This fact sheet is not intended to supersede the regulations. It is your responsibility to comply with all applicable laws and regulations. A hazardous waste determination is a procedure used to determine whether a waste is a hazardous waste.
Generators are responsible for making hazardous waste determinations.
Excluded wastes are found in 40 CFR 261.4. If your waste is identified in this Subpart, then you have a listed hazardous waste. If your waste is not identified on this list, then proceed to the next step. If your waste is not excluded or listed, then you need to determine if it is a characteristic hazardous waste. In considering the materials that make up the waste, the generator needs to examine the specific chemical and physical characteristics of the waste material.