Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1.
In general.
A generator's waste that exhibits the characteristics of
lethality as described in part
7045.0131, subpart 6, may be
exempted from regulation under parts
7045.0102 to
7045.1390 if the generator can
demonstrate to the satisfaction of the agency that the waste is not capable of
posing a present or potential hazard to human health and the environment if the
waste were to be improperly treated, transported, stored, disposed, or managed
under routine waste management methods.
Subp. 2.
Factors to be
considered.
In demonstrating that a waste should be exempt from
regulation under parts
7045.0102 to
7045.1390, the generator must
present information related to the following factors:
A. the nature of the lethality displayed by
the waste;
B. the median lethal
dose or median lethal concentration of the entire waste and each of the lethal
constituents within the waste;
C.
the lethal constituent or constituents present in the waste and the respective
concentrations;
D. the quantity of
the waste produced by the generator on an annual basis;
E. the types of improper or routine waste
management to which the waste could be subjected;
F. based upon the improper or routine waste
management methods considered in item E, the following factors:
(1) the potential of the lethal constituent
or constituents or any lethal degradation product or products to migrate from
the waste into the environment;
(2)
the persistence of the lethal constituent or constituents or any lethal
degradation product or products;
(3) the degree to which the lethal
constituent or constituents or any lethal degradation product or products may
bioaccumulate in the environment;
(4) the potential for the lethal constituents
or constituents of any lethal degradation product or products to degrade into
nonhazardous constituents and the rate of degradation; and
(5) the potential nature and severity of the
human health and environmental damage which may result; and
G. other factors that are relevant
to the agency's determination of whether the waste is capable of posing a
present or potential hazard to human health and the environment if the waste
were to be improperly treated, transported, stored, disposed of, or managed
under routine waste management methods.
