Classification of Hazardous Waste - Exclusions

Samples sent to a laboratory for the sole purpose of characterization and identification are exempt from RCRA regulations.

In order to qualify for the sample exemption, a sample collector shipping samples to lab and a lab returning samples to a collector must comply with shipping requirements specified by U.S. DOT and USPS.

After a sample is analyzed, it is waste unless it is being held for a "specific" purpose.

Waste samples used in small-scale treatability studies are conditionally exempt from regulations under Subtitle C of RCRA ( 40 CFR §§261.4(d), (e), (f) or 53 FR 27290, July 19, 1988). In order to qualify for this exemption the treatability samples must be no more than 1000 kg hazardous waste, 1 kg of acutely hazardous waste, or 250 kg of soils, water or debris contaminated with acutely hazardous waste.

Section 260.10 Definition of a Treatability Study: A study in which a hazardous waste is subjected to a treatment process to determine: (1) Whether the waste is amenable to the treatment process, (2) what pretreatment (if any) is required, (3) the optimal process conditions needed to achieve the desired treatment, (4) the efficiency of a treatment process for a specific waste or wastes, or (5) the characteristics and volumes of residuals from a particular treatment process. Also included in this definition for the purpose of §261.4 (e) and (f) exemptions are liner compatibility, corrosion, and other material compatibility studies and toxicological and health effects studies. A "treatability study" is not a means to commercially treat or dispose of hazardous waste.