Mich. Admin. Code R. 299.4118a - Petitions to classify wastes
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.
Notes
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