If a site generates potentially hazardous waste, it is imperative to make a hazardous waste determination for each and every waste generated.
The determination process, also called hazardous waste identification, is one of the first — and perhaps the most important — steps for properly managing waste materials.
"Making a proper waste determination is key to maintaining RCRA compliance," said Kristine Nelson, HSE training coordinator with Heritage Environmental Services. "Once you’ve completed your waste determination, you can then properly determine how to manage your waste when it comes to storing, labeling, packaging, transporting and ultimately disposing or recycling your waste."
Outlined below, generators should leverage the four following questions to make a proper waste identification.
Is the material a solid waste?
In order to answer the first question, 40 CFR Part 261.2 of the Code of Federal Regulations defines materials that are solid wastes and specifies which materials are not considered solid wastes. Resource Conservation and Recovery Act (RCRA) section 1004(27) defines a solid waste as "any garbage, refuse, sludge from a wastewater treatment plant, water supply treatment plant or air pollution control facility, and other discarded material, including solid, liquid, semisolid or contained gaseous material, resulting from industrial, commercial, mining and agricultural operations and from community activities." Certain materials may be excluded from the definition of solid waste under section 261.4(a).
The EPA provides several tools, including a Definition of Solid Waste decision tool to walk you through this first step.
Is the waste specifically excluded from RCRA?
The EPA excludes some types of solid waste from the definition of hazardous waste. These materials, regardless of meeting a listing or exhibiting a characteristic of hazardous waste, cannot be considered hazardous waste. According to section 261.4(b), some excluded wastes include household hazardous waste, agricultural waste, mining overburden, fossil fuel combustion waste — per the Bevill Amendment — trivalent chromium wastes, injected groundwater, used oil filters, used oil distillation bottoms and petroleum contaminated media and debris from underground storage tanks.
Many of these exclusions are conditional and often specific to an industry or type of waste. Careful reading of the conditional exclusions is necessary when making these hazardous waste determinations. Nelson said, "Understanding what type of waste you have and what exclusions are available can sometimes help you find alternative, more sustainable and cost-effective ways to manage your waste streams."
Is the waste a listed hazardous waste?
The EPA has studied hundreds of different waste streams and listed the wastes accordingly. Listed wastes are described or are contained on four different lists that can be found at 40 CFR 261, Subpart D:
The F list. Designates certain solid wastes from common industrial or manufacturing processes as hazardous. Because the processes producing these wastes can occur in different sectors of industry, the F list wastes are known as wastes from non-specific sources. It is codified in the regulations at section 261.31.
The K list. Designates certain solid wastes from specific industries as hazardous. K list wastes are known as wastes from specific sources. It is found at section 261.32.
The P list and the U list. Both list pure or commercial grade formulations of certain specific unused chemicals as hazardous and are codified in section 261.33.
Does the waste exhibit a characteristic of hazardous waste?
There are four characteristics of hazardous waste that are used to help determine if waste poses a danger to the environment — ignitability, corrosivity, reactivity and toxicity.
Check out in-person and online environmental compliance training courses through Heritage Environmental Services, designed to prepare generators for facilitating compliant storage and disposal of any waste generated. Training covers the foundation of the regulations, generator requirements and focused topics including the generator improvement rules, the new pharmaceutical management rules and aerosols as a universal waste.
For more information, visit heritage-enviro.com/services/training.
