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The Identification Process

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 knowledge of the hazard characteristic of the waste in light of the materials or processes used.

If the waste is determined to be 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 visit our RCRA Hazardous Waste Safety Online Training web page.

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