Frequent Questions

Are waste generators required to test their wastes to determine whether or not it exhibits a hazardous waste characteristic?

A person who generates a solid waste must determine if that waste is a hazardous waste.  They may do this by either testing or using their knowledge of constituents in the waste and the process that produces the waste (40 CFR §262.11(c)).  It should be noted, if a generator applies knowledge of the waste he/she is required to be correct in the hazardous waste determination (Memo, Lowrance to Oberg; April 16, 1991; RCRA Online 11599).

The following EPA guidance memos discuss the generator's option to test or apply knowledge of waste to determine if it exhibits a hazardous waste characteristic:

Memo, Hansen and Coleman; February 5, 1991 (RCRA Online 11579)
Memo, Lowrance to Oberg; April 16, 1991 (RCRA Online 11599)
Memo, Shapiro to Norwood; May 25, 2000 (RCRA Online 14533)

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