Regulations for the Identification of Hazardous Waste
This document is organized in a manner similar to the way the definition and identification of
hazardous waste regulations are presented in Title 40 of the Code of Federal Regulations (CFR)
at Part 261.
Title 40: Protection of Environment
PART 261 – Identification and Listing of Hazardous Waste
Subpart C
§
261.3 Definition of hazardous waste
A solid waste, as defined in §261.2,
is a hazardous waste if:
(i) It exhibits any of the characteristics of hazardous waste identified in subpart C of this part.
However, any mixture of a waste from the extraction, beneficiation, and processing of ores and
minerals excluded under §261.4(b)(7) and any other solid waste exhibiting a characteristic of
hazardous waste under subpart C is a hazardous waste only if it exhibits a characteristic that
would not have been exhibited by the excluded waste alone if such mixture had not occurred, or
if it continues to exhibit any of the characteristics exhibited by the non-excluded wastes prior to
mixture. Further, for the purposes of applying the Toxicity Characteristic to such mixtures, the
mixture is also a hazardous waste if it exceeds the maximum concentration for any contaminant
listed in Table 1 to §261.24 that would not have been exceeded by the excluded waste alone if
the mixture had not occurred or if it continues to exceed the maximum concentration for any
contaminant exceeded by the nonexempt waste prior to mixture.
§ 261.3(a)(2)(i)
(a) A solid waste, as defined in §261.2, is a hazardous waste if:
(1) It is not excluded from regulation as a hazardous waste under §261.4(b); and
(2) It meets any of the following criteria:
(i) It exhibits any of the characteristics of hazardous waste identified in subpart C of this part.
However, any mixture of a waste from the extraction, beneficiation, and processing of ores and
minerals excluded under §261.4(b)(7)
and any other solid waste exhibiting a characteristic of
hazardous waste under subpart C is a hazardous waste only if it exhibits a characteristic that
would not have been exhibited by the excluded waste alone if such mixture had not occurred, or
if it continues to exhibit any of the characteristics exhibited by the non-excluded wastes prior to
mixture. Further, for the purposes of applying the Toxicity Characteristic to such mixtures, the
mixture is also a hazardous waste if it exceeds the maximum concentration for any contaminant
listed in table 1 to §261.24
that would not have been exceeded by the excluded waste alone if the
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