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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