Conducting a hazardous waste determination is a requirement for all persons that generate a solid waste, learn more: The Hazardous Waste Determination. The determination may be based on either or both of the following methods: Process Knowledge or Analysis. The regulations of the USEPA do not indicate which of these methods is preferred, however, many states with an authorized hazardous waste program will specify that they prefer (aka: require) the hazardous waste determination to rely on the analysis of a representative sample of the waste whenever that is possible. Some states will require that the lab used to conduct the analysis be a state approved or state certified lab in order for the results to be acceptable while others have no such requirement.
It is your responsibility as a generator of any waste, particularly a hazardous waste, to ensure the lab you use to determine the hazardous waste characteristics of your waste (eg. Ignitable, Corrosive, Reactive, or Toxic) complies with the following:
- Maintain its NVLAP accreditation. Read here the difference between “certification” and “accreditation”.
- Use the USEPA approved test methods.
- Maintain its approval/certification with a state’s environmental regulatory agency (if applicable).
The following is an attempt to tabulate the lab certification or approval requirements of the 50 states and provide a link to each state’s list of approve labs, if applicable. This list will be updated as the requirements of each state become known to me. Please don’t hesitate to contact me with information about your state if you wish to see it added to this list.
And finally, this information is correct to the best of my ability and knowledge. I make no guarantee of its correctness or completeness. Be sure to check with the requirements of your state to ensure compliance.
Link to List of State Approved Labs (if applicable)
|Arizona||The AZDEQ requires licensing and regulation of laboratories that perform environmental testing of drinking water, waste water, soil, hazardous waste and air for Arizona. Licensing and regulation of AZDEQ-approved laboratories is performed by the Arizona Department of Public Health: Licensure and Certification|
|California||A lab certified by the CA Department of Public Health is required for the hazardous waste determination. Environmental Laboratory Accreditation Program (ELAP).|
|Colorado||Colorado does not have a lab certification program for the purposes of a hazardous waste determination.(11.12.14) Ed Smith, Colorado Department of Public Health and Environment, Hazardous Materials and Waste Management Division|
|Delaware||DNREC does not require a state-certified lab for the analysis of a sample as part of the hazardous waste determination. The hazardous waste determination can be analysis-based or knowledge-based; either way it must be documented and retained as a record by the hazardous waste generator. (This information is based on a conversation with Bethany Fiske of the DNREC on January 20, 2015).|
|Florida||In short, a business can use any lab as long as it has the proper accreditation and uses the correct methods. Codified in 62-730.030 Identification of Hazardous Waste, adopted from 40 CFR.Rich Galka
Environmental Specialist II
Division of Waste Management
Bureau of Solid and Hazardous Waste
Florida Department of Environmental Protection
2600 Blair Stone Rd MS 4560
Tallahassee, Fl 32399-2400
|Iowa||Iowa does not have an approved hazardous waste program, but it does maintain a list of certified labs and analytical methods.|
|Maine||The ME DEP does require Maine Laboratory Certification for any data that is being reported to the DEP (or the Drinking Water Program). Refer to Maine Revised Statutes Title 22, Part 2, Chapter 157-A, §567.|
|Michigan||Pursuant to the MDEQ document: Directory of Michigan Environmental and Drinking Water Testing Laboratories, Environmental laboratories in Michigan are currently not required to be certified, while drinking water laboratories are required to be certified by the MDEQ, Water Division. The document contains a directory of labs that hazardous waste generators are recommended to consider.|
|Missouri||“The Missouri Department of Natural Resources has not established a certification program for laboratories.”MDNR Hazardous Waste Management – Handbook for Small-Quantity Generators Pub2174 (p. 9)|
|Ohio||According to Ohio Administrative Code rule 3745-52-11, you must evaluate your waste according to the methods in OAC rules 3745-51-21 through -24. None of these methods require the use of a state-certified lab. While we do offer a list of labs on our website, these laboratories are not endorsed by the Ohio EPA. Appendix 4 in the Hazardous Waste Generator Handbook has some good tips on choosing an analytical laboratory. A company can also use Generator Knowledge when making their hazardous waste determination.Tammy McConnell w/ Ohio EPA|
|Wisconsin||Wisconsin Accredited Laboratories|
Selecting the correct lab and performing the analysis necessary for your hazardous waste determination is just the beginning. You must also comply with the remainder of the RCRA hazardous waste regulations which includes the initial (within 90 days of employment) and annual training of all Facility Personnel.
Daniels Training Services
Contact me with any questions you may have about the hazardous waste regulations of the USEPA or your state.