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DIRECTIVE NUMBER: 9441.32(84)
TITLE: Clarification of RCRA Regulations on Hazardous
Characteristic
APPROVAL DATE: 11-7-34
EFFECTIVE DATE: 11-7-34
ORIGINATING OFFICE: office of Solid waste
SI FINAL
D DRAFT
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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: 9441.32(84)
Key Words:
Regulations!
Subject:
Addressee:
Originator>
Source Doc:
Date:
Summary:
Mixture Rule, Characteristics of Hazardous Waste
40 CFR 261.3(a)(2)(i)/(iii), 261.3(c)(2), 261.3(d)(2), 260.20,
260.22, 260.22(c)
Clarification of RCRA Regulations on Hazardous Characteristic
Stephen S. Odojewski, Waste Resource Associates, Inc. 2576 Seneca
Avenue, Niagara Falls, New York 14305
Alan S. Corson, Chief, Studies and Methods Branch
#9441.32(84)
11-7-84
If a waste that is hazardous because of a characteristic is not a listed
waste, then according to 40 CFR §261.3(a)(2)(i) it is not a hazardous waste
when it no longer meets that characteristic. The treated waste residue of a
§261 Subpart C waste is no longer hazardous when it no longer is hazardous by
characteristic. If the treatment is subject to regulation, it will require a
RCRA facility permit.
Listed characteristic wastes are no longer hazardous when it is mixed with
solid waste and the mixture does not exhibit any characteristic according to
§261.3(a)(2)(iii). If this waste is not mixed with solid waste during treatment,
according to §2.61.3(c)(2) and §261.3(d)(2), the treatment residue will remain a
listed waste until the waste is excluded under §260.20 and §260.22. Specifically,
a delisting petition is required to show that the waste no longer meets the
characteristic criteria [§260.22(c)J.
' Authorized States and territories operate hazardous waste programs in lieu
of RCRA, but any State or territory may have additional regulator-y standards.
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9441.32 (84)
NGV .7 1964
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Mr. Stephen S. Odojewski £
Waste Resource Associates, Inc. =
2576 Seneca Avenue n
Niagara Falls, New York 14305 ^
31
Dear Mr. Odojewski: n
3
This letter reponds to your September 18, 1984 request for £
clarification of the RCRA regulations that apply to wastes that are £
only hazardous on the basis of a characteristic. ". _ \
Ul
If a waste tfrat is hazardous because of a characteristic is not £
a listed waste, then 40 CFR 261.3(a)(2)(i) says it is not a hazardous 1
waste when it no longer meets that characteristic. Your under- . ^
standing of 40 CFR 261.3(c)(2) and 261.3(d)(l) is correct in saying c
that this treated waste residue is no longer-hazardous when it no ^
longer is hazardous by characteristic. The treatment itself may or ^
may not require a RCRA facility permit, depending on if the treatment
is subject to regulation. Exceptions to treatment can generally i
be found in S264.1(g) . *
On the other hand, some wastes are 1 is tod solely because of a X
characteristic, such as F003 (ignitables). In this case the waste is £
no longer hazardous when it is mixed with solid waste and the mixture '
does not exhibit any characteristic according to §2'61.3{a) (2) ( iii) . £
On the other hand, if a waste like F003 is not mixed with solid 5j'
waste during treatment, 40 CFR 261.3(c)(2) and 2£1.3(d)(2) says the Q
treatment residue remains a listed waste until the waste has been >
excluded under SS260.20 and 260.22. Specifically, 40 CFR 260.22(c) £
requires a "delisting" petition to demonstrate that the waste no ^
longer meets the characteristic criteria. £
I do want to point out that all but 7 States and 3 territories
have programs that operate in lieu of the Federal RCRA program --
and 8 of these programs have received full authorization. When a
State has been granted authority to operate the RCRA program, you
are subject to the $.tate regulations which may have a slightly
different viewpoint. The RCRA/Superfund Hotline at 800-424-9346
AON
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can send you a copy of the State hazardous waste agency addresses
and phone numbers if you need it.
In most cases, characteristic wastes would no. longer be a RCRA
hazardous waste when they no longer exhibit the characteristic, except
as previously mentioned. Please do not hesitate to contact me
again if I may be of further assistance.
Sincerely, '
Alan S. Corson
Chief
Studies and Methods Branch
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