|(a) All industrial solid and municipal hazardous waste
generated, stored, processed, transported, or disposed of in the state
shall be classified according to the provisions of this subchapter.
(1) All solid waste shall be classified at the point
of generation of the waste. A generator may not dilute a waste to
avoid a Class 1 classification; however, combining nonhazardous waste
streams for subsequent legitimate processing, storage, or disposal
does not constitute dilution and is acceptable. Wastes shall be classified
prior to, and following any type of processing or mixing of the waste.
Hazardous waste and industrial solid waste are subject to the waste
management requirements of this chapter.
(2) All industrial solid and municipal hazardous waste
shall be classified as either:
(B) Class 1;
(C) Class 2; or
(D) Class 3.
(3) A person who generates a solid waste shall first
determine if that waste is hazardous pursuant to §335.504 of
this title (relating to Hazardous Waste Determination).
(4) After making the hazardous waste determination
as required in paragraph (3) of this subsection, if the waste is determined
to be nonhazardous, the generator shall then classify the waste as
Class 1, Class 2, or Class 3, pursuant to §§335.505 - 335.507
of this title (relating to Class 1 Waste Determination, Class 2 Waste
Determination, and Class 3 Waste Determination) using one or more
of the following methods:
(A) use the criteria for waste classification as provided
in §§335.505 - 335.507 of this title;
(B) use process knowledge as provided in §335.511
of this title (relating to Use of Process Knowledge);
(C) classify the waste as directed under §335.508
of this title (relating to Classification of Specific Industrial Wastes);
(D) choose to classify a nonhazardous waste as Class
1 without any analysis to support that classification. However, documentation
(analytical data and/or process knowledge) is necessary to classify
a waste as Class 2 or Class 3, pursuant to §335.513 of this title
(relating to Documentation Required).
(b) All industrial solid waste and municipal hazardous
waste generated, stored, processed, transported or disposed of in
the state shall be coded with an eight-digit waste code number that
consists of a four-character sequence number followed by a three-digit
form code provided in §335.521(c) of this title (relating to
Appendix 3) followed by one-character, H, 1, 2, or 3, depicting the
waste classification identified in subsection (a)(2) of this section.
Procedures for assigning sequence numbers are outlined as follows.
(1) The four-character sequence number consists of
alpha and/or numeric characters.
(2) Registered generators must assign a unique numeric
sequence number between 0001 to 9999 to each individual waste. Sequence
numbers need not be assigned in sequential order.
(3) The executive director will provide unregistered
generators a sequence number for each regulated waste it generates,
which may be a combination of alpha and numeric characters.
(4) Generators of wastes resulting from a spill may
obtain a sequence number for the spill related wastes from the agency's
Emergency Response Section.
(5) Out-of-state generators must use the sequence number
"OUTS" as the first four characters of the waste code.
(6) A generator that meets the conditions of an applicable
exemption from manifesting requirements that manifests their hazardous
and/or Class 1 nonhazardous waste must use the sequence number "VSQG"
as the first four characters of the waste code.
(7) A facility which receives and consolidates like
waste from a person who meets the conditions for exemption for a very
small quantity generator and generated less than 100 kilograms of
non-acute hazardous waste, 1 kilogram of acute hazardous waste, and
100 kilograms of Class 1 industrial waste in the calendar month during
which the waste was generated must use the sequence number "VSQG"
as the first four characters of the waste code for any manifesting
and/or reporting associated with that waste.
(8) A facility which receives a waste from off-site
and consolidates that waste with other like waste received from off-site,
other than its own (thus not changing the form code of the waste stream
or its composition, hazardous waste classification, or Texas waste
class), or stores a waste without treating, processing (as defined
in §335.1 of this title (relating to Definitions), and without
changing the form or composition of that waste may use the sequence
number "TSDF" as the first four characters of the waste code. The
sequence number TSDF may not be used to identify wastes which are
treated or altered or combined with unlike wastes. The sequence number
TSDF is only to be used by facilities that store and/or accumulate
a quantity of wastes from more than one site for subsequent shipment
to a treatment or disposal facility.
(9) A healthcare facility shipping non-creditable hazardous
waste pharmaceuticals to a designated facility must use the sequence
number "PHRM" as the first four characters of the waste code.
|Source Note: The provisions of this §335.503 adopted to be effective November 27, 1992, 17 TexReg 8010; amended to be effective February 24, 1994, 19 TexReg 1042; amended to be effective April 24, 1995, 20 TexReg 2709; amended to be effective May 30, 1995, 20 TexReg 3722; amended to be effective March 1, 1996, 21 TexReg 1425; amended to be effective November 15, 2001, 26 TexReg 9135; amended to be effective January 8, 2015, 40 TexReg 77; amended to be effective February 3, 2022, 47 TexReg 318