R 299.9214 Discarded commercial chemical products, off-specification species, containers, container residues, and spill residues as hazardous wastes.

Rule 214. (1) The following materials or items are hazardous wastes when they are discarded or intended to be discarded as described in R 299.9202(1)(a), when they are burned for energy recovery instead of their original intended use, when they are used to produce fuels instead of their intended use, when they are applied to the land instead of their intended use, or when they are contained in products that are applied to the land instead of their original intended use: (a) Any commercial chemical product or manufacturing chemical intermediate having the generic name in tables 205a, 205b, and 205c of these rules. (b) Any off-specification commercial chemical product or manufacturing intermediate that, if it met specifications, would have the generic name listed in tables 205a, 205b, and 205c of these rules. (c) Any residue that remains in a container or in an inner liner which is removed from a container that has held any commercial chemical product or manufacturing chemical intermediate having the generic names listed in tables 205a, 205b, and 205c of these rules, unless the container is empty. Unless the residue is being beneficially used or reused; legitimately recycled or reclaimed; or accumulated, stored, transported, or treated before use, reuse, recycle, or reclamation, the department considers the residue to be intended for discard and, the residue is a hazardous waste. (d) Any residue or contaminated soil, water, or other debris resulting from the cleanup of a spill into any water or on any land of any commercial chemical product, a manufacturing chemical intermediate having the generic name listed in tables 205a, 205b, and 205c of these rules, any residue or contaminated soil, water, or other debris resulting from the cleanup of a spill into any water or on any land of any off-specification chemical product, and manufacturing chemical intermediate that, if it met specifications, would have the generic name listed in tables 205a, 205b, and 205c of these rules. (2) The commercial chemical products, manufacturing chemical intermediates, or off-specification commercial chemical products listed by the administrator and identified in table 205a are acutely hazardous wastes (H). (3) The commercial chemical products, manufacturing chemical intermediates, or off-specification commercial chemical products listed by the administrator and identified in table 205b are toxic wastes (T). (4) The commercial chemical products, manufacturing chemical intermediates, or off-specification commercial chemical products listed by the director and identified in table 205c are toxic wastes (T). (5) As used in subrule (1) of this rule, the phrases "commercial chemical product," "manufacturing chemical intermediate," "off-specification commercial chemical product," and "manufacturing chemical intermediate" refer to materials that are manufactured or formulated for commercial or manufacturing use. The phrases do not refer to materials, such as manufacturing process wastes, that contain any of the substances listed in tables 205a, 205b, or 205c of these rules. (6) Each hazardous waste listed in subrule (1) of this rule is assigned the hazardous waste number in tables 205a, 205b, or 205c of these rules that corresponds to the constituent that caused the waste to be hazardous. With regard to a mixture of hazardous wastes, a number must be assigned in the following priority order based on the wastes or constituents present: (a) Acutely hazardous, from table 205a. (b) Toxic, from table 205b. (c) Toxic, from table 205c of these rules. (7) If the constituents identified in subrule (6) of this rule are listed in the same table, the hazardous waste number assigned must correspond to the constituents present in the greatest amount on a weight basis.