Step 1 of 10. Listed hazardous wastes and materials exhibiting a characteristic of hazardous waste.

Is your material listed pursuant to 40 CFR 261.31, 261.32, or 261.33, or does it exhibit a characteristic pursuant to 40 CFR Part 261 Subpart C?

Prior to using the DSW Decision Tool to determine if your material meets the definition of solid waste for purposes of being a hazardous waste (see 40 CFR 261.1(b)), please verify that your material is either a listed hazardous waste or exhibits a characteristic of hazardous waste. If neither applies for your material, you should not need to use the DSW Decision Tool; instead, please see the Non-Hazardous Waste web site for guidance on the management of your material.

• For information about listed hazardous waste, see the Listed Wastes page.
• For information about characteristics of hazardous waste, see the Characteristic Wastes page.

Please select an answer:

• If YES, proceed to Step 2.
• If NO, please see the Non-Hazardous Waste web site.

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Step 2a of 10. Ingredients, substitutes, and materials returned to the original process.

Are you performing any of the activities under 40 CFR 261.2(e)(1)?

Please select an answer:

• If YES, please select the activity which applies to you, then click “continue” to answer a follow-up question (Step 2b).
  • Used or reused as an ingredient;
  • Used or reused as an effective substitute; or,
  • Returned to the original process without first being reclaimed.
  • » Continue «
• If NO, continue to Step 3.

Not sure what this question is asking? Please see the DSW Compendium, Volume M: Use/Reuse (PDF) (15 pp, 255K) for resources specific to this topic area.

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Step 2b of 10. Materials that may be solid wastes even when recycled.

Is your material a solid waste even when recycled?

This material generally is not a solid waste. However, materials are solid wastes, even if the recycling involves use, reuse, or return to the original process if the materials are inherently waste-like; used in a manner constituting disposal; burned for energy recovery, used to produce a fuel, or contained in fuels; or, accumulated speculatively.

Do any of the above apply to your material?

Please select an answer:

• If YES, please select one or more of the applicable activities shown below, then click “continue” to view the detailed results.
  • The materials are inherently waste-like;
  • Materials used in a manner constituting disposal;
  • Materials burned for energy recovery, used to produce a fuel, or contained in fuels; or,
  • Materials accumulated speculatively.
  • » Continue «
• If NO, view the detailed results.

Not sure what this question is asking?

• Review each of the above items in more detail (skips to Step 5).
• Please see the DSW Compendium, Volume A: Exclusions (PDF) (78 pp, 618K) for resources specific to this topic area.

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Step 3 of 10. Specific Exclusions

Is the material specifically excluded under 40 CFR 261.4(a)?

Please select an answer:

• If YES, please select the appropriate exclusion from the list below, then click “continue” to view the detailed results.
  • Select the exclusion: (a)(1) Domestic sewage (POTWs exclusion) (a)(2) Industrial wastewater point source discharges (a)(3) Irrigation return flows (a)(4) Source, special nuclear, or by-product... (a)(5) Materials subject to in-situ mining techniques (a)(6) Pulping liquors (a)(7) Spent sulfuric acid (a)(8) Reclaimed secondary materials (a)(9) Wood preserving wastes and drip pads (a)(10) Coke by-products wastes (a)(11) Nonwastewater splash condenser dross... (a)(12) Petroleum refinery wastes (a)(13) Scrap metal (a)(14) Shredded circuit boards being recycled (a)(15) Condensates from kraft mill steam... (a)(16) Comparable fuels or comparable syngas... (a)(17) Spent materials from the primary minerals... (a)(18) Petrochemical recovered oil (a)(19) Spent caustic solutions from petroleum... (a)(20) Hazardous secondary materials used to... (a)(21) Zinc fertilizers made from hazardous... (a)(22) Used cathode ray tubes (CRTs) (a)(23) Hazardous secondary materials reclaimed... (a)(24) Hazardous secondary materials transferred... (a)(25) Hazardous secondary materials exported... (a)(26) Solvent-contaminated wipes that are sent for cleaning and reuse...
  • » Continue «
• If NO, continue to Step 4.

Not sure what this question is asking? For exclusions (a)(1) through (a)(22), please see the DSW Compendium, Volume A: Exclusions (PDF) (78 pp, 618K). For exclusions (a)(23) through (a)(25), please see information regarding the 2008 final rulemaking and the list of requirements and conditions for these exclusions.

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Step 4 of 10. Discarded Materials: Military Munitions

Is the material a military munition identified as solid waste?

As provided by 40 CFR 261.2(a)(2)(iv), a military munition is a solid waste if it is defined as such in 40 CFR 266.202.

Is the material a military munition identified as solid waste?

Please select an answer:

• If YES, view the detailed results.
• If NO, continue to Step 5.

Not sure what this question is asking? Please see the DSW Compendium, Volume C: Military Munitions (PDF) (18 pp, 123K) for resources specific to this topic area.

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Step 5 of 10. Discarded Materials: Inherently Waste-Like Materials

Is the material inherently waste-like?

Some materials pose such a threat to human health and the environment that they are always considered solid wastes; these materials are considered to be inherently waste-like. See 40 CFR 261.2(d) for the full description of inherently waste-like materials.

Is the material inherently waste-like?

Please select an answer:

• If YES, view the detailed results.
• If NO, continue to Step 6.

Not sure what this question is asking? Please see the DSW Compendium, Volume L: Inherently Waste-Like Materials (PDF) (9 pp, 125K) for resources specific to this topic area.

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Step 5 of 10. Discarded Materials: Inherently Waste-Like Materials

Is the material inherently waste-like?

Some materials pose such a threat to human health and the environment that they are always considered solid wastes; these materials are considered to be inherently waste-like. See 40 CFR 261.2(d) for the full description of inherently waste-like materials.

Is the material inherently waste-like?

Please select an answer:

• If YES, view the detailed results.
• If NO, skip to Step 7.

Not sure what this question is asking? Please see the DSW Compendium, Volume L: Inherently Waste-Like Materials (PDF) (9 pp, 125K) for resources specific to this topic area.

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Step 6 of 10. Discarded Materials: Abandoned Materials

Is the material abandoned?

As described under 40 CFR 261.2(b), a material is abandoned if it is disposed of; burned or incinerated (not including burning for energy recovery); or, accumulated, stored, or treated (but not recycled) before or in lieu of being abandoned by being disposed of, burned, or incinerated.

Do any of the above apply to your material?

Please select an answer:

• If YES, please select the applicable activity from the below list, then click “continue” to view the detailed results.
  • Disposed of;
  • Burned or incinerated (not including burning for energy recovery); or,
  • Accumulated, stored, or treated (but not recycled) before or in lieu of being abandoned by being disposed of, burned, or incinerated.
  • » Continue «
• If NO, continue to Step 7.

Not sure what this question is asking? Please see the DSW Compendium, Volume B: Abandoned Materials (PDF) (9 pp, 124K) for resources specific to this topic area.

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Step 7a of 10. Recycled Materials: Use Constituting Disposal Practices

Is the material used in a manner constituting disposal?

As described under 40 CFR 261.2(c), discarded materials are solid wastes if they are recycled — or accumulated, stored, or treated before recycling — by being used in a manner constituting disposal, burned for energy recovery, reclaimed, or accumulated speculatively.

As described under 40 CFR 261.2(c)(1), a material is used in a manner constituting disposal if it is (A) Applied to or placed on the land in a manner that constitutes disposal or (B) used to produce products that are applied to or placed on the land or are otherwise contained in products that are applied to or placed on the land (in which cases the product itself remains a solid waste).

Does either of the above apply to your material?

Please select an answer:

• If YES, please select the applicable activity from the below list, then click “continue” to answer a follow-up question (Step 7b).
  • (A) Applied to or placed on the land in a manner that constitutes disposal; or
  • (B) Used to produce products that are applied to or placed on the land or are otherwise contained in products that are applied to or placed on the land (in which cases the product itself remains a solid waste).
  • » Continue «
• If NO, continue to Step 8.

Not sure what this question is asking? Please see the DSW Compendium, Volume D: Use Constituting Disposal (UCD) (PDF) (16 pp, 111K) for resources specific to this topic area.

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Step 7b of 10. Use Constituting Disposal Practices: Commercial Chemical Products

Is the material a commercial chemical product listed in 40 CFR 261.33 and is land application the ordinary use for the material?

Commercial chemical products listed in 40 CFR 261.33 are not solid wastes if they are applied to the land and land application is their common use.

Is the material a commercial chemical product listed in 40 CFR 261.33 and is land application the ordinary use for the material?

Please select an answer:

• If YES, view the detailed results.
• If NO, view the detailed results.

Not sure what this question is asking? Please see the DSW Compendium, Volume D: Use Constituting Disposal (UCD) (PDF) (16 pp, 111K) for resources specific to this topic area.

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Step 8a of 10. Recycled Materials: Burning for Energy Recovery Practices

Is the material burned for energy recovery, used to produce a fuel, or contained in fuels?

As described under 40 CFR 261.2(c)(2), a material is a solid waste under the burning for energy recovery definition if it is (A) Burned to recover energy or (B) used to produce a fuel or otherwise contained in fuel (in which case the fuel itself remains a solid waste).

Does either of the above apply to your material?

Please select an answer:

• If YES, please select the applicable activity from the below list, then click “continue” to answer a follow-up question (Step 8b).
  • (A) Burned to recover energy; or,
  • (B) Used to produce a fuel or otherwise contained in fuel.
  • » Continue «
• If NO, continue to Step 9.

Not sure what this question is asking? Please see the DSW Compendium, Volume E: Burning for Energy Recovery (PDF) (12 pp, 83K)– Lists resources specific to this topic area.

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Step 8b of 10. Burning for Energy Recovery: Commercial Chemical Products

Is the material a commercial chemical product listed in 40 CFR 261.33 and it is itself a fuel?

Commercial chemical products listed in 40 CFR 261.33 are not solid wastes if they are themselves fuels.

Is the material a commercial chemical product listed in 40 CFR 261.33 and is it itself a fuel?

Please select an answer:

• If YES, view the detailed results.
• If NO, view the detailed results.

Not sure what this question is asking? Please see the DSW Compendium, Volume E: Burning for Energy Recovery (PDF) (12 pp, 83K) for resources specific to this topic area.

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Step 9a of 10. Recycled Materials: Speculative Accumulation

Is the material accumulated speculatively?

As described under 40 CFR 261.2(c), discarded materials are solid wastes if they are recycled— or accumulated, stored, or treated before recycling — by being used in a manner constituting disposal, burned for energy recovery, reclaimed, or accumulated speculatively.

The accumulated speculatively provision appears at 40 CFR 261.2(c)(4). The definition of “accumulated speculatively” is provided at 40 CFR 261.1(c)(8).

Is the material accumulated speculatively?

Please select an answer:

• If YES, please answer a follow-up question (Step 9b).
• If NO, continue to Step 10.

Not sure what this question is asking? Please see the DSW Compendium, Volume G: Speculative Accumulation (PDF) (13 pp, 187K) for resources specific to this topic area.

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Step 9b of 10. Recycled Materials: Speculative Accumulation

Is the material being accumulated speculatively a commercial chemical product listed in 40 CFR 261.33?

Please select an answer:

• If YES, view the detailed results.
• If NO, view the detailed results.

Not sure what this question is asking? Please see the DSW Compendium, Volume G: Speculative Accumulation (PDF) (13 pp, 187K) for resources specific to this topic area.

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Step 10a of 10. Recycled Materials: Reclaimed

Is the material being reclaimed?

The reclaimed provision appears at 40 CFR 261.1(c)(4). A material is reclaimed if it is processed to recover a usable product or regenerated. Examples are recovery of lead values from spent batteries and regeneration of spent solvents. In addition, for purposes of 40 CFR 261.2(a)(2)(ii), 261.4(a)(23), and 261.4(a)(24) smelting, melting and refining furnaces are considered to be solely engaged in metals reclamation if the metal recovery from the hazardous secondary materials meets the same requirements as those specified for metals recovery from hazardous waste found in 40 CFR 266.100(d)(1)–(3), and if the residuals meet the requirements specified in 40 CFR 266.112.

Is the material being reclaimed?

Please select an answer:

• If YES, please select the applicable activity from the below list, then click “continue” to answer a follow-up question (Step 10b).
  • Processed to recover a usable product
  • Regenerated
  • » Continue «
• If NO, please click here.

Not sure what this question is asking? Please see the DSW Compendium, Volume F: Reclamation (PDF) (15 pp, 243K) for resources specific to this topic area.

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Step 10b of 10. Recycled Materials: Reclaimed

Is the material being reclaimed a sludge or by-product exhibiting a characteristic of hazardous waste (note: this does not pertain to listed wastes)?

Please select an answer:

• If YES, view the detailed results.
• If NO, please answer a follow-up question (Step 10c).

Not sure what this question is asking? Please see:

• “Sludge” is defined at 40 CFR 260.10.
• “By-product” is defined at 40 CFR 261.1(c)(3).
• For information on hazardous waste characteristics, see the Hazardous Waste homepage.
• DSW Compendium, Volume F: Reclamation (PDF) (15 pp, 243K) for resources specific to this topic area.

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Step 10c of 10. Recycled Materials: Reclaimed

Is the material being reclaimed a commercial chemical product listed in 40 CFR 261.33?

Please select an answer:

• If YES, view the detailed results.
• If NO, please answer a follow-up question (Step 10d).

Not sure what this question is asking? Please see the DSW Compendium, Volume F: Reclamation (PDF) (15 pp, 243K) for resources specific to this topic area.

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Step 10d of 10. Exclusion for hazardous secondary materials reclaimed under the control of the generator in land-based and non-land-based units.

Are you managing your materials pursuant to 40 CFR 261.4(a)(23) or 40 CFR 261.2(a)(2)(ii)?

(Note: You must check with your state to determine if you are eligible to manage hazardous secondary materials under 40 CFR 261.4(a)(23) or 40 CFR 261.2(a)(2)(ii). See also a map showing the states authorized for the Revisions to the Definition of Solid Waste regulations.)

A hazardous secondary material is not a solid waste provided that it is managed in land-based units as defined in 40 CFR 260.10 (per 40 CFR 261.4(a)(23)) or handled only in non-land-based units (per 40 CFR 261.2(a)(2)(ii)), and is:

• generated and reclaimed under the control of the generator as defined in 40 CFR 260.10,
• contained,
• generated and reclaimed within the United States and its territories,
• not speculatively accumulated, as defined in 40 CFR 261.1(c)(8),
• not otherwise subject to material-specific management conditions under 40 CFR 261.4(a) when reclaimed,
• not a spent lead acid battery (see 40 CFR 266.80 and 273.2),
• does not meet the listing description for K171 or K172 in 40 CFR 261.32, and that
• the reclamation of the material is legitimate, as specified under 40 CFR 260.43, and
• persons claiming the exclusion under 40 CFR 261.4(a)(23) or the exclusion under 40 CFR 261.2(a)(2)(ii) must provide notification as required by 40 CFR 260.42).

Are you managing your materials pursuant to 40 CFR 261.4(a)(23) or 40 CFR 261.2(a)(2)(ii)?

Please select an answer:

• If YES, please select the applicable exclusion below, then click “continue” to view the detailed results.
  • Exclusion for land-based units (40 CFR 261.4(a)(23))
  • Exclusion for non-land-based units (40 CFR 261.2(a)(2)(ii))
  • » Continue «
• If NO, answer a follow-up question (Step 10e).

For a more detailed description of these exclusions, please see the Final Definition of Solid Waste Rule (PDF)(122 pp, 589K). You may also see the DSW Compendium, Volume F: Reclamation (PDF) (15 pp, 243K) for resources specific to reclamation.

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Step 10e of 10. Exclusion for hazardous secondary materials transferred for the purpose of reclamation.

Are you managing your materials pursuant to 40 CFR 261.4(a)(24) or 40 CFR 261.4(a)(25)?

(Note: You must check with your state to determine if you are eligible to manage hazardous secondary materials under 40 CFR 261.4(a)(24) or 40 CFR 261.4(a)(25). See also a map showing the states authorized for the Revisions to the Definition of Solid Waste regulations.)

A hazardous secondary material is not a solid waste provided that

• the material is not speculatively accumulated, as defined in 40 CFR 261.1(c)(8),
• the material is not otherwise subject to material-specific management conditions under 40 CFR 261.4(a) when reclaimed,
• the material is not a spent lead acid battery (see 40 CFR 266.80 and 273.2),
• the material does not meet the listing description for K171 or K172 in 40 CFR 261.32,
• the reclamation of the material is legitimate, as specified under 40 CFR 260.43,
• persons claiming the exclusion must provide notification as required by 40 CFR 260.42),
• the material is contained,
• generators make reasonable efforts,
• generators and reclaimers maintain shipping records,
• generators maintain and reclaimers send confirmations of receipt,
• generators provide notice and obtain consent for hazardous secondary materials exported for reclamation,
• reclaimers and intermediate facilities manage materials in a manner at least as protective with analogous raw materials,
• reclaimers manage recycling residuals safely, and
• reclaimers and intermediate facilities have financial assurance.

Are you managing your materials pursuant to 40 CFR 261.4(a)(24) or 40 CFR 261.4(a)(25)?

Please select an answer:

• If YES, please select the applicable exclusion below, then click “continue” to view the detailed results.
  • Exclusion for hazardous secondary materials transferred for reclamation (40 CFR 261.4(a)(24))
  • Exclusion for hazardous secondary materials exported for reclamation (40 CFR 261.4(a)(25))
  • » Continue «
• If NO, view the detailed results.

For a more detailed description of these exclusions, please see the Final Definition of Solid Waste Rule (PDF) (122 pp, 589K). You may also see the DSW Compendium, Volume F: Reclamation (PDF) (15 pp, 243K) for resources specific to reclamation.

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Answer A (Material is not a solid waste)

Based on your answers, your material does not appear to be a solid waste.

Please note that the materials must be recycled safely and legitimately. For additional information on this issue, see pages 64700-64710 of the 2008 Final Definition of Solid Waste (DSW) Rule (PDF) (122 pp, 589K), the April 26, 1986 memo on F006 recycling (aka “Lowrance Memo”) (PDF) (6 pp, 43KB) and the DSW Compendium, Volume N: Legitimate Recycling (PDF) (12 pp, 242K).

However, you may want to review the selections you have made in this tool kit to ensure their accuracy. If you require technical assistance with the tool, you may submit a question.

Also note that your material also may be subject to other environmental regulation, e.g., under RCRA Subtitle D or other state hazardous waste regulations. For more information on wastes regulated under RCRA Subtitle D, see the Non-hazardous Waste homepage.

Note: You must check with your state to determine if you are eligible to manage materials under specific exclusions from the definition of solid waste. Please contact your appropriate state environmental authority for official guidance.

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Answer B (User made a mistake)

You seem to have made a mistake.

By answering “No” to the previous question (“Is the material being reclaimed?”), you have eliminated all available options for your material. You may have selected the wrong option somewhere in the tool.

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Answer C (Material is a solid waste)

Based on your answers, your material appears to be solid waste and may be subject to RCRA Subtitle C regulation.

So, what’s next?

Your solid waste may be:

1. Excluded from the definition of hazardous waste under 40 CFR 261.4(b);
2. Solid and hazardous waste not subject to hazardous waste regulation under 40 CFR 261.5, 261.6, 261.7, 261.8, or 261.9;
3. A hazardous waste subject to alternative standards when recycled; or,
4. Subject to full hazardous waste requirements.
   1. The full requirements for facilities that store and/or recycle hazardous wastes are outlined in 40 CFR 261.6(b)-(c). Additional information on requirements for persons who generate, transport, or store prior to recycling is provided at the Hazardous Waste homepage.
   2. For more information on characteristic and listed wastes, see the Hazardous Waste homepage.

Also, some materials may have received a case-by-case variance from the definition of solid waste. Standards and criteria for variances and non-waste determinations are provided at 40 CFR 260.30, 260.31, and 260.34. For additional information, see DSW Compendium, Volume S: Case-by-Case Variances (PDF) (13 pp, 97K).

This web site describes Federal regulations for hazardous wastes. You may be subject to more stringent regulations established by your state. Please contact your appropriate state environmental authority for official guidance.

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