R315-261-11. Criteria for Listing Hazardous Waste

  (a) The Board 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 Sections R315-261-20 through 24.

  (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 shall be designated Acute Hazardous Waste.

  (3) It contains any of the toxic constituents listed in Rule R315-261 appendix VIII and, after considering the following factors, the Board 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 Subsection R315-261-11(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 non-harmful 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. Substances shall be listed on appendix VIII of Rule R315-261 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 shall be designated Toxic wastes.

  (b) The Board 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 19-6-102.

  (c) The Board shall use the criteria for listing specified in Section R315-261-11 to establish the exclusion limits referred to in Subsection R315-261-5(c).