[Code of Federal Regulations]
[Title 40, Volume 23]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR262.11]

[Page 162]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 262--STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE--Table of Contents
 
                           Subpart A--General
 
Sec. 262.11  Hazardous waste determination.

    A person who generates a solid waste, as defined in 40 CFR 261.2, 
must determine if that waste is a hazardous waste using the following 
method:
    (a) He should first determine if the waste is excluded from 
regulation under 40 CFR 261.4.
    (b) He must then determine if the waste is listed as a hazardous 
waste in subpart D of 40 CFR part 261.

    Note: Even if the waste is listed, the generator still has an 
opportunity under 40 CFR 260.22 to demonstrate to the Administrator that 
the waste from his particular facility or operation is not a hazardous 
waste.

    (c) For purposes of compliance with 40 CFR part 268, or if the waste 
is not listed in subpart D of 40 CFR part 261, the generator must then 
determine whether the waste is identified in subpart C of 40 CFR part 
261 by either:
    (1) Testing the waste according to the methods set forth in subpart 
C of 40 CFR part 261, or according to an equivalent method approved by 
the Administrator under 40 CFR 260.21; or
    (2) Applying knowledge of the hazard characteristic of the waste in 
light of the materials or the processes used.
    (d) If the waste is determined to be hazardous, the generator must 
refer to parts 261, 264, 265, 266, 268, and 273 of this chapter for 
possible exclusions or restrictions pertaining to management of the 
specific waste.

[45 FR 33142, May 19, 1980, as amended at 45 FR 76624, Nov. 19, 1980; 51 
FR 40637, Nov. 7, 1986; 55 FR 22684, June 1, 1990; 56 FR 3877, Jan. 31, 
1991; 60 FR 25541, May 11, 1995]