Under United States environmental policy, hazardous waste is a waste (usually a solid waste) that has the potential to:
cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness; or pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed.
Under the 1976 Resource Conservation and Recovery Act (RCRA), a facility that treats, stores or disposes of hazardous waste must obtain a permit for doing so. Generators of and transporters of hazardous waste must meet specific requirements for handling, managing, and tracking waste. Through RCRA, Congress directed EPA to issue regulations for the management of hazardous waste. EPA developed strict requirements for all aspects of hazardous waste management including the treatment, storage, and disposal of hazardous waste. In addition to these federal requirements, states may develop more stringent requirements or requirements that are broader in scope than the federal regulations.
EPA authorizes states to implement the RCRA hazardous waste program. Authorized states must maintain standards that are equivalent to and at least as stringent as the federal program. Implementation of the authorized program usually includes activities such as permitting, corrective action, inspections, monitoring and enforcement.
Regulatory history
Resource Conservation and Recovery Act
Modern hazardous waste regulations in the U.S. began with RCRA, which was enacted in 1976. The primary contribution of RCRA was to create a "cradle to grave" system of record keeping for hazardous wastes. Hazardous wastes must be tracked from the time they are generated until their final disposition.
RCRA's recordkeeping system helps to track the life cycle of hazardous material and reduces the amount of hazardous waste illegally disposed. Regulators can monitor hazardous waste by following the "trail" of the waste as is transferred from one entity to another, from the time it is generated until it is disposed.
Amendments to RCRA specified requirements for incinerators and small quantity generators of hazardous waste and required substandard landfills to be closed. Congress also exempted coal combustion residuals and mining waste from the strict hazardous waste permitting requirements.
Comprehensive Environmental Response, Compensation, and Liability Act
The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), was enacted in 1980. The primary contribution of CERCLA was to create a financial "Superfund" and provide for the clean-up and remediation of closed and abandoned hazardous waste sites.
International treaties
The United States is not a party to the Basel Convention, a 1992 treaty which prohibits the export of hazardous waste from developed countries to developing countries.
Types of hazardous waste
Characteristic wastes
Under EPA regulations, "characteristic hazardous wastes" are defined as wastes that exhibit the following characteristics: ignitability, corrosivity, reactivity, or toxicity.
Ignitability
Ignitable wastes can create fires under certain conditions, are spontaneously combustible, or are liquids with a flash point less than 60 °C (140 °F). Examples include waste oils and used solvents. For more details, see 40 CFR §261.21. Test methods that may be used to determine ignitability include the Pensky-Martens Closed-Cup Method for Determining Ignitability, the Setaflash Closed-Cup Method for Determining Ignitability, and the Ignitability of Solids.
Corrosive
Corrosive wastes are acids or bases (pH less than or equal to 2, or greater than or equal to 12.5) that are capable of corroding metal containers, such as storage tanks, drums, and barrels. Battery acid is an example. For more details, see 40 CFR §261.22. The test method that may be used to determine corrosivity is the Corrosivity Towards Steel (Method 1110A) (PDF).
Reactivity
Reactive wastes are unstable under "normal" conditions. They can cause explosions, toxic fumes, radioactive particles, gases, or vapors when heated, compressed, or mixed with water. Examples include lithium-sulfur batteries and explosives. For more details, see 40 CFR §261.23. There are currently no test methods available.
Toxicity
Toxic wastes are those containing concentrations of certain substances in excess of regulatory thresholds which are expected to cause injury or illness to human health or the environment. For more details see