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Hazardous Waste Determination
National Summary

On May 30, 2017, the U.S. EPA final Hazardous Waste Generator Improvements Rule (New Rule) went into effect in states and territories without a RCRA-authorized hazardous waste program (Alaska, Iowa, the Indian Nations, and the territories Puerto Rico, American Samoa, Northern Mariana Islands, and U.S. Virgin Islands). RCRA-authorized states must adopt the more stringent provisions of the New Rule by July 1, 2019, at the latest.

Appropriate changes have been made to the BLR federal regulatory analysis for this and other topics affected by the New Rule. Changes to parallel state regulatory analyses will be made as states revise their regulations to comply with the New Rule. Until then, RCRA-authorized states will follow their current state hazardous waste regulations. The Critical 2017/2018 Hazardous Waste Generator Information in this national topic provides essential guidance on the currently applicable state regulations.

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Proposed Regulations 40 CFR 261 - Hazardous Waste Management System; Identification and Listing of Hazardous Waste 09/28/2023National
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
Final Regulations 40 CFR 261 - Hazardous Waste Management System; Identifying and Listing Hazardous Waste Exclusion 12/14/2018National
Proposed Regulations 40 CFR 261 - Hazardous Waste Management System; Proposed Exclusion for Identifying and Listing Hazardous Waste 06/07/2021National
Final Regulations 40 CFR 261 - Identification and Listing of Hazardous Waste; CFR Correction 06/20/2014National
Final Regulations 40 CFR 63, 260, 261, and 278 - Modernizing Ignitable Liquids Determinations 07/07/2020National
Final Regulations 40 CFR 9, 260 and 261 - Hazardous Waste Management System: Conditional Exclusion for Carbon Dioxide (CO2) Streams in Geologic Sequestration Activities 01/03/2014National
Guidance Documents BLR National Regulatory Analysis (pre-5-30-17) for Hazardous Waste Determination  National
Questions & Answers Can a Hazardous Waste determination be made for dust waste using only the Kst value (ASTM Standard Test Method E 1226)? 07/12/2016National
Guidance Documents Chart: RCRA Definition of Solid Waste Rule - Comparison of 2008 Final Rule, 2015 Final Rule, and EPA 2018 Regulatory Revisions  National
Notices Disposal of Coal Combustion Residuals From Electric Utilities 08/02/2013National
Questions & Answers Do 300 pounds of ginseng root containing pesticides have to be disposed of as hazardous waste? 08/11/2003National
Questions & Answers Does the solvent contaminated wipes 180-day accumulation limit mean we accumulate and send wipes for disposal within 180 days or accumulate for 180 days and store on site for another amount of time? 01/15/2015National
Guidance Documents EPA Training Module: Hazardous Waste Identification  National
Questions & Answers EPA's RCRAOnline letter 145850 addresses the hazardous waste status of e-cigarettes. I am looking for Federal or State agency guidance to manage this wastestream at manufacturing facilities due to employee use (not retailers disposing of unused product). 11/14/2018National
Guidance Documents Flowcharts: Definitions of Solid Waste and Hazardous Waste  National
Guidance Documents Frequent Questions About the Regulation of Used CRTs and CRT Glass  National
Toolbox Talks Generator Identification of Hazardous Waste  National
Guidance Documents Hazardous Waste Test Methods/ SW-846  National
Regulatory Analysis Hazwaste Determination (Classification)  National
Questions & Answers I manage our filter cake waste as a hazardous secondary material (HSM) and notified the EPA and PA DEP before managing the waste as a HSM. Are there any other reporting requirements after the initial notification? 06/13/2018National
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
Questions & Answers In the new OSHA standard for Crystalline silica, does sand used with a small percentage of Crystalline Silica in our metals treatment process come under the RCRA requirements for disposal as hazardous or non-hazardous? 02/20/2017National
Questions & Answers Is used welding rod considered a universal waste or a hazardous waste? 06/17/2022National
Questions & Answers Our triple basin collection system on a city sewer line allows solids and oils to separate out. We test the remaining solids at a lab. Where can I find a listing of thresholds or limits of metals/chemicals signifying the solids as hazardous? 05/17/2017National
Guidance Documents Overview of the 2013 Solvent-Contaminated Wipes Final Rule  National
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 RCRA Training Module: Petitions, Delistings, and Variances  National
Guidance Documents Solvent-Contaminated Wipes Final Rule: Frequent Questions  National
Guidance Documents Solvent-Contaminated Wipes Rule: Comparison of the Solid Waste and Hazardous Waste Exclusions  National
Toolbox Talks Waste Management: Managing Solvent-Contaminated Wipes  National
Questions & Answers We generate F006 filter cake that we ship to a recycling facility that recycles 100% of the waste. As a small quantity generator, must we include this hazardous waste toward our 1,000 kg allowed per month or is this exempt because it's recycled? 07/18/2016National
Questions & Answers We have an anodizing process that uses Oxalic Acid (low sulfate.) We are having a very hard time treating this in our pre-treatment plant; my question is since the process is causing the waste how would I define if this is hazardous waste or non-hazardou 03/18/2014National
Questions & Answers We have material on site that is owned by our customer. If it becomes damaged, would the accumulation start date be when the materials is overpacked or when the customer returns a determination? 11/04/2013National
Questions & Answers We spray paint small items such as pumps and motors and puncture the empty paint cans to capture the remaining teaspoon or so of paint that is placed in a drum. Is this remaining paint a hazardous material, and if so, how should we label the drum? 06/13/2016National
Questions & Answers What is the definitive procedure/test for whether a waste contains a liquid when determining D001 waste code? Must generators use the Pressure Filtration Test to determine if the waste produces a Liquid that might have a flashpoint < 140 F? 06/01/2016National
Questions & Answers What is the dioxin concentration threshold for hazardous waste determination in New Jersey? 05/01/2006National
Questions & Answers What is the process for determining the most appropriate method of disposal of the used chemical "Freez-Therm" and its mostly empty containers? Section 13 of its SDS doesn't specify disposal methods. 12/14/2021National