R 299.9302 Hazardous waste determination.

Rule 302. (1) A person that 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 so 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 generator’s 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 their own 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. (2) If the waste is determined to be hazardous, the generator shall refer to parts 2 to 6 and 8 of these rules for possible exclusions or restrictions that pertain to the management of the specific waste. (3) If the waste is determined to be hazardous, then both small and large quantity generators shall identify all applicable hazardous waste numbers. (4) If the general character of a waste changes due to changes in the materials or processes involved in its generation, the evaluation under subrule (1) of this rule must be repeated immediately by the generator.