The Hazardous Waste Identification Process

A generator of a solid waste must make an accurate determination as to whether that waste is a hazardous waste. The generator must make this hazardous waste determination at the following points in time:

• At the point of waste generation, before any dilution, mixing, or other alteration of the waste occurs
• At any time during the course of the management of the hazardous waste that its properties may have changed such that the RCRA classification of the waste may also have changed

Generators of hazardous materials can determine if the solid waste material is considered a hazardous waste by asking the following questions in the specific order shown:

1. Is the solid waste excluded? Check if the material is excluded from regulations by consulting 40 CFR 261.4.
2. Is the material a listed waste? Check if the material is a listed waste by consulting 40 CFR 261, Subpart D. If the waste is not listed, move on to the next question. If the waste is listed, there is still the opportunity to demonstrate to the EPA that this particular waste is not hazardous.
3. Does the material exhibit a hazardous characteristic (corrosivity, ignitability, toxicity, or reactivity)? To answer this question, the generator must test the waste according to the methods set forth in 40 CFR 261, Subpart C; or apply its knowledge of the hazard characteristic of the waste in light of the materials or processes used.

If the generator of the waste determines that the waste is hazardous, the generator must refer to the regulations for possible exclusions or restrictions pertaining to management of the specific waste.

To learn more about RCRA safety standards visit our RCRA Refresher Online Training web page.