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In California the individual generating the waste must determine if the waste generated meets the criteria of hazardous waste as defined in 22 CCR section 66261.3.
The regulations governing hazardous waste identification, classification, generation, management and disposal are found in title 40 CFR parts 260 through 273.
261.5. 40 CFR �261.5 Special requirements for hazardous waste generated by conditionally exempt small quantity generators. (a) A generator is a conditionally exempt small quantity generator in a calendar month if he generates no more than 100 kilograms of hazardous waste in that month.

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Intermediate rail transporters are not required to keep records pursuant to these regulations.
Listed wastes are wastes from common manufacturing and industrial processes, specific industries and can be generated from discarded commercial products. Characteristic wastes are wastes that exhibit any one or more of the following characteristic properties: ignitability, corrosivity, reactivity or toxicity.
(a) The hazardous waste determination for each solid waste must be made at the point of waste generation, before any dilution, mixing, or other alteration of the waste occurs, and at any time in the course of its management that it has, or may have, changed its properties as a result of exposure to the environment or
The hazardous waste categories include acutely hazardous waste, extremely hazardous waste, non-RCRA hazardous waste, RCRA hazardous waste, special waste and universal waste. DTSC has provided a self-paced internet course on hazardous waste identification to further assist in properly identifying waste.
Hazardous Secondary Material is a used or spent product, by-product or sludge that, when discarded, would be identified as a hazardous waste under Code of Federal Regulations 40 C.F.R.

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