40 CFR § 265.402 - Waste analysis and trial tests.

---
identifier: "/us/cfr/t40/s265.402"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "40 CFR § 265.402 - Waste analysis and trial tests."
title_number: 40
title_name: "Protection of Environment"
section_number: "265.402"
section_name: "Waste analysis and trial tests."
chapter_name: "ENVIRONMENTAL PROTECTION AGENCY"
subchapter_number: "I"
subchapter_name: "SOLID WASTES"
part_number: "265"
part_name: "INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "42 U.S.C. 6905, 6906, 6912, 6922, 6923, 6924, 6925, 6935, 6936, 6937, and 6939g."
regulatory_source: "45 FR 33232, May 19, 1980, unless otherwise noted."
cfr_part: "265"
---


# 265.402 Waste analysis and trial tests.

(a) In addition to the waste analysis required by § 265.13, whenever:

(1) A hazardous waste which is substantially different from waste previously treated in a treatment process or equipment at the facility is to be treated in that process or equipment, or

(2) A substantially different process than any previously used at the facility is to be used to chemically treat hazardous waste;

the owner or operator must, before treating the different waste or using the different process or equipment:

(i) Conduct waste analyses and trial treatment tests (e.g., bench scale or pilot plant scale tests); or

(ii) Obtain written, documented information on similar treatment of similar waste under similar operating conditions;

to show that this proposed treatment will meet all applicable requirements of § 265.401 (a) and (b).

[(b) [Reserved]

[*Comment:* As required by § 265.13, the waste analysis plan must include analyses needed to comply with §§ 265.405 and 265.406. As required by § 265.73, the owner or operator must place the results from each waste analysis and trial test, or the documented information, in the operating record of the facility.]