Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Hazardous Waste Management › Part 2 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Section R. 299.9229 - Petitions to amend list of universal wastes

Current through Vol. 24-12, July 15, 2024
Rule 229.
(1) A
				  person who 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 C.F.R. §260.20.
(2) A petition filed pursuant this rule shall
				  include all of the following:
(a) A
				  demonstration that regulation under the provisions of 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 C.F.R.
				  §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 shall 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 whether it 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 would be
				  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.
(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.