How can waste generators demonstrate that their wastes are not hazardous?
There are two ways for waste generators to demonstrate that their wastes are nonhazardous: • Waste generators must demonstrate that the annual mass loading levels for the constituents of concern in the wastes are below the specified regulatory levels by either using knowledge of the wastes or through testing of the wastes. If the annual quantity of wastes generated is 1,000 metric tons or less, the generator can use knowledge of the waste constituents (e.g., based on prior analytical data, raw materials used, production processes, and reaction and degradation products). Generators of more than 1,000 metric tons per year of wastes must test their wastes. • Alternatively, if the nonwastewaters are disposed in landfill units that meet specific design standards or are treated in certain permitted combustion units, the wastes would not be hazardous. To use these exemptions, waste generators are required to maintain documentation demonstrating that shipments of their waste were received by a
