Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Solid Waste Management › Part 1 - GENERAL PROVISIONS › Section R. 299.4118a - Petitions to classify wastes

Current through Vol. 24-12, July 15, 2024
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.