(a) A person who generates a solid waste, as defined in this chapter, must determine if that waste is a hazardous waste using the following method:
(1) First, determine whether the waste is excluded from regulation according to the method set forth in 40 CFR 261.4, which is hereby incorporated by reference;
(2) Second, determine if the waste is listed as a hazardous waste in subpart D of 40 CFR part 261, which is hereby incorporated by reference;
(3) For purposes of compliance with this chapter, or if the waste is not listed in subpart D of 40 CFR part 261, the generator must determine whether the waste is identified by either:
(A) testing the waste according to the methods set forth in subpart C of 40 CFR part 261; or
(B) applying knowledge of the hazard characteristic(s) of the waste in light of the materials or the processes used.
(b) If a waste is determined to be hazardous, the generator must abide by these standards and regulations as they apply to the particular waste generated, and comply with the provisions of 24.0820 relating to preparation, maintenance and approval of hazardous waste management and emergency response plans.History: Rule 02-01, eff 30 Aug 01.