R 299.9213 Lists of hazardous wastes from nonspecific and specific sources.

Rule 213. (1) The following wastes are hazardous wastes unless excluded under R 299.9211: (a) Wastes from nonspecific sources listed by the administrator and identified in table 203a of these rules. (b) Wastes from specific sources listed by the administrator and identified in table 204a of these rules. (2) Each hazardous waste that is listed in subrule (1) of this rule is assigned a hazardous waste number that precedes the name of the waste on the table in which it is listed. The number must be used in complying with the notification requirements and the recordkeeping and reporting requirements of these rules. (3) The EPA hazardous waste numbers F020, F021, F022, F023, F026, and F027 are subject to the exclusion limits for acutely hazardous wastes established in R 299.9304. (4) For the EPA hazardous waste numbers F037 and F038 listings, aggressive biological treatment units are defined as those units that employ 1 of the following 4 treatment methods: (a) Activated sludge. (b) Trickling filter. (c) Rotating biological contactor for the continuous accelerated biological oxidation of wastewaters. (d) High-rate aeration. High-rate aeration is a system of surface impoundments or tanks in which intense mechanical aeration is used to completely mix the wastes and enhance biological activity. High-rate aeration systems must be composed of units that employ a minimum of 6 horsepower per million gallons of treatment volume and either the hydraulic retention time of the unit is no longer than 5 days, or the hydraulic retention time is no longer than 30 days and the unit does not generate a sludge that is hazardous waste by the toxicity characteristic. (5) Generators and facility owners and operators shall demonstrate that their sludges are not subject to being listed as F037 or F038, or both, wastes under subrule (4) of this rule. Generators and facility owners and operators shall maintain, in their operating or other on-site records, documents and data sufficient to demonstrate that the unit is an aggressive biological treatment unit as defined in subrule (4) of this rule and that the sludges sought to be exempted from the definitions of F037 or F038, or both, wastes were generated in the aggressive biological treatment unit. (6) For the EPA hazardous waste number F037 listing, sludges are considered to be generated at the moment of deposition in the unit, where deposition is defined as at least a temporary cessation of lateral particle movement. (7) For the EPA hazardous waste number F038 listing, sludges are considered to be generated at the moment of deposition in the unit, where deposition is defined as at least a temporary cessation of lateral particle movement, and floats are considered to be generated at the moment they are formed in the top of the unit.