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Persons who generate, transport, treat, store, or dispose of solid wastes are responsible for determining if their solid waste is a hazardous waste regulated under the Resource Conservation and Recovery Act (RCRA). In addition, persons who recycle secondary materials must also determine whether those materials are solid and hazardous wastes under the provisions of RCRA.
Title 40, Part 261 of the Code of Federal Regulations (CFR) contains the regulations to help you decide if the waste you handle is regulated under RCRA.
Note: Many states have requirements that vary from the federal regulations. These state regulations may be more strict than the federal requirements by identifying additional wastes as hazardous, or may not yet include all wastes currently regulated under RCRA. It is your responsibility to comply with all regulations that apply to you. For more information on state requirements, you are strongly urged to contact the appropriate state agency.
To determine if you are regulated under RCRA, ask yourself the following questions:
Do I handle a solid waste?
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:
- Is generated and reclaimed under the control of the generator as defined in 260.10,
- Is not speculatively accumulated as defined in 261.1(c)(8),
- Is handled only in non- land-based units and is contained in such units,
- Is generated and reclaimed within the United States and its territories,
- Is not otherwise subject to material-specific management conditions under 261.4(a) when reclaimed,
- Is not a spent lead acid battery (see 266.80 and 273.2),
- 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 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 hazardous waste two ways:
- By specifically listing the waste and assigning it a unique EPA Waste Code Number; or
- By regulating it because it possesses any of four hazardous characteristics and assigning it a generic EPA Waste Code Number.
Is my solid waste specifically listed as a hazardous waste?
40 CFR 261.31 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 activities unless they are exempted as discussed below. Refer to this section of the CFR to see if your waste is included as a “listed waste.”
Does my solid waste possess a hazardous characteristic?
Even if your 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; and
- Toxicity.
40 CFR 261.20 through 261.24 explain what each of the characteristics is and outline the testing procedures you should use to determine if your waste meets these characteristics. Persons who handle characteristic waste that is regulated must notify EPA of their activities unless they are exempted, as discussed below. If you are handling a newly regulated waste and have already notified EPA prior to that activity and already have an EPA Identification Number, no re-notification is required.
Has my hazardous waste been exempted from the regulations?
The list of exemptions can be found in 40 CFR 261.5 and 261.6(a)(3). If the hazardous waste that you handle has been exempted, then you do not need to notify EPA for that waste.