McMorsel: RCRA's 4 questions
keep you out of trouble!

Doing waste ID? It’s 1-2-3-4.

EPA estimates 30% of hazardous waste determinations are incorrect. Make it a habit to ask these 4 questions, in this order, when making a hazardous waste determination and it will be help you get it right. [§262.11]

1. Is it a solid waste? If the answer is “No,” the material cannot be a hazardous waste. If “Yes,” go to 2.

2. Is it excluded? If the answer is “Yes,” the material is excluded from the RCRA. If “No,” go to 3.

3. Is it listed? If “Yes,” the material is a listed hazardous waste and subject to the RCRA regs. The generator must also ask 4.

4. Is it characteristic? If the answer is “Yes,” the material is a characteristic hazardous waste and subject to RCRA. If the answer is “No,” the material is not hazardous—unless answer 3 was “Yes.”

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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.