Mich. Admin. Code R. 299.9211 - Petitions to exclude waste produced at particular facility
Rule 211.
(1) Any
person seeking to exclude a waste at a particular generating facility from the
lists in this part shall do the following:
(a)
If the waste is listed in the provisions of 40 C.F.R. part 261, subpart D,
contains a waste listed in subpart D, or is derived from a waste listed in
subpart D and does not meet the criteria of paragraph (c) of this subrule,
petition the administrator, under the provisions of 40 C.F.R.
§§260.20 and 260.22, to exclude the waste at the particular
generating facility from the lists. If the petition is granted by the
administrator, the director shall do both of the following:
(i) Within 60 days of the redesignation by
the administrator, request any information necessary to evaluate the
petition.
(ii) Within 180 days of
receiving all information necessary to evaluate the petition, redesignate the
waste and impose any conditions on the redesignation necessary to protect human
health and the environment.
(b) If the waste is listed in this part, but
not listed in the provisions of 40 C.F.R. part 261, subpart D, petition the
director to exclude the waste at the particular generating facility from the
lists in the part. The petition shall include that information specified by the
provisions of 40 C.F.R. §260.22(i) and shall demonstrate that either the
waste does not contain hazardous constituents or that the waste does contain
hazardous constituents, but is not capable of posing a substantial present or
potential hazard to human health or the environment when improperly treated,
stored, transported, disposed of, or otherwise managed, considering the factors
listed in the provisions of 40 C.F.R. § 261.11(a)(3). After receiving a
petition for an exclusion, the director shall do both of the following:
(i) Within 60 days of receiving a petition
for an exclusion, request any information necessary to evaluate the
petition.
(ii) Within 180 days of
receiving all information necessary to evaluate the petition, either approve
the petition with any conditions necessary to protect human health and the
environment or deny the petition.
(c) If the waste is treated, stored, or
disposed of as part of closure or partial closure of a treatment, storage, or
disposal facility or if the waste is contaminated soil deemed hazardous under R
299.9203(1) or R 299.9214 due to its mixture with a hazardous waste, petition
the director to exclude the waste at the particular facility from regulation
under these rules. The petition shall contain that information specified in 40
C.F.R. §§260.20(b) and 260.22. After receiving a complete petition
under subrule (3) of this rule, the director shall do all of the following:
(i) Make a tentative decision to grant or
deny the petition based on the criteria specified in 40 C.F.R.
§260.22.
(ii) Public notice
the tentative decision and provide 30 days for public comment.
(iii) After evaluating all public comments,
make a final decision on the petition. The director shall grant the petition if
the criteria specified in 40 C.F.R. §260.22 are met.
(2) Noncompliance with any
conditions imposed under subrule (1) of this rule or any change of
constituents, physical state, conditions of the generating process, or other
variation which would increase the hazardous characteristics of the waste is a
basis for the director to amend or revoke the delisting under act
306.
(3) Wastes for which petitions
are under consideration shall be managed as required by these rules until such
time that a redesignation is granted.
(4) The provisions of 40 C.F.R.
§§260.20, 260.22, 260.31, and 261.11(a)(3) are adopted by reference
in R 299.11003, with the exception that the word "director" shall replace the
word "administrator."
Notes
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