(a) All industrial solid and municipal hazardous waste generated, stored, processed, transported, or disposed of in the state shall be classified according to the provisions of this subchapter.
  (1) All solid waste shall be classified at the point of generation of the waste. A generator may not dilute a waste to avoid a Class 1 classification; however, combining nonhazardous waste streams for subsequent legitimate processing, storage, or disposal does not constitute dilution and is acceptable. Wastes shall be classified prior to, and following any type of processing or mixing of the waste. Hazardous waste and industrial solid waste are subject to the waste management requirements of this chapter.
  (2) All industrial solid and municipal hazardous waste shall be classified as either:
    (A) hazardous;
    (B) Class 1;
    (C) Class 2; or
    (D) Class 3.
  (3) A person who generates a solid waste shall first determine if that waste is hazardous pursuant to §335.504 of this title (relating to Hazardous Waste Determination).
  (4) After making the hazardous waste determination as required in paragraph (3) of this subsection, if the waste is determined to be nonhazardous, the generator shall then classify the waste as Class 1, Class 2, or Class 3, pursuant to §§335.505 - 335.507 of this title (relating to Class 1 Waste Determination, Class 2 Waste Determination, and Class 3 Waste Determination) using one or more of the following methods:
    (A) use the criteria for waste classification as provided in §§335.505 - 335.507 of this title;
    (B) use process knowledge as provided in §335.511 of this title (relating to Use of Process Knowledge);
    (C) classify the waste as directed under §335.508 of this title (relating to Classification of Specific Industrial Wastes); or
    (D) choose to classify a nonhazardous waste as Class 1 without any analysis to support that classification. However, documentation (analytical data and/or process knowledge) is necessary to classify a waste as Class 2 or Class 3, pursuant to §335.513 of this title (relating to Documentation Required).
(b) All industrial solid waste and municipal hazardous waste generated, stored, processed, transported or disposed of in the state shall be coded with an eight-digit waste code number that consists of a four-character sequence number followed by a three-digit form code provided in §335.521(c) of this title (relating to Appendix 3) followed by one-character, H, 1, 2, or 3, depicting the waste classification identified in subsection (a)(2) of this section. Procedures for assigning sequence numbers are outlined as follows.
  (1) The four-character sequence number consists of alpha and/or numeric characters.
  (2) Registered generators must assign a unique numeric sequence number between 0001 to 9999 to each individual waste. Sequence numbers need not be assigned in sequential order.
  (3) The executive director will provide unregistered generators a sequence number for each regulated waste it generates, which may be a combination of alpha and numeric characters.
  (4) Generators of wastes resulting from a spill may obtain a sequence number for the spill related wastes from the agency's Emergency Response Section.
  (5) Out-of-state generators must use the sequence number "OUTS" as the first four characters of the waste code.
  (6) A generator that meets the conditions of an applicable exemption from manifesting requirements that manifests their hazardous and/or Class 1 nonhazardous waste must use the sequence number "VSQG" as the first four characters of the waste code.
  (7) A facility which receives and consolidates like waste from a person who meets the conditions for exemption for a very small quantity generator and generated less than 100 kilograms of non-acute hazardous waste, 1 kilogram of acute hazardous waste, and 100 kilograms of Class 1 industrial waste in the calendar month during which the waste was generated must use the sequence number "VSQG" as the first four characters of the waste code for any manifesting and/or reporting associated with that waste.
  (8) A facility which receives a waste from off-site and consolidates that waste with other like waste received from off-site, other than its own (thus not changing the form code of the waste stream or its composition, hazardous waste classification, or Texas waste class), or stores a waste without treating, processing (as defined in §335.1 of this title (relating to Definitions), and without changing the form or composition of that waste may use the sequence number "TSDF" as the first four characters of the waste code. The sequence number TSDF may not be used to identify wastes which are treated or altered or combined with unlike wastes. The sequence number TSDF is only to be used by facilities that store and/or accumulate a quantity of wastes from more than one site for subsequent shipment to a treatment or disposal facility.
  (9) A healthcare facility shipping non-creditable hazardous waste pharmaceuticals to a designated facility must use the sequence number "PHRM" as the first four characters of the waste code.

Source Note: The provisions of this §335.503 adopted to be effective November 27, 1992, 17 TexReg 8010; amended to be effective February 24, 1994, 19 TexReg 1042; amended to be effective April 24, 1995, 20 TexReg 2709; amended to be effective May 30, 1995, 20 TexReg 3722; amended to be effective March 1, 1996, 21 TexReg 1425; amended to be effective November 15, 2001, 26 TexReg 9135; amended to be effective January 8, 2015, 40 TexReg 77; amended to be effective February 3, 2022, 47 TexReg 318