Section R. 299.9212 - Characteristics of hazardous wasteRule 212.
(1) A waste exhibits the characteristic of ignitability and is identified by the hazardous waste number D001 if a representative sample of the waste has any of the following properties:(a) It is a liquid, other than an aqueous solution produced by a kraft pulp or paper mill that contains less than 24% alcohol by volume or an aqueous solution that contains less than 24% alcohol, by volume, as defined by section 211.117(a)(5) to (7) of the Internal Revenue Code, 27 U.S.C. § 211.117(a)(5) to (7), including distilled spirits, wine, and malt beverages, and has a flash point less than 60 degrees Centigrade (140 degrees Fahrenheit), as determined by any of the following test methods: (i) A Pensky-Martens closed cup tester using the test method specified in ASTM standard D93-15a, which is adopted by reference in R 299.11001. (ii) A setaflash closed cup tester using the test method specified in ASTM standard D3278-96, which is adopted by reference in R 299.11001. (iii) A standard test method for flash point by continuously closed cup tester using the test method specified in ASTM standard D6450-12, which is adopted by reference in R 299.11001.(iv) An equivalent test method approved by the director, or his or her designee, pursuant to procedures in R 299.9215.(b) It is not a liquid and is capable, under standard temperature and pressure, of causing fire through friction, absorption of moisture, or spontaneous chemical changes and, when ignited, burns so vigorously and persistently that it creates a hazard.(c) It is an ignitable compressed gas as defined in 40 C.F.R. § 261.21(a)(3) and meets the criteria specified therein.(d) It is an oxidizer as defined in 49 C.F.R. § 173.127, which is adopted by reference in R 299.11004.(2) A waste exhibits the characteristic of corrosivity and is identified by the hazardous waste number D002 if a representative sample of the waste has either of the following properties: (a) It is aqueous and has a pH less than or equal to 2 or greater than or equal to 12.5, as determined by a pH meter using method 9040C in the publication entitled "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," which is adopted by reference in R 299.11005.(b) It is a liquid and corrodes steel (SAE 1020) at a rate of more than 6.35 mm (0.250 inch) per year at a test temperature of 55 degrees Centigrade (130 degrees Fahrenheit) as determined by method 1110A in the publication entitled "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," which is adopted by reference in R 299.11005.(3) A waste exhibits the characteristic of reactivity and is identified by the hazardous waste number D003 if a representative sample of the waste has any of the following properties: (a) It is normally unstable and readily undergoes violent change without detonating.(b) It reacts violently with water.(c) It forms potentially explosive mixtures with water.(d) When mixed with water, it generates toxic gases, vapors, or fumes in a quantity sufficient to present a danger to human health or the environment.(e) It is a cyanide or sulfide-bearing waste that, when exposed to pH conditions between 2 and 12.5, can generate toxic gases, vapors, or fumes in a quantity sufficient to present a danger to human health or the environment.(f) It is capable of detonation or explosive reaction if it is subjected to a strong initiating source or if heated under confinement.(g) It is readily capable of detonation or explosive decomposition or reaction at standard temperature and pressure.(h) It is a forbidden explosive as defined in 49 C.F.R. § 173.54, or it meets the definition of a Division 1.1, 1.2, or 1.3 explosive as defined in 49 C.F.R. §§ 173.50 and 173.53, which are adopted by reference in R 299.11004.(4) A waste, except manufactured gas plant waste, exhibits the toxicity characteristic if, using the toxicity characteristic leaching procedure, test Method 1311 in the publication entitled "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," which is adopted by reference in R 299.11005, the extract from a representative sample of the waste contains any of the contaminants listed by the administrator or the director and identified in table 201a of these rules at a concentration equal to or greater than the respective values given in the tables. If the waste contains less than 0.5% filterable solids, then the waste itself, after filtering using the methodology outlined in method 1311, is considered to be the extract for the purposes of this rule.(5) A waste exhibits the characteristic of severe toxicity if the waste contains 1 part per million or more of a severely toxic substance listed in table 202.(6) A hazardous waste that is identified by a characteristic in this rule shall be assigned every hazardous waste number that is applicable. The hazardous waste number or numbers shall be used in complying with the notification, recordkeeping, and reporting requirements of these rules. The hazardous waste numbers are as follows: (a) For wastes determined to be hazardous pursuant to subrules (4) and (5) of this rule, the hazardous waste number listed in table 201a or table 202 of these rules.(b) For a waste that exhibits the characteristic of ignitability, the hazardous waste number D001.(c) For a waste that exhibits the characteristic of corrosivity, the hazardous waste number D002.(d) For a waste that exhibits the characteristic of reactivity, the hazardous waste number D003.(7) For the purposes of this rule, the director, or his or her designee, shall consider a sample that is obtained using any of the applicable sampling methods specified in 40 C.F.R. part 261, appendix I, which is adopted by reference in R 299.11003, to be a representative sample.(8) The following test methods shall be used:(a) For aflatoxin, the test methods in subsection 26, natural poisons, of the publication entitled "Official Methods of Analysis of the Association of Official Analytical Chemists," 13th edition, 1980, which is adopted by reference in R 299.11006.(b) For chlorinated dibenzo-p-dioxins and chlorinated dibenzofurans in chemical wastes, including still bottoms, filter aids, sludges, spent carbon, and reactor residues, and in soil, EPA method 8280B or 8290A in the publication entitled "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," which is adopted by reference in R 299.11005.(c) Alternate procedures as approved by the director or his or her designee.(9) The provisions of 40 C.F.R. § 261.21(a)(3) are adopted by reference in R 299.11003.Mich. Admin. Code R. 299.9212
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