United States Solid Waste and PB96-780143
Environmental Protection Emergency Response EPA530-R-95-046
Agency (5305W) November 1995
RCRA/UST, Superfund, & EPCRA
Hotline Training Module
Introduction to:
Hazardous Waste Identification
(40 CFR Part 261)
Updated as of July 1995
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DISCLAIMER
This document was developed by Booz-Allen & Hamilton Inc. under contract 68-WO-0039 to EPA. It is intended
to be used as a training tool for Hotline specialists and does not represent a statement of EPA policy.
The information in this document is not by any means a complete representation of EPA's regulations or policies.
This document is used only in the capacity of the Hotline training and is not used as a reference tool on Hotline
calls. The Hotline revises and updates this document as regulatory program areas change.
The information in this document may not necessarily reflect the current position of the Agency. This document
is not intended and cannot be relied upon to create any rights, substantive or procedural, enforceable by any
party in litigation with the United States.
RCRA/UST, Superfund & EPCRA Phone Numbers:
National toll-free (outside of DC area) (800) 424-9346
Local number (within DC area) (703) 412-9810
National toll-free for the hearing impaired (TDD) (800) 553-7672
The Hotline is open from 9 am to 6 pm Eastern Standard Time,
Monday through Friday, except for federal holidays.
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HAZARDOUS WASTE IDENTIFICATION
CONTENTS
1. Introduction 1
2. Regulatory Overview 3
2.1 Hazardous Waste Identification Process 3
2.2 Definition of Hazardous Waste 4
2.3 Listed Hazardous Waste 7
2.4 Characteristic Hazardous Waste 16
2.5 The Mixture and Derived-from Rules 20
2.6 The Contained-in Policy 24
2.7 Regulatory Developments 26
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Hazardous Waste Identification -1
1. INTRODUCTION
The goal of this module is to teach you how to answer the following question: "Is
this waste a hazardous waste regulated under the Resource Conversation and
Recovery Act (RCRA)?" This is one of the most common and important questions
you will encounter about RCRA. Proper hazardous waste identification is so
important because whether or not a waste qualifies as hazardous usually dictates
whether all or none of the extensive RCRA hazardous waste regulations will apply
to its handling. Proper hazardous waste identification can also be quite difficult,
because the RCRA regulations establish a complex definition of the term
"hazardous waste." To assist you in tackling the issue of hazardous waste
identification, this module introduces a specific hazardous waste identification
method or process. This process involves asking and analyzing a series of questions
about any waste you are evaluating. Learning this method should be one of your
goals while reading this module.
Use of the hazardous waste identification process explained in this module depends
on a clear understanding of certain regulatory issues, including the RCRA definition
of the term "hazardous waste." This module therefore analyzes in detail the RCRA
definition of hazardous waste. Other modules will explore additional regulatory
issues essential to proper use of the hazardous waste identification method, such as
the definition of solid waste and the solid and hazardous waste exclusions.
This module only provides an introduction to a number of extremely complex
regulatory issues. However, after reading it, you should be familiar with and able to
explain the hazardous waste identification process. You should also understand the
definition of hazardous waste and be able to explain the following concepts that are
essential to identifying a RCRA hazardous waste:
• Hazardous waste listings
• Hazardous waste characteristics
• The "mixture" and "derived-from" rules
• The "contained-in" policy
• The Hazardous Waste Identification Rule (HWIR)
The information in this document is not by any means a complete representation of hrA s regulations or policies, out is
an introduction used for Hotline training purposes. For complete and current information, please call the
RCRA/UsX Superfund, and EPCRA Hotline.
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2 - Hazardous Waste Identification
The information in this document is not by any means a complete representation of fcPA s regulations or policies, but is
an introduction used for Hotline training purposes. For complete and current information, please call the
RCRA/UST, Superfund, and EPCRA Hotline.
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Hazardous Waste Identification - 3
2. REGULATORY OVERVIEW
What is a hazardous waste? In its most basic form, the answer to that question can
be quite simple. A hazardous waste is a waste whose chemical composition or other
properties make it capable of causing illness, death, or some other harm to humans
and other life forms. Developing a regulatory program that ensures the safe
handling of such dangerous wastes demands a far more precise definition of the
term, however. EPA therefore created a set of hazardous waste identification
regulations that allow one to determine whether any particular material is a
hazardous waste for the purposes of RCRA. The following paragraphs provide a
general introduction to the RCRA hazardous waste identification process and the
logic behind it.
2.1 HAZARDOUS WASTE IDENTIFICATION PROCESS
Hazardous waste identification begins with an obvious point: in order for any
material to be a hazardous waste, it must first be a waste. A waste is essentially a
thing that someone throws away, an item with no value. The first step in proper
hazardous waste identification is deciding whether an item is or is not a waste.
Deciding whether an item is or is not a waste is not always easy, however. For
example, a material (like an aluminum can) that one person discards could seem
valuable to another person who recycles that material. EPA therefore developed a
set of regulations to assist in determining whether a material is a waste. RCRA uses
the term "solid waste" in place of the common term "waste." Under RCRA, the
term "solid waste" means any waste, whether in solid, semi-solid, or liquid physical
form. Thus, the first step in the RCRA hazardous waste identification process is
deciding whether an item qualifies as a RCRA solid waste. This explains why the
first section of the RCRA hazardous waste identification regulations focuses upon
the definition of solid waste. For now you need only understand in general terms
the role that the definition of solid waste plays in the RCRA hazardous waste
identification process. Another module, "Definition of Solid Waste and Recyclable
Materials," explains the definition of solid waste in greater detail.
Only a small fraction of all RCRA solid wastes actually qualify as hazardous wastes.
At first glance, one would imagine that distinguishing between hazardous and non-
hazardous wastes is a simple matter of chemical and toxicological analysis. Other
factors must be considered, however, before evaluating the actual hazard that a
waste's chemical composition poses. Regulation of certain wastes may be
impractical, unfair, or otherwise undesirable, regardless of the hazards they pose.
For instance, household waste often contains dangerous chemicals, but making
households subject to the strict RCRA waste management regulations would create
a number of practical problems. Therefore, EPA exempted or excluded certain
wastes, like household wastes, from the hazardous waste definition and regulations.
Deciding whether or not a waste is excluded or exempted from hazardous waste
tnisocunenso>ny regulations or policies, but is
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4 - Hazardous Waste Identification
regulation is the second step in the RCRA hazardous waste identification process.
Only after determining that a solid waste is not somehow excluded from hazardous
waste regulation should one proceed to evaluate the actual chemical hazard that a
waste poses. The module entitled "Solid and Hazardous Waste Exclusions" explains
which wastes are excluded from RCRA regulation. For now, you should remember
that evaluation of these exclusions is the second step in the hazardous waste
identification process.
The third step in the hazardous waste identification process is determining whether
a waste actually poses a sufficient chemical or physical hazard to merit regulation.
This step in the hazardous waste identification process involves evaluating the
waste in light of the regulatory definition of hazardous waste. The remainder of
this module explains the definition of hazardous waste in detail. Comparing a
waste to this hazardous waste definition is arguably the most important step in the
hazardous waste identification process. That is why this first training module is -
devoted to analyzing the hazardous waste definition. You should always
remember, however, that the RCRA hazardous waste identification process
involves three primary steps:
• Determining whether the material in question is a solid waste
• Determining whether the solid waste in question is excluded from
regulation
• Determining whether the solid waste in question is a hazardous
waste.
Since proper hazardous waste identification is essential to the success of the
hazardous waste management program, the RCRA regulations at 40 CFR §262.11
actually require that any person who produces or generates a waste must determine
whether that waste is or is not hazardous. In doing so, §262.11 also explains the
steps in the hazardous waste identification process summarized above. Whenever
you are faced with the question of whether or not a waste is hazardous under
RCRA, turn to §262.11. This regulation will remind you of the three primary steps
in the RCRA hazardous waste identification process. This module will now explain
in detail the third element in this process, the definition of hazardous waste.
2.2 DEFINITION OF HAZARDOUS WASTE
Any discussion of the definition of hazardous waste begins with Congress1 original
statutory definition of the term. RCRA §1004(5) defines hazardous waste as:
A solid waste, or combination of solid waste, which because of its
quantity, concentration, or physical, chemical, or infectious
The inionnaHoninTnTs^ocunTent is not by any means a complete representation of EPA's regulations or policies, but is
an introduction used for Hotline training purposes. For complete and current information, please call the
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Hazardous Waste Identification - 5
characteristics may (a) cause, or significantly contribute to, an increase
in mortality or an increase in serious irreversible, or incapacitating
reversible, illness; or (b) pose a substantial present or potential hazard
to human health or the environment when improperly treated, stored,
transported, or disposed of, or otherwise managed.
This broad statutory definition provides a general indication of which wastes
Congress intended to regulate as hazardous. However, it obviously does not
provide the clear distinctions necessary for industrial waste handlers to determine
whether their wastes pose a sufficient threat to warrant regulation or not.
Recognizing this fact, Congress instructed EPA to develop more specific criteria for
defining hazardous waste. Therefore, there are two definitions of hazardous waste
under the RCRA program: a statutory definition and a regulatory definition. The
statutory definition cited above is seldom used today. It served primarily as a
general guideline for EPA to follow in developing its own definition of hazardous
waste in the hazardous waste regulations. The regulatory definition is an essential
element of the current RCRA program. It precisely identifies which wastes are
subject to RCRA waste management regulations.
Congress asked EPA to fulfill the task of developing a regulatory definition of
hazardous waste by using two different mechanisms: by listing certain wastes as
hazardous and by identifying characteristics which, when present in a waste, make it
hazardous. Following its statutory mandate, EPA developed a regulatory definition
of hazardous waste that incorporates both listings and characteristics. The following
discussion provides a general explanation of the terms "hazardous waste listing"
and "hazardous waste characteristic." Later portions of this module will define
RCRA listings and characteristics more precisely.
HAZARDOUS WASTE LISTINGS
A hazardous waste listing is a narrative description of a specific type of waste that
EPA considers dangerous enough to deserve regulation. Hazardous waste listings
describe wastes from very specific industrial processes, wastes from very specific
sectors of industry, or wastes in the form of very specific chemical formulations.
Before developing a hazardous waste listing, EPA thoroughly studies a particular
wastestream and the threat it can pose to human health and the environment. If
the waste poses enough of a threat to deserve hazardous waste regulation, EPA
includes a precise description of that waste on one of the hazardous waste lists.
Thereafter, any waste that meets that narrative listing description is considered
hazardous, regardless of its chemical composition or any other potential variable.
For example, one of the current hazardous waste listings reads as follows: "API
separator sludge from the petroleum refining industry." An API separator is a
device commonly used by the petroleum refining industry to separate contaminants
from refinery wastewaters. After studying the petroleum refining industry and
typical sludges from API separators, EPA decided these sludges were dangerous
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6 - Hazardous Waste Identification
enough to warrant regulation as hazardous waste under all circumstances. The
listing therefore designates all petroleum refinery API separator sludges as
hazardous. Chemical composition or other factors about a specific sample of API
separator sludge are not relevant to its status as hazardous waste under the RCRA
program.
Using listings to define hazardous wastes presents certain advantages and
disadvantages. One advantage is that listings make the hazardous waste
identification process easy for industrial waste handlers. Only knowledge of a
waste's origin is needed to determine if it is listed; laboratory analysis is
unnecessary. By comparing any waste to narrative listing descriptions, one can
easily determine whether or not the waste is hazardous. EPA's use of listings also
presents certain disadvantages. For example, listing a waste as hazardous demands
extensive study of that waste by EPA. EPA lacks the resources to investigate the
countless types of chemical wastes produced in the United States. Therefore, the
hazardous waste listings simply cannot address all dangerous wastes. Another
disadvantage of the hazardous waste listings is their lack of flexibility. Listings
designate a waste as hazardous if it falls within a particular category or class. The
actual composition of the waste is not a consideration as long as waste the matches
the appropriate listing description. For instance, some API separator sludges from
petroleum refining might contain relatively few hazardous constituents and pose a
negligible risk to human health and the environment. Such sludges are still
regulated as hazardous, however, because the listing for this wastestream does not
consider variations is waste composition. Thus, the hazardous waste listings can
unnecessarily regulate some wastes that do not pose a significant health threat. As
you will see, the hazardous waste characteristics provide an important complement
to listings by addressing most of the shortcomings of the hazardous waste listings.
HAZARDOUS WASTE CHARACTERISTICS
A hazardous waste characteristic is a measurable property which, when present in a
waste, indicates that the waste poses a sufficient threat to deserve regulation as
hazardous. When defining hazardous waste characteristics, EPA does not study
particular wastestreams from specific industries. Instead, EPA asks the question,
"what properties or qualities can a waste have which cause that waste to be
dangerous?" For example, EPA found that ignitability, or the tendency for a waste to
easily catch fire and burn, is a dangerous property. Thus, ignitability is one of the
hazardous waste characteristics and a waste displaying that property is regulated as
hazardous. When defining hazardous waste characteristics, EPA attempts to
identify analytical tests capable of detecting or demonstrating the presence of the
characteristic. For instance, EPA regulations reference a laboratory flash point test to
be used when deciding if a liquid waste is ignitable. Whether or not a waste displays
a hazardous characteristic generally depends on how it fares in one of the
characteristics tests. Therefore, the chemical makeup or other factors about the
composition of a particular waste typically determine whether or not it tests as
hazardous for a characteristic.
ntrud>cur
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Hazardous Waste Identification - 7
Using characteristics to define hazardous wastes presents certain advantages over
designating hazardous wastes by listings. One advantage is that hazardous
characteristics and the tests used to evaluate their presence have broad applicability.
Once EPA has defined a characteristic and selected a test for use in identifying it,
waste handlers can evaluate any wastestream to see if it is classified as a hazardous
waste. Furthermore, use of characteristics can be a more equitable way of
designating wastes as hazardous. Instead of categorizing an entire group of wastes as
hazardous, characteristics allow a waste handler to evaluate each waste sample on
its own merits and classify it according to the actual danger it poses. Aware of these
advantages, EPA originally planned to use characteristics as the primary means of
identifying hazardous waste. EPA hoped to define and select test methods for
identifying all hazardous characteristics, including organic toxicity, mutagenitity
(the tendency to cause mutations), teratogenicity (the tendency to cause defects in
offspring), bioaccumulation potential, and phytotoxicity (toxicity to plants). EPA
encountered problems, however, when trying to develop regulatory definitions of
these properties. One primary problem was that no straightforward testing protocol
was available for use in determining if a waste possessed one of these characteristics.
For example, deciding if a particular wastestream poses an unacceptable cancer risk
demands extensive laboratory experimentation. Requiring such analysis on a
routine basis from industrial waste handlers would be impractical. Therefore, EPA
developed a hazardous waste definition that relies on both listings and
characteristics to define a hazardous wastes. The following sections of the module
explain hazardous waste listings and characteristics in more detail.
2.3 LISTED HAZARDOUS WASTES
EPA has studied and listed as hazardous hundreds of specific industrial
wastestreams. These wastes are described or listed on four different lists which are
found in the regulations at Part 261, Subpart D. These four lists include:
• The F list. The F list designates as hazardous particular wastes from
certain common industrial or manufacturing processes. Because
the processes producing these wastes can occur in different sectors of
industry, the F list wastes are known as waste from non-specific
sources. The F list is codified in the regulations at §261.31.
• The K list. The K list designates as hazardous particular
wastestreams from certain specific sectors of industry. K list wastes
are therefore known as wastes from specific sources. The K list is
found at §261.32.
The information in this document is not by any means a complete representation ot hl^A s regulations or policies, out is
an introduction used for Hotline trainingpurposes. For complete and current information, please call the
RCRA/UST, Superfund, and EPCRA Hotline.
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8 - Hazardous Waste Identification
• The P list and the U list. These two lists are similar in that both list
as hazardous pure or commercial grade formulations of certain
specific unused chemicals. Both the P list and U list are codified in
§261.33.
These four lists each designate anywhere from 30 to a few hundred wastestreams as
hazardous. Each waste on the lists is assigned a waste code consisting of the letter
associated with the list followed by three numbers. For example, the wastes listed as
hazardous on the F list are assigned the waste codes F001, F002, and so on. As you
will learn, waste codes are an important part of the RCRA regulatory system.
Assigning the correct waste code to a waste has important implications for the
management standards that apply to the waste.
LISTING CRITERIA
Before listing any waste as hazardous, the Agency developed a set of criteria to use as
a guide when determining whether or not a waste deserves to be listed. These
listing criteria provide a consistent frame of reference when EPA considers listing a
wastestream. Always remember that these criteria are only used by EPA when
evaluating whether a waste deserves to be listed; the listing criteria are not used by
waste handlers, who refer to the actual hazardous waste lists for hazardous waste
identification purposes. There are four different criteria upon which EPA may base
its determination to list a waste as hazardous. These criteria are codified in Part 261,
Subpart B. Note that these four criteria do not directly correspond to the four
different lists of hazardous waste. The four reasons why EPA may list a waste are:
• The waste typically contains harmful chemicals, and other factors
indicate that it could pose a threat to human health and the
environment in the absence of special regulation. Such wastes are
known as toxic listed wastes.
• The waste contains such dangerous chemicals that it could pose a
threat to human health and the environment even when properly
managed. Such wastes are known as acutely hazardous wastes.
• The waste typically exhibits one of the four characteristics of
hazardous waste described in the hazardous waste identification
regulations. A later portion of this module explains the four
hazardous waste characteristics in detail.
• EPA has cause to believe that, for some other reason, the waste
typically fits within the statutory definition of hazardous waste
developed by Congress.
EPA may list a waste as hazardous for any and all of the above reasons. The
majority of listed wastes fall into the toxic wastes category. To decide if a waste
or policies, but is
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Hazardous Waste Identification • 9
should be a toxic listed waste, EPA first determines whether it typically contains
harmful chemical constituents. Appendix VIII of Part 261 contains a list of chemical
compounds or elements which scientific studies show to have toxic, carcinogenic,
mutagenic, or teratogenic effects on humans or other life forms. If a waste contains
chemical constituents found on the Appendix VIII list, EPA then evaluates eleven
other factors to determine if the wastestream is likely to pose a threat in the absence
of special restrictions on its handling. These additional considerations include a risk
assessment and study of past damage cases caused by the waste. Acutely hazardous
wastes are the second most common type of listed waste. EPA designates a waste as
acutely hazardous if it contains Appendix VIII constituents that scientific studies
show to be fatal to humans or animals in low doses. In a few cases, acutely
hazardous wastes contain no Appendix VIII constituents, but are extremely
dangerous for another reason. An example is the listed waste P081, which
designates unused discarded formulations of nitroglycerine as acutely hazardous.
Although nitroglycerine is not an Appendix VIII hazardous constituent, wastes
containing unused nitroglycerine are so unstable that they pose an acute hazard.
The criteria for designating a waste as acutely hazardous require only that EPA
consider the typical chemical makeup of the wastestream. EPA is not required to
study other factors, such as relative risk and past damage cases, when listing a waste
as acutely hazardous.
To indicate its reason for listing a waste, EPA assigns a hazard code to each waste
listed on the F, K, P, and U lists. These hazard codes are listed below. The last four
hazard codes apply to wastes that have been listed because they typically exhibit one
of the four regulatory characteristics of hazardous waste. You will learn more about
the four characteristics of hazardous waste. The hazard codes indicating the basis for
listing a waste are:
Toxic Waste
Acute Hazardous Waste
Ignitable Waste
Corrosive Waste
Reactive Waste
Toxicity Characteristic Waste
(T)
(H)
(I)
(C)
(R)
(E)
The hazard codes assigned to listed wastes actually do affect the regulations that
apply to handling of the waste. For instance, acute hazardous wastes accompanied
by the hazard code (H) are subject to stricter management standards than most other
wastes. Other examples of the relationship between hazard codes and management
standards for listed wastes will be explored later in this module.
THE F LIST: WASTES FROM NON-SPECIFIC SOURCES
The F list designates as hazardous particular wastestreams from certain common
industrial or manufacturing processes. F list wastes usually consist of chemicals that
The information in tnis document is not by any means a complete representation of hFA s regulations or policies, out is
an introduction used for Hotline training purposes. For complete and current information, please call the
RCRA/UST, Superfund, and EPCRA Hotline.
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10 * Hazardous Waste Identification
have been used for their intended purpose in an industrial process. That is why F
list wastes are known as. "manufacturing process wastes." The F list wastes can be
divided into seven groups, depending on the type of manufacturing or industrial
operation which creates them. The seven categories of F-listed wastes are:
• Spent solvent wastes (F001 - F005)
• Wastes from electroplating and other metal finishing operations
(F006 - F012, F019)
• Dioxin-bearing wastes (F020 - F023 and F026 - F028)
• Wastes from the production of certain chlorinated aliphatic
hydrocarbons (F024, F025)
• Wastes from wood preserving (F032, F034, and F035)
• Petroleum refinery wastewater treatment sludges (F037 and F038)
• Multisource leachate (F039).
Spent Solvent Wastes (F001 - F005)
Waste codes F001 - F005 apply to wastestreams from the use of certain common
organic solvents. Solvents are chemicals with many functions, although they are
most often used in degreasing or cleaning. The solvents covered by the F listings are
commonly used in industries ranging from mechanical repair to dry cleaning to
electronics manufacturing. EPA decided that only certain solvents used in certain
ways produce wastestreams that warrant a hazardous waste listing. Therefore, one
must evaluate a number of key factors in order to determine whether the F001 -
F005 waste codes app^ly to a particular waste. First, one or more of the 31 specific
organic solvents designated in the F001 - F005 listing description must have been
used in the operation that created the waste. Second, the listed solvent must have
been used in a particular manner; it must have been used for its "solvent
properties," as EPA defines that expression. Finally, EPA decided that only a
wastestream created through use of a concentrated solvents should be listed. Thus,
the concentration of the solvent formulation or product before its use in the process
that created the waste is also a factor in determining the applicability of the F001 -
F005 listing.
The F001 - F005 spent solvent listings provide perhaps the best illustration of a
principle common to all listed hazardous wastes. As this module has explained, to
determine whether a waste qualifies as listed, knowledge of the process that created
the waste is essential, while information about the waste's chemical composition is
usually irrelevant. For example, the F005 listing description can allow two different
wastes with identical chemical contents to be regulated differently because of subtle
differences in the processes that created the wastes. A waste made up of toluene (an
F005 solvent) and paint is listed if the toluene has been used to clean the paint from
brushes or some other surface. A waste with the same chemical composition is not
F005 if the toluene has been used as an ingredient (such as a thinner) in the paint.
EPA considers use as a cleaner to be "use as a solvent;" use as an ingredient does not
or policies, but is
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Hazardous Waste Identification -11
qualify as "solvent" use. As you can see, knowledge of the process that created a
waste is a key factor in evaluating whether a waste can be a hazardous spent solvent
or other listed hazardous waste.
Wastes from Electroplating and Other Metal-finishing Operations (F006 - F012, F019)
The listed hazardous wastes F006 - F012 and F019 are wastes commonly produced
during electroplating and other metal finishing operations. Diverse industries use
electroplating and other methods to change the surface of a metal objects in order to
enhance the appearance of the objects, make them more resistant to corrosion, or
impart some other desirable property to them. Industries involved in plating and
metal finishing range from jewelry manufacture to automobile production. A
variety of techniques can be used to amend a metal's surface. For example,
electroplating uses electricity to deposit a layer of one decorative or protective metal
on the surface of another metal object. Chemical conversion coating also amends
the surface of a metal, but does so by chemically converting a layer of the original
base metal into a protective coating. Because each of these processes produces
different types of wastes, EPA only designated wastes from certain metal-finishing
operations as hazardous. Thus, the first step in determining whether one of the
F006-F012 or F019 listings applies to a waste is identifying the type of metal finishing
process involved in creating the waste:
• F006 - F009 listings only apply to wastes from electroplating
operations
• F010 - F012 listings only apply to wastes from metal heat treating
operations
• the F019 listing only applies to wastes from chemical conversion
coating.
Dioxin-bearing Wastes
The listed wastes F020 - F023 and F026 - F028 are commonly known as the "dioxin-
bearing wastes." These listings describe a number of wastestreams that EPA believes
are likely to contain dioxins, which are among the most dangerous known chemical
compounds. The dioxin listings apply primarily to manufacturing process wastes
from the production of specific pesticides or specific chemicals used in the
production of pesticides. The F027 listing deserves special notice because it does not
apply to used manufacturing wastes. It applies only to certain unused pesticide
formulations. F027 is in fact the only listing on the F list or K list that describes an
unused chemical rather than an industrial wastestream consisting of chemicals that
have served their intended purpose. You should also note that, with the exception
of F028, all of the dioxin-bearing wastes are considered acute hazardous wastes and
are designated with the hazard code (H). These wastes are therefore subject to
stricter management standards than other hazardous wastes, as later modules will
explain.
)£ regulations or policies, but is
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12 - Hazardous Waste Identification
Wastes from the Production of Certain Chlorinated Aliphatic Hydrocarbons
The F024 and F025 listings designate as hazardous certain wastestreams produced in
the manufacture of chlorinated aliphatic hydrocarbons. These listings stand out on
the F list (the list of wastes from non-specific sources) because they focus on wastes
from a very narrow industrial sector. Many other wastestreams from the
manufacture of organic chemicals are listed on the K list, the list of wastes from
specific sources.
Wood Preserving Wastes
The F032, F034, and F035 listings apply to certain wastes from wood preserving
operations. Most wood used for construction or other non-fuel applications is
chemically treated to slow the deterioration caused by decay and insects. Such
chemical treatment is especially evident in telephone poles, railroad cross ties, and
other wood products prepared to withstand the rigors of outdoor usage. Wood
preservation typically involves coating lumber with pentachlorophenol, creosote, or
preservatives containing arsenic or chromium. The wood preserving process
creates a number of common wastestreams containing these chemicals. For
example, once wood has been treated with a preservative, it is placed in a storage
yard where excess preservative drips from the lumber. The F032, F034, and F035
listings designate this preservative drippage as listed hazardous waste. These
listings also apply to a variety of other residuals from wood preserving. Whether
the F032, F034, or F035 listings apply to a particular wood preserving waste depends
entirely on the type of preservative used at the facility. Waste from wood
preservation using pentachlorophenol is F032, waste from use of creosote is F034,
and waste from treating wood with arsenic or chromium is F035.
Petroleum Refinery Wastewater Treatment Sludges
The F037 and F038 listings apply to specific wastestreams from petroleum refineries.
The petroleum refining process typically creates large quantities of contaminated
wastewater. Before this wastewater can be discharged to a river or sewer, it must be
treated to remove oil, solid material, and chemical pollutants. Gravity provides a
simple way of separating these pollutants from refinery wastewaters. Over time,
solids and heavier pollutants precipitate from wastewaters to form a sludge. Other
less dense pollutants accumulate on the surface of wastewaters, forming a material
known as float. These gravitational separation processes can be encouraged through
chemical or mechanical means. The F037 listing applies to the sludges and float
created by gravitational treatment of petroleum refinery wastewaters. The F038
listing applies to sludges and float created during the chemical or physical treatment
of refinery wastewaters.
The information in this document is not by any means a complete representation of tFA s regulations or policies, out is
an introduction used for Hotline training purposes. For complete and current information, please call the
RCRA/UST, Superfund, and EPCRA Hotline.
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Hazardous Waste Identification -13
Multisource Leachate
The F039 listing applies to multisource leachate, the liquid material that
accumulates at the bottom of a hazardous waste landfill. Understanding the natural
phenomenon known as leaching is essential to understanding a number of key
RCRA regulations. Leaching occurs when liquids such as rainwater filter through
soil or buried materials, such as wastes placed in a landfill. When this liquid comes
in contact with buried wastes, it leaches or draws chemicals out of those wastes.
This liquid (called leachate) then carries the leached chemical contaminants further
into the ground, eventually depositing them elsewhere in the subsurface or in
groundwater. The leachate that percolates through landfills, particularly hazardous
waste landfills, usually contains high concentrations of chemicals. Therefore,
landfill leachate is often collected to minimize the potential that it may enter the
subsurface environment and contaminate soil or groundwater. F039 designates as
listed hazardous waste this leachate that percolates through hazardous waste
landfills and other buried hazardous waste.
THE K LIST: WASTES FROM SPECIFIC SOURCES
The K list of hazardous wastes designates as hazardous particular wastes from
specific sectors of industry and manufacturing. The K list wastes are therefore
known as wastes from specific sources. Like F list wastes, K list wastes are
manufacturing process wastes. They contain chemicals that have been used for
their intended purpose. When determining whether a waste qualifies as K-listed,
one should ask two primary questions. First, is the facility that created the waste
within one of the seventeen different industrial or manufacturing categories on the
K list? Second, does the waste match one of the specific K list waste descriptions?
The seventeen industries that can generate K list wastes are:
Wood preservation
Inorganic pigment manufacturing
Organic chemicals manufacturing
Inorganic chemicals manufacturing
Pesticides manufacturing
Explosives manufacturing
Petroleum refining
Iron and steel production
Primary copper production
Primary lead production
Primary zinc production
Primary aluminum production
Ferroalloys production
Secondary lead processing
Veterinary pharmaceuticals manufacturing
Ink formulation
Coking (processing of coal to produce coke, a material used in iron
and steel production). _
regulations or policies, but is
an introduction used for Hotline training nurposes. For complete and current information, please call the
RCRA/USi; Superrund, and EPCRA Hotline.
-------
14 - Hazardous Waste Identification
Remember that not all wastes from these seventeen industries are hazardous, only
those specifically described in the detailed K list descriptions.
In general, the K listings target much more specific wastestreams than the F listings.
For example, EPA recently added a number of listings to the organic chemicals
manufacturing category of the K list. These new listings are for wastes from the
production of carbamate chemicals. EPA estimates that only two dozen facilities
nationwide produce wastestreams covered by these new K listings. In contrast, F-
listed spent solvent wastes are commonly generated in thousands of different plants
and facilities. You may also notice that industries that generate K-listed wastes, such
as the wood preserving and petroleum refining industries, can also generate F-listed
wastes. Typically, K listings describe more specific wastestreams than F listings
applicable to the same industry. For example, K051 and K048 designate as hazardous
two very specific types of petroleum refinery wastewater treatment residues:
wastewater treatment sludges created in API separators and wastewater treatment
float created using dissolved air flotation (DAF) pollution control devices. The F037
and F038 listings complement these two K listings by designating as hazardous all
other types of petroleum refinery wastewater treatment sludges and floats. These
petroleum refinery listings illustrate that the K listings are typically more specific
than the F listings. They also illustrate that the two lists are in many ways very
similar.
THE P AND U LISTS: DISCARDED COMMERCIAL CHEMICAL PRODUCTS
The P and U lists designate as hazardous pure or commercial grade formulations of
certain unused chemicals. As you will see, the P and U listings are quite different
from the F and K listings. For a waste to qualify as P- or U-listed, a waste must meet
the following three criteria:
• The waste must contain one of the chemicals listed on the P or U
list
• The chemical in the waste must be unused
• The chemical in the waste must be in the form of a "commercial chemical
product," as EPA defines that term.
The following paragraphs explore these three criteria in detail and examine EPA's
rationale in creating the P and U lists.
You have already learned that hazardous waste listings are narrative descriptions of
specific wastestreams and that a waste's actual chemical composition is generally
irrelevant to whether a listing applies to it. At first glance, the P and U listings seem
inconsistent with these principles. Each P and U listing consists only of the
chemical name of a compound known to be toxic or otherwise dangerous; no
description is included. EPA adopted this format because the same narrative
description applies to all P and U list wastes. Instead of appearing next to each one
The information in this document is not by any means a complete representation of EPA's regulations or policies, but is
an introduction used for Hotline trainingr>urposes. For complete and current information, please call the
RCRA/UST, Superfund, and EPCRA Hotline.
-------
Hazardous Waste Identification -15
of the hundreds of P and U list waste codes, this description is found in the
regulatory text that introduces the two lists. This generic P and U list waste
description involves two key factors. First, a P or U listing applies only if one of the
listed chemicals is discarded unused. In other words, the P and U lists do not apply
to manufacturing process wastes, as do the F and K lists. The P and U listings apply
to unused chemicals that become wastes. Unused chemicals become wastes for a
number of reasons. For example, some unused chemicals are spilled by accident.
Others are intentionally discarded because they are off-specification and cannot
serve the purpose for which they were originally produced. The second key factor
governing the applicability of the P or U listings is that the listed chemical must be
discarded in the form of a "commercial chemical product." EPA uses the phrase
commercial chemical product to describe a chemical that is in pure form, that is in
commercial grade form, or that is the sole active ingredient in a chemical
formulation. The pure form of a chemical is a formulation consisting of 100% of
that chemical. The commercial grade form of a chemical is a formulation in which
the chemical is almost 100% pure, but contains minor impurities. A chemical is the
sole active ingredient in a formulation if that chemical is the only ingredient
serving the function of the formulation. For instance, a pesticide made for killing
insects may contain a poison such as heptachlor as well as various solvent
ingredients which act as carriers or lend other desirable properties to the poison.
Although all of these chemicals may be capable of killing insects, only the
heptachlor serves the primary purpose of the insecticide product. The other
chemicals involved are present for other reasons, not because they are poisonous.
Therefore, heptachlor is the sole active ingredient in such a formulation.
As you can now see, the P and U listings apply only to a very narrow category of
wastes. For example, an unused pesticide consisting of pure heptachlor is listed
waste P059 when discarded. An unused pesticide consisting of pure toxaphene is
listed waste P123 when discarded. However, an unused pesticide made up of 50%
heptachlor and 50% toxaphene as active ingredients, while being just as deadly as
the first two formulations, is not a listed waste when discarded. That is because
neither compound is discarded in the form of a commercial chemical product. Why
did EPA chose such specific criteria for designating P- or U-listed chemicals as
hazardous? When first developing the definition of hazardous waste, EPA was not
able to identify with confidence all the different factors which can cause a waste
containing a known toxic chemical to be dangerous. It was obvious, however, that
wastes consisting of pure, unadulterated forms of certain chemicals were worthy of
regulation. EPA used the P and U lists to designate as hazardous wastes consisting
of pure or highly-concentrated forms of known toxic chemicals. As you will see in
the following sections of the module, wastes that remain unregulated by listings
may still fall under protective hazardous waste regulation due to the four
characteristics of hazardous waste.
The information intnis document is not by any means a complete representation ot tFA s regulations or policies, out is
an introduction used for Hotline trainingjmrposes. For complete and current information, please call the
RCRA/UST, Superfund, and EPCRA Hotline.
-------
16 - Hazardous Waste Identification
2.4 CHARACTERISTIC HAZARDOUS WASTES
As you have learned, a hazardous waste characteristic is a measurable property
which indicates that a waste poses a sufficient threat to deserve regulation as
hazardous. EPA tried to identify characteristics which, when present in a waste, can
cause death or illness in humans or ecological damage. EPA also decided that the
presence of any characteristic of hazardous waste should be detectable by using a
standardized test method or by applying general knowledge of the waste's
properties. EPA believed that unless generators were provided with widely
available and uncomplicated test methods for determining whether their wastes
exhibited hazardous characteristics, this system of identifying hazardous wastes
would be unfair and impractical. Given these criteria, EPA only finalized four
hazardous waste characteristics. These characteristics are a necessary supplement to
the hazardous waste listings. They provide a screening mechanism that waste
handlers must apply to all wastes from all industries. In this sense, the
characteristics provide a more complete and inclusive means of identifying
hazardous wastes than do the hazardous waste listings. The four characteristics of
hazardous waste are:
• Ignitability
• Corrosivity
• Reactivity
• Toxicity.
The regulations explaining these characteristics and the test methods to be used in
detecting their presence are found in Part 261, Subpart C. Note that although waste
handlers can use the test methods referenced in Subpart C to determine whether a
waste displays characteristics, they are not required to do so. In other words, any
handler of industrial waste may apply knowledge of the waste's properties to
determine if it exhibits a characteristic, instead of sending the waste for expensive
laboratory testing. As with listed wastes, characteristic wastes are assigned waste
codes. Ignitable, corrosive, and reactive wastes carry the waste codes D001, D002, and
D003, respectively. Wastes displaying the characteristic of toxicity can carry any of
the waste codes D004 through D043. The following paragraphs introduce each of the
four hazardous waste characteristics.
IGNITABILITY
Ignitable wastes are wastes which can readily catch fire and sustain combustion.
Many paints, cleaners, and other industrial wastes pose such a fire hazard. Most
ignitable wastes are liquid in physical form. EPA selected a flash point test as the
method for determining whether a liquid waste is combustible enough to deserve
regulation as hazardous. The flash point test determines the lowest temperature at
which a chemical ignites when exposed to flame. Many wastes in solid or non-liquid
physical form (i.e., wood and paper) can also readily catch fire and sustain
The inforTnaRonTrnura^cumentTsno7V)y any means a complete i^resenTatiorroTEP^'sreguIations or policies, but is
an introduction used for Hotline trainingjmrposes. For complete and current information, please call the
RCRA/USX Superfund, and EPCRA Hotline.
-------
Hazardous Waste Identification -17
combustion, but EPA did not intend to regulate most of these non-liquid materials
as ignitable wastes. A non-liquid waste is only hazardous due to ignitability if it can
spontaneously catch fire under normal handling conditions and can burn so
vigorously that it creates a hazard. Certain compressed gases and chemicals called
oxidizers can also be ignitable. Ignitable wastes carry the waste code D001 and are
among the most common hazardous wastes. The regulations describing the
characteristic of ignitability are codified at §261.21.
CORROSrVTTY
Corrosive wastes are acidic or alkaline (basic) wastes which can readily corrode or
dissolve flesh, metal, or other materials. They are also among the most common
hazardous wastestreams. Waste sulfuric acid from automotive batteries is an
example of a corrosive waste. EPA uses two criteria to identify corrosive hazardous
wastes. The first is a pH test. Wastes with a pH greater than or equal to 12.5 or less
than or equal to 2 are corrosive under EPA's rules. A waste may also be corrosive if
it has the ability to corrode steel in a specific EPA-approved test protocol. Corrosive
wastes carry the waste code D002. The regulations describing the corrosivity
characteristic are found at §261.22.
REACTIVITY
A reactive waste is one that readily explodes or undergoes violent reactions.
Common examples are discarded munitions or explosives. In many cases, no
reliable test method exists to evaluate a waste's potential to explode or react
violently under common handling conditions. Therefore, EPA uses narrative
criteria to define most reactive wastes and allows waste handlers to use their best
judgement in determining if a waste is sufficiently reactive to be regulated. This is
possible because reactive hazardous wastes are relatively uncommon and the
dangers they pose are well known to the few waste handlers who deal with them. A
waste is reactive if it meets any of the following criteria:
• It can explode or violently react when exposed to water or under
normal handling conditions
• It can create toxic fumes or gases when exposed to water or under
common handling conditions
• It meets the criteria for classification as an explosive under
Department of Transportation rules.
Wastes exhibiting the characteristic of reactivity are assigned the waste code D003.
The reactivity characteristic is described in the regulations at §261.23.
The information in this document is not by any means a complete representation of EPA s regulations or policies, but is
an introduction used for Hotline trainingjnirposes. For complete and current information, please call the
RCRA/UST, Superfund, and EPCRA Hotline.
-------
18 - Hazardous Waste Identification
TOXK3TY CHARACTERISTIC
The leaching of toxic compounds or elements into groundwater drinking supplies
from wastes disposed in landfills is one of the most common ways the general
population can be exposed to the chemicals found in industrial wastes. EPA
therefore developed a characteristic designed to identify wastes likely to leach
dangerous concentrations of certain known toxic chemicals into groundwater. In
order to predict whether any particular waste is likely to leach chemicals into
groundwater in the absence of special restrictions on its handling, EPA first designed
a lab procedure which replicates the leaching process and other effects that occur
when wastes are buried in a typical municipal landfill. This lab procedure is known
as the Toxicity Characteristic Leaching Procedure (TCLP). Using the TCLP on a waste
sample creates a liquid leachate that is similar to the liquid EPA would expect to find
in the ground near a landfill containing the same waste. Once the leachate is created
in the lab, a waste handler must determine whether it contains any of 39 different
toxic chemicals above specified regulatory levels. If the leachate sample contains a
sufficient concentration of one of the specified chemicals, the waste exhibits the
toxicity characteristic (TC). EPA used groundwater modeling studies and toxicity
data for a number of common toxic compounds and elements to set these threshold
concentration levels. Much of these toxicity data was originally developed under
the Safe Drinking Water Act. Remember that determining whether a waste exhibits
the toxicity characteristic involves two principal steps: (1) creating a leachate sample
using the TCLP and (2) evaluating the concentration of 39 chemicals in that sample
against the regulatory levels listed in below in Table 1. If a waste exhibits the TC, it
carries the waste code associated with the compound or element which exceeded the
regulatory level. The following table presents the toxicity characteristic waste codes,
regulated constituents, and regulatory levels. This table and the regulations
describing the characteristic of toxicity are codified at §261.24.
The information in this document is not by any means a complete representation ot tr A s regulations or policies, out is
an introduction used for Hotline trainingpurposes. For complete and current information, please call the
RCRA/UST, Superfund, and EPCRA Hotline.
-------
Hazardous Waste Identification -19
Table 1
Toxicrrv CHARACTERISTIC CONSTITUENTS AND REGULATORY LEVELS
Waste Code Contaminants Concentration
D004
D005
D018
D006
D019
D020
D021
D022
D007
D023
D024
D025
D026
D016
D027
D028
D029
D030
D012
D031
D032
D033
D034
D008
D013
D009
DOW
D035
D036
D037
D038
D010
D011
D039
D015
D040
D041
D042
D017
D043
Arsenic
Barium
Benzene
Cadmium
Carbon tetrachloride
Chlordane
Chlorobenzene
Chloroform
Chromium
o-Cresol*
m-Cresol*
p-Cresol*
Total Cresols*
2,4-D
1 ,4-Dichlorobenzene
1 ,2-Dichloroethane
1 ,1 -Dichloroethy lene
2,4-Dinitrotoluene
Endrin
Heptachlor (and its epoxide)
Hexachlorobenzene
Hexachlorobutadiene
Hexachloroethane
Lead
Lindane
Mercury
Methoxychlor
Methyl ethyl ketone
Nitrobenzene
Pentachlorophenol
Pyridine
Selenium
Silver
Tetrachloroethylene
Toxaphene
Trichloroethylene
2,4,5-Trichlorophenol
2,4,6-Trichlorophenol
2,4,5-TP (Silvex)
Vinyl chloride
5.0
100.0
0.5
1.0
0.5
0.03
100.0
6.0
5.0
200.0
200.0
200.0
200.0
10.0
7.5
0.5
0.7
0.13
0.02
0.008
0.13
0.5
3.0
5.0
0.4
0.2
10.0
200.0
2.0
100.0
5.0
1.0
5.0
0.7
0.5
0.5
400.0
2.0
1.0
0.2
*If o-, m-, and p- cresols cannot be individually measured, the
regulatory level for total cresols is used.
The information in this document is not by any means a complete representation or hPA s regulations or policies, but is
an introduction used for Hotline trainingpurposes. For complete and current information, please call the
RCRA/UST, Superfund, and EPCRA Hotline.
-------
20 - Hazardous Waste Identification
2.5 THE MIXTURE AND DERIVED-FROM RULES
So far, this module has introduced the fundamentals of the hazardous waste
identification process and an overview of the hazardous waste listings and
characteristics. You should now be able to explain in general terms which solid
wastes are hazardous wastes. The following pages of the module introduce and
analyze a new question: "When do these hazardous wastes cease being hazardous
wastes?" The regulations governing this issue are commonly known as the mixture
and derived-from rules.
BACKGROUND
When EPA first developed the RCRA regulations and the definition of hazardous
waste in the late 1970s, the Agency focused on establishing the listings and
characteristics, criteria allowing industry to identify which wastes deserved
regulation as hazardous wastes. Commenters on EPA's original proposed
regulations brought up other key questions about the hazardous waste identification
process. For example, these commenters asked, "once a waste is identified as
hazardous, what happens if that waste changes in some way? If the hazardous waste
is changed, either by mixing it with other wastes or by treating it to modify its
chemical composition, should it still be regulated as hazardous?" Faced with a short
time frame for answering this difficult question, EPA developed a fairly simple and
strict answer: the mixture and derived-from rules.
THE MIXTURE AND DERIVED-FROM RULES
The mixture and derived-from rules operate differently for listed waste and
characteristic wastes. The mixture rule for listed wastes states that a mixture made
up of any amount of a non-hazardous solid waste and any amount of a listed
hazardous waste is considered a listed hazardous waste. In other words, if a small
vial of listed waste is mixed with a large quantity of non-hazardous waste, the
resulting mixture bears the same waste code and regulatory status as the original
listed component of the mixture. This principle applies regardless of the actual
health threat posed by the waste mixture or the mixture's chemical composition.
The derived-from rule governs the regulatory status of materials that are created by
treating or changing a hazardous waste in some way. For example, ash created by
burning a hazardous waste is considered "derived-from" that hazardous waste. The
derived-from rule for listed wastes states that any material derived from a listed
hazardous waste is also a listed hazardous waste. Thus, ash produced by burning a
listed hazardous waste bears that same waste code and regulatory status as the
original listed waste, regardless of the ash's actual properties. The net effect of the
mixture and derived-from rules for listed wastes can be summarized as follows:
once a waste matches a listing description, it is forever a listed hazardous waste,
regardless of how it is mixed, treated, or otherwise changed. Furthermore, any
material that comes in contact with the listed waste will also be considered listed,
regardless of its chemical composition.
regulations or policies, but is
an introduction used for Hotline training purposes. For complete and current information, please call the
RCRA/UST, Superfund, and EPCRA Hotline.
-------
Hazardous Waste Identification - 21
Although the regulations do provide a few exceptions to the mixture and derived-
from rules, most listed hazardous wastes are subject to the strict principles outlined
above. Why did EPA create such a rigid system? To understand the logic behind the
mixture and derived-from rules, one must consider the circumstances under which
EPA developed them. If EPA relied solely on the narrative listing descriptions to
govern when a waste ceased being hazardous, industry might easily circumvent
RCRA's protective regulation. For example, a waste handler could simply mix
different wastes and claim that they no longer exactly matched the applicable
hazardous waste listing descriptions. These wastes would no longer be regulated by
RCRA, even though the chemicals they contained would continue to pose the same
threats to human health and the environment. EPA was not able to determine
what sort of treatment or concentrations of chemical constituents indicated that a
waste no longer deserved regulation. EPA therefore adopted the simple and
conservative approach of the mixture and derived-from rules, while admitting that
these rules might make some waste mixtures and treatment residues subject to
unnecessary regulation. Adopting the mixture and derived-from rules also
presented certain advantages. For instance, the mixture rule gives waste handlers a
clear incentive to keep their listed hazardous wastes segregated from other non-
hazardous or less dangerous wastestreams.
As mentioned previously, the mixture and derived-from rules apply differently to
listed and characteristic wastes. A mixture involving characteristic wastes is
hazardous only if the mixture itself exhibits a characteristic. Similarly, treatment
residues and materials derived from characteristic wastes are hazardous only if they
themselves exhibit a characteristic. Unlike listed hazardous wastes, characteristic
wastes are hazardous because they possess one of four unique and measurable
properties. EPA decided that once a characteristic waste no longer exhibits one of
these four dangerous properties, it no longer deserves regulation as hazardous.
Thus, a characteristic waste can be made non-hazardous by treating it to remove its
hazardous property. Please note that EPA places certain restrictions on the manner
in which a waste can be treated. You will learn more about these restrictions in the
"Land Disposal Restrictions" module. Handlers who make characteristic wastes
non-hazardous must consider these restrictions when treating wastes to remove
their hazardous properties.
There are a few situations in which EPA does not require strict application of the
mixture and derived-from rules. EPA determined that certain mixtures involving
listed wastes and certain residues from the treatment of listed wastes typically do not
pose enough of a health or environmental threat to deserve regulation as listed
wastes. The seven principal regulatory exclusions from the mixture and derived-
from rules are summarized below.
^lemfoTmatiOTrinTnTsTlocujnOTnsTotb ot EFA's regulations or policies, but is
an introduction used for Hotline training purposes. For complete and current information, please call the
RCRA/UST, Superfund, and EPCRA Hotline.
-------
22 - Hazardous Waste Identification
Mixture and Derived-from Rule Exemptions
The first exemption from the mixture rule applies to mixtures of solid wastes and
wastes listed solely because they exhibit characteristics. As you know, EPA can list a
waste as hazardous if that waste typically exhibits one or more of the four hazardous
waste characteristics. If a hazardous waste listed only for a characteristic is mixed
with a solid waste, the original listing does not carry through to the resulting
mixture if that mixture does not exhibit any hazardous waste characteristics. For
example, EPA listed the F003 spent solvents as hazardous because these wastes
typically display the ignitability characteristic. If F003 waste is treated by mixing it
with another waste, and the resulting mixture does not exhibit a characteristic, the
F003 listing no longer applies. Please remember that EPA places certain restrictions
on how hazardous wastes can be treated or mixed with other wastes. Any
hazardous waste mixing must be consistent with these rules.
A second exemption from the mixture rule applies to certain listed hazardous
wastes that are discharged to wastewater treatment facilities. This exemption is
sometimes referred to as the de minimi's wastewater mixture rule. Many industrial
facilities produce large quantities of non-hazardous wastewaters as their primary
wastestreams. These wastewaters are typically discharged to a water body or local
sewer system after being treated to remove pollutants, as required by the Clean
Water Act. At many of these large facilities, on-site cleaning, chemical spills, or
laboratory operations also create relatively small secondary wastestreams that are
hazardous due to listings or characteristics. For example, a textile plant producing
large quantities of non-hazardous wastewater can generate a secondary wastestream
of listed spent solvents from cleaning equipment. Routing such secondary
hazardous wastestreams to the facility's wastewater treatment system is a practical
way of treating and getting rid of these wastes. This management option triggers the
mixture rule, however, since even a very small amount of a listed wastestream
combined with very large volumes of non-hazardous wastewater causes the entire
mixture to be listed. EPA provided an exemption from the mixture rule for a
number of these situations where relatively small quantities of listed hazardous
wastes are routed to large-volume wastewater treatment systems. To qualify for this
exemption from the mixture rule, the amount of listed waste introduced into a
wastewater treatment system must be very small (or de minimis) relative to the
total amount of wastewater treated in the system.
A third exemption from the mixture rule applies to mixtures involving
characteristic wastes and specific mining wastes. This narrow exemption allows
certain mixtures to qualify as non-hazardous wastes, even if the mixtures exhibit
one or more hazardous waste characteristics. The legality of this exemption has
been the subject of litigation between EPA and various interested parties.
There are four regulatory exemptions from the derived-from rule. The first of these
derived-from rule exemptions applies to materials that are reclaimed from
hazardous wastes and used beneficially. Many listed and characteristic hazardous
an introduction used for Hotline training purposes. For complete and current information, please call the
RCRA/UST, Superhind, and EPCRA Hotline.
-------
Hazardous Waste Identification - 23
wastes can be recycled to make new products or recover usable materials with
economic value. Such products derived-from recycled hazardous wastes are no
longer wastes at all. Since they are not wastes, these derived from materials are not
hazardous wastes. Therefore, whether they are derived-from listed wastes or
whether they exhibit hazardous characteristics is irrelevant. The "Definition of
Solid Waste and Recyclable Materials" module will explain which residues derived
from hazardous wastes actually cease to be wastes and qualify for this exemption.
The last three exemptions from the derived-from rule apply to residues from the
treatment of specific wastes using very specific treatment processes. For example,
K062 describes spent pickle liquor from the iron and steel industry. Pickle liquor is
an acid solution used to finish the surface of steel. When pickle liquor is spent and
becomes a waste, it usually contains acids and toxic heavy metals. This waste can be
treated by mixing it with lime to form a sludge. This treatment, called stabilization,
neutralizes the acids in the pickle liquor and makes the metals less dangerous by
chemically binding them into the sludge. EPA studied this process and determined
that K062 treated in this manner no longer poses enough of a threat to warrant
hazardous waste regulation. Therefore lime-stabilized waste pickle liquor sludge
derived from K062 is not a listed hazardous waste. The other exemptions from the
derived-from rule for listed wastes are also quite specific.
The RCRA regulations do provide another form of relief from the mixture and
derived-from rule principles for listed hazardous wastes. Through a process known
as delisting, a waste handler can petition EPA to prove that a waste meeting a
hazardous waste listing description does not deserve RCRA regulation. Because the
delisting process is difficult, time-consuming, and expensive, it is not considered a
readily available exception to the mixture and derived-from rules. You will learn
more about delisting at a later date.
The hazardous waste listings, the hazardous waste characteristics, and the mixture
and derived-from rules are all essential parts of the definition of hazardous waste.
However, these key elements are all described in different sections of the RCRA
regulations. Only one regulatory section, §261.3, unites all four elements to establish
the formal definition of hazardous waste. This section is entitled "definition of
hazardous waste." Section 261.3 states that all solid wastes exhibiting one of the four
hazardous characteristics defined in Part 261, Subpart C, are hazardous wastes. This
section also states that all solid wastes listed on one of the four hazardous waste lists
in Part 261, Subpart D, are hazardous wastes. Finally, this section explains in detail
the mixture and derived-from rules and the seven regulatory exemptions from
these rules. Thus, although §261.3 is entitled "definition of hazardous waste," it
serves primarily as a guide to the mixture and derived-from rules. Substantive
rules about the two most crucial elements of the hazardous waste definition, the
listings and characteristics, are found elsewhere.
The information in this document is not by any means a complete representation of EPA s regulations or policies, but is
an introduction used for Hotline traininepurposes. For complete and current information, please call the
RCRA/UST Superfund, and EPCRA Hotline.
-------
24 - Hazardous Waste Identification
2.6 THE CONTAINED-IN POLICY
The contained-in policy is a special, more flexible version of the mixture and
derived-from rules that applies to environmental media and debris contaminated
with hazardous waste. The next paragraphs explain what environmental media
and debris are and why EPA developed a more flexible policy for regulating these
materials under RCRA. The following discussion also explores in greater detail
how the contained-in policy applies to media and debris.
Environmental media is the term EPA uses to describe soil, sediments, and
groundwater. Debris is a term EPA uses to describe a broad category of
manufactured and naturally-occurring objects that are commonly discarded.
Examples of debris include:
• Dismantled construction materials such as used bricks, wood beams, and
chunks of concrete
• Decommissioned industrial equipment such as pipes, pumps, and tanks
• Other discarded manufactured objects such as personal protective
equipment (gloves, coveralls, eyewear)
• Large, naturally-occurring objects such as tree trunks and boulders.
Environmental media and debris are contaminated with hazardous waste in a
number of ways. Environmental media are usually contaminated through
accidental spills of hazardous waste or spills of product chemicals which, when
spilled, become hazardous wastes. Debris can also be contaminated through spills.
Most debris in the form of industrial equipment and personal protective gear
becomes contaminated with waste or product chemicals during normal industrial
operations. Contaminated media and debris are primary examples of "remediation
wastes." In other words, they are not wastestreams created during normal industrial
or manufacturing operations. They are typically created during cleanups of
contaminated sites and during the decommissioning of factories. Handlers of
contaminated media and debris usually cannot control or predict the composition of
these materials, which have become contaminated though accidents or past
negligence. "As-generated" wastes is the term often used to describe chemical
wastestreams created during normal industrial or manufacturing operations.
Examples of "as-generated" wastes are concentrated spent chemicals, industrial
wastewaters, and pollution control residues such as sludges. Handlers of "as-
generated" wastes can usually predict or control the creation of these wastes through
the industrial process.
The hazardous waste identification principles you have learned, including the
mixture and derived-from rules, apply to "as-generated" industrial wastes. EPA
or poces, ut s
an introduction used for Hotline trainingpurposes. For complete and current information, please call the
STT Superfund, and EPCRA Hotline.
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Hazardous Waste Identification - 25
decided that a more flexible version of these principles should apply to the primary
remediation wastes, environmental media, and debris. In particular, EPA
determined that strict application of the mixture and derived-from rules was
inappropriate for media and debris, especially when listed wastes were involved.
Applying the mixture and derived-from rules to media and debris would present
certain disadvantages, as the following examples illustrate. First, under the
traditional mixture and derived-from rules, environmental media and debris
contaminated with any amount of listed hazardous waste would be forever
regulated as hazardous. Such a strict regulatory interpretation would require
excavated or dismantled materials to be handled as listed hazardous wastes and
could discourage environmental cleanup efforts. Second, most spills of chemicals
into soil or groundwater produce very large quantities of these media containing
relatively low concentrations of chemicals. Strict application of the mixture and
derived-from principles to media would therefore cause many tons soil to be
regulated as listed hazardous waste despite containing low concentrations of
chemicals and posing little actual health threat. Finally, one of the main benefits of
the mixture and derived-from rules is not relevant to media and debris. The
mixture and derived-from principles encourage handlers of as-generated wastes to
keep their listed wastes segregated from other, less hazardous wastestreams to avoid
creating more listed wastes. Handlers of contaminated media and debris generally
have no control over the process by which these materials come into contact with
hazardous waste.
For all of the above reasons, EPA chose to apply a special, more flexible, version of
the mixture and derived-from rules to environmental media and debris.
Contaminated soil, groundwater, and debris can still present health threats if they
are not properly handled and disposed. Therefore, EPA requires that any media and
debris contaminated with a listed waste or exhibiting a hazardous characteristic be
regulated like any other hazardous waste. However, media and debris
contaminated with listed hazardous wastes can lose their listed status and become
non-hazardous. This occurs only after a demonstration that the particular medium
or debris in question no longer poses a sufficient health threat to deserve RCRA
regulation. The requirements for making this demonstration are explained below.
Once the demonstration is made, the medium or debris in question is no longer
considered to "contain" a listed hazardous waste and is no longer regulated. This
concept that media and debris can contain or cease to contain a listed hazardous
waste accounts for the name of the policy. Of course, if media or debris exhibit a
characteristic, they can become non-hazardous once the characteristic is removed, as
is the case with any other waste.
The contained-in policy for environmental media is not actually codified in the
RCRA regulations. In legal terms, it is merely a special interpretation of the
applicability of the mixture and derived-from rules to soil and groundwater that has
been upheld in federal court. These principles for the management of contaminated
media are therefore known as a "policy" instead of a rule. The terms of the
representationoEPA's regulations or policies, but is
an introduction used for Hotline training purposes. For complete and current information, please call the
RCRA/USi; Superfund, and EPCRA Hotline.
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26 - Hazardous Waste Identification
contained-in policy are relatively general. In order for environmental media
contaminated with a listed waste to no longer be considered hazardous, the handler
of that media must demonstrate to EPA's satisfaction that it no longer poses a
sufficient health threat to deserve RCRA regulation. Although handlers of listed
media must obtain EPA's concurrence before disposing of such media as non-
hazardous, the current contained-in policy provides no guidelines on how this
demonstration to EPA should be made. You should note that the contained-in
policy is a far easier option for eliminating unwarranted hazardous waste regulation
for low-risk listed wastes than the process of delisting a hazardous waste mentioned
previously. The delisting process demands extensive sampling and analysis,
submission of a formal petition, and a complete rulemaking by EPA. A
determination that environmental media no longer contain a listed hazardous
waste can be granted on a site-specific basis by EPA officials without any regulatory
procedure.
Debris contaminated with hazardous waste has traditionally been governed by the
same non-regulatory contained-in policy explained above. In 1992, EPA codified
certain aspects of the contained-in policy for debris in the definition of hazardous
waste regulations at §261.3. In particular, EPA included a regulatory passage which
explains the process by which handlers of debris contaminated with listed hazardous
waste can demonstrate that the debris is non-hazardous. This passage also
references certain treatment technologies that one may use to decontaminate listed
debris so that it no longer contains a listed waste. Thus, the term "contained-in
policy" is now something of a misnomer for contaminated debris, since a
"contained-in rule" for debris now exists.
2.7 REGULATORY DEVELOPMENTS
During the summer and fall of 1995, EPA expects to publish two proposed
rulemakings that will drastically change the hazardous waste identification
regulations. These two proposals are part of EPA's Hazardous Waste Identification
Rule or HWIR, which is likely to completely replace the mixture rule, the derived-
from rule, and the contained-in policy for contaminated environmental media. As
you now understand, the current mixture and derived-from rules present certain
disadvantages. They are fairly inflexible rules, especially where listed wastes are
concerned. Furthermore, although they govern whether and when a hazardous
waste is no longer subject to RCRA regulation, they do not consider the actual
health risks associated with a waste. The current contained-in policy for
environmental media also presents certain problems. Neither the regulations nor
EPA guidance documents clarify exactly when contaminated soil and groundwater
cease to be regulated as listed hazardous waste. Through the two HWIR
rulemakings, EPA plans to resolve a number of these problems. The first HWIR
rule will revise the mixture and derived-from regulations for as-generated wastes.
Under the new HWIR for as-generated wastes, chemical-specific risk-related factors
will affect whether or not a waste remains subject to RCRA regulations. The second
no or poces, ut s
an introduction used for Hotline training purposes. For complete and current information, please call the
RCRA/UST, Superfund, and EPCRA Hotline.
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Hazardous Waste Identification - 27
HWIR rule will establish regulations for the management of contaminated
environmental media. The HWIR media rule will probably also include chemical-
specific, risk-related factors.
The information in this document is not by any means a complete representation of EPA s regulations or policies, but is
an introduction used for Hotline training purposes. For complete and current information, please call the
RCRA/UST, Superfund, and EPCRA Hotline.
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