• Generators must keep records of all waste determinations.
• The generator-controlled exclusion excludes certain hazardous wastes from the definition of solid waste if they are generated and legitimately recycled while under the control of the generator.

Generators must keep records of all waste determinations, including records that identify whether a solid waste is a hazardous waste.

Records must include knowledge of the waste and support the determination. The records must include the following types of information:

• The results of any tests, sampling, waste analyses, or other determinations;
• Records documenting the tests, sampling, and analytical methods used to demonstrate the validity and relevance of such tests;
• Records consulted to determine the process by which the waste was generated, the composition of the waste, and the properties of the waste; and
• Records which explain the knowledge basis for the determination.

Best practices for creating and maintaining a waste characterization record

For each waste, note or include:

• Waste type along with a description
• Source of the waste
• Test results and dates
• Waste analyses records
• Safety Data Sheets
• Sampling procedure
• Representative sample information
• Optional waste characterization form (available from most state waste regulating agencies)
• Disposal facility waste profile

Generator-controlled exclusion

The generator-controlled exclusion at 261.4(a)(23) excludes certain hazardous wastes from the definition of solid waste if they are generated and legitimately recycled while under the control of the generator. To qualify for the exclusions, generators must:

1. Notify the authorized state or Environmental Protection Agency (EPA) of their recycling activities.
2. Ensure adequate containment for their hazardous secondary materials. The rule includes a new definition of contained, which specifies storage units must be in good condition, properly labeled, do not hold incompatible materials, and address potential risks of fires or explosions.
3. Comply with emergency preparedness requirements, which will be tailored according to the amount of hazardous secondary materials that are accumulated onsite.
4. Keep good records. Generators must maintain records of shipments and confirmations of receipt for transfers of recyclable materials offsite.