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Table of Contents
Identification and Listing of Hazardous
Waste
(40CFR261.1 -- 40CFR261.33)
The following is a summary of the referenced federal rules, as published
in the Code of Federal Regulations (CFR). This information is provided
as an aide to help understand the requirements of the federal regulations,
as they pertain to specific industrial or manufacturing operations. This information is not provided nor intended to act as a substitute for
legal or other professional services. CFR citation numbers for each
subpart are indicated, while the full text of the CFR citations can be
viewed by clicking HERE and following the directions.
Subpart A -- General (40CFR261.1 -- 40CFR261.9)
Purpose and scope (40CFR261.1)
This section identifies those solid wastes which are subject to regulation
as hazardous wastes. This part defines solid waste and hazardous
waste, identifies wastes which are and are not regulated, and describes
the criteria for listing or classifying wastes as hazardous. In addition
to wastes defined as “solid,” other materials qualify for regulation as
hazardous. This includes “spent material” which as a result of contamination
can no longer serve the purpose for which it was produced without processing,
sludges, by-products which are not solely produced for sale, and some materials
accumulated for recycling.
Definition of solid waste (40CFR261.2)
Broadly encompasses all discarded materials, regardless of the intent
to dispose, burn, or recycle the materials, including materials that are
accumulated, stored, or treated prior to disposal, burning, or recycling. Certain materials are excluded from this definition.
Definition of hazardous waste (40CFR261.3)
A solid waste is considered hazardous if it exhibits any of the characteristics
listed in Subpart C (40CFR261.20 et seq), it is listed in Subpart D (40CFR261.30
et seq), or is a mixture of any of those wastes. Certain materials
are excluded from this definition.
Exclusions (40CFR261.4)
Exclusions to the definitions of solid waste and hazardous waste are
presented. The more notable solid waste exclusions include domestic
sludge, mining wastes, pulping wastes, and some petroleum wastes. Hazardous waste exclusions include household wastes, agricultural wastes,
and certain other wastes from industries which are regulated under other
programs.
Special requirements for hazardous waste generated by conditionally
exempt small quantity generators (40CFR261.5)
Small quantity generators who generate no more than 100 kilograms of
hazardous waste in a calendar month are conditionally exempt from most
hazardous waste management requirements. Once the minimum quantity
has been accumulated by the generator, regulations pertaining to the storage,
manifesting, and disposal come into effect. Some states may not permit
facilities to use this designation. Check with your state environmental
office for more information.
Requirements for recyclable materials (40CFR261.6)
Hazardous wastes that are recycled are defined as “recyclable materials”
for this section. Special regulations for accumulating, storing,
manifesting, and transporting the materials are provided.
Residues of hazardous waste in empty containers (40CFR261.7)
Residues of hazardous wastes in containers are exempt if they are less
than 2.5 centimeters (1inch) thick, or no more than 3% (by weight) of the
total container capacity (110 gallons) remains in the container, or no
more than .3% (by weight) of the total container capacity (provided that
it is less than or equal to 110 gallons), or the container has been cleaned
to remove traces of the hazardous material.
Polychlorinated Biphenyl (PCB) wastes regulated under the Toxic
Substances Control Act (40CFR261.8)
With certain qualifications, the disposal of PCB-containing dielectric
fluid and electric equipment containing such fluid is exempt from regulation
as a hazardous waste.
Requirements for Universal Waste (40CFR261.9)
These wastes (batteries, pesticides and thermostats) are not fully
regulated as hazardous waste under certain conditions.
Subpart B -- Criteria for Identifying the Characteristics of Hazardous
Waste and for Listing Hazardous Waste (40CFR261.10 -- 40CFR261.11)
Criteria for identifying the characteristics of hazardous waste
(40CFR261.10)
Criteria for identifying characteristics of hazards wastes include
causing or contributing to an increase in mortality or serious illness,
or posing a hazard to human health or the environment when improperly treated,
stored, transported, disposed or otherwise managed.
Criteria for listing hazardous waste (40CFR261.11)
A solid waste is listed as hazardous if it exhibits the characteristics
of a hazardous waste, has been found to be fatal to humans or to test animals,
or contains toxic, carcinogenic, mutagenic, or teratogenic constituents. Includes individual materials as well as classes or categories of materials.
Subpart C -- Characteristics of Hazardous Waste (40CFR261.20 -- 40CFR261.24)
General (40CFR261.20)
A solid waste is a hazardous waste if it exhibits any of the following
characteristics:
Characteristic of ignitability (40CFR261.21)
Includes liquids which have more than 24% alcohol by volume with a
flash point under 60 ?C (140 oF) degrees solids which cause fire through
friction or spontaneous change under standard temperature and pressure,
ignitable gases, or oxidizers.
Characteristic of corrosivity (40CFR261.22)
Based on the pH of the liquid (less than or equal to 2, greater than
or equal to 12.5), or can corrode steel at a specified rate, under certain
circumstances.
Characteristic of reactivity (40CFR261.23)
Includes being normally unstable, reacting violently with water, potentially
explosive in water, or capable of explosion if heated or confined.
Toxicity characteristic (40CFR261.24)
A waste exhibits this characteristic, when a representative sample
of the waste contains specific contaminants at concentrations equal to
or greater than those specified in the regulation. The test that
evaluates this characteristic is known as the Toxicity Characteristic Leaching
Procedure (TCLP).
Subpart D -- Lists of Hazardous Wastes (40CFR261.30 -- 40CFR261.35)
General (40CFR261.30)
Listed solid wastes are considered hazardous, unless specifically excluded
from this list by the provisions of 40 CFR Part 260.
Hazardous wastes from non-specific sources (40CFR261.31)
Solid wastes produced by non-specific sources (i.e., “F” listed wastes).
Hazardous wastes from specific sources (40CFR261.32)
Solid wastes produced by specific sources (i.e., “K” listed wastes).
Discarded commercial chemical products, off-specification species,
container residues, and spill residues (40CFR261.33)
Discarded commercial chemical products, off-specification species,
container residues, and spill residues (i.e., “P” and “U” listed wastes).
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