459HAZARDOUS WASTES
A hazardous waste is a solid waste than may (1) cause or
significantly contribute to an increase in serious irreversible
or incapacitating reversible illness, or (2) pose a substantial
threat or potential hazard to human health or the environment
when improperly treated, stored, transported, or disposed of,
or otherwise managed. Hazardous wastes are managed under
two categories: (1) waste material currently being gener-
ated and subject to control by the Resource Conservation
and Recovery Act (RCRA), and (2) wastes that have accu-
mulated at inactive or abandoned sites or wastes result-
ing from spills that require emergency response. Both are
addressed by the Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA), commonly
known as Superfund.
The RCRA identifies hazardous wastes based upon lists
of specific wastes and four characteristics. All waste genera-
tors are required to determine if any of these four character-
istics are exhibited by their wastes.SOLID WASTESHazardous wastes are managed as part of solid wastes; there-
fore, a discussion of the legal definition of solid waste is nec-
essary. The word “solid,” in this case, is misleading, because
solid wastes can include liquids and contained gases. Thus, the
important term is “waste,” which is any material that is dis-
carded—for example, discarded military munitions are con-
sidered solid wastes. Recycling has become a major factor in
waste management, and the manner in which a waste is recy-
cled determines whether it is to be treated as a solid waste.
Material in a waste stream that is recycled by introducing it
directly as an ingredient in a production process is not a solid
waste, nor is it a solid waste if it is used as a substitute for a
commercial product. On the other hand, waste disposed of by
burning as a fuel, or in fuels, is a solid waste, as is material
containing dioxin. If wastes are stored for recycling but are not
75% recycled in a calendar year, they are solid wastes.
Certain specific types of wastes, such as untreated
domestic sewage, industrial wastewater discharges, irriga-
tion return flows, and nuclear materials as defined by the
Atomic Energy Act of 1954, are excluded from the defini-
tion as solid wastes.HAZARDOUS WASTESThe growth of industry during World War II was accompanied
by a great increase in the generation of hazardous wastes. It is
estimated that this increase was accelerated after the war from
half a million metric tons per year to almost 280 million metric
tons by 1995. This phenomenal rate of growth caused Congress
to react by passing the RCRA in 1976 as an amendment to the
Solid Waste Disposal Act (SWDA) of 1965. The RCRA itself
has been amended several times, most significantly in 1984
by the Hazardous and Solid Waste Amendments (HSWA) of- The management of underground storage tanks (USTs)
was included among the amendments.
There are three subtitles in the RCRA that have spe-
cial significance to hazardous wastes. Subtitle C describes
the hazardous-waste program, and Subtitle I describes the
underground storage-tank problem. Subtitle D, which per-
tains to solid wastes, is important because a hazardous waste
must first be identifiable as a solid waste.
As directed by Congress, the Environmental Protection
Agency (EPA) has defined hazardous wastes by listing certain
specific solid wastes as hazardous and by identifying charac-
teristics of a solid waste that make it hazardous.
Is a waste Hazardous? - Is the waste excluded? (40 CFR 261.4) Code of
Federal Regulations
If not,- Is it listed? (40 CFR 261, Subpart D)
F Non specific sources such as spent solvents.
K Source specific wastes.
P - U Discarded products, off-spec material, con-
tainer or spill residues.If not,- Is it a characteristic waste? (40 CFR 261 Subpart C)
All of the wastes on these lists are assigned an identifica-
tion number. All listed wastes are presumed to be hazardous
regardless of their concentration and must be handled accord-
ing to Subtitle D of RCRA.C008_002_r03.indd 459C008_002_r03.indd 459 11/18/2005 10:29:02 AM11/18/2005 10:29:02 AM