The following nonhazardous industrial solid wastes shall be
classified no less stringently than according to the provisions of
this section.
(1) Industrial solid waste containing asbestos material
identified as regulated asbestos containing material (RACM), as defined
in 40 Code of Federal Regulations (CFR) Part 61, shall be classified
as a Class 1 waste.
(2) Empty containers that are a solid waste as defined
in §335.1 of this title (relating to Definitions) shall be subject
to the following criteria:
(A) A container which has held a Hazardous Substance
as defined in 40 CFR Part 302, a Hazardous waste, a Class 1 waste,
or a material which would be classified as a Hazardous or Class 1
waste if disposed of, and is empty per §335.41(f)(2) of this
title (relating to Purpose, Scope and Applicability concerning empty
containers):
(i) shall be classified as a Class 1 waste;
(ii) may be classified as a Class 2 waste if the container
has a capacity of five gallons or less; or
(iii) may be classified as a Class 2 waste if the container
has a capacity greater than five gallons and:
(I) the residue has been completely removed either
by triple rinsing with a solvent capable of removing the waste, by
hydroblasting, or by other methods which remove the residue; and
(II) the container has been crushed, punctured, or
subjected to other mechanical treatment which renders the container
unusable; or
(iv) may be classified as a Class 2 waste if the container
is to be sent for recycling and:
(I) the residue has been completely removed either
by triple rinsing with a solvent capable of removing the waste, by
hydroblasting, or by other methods which remove the residue; and
(II) the container is not regulated under the Federal
Insecticide, Fungicide and Rodenticide Act (FIFRA) 40 CFR Part 165;
and
(III) the generator maintains documentation in accordance
with §335.513 of this title (relating to Documentation Required)
that demonstrates the container is being recycled; and
(IV) the recycling activity involves shredding, dismantling,
scrapping, melting, or other method that renders the container unusable.
(B) A container which has held a Class 2 waste shall
be classified as a Class 2 waste.
(C) Aerosol cans that have been depleted of their contents,
such that the inner pressure of the can equals atmospheric pressure
and minimal residues remain in the can, may be classified as a Class
2 wastes.
(3) Plant trash refers only to paper, cardboard, food
wastes, and general plant trash. These wastes shall be subject to
the following classification criteria.
(A) The form code 999 ("PLANT TRASH") refers only to
Class 2 waste originating in the facility offices or plant production
area that is composed of paper, cardboard, linings, wrappings, paper
and/or wooden packaging materials, food wastes, cafeteria waste, glass,
aluminum foil, aluminum cans, aluminum scrap, stainless steel, steel,
iron scrap, plastics, styrofoam, rope, twine, uncontaminated rubber,
uncontaminated wooden materials, equipment belts, wirings, uncontaminated
cloth, metal bindings, empty containers with a holding capacity of
five gallons or less, uncontaminated floor sweepings, and/or food
packaging, that are produced as a result of plant production, manufacturing,
laboratory, general office, cafeteria, or food services operations.
Also included in plant trash are personal cosmetics generated by facility
personnel, excluding those cosmetics generated as a result of manufacturing
or plant production operations. Plant refuse shall not include oils,
lubricants of any type, oil filters, contaminated soils, sludges,
wastewaters, bulk liquids of any type, or Special Wastes as defined
by §330.3 of this title (relating to Definitions).
(B) The form code 902 ("SUPPLEMENTAL PLANT PRODUCTION
REFUSE") only applies to Class 2 Waste from production, manufacturing,
or laboratory operations. The total amount of the supplemental plant
production refuse (form code 902) shall not exceed 20% of the annual
average of the total plant refuse (form code 999) volume or weight,
whichever is less. Individual wastes which have been designated supplemental
plant production refuse may be designated by the generator at a later
time as a separate waste in order to maintain the supplemental plant
production refuse at or below 20% of the appropriate plant refuse
amount. For any waste stream included with, removed from, or added
to the supplemental plant refuse designation (form code 902), the
generator must provide the notification information required pursuant
to this subchapter.
(4) Medical wastes which are subject to the provisions
of Chapter 326 of this title (relating to Medical Waste Management)
shall be designated as Class 2 wastes.
(5) Media contaminated by a material containing greater
than or equal to 50 parts per million total polychlorinated biphenyls
(PCBs) and wastes containing greater than or equal to 50 ppm PCBs
shall be classified as Class 1.
(6) Wastes which are petroleum substances or contain
contamination from petroleum substances, as defined in §335.1
of this title shall be classified as a Class 1 waste until a generator
demonstrates that the waste's total petroleum hydrocarbon concentration
(TPH) is less than or equal to 1,500 parts per million (ppm). Where
hydrocarbons cannot be differentiated into specific petroleum substances,
then such wastes with a TPH concentration of greater than 1,500 ppm
shall be classified as a Class 1 waste. Wastes resulting from the
cleanup of leaking underground storage tanks (USTs) which are regulated
under Chapter 334, Subchapter K of this title (relating to Storage,
Treatment and Reuse Procedures for Petroleum Substance Contaminated
Soil) are not subject to classification under this subchapter.
(7) Wastes generated by the mechanical shredding of
automobiles, appliances, or other items of scrap, used, or obsolete
metals shall be handled according to the provisions set forth in Texas
Health and Safety Code, §361.019, until the commission develops
specific standards for the classification of this waste and assures
adequate disposal capacity.
(8) If a nonhazardous industrial solid waste is generated
as a result of commercial production of a "new chemical substance"
as defined by the federal Toxic Substances Control Act, 15 United
States Code §2602(9), the generator shall notify the executive
director prior to the processing or disposal of the waste and shall
submit documentation requested under §335.513(b) and (c) of this
title for review. The waste shall be managed as a Class 1 waste, unless
the generator can provide appropriate analytical data and/or process
knowledge which demonstrates that the waste is Class 2 or Class 3,
and the executive director concurs. If the generator has not received
concurrence from the executive director within 120 days from the date
of the request for review, the generator may manage the waste according
to the requested classification, but not prior to giving ten working
days written notice to the executive director.
(9) All nonhazardous industrial solid waste generated
outside the state of Texas and transported into or through Texas for
processing, storage, or disposal shall be classified as:
(A) Class 1; or
(B) may be classified as a Class 2 or Class 3 waste
if:
(i) the material satisfies the Class 2 or Class 3 criteria
as defined in §§335.506, 335.507 or 335.508 of this title
(relating to Class 2 Waste Determination; Class 3 Waste Determination;
Classification of Specific Industrial Solid Wastes); and
(ii) a request for Class 2 or Class 3 waste determination
is submitted to the executive director accompanied by all supporting
documentation as required by §335.513 of this title. Waste generated
out-of-state may be assigned a Class 2 or Class 3 classification only
after approval by the executive director.
(10) Wastes which are hazardous solely because they
exhibit a hazardous characteristic, which are not considered hazardous
debris as defined in 40 CFR §268.2(g), which are subsequently
stabilized and no longer exhibit a hazardous characteristic and which
meet the land disposal restrictions as defined in 40 CFR Part 268
may be classified according to the Class 1 or Class 2 classification
criteria as defined in §§335.505, 335.506, and 335.508 of
this title.
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