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It depends!
Unused fireworks are usually products being used for their intended purpose. If disposed, they would normally exhibit the characteristics of ignitability (D001) and reactivity (D003), and sometimes toxicity for metals. [§§261.21, 261.23, and 261.24]
The RCRA status depends on who the generator is. Individuals disposing these wastes at their homes enjoy the household hazardous waste (HHW) exclusion, so they are simply solid wastes in that case. If someone else is the generator, the HHW exclusion will not apply, and the fireworks would be hazardous waste in that case.
In guidance, EPA said “fireworks that are seized by law enforcement generally become hazardous waste when a determination is made that the fireworks are no longer needed as evidence and that they will not be reused or repurposed.” [RO 14892] Legitimate reuse/repurpose might include donation to a local fireworks display run by a licensed operator or use in training excercises for a fire department. If the unused fireworks will be disposed, they are hazardous waste fully subject to RCRA, and EPA has provided several safe management practices in this guidance. Visit our website for additional compliance morsels.
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McCoy and Associates, Inc. makes no representation, warranty, or guarantee in connection with any guidance provided above. McCoy and Associates, Inc. expressly disclaims any liability or responsibility for loss or damage resulting from its use or for the violation of any federal, state, or municipal law or regulation with which such guidance may conflict. Any guidance above is general in nature related to the federal environmental regulations. Persons evaluating specific circumstances dealing with environmental 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.
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