(a) An industrial solid waste is a Class 2 waste if:
  (1) it is not a hazardous waste pursuant to §335.504 of this title (relating to Hazardous Waste Determination);
  (2) it is not a Class 1 waste pursuant to §335.505 of this title (relating to Class 1 Waste Determination); and
  (3) it is not a Class 3 waste because:
    (A) it cannot qualify as a Class 3 waste pursuant to §335.507 of this title (relating to Class 3 Waste Determination); or
    (B) a generator chooses not to classify the waste as a Class 3 waste.
(b) Any waste designated as a Class 2 waste under §335.508 of this title (relating to Classification of Specific Industrial Solid Wastes) is a Class 2 waste.

Source Note: The provisions of this §335.506 adopted to be effective November 27, 1992, 17 TexReg 8010.