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 335.505 - Class 1 Waste Determination

Current through Reg. 49, No. 28; July 12, 2024
A nonhazardous industrial solid waste is a Class 1 waste
					 if:
(1) it contains specific
				  constituents which equal or exceed the levels listed in §
										335.521(a)(1)
				  of this title (relating to Appendix 1, Table 1) as determined by the methods
				  outlined in this section. A nonhazardous waste is a Class 1 waste if, using the
				  test methods described in 40 CFR Part 261 Appendix II, or equivalent methods
				  approved by the executive director under the procedures set forth in §
										335.509
				  of this title (relating to Waste Analysis), the extract from a representative
				  sample of the waste contains any of the contaminants listed in
				  §335.521(a)(1) at a concentration equal to or greater than the Maximum
				  Concentration given in that table. Information on representative samples is set
				  forth in §
										335.509
				  of this title (relating to Waste Analysis). Where matrix interferences of the
				  waste cause the Practical Quantitation Limit (PQL) of the specific analysis to
				  be greater than the Maximum Concentration listed in §335.521(a)(1), then
				  the achievable PQL becomes the Maximum Concentration, provided that the
				  generator maintains documentation which would satisfactorily demonstrate to the
				  executive director that lower levels of quantitation of a sample are not
				  possible. A satisfactory demonstration includes the results from the analysis
				  of the waste for that specific analyte by a laboratory utilizing an appropriate
				  method described in "Test Methods for the Evaluation of Solid Waste,
				  Physical/Chemical Methods" (EPA SW-846), "Methods for Chemical Analysis of
				  Water and Wastes" (EPA-600/4-79/020), "Standard Methods for the Examination of
				  Water and Wastewater," "American Society for Testing and Materials (ASTM)
				  Standard Methods," any EPA-approved method, or an equivalent method approved by
				  the executive director under procedures set forth in §
										335.509
				  of this title (relating to Waste Analysis);
(2) it is Class 1 ignitable. A nonhazardous
				  waste is Class 1 ignitable if a representative sample of the waste has any of
				  the following properties:
(A) it is liquid
				  and has a flash point less than 65.6 degrees Celsius (150 degrees Fahrenheit),
				  as determined by a Pensky-Martens Closed Cup Tester, using the test method
				  specified in ASTM Standard D-93-79 or D-93-80, or a Setaflash Closed Cup
				  Tester, using the test method specified in ASTM Standard D-3278-78 or as
				  determined by an equivalent test method approved by the executive director
				  under procedures set forth in §
											335.509
				  of this title (relating to Waste Analysis); or
(B) it is a physical solid or semi-solid
				  under which conditions normally incident to storage, transportation, and
				  disposal is capable of causing fires through friction, or retained heat from
				  manufacturing or processing, or which can be ignited readily, and when ignited
				  burns both vigorously and persistently such that it creates a serious hazard.
				  Included in this class are spontaneously combustible and water-reactive
				  materials, including but not necessarily limited to the substances listed in
				  §
											335.521(a)(2)
				  of this title (relating to Appendix 1, Table 2) and found in 49 CFR Part 173
				  Subchapter E. Generators should demonstrate that a waste with significant
				  concentrations of these constituents is not Class 1 ignitable;