Ala. Admin. Code r. 335-14-2-.02 - Criteria For Identifying The Characteristics Of Hazardous Waste And For Listing Hazardous Waste
(1)
Criteria for identifying the characteristics of hazardous waste.
(a) The Department shall identify and define
a characteristic of hazardous waste in Rule
335-14-2-.03
only upon determining that:
1. A solid waste
that exhibits the characteristic may:
(i)
Cause, or significantly contribute to, an increase in mortality or an increase
in serious irreversible, or incapacitating reversible, illness; or
(ii) Pose a substantial present or potential
hazard to human health or the environment when it is improperly treated,
stored, transported, disposed of, or otherwise managed; and
2. The characteristic can be:
(i) Measured by an available standardized
test method which is reasonably within the capability of generators of solid
waste or private sector laboratories that are available to serve generators of
solid waste; or
(ii) Reasonably
detected by generators of solid waste through their knowledge of their
waste.
(2) Criteria for listing hazardous waste.
(a) The Department shall list a solid waste
as a hazardous waste only upon determining that the solid waste meets one of
the following criteria:
1. It exhibits any of
the characteristics of hazardous waste identified in Rule
335-14-2-.03.
2. It has been found to be fatal to humans in
low doses or, in the absence of data on human toxicity, it has been shown in
studies to have an oral LD 50 toxicity (rat) of less than 50 milligrams per
kilogram, an inhalation LC 50 toxicity (rat) of less than 2 milligrams per
liter, or a dermal LD 50 toxicity (rabbit) of less than 200 milligrams per
kilogram or is otherwise capable of causing or significantly contributing to an
increase in serious irreversible, or incapacitating reversible, illness. (Waste
listed in accordance with these criteria will be designated Acute Hazardous
Waste.)
3. It contains any of the
toxic constituents listed in 335-14-2 -Appendix VIII, and after considering the
following factors, the Department concludes that the waste is capable of posing
a substantial present or potential hazard to human health or the environment
when improperly treated, stored, transported, or disposed of, or otherwise
managed:
(i) The nature of the toxicity
presented by the constituent;
(ii)
The concentration of the constituent in the waste;
(iii) The potential of the constituent or any
toxic degradation product of the constituent to migrate from the waste into the
environment under the types of improper management considered in 335-14-2
-.02(a)3.(vii);
(iv) The
persistence of the constituent or any toxic degradation product of the
constituent;
(v) The potential for
the constituent or any toxic degradation product of the constituent to degrade
into nonharmful constituents and the rate of degradation;
(vi) The degree to which the constituent or
any degradation product of the constituent bioaccumulates in
ecosystems;
(vii) The plausible
types of improper management to which the waste could be subjected;
(viii) The quantities of the waste generated
at individual generation sites or on a regional or national basis;
(ix) The nature and severity of the human
health and environmental damage that has occurred as a result of the improper
management of wastes containing the constituent;
(x) Action taken by other governmental
agencies or regulatory programs based on the health or environmental hazard
posed by the waste or waste constituent;
(xi) Such other factors as may be
appropriate.
4.
Substances will be listed in 335-14-2 -Appendix VIII only if they have been
shown in scientific studies to have toxic, carcinogenic, mutagenic, or
teratogenic effects on humans or other life forms. (Wastes listed in accordance
with these criteria will be designated Toxic wastes.)
(b) The Department may list classes or types
of solid waste as hazardous waste if it has reason to believe that individual
wastes, within the class or type of waste, typically or frequently are
hazardous under the definition of hazardous waste found in Section
22-30-3(5)
of the AHWMMA.
(c) The Department
will use the criteria for listing specified in 335-14-2-.02(2) to establish the
exclusion limits referred to in
335-14-2-.01(5)(c).
Authors: Stephen C. Maurer; Amy P Zachry
Notes
Statutory Authority: Code of Ala. 1975, ยงยง 22-30-10, 22-30-11.
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