If you have received a Business Notification letter, the following information pertains to you.
How Can I Determine if I Have Hazardous Waste?
All generators of waste materials are required by law to identify and evaluate their waste. Some wastes are specifically listed in “Identification and Listing of Hazardous Wastes," 40 CFR Part 261
. Other wastes may be regulated because they exhibit certain characteristics (ignitability, corrosively, reactivity, toxicity).
Are my wastes specifically listed as hazardous waste?
The Environmental Protection Agency (EPA) lists hazardous wastes beginning in 40 CFR 261.30. These wastes come from non-specific or specific sources or are discarded or off-spec commercial chemical products and residues. Some listed wastes can be very toxic, even in small amounts. These are called acute hazardous wastes.
Does my waste possess a hazardous characteristic?
Your waste may not be a listed hazardous waste but may be identified as a characteristically hazardous waste if it exhibits any of the following characteristics:
Ignitability: The waste material (solid, gas, or liquid) has a flashpoint of less than 140°F and/or is an aqueous solution with an alcohol content of greater than or equal to 24 percent. Examples are solvents, paint thinners or fuels.
Corrosivity: The waste material is a liquid and has a pH of less than or equal to 2.0, or greater than or equal to 12.5. Examples are acids and caustics.
Reactivity: The waste material is normally unstable and readily undergoes a rapid or violent chemical reaction. Substances that react with water, shock, heat, or pressure are also classified as reactive. Examples are perchlorates, peroxides, and cyanides.
Toxicity Characteristic (TC): This category includes eight heavy metals and thirty-two organic chemicals, including 10 pesticides. Waste in this category need only contain very small amounts of arsenic, lead, mercury or other heavy metals; organics such as benzene, trichloroethylene, perchloroethylene, vinyl chloride, or methyl ethyl ketone; or one of the 10 pesticides.
Guidance for Making Waste Determinations