Mich. Admin. Code R. 299.9212 - Characteristics of hazardous waste
Rule 212.
(1) A
waste exhibits the characteristic of ignitability and is identified by the
hazardous waste number D001 if a representative sample of the waste has any of
the following properties:
(a) It is a liquid,
other than an aqueous solution produced by a kraft pulp or paper mill that
contains less than 24% alcohol by volume or an aqueous solution that contains
less than 24% alcohol, by volume, as defined by section
211.117(a)(5)
to (7) of the Internal Revenue Code, 27
U.S.C. § 211.117(a)(5) to (7), including distilled spirits, wine, and malt
beverages, and has a flash point less than 60 degrees Centigrade (140 degrees
Fahrenheit), as determined by any of the following test methods:
(i) A Pensky-Martens closed cup tester using
the test method specified in ASTM standard D93-15a, which is adopted by
reference in
R
299.11001.
(ii) A setaflash closed cup tester using the
test method specified in ASTM standard D3278-96, which is adopted by reference
in
R
299.11001.
(iii) A standard test method for flash point
by continuously closed cup tester using the test method specified in ASTM
standard D6450-12, which is adopted by reference in
R
299.11001.
(iv) An equivalent test method approved by
the director, or his or her designee, pursuant to procedures in
R 299.9215.
(b) It is not a liquid and is capable, under
standard temperature and pressure, of causing fire through friction, absorption
of moisture, or spontaneous chemical changes and, when ignited, burns so
vigorously and persistently that it creates a hazard.
(c) It is an ignitable compressed gas as
defined in
40 C.F.R. §
261.21(a)(3) and meets the
criteria specified therein.
(d) It
is an oxidizer as defined in
49
C.F.R. §
173.127, which is adopted by
reference in
R 299.11004.
(2) A waste exhibits the characteristic of
corrosivity and is identified by the hazardous waste number D002 if a
representative sample of the waste has either of the following properties:
(a) It is aqueous and has a pH less than or
equal to 2 or greater than or equal to 12.5, as determined by a pH meter using
method 9040C in the publication entitled "Test Methods for Evaluating Solid
Waste, Physical/Chemical Methods," which is adopted by reference in
R 299.11005.
(b) It is a liquid and corrodes steel (SAE
1020) at a rate of more than 6.35 mm (0.250 inch) per year at a test
temperature of 55 degrees Centigrade (130 degrees Fahrenheit) as determined by
method 1110A in the publication entitled "Test Methods for Evaluating Solid
Waste, Physical/Chemical Methods," which is adopted by reference in
R 299.11005.
(3) A waste exhibits the characteristic of
reactivity and is identified by the hazardous waste number D003 if a
representative sample of the waste has any of the following properties:
(a) It is normally unstable and readily
undergoes violent change without detonating.
(b) It reacts violently with water.
(c) It forms potentially explosive mixtures
with water.
(d) When mixed with
water, it generates toxic gases, vapors, or fumes in a quantity sufficient to
present a danger to human health or the environment.
(e) It is a cyanide or sulfide-bearing waste
that, when exposed to pH conditions between 2 and 12.5, can generate toxic
gases, vapors, or fumes in a quantity sufficient to present a danger to human
health or the environment.
(f) It
is capable of detonation or explosive reaction if it is subjected to a strong
initiating source or if heated under confinement.
(g) It is readily capable of detonation or
explosive decomposition or reaction at standard temperature and
pressure.
(h) It is a forbidden
explosive as defined in
49 C.F.R. §
173.54, or it meets the definition of a
Division 1.1, 1.2, or 1.3 explosive as defined in
49 C.F.R. §§
173.50 and
173.53,
which are adopted by reference in
R 299.11004.
(4) A waste, except manufactured gas plant
waste, exhibits the toxicity characteristic if, using the toxicity
characteristic leaching procedure, test Method 1311 in the publication entitled
"Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," which is
adopted by reference in
R 299.11005, the extract from a
representative sample of the waste contains any of the contaminants listed by
the administrator or the director and identified in table 201a of these rules
at a concentration equal to or greater than the respective values given in the
tables. If the waste contains less than 0.5% filterable solids, then the waste
itself, after filtering using the methodology outlined in method 1311, is
considered to be the extract for the purposes of this rule.
(5) A waste exhibits the characteristic of
severe toxicity if the waste contains 1 part per million or more of a severely
toxic substance listed in table 202.
(6) A hazardous waste that is identified by a
characteristic in this rule shall be assigned every hazardous waste number that
is applicable. The hazardous waste number or numbers shall be used in complying
with the notification, recordkeeping, and reporting requirements of these
rules. The hazardous waste numbers are as follows:
(a) For wastes determined to be hazardous
pursuant to subrules (4) and (5) of this rule, the hazardous waste number
listed in table 201a or table 202 of these rules.
(b) For a waste that exhibits the
characteristic of ignitability, the hazardous waste number D001.
(c) For a waste that exhibits the
characteristic of corrosivity, the hazardous waste number D002.
(d) For a waste that exhibits the
characteristic of reactivity, the hazardous waste number D003.
(7) For the purposes of this rule,
the director, or his or her designee, shall consider a sample that is obtained
using any of the applicable sampling methods specified in 40 C.F.R. part 261,
appendix I, which is adopted by reference in
R 299.11003, to be a representative
sample.
(8) The following test
methods shall be used:
(a) For aflatoxin, the
test methods in subsection 26, natural poisons, of the publication entitled
"Official Methods of Analysis of the Association of Official Analytical
Chemists," 13th edition, 1980, which is adopted by reference in
R 299.11006.
(b) For chlorinated dibenzo-p-dioxins and
chlorinated dibenzofurans in chemical wastes, including still bottoms, filter
aids, sludges, spent carbon, and reactor residues, and in soil, EPA method
8280B or 8290A in the publication entitled "Test Methods for Evaluating Solid
Waste, Physical/Chemical Methods," which is adopted by reference in
R 299.11005.
(c) Alternate procedures as approved by the
director or his or her designee.
Notes
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