(i) Cause, or significantly contribute to, an increase in mortality or an increase in serious
irreversible, or incapacitating reversible, illness; or
(ii) Pose a substantial present or potential hazard to human health or the environment when it is
improperly treated, stored, transported, disposed of or otherwise managed; and
(2) The characteristic can be:
(i) Measured by an available standardized test method which is reasonably within the capability
of generators of solid waste or private sector laboratories that are available to serve generators of
solid waste; or
(ii) Reasonably detected by generators of solid waste through their knowledge of their waste.
(b) [Reserved]
PART 262 – Standards Applicable to Generators of Hazardous Waste
Subpart
§ 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.
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