The EPA Decision Tool

The EPA has developed a Decision Tool that has been updated to reflect the new revisions to the Definition of Solid Waste which will help generators determine whether their wastes are hazardous. Hazardous wastes are generated at many commercial and industrial facilities. Determination as to whether or not specific wastes are hazardous has been an issue for many clients. Common hazardous wastes include waste paints, waste solvents, waste adhesives, and spill cleanup wastes. Before a material can be classified as a hazardous waste, it must first be a solid waste.

EPA developed a Decision Tool to help generators determine whether materials are solid wastes, and therefore potentially subject to hazardous waste regulation under RCRA Subtitle C regulations (see 40 CFR 261.1(b)). The Definition of Solid Waste Decision Tool v2 is an interactive decision support tool designed to follow a series of decisions that a typical user might make when determining whether a material meets the definition of solid waste for purposes of being a hazardous waste (see 40 CFR 261.1(b)). The decisions in the tool are organized to simplify this determination process and to allow the user to reach a conclusion as quickly as possible.

Click here to view the EPA’s Decision Tool.

The statutory definition of a solid waste is completely irrespective of physical form of the waste regardless of whether it is a solid, liquid, or gas. By using the Tool, a user can go through a series of steps that will help them to determine whether the material meets the definition of a solid waste or is excluded by rule 40 CFR 261.4(a). If the material is not a solid waste or is excluded then it cannot be a hazardous waste and is exempt under RCRA Subtitle C regulations.

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