waste as a hazardous waste only upon determining that the waste meets one of
the following criteria:
waste has been found to be fatal to humans in low doses or, in the absence of
data on human toxicity, the waste has been shown in studies to have an oral
LD50 toxicity (rat) of less than fifty milligrams per kilogram, an inhalation
LC50 toxicity (rat) of less than two milligrams per liter, or a dermal LD50
toxicity (rabbit) of less than two hundred milligrams per kilogram or is
otherwise capable of causing or significantly contributing to an increase in
serious irreversible, or incapacitating reversible illness. (Wastes listed in
accordance with these criteria
be designated acute hazardous wastes.)
[Comment: As used in this paragraph, LD (lethal dosage) and LC
(lethal concentration) are standard measures of toxicity. A LD50 dosage, and a
LC50 concentration, are fatal to fifty per cent of the test
contains any of the toxic constituents listed in the appendix to this rule and,
after considering the following factors, the director 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, disposed of,
or otherwise managed:
(a) The nature of the
toxicity presented by the constituent.
(b) The concentration of the constituent in
(c) 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 paragraph (A)(3)(g) of this rule.
(d) The persistence of the constituent or any
toxic degradation product of the constituent.
(e) The potential for the constituent or any
toxic degradation product of the constituent to degrade into nonharmful
constituents and the rate of degradation.
(f) The degree to which the constituent or
any degradation product of the constituent bioaccumulates in
(g) The plausible types
of improper management to which the waste could be subjected.
(h) The quantities of the waste generated at
individual generation sites or on a regional or national basis.
(i) 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.
(j) Action taken by other governmental
agencies or regulatory programs based on the health or environmental hazard
posed by the waste or waste constituent.
Such other factors as may be appropriate.
be listed in the appendix to this rule only if
those substances 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
designated toxic wastes.)