Waste – Solid, Universal, and Hazardous

Despite the term “solid waste” The Resource Conservation and Recovery Act (RCRA), 40 CFR 261.2 defines “solid waste” as discarded material that includes “solid, liquid, semisolid or contained gaseous material …” A material is considered discarded if it is abandoned, recycled in certain ways, inherently waste-like, or a waste military munition.

Solid waste includes municipal garbage, industrial byproducts, and hazardous waste—a regulated subset that may be listed or exhibit hazardous characteristics such as ignitability or toxicity. Some materials are excluded, like domestic sewage or certain recycled materials. Whether a material is a solid waste is critical, as it determines if hazardous waste regulations apply. Even materials intended for recycling can be classified as solid waste if the recycling is considered sham or poses environmental risks.

Misidentifying solid waste can result in serious regulatory violations.

To be classified as a hazardous waste, the waste must first be a solid waste under 40 CFR 261.2 and then be a listed or characteristic waste.

A listed waste is a hazardous waste that falls into one of four categories:

• F-List – 40 CFR 261.31 - Identifies wastes from common manufacturing and industrial processes as hazardous. Because the processes generating these wastes can occur in different sectors of industry, the F-list wastes are known as wastes from non-specific sources. Some examples include spent solvent waste, wood preserving waste, metal finishing waste, and metal finishing waste.
• K-List – 40 CFR 261.32 - Identifies hazardous wastes from specific sectors of industry and manufacturing and are considered source-specific wastes. To qualify as a K-listed hazardous waste, a waste must fit into one of the 13 categories on the list and the waste must match one of the detailed K-list waste descriptions. Examples of industries that produce K-list wastes are petroleum refining, ink formulation, and steel production.
• P-List – 40 CFR 261.33 - Identifies acute hazardous wastes from discarded commercial chemical products. The P-list can be found at 40 CFR section 261.33. Some examples include nicotine, warfarin, and arsenic trioxide.
• U-List – 40 CFR 261.33 - Identifies hazardous wastes from discarded commercial chemical products. The U-list wastes can be found at 40 CFR section 261.33. Some examples include acetone, certain pesticides, phenol, and some pharmaceuticals.

A characteristic waste refers to waste that exhibits specific properties defined by the EPA. They are:

• Ignitable (D001)
• Corrosive (D002)
• Reactive (D003)
• Toxic (D004 - D0043)

EPA’s hazardous waste regulations apply differently depending upon your generator category, which is determined by how much hazardous waste you generate each month. The more waste you generate, the more regulated you are. The three federal generator categories are:

• Very Small Quantity Generators (VSQGs) - generate 100 kilograms or less per month of hazardous waste or one kilogram or less per month of acutely hazardous waste.
• Small Quantity Generators (SQGs) - generate more than 100 kilograms, but less than 1,000 kilograms of hazardous waste per month.
• Large Quantity Generators (LQGs) - generate 1,000 kilograms per month or more of hazardous waste or more than one kilogram per month of acutely hazardous waste.

Summary of requirements for hazardous waste generators:

• Track the total weight of hazardous waste generated per month.
• Determine your generator category based on the amount of hazardous waste generated per month.
• Do not accumulate more waste than is allowed for your generator category at any one time. Know what to do if these accumulation limits are exceeded.
• Ship waste offsite for proper disposal with 180 or 90 days, depending on generator category.
• Notify the EPA of your waste activities and obtain an EPA ID number (SQG and LQG).
• Provide RCRA training to employees that handle hazardous waste and provide HAZWOPER training to employees that respond to spills and emergencies.

The universal waste regulations streamline hazardous waste management standards for specific federally designated wastes. The rule is designed to reduce the amount of hazardous waste items to landfills, encourage recycling and proper disposal of certain common hazardous wastes, and reduce the regulatory burden on businesses that generate these wastes.

The federal regulations at 40 CFR 273 identify five specific categories of materials that can be managed as universal wastes: batteries, pesticides, mercury-containing equipment (thermometer, etc.), mercury-containing bulbs/lamps, and non-empty aerosol cans. Universal waste regulations are also determined by how much universal waste you generate each month.

Summary of requirements for universal waste handlers

• Identify waste batteries, lamps, pesticides, mercury-containing equipment, or non-empty aerosol cans eligible for the universal waste program.
• Store universal wastes in appropriate containers.
• Label containers with the words “Universal Waste,” and the type of universal waste (e.g., waste batteries, waste lamps).
• Ship universal waste off-site within one year.
• Ship universal wastes to another universal waste handler or a permitted receiving facility.
• Provide training to all employees who handle universal waste.