September 6, 2017

RCRA Status of Waste Cigarettes and Fireworks

Two recent guidance documents issued by EPA provide the RCRA regulatory status of waste cigarettes and fireworks:

Cigarettes and cigars made from tobacco are not in the form of pure or technical grade chemicals, nor are they formulations in which nicotine is the sole active ingredient. Therefore, EPA does not consider unused cigarettes and cigars to be P075 listed hazardous wastes when discarded. While unused cigarettes and cigars are not P075 when discarded, it is the generator’s responsibility to determine whether or not they exhibit any of the hazardous waste characteristics. [RO 14894] This guidance is interesting, because it comes to a different conclusion compared to the agency’s stance on e-cigarette “juice” cartridges; in RO 14851, EPA noted that cartridges of the nicotine liquid removed from e-cigarettes would be P075 if discarded, unless they are rendered RCRA-empty per §261.7(b)(3).
Discarded unused fireworks are not listed hazardous waste but may be hazardous due to their reactivity (D003), as well as ignitability (D001) because many contain oxidizer chemicals. In addition, waste fireworks may exhibit the toxicity characteristic due to their metal content. Although waste fireworks generated on the premises of a household are excluded from the federal RCRA regulations per §261.4(b)(1), fireworks confiscated by law enforcement are not eligible for this exclusion. [RO 14892]

EPA also used RO 14892 to provide the regulations, best management practices, and standard operating procedures applicable to the safe handling, storage, and treatment of waste fireworks and other energetics. The information came from EPA’s RCRA regulations as well as regulations, best practices, and guidelines from other federal agencies, including ATF, OSHA, and DOT, and private sector organizations. If you work with these items, it may be worth a look.

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This document addresses issues of a general nature related to the federal RCRA regulations. Persons evaluating specific circumstances dealing with the RCRA regulations should review state and local laws and regulations, which may be more stringent than federal requirements. In addition, the assistance of a qualified professional should be enlisted to address any site-specific circumstances.