If your operation generates waste, one of the first compliance questions you need to answer is also one of the most important:
Is this waste hazardous?
Under the Resource Conservation and Recovery Act (RCRA), generators are responsible for making an accurate hazardous waste determination for each solid waste they generate. Under 40 CFR §262.11, that determination must be made at the point of generation, before the waste is diluted, mixed, treated, stored, or disposed.
That makes the waste determination the foundation for many of the decisions that follow.
Step 1: Determine Whether the Waste Is Excluded
Before determining whether a waste is hazardous, first evaluate whether it is excluded from regulation under 40 CFR 261.4.
A number of exclusions exist, and determining whether one applies requires an understanding of both the waste itself and the process that generated it.
When relying on an exclusion, document the specific regulatory basis for that determination and retain the supporting information.
Step 2: Determine Whether It Is a Listed Hazardous Waste
If the waste is not excluded, the next step is evaluating whether it meets one or more hazardous waste listings under 40 CFR Part 261, Subpart D.
EPA's hazardous waste listings fall into four general categories:
- F-listed wastes – wastes from certain nonspecific sources
- K-listed wastes – wastes from specific sources within particular industries
- P-listed wastes – certain discarded commercial chemical products
- U-listed wastes – certain discarded commercial chemical products
This evaluation requires more than simply knowing what chemicals are present. How the waste was generated and the process from which it originated can be critical to determining whether a listing applies.
If a listed waste code applies, it should be identified and documented as part of the determination.
Step 3: Evaluate Hazardous Waste Characteristics
A waste must also be evaluated to determine whether it exhibits one or more hazardous characteristics under 40 CFR Part 261, Subpart C.
The four characteristics are:
- Ignitability (D001)
- Corrosivity (D002)
- Reactivity (D003)
- Toxicity (D004–D043)
Generators may use information such as process knowledge, Safety Data Sheets (SDSs), laboratory analysis, raw material information, chemical formulations, and other relevant technical information to support this evaluation.
The important question isn't simply, “What do we think this waste is?”
It's “What information supports that conclusion?”
Documentation Is Part of the Determination
Making the determination is only part of the responsibility. The information used to reach it should also be maintained.
Depending on the waste and determination, your supporting documentation might include:
- Laboratory analytical results
- SDSs
- Raw material information
- Process descriptions
- Chemical formulations
- Engineering information
- Applicable RCRA waste codes
- Documentation supporting regulatory exclusions
Records associated with hazardous waste determinations must be retained as required by the applicable regulations. Determinations should also be reevaluated when the properties of the waste or the process generating it change.
A determination that was accurate several years ago may no longer be accurate after a change in raw materials, suppliers, formulations, or production processes.
Start With the Right Question
An accurate hazardous waste determination establishes the basis for the regulatory decisions that follow.
If you are creating a new waste stream, changing a process, or simply aren't confident that the documentation supporting an existing determination is sufficient, that's a good time to take another look.
For the next step, read our guide to determining your hazardous waste generator status.
Enviro-Safe Can Help
Enviro-Safe Resource Recovery's experienced environmental professionals can assist with waste characterization, sampling when required, and waste profiling.
Whether you're evaluating a new waste stream or reviewing an existing one, we can help you gather the information needed to make and document an appropriate determination.
Have a waste stream you'd like to discuss? Contact Enviro-Safe Resource Recovery at (262) 790-2500 or info@esrr.com.
