Section 27-0903. Identification and listing of hazardous waste

1.   The   commissioner  shall  promulgate  regulations  in  a  manner
  consistent with the state administrative procedure  act,  setting  forth
  the  criteria  for identification and listing of hazardous wastes. Based
  on these criteria, the commissioner shall promulgate a list of hazardous
  wastes (which list shall also  include  a  sublist  of  acute  hazardous
  wastes)  and  shall  identify  hazardous  waste  by characteristic, in a
  manner at  least  as  stringent  as  promulgated  by  the  administrator
  pursuant to RCRA. The list of hazardous wastes and the identification of
  hazardous waste by characteristic shall determine those hazardous wastes
  which shall be subject to this title.
    2.  Where appropriate and consistent with the provisions of RCRA, such
  regulations shall provide for exemptions from  the  provisions  of  this
  title  for  the  management  of  small  quantities  of  wastes listed or
  identified as hazardous when  generated  by  research  and  limited  use
  operations.
    3.  The  regulations setting forth the criteria for identification and
  listing, and the list of, hazardous wastes subject to this title may  be
  amended by the commissioner from time to time as appropriate, based upon
  hazardous  waste  conditions  of  particular relevance to the state. The
  commissioner may promulgate the appropriately amended  regulations  only
  after  approval of the state environmental board based upon a showing of
  the  circumstances  constituting  the  hazardous  waste  conditions   of
  particular relevance to this state, and then in a manner consistent with
  the state administrative procedure act.