Mich. Admin. Code R. 299.9209 - Criteria and procedure for listing hazardous wastes
Rule 209.
(1) The
director shall list a waste as a hazardous waste in this part upon finding that
the administrator has listed the waste as hazardous based on the criteria
contained in the provisions of 40 C.F.R.-261.11.
(2) The director shall evaluate a waste for
listing as a hazardous waste in this part, in addition to the wastes listed by
the administrator in the provisions of 40 C.F.R. part 261, subpart D, upon
determining that the waste meets any of the following criteria:
(a) The waste meets a characteristic
identified in R 299.9208.
(b) The
waste, or a material that could be a constituent of the waste, is hazardous
pursuant to the provisions of section 3 of part 111 of the act, but is not
currently listed in this part.
(3) If information becomes available that
indicates that a waste, or a material that may be a component of wastes, might
meet any of the criteria of subrule (2) of this rule, then the director shall
do the following:
(a) Evaluate the
characteristics of the waste or material to verify its hazards.
(b) If the waste is determined to have
hazardous characteristics, initiate rule change procedures as outlined in act
306 that will lead to the listing of the waste as hazardous. In addition, the
director shall request the governor to petition the administrator to add the
waste to the listings in the provisions of 40 C.F.R. part 261 pursuant to the
authority of section 3001(c) of RCRA.
(4) As additional wastes are determined to be
hazardous by the administrator and listed in the provisions of 40 C.F.R. part
261, the director shall initiate rule change procedures as outlined in act 306
to incorporate the wastes into these rules.
(5) The basis for listing the classes or
types of waste specified in this part shall be designated by 1 or more of the
following hazard codes:
(a) For ignitable
waste, (I).
(b) For corrosive
waste, (C).
(c) For reactive waste,
(R).
(d) For toxicity
characteristic waste, (E).
(e) For
acute hazardous waste, (H).
(f) For
toxic waste, (T).
(6)
The constituents that were the basis for listing the waste as toxicity
characteristic waste (E) or toxic waste (T) in R 299.9220 and R 299.9222 are
identified in the provisions of 40 C.F.R. part 261, appendix VII.
Notes
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