Current through Register Vol. 49, No. 13, September 23, 2024
Subpart
1.
In general.
A waste which is not excluded from regulation as a hazardous
waste under part
7045.0120 is a hazardous waste if
it exhibits ignitability, corrosivity, reactivity, toxicity, lethality, or is
an oxidizer, as described in subparts
2 to
7. A hazardous waste which is
identified by a characteristic in this part is assigned every hazardous waste
number that is applicable. This number must be used in complying with the
notification requirements of section 3010 of the federal Resource Conservation
and Recovery Act and all applicable record keeping and reporting requirements
under parts
7045.0205 to
7045.0649 and
7045.1390, and chapter 7001. For
purposes of this part, the commissioner shall consider a sample obtained using
any of the applicable sampling methods specified in Code of Federal
Regulations, title 40, part 261, Appendix I, as incorporated in part
7045.0155, or Toxicity
Characteristic Leaching Procedure, Method 1311 in "Test Methods for Evaluating
Solid Waste, Physical/Chemical Methods," EPA publication SW-846, incorporated
by reference in part
7045.0065, item D, to be a
representative sample.
Subp.
2.
Ignitability.
A waste exhibits the characteristic of ignitability if a
representative sample of the waste has any of the following properties:
A. it is a liquid, other than an aqueous
solution containing less than 24 percent alcohol by volume, and has a flash
point less than 60 degrees Celsius (140 degrees Fahrenheit), as determined by a
Pensky-Martens Closed Cup Tester using the test method specified in standard
D-93-79 or D-93-80 in the Annual Book of ASTM Standards, issued by the American
Society for Testing and Materials (Philadelphia 1982), or a Setaflash Closed
Cup Tester using the test method specified in standard D-3278-78 in the Annual
Book of ASTM Standards, issued by the American Society for Testing and
Materials (Philadelphia 1982), or as determined by an equivalent test method
approved by the commissioner under the procedures set forth in part
7045.0075, subpart
1;
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; or
C. it is an ignitable compressed gas as
defined in Code of Federal Regulations, title 49, section 173.115, as amended,
and as determined by the test methods described in that regulation or
equivalent test methods approved by the commissioner under part
7045.0075, subpart
1.
A waste that exhibits the characteristic of ignitability has
the hazardous waste number of D001.
Subp. 3.
Oxidizers.
A waste exhibits the characteristics of an oxidizer if a
representative sample of the waste has the following properties:
A. it is an oxidizer as defined in Code of
Federal Regulations, title 49, section 173.127, as amended; or
B. it readily supplies oxygen to a reaction
in the absence of air. Oxidative materials include, but are not limited to,
oxides, organic and inorganic peroxides, permanganates, perrhenates, chlorates,
perchlorates, persulfates, nitric acid, organic and inorganic nitrates,
iodates, periodates, bromates, perselenates, perbromates, chromates,
dichromates, ozone, and perborates. Bromine, chlorine, fluorine, and iodine
react similarly to oxygen under some conditions and are therefore also
oxidative materials.
A waste that exhibits the characteristics of an oxidizer has
the hazardous waste number of D001.
Subp. 4.
Corrosivity.
A waste exhibits the characteristic of corrosivity if a
representative sample of the waste has any of the following properties:
A. it is aqueous and has a pH less than or
equal to 2.0 or greater than or equal to 12.5, as determined by a pH meter
using Method 9040C in "Test Methods for Evaluating Solid Waste,
Physical/Chemical Methods," EPA publication SW-846, incorporated by reference
in part
7045.0065, item D; or
B. it is liquid and corrodes steel (SAE 1020)
at a rate greater than 6.35 mm (0.250 inch) per year at a test temperature of
55 degrees Celsius (130 degrees Fahrenheit) as determined by the test method
specified in National Association of Corrosion Engineers Standard TM-01-69 as
standardized in "Test Methods for Evaluating Solid Waste, Physical/Chemical
Methods," EPA publication SW-846, incorporated by reference in part
7045.0065, item D.
A waste that exhibits the characteristic of corrosivity has
the hazardous waste number of D002.
Subp. 5.
Reactivity.
A waste exhibits the characteristic of reactivity 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
which, when exposed to pH conditions between 2.0 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;
or
H. it is a forbidden explosive
as defined in Code of Federal Regulations, title 49, section 173.54, as
amended, a Division 1.1 or 1.2 explosive as defined in Code of Federal
Regulations, title 49, section 173.50, as amended, or a Division 1.2 or 1.3
explosive as defined in Code of Federal Regulations, title 49, section 173.50,
as amended.
A waste that exhibits the characteristic of reactivity has
the hazardous waste number of D003.
Subp. 6.
Lethality.
Lethality is determined as follows:
A. A waste exhibits the characteristic of
lethality as determined in item B, if a representative sample of the waste has
any one of the following properties:
(1) an
oral median lethal dose less than 500 milligrams of material per kilogram of
body weight of test animal;
(2) a
dermal median lethal dose less than 1,000 milligrams of material per kilogram
of body weight of test animal;
(3)
an inhalation median lethal concentration of less than 2,000 milligrams of
material per cubic meter of air, if the material or a component is in a form
that may be inhaled as a dust or mist; or
(4) an inhalation median lethal concentration
of less than 1,000 parts per million of material in air, if the material or
component may be inhaled as gas or vapor.
B. Lethality shall be determined by applying
knowledge of materials and processes used, including reasonably available
information on the lethality of the components of the waste. If available
information and knowledge are insufficient to reasonably determine lethality,
the generator must notify the commissioner. The commissioner may order
additional evaluation as specified in part
7045.0217. Additional evaluation
may include testing according to the specifications of item C.
C. Lethality shall be determined as described
in subitems (1) to (3):
(1) Oral median
lethal dose shall be determined by a test in which the specified time is 14
days, the group of test animals is at least ten white laboratory rats of 200 to
300 grams each, half of which are male and half of which are female, and the
route of administration is a single oral dose.
(2) Dermal median lethal dose shall be
determined by a test in which the specified time is 14 days and the group of
test animals is ten or more white rabbits, half of which are male and half of
which are female, and the route of administration is a 24-hour exposure with
continuous contact on bare skin.
(3) Inhalation median lethal concentration
shall be determined by a test in which the specified time is 14 days, the group
of the test animals is at least ten white laboratory rats of 200 to 300 grams
each, half of which are male and half of which are female, and the route of
administration is continuous respiratory exposure for a period of one
hour.
D. A waste that
exhibits the characteristics of lethality has the hazardous waste number
MN01.
Subp. 7.
Toxicity.
Toxicity is determined as follows:
A. A waste, except manufactured gas plant
waste, exhibits the characteristic of toxicity if, using the Toxicity
Characteristic Leaching Procedure, Method 1311 in "Test Methods for Evaluating
Solid Waste, Physical/Chemical Methods," EPA publication SW-846, incorporated
by reference in part
7045.0155, subpart
1, item B, the extract from a
representative sample of the waste contains any of the contaminants listed in
subpart
8 at a concentration equal to
or greater than the respective contaminant values listed. Where the waste
contains less than 0.5 percent filterable solids, the waste itself, after
filtering using the methodology outlined in Method 1311, is considered to be
the extract for the purpose of this evaluation.
B. A waste that exhibits the characteristic
of toxicity has the hazardous waste number specified in subpart
8 which corresponds to the
toxic contaminant causing it to be hazardous.
C. If the concentration of a constituent in a
waste is known and that constituent is listed in subpart
8, the maximum possible
concentration in the extract can be calculated on the assumption that 100
percent of the constituent will be extracted. If the calculated maximum
possible concentration in the extract is less than the limit listed in subpart
8, the waste is not a
hazardous waste because of the subject constituent.
Subp. 8.
Maximum concentration of
contaminants for the toxicity characteristic.
| Hazardous Waste Number |
Contaminant |
CAS No. |
Maximum Concentration (milligrams per liter) |
|
| D004 |
Arsenic |
7440-38-2 |
5.0 |
| D005 |
Barium |
7440-39-3 |
100.0 |
| D018 |
Benzene |
71-43-2 |
0.5 |
| D006 |
Cadmium |
7440-43-9 |
1.0 |
| D019 |
Carbon tetrachloride |
56-23-5 |
0.5 |
| D020 |
Chlordane |
57-74-9 |
0.03 |
| D021 |
Chlorobenzene |
108-90-7 |
100.0 |
| D022 |
Chloroform |
67-66-3 |
6.0 |
| D007 |
Chromium |
7440-47-3 |
5.0 |
| D023 |
o-Cresol |
95-48-7 |
*200.0 |
| D024 |
m-Cresol |
108-39-4 |
*200.0 |
| D025 |
p-Cresol |
106-44-5 |
*200.0 |
| D026 |
Cresol |
|
*200.0 |
| D016 |
2,4-D |
94-75-7 |
10.0 |
| D027 |
1,4-Dichlorobenzene |
106-46-7 |
7.5 |
| D028 |
1,2-Dichloroethane |
107-06-2 |
0.5 |
| D029 |
1,1-Dichloroethylene |
75-35-4 |
0.7 |
| D030 |
2,4-Dinitrotoluene |
121-14-2 |
0.13 |
| D012 |
Endrin |
72-20-8 |
0.02 |
| D031 |
Heptachlor (and its epoxide) |
76-44-8 |
0.008 |
| D032 |
Hexachlorobenzene |
118-74-1 |
0.13 |
| D033 |
Hexachlorobutadiene |
87-68-3 |
0.5 |
| D034 |
Hexachloroethane |
67-72-1 |
3.0 |
| D008 |
Lead |
7439-92-1 |
5.0 |
| D013 |
Lindane |
58-89-9 |
0.4 |
| D009 |
Mercury |
7439-97-6 |
0.2 |
| D014 |
Methoxychlor |
72-43-5 |
10.0 |
| D035 |
Methyl ethyl ketone |
78-93-3 |
200.0 |
| D036 |
Nitrobenzene |
98-95-3 |
2.0 |
| D037 |
Pentachlorophenol |
87-86-5 |
100.0 |
| D038 |
Pyridine |
110-86-1 |
5.0 |
| D010 |
Selenium |
7782-49-2 |
1.0 |
| D011 |
Silver |
7440-22-4 |
5.0 |
| D039 |
Tetrachloroethylene |
127-18-4 |
0.7 |
| D015 |
Toxaphene |
8001-35-2 |
0.5 |
| D040 |
Trichloroethylene |
79-01-6 |
0.5 |
| D041 |
2,4,5-Trichlorophenol |
95-95-4 |
400.0 |
| D042 |
2,4,6-Trichlorophenol |
88-06-2 |
2.0 |
| D017 |
2,4,5-TP (Silvex) |
93-72-1 |
1.0 |
| D043 |
Vinyl chloride |
75-01-4 |
0.2 |
*If o-, m-, and p-cresol concentrations cannot be
differentiated, the total cresol (D026) concentration is used. The regulatory
level of total cresol is 200 milligrams per liter.
Statutory Authority: MS s
14.07;
116.07;
116.37
