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:
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.
Title 22 CCR §66261.3
RCRA Listed Hazardous Waste Delisting Other Listed Waste (Article 4.1) California Listed Mixture Rule