Question 1: Does the HCS apply to universal waste, which is included within the definition of hazardous waste and subject to 40 CFR 273?
Response: No. As noted in the background section, per 29 CFR 1910.1200(b)(6)(i), the HCS does not apply to hazardous wastes regulated by the U.S. Environmental Protection Agency (EPA) under the Resource Conservation and Recovery Act (RCRA). When waste does not meet the definition of “hazardous waste” under the RCRA regulations, it is covered by the HCS if it meets the standard’s definition of “hazardous chemical” at 29 CFR 1910.1200(c), and if it does not fall under any of the other HCS exemptions.