§ 66260.22. Petitions to Include Other Wastes Under Chapter 23.

(a) Any person seeking to add a hazardous waste or a category of hazardous waste to the universal waste regulations contained in chapter 23 of this division shall petition for a regulatory amendment under this section and Government Code section 11340.6.

(b) To be successful, the petitioner shall demonstrate to the satisfaction of the Director that regulation under the Universal Waste Rule contained in chapter 23 of this division:

(1) is appropriate for the waste or category of waste;

(2) will improve management practices for the waste or category of waste; and

(3) will improve implementation of the hazardous waste program.

(c) The petition shall include the information, in writing, required by Government Code section 11340.6.

(d) The petition shall address as many of the factors listed in section 66260.23 as are appropriate for the waste or waste category addressed in the petition.

(e) The Director will evaluate and grant or deny petitions using the factors listed in section 66260.23 and the petition review process specified in Government Code section 11340.7. The decision will be based on the weight of evidence showing that regulation under chapter 23 of this division 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 program.

HISTORY

1. New section filed 2-3-2003; operative 2-3-2003 (Register 2003, No. 6).

2. Amendment of subsection (a) and amendment of Note filed 2-13-2003; operative 3-15-2003 (Register 2003, No. 7).

Note

Note: Authority cited: Sections 25159 and 58012, Health and Safety Code. Reference: Section 25159.5, Health and Safety Code; and 40 CFR Section 273.80.