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Minnesota Legislature

Office of the Revisor of Statutes

7045.0131 CHARACTERISTICS OF HAZARDOUS WASTE.

Subpart 1.

In general.

A waste which is not excluded from regulation as a hazardous waste under part 7045.0120 is a hazardous waste if it exhibits ignitability, corrosivity, reactivity, toxicity, lethality, or is an oxidizer, as described in subparts 2 to 7. A hazardous waste which is identified by a characteristic in this part is assigned every hazardous waste number that is applicable. This number must be used in complying with the notification requirements of section 3010 of the federal Resource Conservation and Recovery Act and all applicable record keeping and reporting requirements under parts 7045.0205 to 7045.0649 and 7045.1390, and chapter 7001. For purposes of this part, the commissioner shall consider a sample obtained using any of the applicable sampling methods specified in Code of Federal Regulations, title 40, part 261, Appendix I, as incorporated in part 7045.0155, or Toxicity Characteristic Leaching Procedure, Method 1311 in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA publication SW-846, incorporated by reference in part 7045.0065, item D, to be a representative sample.

Subp. 2.

Ignitability.

A waste exhibits the characteristic of ignitability if a representative sample of the waste has any of the following properties:

A.

it is a liquid, other than an aqueous solution containing less than 24 percent alcohol by volume, and has a flash point less than 60 degrees Celsius (140 degrees Fahrenheit), as determined by a Pensky-Martens Closed Cup Tester using the test method specified in standard D-93-79 or D-93-80 in the Annual Book of ASTM Standards, issued by the American Society for Testing and Materials (Philadelphia 1982), or a Setaflash Closed Cup Tester using the test method specified in standard D-3278-78 in the Annual Book of ASTM Standards, issued by the American Society for Testing and Materials (Philadelphia 1982), or as determined by an equivalent test method approved by the commissioner under the procedures set forth in part 7045.0075, subpart 1;

B.

it is not a liquid and is capable, under standard temperature and pressure, of causing fire through friction, absorption of moisture, or spontaneous chemical changes and, when ignited, burns so vigorously and persistently that it creates a hazard; or

C.

it is an ignitable compressed gas as defined in Code of Federal Regulations, title 49, section 173.115, as amended, and as determined by the test methods described in that regulation or equivalent test methods approved by the commissioner under part 7045.0075, subpart 1.

A waste that exhibits the characteristic of ignitability has the hazardous waste number of D001.

Subp. 3.

Oxidizers.

A waste exhibits the characteristics of an oxidizer if a representative sample of the waste has the following properties:

A.

it is an oxidizer as defined in Code of Federal Regulations, title 49, section 173.127, as amended; or

B.

it readily supplies oxygen to a reaction in the absence of air. Oxidative materials include, but are not limited to, oxides, organic and inorganic peroxides, permanganates, perrhenates, chlorates, perchlorates, persulfates, nitric acid, organic and inorganic nitrates, iodates, periodates, bromates, perselenates, perbromates, chromates, dichromates, ozone, and perborates. Bromine, chlorine, fluorine, and iodine react similarly to oxygen under some conditions and are therefore also oxidative materials.

A waste that exhibits the characteristics of an oxidizer has the hazardous waste number of D001.

Subp. 4.

Corrosivity.

A waste exhibits the characteristic of corrosivity if a representative sample of the waste has any of the following properties:

A.

it is aqueous and has a pH less than or equal to 2.0 or greater than or equal to 12.5, as determined by a pH meter using Method 9040C in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA publication SW-846, incorporated by reference in part 7045.0065, item D; or

B.

it is liquid and corrodes steel (SAE 1020) at a rate greater than 6.35 mm (0.250 inch) per year at a test temperature of 55 degrees Celsius (130 degrees Fahrenheit) as determined by the test method specified in National Association of Corrosion Engineers Standard TM-01-69 as standardized in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA publication SW-846, incorporated by reference in part 7045.0065, item D.

A waste that exhibits the characteristic of corrosivity has the hazardous waste number of D002.

Subp. 5.

Reactivity.

A waste exhibits the characteristic of reactivity if a representative sample of the waste has any of the following properties:

A.

it is normally unstable and readily undergoes violent change without detonating;

B.

it reacts violently with water;

C.

it forms potentially explosive mixtures with water;

D.

when mixed with water, it generates toxic gases, vapors, or fumes in a quantity sufficient to present a danger to human health or the environment;

E.

it is a cyanide or sulfide bearing waste which, when exposed to pH conditions between 2.0 and 12.5 can generate toxic gases, vapors, or fumes in a quantity sufficient to present a danger to human health or the environment;

F.

it is capable of detonation or explosive reaction if it is subjected to a strong initiating source or if heated under confinement;

G.

it is readily capable of detonation or explosive decomposition or reaction at standard temperature and pressure; or

H.

it is a forbidden explosive as defined in Code of Federal Regulations, title 49, section 173.54, as amended, a Division 1.1 or 1.2 explosive as defined in Code of Federal Regulations, title 49, section 173.50, as amended, or a Division 1.2 or 1.3 explosive as defined in Code of Federal Regulations, title 49, section 173.50, as amended.

A waste that exhibits the characteristic of reactivity has the hazardous waste number of D003.

Subp. 6.

Lethality.

Lethality is determined as follows:

A.

A waste exhibits the characteristic of lethality as determined in item B, if a representative sample of the waste has any one of the following properties:

(1)

an oral median lethal dose less than 500 milligrams of material per kilogram of body weight of test animal;

(2)

a dermal median lethal dose less than 1,000 milligrams of material per kilogram of body weight of test animal;

(3)

an inhalation median lethal concentration of less than 2,000 milligrams of material per cubic meter of air, if the material or a component is in a form that may be inhaled as a dust or mist; or

(4)

an inhalation median lethal concentration of less than 1,000 parts per million of material in air, if the material or component may be inhaled as gas or vapor.

B.

Lethality shall be determined by applying knowledge of materials and processes used, including reasonably available information on the lethality of the components of the waste. If available information and knowledge are insufficient to reasonably determine lethality, the generator must notify the commissioner. The commissioner may order additional evaluation as specified in part 7045.0217. Additional evaluation may include testing according to the specifications of item C.

C.

Lethality shall be determined as described in subitems (1) to (3):

(1)

Oral median lethal dose shall be determined by a test in which the specified time is 14 days, the group of test animals is at least ten white laboratory rats of 200 to 300 grams each, half of which are male and half of which are female, and the route of administration is a single oral dose.

(2)

Dermal median lethal dose shall be determined by a test in which the specified time is 14 days and the group of test animals is ten or more white rabbits, half of which are male and half of which are female, and the route of administration is a 24-hour exposure with continuous contact on bare skin.

(3)

Inhalation median lethal concentration shall be determined by a test in which the specified time is 14 days, the group of the test animals is at least ten white laboratory rats of 200 to 300 grams each, half of which are male and half of which are female, and the route of administration is continuous respiratory exposure for a period of one hour.

D.

A waste that exhibits the characteristics of lethality has the hazardous waste number MN01.

Subp. 7.

Toxicity.

Toxicity is determined as follows:

A.

A waste, except manufactured gas plant waste, exhibits the characteristic of toxicity if, using the Toxicity Characteristic Leaching Procedure, Method 1311 in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA publication SW-846, incorporated by reference in part 7045.0155, subpart 1, item B, the extract from a representative sample of the waste contains any of the contaminants listed in subpart 8 at a concentration equal to or greater than the respective contaminant values listed. Where the waste contains less than 0.5 percent filterable solids, the waste itself, after filtering using the methodology outlined in Method 1311, is considered to be the extract for the purpose of this evaluation.

B.

A waste that exhibits the characteristic of toxicity has the hazardous waste number specified in subpart 8 which corresponds to the toxic contaminant causing it to be hazardous.

C.

If the concentration of a constituent in a waste is known and that constituent is listed in subpart 8, the maximum possible concentration in the extract can be calculated on the assumption that 100 percent of the constituent will be extracted. If the calculated maximum possible concentration in the extract is less than the limit listed in subpart 8, the waste is not a hazardous waste because of the subject constituent.

Subp. 8.

Maximum concentration of contaminants for the toxicity characteristic.

Hazardous
Waste Number
Contaminant CAS No. Maximum
Concentration
(milligrams
per liter)
D004 Arsenic 7440-38-2 5.0
D005 Barium 7440-39-3 100.0
D018 Benzene 71-43-2 0.5
D006 Cadmium 7440-43-9 1.0
D019 Carbon tetrachloride 56-23-5 0.5
D020 Chlordane 57-74-9 0.03
D021 Chlorobenzene 108-90-7 100.0
D022 Chloroform 67-66-3 6.0
D007 Chromium 7440-47-3 5.0
D023 o-Cresol 95-48-7 *200.0
D024 m-Cresol 108-39-4 *200.0
D025 p-Cresol 106-44-5 *200.0
D026 Cresol *200.0
D016 2,4-D 94-75-7 10.0
D027 1,4-Dichlorobenzene 106-46-7 7.5
D028 1,2-Dichloroethane 107-06-2 0.5
D029 1,1-Dichloroethylene 75-35-4 0.7
D030 2,4-Dinitrotoluene 121-14-2 0.13
D012 Endrin 72-20-8 0.02
D031 Heptachlor (and its epoxide) 76-44-8 0.008
D032 Hexachlorobenzene 118-74-1 0.13
D033 Hexachlorobutadiene 87-68-3 0.5
D034 Hexachloroethane 67-72-1 3.0
D008 Lead 7439-92-1 5.0
D013 Lindane 58-89-9 0.4
D009 Mercury 7439-97-6 0.2
D014 Methoxychlor 72-43-5 10.0
D035 Methyl ethyl ketone 78-93-3 200.0
D036 Nitrobenzene 98-95-3 2.0
D037 Pentachlorophenol 87-86-5 100.0
D038 Pyridine 110-86-1 5.0
D010 Selenium 7782-49-2 1.0
D011 Silver 7440-22-4 5.0
D039 Tetrachloroethylene 127-18-4 0.7
D015 Toxaphene 8001-35-2 0.5
D040 Trichloroethylene 79-01-6 0.5
D041 2,4,5-Trichlorophenol 95-95-4 400.0
D042 2,4,6-Trichlorophenol 88-06-2 2.0
D017 2,4,5-TP (Silvex) 93-72-1 1.0
D043 Vinyl chloride 75-01-4 0.2

*If o-, m-, and p-cresol concentrations cannot be differentiated, the total cresol (D026) concentration is used. The regulatory level of total cresol is 200 milligrams per liter.

Statutory Authority:

MS s 14.07; 116.07; 116.37

History:

9 SR 115; L 1987 c 186 s 15; 15 SR 1878; 16 SR 2239; 20 SR 715; 33 SR 2042

Published Electronically:

October 10, 2013