R 299.9229 Petitions to amend list of universal wastes.

Rule 229. (1) Except as provided for in subrule (4) of this rule, a person that 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 CFR 260.20. (2) A petition filed pursuant this rule must include all the following: (a) A demonstration that regulation under 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 CFR 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 must 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 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 are 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, USC 6921 to 6939g. (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) Hazardous waste pharmaceuticals are regulated by R 299.9824 to R 299.9833 and may not be added as a category of hazardous waste for management under this rule. (5) The provisions of 40 CFR 260.20 are adopted by reference in R 299.11003.