1. (1) Any person seeking to add a hazardous waste or a category of hazardous waste to this Part may petition for a regulatory amendment under this Subpart and section 370.5(a) and (c) of this Title.
2. (2) To be successful, the petitioner must demonstrate to the satisfaction of the commissioner that regulation under the universal waste regulations of this Subpart: 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. The petition must include the information required by section 370.5(a)(2) of this Title. The petition should also address as many of the factors listed in subdivision (b) of this section as are appropriate for the waste or waste category addressed in the petition.

3. (3) The commissioner will evaluate petitions using the factors listed in subdivision (b) of this section. The commissioner will grant or deny a petition using the factors listed in subdivision (b) of this section. The decision will be based on the weight of evidence showing that regulation under this Subpart 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.

   (b) Factors for petitions to include other wastes under this Subpart.

4. (1) The waste or category of waste, as generated by a wide variety of generators, is listed in section 371.4 of this Title, or (if not listed) a proportion of the waste stream exhibits one or more characteristics of hazardous waste identified in section 371.3 of this Title. (When a characteristic waste is added to the universal waste regulations of this Subpart by using a generic name to identify the waste category [e.g., batteries], the definition of universal waste in sections 370.2[b] and 374-3.1[i] of this Title will be amended to include only the hazardous waste portion of the waste category [e.g., hazardous waste batteries]). Thus, only the portion of the waste stream that does exhibit one or more characteristics (i.e., is hazardous waste) is subject to the universal waste regulations of this Subpart.
5. (2) The waste or category of waste is not exclusive to a specific industry or group of industries, is commonly generated by a wide variety of types of establishments (including, for example, households, retail and commercial businesses, office complexes, conditionally exempt small quantity generators, small businesses, government organizations, as well as large industrial facilities).
6. (3) The waste or category of waste is generated by a large number of generators (e.g., more than 1,000 nationally) and is frequently generated in relatively small quantities by each generator.
7. (4) Systems to be used for collecting the waste or category of waste (including packaging, marking, and labeling practices) would ensure close stewardship of the waste.
8. (5) The risk posed by the waste or category of waste during accumulation and transport is relatively low compared to other hazardous wastes, and specific management standards proposed or referenced by the petitioner (e.g., waste management requirements appropriate to be added to sections 374-3.2[d], 374-3.3[d] and 374-3.4[c] of this Subpart; and/or applicable Department of Transportation requirements) would be protective of human health and the environment during accumulation and transport.
9. (6) Regulation of the waste or category of waste under this Subpart will increase the likelihood that the waste will be diverted from non-hazardous waste management systems (e.g., the municipal waste stream, non-hazardous industrial or commercial waste stream, municipal sewer or stormwater systems) to recycling, treatment, or disposal in compliance with ECL, article 27, title 9.
10. (7) Regulation of the waste or category of waste under this Subpart will improve implementation of and compliance with the hazardous waste regulatory program.
11. (8) Such other factors as may be appropriate.

(a) General.