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Section 40 CFR 261.2 defines “solid waste" as any discarded material that is not excluded under 261.4(a), or that is not excluded by variance granted under 260.30 and 260.31, or (effective Dec. 29, 2008) that is not excluded by a non-waste determination under 260.30 and 260.34. A discarded material is any material which is:
Effective Dec. 29, 2008, a hazardous secondary material is not discarded if:
If you do not handle a solid waste, you do not need to notify EPA.
Has my solid waste been excluded from the regulations under 261.4?
The list of general exclusions can be found in 40 CFR 261.4. If the solid waste that you handle has been excluded, either by rule, special variance, or non-waste determination, then you do not need to notify EPA for that solid waste. If your solid waste was not excluded from regulation, you need to determine if it is a hazardous waste that EPA regulates. EPA regulates a solid waste as hazardous waste in two ways:
Is my solid waste specifically listed as a hazardous waste?
Sections 40 CFR 261.30 through 261.33 identify certain solid wastes that EPA has specifically listed as hazardous. Persons who handle listed hazardous waste are subject to regulation and must notify EPA of their hazardous waste activities unless they are exempted as discussed below. Refer to these sections of 40 CFR to see if your solid waste is included as a "listed hazardous waste."
If you are handling a newly regulated hazardous waste and have already notified EPA prior to that hazardous waste being regulated and already have an EPA identification number, you do not need to submit a subsequent notification for that newly regulated hazardous waste.
Does my solid waste possess a hazardous characteristic?
Even if your solid waste is not specifically listed as a hazardous waste, it may still be hazardous because it exhibits certain hazardous characteristics. These characteristics are:
Section 40 CFR 261.20 through 261.24 explain each of the characteristics and outline the testing procedures you should use to determine if your solid waste meets these characteristics. Persons who handle characteristic hazardous waste that is regulated must notify EPA of their activities unless they are exempted, as discussed below.If you are handling a newly regulated hazardous waste and have already notified EPA prior to that hazardous waste being regulated and already have an EPA identification number, you do not need to submit a subsequent notification for that newly regulated hazardous waste.
Has my hazardous waste been exempted from the regulations under 261.5 and 261.6(a)(3)?
Section 40 CFR 261.5 and 261.6(a)(3) list certain hazardous wastes that are not subject to RCRA regulation. If the hazardous waste that you handle has been exempted, then you do not need to notify EPA for that hazardous waste.