Petition to Classify a Waste as Nonhazardous

(1) Any person seeking to exclude a waste, which is designated by an EPA Hazardous Waste Number at a particular generating facility from the lists in 310 CMR 30.131 through 30.136 may petition the EPA Administrator for a regulatoryamendment. To be successful, the petitioner shall comply with 40 CFR §§ 260.20(b) through (e) and 260.22 which are hereby incorporated by reference, with respect to delisting petitions only, with the following additions, modifications and exceptions: (a) 40 CFR 260.20(b) is hereby modified to read as follows: "Each petition shall be submitted to the Administrator by certified mail, with a copy of the petition sent to the Department either by certified mail or hand delivery, and shall include:"; (b) All references to federal citations within 40 CFR 260.22 are substituted with the analogous state regulation as follows: 1. "§ 261.3(a)(2)(ii) or (c)" is hereby replaced with "310 CMR 30.102(2)(a) or (d)"; 2. "subpart D" is hereby replaced with "310 CMR 30.131 through 30.136" 3. "paragraph (a) of this section" is hereby replaced with "310 CMR 30.142(1)"; 4. "subpart C of part 261" is hereby replaced with "310 CMR 30.120 through 30.125"; 5. “§ 261.21, § 261.22, § 261.23, or § 261.24" are hereby replaced with "310 CMR 30.122, 30.123, 30.124, or 30.125"; 6. "Appendix VII of part 261 of this chapter" is hereby replaced with "Appendix VII of part 261 as adopted at 310 CMR 30.162"; 7. "260.11" is hereby replaced with "310 CMR 30.012"; 8. "§ 261.11(a)(3)" is hereby replaced with "310 CMR 30.112(1)(c)"; 9. "§ 261.11(a)(3)(i) through (xi)" is hereby replaced with "310 CMR 30.112(1)(c)1. through 11."; and 10. "261.11(a)(2)" is hereby replaced with "310 CMR 30.112(1)(b)". (2) A waste which is excluded by the EPA pursuant to 310 CMR 30.142(1) is still a hazardous waste subject to 310 CMR 30.000 if: (a) the Department has accepted the EPA exclusion decision with a modification to impose additional, more stringent requirements; or (b) the Department has prohibited the EPA exclusion decision from taking effect within the Commonwealth of Massachusetts. (3) Any person seeking to exclude a waste which is designated by a Massachusetts Hazardous Waste Number at a particular generating facility from the lists in 310 CMR 30.131 through 30.136 may petition the Department for a waiver. To be successful, the petitioner shall comply with 310 CMR 30.142(3)(a) through (c). (a) Each petition shall be submitted to the Department by certified mail or by hand delivery and shall include the following: 1. The petitioner's name and address; 2. A description of the waste or wastes for which the determination is requested pursuant to 310 CMR 30.142(3); 3. Any relevant data, studies, or other information; 4. The certification required by 310 CMR 30.009; and 5. The petitioner's signature. (b) After receipt of any such petition, the Department may request any additional information which it may reasonably require to evaluate the petition. (c) The determination of the Department shall apply only to the particular waste generated at the individual plant covered by the petition.