  (a) Name, location, and nature of the enterprise or operation.
  (b) The amount and physical state of the PCB or PCB product in  use  and
in inventory.
  (c) Nature of the use of the PCB or PCB product.
  (d) Concentration of PCB in the PCB product.
  (e) Disposal information as specified in R 299.3316.
  (2) The annual report of PCB usage shall be filed on or  before  January
1, 1978, and on or before January 1 of each subsequent year.
  (3) A person filing a report of sale for use or a report of  manufacture
for sale for a general product line, pursuant to  R  299.3312,  shall  not
file a report of use for that same product line.

  History:  1979 AC.


R  299.3310   Labeling  of  items,   products,   or   materials;   warning
  statement.
  Rule 10. (1) PCB or a PCB product which is manufactured for sale or sold
in Michigan on or after April 1, 1977, shall be conspicuously labeled with
the following statement:
  "CAUTION"  Contains   PCB's   (polychlorinated   biphenyls)   that   are
environmental contaminants. In case of leaks or spills, restrain discharge
and consult manufacturer. In  transportation  emergencies,  call  national
response  center  (800-424-8802)  and   Chemtrec   (800-424-9300).   Avoid
prolonged breathing of  vapors  or  mists,  contact  with  eyes  or  skin.
Disposal should be in accordance with ANSI C-107 guidelines or  applicable
state and federal statutes.
  (2) Warnings, hazard statements, and statements of fact in  addition  to
those mandated by subrule  (1)  may  be  included  on  the  label  if  the
manufacturer or seller so desires.

  History:  1979 AC.


R  299.3311   Notice of intent to sell or manufacture.
  Rule 11. (1) Notification of intent to sell for use, or  to  manufacture
for sale, PCB or a PCB product in this  state  shall  be  filed  on  forms
provided by the director, and shall set forth the  following  information:
  (a) Name, location, and nature of the enterprise or operation.
  (b) Nature of manufacturing process for the PCB or PCB product.
  (c) Physical state, product  name,  and  other  characteristics  of  the
PCB-product manufactured.
  (d) Concentration of PCB in the PCB product.
  (e) Anticipated or known length of time that the PCB or PCB product will
be manufactured.
  (f)  PCB,  PCB  product,  and  process  waste  disposal  methods.   This
requirement applies to Michigan manufacturers and sellers only.
  (g) Discharges containing PCB to air, land, or water and the  quantities
of PCB discharged. This requirement applies to Michigan manufacturers  and
sellers only.
  (2) Notice of intent to sell or manufacture for sale shall be  filed  on
or before April 1, 1977, or before a new or modified PCB or PCB product is
sold or manufactured for sale in the state, or both. A  person  need  only
file a new notice of intent to sell or manufacture for sale a modified PCB
or PCB product if any of the following occurs:
  (a) There is an increase in the amount of concentration of PCB contained
in the PCB product.
  (b) The manner in which the PCB is  contained  in  the  PCB  product  is
altered.
  (c) The environmental risks attendant with the manufacture, sale, or use
of the PCB product are increased. A notice of intent to sell for use or to
manufacture for sale need only be filed  once  for  each  general  product
line.
  (3) A person having filed a form  of  intent  to  sell  for  use  or  to
manufacture for sale shall notify the director in writing when that person
no longer intends to sell for use or to manufacture for sale  the  product
for which the person filed the intent form.

  History:  1979 AC.


R  299.3312   Annual report of sale or manufacture.
  Rule 12. (1) Annual reports of the sale for use or manufacture for  sale
in this state of a PCB or PCB product shall be filed on forms supplied  by
the director, and shall set forth the following information:
  (a) Name, location, and nature of the enterprise or operation.
  (b) The amount and types of PCB and PCB products  manufactured  or  sold
for use in Michigan.
  (c) Nature of the manufacturing process or operation  involving  PCB  or
PCB products.
  (d) Final PCB products and their expected or known use.
  (e) PCB concentrations in original material, final products, and wastes.
  (f) Disposal information as specified in R 299.3316.
  (2) Annual reports of the sale for use or manufacture for sale of PCB or
a PCB product shall be filed by January 1, 1978, and by January 1 of  each
subsequent year.
  (3) A person filing a report of sale for use or manufacture for sale for
a general product line shall  not  file  a  report  of  use,  pursuant  to
R 299.3309, for that same product line.

  History:  1979 AC.


R  299.3313   General disposal provisions.
  Rule 13. (1) PCB and PCB-contaminated materials  intended  for  disposal
shall be labeled, packaged,  handled,  transported,  and  disposed  of  in
conformity with these rules,  unless  approval  for  alternative  disposal
methods is obtained  in  writing  from  the  director  or  the  designated
representative of the director.
  (2) An introduction of PCB or PCB-contaminated  materials  into  surface
water, groundwater, or air shall not be considered an approved  method  of
disposal for  that  material.  Introduction  of  PCB  or  PCB-contaminated
materials into soil shall only be permitted if:
  (a) Provisions are made in these rules for specific disposal methods.
  (b) Approval for a specific disposal method is obtained in writing  from
the director or the designated representative of the director.
  (3) Water, soil, or other materials which are  secondarily  contaminated
with PCB from  a  transformer,  or  with  a  PCB  product  exempted  under
R 299.3307, may  be  exempted  from  the  requirements  of  R 299.3313  to
R 299.3317. Application for this exemption shall be made on forms provided
by the director and shall include:
  (a) Physical state, description, and quantity of contaminated materials.
  (b) Concentrations of PCB in the contaminated materials.
  (c) Historical trend of PCB concentrations in the air, water,  soil,  or
other materials.
  (d) Measures taken to prevent entry of PCB into the air, water, soil, or
other materials.
  (e) Measures taken to rid the air, water, soil, or  other  materials  of
PCB.
  (f) If water is secondarily contaminated, identification of the area  to
which it is to be discharged.

  History:  1979 AC.


R  299.3314   Labeling for disposal.
  Rule 14. All containers used to store PCB or PCB-contaminated  materials
prior to disposal, or used for transportation of PCB  or  PCB-contaminated
materials to a disposal site, shall be labeled pursuant to R 299.3310.

  History:  1979 AC.


R  299.3315   Storage,   handling,   and   transportation   of   PCB    or
  PCB-contaminated materials intended for disposal.
  Rule  15.  (1)  All  containers  used  to  store  or  transport  PCB  or
PCB-contaminated materials which are awaiting disposal shall  be  adequate
to prevent PCB from leaving the container through  spillage,  leakage,  or
vaporization.
  (2) PCB and PCB-contaminated materials shall be  transported  in  either
their original  design  housing  or  containers  not  exceeding  55-gallon
capacity, unless approval for an alternative method is obtained in writing
from the director or the designated representative of the director.
  (3) All trucks or other vehicles specifically approved by  the  director
for use as designated bulk PCB-transporting vehicles shall be  permanently
labeled on both sides of the vehicle in letters not  less  than  2  inches
high with the words "DESIGNATED PCB TRANSPORTING VEHICLE."
  (4) Equipment, such as pumps, hoses, and associated equipment, used  for
handling PCB materials shall  not  be  used  for  handling  other  non-PCB
materials unless approval for alternative uses is obtained in writing from
the director or the designated representative of the director.

  History:  1979 AC.


R  299.3316   Reporting on disposal of PCB or PCB-contaminated  materials.
  Rule 16.  (1)  Information  on  disposal  of  PCB  and  PCB-contaminated
materials shall be included in the annual  reports  required  pursuant  to
sections 6 and 7  of  the  act.  The  annual  reports  shall  include  the
quantities,  physical  state,  composition,  PCB  concentration,  carrier,
method of transportation, final disposal site, and disposal method for all
PCB and  PCB-contaminated  materials  disposed  of  during  the  reporting
period, in addition to other information required by sections 6 and  7  of
the act.
  (2) A manifest supplied by the department shall accompany all  shipments
of PCB or PCB-contaminated materials intended for disposal. The originator
of the material shall supply descriptive information  including  quantity,
physical state, composition, and PCB concentration in  the  material.  The
originator, carrier, and person ultimately responsible for disposal of the
material shall sign the manifest, supply the company  name  and  location,
and retain a copy of the manifest. The original copy of the manifest shall
be forwarded to the director within 30 days after all  the  above  parties
have signed it.

  History:  1979 AC.


R  299.3317   Disposal methods.
  Rule 17. (1) PCB-contaminated materials which are combustible  materials
shall be incinerated at a department-approved  facility,  unless  approval
for an alternative method of disposal is  obtained  in  writing  from  the
director or the designated representative of  the  director.  Approval  of
incineration   facilities   for   disposal   of   PCB    or    combustible
PCB-contaminated materials shall be based on criteria established  by  the
director or the designated representative of the director.
  (2) PCB-contaminated materials which are not combustible materials shall
be disposed of at a licensed landfill approved for  PCB  disposal,  unless
approval for an alternative method of disposal is obtained in writing from
the director or  the  designated  representative  of  the  director.  Such
disposal shall be in accordance with the following:
  (a)   Approval   of   landfills   for   disposal    of    noncombustible
PCB-contaminated materials shall be based on criteria established  by  the
director or the designated representative of the director.
  (b) Prior to disposal of noncombustible PCB-contaminated materials in an
approved landfill, all liquid PCB which can reasonably be drained from the
solids shall be so drained and disposed of in conformity with these rules,
unless approval of an  alternative  method  of  disposal  is  obtained  in
writing  from  the  director  or  the  designated  representative  of  the
director.

  History:  1979 AC.


R  299.3318   Penalties.
  Rule 18. A person who violates the act or these rules shall  be  subject
to the provisions and penalties prescribed by section 9 of the act.

  History:  1979 AC.


R  299.3319   Reports on cost of conversion.
  Rule 19. (1) A person subject to regulation under the act  and  actually
converting from PCB to substitute compounds shall file  a  report  on  the
total cost to that  person  of  the  conversion  from  PCB  to  substitute
compounds.  The  annual  conversion  costs  to  be  reported   are   those
incremental changes in costs resulting from the conversion of PCB or a PCB
product that does not satisfy the standards set forth in the act and these
rules to a substitute product that does satisfy the standards set forth in
the act and these rules. These costs, expressed to the nearest thousand of
dollars, include:
  (a) Recurring incremental material costs.
  (b) Recurring incremental  labor  costs  which  arise  from  changes  in
manpower levels, man hours, or skill levels.
  (c) Research and development costs necessary to redesign PCB products or
develop substitutes for PCB.
  (d)  Nonrecurring  costs  of  altering  existing  PCB  or  PCB   product
production equipment.
  (e)  Nonrecurring  costs,  including  financing  costs,  for  additional
equipment, building, land, or other property items  necessary  to  convert
existing PCB or PCB product production facilities.
  (f)  All  other  significant  conversion  costs  of   a   recurring   or
nonrecurring nature.
  (2) Reports on cost of conversion shall be filed on or before January  1
of each year subsequent to the year in which actual  costs  of  conversion
were incurred.

  History:  1979 AC.