United States Solid Waste and
Environmental Protection Emergency Response
Agency	(5305W)	
EPA530-R-97-056
PB98-108 111
November 1997
A EPA
RCRA, Superfund & EPCRA
Hotline Training Module
Introduction to:
Hazardous Waste
Identification
(40 CFR Part 261)
Updated July 1997

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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, Super-fund & EPCRA Hotline Phone Numbers:
National toll-free (outside of DC area)
Local number (within DC area)
National toll-free for the hearing impaired (TDD)
(800) 424-9346
(703) 412-9810
(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			 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			;				 15
2.5	The Mixture and Derived-from Rules 				19
2.6	The Contained-in Policy	23
2.7	The Hazardous Waste Identification Rules 			25

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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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1
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2 - Hazardous Waste Identification
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
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. A waste is essentially a thing
that someone throws away, an item with no value. 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 Recyclable Materials, 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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4 - Hazardous Waste Identification
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 AS, OR DOES IT EXHIBIT A CHARACTERISTIC OF, A
HAZARDOUS WASTE?
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 distinctions necessary for industrial waste handlers to determine whether their
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 '
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 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, 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 example, listing a waste as hazardous demands
extensive study of that waste by EPA. EPA lacks the resources to investigate 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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6 - Hazardous Waste Identification
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 variations is
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 measurable 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 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
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
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 a 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 which 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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8 - Hazardous Waste Identification
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 wastes category. To decide if a waste
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 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
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
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
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
(T)
Acute Hazardous Waste
(H)
Ignitable Waste
(I)
Corrosive Waste
(C)
Reactive Waste
(R)
Toxicity Characteristic Waste
(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 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).
The information in this document is not by any means a compl ete 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
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, so 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 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
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
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 allegedly 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 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
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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12 - Hazardous Waste Identification
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. K001 also 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.
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 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
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
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 17
different industrial or manufacturing categories on the K list? Second, does the
waste match one of the specific K list waste descriptions? The 17 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).
Remember that not all wastes from these 17 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 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 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 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 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
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
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 P123 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 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.
2.4 CHARACTERISTIC HAZARDOUS WASTES
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 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
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.
IGN1TABILITY
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 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 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
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
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 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 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
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 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
Arsenic
5.0
D005
Barium
100.0
D018
Benzene
0.5
D006
Cadmium
1.0
D019
Carbon tetrachloride
0.5
D020
Chlordane
0.03
D021
Chlorobenzene
100.0
D022
Chloroform
6.0
D007
Chromium
5.0
D023
o-Cresol*
200.0
D024
m-Cresol*
200.0
D025
p-Cresol*
200.0
D026
Total Cresols*
200.0
D016
2,4-D
10.0
D027
1,4-Dichlorobenzene
7.5
D028
1,2-Dichloroethane
0.5
D029
1,1-Dichloroethylene
0.7
D030
2,4-Dinitrotoluene
0.13
D012
Endrin
0.02
D031
Heptachlor (and its epoxide)
0.008
D032
Hexachlorobenzene
0.13
D033
Hexachlorobutad iene
0.5
D034
Hexachloroethane
3.0
D008
Lead
5.0
D013
Lindane
0.4
D009
Mercury
0.2
D014
Methoxychlor
10.0
D035
Methyl ethyl ketone
200.0
D036
Nitrobenzene
2.0
D037
Pentachlorophenol
100.0
D038
Pyridine
5.0
D010
Selenium
1.0
D011
Silver
5.0
D039
T etrachloroethylene
0.7
D015
Toxaphene
0.5
D040
T richloroethylene
0.5
D041
2,4,5-T richlorophenol
400.0
D042
2,4,6-T richlorophenol
2.0
D017
2,4/5-TP (Silvex)
1.0
D043
Vinyl chloride
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 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.
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
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.
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
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
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 dŁ 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.
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
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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< 1
22 - Hazardous Waste Identification
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 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
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
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 CONT AINED-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 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
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
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 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 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
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. 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 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.
2.7 THE HAZARDOUS WASTE IDENTIFICATION RULES
EPA recently proposed two rules, known as the Hazardous Waste Identification
Rules (HWIR), which could significantly impact the RCRA hazardous waste
identification regulations. One HWIR proposal addresses as-generated waste
(HWIR-waste), and the other addresses contaminated media (HWIR-media). Both
proposals 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.
The HWIR-waste rule 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
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
X
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 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).
The application of existing Subtitle C requirements to contaminated media and
other remediation wastes often impedes cleanups because the Subtitle C
requirements impose unnecessary costs and limit cleanup options. HWIR-media
will address these problems by codifying the contained-in policy for environmental
media and establishing criteria known as the "Bright Line" exit levels (which are
different than the exit levels established in HWIR-waste). As proposed by HWIR-
Media, contaminated media which meet the exit criteria of the Bright Line and
which are generated by remediation activities being overseen by the EPA or a state
agency will no longer be considered to contain hazardous waste, and will not be
subject to further Subtitle C regulation. Note that the media must be generated as
part of a cleanup overseen by the EPA or a state to be eligible for this exclusion (you
will leam more later about how EPA oversees various remediation activities). Even
after the medium is no longer considered to contain hazardous waste and is
excluded from Subtitle C regulation, it may still be subject to site-specific regulation
by the overseeing agency.
These rules would only establish exit levels — they would not affect how a waste
enters the Subtitle C system. In order to enter the system the waste still must have
been listed or characteristic initially (i.e., merely having constituents above the exit
levels or Bright Line 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. HWIR-Media is expected to go final in June 1998.
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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50272-101
REPORT DOCUMENTATION
PAGE
* 1. REPORT NO.
" EPA530-R-97-056
4. Title and Subtitle
RCRA, SUPERFUND, AND EPCRA HOTLINE TRAINING NODULE:
HAZARDOUS WASTE IDENTIFICATION (40 CFR PART 261)
INTRODUCTION TO
• 5. Report Date
° NOVEMBER 1997
• 6.
7. Author(s)
8. Performing Organization Rept. No
9. Performing Organization Nane and Address
U.S. EPA
OFFICE OF SOLID WASTE
401 N STREET, SW
WASHINGTON. DC 20460	
° 10. Project/Task/Work Unit No.
6
°	11. Contract(C) or Grant(G) No.
•	(C) 68-W0-0039
•	CG)
12. Sponsoring Organization Name and Address
BOOZ-ALLEN & HAMILTON
4330 EAST WEST HIGHWAY
BETMES0A, MARYLAND 20814
0 13. Type of Report & Period Covered
° TRAINING - UPDATED 7/97
e
• 14.
15. Sipplementary Notes
16. Abstract (Liait: 200 words)
ONE OF A SERIES OF MODULES DEVELOPED AS A TRAINING TOOL FOR HOTLINE SPECIALISTS. INTRODUCES A SPECIFIC HAZARDOUS WASTE
IDENTIFICATION PROCESS, WHICH INVOLVES ASKING AND ANALYZING A SERIES OF QUESTIONS ABOUT ANY WASTE BEING EVALUATED.
ANALYZES IN DETAIL THE RESOURCE CONSERVATION AND RECOVERY ACT (RCRA) DEFINITION OF "HAZARDOUS WASTE." OTHER MODULES
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. EXPLAINS THE FOLLOWING CONCEPTS THAT ARE ESSEN-
TIAL TO IDENTIFYING A RCRA HAZARDOUS WASTE: HAZARDOUS WASTE LISTINGS, HAZARDOUS WASTE CHARACTERISTICS, THE "MIXTURE"
AND "DERIVED-FROM" RULES, THE "CONTAINED-IN" POLICY, AND THE HAZARDOUS WASTE IDENTIFICATION RULES (HWIR). THE INFORMA-
TION IN THIS DOCUMENT IS NOT A COMPLETE REPRESENTATION OF EPA'S REGULATIONS OR POLICIES, BUT IS AN INTRODUCTION USED FOR
HOTLINE TRAINING PURPOSES.
17. Document Analysis a. Descriptors
b. Identifiers/Open-Ended Terns
c. COSATI Field/GroifJ
•	19. Security Class (This Report)" 21. No. of Pages
*	UNCLASSIFIED	 26	
° 20. Security Class (This Page) ° 22. Price
° UNCLASSIFIED	" 0.00	
OPTIONAL FORM 272 (4-77)
(Formerly NTIS-35)
18. Availability Statement
RELEASE UNLIMITED
(See ANSI-Z39.18)

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