Debunking Common Misconceptions About Waste Profiles
Waste profiles and waste determination documentation are not the same.
The Code of Federal Regulations Title 40 Chapter 261 requires that a “person” who generates a waste “must make an accurate determination as to whether that waste is a hazardous waste in order to ensure wastes are properly managed according to applicable RCRA regulations.” Most state rules also require waste determinations and are sometimes more stringent than federal requirements.
It is a common misconception that waste profiles created by waste disposal companies suffice as “accurate determination.” While waste profiles satisfy many regulatory requirements in state and federal rules, they rarely contain all the information necessary for proper waste determination documentation and recordkeeping. Many states have published guidance explicitly stating that wastes profiles are considered insufficient evidence for waste determination. Relying on profiles alone can put a facility at risk for compliance violations during a regulatory agency inspection.
Every waste stream, even non-hazardous wastes, needs a documented waste determination.
Another common misconception is that only hazardous wastes need waste determination records. However, to demonstrate compliance, facilities must maintain waste determination records for all waste materials, including non-hazardous wastes, universal wastes, and used oil. Records for materials that are excluded or exempted from the definition of solid waste are also required.
There are secondary benefits of maintaining accurate waste determinations.
Conducting waste determinations and maintaining accurate records is not only required for compliance, but it can also have secondary benefits which include the following:
- Confirmation of the accuracy of waste classification and profile information provided by waste vendors
- Reduction of risk of liability for improper disposal due to misclassification
- Accurate determination of waste generator status (very small quantity generator, small quantity generator, or large quantity generator)
- EPA, state, and county inspection readiness
TRC Can Help
If you have been relying on waste profiles as your waste determination documentation, TRC can help close the compliance gap. Our tested practitioners throughout the United States can assist with your waste determinations and create proper documentation based on applicable regulatory exclusions or exemptions, safety data sheets (SDSs), analytical data and/or process knowledge.
Contact our experts below to learn more and discuss solutions to your unique challenges.