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Basic Federal and State Designation
Additional State Only Designation
References are to Chapter 173–303 WAC, the Department of Ecology's Dangerous Waste Regulations.
Always use the Chemical Abstract Services (CAS) number to look up the EPA common name of a chemical. This step is necessary because chemicals may not be listed under familiar names. For example, "1,1,1 trichloroethane" is listed as "methyl chloroform"and you will not find it under the first name unless you use the CAS number. CAS numbers and chemical names can be found in:
The following outline of the designation process is provided as a guide. To properly designate a waste, follow the process described in the Washington Administrative Code, (commonly referred to as the WAC), Dangerous Waste Regulations, WAC 173-303-070 Exit Ecology. A designator needs:
For help with designation contact your Regional Department of Ecology Office and ask to speak to a Hazardous Waste Specialist.
Is the material a solid waste, not a usable product? (See WAC 173-303-016 Exit Ecology)
Solid waste is any liquid, semi-solid or solid material that is not a product and will be thrown away. Construction and demolition wastes are included in the definition of solid waste found in the Washington State Solid Waste Regulations, WAC 173-304-100 (73).
If yes, CONTINUE to Step Two.
If no, STOP, the waste is a usable product. A usable product is not a dangerous waste.
- Businesses that produce solid waste are required by law to determine if their waste is considered hazardous wastes.
- Occasionally someone may think that they need to designate an unwanted product before they sell it or give it away because it has dangerous properties - for example - a salvaged door with lead paint. It does not need to be designated unless it is a waste that will be discarded.
- For example: An unused hazardous solvent that is no longer needed does not need a dangerous waste manifest if it is returned to the supplier for a refund as a product.
Is the waste excluded from the DW regulations? (see WAC 173-303-017 Exit Ecology and WAC 173-303-071 Exit Ecology)
All wastes must be designated before disposal unless they are exempted or excluded (removed) from the dangerous waste regulations.
If yes, STOP, an exempted or excluded waste cannot be a dangerous waste.
If no, CONTINUE to Step Three.
It does not apply to other regulations such as OSHA, Labor and Industries, WISHA, TSCA, or HUD. TSCA and HUD regulate residential lead paint management much more strictly than non-residential.
Refer to the Office of the Code Revisers on-line list of the exclusions in WAC 173-303-071 Exit Ecology - including samples, treated wood wastes, asphalt, roofing tars and shingles .
Refer to Household Hazardous Wastes for additional information about this common exclusion.
And - is it unused chemicals or spill clean up materials from unused chemicals or containers with residues of unused chemicals?
And - is it both described in WAC 173-303-081 Exit Ecology and listed in WAC 173-303-9903 Exit Ecology?
See the Discarded Chemical Products Definition for more information.
See the Dangerous Waste Discarded Chemical Products "P" Code List.
See the Dangerous Waste Discarded Chemical Products "U" Code List.
Or, see the P Codes and U Codes in WAC 173-303-9903 Exit Ecology.
Remember to use the Chemical Abstract Services (CAS) number to look up the chemical. EPA's Envirofacts Query lets you look up CAS numbers for chemical names at http://www.epa.gov/enviro/html/multisystem_query_java.html Exit Ecology.
Construction and demolition activities do not normally generate wastes that would be discarded chemical products.
If yes, use the P or U waste code given and STOP.
If no, or to comply with federal Land Disposal Restrictions, CONTINUE to Step Four.
KnowledgeUse knowledge of the waste. The U and P code wastes are intended for residues of chemical products which should have accompanying Material Safety Data Sheet (MSDS) information and labels.
Refer to the section Clues to Designation Knowledge for information about knowledge that can be gained from Material Safety Data Sheets (MSDS).
Test Methods
None.
Is the waste from a generic or specific source process described in WAC 173-303-082 Exit Ecology and on the Dangerous Waste Sources list in WAC 173-303-9904 Exit Ecology?
See the Generic F waste number list, or the Specific K and WPCB waste number list.
If yes, use the F, K or WPCB waste code given and STOP.
If no, or to comply with federal Land Disposal Restrictions, CONTINUE to Step Five.
KnowledgeThese waste codes were intended to be designated by the generators knowledge.
Test Methods
Two PCB test methods are listed in WAC 173-303-110 Exit Ecology:
F waste number solvent wastes used to clean parts or to remove paint may be generated at a jobsite .
K waste numbers are not normally generated at construction and demolition sites.
WPCB PCB transformer, capacitor or bushings wastes may be at a demolition site. The only "W" State Source at this time is WPCB for polychlorinated biphenyl (PCB) wastes from discarded transformers, capacitors or bushings; or wastes from the salvaging, rebuilding, or discarding of discarded transformers, capacitors or bushings. The generator is required to have knowledge of their PCBs under the federal TSCA PCB laws. PCBs transformers and capacitors are generally labeled and if not labeled must be presumed to contain regulated amounts of PCBs under federal law.
The next four wastes - Characteristic wastes are regulated because they behave in a manner that makes them hazardous or dangerous.
A waste must be evaluated for each of the dangerous waste characteristics if any of the following two conditions is true:
1. The waste did not designate as a discarded chemical product or as a dangerous waste source.
2. The waste designated and it will be land disposed subject to WAC 173-303-140 Exit Ecology (Federal Land Disposal requirements).
Example, an F solvent sent to Arlington, Oregon's federally regulated hazardous waste landfill. An F solvent sent to an incinerator does not need to be designated for the characteristics.
Characteristic waste designation requires either:
Characteristic wastes may designate for more than one characteristic - for example: batteries that are both ignitable and corrosive.
These can be designated with MSDS information or label information or by test results on a representative sample.
The hazardous properties that would make a product ignitable or corrosive for designation should appear on the MSDS to warn users. The information on an MSDS may not be from the same testing methods that is required by the dangerous waste regulations. For example the flash point given on an MSDS may not be from the Pensky-Martin Closed Cup Tester or Setaflash Closed Cup Tester that are referenced under the Ignitable Characteristics in WAC 173-303-090 Exit Ecology
Refer to the section Clues to Designation Knowledge for information about knowledge that can be gained from Material Safety Data Sheets (MSDS).
A sample obtained using any of the applicable sampling methods described in WAC 173-303-110 (2) Exit Ecology, sampling and testing methods, is considered to be a representative sample (WAC 173-303-090 Exit Ecology). A representative sample can be expected to exhibit the average properties of the sample source (WAC 173-303-040 Exit Ecology).
Refer to the section Dangerous Waste Samples Summary for information about representative and composite samples, field sampling and links to suggested screening and sampling plans.
Is the waste ignitable? (See WAC 173-303-090(5) Exit Ecology).
These wastes are regulated because they cause or increase a fire danger.
Look for a number 2 or higher in the (red) upper quarter of the National Fire Protection Association (NFPA) diamond label.
1. Liquids are designated by the results of a specific flash point test.
Aqueous (at least 50% water) solutions are exempt, as long as they contain less than 24 percent alcohol by volume. An example is some types of latex paints that flash but do not keep burning due to their high water content.
Check Material Safety Data Sheets (MSDS) for a flash point less than 60 degrees C (140 degrees F), as determined by a Pensky-Martin Closed Cup Tester, or a Setaflash Closed Cup Tester. Results from different tests would not be acceptable for dangerous waste designation.
Examples: Solvents such as xylene, acetone, and methyl ethyl ketone; Fuels
2. Non-liquids designate if they are capable, under standard temperature and pressure, of causing fire through friction, absorption of moisture or spontaneous chemical changes and, when ignited, burns so vigorously and persistently that it creates a hazard.
Examples: Adhesives, Batteries, Paint.
3. Compressed Gases are defined in the US Department of Transportation Exit Ecology Regulations 49 CFR 173.115, Exit Ecology and are determined to be flammable by the test methods described in that regulation.
Look for a red, or red and white US DOT shipping placard or shipping label with a flame symbol.
Examples: Aerosol cans with a variety of wastes, Nitric oxide
4. Oxidizers are defined in the US Department of Transportation regulations, 49 CFR 173.127 Exit Ecology and 49 CFR 173.128 Exit Ecology .
Look for a yellow USDOT shipping placard or shipping label with an oxidizer (circle and flame) symbol.
The (white) lower quarter of the National Fire Protection Association (NFPA) diamond label will have the letters "OXY" if the material is an oxidizer.
Examples: Hydrogen peroxide, Potassium permanganate, Sodium chlorate
If yes, use the D001 waste code and CONTINUE to Step Six.
If no, CONTINUE to Step Six.
KnowledgeThese waste codes were intended to be designated by the generators knowledge and test methods.
Test Methods
To determine if a waste is ignitable evaluate a representative sample for any of the following properties:
Ignitable Liquids are tested with the Pensky-Martens Closed Cup Tester, using SW-846 test method 1010 specified in ASTM Standard D-93-79 or D-93-80, or a Setaflash Closed Cup Tester, using SW-846 test method 1020 A specified in ASTM Standard D-3278-78.
Ignitable Compressed Gases and Oxidizers are defined by the test methods of the US Department of Transportation .
Is the waste corrosive? (See WAC 173-303-090(6) Exit Ecology).
These wastes are regulated because they react dangerously with other wastes or cause other toxic contaminants to migrate.
Corrosive characteristic wastes have any of the following 3 properties:
1. If it is aqueous - is the pH less than or equal to 2, or greater than or equal to 12.5, as determined by a pH meter using EPA SW-846 test method 9040?
Examples of Corrosive Aqueous Acids: Etching solutions.
Examples of Corrosive Aqueous Bases: Hydroxides found in many different cleaning compounds.
2. If it is a liquid - does it corrode steel (SAE 1020) at a rate greater than 0.250 inch (6.35 mm) per year at a test temperature of 55 degrees C (130 degrees F) as determined by the SW-846 test method 1110 specified in NACE (National Association of Corrosion Engineers) Standard TM-01-69?
An aqueous liquid may pass the pH test but fail the steel corrosion test.
Examples of Liquids that corrode steel: Sulfuric acid, Hydrochloric acid, Nitric acid and Phosphoric acid.
3. Is it a solid or semi-solid which upon testing using SW-846 test method 9045, results in a pH less than or equal to 2, or greater than or equal to 12.5?
A solid or semi solid waste is considered to have less than 20% aqueous content before testing. For the pH test the waste is mixed with an equal weight of water.
To determine if a waste is corrosive look for any of the following three properties on the MSDS or labels:
Examples of Solid Corrosives: Sodium hydroxide (lye or caustic soda), Potassium hydroxide (caustic potash and potash lye) and batteries,
If yes, use the D002 (for liquids) or WSC2 (for solids) waste code and CONTINUE to Step Seven.
If no, CONTINUE to Step Seven.
Knowledge
Corrosives are often stored in stainless steel or glass containers. Hydrofluoric acid is stored in plastic.Look at Material Safety Data Sheets (MSDS) for the pH of the hazardous materials that went into the waste.
Look for a black and white Class 8 US DOT shipping placard or label with a picture of test tubes pouring over a bar and a hand.
Look for numbers in the (blue) left quarter of the National Fire Protection Association (NFPA) diamond label.
Refer to the section Clues to Designation Knowledge for information about knowledge that can be gained from:
Test Methods
To determine if a waste is corrosive evaluate a representative sample for any of the following three properties:
Aqueous waste is a pH meter using EPA SW-846 test method 9040 in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods", EPA publication SW-846, as incorporated by reference in WAC 173-303-110 (3)(a) Exit Ecology .
Liquid that corrodes Type SAE 1020 steel is the SW-846 test method 1110 specified in NACE (National Association of Corrosion Engineers) Standard TM-01-69 as standardized in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA publication SW-846, as incorporated by reference in WAC 173-303-110 (3)(a) Exit Ecology .
Solid or semi-solid is SW-846 test method 9045 in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA publication SW-846.
Is the waste reactive? (See WAC 173-303-090(7) Exit Ecology).
These wastes are regulated because they cause an explosive or sudden toxic danger.
Reactive characteristic wastes have any of the following 8 properties:
1. It is normally unstable and readily undergoes violent change without detonating;
2. It reacts violently with water;
3. It forms potentially explosive mixtures with water;
4. When mixed with water, it generates toxic gases, vapors or fumes in a quantity sufficient to present a danger to human health or the environment;
5. It is a cyanide or sulfide bearing waste which, when exposed to pH conditions between 2 and 12.5 can generate toxic gases, vapors or fumes in a quantity sufficient to present a danger to human health or the environment;
6. It is capable of detonation or explosive reaction if it is subjected to a strong initiating source or if heated under confinement;
7. It is readily capable of detonation or explosive decomposition or reaction at standard temperature and pressure; or
8. It is a forbidden explosive as defined in the US Department of Transportation Exit Ecology Regulations 49 CFR 173.54 Exit Ecology , or a Class 1 explosive, Division 1.1, Division 1.2, Division 1.3, and Division 1.5, as defined in 49 CFR 173.50 Exit Ecology .
Examples of Reactive Wastes: Batteries, Chemical hardeners (dibenzoyl peroxide), Sodium cyanide wastes, Crushed sodium light bulbs, Bleaching powder
If yes, use the D003 waste code and CONTINUE to Step Eight.
If no, CONTINUE to Step Eight.
Knowledge
Look at Material Safety Data Sheets (MSDS) for any reactivity data on the hazardous materials that went into the waste.Look for an orange Class 1 US DOT shipping placard or label with a picture of an explosion. A blue Class 4 placard or label with a flame indicates dangerous when wet.
Look for numbers in the (yellow) right quarter of the National Fire Protection Association (NFPA) diamond label. A material that reacts with water will have a W in the (white) lower quadrant.
Refer to the section Clues to Designation Knowledge for information about knowledge that can be gained from:
Test Methods
To determine if a waste is reactive evaluate a representative sample of suspected cyanide and/or sulfide bearing waste for cyanide or sulfide release.
The Test Method to Determine Hydrogen Cyanide Released from Wastes uses EPA SW-846 test method 7.3.3.2..
The Test Method to Determine Hydrogen Sulfide Released from Wastes uses SW-846 test method 7.3.4.2.
The Titrimetric and Manual Spectrophotometric Determinative Methods for Cyanide uses SW-846 test method 9014.
The Titrimetric Procedure for Acid-Soluble and Acid Insoluble Sulfides uses SW-846 test method 9034.
To determine if a waste is toxic evaluate a representative sample to determine if any constituent or constituents of the waste are listed on the Toxicity Characteristics Leaching Procedure (TCLP) List.
If a waste's constituents are not on the list, the waste cannot be a toxic characteristic waste.
If a constituent or constituents are on the list - then does an extract of a representative sample of the waste fail the limit for leaching given on the TCLP list?
The waste is regulated for the toxicity characteristic if the concentration of a contaminant that leaches out during the test is equal to or greater than the concentration found on the list from WAC 173-303-090 (8) Exit Ecology.
Toxic characteristic wastes listed include certain metals, creosols, pesticides and volatile and semi-volatile organic chemicals.
If yes, use all D004-D043 waste codes that apply and CONTINUE to .
If no, CONTINUE to Additional State Only Designation, Steps Nine and Ten, the Criteria Wastes.
Look at Material Safety Data Sheets (MSDS) to identify the hazardous materials that went into the waste. Use CAS numbers to verify the MSDS chemical names with the names on the table in WAC 173-303-090(8) Exit Ecology.
Look on the US DOT label, placard or shipping papers for a specific four-digit UN identification number. Most of the TCLP list contaminants have a UN number and there are usually several UN numbers for constituents in compounds. For example, 1114 is Benzene but Benzene phosphorus dichloride is 2798.
Look for numbers in the (blue) left quarter of the National Fire Protection Association (NFPA) diamond label.
Refer to the section Clues to Designation Knowledge for information about knowledge that can be gained from:
Test Methods
To determine if a waste has a toxic characteristic evaluate a representative sample by the Toxicity Characteristic Leaching Procedure (TCLP) SW-846 test method 1311 as described in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods", EPA publication , and incorporated by reference in WAC-173-303-110 (3)(a) Exit Ecology.
EPA test method 1311 is the only acceptable test method at this time.
The Extraction Procedure Toxicity Test (EPTOX) Method 1310 was the test used before the TCLP test. Generators and consultants have asked EPA if the old EP Toxicity Test could still be used instead of the TCLP test to designate waste. The answer is no, the TCLP test replaced the EP test because it is more accurate. If a person were to have an EP Toxicity Test run the results of the test could only be used as knowledge, similar to the use of the results of an XRF scan or test for total metals.
At one time the EP toxicity test could be substituted for the TCLP to determine compliance with federal Land Disposal Restriction Treatment Standards for two metals, arsenic and lead. This practice was revoked in the May 26, 1998 Federal Register relating to LDR treatment standard.
If the waste did not designate on Steps Three through Eight, CONTINUE to check Step Nine and Step Ten for each Criteria.
If the waste did designate, and any of the three following conditions are true, CONTINUE, but check only for the EHW waste codes specified:
Otherwise Stop designation:
1. If the generator is a small quantity generator (SQG) and the waste is DW with a 220 pound Quantity Exclusion Limit -
Check Step Nine for WT01 Criteria and STOP.
2. If the waste is DW and is discharged (untreated) to a publicly owned wastewater treatment works (POTW) which will treat the waste under permit by rule -
Check Step Nine or Step Ten for WT01, WP01 or WP03 Criteria and STOP.
3. If the waste is a State Only DW (WPCB, WSC2, WT02 or WP02) and the waste is either:
Check Step Nine or Step Ten for WT01, WP01 or WP03 Criteria and STOP.
If the waste designated in Worksheets Three through Eight as either a listed or a characteristic dangerous waste, but none of the special conditions apply, the designation process can STOP here.
Ecology can also require a generator to test their waste for state criteria per WAC 173-303-070 (4) Exit Ecology.
State toxicity criteria wastes are regulated due to the presence and concentration of constituents that would be lethal to test animals or fish.
Does the waste contain toxic constituents at a concentration that would be defined in WAC 173-303-100 Exit Ecology as either extremely hazardous or as dangerous?
A waste designates as a dangerous waste if it meets the toxicity criteria through:
1. book designation for any known toxic constituent of the waste, or
2. testing by bioassay (on animals) .
Acute toxicity is a discernible, adverse effect (lethal or sublethal) induced in the test organisms within a short period of exposure to a test material, usually less than or equal to 4 days for fish.
Book Designation:
Book designation can be done if the designator has enough knowledge of the waste to identify the toxic components and has access to standard toxicology reference data.
Book designation can also be done when a generator has chemical testing results to identify the components of the waste.
| If The Toxic Constituents Equivalent Concentration Is: | Then The Waste's Designation And Waste Number Are: |
| Less than 0.001%, | The waste is not a toxic criteria dangerous waste. |
| Equal to or greater than 0.001% and less than 1.0%, | The waste is DW and dangerous waste number is WT02. |
| Equal to or less than 0.01%, | The waste is DW and may also be a special waste |
| Equal to or greater than 1.0%, | The waste is EHW and the dangerous waste number is WT01. |
Bioassay Testing
Bioassay or biological testing can be done on a representative sample of a waste with unknown components.
Biological test methods are referenced in WAC 173-303-110 (3) (b) Exit Ecology.The actual test methods are described in Biological Testing Methods 80-12 For the Designation of Dangerous Waste, Department of Ecology Publication #80-12, April 1997.
The test methods referenced are the Static Acute Fish Toxicity Test and the Acute Oral Rat Toxicity Test.
If data from the test indicates that the waste is Dangerous Waste, then assign the dangerous waste number WT02.
If data from the test indicates that the waste is Extremely Hazardous Waste, then assign the dangerous waste number WT01.
Toxic Criteria Waste Codes:
WT01 The waste is Extremely Hazardous Waste.
WT02 The waste is Dangerous Waste.
Examples of Toxic Criteria Wastes: Wash waters, spent solvents, batteries, paints, coatings and sealing compounds.
TopPersistence means the quality of a material which, as defined in WAC 173-303-040 Exit Ecology, retains more than half of its initial activity after one year (365 days) in either a dark anaerobic or dark aerobic environment at ambient conditions.
Does the waste contain persistent organic chemical compounds identified as polycyclic aromatic hydrocarbons (PAHs) or halogenated organic compounds (HOCs)? (See WAC 173-303-100 Exit Ecology)
Generators are not required analyze a waste to determine whether it retains more than half of its initial activity after one year (365 days). Instead, generators are required to identify specific persistence compounds. Those persistence compounds are either halogenated organic compounds (HOCs) or polycyclic aromatic hydrocarbons (PAHs).
PAHs are clearly defined by the regulations through a specific list of chemical constituents of concern. For the purposes of WAC 173-303-040 Exit Ecology, PAH means those hydrocarbon molecules composed of two or more fused benzene rings. There are twenty PAHs of concern listed under current Dangerous Waste Regulations. Refer to the section titled WP03 Waste Codes Exit Ecology for the complete list.
For the purposes of WAC 173-303-040 Exit Ecology, HOC means any organic compound which includes at least one atom of either:
Bromine, Chlorine, Fluorine, or Iodine
which is/are bonded directly to a carbon atom. The carbon-halogen bond is one of the primary organic structures that resist biodegredation in the environment.
How to Designate Persistent Criteria Wastes:
Persistent Criteria Waste Codes :
WP01 The total concentration of HOCs is greater than 1% or 10,000 parts per million - the waste is Extremely Hazardous Waste.
WP02 The total concentration of HOCs is equal to or greater than 0.01% or 100 parts per million, and not more than 1% or 10,000 parts per million - the waste is Dangerous Waste.
WP03 The total concentration of PAHs is greater than 1% or 10,000 parts per million - the waste is Extremely Hazardous Waste. There is no Dangerous Waste concentration level for PAHs.
Examples of Persistent Criteria Wastes:Knowledge for HOCS
If the generator has knowledge of the specific halogenated compounds present in the waste, they should be able to calculate the quantity of HOC. Please refer to Chemical Testing Methods for Designating Dangerous Waste, for further information.
Screening Test Methods for HOCs WP01 - and WP02 waste codes
The Ecology publication Chemical Testing Methods for Designating Dangerous Waste, Department of Ecology Publication #97-407, February 1998 describes the methods for testing halogenated organic compounds.
Because of the wide scope of potentially halogenated wastes streams produced by generators, Ecology recommends that the generator rely on their analytical laboratory for the appropriate analytical method to determine the HOC content in their specific waste stream.
Ecology recommends an HOC screening test, which can be used as knowledge to determine if a waste designates as a HOC based on the total halogen content of the waste stream. If the waste contains a total hologen the generator can either use the associated dangerous waste code or continue with more detailed testing. If some of the total halogens are inorganic instead of organic the waste may not designate.
Ecology recommends that SW-846 Method 9076 be used as the screening method in the determination of total halogens in a waste stream.
Ecology recognizes that several halogen specific analyses that could satisfy the screening criteria. Table 3-1: Methods for Determining Halogens, in Chemical Testing Methods for Designating Dangerous Waste, lists some of the methods described in SW-846.
Designation Test Methods for HOCs
There are thousands of halogenated compounds potentially regulated under the regulatory definition of HOC. There is no single method that will sufficiently determine all of the possible HOCs in a waste stream. It is only when a generator has sufficient knowledge of the waste that a specific analytical method can be applied to the waste stream.
When the chemical constituents of the waste are known, the generator should consult with their analytical laboratory to determine the best test method.
If the chemical constituents of the waste stream are unknown, the generator should test the waste using both
Test Methods for PAHs – WP03
PAHs are defined by a specific list of chemical constituents in the regulations.
See the WP03 Waste Codes for a list of Polycyclic Aromatic Hydrocarbons (PAHs).
Organic compounds are frequently toxic, flammable, and/or may achieve explosive limits in the air.
Organic compounds can also cause a range of detrimental chronic health effects. This hazard, combined with an organic compound's ability to persist in the environment has led to regulatory standards in Chapter 173–303 WAC Exit Ecology.
Other sections of Chapter 173-303 WAC also contain requirements for halogenated compounds