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To know whether you are regulated under state or federal waste
rules, follow these steps:
- Determine if you have a solid
waste.
- Determine what type of
solid waste you have:
- Find out if you may request a waste
classification variance.
- Prepare for a TCEQ waste audit. (This
step will occur even if a permit is not required).
- Are
you exempt from permitting?
Determine if you have a solid waste.
Solid waste is defined in 40 Code of Federal Regulations (CFR)
§261.2 and 30 Texas Administrative Code (TAC)
§335.1(131). If your waste meets the definition of a
solid waste, you will have to determine what
type of solid waste you have.
Contact
us if you have questions.
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Is the solid waste a hazardous waste?
Hazardous waste is defined as any solid waste listed as
hazardous or possesses one or more hazardous characteristics as
defined in federal waste regulations.
See Classifying
and Coding of Industrial and Hazardous Waste
(RG-022) for more information.
Contact
us if you have questions.
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Is the solid waste an industrial waste?
Industrial waste is waste that results from or is incidental to
operations of industry, manufacturing, mining, or agriculture.
Industrial waste may be hazardous or
nonhazardous. Nonhazardous industrial waste has three
classifications.
See Classifying
and Coding of Industrial and Hazardous Waste (RG-022) for
more information.
Contact
us if you have questions.
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Is the solid waste a municipal solid waste?
Municipal solid waste (MSW) is waste resulting from or
incidental to municipal, community, commercial, institutional, and
recreational activities. MSW includes garbage, rubbish, ashes,
street cleanings, dead animals, abandoned automobiles, and all
other solid waste other than industrial waste.
For more information regarding municipal solid waste, please see
the municipal solid waste
index.
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us if you have questions.
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Request a waste classification variance.
The TCEQ may grant variances from the waste classification rules
(30 TAC Chapter 335 Subchapter R ) on a case-by-case basis.
Contact
us if you have questions.
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Prepare for a TCEQ waste audit.
To ensure proper classification and coding of waste in Texas, we
randomly audit a number of waste stream notifications each year.
When a generator receives a request for information for the purpose
of an audit, the information that a generator has gathered to
classify and code his waste stream must be submitted to the
TCEQ.
Generators should keep documentation that provides a basis for a
waste classification determination. The documentation should
clearly describe the rationale for the waste classification, and
should include documentation of analyses and process knowledge as
appropriate.
See Classifying
and Coding of Industrial and Hazardous Waste (RG-022) for
more information.
Contact
us if you have questions.
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