(1) For the purposes of section 138 of the Act, the following types of waste are prescribed to be priority waste—
(a) industrial waste that is classified as priority waste under regulation 61 or 62;
(b) industrial waste that, had it been classified under regulation 61 or 62, would be classified as priority waste.
(2) Despite subregulation (1), waste is not prescribed to be priority waste if the waste is classified as not priority waste in an applicable designation issued by the Authority.