Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Hazardous Waste Management › Part 3 - GENERATORS OF HAZARDOUS WASTE › Section R. 299.9302 - Hazardous waste determination

Current through Vol. 24-12, July 15, 2024
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.