Ala. Admin. Code r. 335-14-2-.02

Current through Register Vol. 43, No. 1, October 31, 2024

Section 335-14-2-.02 - Criteria For Identifying The Characteristics Of Hazardous Waste And For Listing Hazardous Waste

(1) Criteria for identifying the characteristics of hazardous waste.

(a) The Department shall identify and define a characteristic of hazardous waste in Rule 335-14-2-.03 only upon determining that:

1. A solid waste that exhibits the characteristic may:

(i) Cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; or

(ii) Pose a substantial present or potential hazard to human health or the environment when it is improperly treated, stored, transported, disposed of, or otherwise managed; and

2. The characteristic can be:

(i) Measured by an available standardized test method which is reasonably within the capability of generators of solid waste or private sector laboratories that are available to serve generators of solid waste; or

(ii) Reasonably detected by generators of solid waste through their knowledge of their waste.

(2) Criteria for listing hazardous waste.

(a) The Department shall list a solid waste as a hazardous waste only upon determining that the solid waste meets one of the following criteria:

1. It exhibits any of the characteristics of hazardous waste identified in Rule 335-14-2-.03.

2. It has been found to be fatal to humans in low doses or, in the absence of data on human toxicity, it has been shown in studies to have an oral LD 50 toxicity (rat) of less than 50 milligrams per kilogram, an inhalation LC 50 toxicity (rat) of less than 2 milligrams per liter, or a dermal LD 50 toxicity (rabbit) of less than 200 milligrams per kilogram or is otherwise capable of causing or significantly contributing to an increase in serious irreversible, or incapacitating reversible, illness. (Waste listed in accordance with these criteria will be designated Acute Hazardous Waste.)

3. It contains any of the toxic constituents listed in 335-14-2 -Appendix VIII, and after considering the following factors, the Department concludes that the waste is capable of posing a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed:

(i) The nature of the toxicity presented by the constituent;

(ii) The concentration of the constituent in the waste;

(iii) The potential of the constituent or any toxic degradation product of the constituent to migrate from the waste into the environment under the types of improper management considered in 335-14-2 -.02(a)3.(vii);

(iv) The persistence of the constituent or any toxic degradation product of the constituent;

(v) The potential for the constituent or any toxic degradation product of the constituent to degrade into nonharmful constituents and the rate of degradation;

(vi) The degree to which the constituent or any degradation product of the constituent bioaccumulates in ecosystems;

(vii) The plausible types of improper management to which the waste could be subjected;

(viii) The quantities of the waste generated at individual generation sites or on a regional or national basis;

(ix) The nature and severity of the human health and environmental damage that has occurred as a result of the improper management of wastes containing the constituent;

(x) Action taken by other governmental agencies or regulatory programs based on the health or environmental hazard posed by the waste or waste constituent;

(xi) Such other factors as may be appropriate.

4. Substances will be listed in 335-14-2 -Appendix VIII only if they have been shown in scientific studies to have toxic, carcinogenic, mutagenic, or teratogenic effects on humans or other life forms. (Wastes listed in accordance with these criteria will be designated Toxic wastes.)

(b) The Department may list classes or types of solid waste as hazardous waste if it has reason to believe that individual wastes, within the class or type of waste, typically or frequently are hazardous under the definition of hazardous waste found in Section 22-30-3(5) of the AHWMMA.

(c) The Department will use the criteria for listing specified in 335-14-2-.02(2) to establish the exclusion limits referred to in 335-14-2-.01(5)(c).

Authors: Stephen C. Maurer; Amy P Zachry

Ala. Admin. Code r. 335-14-2-.02

November 19, 1980. Amended: April 9, 1986; February 15, 1988; August 24, 1989; December 6, 1990. Amended: Filed February 20, 1998; effective March 27, 1998. Amended: Filed March 9, 2001; effective April 13, 2001.

Statutory Authority:Code of Ala. 1975, §§ 22-30-10, 22-30-11.