Frequent Questions

Is municipal waste combustion (MWC) ash subject to regulation as a hazardous waste?

Although municipal waste-to-energy (WTE) facilities that burn household wastes alone or in combination with nonhazardous wastes from industrial and commercial sources are exempt from regulation as hazardous waste treatment, storage, or disposal facilities under RCRA Subtitle C, the ash generated at these facilities is not exempt (60 FR 6666; February 3, 1995). Hazardous waste regulation is first imposed on ash generated by a WTE facility when it exits the combustion building following the combustion and air pollution control processes (Memo, Laws to Regions; March 22, 1995, RCRA Online #11901). Although no hazardous waste listing applies to MWC ash, the ash would be a hazardous waste if it were to exhibit a characteristic of hazardous waste (Monthly Call Center Report Question; October 1994, RCRA Online #13702). 

The February 3, 1995, Federal Register is available at the following URL:

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