Question 3: Is the waste listed as hazardous?
Now that we have determined that the waste is not excluded or exempted in some manner, we may now determine whether the waste is a hazardous waste. According to the definition in Title 22 CCR, a waste is hazardous if it:
- Is not excluded from classification as a waste;
- Exhibits a characteristic in Article 3;
- Is listed in Article 4;
- Is listed in Article 4.1;
- Is listed in or contains chemicals listed in Appendix X, unless the waste is determined to be non-hazardous;
- Is a mixture of a waste and a Article 4 (Federal) listed hazardous waste.
These criteria essentially follow the order in Title 22 CCR §66261.3, but we will examine them in a slightly different order, starting with the listings.
So the next key question is whether the waste is listed in Article 4 or 4.1. Comparing the waste to a hazardous waste listing is relatively easy and does not have to involve analytical laboratory testing to determine whether a waste is hazardous. However, you must have some information or knowledge about how the waste was generated in order to determine if it is listed.
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