Making a Hazardous Waste Determination

To begin, let us first review the following question:

Q: What is a "solid waste"?

EPA’s definition of a "solid waste" is not dependent on the physical form of the material (i.e.: whether or not it is a solid, as opposed to a liquid or gas), but rather that the material is a waste. A solid waste is further defined as any material that is unwanted, no longer has beneficial use, is inherently waste-like, or is to be discarded and is not excluded by regulations or by a regulatory variance. An Excluded Waste does not mean that there are no associated regulatory requirements, but only that it’s management and disposal requirements differ from a "Hazardous Waste". Excluded Wastes are not covered within this e-tool. For our purposes, an Excluded Waste may include a: Radioactive, Biological/Regulated Medical Waste, Controlled Substance, Scrap Metal, Used Oil, or Household Waste.

If a solid waste has the potential to be environmentally regulated, regulations require that at any time a solid waste is disposed, the generator of that waste must ensure that the solid waste is properly managed on-site and disposed of in accordance with regulations. Therefore, proper disposal of a solid waste (gas, liquid, or solid) relies on the proper waste classification, or waste determination.