Mich. Admin. Code R. 299.9229 - Petitions to amend list of universal wastes
Rule 229.
(1) A
person who seeks to add a hazardous waste or a category of hazardous waste to
the list of universal wastes in R 299.9228 may petition the department for a
regulatory amendment under this rule and 40 C.F.R. §260.20.
(2) A petition filed pursuant this rule shall
include all of the following:
(a) A
demonstration that regulation under the provisions of R 299.9228 is appropriate
for the waste or category of waste.
(b) A demonstration that regulation under the
provisions of R 299.9228 will improve the management practices for the waste or
category of waste.
(c) A
demonstration that regulation under the provisions of R 299.9228 will improve
implementation of the hazardous waste management program.
(d) The information listed in 40 C.F.R.
§260.20(b).
(e) Information
addressing the following factors as appropriate for the waste or category of
waste:
(i) Whether the waste or category of
waste, as generated by a wide variety of generators, is listed pursuant to the
provisions of R 299.9213 or R 299.9214 or, if not listed, what proportion of
the hazardous waste stream exhibits 1 or more of the hazardous characteristics
identified in R 299.9212. If a characteristic hazardous waste is added to the
list of universal wastes in R 299.9228 using a generic name to identify the
waste category, then the definition of the universal waste shall include only
the hazardous waste portion of the waste category. Only the portion of the
waste stream that exhibits 1 or more hazardous characteristics is subject to
the universal waste requirements of R 299.9228.
(ii) Whether the waste or category of waste
is commonly generated by a wide variety of establishments or whether it is
exclusive to a specific industry or group of industries.
(iii) Whether the waste or category of waste
is generated by a large number of generators and is frequently generated in
relatively small quantities by each generator.
(iv) Whether systems to be used for
collecting the waste or category of waste would ensure close stewardship of the
waste.
(v) Whether the risk posed
by the waste or category of waste during accumulation and transport is
relatively low compared to other hazardous wastes and whether specific
management standards proposed or referenced by the petitioner would be
protective of human health and the environment during the accumulation and
transport.
(vi) Whether regulation
of the waste or category of waste under R 299.9228 will increase the likelihood
that the waste will be diverted from nonhazardous waste management systems to
recycling, treatment, or disposal in compliance with subtitle C of
RCRA.
(vii) Whether regulation of
the waste or category of waste under R 299.9228 will improve implementation of,
and compliance with, the hazardous waste management program.
(viii) Other factors as may be
appropriate.
(3) The department will evaluate and grant or
deny a petition filed pursuant to this rule using the factors listed in subrule
(2) of this rule. The department may require additional information as
necessary to evaluate the merits of the petition. The decision to grant or deny
a petition will be based on the weight of evidence showing that regulation
under R 299.9228 is appropriate for the waste or category of waste, will
improve management practices for the waste or category of waste, and will
improve implementation of the hazardous waste management program.
(4) The provisions of 40 C.F.R. §260.20
are adopted by reference IN R 299.11003.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.