Hazardous waste is discarded material that is specifically listed by the EPA or shows ignitable, corrosive, reactive or toxic characteristics, and must be managed from generation to final disposal under RCRA.
Hazardous waste is any discarded material that can harm people or the environment if it is mishandled, and that meets the legal definition set by the US Environmental Protection Agency under the Resource Conservation and Recovery Act (RCRA). The regulations live in 40 CFR Parts 260 through 273. In plain terms, a material is hazardous waste if it is first a "solid waste" (which, despite the name, can be a liquid, sludge or contained gas that is being thrown away, burned or recycled in certain ways) and then either appears on one of EPA's lists or shows one of four hazardous characteristics.
The defining feature of the RCRA system is "cradle-to-grave" responsibility. The business that generates the waste remains responsible for it from the moment it is created, through storage and transport, until it is treated, recycled or disposed of at a permitted facility. Handing the waste to a hauler does not end that liability. If a contractor dumps drums illegally, the generator can still be held responsible for the cleanup.
Many states run their own hazardous waste programs authorized by EPA, and these can be stricter than the federal rules. In Texas, for example, the Texas Commission on Environmental Quality administers the program. Always check the state rules alongside the federal ones.
Waste determination is the generator's job, and it must be done at the point of generation, before the waste is mixed or diluted. There are two routes to a hazardous classification.
EPA publishes four lists of wastes that are hazardous because of where they come from or what they are:
P and U listings apply only when the commercial chemical product is discarded unused, or as a spill cleanup, and the chemical is the sole active ingredient. A rag soaked in xylene during a cleaning task is assessed differently from a full, expired bottle of xylene.
A waste that is not listed is still hazardous if it exhibits any of these characteristics:
Generators can use testing, knowledge of the process and materials, or the safety data sheet of the original product to make the determination. The reasoning should be documented.
RCRA requirements scale with how much hazardous waste a site generates in a calendar month:
Category is determined month by month, so a site that does a large cleanout can temporarily become an LQG. Episodic generation provisions allow some flexibility for planned and unplanned events.
Generators can accumulate up to 55 gallons of non-acute hazardous waste (or one quart of acute waste) at or near the point of generation, under the control of the operator, without starting the accumulation clock. Containers must be kept closed except when adding waste and labeled with the words "Hazardous Waste" and an indication of the hazards.
Containers must be compatible with the waste, in good condition and closed except when waste is being added or removed. Labels must read "Hazardous Waste" and indicate the hazards, using words, a GHS pictogram, a DOT label or another recognized method. Central accumulation containers also need the accumulation start date.
Central accumulation areas must be inspected weekly for leaks and deterioration. Incompatible wastes, such as acids and cyanides or oxidizers and flammables, must be separated by distance or a physical barrier.
Hazardous waste leaving the site travels with a Uniform Hazardous Waste Manifest, now tracked through EPA's e-Manifest system, and must go with a registered transporter to a permitted treatment, storage and disposal facility. The generator signs the manifest and receives a copy back from the receiving facility, closing the loop.
Some common hazardous wastes can be managed under the lighter universal waste rules: batteries, certain pesticides, mercury-containing equipment, lamps such as fluorescent tubes, and aerosol cans. These still need labeling and timely recycling but do not count toward generator status.
The people who handle hazardous waste need more than environmental training. Workers at treatment, storage and disposal facilities and cleanup sites fall under HAZWOPER, and anyone handling waste needs to understand its chemical hazards, the PPE required and spill response procedures.
An automotive repair chain ran parts washers at each of its eight shops, using a petroleum-based solvent. Spent solvent was drained into an open drum behind each building and picked up "when full" by a local hauler. A state inspector visiting one shop found the drum uncovered and unlabeled, with no record of when accumulation started. The site had never made a waste determination. Testing showed the spent solvent was ignitable (D001) and failed TCLP for benzene (D018). The shops were also discarding used fluorescent tubes in the general trash.
The company completed waste determinations for every stream, confirmed that each shop was an SQG, and obtained EPA ID numbers. Drums were moved to labeled, covered accumulation areas with weekly inspection logs, and the hauler was replaced with a licensed transporter using manifests. Fluorescent tubes went into universal waste boxes for recycling. Shop managers completed training on waste labeling and emergency response, and the company tracked the changes as a corrective action at each location.
Generally not, if it is recycled. Used oil that is sent for recycling is managed under separate used oil standards in 40 CFR Part 279, which require good containers, labeling as "Used Oil" and prompt cleanup of leaks. Used oil mixed with hazardous waste, such as solvents, or used oil that is disposed of rather than recycled can become hazardous waste.
Usually not without approval. Discharges to a sewer are regulated by the local wastewater authority under pretreatment rules, and many chemicals are prohibited. Diluting a hazardous waste to avoid regulation is itself a violation. Check with your local publicly owned treatment works before discharging anything other than sanitary waste.
The generator can still be liable. Under RCRA and the federal Superfund law (CERCLA), generators may be held responsible for cleanup costs at sites where their waste ended up. Choosing permitted transporters and facilities, keeping manifests and auditing vendors reduces that risk.
A hazardous material is any substance that poses a risk during use, storage or transport, regulated by OSHA and the Department of Transportation. It becomes hazardous waste only when it is discarded or intended for discard and meets EPA's criteria. The same drum of solvent can be a hazardous material on Monday and hazardous waste on Friday once it is spent.
Part of SafetyIQ's EHS glossary: plain-English definitions of workplace health and safety terms.
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