Note: This web page is a part of DTSC's Hazardous Waste Classification training course.
Q1: Is the Material a Waste?
The first question we need to ask ourselves about the material is whether the material is a waste, as defined in statutes and regulations. A “waste” is a material that has been used or has otherwise served its intended purpose and, for whatever reason, can or will no longer be used. In 22 CCR, a waste is defined as any discarded1 material (in any form, such as solid, liquid, semi-solid, or contained gas) that is not excluded by 22 CCR section 66261.4(a) or 66261.4(e) or HSC section 25143.2(b) or 25143.2(d).
A material is considered to be discarded if it is:
- Relinquished2 (disposed of; burned or incinerated; accumulated, stored or treated, but not recycled, before, or instead of, being disposed of, burned or incinerated) or
- Recycled3 (accumulated, stored or treated before recycling by being used in a manner constituting disposal [placed on land], burned for energy recovery, reclaimed, or accumulated speculatively) or
- Inherently waste-like4 when it is recycled (such as RCRA waste codes F020, F021, F022, F023, F026, and F028 [contains dioxins], or a secondary materials fed to a halogen acid furnace).
Regarding accumulated, stored, or treated material: If you accumulate, store, or treat a material, but never dispose of it by burning or incineration, it is considered relinquished which is discarded and, therefore, a waste.
Materials are also wastes if they are mislabeled or inadequately labeled, unless the label is corrected within 10 days. If the container is deteriorated or damaged, it is considered a waste, unless the container is repackaged within 96 hours5. In these cases, the waste must pose a threat to human health or the environment (HSC section 25124).
Activity 1: Waste or Not
Scenario:
A country club maintains a swimming pool for their members and uses muriatic acid (31.45% hydrochloric acid, pH less than 1.0) to maintain the pH balance in the pool. During use and storage, the label becomes unreadable due to the highly corrosive nature of the acid.
Question 1:
Is the pool acid mislabeled or inadequately labeled? Choose your selection(s).
Answer
- Mislabeled – Incorrect. The label says muriatic acid, but it’s not readable.
- Inadequately labeled – Correct! The worn-out label is inadequate.
- Neither – Incorrect. There is something wrong with the label.
Question 2:
Does the pool acid pose a threat to human health or the environment? Answer options are:
Answer
- Yes – Correct! Pool acid is highly corrosive at pH < 1.0.
- No – Incorrect.
Question 3:
When will the pool acid be considered a waste? Answer options are:
Answer
- It is already a waste – Incorrect. The generator has a grace period to fix the labeling issue.
- In ten days, no matter what – Incorrect. If the generator doesn’t correct the problem, it will become a waste.
- In ten days, if labeling is not corrected – Correct! If the labeling is not corrected in 10 days, the pool acid will be a waste because it meets the three conditions — inadequately labeled, a threat to human health (as well as to the environment), and has not been corrected within 10 days.
References
122 CCR section 66261.2(b)
222 CCR section 66261.2(c)
322 CCR section 66261.2(d)
422 CCR section 66261.2(e)
522 CCR section 66261.2(f)