Mich. Admin. Code R. 299.9302 - Hazardous waste determination
Rule 302.
(1) A
person who generates a waste as defined in
R
299.9202 shall make an accurate determination if that
waste is a hazardous waste to ensure the waste is properly managed under these
rules. A hazardous waste determination must be made using the following method:
(a) The hazardous waste determination for
each waste must be made at the point of waste generation, before dilution,
mixing, or other alteration of the waste occurs, and at any time in the course
of its management that it has, or may have, changed its properties as a result
of exposure to the environment or other factors that may change the properties
of the waste such that the classification of the waste under these rules may
change.
(b) A generator shall
determine if the waste is excluded from regulation under
R 299.9204(1) or
(2).
(c) If the waste is not excluded, the
generator shall determine if the waste is listed as hazardous under
R 299.9213 and
R 299.9214. Acceptable knowledge
that may be used in making an accurate determination if the waste is listed may
include the waste origin, composition, the process producing the waste,
feedstock, and other reliable and relevant information. If the waste is listed,
the generator may file a delisting petition under
40 CFR
260.20 and
260.22
to demonstrate that the waste from this specific site or operation is not a
hazardous waste.
(d) The generator
shall determine if the waste meets 1 or more of the characteristics of
hazardous waste under
R
299.9212 by doing either of the following, or a
combination of both:
(i) Applying knowledge
of the hazardous characteristics of the waste given the materials or processes
used to generate the waste. Acceptable knowledge that may be used in making an
accurate determination if the waste exhibits 1 or more characteristics of a
hazardous waste includes process knowledge; feedstocks and other process
inputs; knowledge of products, by-products, and intermediates produced by the
manufacturing process; chemical or physical characterization of the wastes;
information on the chemical and physical properties of the chemicals used or
produced by the process or otherwise contained in the waste; testing that
illustrates the properties of the waste; or other reliable and relevant
information about the properties of the waste or its constituents. A test other
than a test method set forth in
R
299.9212 or according to an equivalent method approved
by the director under
R 299.9215 may be used as part of
the generators knowledge to determine if a waste exhibits a characteristic of a
hazardous waste. The tests do not, by themselves, provide definitive results.
Any test results that a generator may use for this determination must be based
on testing that was conducted using representative samples of the
waste.
(ii) If available knowledge
is inadequate to make an accurate determination, the generator shall test the
waste according to the methods set forth in
R
299.9212 or according to an equivalent method approved
by the director under
R 299.9215 and in accordance with
the following:
(A) A generator testing his
waste shall obtain a representative sample of the waste for testing.
(B) If the test method is set forth in
R
299.9212 or approved under
R 299.9215, the results of the
regulatory test, if properly performed, are definitive for determining the
regulatory status of the waste.
(2) If the waste is determined to be
hazardous, the generator shall refer to parts 2 to 6 and 8 of these rules for
possible exclusions or restrictions that pertain to the management of his or
her specific waste.
(3) If the
waste is determined to be hazardous, then both small and large quantity
generators shall identify all applicable hazardous waste numbers.
(4) If the general character of a waste
changes due to changes in the materials or processes involved in its
generation, the evaluation under subrule (1) of this rule must be repeated
immediately by the generator.
Notes
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