What is HazWaste?
One of the most important questions in environmental regulatory work is whether a particular substance is hazardous waste. The answer is given in 40 CFR Part 261 Section 3 (40CFR 261.3), which in a previous life I had almost memorized.
I am NOT going to ask you to memorize this section, but it is worth spending some time with it.
First, as §261.3(a) makes clear, a substance is hazardous waste if it is both hazardous and it is waste. It specifies that “solid waste” is defined in §261.2, and exceptions are detailed in §261.4. Each of these can be found using the “Browse Previous | Browse Next” links near the top of the screen.
Once a substance is identified as “solid waste” (and in this context, “solid” does not mean what we usually think), the rest of this section details ways in which it can be identified as hazardous. These are in subsections
§261.3(a)(2)(i), §261.3(a)(2)(ii), §261.3(a)(2)(iii), §261.3(a)(2)(iv), and §261.3(a)(2)(v).
Note that of these, (ii) is an unused subsection and (iv) is a very long subsection, with sub-subsections A-G.
Reading these regulations sometimes requires drawing flow charts. It is also helpful to pay attention to the first lines of the sections at a given level. It would be VERY helpful if the regulations were published with indentation, but they typically are not.
For this assignment, answer the following to the best of your ability:
1. What are some important criteria for a material to be considered solid waste? §261.2
2. What are the four main ways in which a solid waste may be considered hazardous waste? §261.3(i),(iii),(iv),(v)
3. What are some important exceptions? §261.4
Authority: These regulations were all written by EPA, but ONLY because it was directed by Congress and the President to do so. Please look on the main page of Section 261 for information about the authority under which these regs were developed. It mentions a law both by its common acronym (from our Acronym 2 assignment) and several relevant sections of the US Code. What are these authorities?
