Section 329IAC11-2-49.5. "Waste determination" defined

  5. "Waste determination" means the documented process of determining the qualitative and quantitative nature of a particular waste in order to establish the regulatory status of the waste and determine if the waste must be treated, processed, stored, and disposed under the hazardous waste rules at 329 IAC 3.1, the PCB rules at 329 IAC 4.1, or the solid waste rules at 329 IAC 10 or this article. The regulatory status may be determined using either generator knowledge or testing by the methods in 40 CFR 261, Subpart C, or an appropriate method to ascertain one (1) of the following:

(1) The waste is a hazardous waste under 40 CFR 262.11 and is regulated under 329 IAC 3.1 because of the following:

(A) The waste is not excluded from regulation under 40 CFR 261.4.

(B) The waste is a listed waste under 40 CFR 261, Subpart D.

(C) The waste exhibits characteristics specified in 40 CFR 261, Subpart C.

(2) The waste:

(A) contains regulated amounts of PCBs; and

(B) is regulated under 329 IAC 4.1.

(3) The waste:

(A) is a solid waste; and

(B) may be processed under this article and disposed of under 329 IAC 10.

  *Note: All federal regulations cited in this section are incorporated by reference as revised July 1, 2008. Sales of the Code of Federal Regulations are handled by the Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 15250-7954, or online at http://bookstore.gpo.gov/. The telephone number for the Superintendent of Documents is [phone] or toll-free [phone]. The incorporated materials are available for public review at the offices of the department of environmental management. (Solid Waste Management Division; 329 IAC 11-2-49.5; filed Jun 28, 2010, 2:11 p.m.: 20100728-IR-329060070FRA; readopted filed Jun 6, 2016, 11:52 a.m.: 20160706-IR-329160144BFA.1)