(a) The following waste analysis requirements apply to owners and operators of facilities subject to this subchapter.
  (1) Before treating, storing, or disposing of any waste, the owner or operator shall obtain a chemical and physical analysis of a representative sample of the waste. At a minimum, the analysis must contain all the information that must be known to treat, store, or dispose of the waste in accordance with this subchapter.
    (A) A waste generator's records of analyses performed on the waste before the effective date of these regulations, or studies conducted on waste generated from processes similar to that which generated the waste to be managed at the facility, may be included in the data base required to comply with this paragraph.
    (B) The owner or operator may arrange for the generator of the waste to supply the information required by this paragraph. If the generator does not supply the information, and the owner or operator chooses to accept a waste, the owner or operator is responsible for obtaining the information required to comply with this section.
  (2) The analysis may include data developed under Subchapter R of this chapter (relating to Waste Classification), and existing published or documented data on a waste or on such waste generated from similar processes.
  (3) The analysis must be repeated as necessary to ensure that it is accurate and up-to-date. At a minimum, the analysis must be repeated:
    (A) when the owner or operator is notified, or has reason to believe, that the process or operation generating the waste has changed; and
    (B) when the results of the inspection required in paragraph (4) of this subsection indicate that the waste received at the facility does not match the waste designated on the accompanying manifest or shipping paper.
  (4) The owner or operator shall inspect and, if necessary, analyze each waste received at the facility to determine whether it matches the identity of the waste specified on the accompanying manifest or shipping paper.
(b) The owner or operator shall develop and follow a written waste analysis plan that describes the procedures which the owner or operator will carry out to comply with subsection (a) of this section. This plan must be submitted with the permit application. The owner or operator shall keep this plan at the facility. At a minimum, the plan must specify:
  (1) the parameters for which each waste will be analyzed and the rationale for the selection of these parameters (i.e., how analysis for these parameters will provide sufficient information on the waste's properties to comply with subsection (a) of this section);
  (2) the test methods which will be used to test for these parameters; and
  (3) the sampling method that will be used to obtain a representative sample of the waste to be analyzed. A representative sample may be obtained using either:
    (A) one of the sampling methods described in Appendix I of Title 40 Code of Federal Regulations Part 261; or
    (B) an equivalent sampling method approved by the executive director;
  (4) the frequency with which the initial analysis of the waste will be reviewed or repeated to ensure that the analysis is accurate and up-to-date;
  (5) the waste analyses that waste generators have agreed to supply; and
  (6) where applicable, the methods that will be used to meet any additional waste analysis requirements in §335.588 of this title (relating to General Requirements for Ignitable, Reactive, or Incompatible Wastes).

Source Note: The provisions of this §335.587 adopted to be effective March 21, 2004, 29 TexReg 2888