40 CFR § 260.20 - General.
(a) Any person may petition the Administrator to modify or revoke any provision in parts 260 through 266, 268 and 273 of this chapter. This section sets forth general requirements which apply to all such petitions. Section 260.21 sets forth additional requirements for petitions to add a testing or analytical method to part 261, 264 or 265 of this chapter. Section 260.22 sets forth additional requirements for petitions to exclude a waste or waste-derived material at a particular facility from § 261.3 of this chapter or the lists of hazardous wastes in subpart D of part 261 of this chapter. Section 260.23 sets forth additional requirements for petitions to amend part 273 of this chapter to include additional hazardous wastes or categories of hazardous waste as universal waste.
(b) Each petition must be submitted to the Administrator by certified mail and must include:
(1) The petitioner's name and address;
(2) A statement of the petitioner's interest in the proposed action;
(3) A description of the proposed action, including (where appropriate) suggested regulatory language; and
(4) A statement of the need and justification for the proposed action, including any supporting tests, studies, or other information.
(c) The Administrator will make a tentative decision to grant or deny a petition and will publish notice of such tentative decision, either in the form of an advanced notice of proposed rulemaking, a proposed rule, or a tentative determination to deny the petition, in the Federal Register for written public comment.
(d) Upon the written request of any interested person, the Administrator may, at his discretion, hold an informal public hearing to consider oral comments on the tentative decision. A person requesting a hearing must state the issues to be raised and explain why written comments would not suffice to communicate the person's views. The Administrator may in any case decide on his own motion to hold an informal public hearing.
(e) After evaluating all public comments the Administrator will make a final decision by publishing in the Federal Register a regulatory amendment or a denial of the petition.
The following state regulations pages link to this page.
- Haw. Code R. §11-260.1-5 - §11-260.1-5 - Amendments to the incorporation of 40 C.F.R. part 260, subpart C.
- Haw. Code R. §11-262.1-3 - §11-262.1-3 - Amendments to the incorporation of 40 C.F.R. part 262, subpart A.
- IL Admin. Code 35.721.APPENDIX I - Section 721.APPENDIX I - Wastes Excluded by Administrative Action
- 329 Ind. Admin. Code 3.1-5-2 - 329 IAC 3.1-5-2 - Petitions for delisting; petitions for equivalent testing or analytical methods
- Kan. Admin. Regs. § 28-31-100 - 28-31-100 - Substitution of state terms for federal terms; internal references to federal regulations
- Kan. Admin. Regs. § 28-31-260 - 28-31-260 - General provisions and definitions; adoption and modification of federal regulations
- 10 CSR 25-3.260 - 10 CSR 25-3.260 - Definitions, Modifications to Incorporations and Confidential Business Information
- Mont. Admin. R. 17.53.502 - 17.53.502 - EXCEPTIONS AND ADDITIONS TO ADOPTION OF FEDERAL STANDARDS FOR IDENTIFICATION AND LISTING OF HAZARDOUS WASTE
- N.H. Code Admin. R. Env-Hw 401.05 - Env-Hw 401.05 - Petitions for Equivalent Testing or Analytical Methods
- Ohio Admin. Code 3745-279-55 - 3745-279-55 - Analysis plan at used oil processing and re-refining facilities.
- OR Admin. Rule 340-100-0022 - 340-100-0022 - Petitions to Amend Division 101 to Exclude a Waste Produced at a Particular Facility
- 25 Pa. Code § 261a.39 - § 261a.39 - Conditional exclusion for used, broken cathode ray tubes (CRTS) and processed CRT glass undergoing recycling.
- 250-RICR-140-10-1 - Part 1 - Rules and Regulations for Hazardous Waste Management (250-RICR-140-10-1)
- Utah Admin. Code R315-268-44 - R315-268-44 - Land Disposal Restrictions -- Variance From a Treatment Standard.
- Wis. Admin. Code NR Sec. 660.22 - NR 660.22 - Petitions to amend ch. NR 661 to exclude a waste produced at a particular facility