Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter R - WASTE CLASSIFICATION › Section 335.504 - Hazardous Waste Determination

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Hazardous waste determination. A person who generates a solid waste, as defined
				  in §
										335.1 of
				  this title (relating to Definitions), must make an accurate determination as to
				  whether that waste is a hazardous waste in order to ensure wastes are properly
				  managed according to applicable Resource Conservation and Recovery Act (RCRA)
				  and Texas Administrative Code regulations. The hazardous waste determination
				  for each solid waste must be made at the point of waste generation, before any
				  dilution, mixing, or other alteration of the waste occurs, and at any time in
				  the course of its management that it has, or may have, changed its properties
				  as a result of exposure to the environment or other factors that may change the
				  properties of the waste such that the RCRA classification of the waste may
				  change. A hazardous waste determination is made using the following steps:
(1) A person must determine whether the
				  material is excluded or exempted from regulation as a solid waste or as
				  hazardous waste under the definition of solid waste in §
											335.1 of
				  this title or identified in 40 Code of Federal Regulations (CFR) Part 261,
				  Subpart A as amended in the
Federal Register
through February
				  22, 2019 (84 FR 5816), or Subpart E as amended in the Federal Register through
				  August 6, 2018 (83 FR 38262) or identified in 40 Code of Federal Regulations
				  (CFR) Part 261, Subpart A or E, as amended through November 28, 2016 (81 FR
				  85696)].
(2) If the waste is not
				  excluded from regulation as a solid waste, the person must then use knowledge
				  of the waste to determine whether the waste is a hazardous waste because it
				  meets any of the listing descriptions, or is mixed with or derived from a waste
				  that meets any of the listing descriptions identified in 40 CFR Part 261 ,
				  Subpart D, as amended in the
Federal Register
through February
				  22, 2019 (84 FR 5816). Acceptable knowledge that may be used in making an
				  accurate determination as to whether the waste is listed may include waste
				  origin, composition, the process producing the waste, feedstock, and other
				  reliable and relevant information.
(3) The person must also determine whether
				  the waste exhibits one or more hazardous characteristics as identified in 40
				  CFR Part 261, Subpart C, as amended in the
Federal Register
through March 18, 2010 (75 FR 12989) by following the procedures in
				  subparagraph (A) or (B) of this paragraph or a combination of both.
(A) The person must apply knowledge of the
				  hazard characteristic of the waste in light of the materials or the processes
				  used to generate the waste. Acceptable knowledge may include process knowledge
				  (e.g., information about chemical feedstocks and other inputs to the production
				  process); knowledge of products, by-products, and intermediates produced by the
				  manufacturing process; chemical or physical characterization of wastes;
				  information on the chemical and physical properties of the chemicals used or
				  produced by the process or otherwise contained in the waste; testing that
				  illustrates the properties of the waste; or other reliable and relevant
				  information about the properties of the waste or its constituents. A test other
				  than a test method set forth in 40 CFR Part 261, Subpart C or an equivalent
				  test method approved by the United States Environmental Protection Agency (EPA)
				  Administrator under
				  40 CFR
				  §
													260.21, or by the executive director
				  under §
												335.509
				  of this title (relating to Waste Analysis), may be used as part of a person's
				  knowledge to determine whether a solid waste exhibits a characteristic of
				  hazardous waste. However, such tests do not, by themselves, provide definitive
				  results. Persons testing their waste must obtain a representative sample, as
				  defined in §
												335.1 of
				  this title, of the waste for the testing,
(B) When available knowledge is inadequate to
				  make an accurate determination, the person must test the waste according to the
				  applicable methods set forth in 40 CFR Part 261, Subpart C or according to an
				  equivalent method approved by the EPA Administrator under
				  40 CFR
				  §
													260.21, or approved by the executive
				  director under §
												335.509
				  of this title, and in accordance with the following:
(i) Persons testing their waste must obtain a
				  representative sample, as defined in §
													335.1 of
				  this title, of the waste for the testing.
(ii) Where a test method is specified in 40
				  CFR Part 261, Subpart C, the results of the regulatory test, when properly
				  performed, are definitive for determining the regulatory status of the
				  waste.