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['Waste']
['Hazardous Waste', 'Waste Generators', 'Waste Identification', 'Waste Reporting', 'EPA Identification Numbers', 'Solid Waste']
10/18/2023
Copyright 2023 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.
Copyright 2023 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.
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RegSenseHazardous WasteWaste IdentificationWaste GeneratorsEPA Identification NumbersWasteBest ResultsFAQSolid WasteUSAEnglishFocus AreaWaste Reporting
How do I know if I handle a solid waste for reporting purposes?
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:
- Abandoned, as explained in 261.2(b); or
- Recycled, as explained in 261.2(c); or
- Considered inherently waste-like as explained in 261.2(d); or
- A military munition identified as a solid waste in 40 CFR 266.202.
Effective Dec. 29, 2008, a hazardous secondary material is not discarded if:
- It is generated and reclaimed under the control of the generator as defined in 260.10,
- It is not speculatively accumulated as defined in 261.1(c)(8),
- It is handled only in non- land-based units and is contained in such units,
- It is generated and reclaimed within the United States and its territories,
- It is not otherwise subject to material-specific management conditions under 261.4(a) when reclaimed,
- It is not a spent lead acid battery (see 266.80 and 273.2),
- It does not meet the listing description for K171 or K172 in 261.32, and
- The reclamation of the material is legitimate, as specified under 260.43.
(See also the notification requirements of 260.42. For hazardous secondary materials managed in land-based units, see 261.4(a)(23).
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:
- By specifically listing the solid waste as a hazardous waste and assigning it a unique EPA Hazardous Waste Code Number; or
- By regulating it because it possesses any of four hazardous waste characteristics and assigning it a generic EPA Hazardous Waste Code Number.
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:
- Ignitability
- Corrosivity
- Reactivity
- Toxicity
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.
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['Waste']
['Hazardous Waste', 'Waste Generators', 'Waste Identification', 'Waste Reporting', 'EPA Identification Numbers', 'Solid Waste']
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