Section 128-6-003 - Petition to amend Chapter 3 to exclude a waste at a particular generating facility003.01 Any person seeking to exclude a waste at a particular generating facility from Chapter 3, 011 through 016 may petition for a regulatory amendment under Section 001.01 of this Chapter. To be successful: 003.01A The petitioner must demonstrate to the satisfaction of the Council that the waste produced by a particular generating facility does not meet any of the criteria under which the waste was listed as a hazardous or an acutely hazardous waste; and003.01B The procedures in this Chapter may also be used to petition the Council for a regulatory amendment to exclude a waste which is described in these Sections and is either a waste listed in Chapter 3, 011 through 016, or is derived from a waste listed in Chapter 3, 011 through 016. This exclusion may only be issued for a particular generating, storage, treatment, or disposal facility. The petitioner must make the same demonstration as required by 003.01A of this section. Where the waste is a mixture of solid waste and one or more listed hazardous wastes or is derived from one or more hazardous wastes, the demonstration must be made with respect to the waste mixture as a whole; analyses must be conducted for not only those constituents for which the listed waste contained in the mixture was listed as hazardous, but also for factors (including additional constituents) that could cause the waste mixture to be a hazardous waste. A waste which is also excluded may still be a hazardous waste by operation of Chapter 3, 007 through 010.003.02 If the waste is listed with codes "I", "C", "R", or "E" in Chapter 3, 013 through 016:003.02A The petitioner must show that the waste does not exhibit the relevant characteristic for which the waste was listed as defined in Chapter 3, 007 through 010, using any applicable methods prescribed therein. The petitioner also must show that the waste does not exhibit any of the other characteristics defined in Chapter 3, 007 through 010, using any applicable methods prescribed therein.003.02B Based on a complete application the Council must determine where it has a reasonable basis to believe that factors (including additional constituents) other than those for which the waste was listed could cause the waste to be hazardous waste, that such factors do not warrant retaining the waste as a hazardous waste. A waste which is so excluded, however, still may be a hazardous waste by operation of Chapter 3, 005 through 010.003.03 If the waste is listed with code "T" in Chapter 3, 013 through 016003.03A The petitioner must demonstrate that the waste: 003.03A1 Does not contain the constituent or constituents as defined in Appendix II that caused the Council to list the waste, using the appropriate test methods prescribed in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods", EPA Publication SW-846, which is referenced in 40 CFR 260.11, as incorporated by reference in Chapter 1, 003; or003.03A2 Although containing one or more of the hazardous constituents as defined in Appendix II that caused the Council to list the waste, does not meet the criterion of Chapter 3, 002.03 when considering the factors used by the Council in Chapter 3, 002.03A through 002.03K under which the waste was listed as hazardous.003.03B Based on a complete application, the Council must determine, where it has a reasonable basis to believe that factors (including additional constituents) other than those for which the waste was listed could cause the waste to be a hazardous waste, that such factors do not warrant retaining the waste as a hazardous waste.003.03C The petitioner must demonstrate that the waste does not exhibit any of the characteristics defined in Chapter 3, 007 through 010, using any applicable methods prescribed therein; and003.03D A waste which is so excluded, however, still may be a hazardous waste by operation of Chapter 3, 005 through 010.003.04 If the waste is listed with the code "H" in Chapter 3, 013 through 016: 003.04A The petitioner must demonstrate that the waste does not meet the criterion of Chapter 3, 002.03;003.04B Based on a complete application, the Council must determine, where it has a reasonable basis to believe that additional factors (including additional constituents) other than those for which the waste was listed could cause the waste to be a hazardous waste, that such factors do not warrant retaining the waste as a hazardous waste;003.04C The petitioner must demonstrate that the waste does not exhibit any of the characteristics defined in Chapter 3, 007 through 010, using any applicable methods prescribed therein; and003.04D A waste which is so excluded, however, still may be a hazardous waste by operation of Chapter 3, 005 through 010.128 Neb. Admin. Code, ch. 6, § 003