United St
             Environmental Protection
             Agency
Off ice of
Solid WMM and
Emergency Re«pon»e
     oEPA
                 DIRECTIVE NUMBER: 9441.06(81)

                 TITLE: Operation of the Mixing Rule

                                  •

                 APPROVAL DATE: 6-9-81

                 EFFECTIVE DATE: 6-9-81

                 ORIGINATING OFFICE:  osw

                 E FINAL

                 D DRAFT

                  LEVEL OF DRAFT

                    DA — Signed by AA or DAA
                    D B — Signed by Office Director
                    DC — Review & Comment

                 REFERENCE (other documents):
  OSWER     OSWER     OSWER
VE   DIRECTIVE   DIRECTIVE   Dl

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PART 261  SUBPART A - GENERAL
                                                DOC:  9441.06(81)
Key Words:

Regulations:

Subject:

Addressee:


Originator:


Source Doc:

Date:

Summary:
Mixture Rule, Characteristics of Hazardous Waste

40 CFR 261.3(a)(2)(iii)

Operation of the Mixing Rule

Mr. George Boyd, Pennsylvania Foundrymens Assn.  Suite 512,  Plymouth
Meeting, Pennsylvania  19462

David Friedman, Manager, Waste Analysis Program, Hazardous and
Industrial Waste Division

#9441.06(81)

6-9-81
     The mixing of a listed hazardous waste with a nonhazardous waste makes the
total waste hazardous pursuant to §261.3(a)(2)(ill).   However,  where a waste is
hazardous only because it exhibits one of the other Part 261 characteristics
and it is mixed with another waste, the mixture itself will not be considered
hazardous unless it too exhibits the Part 261 characteristics.   A permit would
likely be required for the mixing (treatment) process.

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                                                              9441.06 (81)
                     OFFICE  OF  SOLID WASTE
 Mr. George Boyd
 Pennsylvania- Foundrymens Assn.
 Suite  512
 One Plymouth  Meeting
 Plymouth Meeting,  PA   19462

 Dear George*

     Your understanding of the operation  of  the  nixing  rule
 in S2tsl.3(a)  (2)  (ii)  is correct.   If  one nixes  a  listed
 haz?rdous waste with a non-hazarnous waste the total  waste
 automatically becomes  a hazardous waste.   For such  a  r.ixture
 to cease to be a  reculatec' hazardous waste the qenerator
 trust petition the  Agency to delist  the cixture.  For  non-listeO
 hazardous wastes  the situation is different.

     If a waste becoces a hazardous waste only because  it
 exhibits one or saore characteristics (i.e.,  it is  not a  •
 listed waste), then if such a waste is mixed with  another
 waste and the mixture  does not exhibit any of the  characteristics
 oi a hazardous waste,  the mixture automatically  ceases  to be
 A, hazardous waste.  Such an action does not  require any
 delisting action  by C?A..

     I hope this  note  is sufficient for your needs. -

                          Sincerely,
                        David Friedman
                           Manager
                    Waste Analysis Program
       Haxardotifl «nd Industrial Waste Division  (WH-565)
WH-565/DPriedrnan:na:x59187:6/3/81 Disk NA-01-30

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