R 299.9210 Removal from hazardous waste listings.

Rule 210. (1) A petition may be made to the director for removal from listing in this part of these rules any listed waste or hazardous waste constituent, except those determined by the administrator to be hazardous in the provisions of 40 CFR part 261. The petition must be accompanied by substantiating data and references taken from scientific literature that challenges the validity of the data that led to the waste or waste constituent listing. Data supplied must be reviewed and evaluated by the director. If the petition is granted, rule change procedures, as outlined in act 306, must be initiated for delisting of the waste or constituent. If the petition is not granted, the director shall inform the generator of the reasons why within 180 days after receipt of the petition. (2) Pursuant to the provisions of 40 CFR 260.20 and 260.22, a petition may be made to the EPA to remove from listing those wastes or constituents listed in the provisions of 40 CFR part 261. When wastes are removed from the listing in the provisions of 40 CFR part 261 by the EPA, the director shall initiate rule change procedures, as outlined in section 11128 of the act, MCL 324.11128, to remove those wastes from the listing in R 299.9203.