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TITLE 30ENVIRONMENTAL QUALITY
PART 1TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
CHAPTER 335INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE
SUBCHAPTER RWASTE CLASSIFICATION
RULE §335.504Hazardous Waste Determination

A person who generates a solid waste must determine if that waste is hazardous using the following method:

  (1) Determine if the material is excluded or exempted from being a solid waste or hazardous waste per §335.1 of this title (relating to Definitions) or identified in 40 Code of Federal Regulations (CFR) Part 261, Subpart A, as amended through March 18, 2010 (75 FR 12989), or identified in 40 CFR Part 261, Subpart E, as amended through July 28, 2006 (71 FR 42928).

  (2) If the material is a solid waste, determine if the waste is listed as, or mixed with, or derived from a listed hazardous waste identified in 40 CFR Part 261, Subpart D, as amended through March 18, 2010 (75 FR 12989).

  (3) If the material is a solid waste, determine whether the waste exhibits any characteristics of a hazardous waste as identified in 40 CFR Part 261, Subpart C, as amended through March 18, 2010 (75 FR 12989).


Source Note: The provisions of this §335.504 adopted to be effective November 27, 1992, 17 TexReg 8010; amended to be effective November 23, 1993, 18 TexReg 8218; amended to be effective March 6, 1996, 21 TexReg 2400; amended to be effective November 15, 2001, 26 TexReg 9135; amended to be effective August 16, 2007, 32 TexReg 5010; amended to be effective October 29, 2009, 34 TexReg 7321; amended to be effective February 21, 2013, 38 TexReg 978

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