§ 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
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.

4. Uniform treatment of waste. All waste resulting from the
exploration, development, extraction or production of crude oil or
natural gas, including but not limited to drilling fluids and produced
waters, shall be considered hazardous waste under the law of this state
and subject to all pertinent generation, transportation, treatment,
storage, and disposal laws and regulations, if such waste meets the
definition of hazardous waste set forth in subdivision three of section
27-0901 of this chapter. Within six months from the effective date of
this subdivision, the department shall make all necessary changes to
bring its regulations into compliance with this section.