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Hazardous Waste Determination: What you need to know

Governing Law and Regulations

Statutes and rules for determining a hazardous waste status: Resource Conservation and Recovery Act (RCRA), 42 USC 6903, and regulations at 40 CFR 260 and 40 CFR 261

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Definition of solid waste: RCRA, 42 USC 6903(27) and 40 CFR 261.2

"Abandoned" materials: 40 CFR 261.2(b)

"Inherently waste-like" materials: 40 CFR 261.2(d)

"Recycled" materials: 40 CFR 261.2(c), 40 CFR 261.2(e), and 40 CFR 261.2(f)

Materials excluded from solid waste definition: 40 CFR 261.4(a)

Conditional exclusion for cathode-ray tubes (CRTs):

Overview: 40 CFR 261.4(a)(22) and 40 CFR 261.39 to 261.41

Definitions: 40 CFR 260.10

Applicability: 40 CFR 261.4(a)(22)

Exclusion for used, intact CRTs: 40 CFR 261.4(a)(22)(i) to (ii) and 40 CFR 261.40

Exclusion for used, broken CRTs prior to processing: 40 CFR 261.4(a)(22)(iii) and 40 CFR 261.39(a)

Exclusion for used, broken CRTs undergoing processing: 40 CFR 261.4(a)(22)(iii) and 40 CFR 261.39(b)

Exclusion for processed CRT glass undergoing recycling: 40 CFR 261.4(a)(22)(iv) and 40 CFR 261.39(c)

Exclusions from the definition of hazardous waste:

Solid wastes excluded from hazardous waste definition: 40 CFR 261.4(b)

Exclusion from raw material, product, and process unit wastes: 40 CFR 261.4(c)

Waste characterization sample exclusion: 40 CFR 261.4(d)

Treatability study sample exclusion: 40 CFR 261.4(e) to (f)

Determining hazardous waste status:

Statutory definition of hazardous: RCRA, 42 USC 6903(5)

Regulatory definition of hazardous: 40 CFR 261.3

Listed wastes:

Listing criteria: 40 CFR 261.11 and Appendices to 40 CFR 261

U, P, K, and F wastes: 40 CFR 261.31, 40 CFR 261.32, and 261.33(e) to (f)

Waste numbers and hazard codes: 40 CFR 261.30 and 40 CFR 261.35

Characteristic wastes:

Four characteristics: 40 CFR ...


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State Requirements

Alabama | Arizona | Arkansas | California | Colorado | Connecticut | Delaware | Florida | Georgia | Illinois | Indiana | Iowa | Kansas | Kentucky | Louisiana | Maryland | Massachusetts | Michigan | Minnesota | Mississippi | Missouri | Montana | New Hampshire | New Jersey | New York | North Carolina | Ohio | Oklahoma | Oregon | Pennsylvania | Rhode Island | South Carolina | Tennessee | Texas | Utah | Virginia | Washington | West Virginia | Wisconsin |

Hazardous Waste Determination Resources

Hazardous Waste Determination Products

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