R 299.9211 Petitions to exclude waste produced at a 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 40 CFR part 261, subpart D, contains a waste listed in 40 CFR part 261, subpart D, or is derived from a waste listed in 40 CFR part 261, subpart D and does not meet the criteria of paragraph (c) of this subrule, petition the administrator, under 40 CFR 260.20 and 260.22, to exclude the waste at a 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 after the redesignation by the administrator, request any information necessary to evaluate the petition. (ii) Within 180 days after 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 CFR part 261, subpart D, petition the director to exclude the waste at the particular generating facility from the lists in the part. The petition must include that information specified by the provisions of CFR 260.22(i) and 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 CFR 261.11(a)(3). After receiving a petition for an exclusion, the director shall do both of the following: (i) Within 60 days after receiving a petition for an exclusion, request any information necessary to evaluate the petition. (ii) Within 180 days after 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 determined 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 must contain that information specified in 40 CFR 260.20(b) and 260.22. After receiving a complete petition under subrule (3) of this rule, the director shall do all the following: (i) Make a tentative decision to grant or deny the petition based on the criteria specified in 40 CFR 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 CFR 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 must be managed as required by these rules until a redesignation is granted. (4) The provisions of 40 CFR 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" replaces the word "administrator."