• Generators are responsible for determining if a waste is hazardous because of a hazardous characteristic.
• If a facility cannot use acceptable knowledge to make a waste determination, the regulations require that the facility obtain a representative sample and test the waste.

Generators are responsible for determining if a waste is hazardous because of a hazardous characteristic, and this is done by testing or by applying acceptable knowledge in light of the materials or the processes used to generate the waste.

“Acceptable knowledge” may include:

• Process knowledge (e.g., information about chemical feedstocks and other inputs to the production process);
• Knowledge of products, by-products, and intermediates produced by the manufacturing process;
• Chemical or physical characterization of the wastes;
• Information on the chemical and physical properties of the chemicals used or produced by the process or otherwise contained in the waste;
• Testing that illustrates the properties of the waste; or
• Other reliable and relevant information about the properties of the waste or its constituents.

When a facility uses acceptable knowledge, the facility will manage the waste as hazardous without having to analyze or test it. A facility must document how the determination was made.

Other forms of process knowledge can include:

• Existing published or documented waste analysis data or studies conducted on wastes generated by processes similar to that which generated the waste. Waste analysis data obtained from other facilities in the same industry.
• Facility’s records of previously performed analyses.
• Safety Data Sheets.

Waste testing, sampling, and analysis

If a facility cannot use acceptable knowledge to make a waste determination, the regulations require that the facility obtain a representative sample and test the waste.

Some of the more common tests include:

• Flash point: This tests for ignitability. Examples of materials where this test would apply include paints and solvents.
• pH: This tests for corrosivity and may be used on acids and bases.
• Reactivity: Test as required for Department of Transportation (DOT) classification of hazardous materials. Examples include lithium hydride and trichlorosilane.
• TCLP (Toxicity Characteristic Leaching Procedure): This test is used to determine if a waste will discharge or “leach” contaminants into a sanitary landfill. The specific testing method is outlined in test Method 1311, described in Environmental Protection Agency (EPA) Publication SW-846, incorporated by reference in 260.11. A solid waste exhibits the characteristic of toxicity if the contaminant reaches the regulatory level listed in Table 1 at 261.24. For example, if there is a solution with 5 mg/L of lead (D008), that solution exhibits the characteristic of toxicity.
• Total halogens: This test is used for testing used oils for contamination of chlorine, fluorine, bromine, etc., to determine if the used oil may be managed under the less stringent regulations at Part 279 or must be managed as a hazardous waste.