X£OSX
£  ~*  i        UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                         WASHINGTON, D.C. 20460
                           OCT   1
                                                        OFFICE OF
                                               SOLID WASTE AND EMERGENCY RESPONSE
   TO ALL NRC LICENSEES:


   SUBJECT:  GUIDANCE ON THE DEFINITION AND IDENTIFICATION OF
             COMMERCIAL MIXED LOW-LEVEL RADIOACTIVE AND HAZARDOUS
             WASTE AND ANSWERS TO ANTICIPATED QUESTIONS


       The U.S. Environmental Protection Agency (EPA) has
   jurisdiction under the Resource Conservation and Recovery Act
   (RCRA) over the management of wastes with the exception of
   radioactive wastes subject to the Atomic Energy Act (AEA).
   Accordingly, commercial use and disposal of source, byproduct
   and special nuclear material wastes are regulated by the U.S.
   Nuclear Regulatory Commission (NRC) to meet EPA environmental
   standards.  Under the AEA Low-Level Radioactive Wastes (LLW)
   contain source, byproduct, or special nuclear material, but they
   may also contain chemical constituents which are hazardous under
   EPA regulations in 40 CFR Part 261.  Such wastes are commonly
   referred to as Mixed Low-Level Radioactive and Hazardous Waste
   (Mixed LLW).

       NRC regulations exist to control the byproduct, source, and
   special nuclear material components of commercial Mixed LLW; EPA
   has the authority and continues to develop regulations to control
   the non-radioactive component of the Mixed LLW.  Thus, the
   individual constituents of commercial Mixed LLW are subject to
   either NRC or EPA regulations.  However, when the components are
   combined to become Mixed LLW, neither statute has exclusive
   jurisdiction.  This has resulted in a situation of dual
   regulation where both NRC and EPA may regulate the same  waste.

       Enclosed is the revised guidance document entitled,  "Guidance
   on the Definition and Identification of Commercial Mixed
   Low-Level Radioactive and Hazardous Waste."  This document  was
   developed jointly by the NRC and EPA to aid commercial LLW
   generators  in assessing whether they are currently generating
   Mixed LLW.  It is based on NRC and EPA  regulations  in effect  on
   December 31, 1988.

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    Notice of availability of
for comments were published i:
1987, and comments were subse«
public comment in the questio:
document to provide clarifica-
were raised.

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           rnTDANCE  ON THE DEFINITION AND IDENTIFICATION
   OF connraSiS^S»D SW-EEVEL RADIOACTIVE AND HAZARDOUS WASTE
nefinition
                Radioactive and Hazardous Waste  (Mixed LLW)
                                                              40
40 CFR Part 261.

identification
The policy provided in this guidance was Developed jointly by
the U.S. Nuclear Regulatory Commission (NBC)  and the U
 disposal of this waste must be conducted in compliance witn NKU
 and  EPA or equivalent state regulations.

 December 31,  1988.
                         about whether LLW *—  ».-.»—	,  —..
                         the agencies by writing to the  persons
 listed below.

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                                 - 2  -
For questions about whether the
waste is low-level radioactive
waste, contact:

  Mr. Dan E. Martin
  Division of Low-Level Waste
    Management and Decommissioning
  U.S. Nuclear Regulatory Commission
  Mail Stop WF5E4
  Washington, D.c.  20555
For questions about whether
the waste is hazardous
waste, contact:

  Ms. Betty Shackleford
  Mixed Waste Coordinator
  Permits and State
    Programs Division
  Mail code OS-342
  U.S. Environmental
    Protection Agency
  401 M St., S.W.
  Washington, D.C.  20460
                              Methodology
Step 1. Identify LLW

Step 1 in the methodology requires that the generator determine
whether the waste is LLW as defined in the LLRWPAA.  This Act defines
LLW as radioactive material that (A) is not high-level radioactive
waste, spent nuclear fuel, or byproduct material as defined in
section lie(2) of the AEA (i.e., uranium or thorium mill tailings)
and (B) the NRC classifies as LLW consistent with existing law and in
accordance with (A).  If the generator determines that the waste is
LLW, the generator should proceed to step 2.  If the determination is
negative, then the waste cannot be Mixed LLW because it is not LLW.
However, the waste may be another radioactive or hazardous waste
regulated under AEA, RCRA, or both statutes.

Step 2. Identify Listed Hazardous Waste

In step 2, the generator determines whether the LLW contains any
hazardous wastes listed in Subpart p.of 40 CFR Part 261.  Subpart D
of Part 261 is reproduced in Appendix I of this guidance.  LLW^is
Mixed LLW if it contains any hazardous wastes specifically listed
in Subpart D of 40 CFR Part 261.  Listed hazardous wastes include
hazardous waste streams from specific and non-specific sources listed
in 40 CFR Parts 261.31 and 261.32 and discarded commercial chemical
products listed in 40 CFR Part 261.33.  The generator is responsible
for determining whether LLW contains listed hazardous wastes.  The
determination should be based on knowledge of the process that
generates th« waste.  For example,  if a process produces LLW that
contains spent solvents that are specifically listed  in the tables
of Subpart D of Part 261, the generator should suspect that the waste
is Mixed LLW.

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Step 1. Is the Waste LLW?
      Yes
                                     No
         V
Step 2.  Are Listed Hazardous Wastes
         Contained in the LLW?
      Yes
                                           Mo
                                         Yes
The waste  is Mixed LLW.
                                                           It is not Mixed LLW, but it may
                                                           be Hazardous Waste or another
                                                           Radioactive Waste.
                                                    Step 3
     i-AEA Materials cause
          to exhibit any of
the Hazardous Waste
Characteristics?
                                                                       No
                                                       The Waste is not Mixed LLW.
                               Figure 1. Identification of Mixed LLW.

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                               - 4 -
        Identify Hazardous  Characteristics

If the LLW does not contain a listed hazardous waste. Step 3 of the
  -              res the enerator to determine whether the LLW
            reauires the
     iassp=



Except fo? certain ores containing source material, which are
defined as source material in 10 CFR 40. 4 (h) , . and  uranium and
thorium Sill tailings or wastes, NRG and EPA interpret  the
definitions M source, special nuclear  and byproduct materials to
include only the radioactive elements themselves.   Gen era ro«  .  .
should identify non-AEA materials contained in  the LLW  ^y examining
the process that generates the waste. .For example,  ifthe  SSSSlS
mixes byproduct material (an AEA material) with a  volatile  or? anic
solvent (a non-AEA material) , the generator would  determine either
throuSh his Knowledge or testing of representative samples  of  the
LtW that clnSin the solvent waste whether the  V^e exhibits  any
of the hazardous waste characteristics because  it  contains  the
solvent .
If the wastes are tested, the generator should



ignitability  (Section 261.21) , corrosivity (Section 261.22),
reactivitv  (Section 261.23), and Extraction Procedure (EP) toxic
^SStion 261?fS) t  Waste tilting should be . conducts djn a manner
that  is consistent with the worker protection . requirements in
10 CFR Part 20.  The purpose of the characteristics tests is to
identify hazardous wastes that are not specifically listed in
Subpart D of  40  CFR Part 261.  Test methods to 
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                                 - 5 -
Management and disposal of Mixed LLW must be conducted in compliance
with state requirements in states with EPA-authorized regulatory
programs for the hazardous components of such waste and NRC agreement
state radiation control programs for LLW.

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                                 « *1 _


                         Questions and Answers


As a supplement to the Guidance on the Definition and Identification
of Commercial Mixed Low-Level Radioactive and Hazardous Waste (Mixed
LLW), answers to anticipated questions are included to clarify
obscure points and to respond to public comments.

1. Are my low-level radioactive wastes exempt from RCRA because they
   are source, special nuclear, or byproduct materials as defined
   under the AEA?

Except for certain ores containing source material, which are defined
as source material in 10 CFR 40.4(h), and uranium and thorium mill
tailings or wastes, NRC and EPA consider that only the radionuclides
themselves are exempt from RCRA.  Section 1004(27) of RCRA excludes
source, special nuclear, and byproduct material from the definition
of "solid waste."  RCRA defines solid waste as:

       "any garbage, refuse, sludge from a waste treatment plant,
       water supply treatment plant, or air pollution control
       facility and other discarded material, including solid,
       liquid, semisolid, or contained gaseous material resulting
       from industrial, commercial, mining, and agricultural
       operations, or from community activities, but does not
       include solid or dissolved materials in irrigation return
       flows or industrial discharges which are point sources
       subject to permits under section 402 of the Federal
       Waster Pollution Control Act, as amended (86 Stat. 880),
       or sourcef special nuclear,  or byproduct material as defined
       by the Atomic Energy Act of 1954, as amended (68 Stat. 923)."
       [emphasis added]

Since "hazardous waste" is a subset of "solid waste," RCRA also
excludes source, special nuclear, and byproduct materials from the
definition of hazardous waste and,  therefore, from regulation under
EPA's RCRA Subtitle C program.  Section 11 of the Atomic Energy Act,
as amended, defines these radioactive materials as follows:

      Source material means (1) uranium, thorium, or any other
      material which is determined by the Atomic Energy Commission
      (AEC) pursuant to the provisions of section 61 of the AEA
      to be source material, or (2) ores containing one or more
      of the foregoing materials, in such concentration as the
      AEC may by regulation determine from time to time.

      Special nuclear material means (1) plutonium, uranium
      enriched in the isotope 233 or in the isotope 235, and any
      other material which the AEC, pursuant to the provisions
      of Section 51 of the AEA, determines to be special nuclear
      material; or (2) any material artificially enriched by any
      of the foregoing, but does not include source material.

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                                 - 2 -


       Byproduct material means (1) any radioactive material
       (except special nuclear material) yielded in or made
       radioactive by exposure to radiation incident to the
       process of producing or utilizing special nuclear
       material, and (2) the tailings or wastes produced by
       the extraction or concentration of uranium or thorium
       from any ore processed primarily for its source material
       content.

Source, special nuclear, and byproduct materials, however, may be
mixed with other radioactive or non-radioactive materials that are
not source, special nuclear, or byproduct materials.  For example,
tritium may be contained in toluene, a nonhalogenated aromatic
solvent.   Consistent with the definition of byproduct material, the
tritium may be considered a byproduct material, while the toluene
that contains the tritium would not be byproduct material.  Mixtures
of toluene and tritium could satisfy the definition of Mixed LLW
because they contain listed hazardous waste (spent toluene) and
tritium that may qualify as LLW if it has been produced by activities
regulated by NRC under the AEA.

2. What are some examples of Mixed LLW?

A preliminary survey performed for the NRC identified two potential
types of Mixed LLW:

       o LLW containing organic liquids, such as scintillation
             liquids and vials; organic lab liquids; sludges;
             and cleaning, degreasing, and miscellaneous solvents.

       o LLW containing heavy metals, such as discarded lead
             shielding, discarded lined containers, and lead
             oxide dross containing uranium oxide; light water
             reactor (LWR) process wastes containing chromate and
             LWR decontamination resins containing chromium; and
             mercury amalgam in trash.

The preliminary survey concluded that potential Mixed LLW comprises
a small percentage of all LLW.  For example, LLW containing organic
liquids accounted for approximately 2.3% by volume of LLW reported
in the preliminary survey (Bowerman, et al.. 1985).

An earlier survey identified a more diverse universe of potential
Mixed LLW including wastes that contained aldehydes, aliphatic
halogenated hydrocarbons, alkanes, alkenes, amino acids, aromatic
hydrocarbons, chelating agents, esters, ethers, ketones,
nitrosaminec, nucleotides, pesticides, phenolic compounds, purines,
resins, steroids, and vitamins (General Research Corporation,  1980).
NRC also anticipates that additional LLW may be identified as Mixed
LLW in the future, as generators implement the definition of Mixed
LLW and as EPA revises the definition of hazardous waste.

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                                  - 3 -


 3.  Could some "below regulatory concern"  wastes be considered  Mixed
    LLW?

 A determination that radioactive wastes are below regulatory concern
 (BRC) for radioactivity may affect how the wastes are managed  or
 discarded, but it does not affect the legal status of the  wastes.
 Specifically, their status with respect to the definition  of Mixed
 LLW does not change.  BRC waste is still  LLW because it satisfies
 the definition of LLW in the LLRWPAA and  is within the NRC's
 jurisdictional authority under the AEA.

 When radioactive waste contains sufficiently low concentrations: or
 quantities of radionuclides,  NRC may find that they do not need! to
 be  managed or disposed of as radioactive  wastes.   For NRC  to make
 such a finding,  management and disposal of the waste must  not  pose
 an  undue radiological risk to the public  and the environment.
 However, NRC's determination that the radioactive content  of the
 wastes is below NRC regulatory concern does not relieve licensees
 from compliance with applicable rules of  other agencies governing
 non-radiological hazards (e.g.,  regulations of EPA or the  Department
 of  Transportation).

 Therefore,  some BRC wastes may still be considered Mixed LLW if they
 contain hazardous wastes that have been listed in Subpart  D of 40 CFR
 Part 261 or that cause the LLW to exhibit any of the hazardous
 characteristics described in Subpart C of 40 CFR Part 261.  BRC 1 Mixed
 LLW may be managed without regard to its  radioactivity (but it must
 still be managed as a hazardous waste in  compliance with EPA's
 regulations for hazardous waste generation,  storage,  transportation,
 treatment,  and disposal (cf.  40 CFR Parts 262 through 266)).

 4.  If I use chemicals in my process that  are identified by EPA as
    hazardous constituents,  should I assume that my LLW is  Mixed LLW?

 No.   Low-level radioactive waste that contains hazardous constituents
 may not necessarily be Mixed LLW.   As defined above,  Mixed LLW is LLW
 that contains a  known hazardous waste (i.e.,  a listed hazardous
 waste)  or that exhibits one or more of the hazardous characteristics
 because it contains non-AEA materials.  For wastes that are not
 listed in Subpart D of 40 CFR Part 261, testing is not necessarily
 required to "determine" whether the LLW exhibits  any of the hazardous
 characteristics.  A generator may be able to determine whether the
 LLW is Mixed LLW based on knowledge of the waste  characteristic^ or
 the process that generates  the LLW.

 Furthermore,  if  the generator normally segregates LLW from hazardous
 and other types  of  wastes,  there is no need to assume that hazardous
wastes may  have  been inadvertently mixed  with LLW or to inspect each
 container or receptacle to  ensure that inadvertent mixing  has  not
 occurred.   Although the generator is subject to RCRA inspections and
must  follow the  manifest, pre-transport,  and other requirements of

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                              - 4  -
40 CFR Part 262, the generator is not required to demonstrate
that every LLW container does not contain hazardous waste.

5. How can I obtain representative samples of heterogeneous
   trash included in LLW to perform the hazardous
   characteristics tests?

Before discussing the collection of representative samples
of waste, generators are reminded that they are not required
to test LLW to determine if the waste contains hazardous
wastes.  Generators and handlers of mixed waste and hazardous
waste can declare their wastes hazardous or nonhazardous based
on knowledge of the process/production of the waste, in lieu of
testing for a characteristic.

Representative samples of waste should be collected for testing
in accordance with EPA's regulations in 40 CFR 261.20(c), which
state that waste samples collected using applicable methods
specified in Appendix I of Part 261 will be considered as
representative samples for hazardous characteristics testing.
This appendix has been included in its entirety in Appendix II
of this guidance.  The sampling techniques described in
Appendix I of Part 261 apply to extremely viscous liquids, fly
ash-like material, containerized liquid wastes, and liquid
wastes in pits, ponds, lagoons, and similar reservoirs.  In the
absence of guidance about sampling heterogeneous wastes,
generators should use appropriate portions of the sampling
methods described in Appendix I of Part 261 and EPA's manual
entitled "Test Methods for Evaluating Solid Waste, Third
Edition  (i.e., SW-846) in combination with other methods to
collect, to the maximum extent practicable, representative
samples of the waste to be tested.

6. Are lead containers whose primary use is for shielding in
disposal operations, hazardous waste under RCRA?

No.  While lead containers and lead container liners may
exhibit the hazardous characteristic for lead, those containers
whose primary use is for shielding in low-level waste disposal
operations are not considered wastes and thus, are not subject
to the hazardous waste rules.  These same containers and liners
if disposed of or discarded would be considered wastes and  if
they exhibit the hazardous characteristic, would be subject to
the hazardous waste rules.

It should be noted that EPA recognizes that all  lead containers
and liners may be equally hazardous to human  health and  the
environment when placed in the ground  independent  of its legal
classification as a waste or container.  Therefore, EPA
recommends that all lead containers and  lead  liners be managed
in an environmentally safe manner  (e.g., managed in a permitted
hazardous waste facility or treated such that it no longer
exhibits its characteristic).
                                 II

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                                 - 5 -


Encapsulation may be a viable mechanism to mitigate lead
migration  from these containers and liners.  The EPA has not
evaluated  specific containers or encapsulation methodologies
using the  EP Toxicity test.

7. If a waste contains any of the constituents listed on Appendix
   VIII of Part 261, is it a hazardous under RCRA?

No.  Under RCRA, a waste is hazardous if it is a "listed" waste or
it exhibits a hazardous characteristic.  Wastes are listed by EPA
if they contain significant amounts of toxic constituents identified
in Appendix VIII, and the Agency has determined that these toxic
constituents are persistent and mobile to some degree such that they
pose a potential and substantial threat to human health and the
environment.  (Factors outlined in 40 CFR 261.11(a)(3)(i)-(xi), which
include nature of the toxicity present and potential degradation
products,  may be considered when determining whether or not a waste
should be  listed).  However, until the Agency lists the wastes in
Subpart D  of Part 261, they would not be considered hazardous by EPA
(even if the waste contains one or more of the hazardous constituents
listed on  Appendix VIII) unless the waste would exhibit one or more
of the hazardous waste characteristics.
                               References

Bowerman, B. S., Kempf, C. R., MacKenzie, D. R., Siskind, B. and
     P. L. Piciulo, 1985, "An Analysis of Low-Level Wastes: Review
     of Hazardous Waste Regulations and Identification of Radioactive
     Mixed Wastes," NUREG/CR-4406, U.S. Nuclear Regulatory
     Commission.

General Research Corporation, 1980, "Study of Chemical Toxicity of
     Low-Level Wastes," NUREG/CR-1793, U.S. Nuclear Regulatory
     Commission.

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Appendix I
     13

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   Sufapart 0 — Ustt «f Hwtardeu*
              Wattes
1 261 JO
   A solid  waste  Is  a hazardous
waste If It is  listed  In this subpart,
unless It has been excluded from this
lilt under 1 1 260.20 and 260.22.
  Cb> The  Administrator will Indicate
his basis for listing the classes or types
of wastes listed in this Subpart by em-
pl^ytaB one or more of the following
Hazard Codes:
                                 (0
                                 Id
                                 m
 ADDendix VH Identifies the constitu-
 enrwWch caused the AAntalstrator to
 list the waste as an B> Toxta : Waste
 
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0 261.31  Hazardous wmim from non-specific sources.

  The  following  solid  wastes  are listed  hazardous  vutea  from  non-specific
sources unless they are excluded under J 5  260.20  and 260.22 and listed  is Appen-
dix I3T..  _ - _ "
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I261J3 DlMarded eoouiMKial  eh«rakal
    product*. ofT-cpwifieatien ipcciM, eon-
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    thereof.
  The tollowlnt materials or Items are
hazardous wastes U and when they are
discarded or intended to be discarded.
when they are mixed with waste oil or
used oil or other material and applied
to  the land  for dust suppression  or
road treatment,  or when, in lieu  of
their original intended use, they are
produced for use as (or  as a compo-
nent of) a fuel, distributed for use as a
fuel, or burned as a fuel.
  (a) Any commercial chemical prod-
uct, ot manufacturinc chemical Inter-
                      mediate  having  the  generic  name
                      listed in paragraph (e) or (f) of this
                      section.
                        (b) Any off-specification commercial
                      chemical  product or  manufacturing
                      chemical intermediate which, if it met
                      cpedficaticns. would have the generic
                      name listed in paragraph (e) or (1) of
                      this section.
                        (c> Any container or inner liner  re-
                      moved from a container that has been
                      used to hold any commercial chemical
                      product or manufacturing chemical In-
                      termediate having the generic names
                      listed in paragraph (e) of this section,
                      or  any container or  inner liner  re-
                      moved from a container that has been

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used to  hold  any  off-specification
chemical  product  and manufacturing
chemical  intermediate which, if it met
specifications, would have the generic
name lilted In paragraph (e) of this
section. unless the container is empty
as defined in 1261.7 er (f). Where
a manufacturing process waste is deemed to
be a hanrdous waste because it onntilns a
substaaee listed la paragraph  er 
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•mended M 46 TO 374TI. May 30. 1M1: 49

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Appendix II

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    Subpart C—Ch0raeterittles of
          H«x*r>«u* Waste

8261.20  General.
  (A)  A  solid waste,  as defined  in
} 261.2.  which is not  excluded from
regulation as a hazardous waste under
i 261.4(b). is a hazardous waste if it ex-
hibits any of the characteristics identi-
fied in this subpart.
[Comment: 1362.11  of  this chapter  set*
forth the generator's responsibility to deter-
mine whether hi*  wute  exhibit* one or
more of the characteristics identified In thi*
subpart]
  (b) A hazardous wute which is iden-
tified by  a  characteristic la this sub-
pan,  but is not listed as a hazardous
waste in  Subpart D. is assigned  the
EPA  Hazardous  Waste Number set
forth in the respective characteristic
in this subpart. This number must be
used  in  complying with the notifica-
tion requirements of section 3010 of
the Act and certain recordkeeplng and
reporting requirements under Parts
262 through 265 and Part 270 of this
chapter.
  (c) For purposes of this subpart. the
Administrator will consider a sample
obtained using any of the applicable
sampling methods specified  in Appen-
dix I to be a representative sample
within the meaning of Pan 260 of this
chapter.
[Comment: Since the Appendix I sampling
methods are  not being formally adopted by
the Administrator, a person who desires to
employ  an alternative sampling method  i*
not required to demonstrate the equivalency
of  his method under the procedures set
 forth in li 260.20 and 260.21.1
 (45 FR 33119. May 19. 1980. a* amended at
48 FR 14294. Apr. 1.1983)

 1261.21  Characteristic of ignitabitity.
  (a) A solid waste exhibits the charac-
 teristic of icnltability  if a representa-
 tive sample of  the waste has any of
 the following properties:
  (1) It is a liquid other than an aque-
 ous solution containing less than 24
 percent alcohol by  volume and  has
 flash point lea  than 60'C (140'P), as
 determined  by  a   Pensky-Martens
 Cloned  Cup Tester,  using the  test
 method specified In ASTM Standard
 D-99-79 or D-93-40 (incorporated by
 reference, ate i 360.11). or a Setaflash
 Cloned  Cup Tester,  using the  test
 method specified in ASTM Standard
 D-3278-78  (Incorporated by reference.
 see 1260.11), or as determined by an
 equivalent test  method approved by
 the  Administrator under procedure*
 set forth in II 260.20 and 260.21.
  (2) It is not a liquid and is capable,
under standard temperature and pres-
sure, of causing fire through friction.
absorption of moisture or spontaneous
chemical  changes and, when ignited,
burns  so  vigorously and persistently
that it creates a hazard.
  (3) It is an ignltable compressed gas
as defined in  49 CFR 173.300  and as
determined by the test methods de-
scribed in that regulation or  equiva-
lent test methods approved by the Ad-
ministrator under || 260.20 and 260.21.
  (4) It is an oxldizer as defined in 49
CFR 173.151.
  (b) A solid waste that exhibits the
characteristic of isnitabillty. but is not
listed as a hazardous waste in Subpart
D,  has the EPA  Hazardous   Waste
Number of D001.
[45 FR 33119. May 19. 1980, as amended at
46 FR 35247. July 7.19811
 II81J2  Characteristic of eorrosMty.
   (a) A solid waste exhibits the charac-
 teristic of corroslvity If a representa-
 tive sample of the waste has either of
 the following properties:

  (1)  It is aqueous and has a pH less
 than  or equal to 2 or greater than or
 equal to  12.5. as determined  by a pH
 meter  using  either   an   EPA  test
 method or an equivalent test method
 approved by the Administrator under
 the procedures  set forth in  U 260.20
 and 260.21. The EPA  test  method for
 pH is specified as Method 5.2 in "Test
 Methods  for  the  Evaluation  of Solid
 Waste.  Physical/Chemical Methods"
 (incorporated   by    reference,  see
 1260.11).

  (2)  It is a liquid and corrodes steel
 
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1281.23  Chmnetcriitie of metirity.
  (a) A solid waste exhibits the charac-
teristic of reactivity if a representative
sample of the waste has any of the fol-
lowing properties:
  (1) It is normally unstable and read-
ily  undergoes violent change without
detonating.
  (2) It reacts violently with water.
  (3)  It  forms potentially  explosive
mixtures with water.
  (4) When mixed with water, it gener-
ates toxic  gases, vapors or fumes in a
quantity sufficient to present a danger
to human health or the environment.
  (5) It Is a cyanide or sulfide bearing
waste which, when exposed to pH con-
ditions between 2 and 12.5. can gener-
ate toxic gases, vapors or fumes in a
quantity sufficient to present a danger
to human health or the environment.
  (6) It is capable of detonation or ex-
plosive reaction if it is subjected to a

strong initiating  source or  if heated
under confinement.
  (7)  It  is readily capable of detona-
tion or explosive  decomposition or re-
action at  standard temperature and
pressure.
  (8) It is  a forbidden explosive as de-
fined In 49 CPR 173.51. or  a Class A
explosive as defined in 49 CFR 173.53
or a Class B explosive as defined in 49
CFR 173.88.
  (b) A solid waste that exhibits  the
characteristic of reactivity, but Is not
listed as a hazardous waste In Subpart
O.  has  the  EPA  Hazardous  Waste
Number of D003.

1261.24  Charactcriitie of EP toxieity.
  (a) A solid waste exhibits the charac-
teristic of EP toxieity if. using the test
methods described in Appendix II or
equivalent methods approved  by  the
Administrator  under the procedures
set forth  in ii 260.20 and 260.21. the
extract from a representative  sample
of  the waste contains any of the con-
taminants listed  In Table I  at a con-
centration equal to or greater than the
respective value  given In that Table.
Where the waste contains less than 0.5
ptrcent  filterable  solids, the  waste
itself, after filtering, is considered to
be the extract for the purposes of this
section.
  (b) A solid waste  that  exhibits the
characteristic of EP toxldty. but is not
listed as a hazardous waste in Subpart
D. has  the EPA Hazardous  Waste
Number specified in Table I which cor-
 responds  to  the toxic  contaminant
 causing it to be hazardous.
TABLE I—MAXIMUM CONCENTRATION or CON-
  TAMINANTS  FOR CHARACTERISTIC  OF  EP
  Toxicrrv
SPA |
naaraous .
HUM I
Cenunwiwn
{ Munmum
1 conora*.
i eon

DOW	i Arume	      S-0
0005	1 Svum	„.	    100,0
OOOe		; C**num	-	      t.o
000' .—	:Ch«xm*n.—	I      5.0
0001	„....! LMd		—	I      S.O
0009	 Mercury		~	      0.2
00)0	! S*«num	I      '.0
0011	! S*wr	'      S-0
 Amntx I— RsnzsxifTAzm SAJOTJHO
              liXTKOM
     t  methods and equipment astd for
 aaapling wssu materials wfll fair with UM
 ton and consrtttnry el tht wa*tt material*
 to bt sampled, Samplt* eoUtcud uslnt tht
 atmplmc protocol* IKUd  Mow.  for sam-
 plinf wa§u with proptruw atmUar to the ta-
 dloBUd material*. wfll bt eeosldeMd by UM
 Agency to btrtprtttntatlTt of Uwwattt,
 Kxtnmtly vtoeou* liould-ASnc Standard
  D140-70 CrusiMd or powdmd material—
  ASnt Standard DM6-7S Soil or rock.-!!**
  mturial-ASni Standard D4SO-W Soil-
  like maurtal— ASTM Standard D14S3-M
 Ply  Aah-Ukt  maurtal— AST1C  Standard
  D3334-7S UJTTU. Standard* art available
  from A8TM. IMS Raot 8U Philadelphia.
  PA ItlM)
 ContaiMrtsed liquid wa*U*-"COUWA8A"
  dtKTHHfl in -T«t BCetbod*  for the Eval-
  uation of Solid Wa*u. Payaleal/Chtmieal
  Ketbods.-*  OS. tortronmtnul  Praue-
  UooAt«nc7. office of Solid Wane. Waah-
  initoa. D.C. M4M. (Copta* may bt ob-
  tained from Solid Want Information. TUB.
  XnTtronoMntal Prouetloo Aitaey. M W.
  St. CUlr Bt, Cmcmnatl. Onto 4SSM1
 Liquid watU in pits, pond*,  lacooo*. and
  atmflar  itttrroln.— "Pond Sampler" dt-
  terlbtd in ~f*t Methodt for tht evalua-
  tion of Solid  WasU. Fhnieal/Ch««nJeal
  ICttbod*."-
  Thii aaaual also mmatn*  addlttonal  In-
 f onaauco eo appMnitl"' of tbttt protocol*.

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    APFKKSZX II—EP Toricmr TEST
              PxOCXDUKZS
       A. tstraetion Procedure (JTP)

  1. A representative ample of the waste to
be tested (minimum OK 100 tnmi) (hall be
obtained using the method! specified In Ap-
pendix  I  or any other method capable of
yielding a representative sample within the
meaning of Pan 360. (For detailed guidance
on eonduetinf the varloui atpeett cf the SP
§ee "Test Method*  for  the  Evaluation ol
Solid Waste. Physical/Chemical Methods"
'incorporated by reference, see I 260.1D.2
  2. The sample shall  be separated into Its
component liquid and solid phases uslnt the
method  described  In  "Separation  Proce-
dure" below. If the solid residue » obtained
usiai this method totals lea* than 0.5% of
the original weltht of the wast*, the residue
can  be discarded and the operator shall
treat the liquid phase as  the extract and
proceed immediately to Step •.

  3. The solid material obtained from the
Separation Procedure shall be evaluated for
its particle sise. If the solid matorlal ha* a
surface area per mm  of material equal to,
or greater "««" 3.1 em' or itessn through a
9& mm (0.37S inch) standard sieve, the oper-
ator shall proceed to Step  4. If the surface
ana Is smaller or the panicle ate* larger
than  specified above,  the solid material
shall  be prepared for  extraction by crush-
ing, cutting or grinding the material so that
it passes through a 8.5 mm (OJ7S Inch) sieve
or. if the material Is In a single piece, by
subjecting the material to the "Structural
Integrity Procedure" described below.
  4. The solid material obtained in Step 3
•hall be weighed and placed In an extractor
with 16 times Its weight of delonJaed water.
Do not allow the  material to dry prior to
weighing. For purpose* of  this test, an ac-
ceptable extractor is one which will Impart
sufficient agitation to  the mixture to not
only prevent stratification of the sample
and extraction fluid but also incur* that all
sample  surfaces an continuously brought
into  contact with  well  mixed extraction
fluid.
  i. After the solid material and deloaiMd
water are placed In the extractor, the opera-
tor shall begin agitation and measure the
pH of the solution in the extractor. If the
pH to greater than LO. the pB of the solu-
tion  shun be  decreased to 5.0  ± 0.2 by
adding 0 J N acetic add. If the pB to equal
to or less  than 1.0. no acetic add should be
added. The pB of the solution shall be mon-
      , a* described below, during the course
         i Waste Stream*." XPA •00/2-iO-
Ott. January mo.
  •Tbt  percent solids  to  determined by
drying tae filter pad at WC until It reaches
constant weight and then  calculating the
percent solids using the following equation:
  Percent solid* -
                                    xieo
 of the extraction and If the pH rises above
 5.2, 0.5N acetic acid lhall be added to bring
 the pB down to S.O ± 0.2. However, In no
 event shall the aggregrate amount of acid
 added  to  the solution exceed 4 ml of acid
 per gram  of solid. The mixture shall be agi-
 tated for  24 hour* and maintained at 20'-
 40*C CW-104'F) during this time. It to rec-
 ommended **m the operator monitor and
 adjust the pB during the course of the ex-
 traction with a device *uch a* the Type 45-A
 pB Controller manufactured by Chemtrix.
 Inc.. Hlllsboro. Oregon 97123 or Its equiva-
 lent. In conjunction with a metering pump
 and reservoir of 0.5N acetic add. If such a
 system  to  not available,  the  following
 manual procedure shall be employed:
   (a) A pB meter shall be calibrated In ac-
 cordance with ****  TfianiifiTfiirtr** rpf1f1'>a-
 tlons.
   (b>  The pB of the solution  shall be
 checked and.  If necessary. OJN acetic add
 shall  be •••"•""r added to the  extractor
 untO the  pB  reaches 5.0 * 0.2. The pB of
 the solution shall be adjusted at IS. 30 and
 M minute interval*,  moving to  the  next
 longer interval If the pB does not have to be
 adjusted more than OJN pH units.
   (c) The adjustment procedure shall be
 continued for at least 6 hours.
   (d) If at the end  of the 24-hour extraction
 period,  the pB of the solution to not below
 S.2 and the "••»««••••• amount of add (4 ml
 per gram  of solids) has not been added, the
 pB shall be adjusted to S.O ± 0.2 and the ex-
 traction continued for an additional  four
 hours, during which the pB shall be adjust-
 ed at one hour Interval*.
   «. At the end of the 34 hour extraction
 period,  deiontoed water shall be added to
 the extractor In an amount determined by
 the following equation:
 V-(30XW)-16-A
 V-rnl delonised water to be added
 W-weight m grams of solid charged to ex-
 A-ml of OJN aoetle add added during ex-
     traction
   7. The material m the extractor shall be
 separated  Into  It* component  liquid and
 solid phase* a* described under "Separation
 Procedure."
   a. The liquids resulting from Steps 3 and 7
 shall be combined. This combined liquid (or
 the waste itself if It ha* lea* than M percent
 solids, a* noted in Step 2) to the extract and
 shall be analysed for the presence of any of
 the contaminant* specified m Table I  of
 1361.34 using the  Analytical  Procedures
 designated below.
           SepereJio* Procedure

   equipment: A filter  holder, designed for.
 filtration media having a mm»iMi pore ate
 of 0.45 micrometers and capable of applying
 a 6J kg/cm* (75 pel) hydrostatic pressure to
 the solution *^*"t filtered, «**•" be used.
 Per   mixtures  containing  noaabeorptlve
 solids, where separation  can  be effected
 without Imposing a 5.3 kg/em* pteaturs dif-
 ferential,  vacuum filter* employing a 0.45
, micrometer* filter media can be need. (Tor

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 further guidance on filtration equipment or
 procedures see "Tett Methods for Kvaluat-
 iac  Solid Waste. Physical/Chemical Meth-
 odi"   incorporated   by   reference,   eee
 I 3S0.11). Procedure:1
  (1) Following manufaeturer'i  direction*.
 the  fUter  unit «>»•« be assembled with a
 filter bed  consisting of a 0.48  micrometer
 filter membrane,  for difficult or alow  to
 filter mixture* a premier bed consisting of
 the  followint prefilten in  increasing pore
 *iz» (0.85 micrometer membrane, fine glass
 fiber prcfllter, and ooane  clan fiber pre-
 filter) can be used.
  (11) The waste ihall be poured into the fil-
 tration unit.
  (Ill) The reservoir shall be slowly pressur-
 ized until liquid begins to flow from the fil-
 trate outlet at which point the pressure in
 the  filter shall be  immediately lowered to
 10-18  pslf. nitration shall be  continued
 until liquid flow ceases.
  (hr) The  pressure snail be Increased step-
 wise In 10 psi increments to 78 pait and  fil-
 tration  continued  until flow ceases or the
 preasurtUng ess berns to exit from the  fil-
 trate outlet.
  (*> The filter unit shall be depreaturtsed.
the solid material removed and welched and
 then transferred to the extraction appara-
tus, or. to the case of final filtration prior to
analysis, discarded. Oo not allow the materi-
  •This procedure  is Intended to result In
separation of the  "free" liquid portion of
the waste from any solid matter having a
particle size >0.4S »im.  If the sample will
not filter, various other  separation  tech-
niques can be used to aid tn the filtration.
As  described  above,  pressure  nitration is
employed to speed up the filtration proems.
This does not alter the nature of the separa-
tion. If liquid does not separate during fil-
tration, the waste can be centrtf uged. If sep-
aration occurs durini eantrifugatlon. (be
liquid  portion  (eentrifucate)  is  filtered
through the 0.48 pm filter prior to becoming
mixed  with the liquid portion of the waste
obtained from the Initial filtration. Any ma*
terial that will not pass through the  filter
after  etntrifugation Is considered a  solid
and is extracted.
al retained on the filter pad to dry prior to
weighing.
  trlchlorophenoxypropionic add]:
•Test Methods for the Evaluation  of Solid
Waste. Physical/Chemical Methods" (Incor-
porated by reference, see 1 3M.il).
  2.UUeervedJ
  For all anilyns. the methods of standard
t(HI»iftn «»»«ii be used for qusntlflntlnn of
spades concentration.

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