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RULE §335.511Use of Process Knowledge

(a) Generators using knowledge of the waste and the process producing the waste to classify or assist in classifying a waste as hazardous shall comply with §335.504 of this title (relating to Hazardous Waste Determination). Generators using knowledge of the waste to classify or assist in classifying a waste as Class 1, Class 2, or Class 3 shall comply with this section and consider the waste origin, composition, the process producing the waste, feedstock, and other reliable and relevant information. Process knowledge must be documented and maintained on-site pursuant to §335.513 of this title (relating to Documentation Required), and 40 CFR §262.11(f) as adopted by reference under §335.53 of this title (relating to General Standards Applicable to Generators of Hazardous Waste). 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 reliable and relevant 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 in §335.521 of this title (relating to Appendices) 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 of §335.521 of this title 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 Toxicity Characteristic Leaching Procedure (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 extract.

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; amended to be effective February 3, 2022, 47 TexReg 318

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