mixture had not occurred or if it continues to exceed the maximum concentration for any
contaminant exceeded by the nonexempt waste prior to mixture.
§
261.3(b)(3)
(b) A solid waste which is not excluded from regulation under paragraph (a)(1) of this section
becomes a hazardous waste when any of the following events occur:
(1) In the case of a waste listed in subpart D of this part, when the waste first meets the listing
description set forth in subpart D of this part.
(2) In the case of a mixture of solid waste and one or more listed hazardous wastes, when a
hazardous waste listed in subpart D is first added to the solid waste.
(3) In the case of any other waste (including a waste mixture), when the waste exhibits any of the
characteristics identified in subpart C of this part.
§ 261.3(c)(1)
(c) Unless and until it meets the criteria of paragraph (d) of this section:
(1) A hazardous waste will remain a hazardous waste.
§ 261.3(d)(1)
(d) Any solid waste described in paragraph (c) of this section is not a hazardous waste if it meets
the following criteria:
(1) In the case of any solid waste, it does not exhibit any of the characteristics of hazardous
waste identified in subpart C of this part. (However, wastes that exhibit a characteristic at the
point of generation may still be subject to the requirements of part 268, even if they no longer
exhibit a characteristic at the point of land disposal.)
[57 FR 7632, Mar. 3, 1992; 57 FR 23063, June 1, 1992, as amended at 57 FR 37263, Aug. 18,
1992; 57 FR 41611, Sept. 10, 1992; 57 FR 49279, Oct. 30, 1992; 59 FR 38545, July 28, 1994; 60
FR 7848, Feb. 9, 1995; 63 FR 28637, May 26, 1998; 63 FR 42184, Aug. 6, 1998; 66 FR 27297,
May 16, 2001; 66 FR 50333, Oct. 3, 2001; 70 FR 34561, June 14, 2005; 70 FR 57784, Oct. 4,
2005; 71 FR 40258, July 14, 2006]
§
261.10 Criteria for identifying the characteristics of hazardous waste
(a) The Administrator shall identify and define a characteristic of hazardous waste in subpart C
only upon determining that:
(1) A solid waste that exhibits the characteristic may:
10
