Section R. 299.9209 - Criteria and procedure for listing hazardous wastesRule 209.
(1) The director shall list a waste as a hazardous waste in this part upon finding that the administrator has listed the waste as hazardous based on the criteria contained in the provisions of 40 C.F.R.-261.11.(2) The director shall evaluate a waste for listing as a hazardous waste in this part, in addition to the wastes listed by the administrator in the provisions of 40 C.F.R. part 261, subpart D, upon determining that the waste meets any of the following criteria: (a) The waste meets a characteristic identified in R 299.9208.(b) The waste, or a material that could be a constituent of the waste, is hazardous pursuant to the provisions of section 3 of part 111 of the act, but is not currently listed in this part.(3) If information becomes available that indicates that a waste, or a material that may be a component of wastes, might meet any of the criteria of subrule (2) of this rule, then the director shall do the following: (a) Evaluate the characteristics of the waste or material to verify its hazards.(b) If the waste is determined to have hazardous characteristics, initiate rule change procedures as outlined in act 306 that will lead to the listing of the waste as hazardous. In addition, the director shall request the governor to petition the administrator to add the waste to the listings in the provisions of 40 C.F.R. part 261 pursuant to the authority of section 3001(c) of RCRA.(4) As additional wastes are determined to be hazardous by the administrator and listed in the provisions of 40 C.F.R. part 261, the director shall initiate rule change procedures as outlined in act 306 to incorporate the wastes into these rules.(5) The basis for listing the classes or types of waste specified in this part shall be designated by 1 or more of the following hazard codes:(a) For ignitable waste, (I).(b) For corrosive waste, (C).(c) For reactive waste, (R).(d) For toxicity characteristic waste, (E).(e) For acute hazardous waste, (H).(f) For toxic waste, (T).(6) The constituents that were the basis for listing the waste as toxicity characteristic waste (E) or toxic waste (T) in R 299.9220 and R 299.9222 are identified in the provisions of 40 C.F.R. part 261, appendix VII.(7) The provisions of 40 C.F.R. -261.11 and 40 C.F.R. part 261, appendix VII, are adopted by reference in R 299.11003.Mich. Admin. Code R. 299.9209
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