Does EPA require testing to determine whether a waste is hazardous?
No, EPA regulations require that a generator of waste determine if that waste is hazardous. The generator may test the waste or use its knowledge of the composition or properties of an item to make that determination (40 CFR 261.11). For wastes that may be RCRA hazardous (such as items removed from inventory due to high lead content), the generator may also assume that the waste is hazardous and comply with the hazardous waste regulations. Although testing is not required, if subsequent testing by EPA or others demonstrates that the waste was hazardous, an incorrect determination would leave a waste generator (the retailer or manufacturer) vulnerable to possible enforcement action.
