R 299.4118a Petitions to classify wastes.

Rule 118a. (1) A person may petition the director to designate a material as beneficial use by-product for 1, 2, 4, or 5, inert material, a source separated material, a site separated material, a low hazard industrial waste, another material that could be approved by the department under part 115, nondetrimental or recycled material pursuant to R 299.4111, inert material appropriate for specific reuse pursuant to R 299.4117 or a compostable material pursuant to R 299.4121. (2) A petition to classify a material and its use shall include all of the following information: (a) The name and site address of the facility that generates or uses the material. (b) The facility contact person and phone number. (c) The general description of the material for which the petition is submitted, including all of the following: (i) A description of the process that is used to produce the material, including a schematic diagram of the process and a list of raw materials that are used in the process. (ii) Documentation that the material is not a hazardous waste, as defined in part 111 of the act and the administrative rules promulgated under part 111 of the act. (iii) The proposed use or disposal method for the material. (d) Analytical testing on a representative number of samples consistent with its use. Four samples shall be considered to be the minimum number of samples that must be tested and may increase depending on the variability of the sample results. If a hazardous substance is reported to be present in a sample at concentrations above the classification criteria of these rules, a person may demonstrate that the data are not statistically significant, using 1 of the methods specified in R 299.4908. Sampling shall be done consistent with the requirements contained in the EPA document entitled "Test Methods for the Evaluation of Solid Waste, Physical/Chemical Methods," SW-846 3rd edition, which is adopted by reference in R 299.4133; 1 or more peer-reviewed standards developed by a national or international organization such as ASTM International, 1 or more standards approved by the department or EPA, or any other method approved by the department that more accurately simulates mobility. The samples shall be tested as relevant for the determination for total concentrations, leachable concentrations, or both, of any hazardous substance that the person has knowledge or has reason to believe could be present in the material at a level of concern. (e) Chain of custody. (f) Quality control/quality assurance information from the testing lab. (g) In lieu of submitting information required in subdivisions (d) to (f) of this subrule, a petitioner may demonstrate that a material is a beneficial use by-product by submitting relevant and appropriate documentation for a determination under MCL 324.11553(4). (h) In lieu of submitting information required in subdivisions (d) to (f) of this subrule, a petitioner may demonstrate that a material is an inert material by submitting relevant and appropriate documentation for a determination under MCL 324.11553(6). (i) In lieu of submitting information required in subdivisions (d) to (f) of this subrule, a petitioner may demonstrate that a material is source separated in accordance with MCL 324.11506(6)(k) by submitting relevant and appropriate documentation for a determination under MCL 324.11553(8). (j) In lieu of submitting information required in subdivisions (d) to (f) of this subrule, a petitioner may demonstrate that a material is site separated material by submitting relevant and appropriate documentation consistent with MCL 324.11505(9). (k) In lieu of submitting information required in subdivisions (d) to (f) of this subrule, Petitioner may demonstrate that a material fits a requested classification recognized in another provision of part 115, MCL 324.11501 et seq., which allows for approval by the department by submitting relevant and appropriate documentation consistent with the cited provision.