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Hazardous Waste Determination
National Summary
Generators must determine whether generated material is first, a "waste," second, a "solid waste," and last, a "hazardous waste." There are two methods of making a determination of hazardous waste. The substance may be a "listed" waste, one of hundreds of substances that EPA has placed on a list of hazardous waste. Or the substance may be a "characteristic" waste. A characteristic waste is one that exhibits any of four hazardous waste characteristics: corrosivity, ignitability, reactivity, or toxicity.
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TypeTitleDateState
Proposed Regulations 40 CFR 260 and 261 - Conditional Exclusions from Hazardous Waste and Solid Waste for Solvent-Contaminated Industrial Wipes 11/20/2003National
Proposed Regulations 40 CFR 261 - Hazardous Waste Management System: Identification and Listing of Hazardous Waste: Conditional Exclusion from Hazardous Waste and Solid Waste for Solvent-Contaminated Industrial Wipes; Extension of Comment Period 12/15/2009National
Final Regulations 40 CFR 261 - Hazardous Waste Management System; Identification and Listing of Hazardous Waste; Final Exclusion 09/20/2012National
Final Regulations 40 CFR 261 - Hazardous Waste Management System; Identification and Listing of Hazardous Waste; Final Rule 09/13/2012National
Proposed Regulations 40 CFR 261 - Hazardous Waste Management System; Identification and Listing of Hazardous Waste; Proposed Exclusion 10/04/2004National
Final Regulations 40 CFR 261 - Hazardous Waste Management System; Identification and Listing of Hazardous Waste; Removal of Direct Final Exclusion 11/30/2010National
Final Regulations 40 CFR 261 - Hazardous Waste Management System; Identification and Listing of Hazardous Waste; Removal of Direct Final Exclusion 11/30/2010National
Proposed Regulations 40 CFR 261 - Hazardous Waste Management System; Proposed Exclusion for Identifying and Listing Hazardous Waste 06/25/2004National
Final Regulations 40 CFR 261 and 268 - Hazardous Waste Identification Rule (HWIR): Revisions to the Mixture and Derived-From Rules 05/16/2001National
Proposed Regulations 40 CFR 63, 258, 260, 261, 264, 265, 266, 270, 271, 279 - Waste Management System; Testing and Monitoring Activities; Reopening of Comment Period for the Proposed Methods Innovation Rule (MIR) 01/18/2003National
Final Regulations 40 CFR Part 261 - Identification and Listing of Hazardous Waste: Spent Catalysts from Dual-Purpose Petroleum Hydroprocessing Reactors 05/12/2002National
Proposed Regulations 40 CFR Parts 260 & 261 - Regulation of Hazardous Oil-Bearing Secondary Materials From the Petroleum Refining Industry and Other Hazardous Secondary Materials Processed in a Gasification System To Produce Synthesis Gas 03/25/2002National
Proposed Regulations 40 CFR Parts 63, 258, et al. - Waste Management System; Testing and Monitoring Activities; Methods Innovation Rule 11/04/2002National
Guidance Documents Clarification of EPA's "Contained-In" Policy  National
Final Regulations Correction to the HWIR: Revisions to the Mixture and Derived-From Rules (40 CFR Part 261) 10/05/2001National
Questions & Answers Do 300 pounds of ginseng root containing pesticides have to be disposed of as hazardous waste? 08/11/2003National
Guidance Documents EPA Training Module: Introduction to Hazardous Waste Identification  National
Guidance Documents EPA Training Module: Solid and Hazardous Waste Exclusions  National
Guidance Documents EPA's "Contained-In" Policy  National
Guidance Documents EPA's Robert W. Dellinger's Letter Response to Industry Representatives  National
Guidance Documents EPA: Easier Recycling of Cathode Ray Tubes  National
Guidance Documents Flowcharts: Definitions of Solid Waste and Hazardous Waste  National
Guidance Documents Hazardous Waste Characteristics: A User-Friendly Reference Document (EPA October 2009)  National
Proposed Regulations Hazardous Waste Identification Rule (HWIR) - 40 CFR Part 261 [65 FR 20934] 04/21/2000National
Guidance Documents Hazardous Waste Listings: A User Friendly Reference (EPA Draft March 2008)  National
Regulatory Analysis Hazwaste Determination (Classification)  National
Questions & Answers I need to understand the definition of alcohols (all alcohols or just ethanol) in connection with 40 CFR 261.21 Characteristic of ignitability. 05/04/2007National
Questions & Answers If you take used oil saturated rags, allow them to dry in the sun and then throw them away in the trash, is that ok (within regulatory requirements)? 07/17/2009National
Notices Material Characterization of Nanoscale Materials; Notice of Public Meeting 08/13/2007National
Questions & Answers PCBs do not appear under the RCRA lists of hazardous wastes, nor are they listed as a constituent under the toxicity characteristic. Are PCBs regulated as a hazardous waste under RCRA? 12/07/1999National
Guidance Documents Scope of Hazardous Waste Listing P042  National
Guidance Documents Waste Analysis at Facilities that Generate, Treat, Store, and Dispose of Hazardous Waste  National
Questions & Answers What is the dioxin concentration threshold for hazardous waste determination in New Jersey? 05/01/2006National
Questions & Answers What wastes are acutely hazardous wastes? 12/07/1999National
Questions & Answers When a characteristic waste is received at a landfill, can the landfill lab analyze the waste and recharacterize it? Especially can they claim it is nonhazardous using their lab results? 01/21/2004National
Questions & Answers When putting a waste determination by generator knowledge should any documentation be supplied to show how you came to your conclusion? For example, MSDS with short narrative to your reasoning. 08/26/2009National
Questions & Answers Where can I find information on waste profiling? 01/18/2006National