Governing Law and Regulations
U.S. Environmental Protection Agency (EPA) Office of Solid Waste and Emergency Response Office of Resource Conservation and Recovery (ORCR)
See ADDRESSES & CONTACTS for addresses and telephone numbers.
HAZARDOUS WASTE DETERMINATION
40 CFR 261.1 to 261.38
After a facility determines that its waste is a solid waste and is not either excluded from the definitions of solid or hazardous waste or exempt from RCRA Subtitle C hazardous waste regulation, it is a generator's responsibility to determine if a waste is hazardous. Generators must check all hazardous waste lists (as periodically amended by EPA in the Federal Register), apply their knowledge of materials and processes used to produce the waste, and use any available standardized method of testing that is reasonably within their capability or private sector laboratories that are available.
Wastes are hazardous if they:
- Are listed under 40 CFR 261;
- Are known to the generator to be hazardous on the basis of the knowledge of the processes or materials used to generate the waste; or
- Exhibit any one of the four hazardous "characteristics": —Ignitability —Corrosivity —Reactivity ...