United States
Environmental
Protection Agency
Solid Waste and
Emergency Response
(5305W)
EPA530-R-99-051
PB2000-101 891
February 2000
RCRAf Superfund & EPCRA
Hotline Training Module
Introduction to:
Hazardous Waste Identification
(40 CFR Part 261)
Updated October 1999
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DISCLAIMER
This document was developed by Booz-Aflen & 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 ofEPA'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 pro gram areas change.
The information in this docume nt may not necessarily reflect the current position of the Agency. This document is
not intended and cannot be reliedupon tocreateany rights .substantive orprocedural, enforceable by anypartyin
litigation with the United States.
RCRA, Superfund & EPCRA Hotline Phone Numbers
National toll-free (outside of DC area) (800) 424-9346
Loca I num ber (withi n DC a rea) (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 Time,
Monday through Friday, except for federal holidays.
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HAZARDOUS WASTE IDENTIFICATION
CONTENTS
1. Introduction 1
2. Regulatory Overview 2
2.1 Hazardous Waste Identification Process 2
2.2 Definition of Hazardous Waste 3
2.3 Listed Hazardous Waste 6
2.4 Characteristic Hazardous Waste 14
2.5 The Mixture and Derived-from Rules 19
2.6 The Contained-in Policy 23
3. Regulatory Developments 26
3.1 The Hazardous Waste Identification Rules 26
3.2 Hazardous Waste Listing Proposals 27
3.3 Organobromine Vacatur 28
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Hazardous Waste Identification -1
1. INTRODUCTION
"Is my waste a hazardous waste regulated under the Resource Conservation and
Recovery Act (RCRA)?" This is one of the most common and basic questions the
Hotline receives and is the key to the RCRA hazardous waste program. If something is
not a hazardous waste, it is not regulated under RCRA. Proper identification of a
hazardous waste can be a difficult^ and confusing task, as the RCRA regulations
establish a complex definition of the term "hazardous waste." To help make sense of
what is and is not a hazardous waste, this module presents the steps involved in the
process of identifying, or "characterizing," a hazardous waste.
While introducing the entire hazardous waste identification process, this module will
focus on the final steps, the definition of a hazardous waste. The other steps in the
process, including the definition of solid waste and the solid and hazardous waste
exclusions will be discussed in other modules.
After reading this module, you will be able to explain the hazardous waste
identification process and the definition of hazardous waste, and be familiar with the
following concepts:
• Hazardous waste listings
• Hazardous waste characteristics
• The "mixture" and "derived-from" rules
• The "contained-in" policy
• The Hazardous Waste Identification Rules (HWIR).
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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2 - Hazardous Waste Identification
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 with a chemical composition or other
properties that make it capable of causing illness, death, or some other harm to humans
and other life forms when mismanaged or released into the environment. Developing a
regulatory program that ensures the safe handling of such dangerous wastes, however,
demands a far more precise definition of the term. EPA therefore created hazardous
waste identification regulations that outline a process to determine whether any
particular material is a hazardous waste for the purposes of RCRA.
2.1 HAZARDOUS WASTE IDENTIFICATION PROCESS
Proper hazardous waste identification is essential to the success of the hazardous waste
management program. The RCRA regulations at 40 CFR §262.11 require that any
person who produces or generates a waste must determine if that waste is hazardous.
In doing so, §262.11 presents the steps in the hazardous waste identification process:
• Is the waste a "solid waste"?
• Is the waste specifically excluded from the RCRA regulations?
• Is the waste a "listed" hazardous waste?
• Does the waste exhibit a characteristic of hazardous waste?
When faced with the question of whether or not a waste is regulated as hazardous
under RCRA, turn to §262.11. This regulation will remind you of the four steps in the
RCRA hazardous waste identification process.
IS THE WASTE A SOLID WASTE?
Hazardous waste identification begins with an obvious point: in order for any material to
be a hazardous waste, it must first be a waste. But, deciding whether an item is or is not a
waste is not always easy. For example, a material (like an aluminum can) that one person
discards could seem valuable to another person who recycles that material. EPA
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 it is a solid, semisolid, or liquid. The
first section of the RCRA hazardous waste identification regulations focuses on the
definition of solid waste. For this module, 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 Hazardous Waste Recycling,
explains the definition of solid waste in greater detail.
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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Hazardous Waste Identification - 3
IS THE WASTE EXCLUDED?
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
nonhazardous 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 can contain dangerous chemicals, like solvents and pesticides, but making
households subject to the strict RCRA waste management regulations would create a
number of practical problems. Congress and EPA exempted or excluded certain wastes,
like household wastes, from the hazardous waste definition and regulations.
Determining whether or not a waste is excluded or exempted from hazardous waste
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 the analysis 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 hazardous waste regulation.
IS THE WASTE A LISTED HAZARDOUS WASTE, OR DOES IT EXHIBIT A
CHARACTERISTIC?
The final steps in the hazardous waste identification process determine whether a waste
actually poses a sufficient chemical or physical hazard to merit regulation. These steps
in the hazardous waste identification process involve 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.
2.2 DEFINITION OF HAZARDOUS WASTE
A discussion of the definition of hazardous waste should begin with Congress' 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 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, but it obviously does not provide the clear
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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4 - Hazardous Waste Identification
distinctions necessary for industrial waste handlers to determine whether their wastes
pose a sufficient threat to warrant regulation or not. Congress instructed EPA to
develop more specific criteria for defining hazardous waste. There are therefore 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 the regulatory
definition of hazardous waste. 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 specific 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.
HAZARDOUS WASTE LISTINGS
A hazardous waste listing is a narrative description of a specific type of waste that EPA
considers dangerous enough to warrant regulation. Hazardous waste listings describe
wastes from various industrial processes, wastes from specific sectors of industry, or
wastes in the form of 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, EPA
includes a precise description of that waste on one of the hazardous waste lists in the
regulations. Thereafter, any waste fitting 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: "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 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
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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Hazardous Waste Identification - 5
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 — 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 the waste
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 the
potential variations in waste composition. Thus, the hazardous waste listings can
unnecessarily regulate some wastes that do not pose a significant health threat. It is
also possible for industries to substantially change their processes so that wastes would
no longer meet a listing description in spite of the presence of hazardous constituents.
The hazardous waste characteristics provide an important complement to listings by
addressing most of the shortcomings of the listing methodology of hazardous waste
identification.
HAZARDOUS WASTE CHARACTERISTICS
A hazardous waste characteristic is a property which, when present in a waste,
indicates that the waste poses a sufficient threat to merit 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, regardless of whether the
waste is listed. When defining hazardous waste characteristics, EPA identifies, where
practicable, 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.
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
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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6 - Hazardous Waste Identification
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, mutagenicity (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 protocols were available for use in
determining if a waste possessed any 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 hazardous wastes.
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 that are found in the
regulations at Part 261, Subpart D. These four lists are:
• 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 wastes from nonspecific 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 industries. K list wastes are known as wastes from
specific sources. The K list is found at §261.32.
• 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 on the F
list are assigned the waste codes F001, F002, and so on. These 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.
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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Hazardous Waste Identification - 7
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 should be listed. These listing criteria
provide a consistent frame of reference when EPA considers listing a wastestream.
Remember that EPA only uses these criteria when evaluating whether to list a waste:
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 criteria 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
(ignitability, corrosivity, reactivity, toxicity).
• 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 waste category. To decide if a waste should be a toxic
listed waste, EPA first determines whether it typically contains harmful chemical
constituents. Appendix VIE 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 11 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 cases of damage 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
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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8 - Hazardous Waste Identification
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 evidence of harm, 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 affect the regulations that apply to handling
the waste. For instance, acute hazardous wastes accompanied by the hazard code (H)
are subject to stricter management standards than most other wastes.
THE F LIST: WASTES FROM NONSPECIFIC SOURCES
The F list designates as hazardous particular wastestreams from certain common
industrial or manufacturing processes. F list wastes usually consist of chemicals that
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 that
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)
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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Hazardous Waste Identification - 9
• Petroleum refinery wastewater treatment sludges (F037 and F038)
• Multisource leachate (F039).
Spent Solvent Wastes
Waste codes F001 - F005 apply to wastestreams from the use of certain common organic
solvents. Solvents are chemicals with many uses, 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, a number of key factors must be
evaluated in order to determine whether the F001 - F005 waste codes apply to a
particular waste solvent. 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
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 a good illustration of a principle common
to all listed hazardous wastes. 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 often 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 qualify as solvent use. As you can see, knowledge of the
process that created a waste is the key in evaluating whether a waste can be a
hazardous spent solvent or other listed hazardous waste.
Wastes from Electroplating and Other Metal-Finishing Operations
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 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
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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10 - Hazardous Waste Identification
electricity to deposit a layer of a 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 (without use of electricity) 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. 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 of
aluminum.
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 considered to be 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. 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.
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 nonspecific 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
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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Hazardous Waste Identification - 11
products prepared to withstand the rigors of outdoor use. 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 residues 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. The
K List also includes a waste code, K001, that applies to some wood preserving wastes.
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 K List also includes waste codes for certain petroleum wastestreams
generated by the petroleum refining industry. These waste codes are K048 through
K052 and K169 through K172.
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)
can then carry 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, and is often collected to minimize the potential that it
may enter the subsurface environment and contaminate soil or groundwater. This
leachate that percolates through hazardous waste landfills and other buried hazardous
waste is designated as F039.
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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THE K LIST: WASTES FROM SPECIFIC SOURCES
The K list of hazardous wastes designates particular wastes from specific sectors of
industry and manufacturing as hazardous. 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. To
determine whether a waste qualifies as K-listed, two primary questions must be
answered. First, is the facility that created the waste within one of the industrial or
manufacturing categories on the K list? Second, does the waste match one of the
specific K list waste descriptions? The 13 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 aluminum production
• Secondary lead processing
• Veterinary pharmaceuticals manufacturing
• Ink formulation
• Coking (processing of coal to produce coke, a material used in iron and
steel production).
Remember that not all wastes from these 13 industries are hazardous, only those
specifically described in the detailed K list descriptions.
Previously, the K list included waste codes for 17 different industries. However, EPA
revoked the K waste codes applicable to the wastestreams in the primary copper,
primary lead, primary zinc, and ferroalloys industries (K064, K065, K066, K090, and
K091) (63 FR 28556,28579; May 26,1998). Currently, there are no K waste codes
applicable to these four industries.
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
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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Hazardous Waste Identification -13
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 of the hundreds of P and U
list waste codes, this description is found in the regulatory text that introduces the two
lists.
The 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 mat 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 information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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14 - Hazardous Waste Identification
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 percent of
that chemical. The commercial grade form of a chemical is a formulation in which the
chemical is almost 100 percent 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 even though it may be present in low concentrations.
As you can 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 PI23 when
discarded. An unused pesticide made up of 50 percent heptachlor and 50 percent
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
that 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.
2.4 CHARACTERISTIC HAZARDOUS WASTES
A hazardous waste characteristic is a property that 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
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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Hazardous Waste Identification - 15
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.
IGNITABILITY
Ignitable wastes are wastes that 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 nonliquid physical form (e.g.,
wood, paper) can also readily catch fire and sustain combustion, but EPA did not intend
to regulate most of these nonliquid materials as ignitable wastes. A nonliquid 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.
CORROSIVITY
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
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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16 - Hazardous Waste Identification
first is a pH test. Aqueous 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, there is no reliable test
method 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 judgment 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.
TOXICITY CHARACTERISTIC
The leaching of toxic compounds or elements into groundwater drinking supplies from
wastes disposed of in landfills is one of the most common ways the general population can
be exposed to the chemicals found in industrial wastes. EPA 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 that 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
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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Hazardous Waste Identification -17
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 the toxicity
data were originally developed under the Safe Drinking Water Act. To recap, 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 below in Table 1. If a waste exhibits the TC,
it carries the waste code associated with the compound or element that 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 of EPA's regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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18 - Hazardous Waste Identification
Table 1
TOXICITY 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
D014
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-Dichloroethylene
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 of EPA's regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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Hazardous Waste Identification -19
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. Now we 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 and presented it in the mixture and
derived-from rules.
LISTED HAZARDOUS WASTES
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 nonhazardous 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 nonhazardous 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 information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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20 - Hazardous Waste Identification
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.
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, 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 nonhazardous or less dangerous wastestreams. The
greater the volume of hazardous waste, the more expense it is to store, treat and
dispose.
CHARACTERISTIC WASTES
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
nonhazardous by treating it to remove its hazardous property; however, EPA places
certain restrictions on the manner in which a waste can be treated. You will learn more
about these restrictions in the module entitled Land Disposal Restrictions. Handlers
who make characteristic wastes nonhazardous must consider these restrictions when
treating wastes to remove their hazardous properties.
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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Hazardous Waste Identification - 21
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.
MIXTURE RULE EXEMPTION
There are three exemptions from the mixture rule. 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. (Be aware, however, that for
the land disposal restrictions, the Agency places certain controls 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 minimis wastewater mixture rule. Many industrial facilities
produce large quantities of nonhazardous 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 nonhazardous
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
nonhazardous 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, and the
wastewater system must be regulated under the Clean Water Act.
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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22 - Hazardous Waste Identification
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 nonhazardous 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.
DERIVED-FROM RULE EXEMPTION
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 wastes can be
recycled to make new products or be processed to recover usable materials with
economic value. Such products derived from recycled hazardous wastes are no longer
solid wastes. Using the hazardous waste identification process discussed at the
beginning of this module, if the materials are not solid wastes, then whether they are
derived from listed wastes or whether they exhibit hazardous characteristics is
irrelevant. The module entitled Definition of Solid Waste and Hazardous Waste
Recycling will explain which residues derived from hazardous wastes actually cease to
be wastes and qualify for this exemption.
The other 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 within 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.
DELISTING
The RCRA regulations provide another form of relief from the mixture and derived-
from rule principles for listed hazardous wastes. Through a site-specific process known
as "delisting," a waste handler can submit to EPA a petition demonstrating that while a
particular wastestream generated at their facility may meet a hazardous waste listing
description, it does not pose sufficient hazard to deserve RCRA regulation. If EPA
grants such a petition, the particular wastestream at that facility will not be regulated as
a listed hazardous waste. Because the delisting process is difficult, time-consuming,
and expensive, it is not considered a readily available exception to the mixture and
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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Hazardous Waste Identification - 23
derived-from rules. Details on the delisting process are found in the Petitions,
Delistings, and Variances module.
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, but 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.
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. Environmental media (singular, "medium") is the term EPA uses to
describe soil, sediments, and groundwater. Debris is a term EPA uses to describe a
broad category of larger 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 dismantled
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
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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24 - Hazardous Waste Identification
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. In contrast, handlers of "as-
generated wastes," the term often used to describe chemical wastestreams created
during normal industrial or manufacturing operations, can usually predict or control
the creation of these wastes through the industrial process. Examples of as-generated
wastes include concentrated spent chemicals, industrial wastewaters, and pollution
control residues such as sludges.
The hazardous waste identification principles you have learned, including the mixture
and derived-from rules, apply to as-generated industrial wastes. EPA 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/or disposed. Therefore, EPA requires that any medium and debris
contaminated with a listed waste or exhibiting a hazardous characteristic be regulated
like any other hazardous waste. Media and debris contaminated with listed hazardous
wastes can, however, lose their listed status and become nonhazardous. This occurs
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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Hazardous Waste Identification - 25
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.
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 contained-in policy are relatively
general. In order for environmental medium 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 nonhazardous, the current contained-in policy provides no guidelines on
how this demonstration to EPA should be made. 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 an environmental
medium no longer contains 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 nonregulatory 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(f). In particular, EPA included a regulatory passage that explains
the process by which handlers of debris contaminated with listed hazardous waste can
demonstrate that the debris is nonhazardous. This passage also references certain
treatment technologies for decontaminating 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.
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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26 - Hazardous Waste Identification
3. REGULATORY DEVELOPMENTS
The hazardous waste identification process is subject to critical review, and adjusted
accordingly to reflect technology changes and new information. The hazardous waste
listings are particularly dynamic as the Agency conducts further research to incorporate
new listings. The following is a brief discussion of several developments to hazardous
waste identification.
3.1 THE HAZARDOUS WASTE IDENTIFICATION RULES
EPA proposed to significantly impact the RCRA hazardous waste identification process
through a rulemaking effort called the Hazardous Waste Identification Rules (HWIR).
One HWIR proposal addressed as-gerterated waste (HWIR-waste), and the other
addressed contaminated media (HWIR-media). EPA has continued to develop the
HWIR-waste proposal, but the Agency finalized HWIR-media on November 30,1998
(63 FR 65874). Both proposals attempted to add flexibility to the hazardous waste
identification system by providing a regulatory mechanism for certain hazardous
wastes with low concentrations of hazardous constituents to exit the Subtitle C
regulated universe.
However, the final HWIR-media rule did not incorporate the provisions that would
have removed low risk remediation waste from Subtitle C regulations. EPA
determined that the fundamental disagreements between stakeholders prevented the
finalization of the entire proposal. Therefore, the final HWIR-media rule addressed
four main issues. First, the Agency promulgated a streamlined permitting process for
remediation sites that will simplify and expedite the process of obtaining a permit.
Second, EPA created a new unit, called a "staging pile," that allows more flexibility
when storing remediation wastes during cleanups. Third, the Agency promulgated an
exclusion for dredged materials permitted under the Clean Water Act, or the Marine
Protection, Research, and Sanctuaries Act. Fourth, the rule finalized provisions that
enable states to more easily receive authorization when their RCRA programs are
updated in order to incorporate revisions to the federal RCRA regulations.
The HWIR-waste rule, on the other hand, addresses the inflexibility of the hazardous
waste listings and the mixture and derived-from rules for as-generated wastes.
Remember that currently, with only a few exceptions, a listed waste remains a listed
waste, even if it contains very low levels of hazardous constituents, is mixed with large
volumes of solid wastes, or is treated to remove hazardous constituents. Such wastes
are thus subject to extensive RCRA regulation, even though they may pose very little
threat to human health and the environment. HWIR-waste will propose "exit levels" for
each of the hazardous constituents in listed wastes. These levels will be generated by
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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Hazardous Waste Identification - 27
accounting for each constituent's toxicity and ability to migrate in the environment If
the concentrations of hazardous constituents in a waste are below the exit levels, then
the waste will no longer carry a listing, and will no longer be hazardous (provided it
exhibits no characteristics). This rule would only establish exit levels - it would not
affect how a waste enters the Subtitle C system. In order to enter the system the waste
must have been listed or characteristic initially (i.e., merely having constituents above
the exit levels will not cause a waste to be a hazardous waste).
To address various concerns, EPA will repropose the HWIR-waste rule by October 31,
1999, and finalize the rule by April 30,2001.
3.2 HAZARDOUS WASTE LISTING PROPOSALS
EPA first signed a proposed consent decree with the Environmental Defense Fund
(EDF) on June 18,1991, following a suit concerning EPA's obligations to take certain
actions pursuant to RCRA. A consent decree is a legally binding agreement, approved
by the Court, which details the agreements of the parties in settling a suit. The
proposed consent decree, commonly known as the "mega-deadline," settles some of the
outstanding issues from the case by creating a schedule for EPA to take action on its
RCRA obligations. The consent decree, which has been periodically updated, requires
EPA to evaluate specified wastestreams and determine whether or not to add them to
the hazardous waste listings.
Pursuant to this consent decree, EPA recently proposed to add two dyes and pigments
wastestreams generated by the organic chemicals industry to the K List (64 FR 40192;
July 23,1999). The proposed listings differ from other listed wastes because they are
concentration based. The existing listing descriptions allow generators to rely on their
knowledge of the waste's origin to determine if the waste is listed. The proposed dyes
and pigments wastes listings, however, would require generators to compare the waste
constituent levels to specified regulatory levels to determine if the dye and pigment
waste codes apply. If the waste constituent levels are below the regulatory levels,
generators would need to certify this demonstration to EPA. The Agency expects to
finalize this rule by May 2000.
In addition, the Agency recently proposed to list another wastestream specified by the
consent decree, chlorinated aliphatic wastes (64 FR 46476; August 25,1999). EPA
proposed to designate three wastes under the chlorinated aliphatic listings. The
proposal differs from traditional listings in that the Agency specified a contingent-
management listing for one of the three wastes.
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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28 - Hazardous Waste Identification
3.3 ORGANOBROMINE VACATUR
The United States Court of Appeal for the District of Columbia vacated the
ogranobromine listings, K140 and U408, on April 9,1999. Therefore, the listings are not
effective and EPA cannot take any enforcement actions regarding them. EPA intends to
issue a notice of the vacatur in the Federal Register in the future.
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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