Over- and under-regulating hazardous waste

Hazardous waste regulations in the United States tend to over-regulate certain wastes and under-regulate others. Over-regulation is related to the listing strategy, whereas under-regulation is primarily a result of failing to assess waste toxicity directly. Hazardous waste regulations in individual states are required to be at least as stringent as federal rules. As such, the state of Washington has added several waste criteria, including acute toxicity, persistence, and carcinogenicity. Recently, the acute toxicity threshold for the fish bioassay has been lowered and the carcinogenicity criterion has been deleted to avoid over-regulating waste. Approximately 36% of the total hazardous waste reported annually in Washington state is designated as state-only waste, with 93% of this state-only fraction classified by acute toxicity. Thus, a significant portion of hazardous waste in Washington state is captured by state criteria. This waste is removed from the environment, enhancing protection of human and ecological receptors.