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DSW Tool

Definition of Solid Waste Process Flowchart
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Note: The DSW Tool will be updated shortly to reflect the new Revisions to the Definition of Solid Waste Final Rule. More information on this rulemaking.

The Definition of Solid Waste Tool is an interactive guide designed to follow a series of decisions that a typical user might make when determining whether a material meets the definition of solid waste. The decisions in the tool are organized to simplify this determination process and to allow the user to reach a conclusion as quickly as possible. This tool does not follow the outline of the definition of solid waste regulations in the same order that appears in those regulations (see 40 CFR 261.2).

However, the Tool Kit does contain all of the necessary regulatory components to help the user determine if his material is a solid waste; (i.e., used as an ingredient or substitute for a virgin material (Step 1), whether the material has a specific exclusion (Step 2), or whether the material is considered discarded by being abandoned, recycled, inherently waste-like, or a military munition) (Steps 3-9).

Disclaimer: This DSW Tool Kit is provided by EPA for the convenience of the regulated community. It is not a regulation, nor can it be considered a substitute for the actual regulations, themselves, or for related laws and applicable court decisions. If a person uses this website to make decisions regarding whether his material is a solid waste, he makes that decision at the risk of having incorrectly interpreted applicable laws, regulations and/or legal decisions. EPA does not intend this website to be cited as precedent before a court or before EPA to support a person's decision whether to treat his material as a solid waste. EPA recommends you contact your authorized state agency or EPA regional office should you have any concerns or doubts about whether your material is subject to RCRA jurisdiction.

Instructions for using the tool:

  1. Read the question and description for each step. If more information is needed to answer the question, use the resources listed under the description to access EPA training modules or review EPA interpretations and decisions on the topic in the Definition of Solid Waste Compendium.
  2. Click on the appropriate link to move to the next step or to see whether your waste is a solid waste. Users also may navigate by clicking categories (not including “Review you answers”) in the left column of the flow chart (Note: this method opens the first question for the respective category).
    • Note: Users should not scroll the page to follow the steps, as the order of the tool content (located below these instructions) does not facilitate this approach. Users should use links to navigate the tool.
  3. Use your browser’s Back button to return to a previous view.

Begin

Step 1 of 9.

Materials that are not solid wastes when recycled

Are you performing any of these activities under 40 CFR 261.2(e)(1)?

  • Used or reused as an ingredient;
  • Used or reused as an effective substitute; or,
  • Returned to the original process without first being reclaimed.

Please select an answer:

Not sure what this question is asking? Please see the DSW Compendium, Volume M: Use/Reuse for resources specific to this topic area.

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Step 1 (cont.) of 9.

Materials that may be solid wastes even when recycled

This material generally is not a solid waste. However, the following materials are solid wastes, even if the recycling involves use, reuse, or return to the original process if:

  • The materials are inherently waste-like;
  • Materials used in a manner constituting disposal;
  • Materials burned for energy recovery, used to produce a fuel, or contained in fuels; or,
  • Materials accumulated speculatively.

Do any of the above apply to you?

Please select an answer:

Not sure what this question is asking?

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Step 2 of 9.

Specific Exclusions

Is the material specifically excluded under 40 CFR 261.4(a)?

Please select an answer:

Not sure what this question is asking? Please see the DSW Compendium, Volume A: Exclusions for resources specific to this topic area.

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Step 3 of 9.

Discarded Materials – Military Munitions

Is the discarded material a military munition identified as solid waste? As provided by 40 CFR 261.2(a)(2)(iv), a military munition is a solid waste if it is defined as such in 40 CFR 266.202.

Is the discarded material a military munition identified as solid waste?

Please select an answer:

Not sure what this question is asking? Please see the DSW Compendium, Volume C: Military Munitions for resources specific to this topic area.

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Step 4 of 9.

Discarded Materials – Inherently Waste-Like Materials

Is the discarded material inherently waste-like? Some materials pose such a threat to human health and the environment that they are always considered solid wastes; these materials are considered to be inherently waste-like. See 40 CFR 261.2(d) for the full description of inherently waste-like materials.

Is the discarded material inherently waste-like?

Please select an answer:

Not sure what this question is asking? Please see the DSW Compendium, Volume L: Inherently Waste-Like Materials for resources specific to this topic area.

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Step 5 of 9.

Discarded Materials – Abandoned Materials

Is the discarded material abandoned? As described under 40 CFR 261.2(b), a material is abandoned if it is:

  • Disposed of;
  • Burned or incinerated (not including burning for energy recovery); or,
  • Accumulated, stored, or treated (but not recycled) before or in lieu of being abandoned by being disposed of, burned, or incinerated.

Is the discarded material abandoned?

Please select an answer:

Not sure what this question is asking? Please see the DSW Compendium, Volume B: Abandoned Materials for resources specific to this topic area.

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Step 6 of 9.

Recycled Materials – Use Constituting Disposal Practices

Is the discarded material used in a manner constituting disposal?

As described under 40 CFR 261.2(c), discarded materials are solid wastes if they are recycled — or accumulated, stored, or treated before recycling — by being used in a manner constituting disposal, burned for energy recovery, reclaimed, or accumulated speculatively.

As described under 40 CFR 261.2(c)(1), a material is used in a manner constituting disposal if it is:

(A) Applied to or placed on the land in a manner that constitutes disposal; or (B) Used to produce products that are applied to or placed on the land or are otherwise contained in products that are applied to or placed on the land (in which cases the product itself remains a solid waste).

Is the discarded material used in a manner constituting disposal?

Please select an answer:

Not sure what this question is asking? Please see the DSW Compendium, Volume D: Use Constituting Disposal (UCD) for resources specific to this topic area.

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Step 6 (cont.) of 9.

Use Constituting Disposal Practices – Commercial Chemical Products

Is the discarded material a commercial chemical product listed in 40 CFR 261.33 and is land application the ordinary use for the material?

Commercial chemical products listed in 40 CFR 261.33 are not solid wastes if they are applied to the land and land application is their common use.

Is the discarded material a commercial chemical product listed in 40 CFR 261.33 and is land application the ordinary use for the material?

Please select an answer:

Not sure what this question is asking? Please see the DSW Compendium, Volume D: Use Constituting Disposal (UCD) for resources specific to this topic area.

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Step 7 of 9.

Recycled Materials – Burning for Energy Recovery Practices

Is the discarded material burned for energy recovery, used to produce a fuel, or contained in fuels?

As described under 40 CFR 261.2(c), discarded materials are solid wastes if they are recycled — or accumulated, stored, or treated before recycling — by being used in a manner constituting disposal, burned for energy recovery, reclaimed, or accumulated speculatively.

As described under 40 CFR 261.2(c)(2), a material is a solid waste under the burning for energy recovery definition if it is:

(A) Burned to recover energy; or, (B) Used to produce a fuel or otherwise contained in fuel (in which case the fuel itself remains a solid waste).

Is the discarded material burned for energy recovery, used to produce a fuel, or contained in fuels?

Please select an answer:

Not sure what this question is asking? Please see the DSW Compendium, Volume E: Burning for Energy Recovery – Lists resources specific to this topic area.

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Step 7 (cont.) of 9.

Burning for Energy Recovery – Commercial Chemical Products

Is the discarded material a commercial chemical product listed in 40 CFR 261.33 and it is itself a fuel?

Commercial chemical products listed in 40 CFR 261.33 are not solid wastes if they are themselves fuels.

Is the discarded material a commercial chemical product listed in 40 CFR 261.33 and it is itself a fuel?

Please select an answer:

Not sure what this question is asking? Please see the DSW Compendium, Volume E: Burning for Energy Recovery for resources specific to this topic area.

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Step 8 of 9.

Recycled Materials – Speculative Accumulation

Is the discarded material accumulated speculatively?

As described under 40 CFR 261.2(c), discarded materials are solid wastes if they are recycled — or accumulated, stored, or treated before recycling — by being used in a manner constituting disposal, burned for energy recovery, reclaimed, or accumulated speculatively.

The accumulated speculatively provision appears at 40 CFR 261.2(c)(4). The definition of “accumulated speculatively” is provided at 40 CFR 261.1(c)(8).

Is the material accumulated speculatively?

Please select an answer:

Not sure what this question is asking? Please see the DSW Compendium, Volume G: Speculative Accumulation for resources specific to this topic area.

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Step 8 (cont.) of 9.

Recycled Materials – Speculative Accumulation (cont.)

Is the discarded material being accumulated speculatively a commercial chemical product listed in 40 CFR 261.33?

Please select an answer:

Not sure what this question is asking? Please see the DSW Compendium, Volume G: Speculative Accumulation for resources specific to this topic area.

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Step 9 of 9.

Recycled Materials – Reclaimed

Is the discarded material being reclaimed?

As described under 40 CFR 261.2(c), discarded materials are solid wastes if they are recycled — or accumulated, stored, or treated before recycling — by being used in a manner constituting disposal, burned for energy recovery, reclaimed, or accumulated speculatively.

The reclaimed provision appears at 40 CFR 261.2(c)(3). A material is reclaimed if it is processed to recover a usable product, or if it is regenerated. Examples are recovery of lead values from spent batteries and regeneration of spent solvents.

Is the discarded material being reclaimed?

Please select an answer:

Not sure what this question is asking? Please see the DSW Compendium, Volume E: Reclamation for resources specific to this topic area.

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Step 9 (cont.) of 9.

Recycled Materials – Reclaimed (cont.)

Is the discarded material being reclaimed a sludge or by-product exhibiting a characteristic of hazardous waste (note: this does not pertain to listed wastes)?

Please select an answer:

Not sure what this question is asking? Please see:

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Step 9 (cont.) of 9.

Recycled Materials – Reclaimed (cont.)

Is the discarded material being reclaimed a commercial chemical product listed in 40 CFR 261.33?

Please select an answer:

  1. If YES, view the detailed results.
  2. If NO, view the detailed results.

Not sure what this question is asking? Please see the DSW Compendium, Volume E: Reclamation for resources specific to this topic area.

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Step 4 of 9.

Discarded Materials – Inherently Waste-Like Materials

Is the discarded material inherently waste-like? Some materials pose such a threat to human health and the environment that they are always considered solid wastes; these materials are considered to be inherently waste-like. See 40 CFR 261.2(d) for the full description of inherently waste-like materials.

Is the discarded material inherently waste-like? Please select an answer:

  1. If YES, view the detailed results.
  2. If your answer is NO, please click here to skip to Step 6.

Not sure what this question is asking? Please see the DSW Compendium, Volume L: Inherently Waste-Like Materials for resources specific to this topic area.

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Step 6 of 9.

Recycled Materials – Use Constituting Disposal Practices

Is the discarded material used in a manner constituting disposal?

As described under 40 CFR 261.2(c), discarded materials are solid wastes if they are recycled — or accumulated, stored, or treated before recycling — by being used in a manner constituting disposal, burned for energy recovery, reclaimed, or accumulated speculatively.

As described under 40 CFR 261.2(c)(1), a material is used in a manner constituting disposal if it is:

(A) Applied to or placed on the land in a manner that constitutes disposal; or (B) Used to produce products that are applied to or placed on the land or are otherwise contained in products that are applied to or placed on the land (in which cases the product itself remains a solid waste).

Is the discarded material used in a manner constituting disposal?

Please select an answer:

  1. If YES, please answer a follow-up question.
  2. If NO, continue to Step 7.

Not sure what this question is asking? Please see the DSW Compendium, Volume D: Use Constituting Disposal (UCD) for resources specific to this topic area.

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Step 7 of 9.

Recycled Materials – Burning for Energy Recovery Practices

Is the material burned for energy recovery, used to produce a fuel, or contained in fuels?

As described under 40 CFR 261.2(c), discarded materials are solid wastes if they are recycled — or accumulated, stored, or treated before recycling — by being used in a manner constituting disposal, burned for energy recovery, reclaimed, or accumulated speculatively.

As described under 40 CFR 261.2(c)(2), a material is a solid waste under the burning for energy recovery definition if it is:

(A) Burned to recover energy; or, (B) Used to produce a fuel or are otherwise contained in fuels (in which cases the fuel itself remains a solid waste).

Is the material burned for energy recovery, used to produce a fuel, or contained in fuels?

Please select an answer:

  1. If YES, please answer a follow-up question.
  2. If NO, continue to Step 8.

Not sure what this question is asking? Please see the DSW Compendium, Volume E: Burning for Energy Recovery for resources specific to this topic area.

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Step 8 of 9.

Recycled Materials – Speculative Accumulation

Is the material accumulated speculatively?

As described under 40 CFR 261.2(c), discarded materials are solid wastes if they are recycled — or accumulated, stored, or treated before recycling — by being used in a manner constituting disposal, burned for energy recovery, reclaimed, or accumulated speculatively.

The accumulated speculatively provision appears at 40 CFR 261.2(c)(4). The definition of “accumulated speculatively” is provided at 40 CFR 261.1(c)(8).

Is the material accumulated speculatively?

Please select an answer:

  1. If YES, please answer a follow-up question.
  2. If NO, continue to Step 9.

Not sure what this question is asking? Please see the DSW Compendium, Volume G: Speculative Accumulation for resources specific to this topic area.

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Not a Solid Waste

Based on your answers, your material does not appear to be subject to federal RCRA Subtitle C regulation.

However, you may want to review the selections you have made in this tool kit to ensure their accuracy.  If you require technical assistance with the tool, you may submit a question.

Please note that the goal of EPA’s definition of solid waste regulations is to ensure that materials are recycled safely and legitimately.

A situation may occur when a respondent in an enforcement action regarding a claim that their material is not a solid waste or conditionally exempt from regulation must demonstrate that there is a known market or disposition for their material. (See 40 CFR 261.2(f)). EPA also has elaborated on this issue in terms of other criteria that may be used to support a claim that their material is not a solid waste (i.e., similar to an analogous raw material, material value, handled similarly as raw material, degree of processing required, etc). For additional information on this issue, see the April 26, 1986 memo on F006 recycling (aka "Lowrance Memo") (PDF) (6 pp, 42.7 KB, About PDF).

Also note that your material also may be subject to other environmental regulation, e.g., under RCRA Subtitle D or other state hazardous waste regulations.

For more information on wastes regulated under RCRA Subtitle D, see the Nonhazardous Waste homepage.

Please contact your appropriate State environmental authority for official guidance.

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Not a Solid Waste

Based on your answers, your material is not a solid waste under federal RCRA Subtitle C regulations.

However, If you have arrived at this box…

  1. You may have selected the wrong option somewhere in the tool. You may want to review the selections you have made in this tool to ensure their accuracy. If you require additional assistance, you may submit a question.

    -OR-

  2. Your material may not be discarded or recycled for the purposes of determining whether it is subject to hazardous waste regulations. Although the material may not be a solid waste under RCRA Subtitle C, the material may be subject to other environmental regulation, e.g., under RCRA Subtitle D. For more information on wastes regulated under RCRA Subtitle D, see the Nonhazardous Waste homepage. Please contact your appropriate State environmental authority for official guidance.

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Solid Waste

Based on your answers, your material is a solid waste and may be subject to RCRA Subtitle C regulation.

So, what’s next?

Your solid waste may be:

  1. Excluded from the definition of hazardous waste;
  2. An excluded hazardous waste (i.e., hazardous wastes not subject to hazardous waste regulation when recycled);
  3. A hazardous waste subject to alternative requirements when recycled; or,
  4. Subject to full hazardous waste requirements.
    1. The full requirements for facilities that store and/or recycle hazardous wastes are outlined in 40 CFR 261.6(b)-(c). Additional information on requirements for persons who generate, transport, or store prior to recycling is provided at the Hazardous Waste homepage.
    2. For more information on characteristic and listed wastes, see the Hazardous Waste homepage.

Also, some materials may have received a variance from the definition of solid waste. Standards and criteria for variances are provided at 40 CFR 260.30 and 40 CFR 260.31. For additional information, see DSW Compendium, Volume S: Case-by-Case Variances.

This web site describes Federal regulations for hazardous wastes. You may be subject to more stringent regulations established by your State. Please contact your appropriate State environmental authority for official guidance.

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Solid Waste

Based on your answers, your material is one of the following solid wastes:

  1. A spent material;
  2. A sludge listed in 40 CFR Part 261.31 or 261.32;
  3. A sludge exhibiting a characteristic of hazardous waste;
  4. A by-product listed in 40 CFR Part 261.31 or 261.32;
  5. A by-product exhibiting a characteristic of hazardous waste;
  6. A commercial chemical product listed in 40 CFR 261.33 that is not land applied as the ordinary use for the material; or,
  7. Scrap metal other than excluded scrap metal (see 40 CFR 261.1(c)(9)).

Your solid waste may be:

  1. Excluded from the definition of hazardous waste;
  2. An excluded hazardous waste (i.e., hazardous wastes not subject to hazardous waste regulation when recycled);
  3. A hazardous waste subject to alternative requirements when recycled; or,
  4. Subject to full hazardous waste requirements.
    1. The full requirements for facilities that store and/or recycle hazardous wastes are outlined in 40 CFR 261.6(b)-(c). Additional information on requirements for persons who generate, transport, or store prior to recycling is provided at the Hazardous Waste homepage.
    2. For more information on characteristic and listed wastes, see the Hazardous Waste homepage.

Also, some materials may have received a variance from the definition of solid waste. Standards and criteria for variances are provided at 40 CFR 260.30 and 40 CFR 260.31. For additional information, see DSW Compendium, Volume S: Case-by-Case Variances.

This web site describes Federal regulations for hazardous wastes. You may be subject to more stringent regulations established by your State. Please contact your appropriate State environmental authority for official guidance.

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Solid Waste

Based on your answers, your material is one of the following solid wastes:

  1. A spent material;
  2. A sludge listed in 40 CFR Part 261.31 or 261.32;
  3. A sludge exhibiting a characteristic of hazardous waste;
  4. A by-product listed in 40 CFR Part 261.31 or 261.32;
  5. A by-product exhibiting a characteristic of hazardous waste;
  6. A commercial chemical product listed in 40 CFR 261.33 that is not itself a fuel; or,
  7. Scrap metal other than excluded scrap metal (see 40 CFR 261.1(c)(9)).

Your solid waste may be:

  1. Excluded from the definition of hazardous waste;
  2. An excluded hazardous waste (i.e., hazardous wastes not subject to hazardous waste regulation when recycled);
  3. A hazardous waste subject to alternative requirements when recycled; or,
  4. Subject to full hazardous waste requirements.
    1. The full requirements for facilities that store and/or recycle hazardous wastes are outlined in 40 CFR 261.6(b)-(c). Additional information on requirements for persons who generate, transport, or store prior to recycling is provided at the Hazardous Waste homepage.
    2. For more information on characteristic and listed wastes, see the Hazardous Waste homepage.

Also, some materials may have received a variance from the definition of solid waste. Standards and criteria for variances are provided at 40 CFR 260.30 and 40 CFR 260.31. For additional information, see DSW Compendium, Volume S: Case-by-Case Variances.

This web site describes Federal regulations for hazardous wastes. You may be subject to more stringent regulations established by your State. Please contact your appropriate State environmental authority for official guidance.

Top of page

Solid Waste

Based on your answers, your material is one of the following solid wastes:

  1. A spent material;
  2. A sludge listed in 40 CFR Part 261.31 or 261.32;
  3. A sludge exhibiting a characteristic of hazardous waste;
  4. A by-product listed in 40 CFR Part 261.31 or 261.32;
  5. A by-product exhibiting a characteristic of hazardous waste; or,
  6. Scrap metal other than excluded scrap metal (see 40 CFR 261.1(c)(9)).

Your solid waste may be:

  1. Excluded from the definition of hazardous waste;
  2. An excluded hazardous waste (i.e., hazardous wastes not subject to hazardous waste regulation when recycled);
  3. A hazardous waste subject to alternative requirements when recycled; or,
  4. Subject to full hazardous waste requirements.
    1. The full requirements for facilities that store and/or recycle hazardous wastes are outlined in 40 CFR 261.6(b)-(c). Additional information on requirements for persons who generate, transport, or store prior to recycling is provided at the Hazardous Waste homepage.
    2. For more information on characteristic and listed wastes, see the Hazardous Waste homepage.

Also, some materials may have received a variance from the definition of solid waste. Standards and criteria for variances are provided at 40 CFR 260.30 and 40 CFR 260.31. For additional information, see DSW Compendium, Volume S: Case-by-Case Variances.

This web site describes Federal regulations for hazardous wastes. You may be subject to more stringent regulations established by your State. Please contact your appropriate State environmental authority for official guidance.

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Solid Waste

Based on your answers, your material is one of the following solid wastes:

  1. A spent material;
  2. A sludge listed in 40 CFR Part 261.31 or 261.32;
  3. A by-product listed in 40 CFR Part 261.31 or 261.32; or,
  4. Scrap metal other than excluded scrap metal (see 40 CFR 261.1(c)(9)).

Your solid waste may be:

  1. Excluded from the definition of hazardous waste;
  2. An excluded hazardous waste (i.e., hazardous wastes not subject to hazardous waste regulation when recycled);
  3. A hazardous waste subject to alternative requirements when recycled; or,
  4. Subject to full hazardous waste requirements.
    1. The full requirements for facilities that store and/or recycle hazardous wastes are outlined in 40 CFR 261.6(b)-(c). Additional information on requirements for persons who generate, transport, or store prior to recycling is provided at the Hazardous Waste homepage.
    2. For more information on characteristic and listed wastes, see the Hazardous Waste homepage.

Also, some materials may have received a variance from the definition of solid waste. Standards and criteria for variances are provided at 40 CFR 260.30 and 40 CFR 260.31. For additional information, see DSW Compendium, Volume S: Case-by-Case Variances.

This web site describes Federal regulations for hazardous wastes. You may be subject to more stringent regulations established by your State. Please contact your appropriate State environmental authority for official guidance.

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