Who must perform hazardous waste determination under RCRA?

• A. The generator or facility handling the waste
• B. The transporter
• C. The end-user of the product
• D. The local fire department

Answer: (C)

The requirement rests with the entity that generates or handles the waste. Under RCRA, the generator must determine whether the waste is hazardous before it leaves the site, using knowledge of the waste's makeup and characteristics. This involves checking if the waste is listed as hazardous (the listed F-, K-, P-, or U-lists) or if it exhibits one or more hazardous characteristics (ignitability, corrosivity, reactivity, or toxicity as determined by tests like TCLP). Once a determination is made, the waste must be managed accordingly, with proper labeling, accumulation, and shipping.

The transporter isn’t the one who decides if the waste is hazardous; their role is to move it following packaging, labeling, and manifest requirements. The end-user would only be the one making the determination if they are the generator of the waste themselves. The local fire department does not determine hazardous waste status under RCRA.