|(a) Generators may use their existing knowledge about the process
to classify or assist in classifying a waste as hazardous, Class 1, Class
2, or Class 3. Process knowledge must be documented and maintained on-site
pursuant to §335.513 of this title (relating to Documentation Required).
Material safety data sheets, manufacturers' literature, and other documentation
generated in conjunction with a particular process may be used to classify
a waste provided that the literature provides sufficient information about
the waste and addresses the criteria set forth in §§335.504 - 335.508
of this title (relating to Hazardous Waste Determination, Class 1 Waste Determination,
Class 2 Waste Determination, Class 3 Waste Determination, and Classification
of Specific Industrial Solid Wastes). For classes other than hazardous or
Class 1, a generator must be able to demonstrate requisite knowledge of his
or her process by satisfying all of the following.
(1) The generator must have a full description of the process,
including a list of chemical constituents that enter the process. Constituents
listed in Appendix 1 of this subchapter must be addressed in this description.
(2) The generator must have a full description of the waste,
including a list of chemical constituents likely to be in the waste. This
list should be based on paragraph (1) of this subsection.
(3) The generator may develop a subset of Appendix 1 constituents
by which to evaluate the waste utilizing the information from paragraphs (1)
and (2) of this subsection.
(4) Documentation of the waste classification must be maintained
and, if requested or required, provided to the executive director pursuant
to §335.513 of this title.
(b) If the total concentration of the constituents demonstrates
that individual analytes are not present in the waste, or that they are present
but at such low concentrations that the appropriate maximum leachable concentrations
could not possibly be exceeded, the TCLP extraction procedure discussed in §335.505(1)
of this title need not be run. If an analysis of any one of the liquid fractions
of the TCLP extract indicates that a regulated constituent is present at such
high concentrations that, even after accounting for dilution from the other
fractions of the extract, the concentration would be equal to or greater than
the maximum leachable concentration for that constituent, then the waste is
Class 1, and it is not necessary to analyze the remaining fractions of the
|Source Note: The provisions of this §335.511 adopted to be effective November 27, 1992, 17 TexReg 8010; amended to be effective February 24, 1994, 19 TexReg 1042; amended to be effective November 15, 2001, 26 TexReg 9135