Criteria for Identifying the Characteristics of Hazardous Waste

(1) The Department shall identify and define a characteristic of hazardous waste within 310 CMR 30.100 only upon determining that a waste that exhibits the characteristic: (a) may cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; or (b) pose a substantial present or potential hazard to human health, safety, or welfare, or to the environment, when improperly stored, treated, transported, used, or disposed of, or otherwise managed; and (2) The characteristic can be: (a) Measured by an available standardized test method which is reasonably within the capability of the generators of waste or of private sector laboratories that are available to serve such generators; or (b) Reasonably detected by generators through their knowledge of their waste.