If we generate a waste that contains a chemical on one of the hazardous waste lists in Subpart D of 40 CFR 261, do we have to manage it as hazardous waste?
A waste that contains a chemical that is on one of the hazardous waste lists in Subpart D is not necessarily a hazardous waste. Whether or not your waste is listed is based on what the waste is, rather than what the waste contains. The hazardous waste lists are descriptions of specific wastes that EPA has defined as hazardous waste. In determining whether your waste is a listed hazardous waste, you should not ask yourself, Does my waste contain one of the listed chemicals? Instead, you need to ask, Is my waste described by any of the lists? There are three lists identifying certain wastes as hazardous. 40 CFR 261.31 is a list of process wastes from “non-specific sources.” In this list, EPA describes several types of wastes resulting from general industrial and commercial activities, including certain spent solvents, electroplating wastes, and petroleum refinery wastes. These wastes are assigned F-numbered waste codes. 40 CFR 261.32 is a list of process wastes from “specific sources.” I
