EPA530-R-02-005j
RCRA, SUPERFUND & EPCRA CALL CENTER MONTHLY REPORT
October 2002
1. Applicability of Hazardous Waste Identification Rule (HWIR) to As-
Generated Wastes
A facility generates spent carbon from the treatment of wastewater containing
explosives (K045). K045 waste is listed solely for the characteristic of reactivity in 40
CFR Section 261.32; however, this particular waste does not exhibit any characteristic of
hazardous waste at the point of generation. Is the as-generated waste still considered a
RCRA hazardous waste since it meets the listing description ofK045? If so, would this
waste be subject to the land disposal restrictions (LDR) requirements in Part 268?
The as-generated waste would not be considered a hazardous waste even though it
meets the listing description for K045. A waste listed solely for the characteristic of
ignitability, reactivity, and/or corrosivity is excluded from regulation as a hazardous
waste once it no longer exhibits a characteristic of hazardous waste (Section 261.3(g)(1)).
The same rationale applies when a waste meets such a listing description, but does not
exhibit a characteristic of hazardous waste at the point of generation. In the Hazardous
Waste Identification Rule, EPA stated that extending this exclusion to as-generated
wastes that do not exhibit a characteristic of hazardous waste remains protective of
human health and the environment (66 FR 27266, 27283; May 16, 2001).
Additionally, the as-generated waste would not be subject to the LDR requirements in
Part 268 (51 FR 40572, 40620; November 7, 1986). EPA has clarified that when a waste
has been listed solely because it exhibits a characteristic of ignitability, corrosivity and/or
reactivity and that waste does not exhibit any hazardous waste characteristic at the point
of generation, then that waste is not subject to the LDR requirements (66 FR 27266,
27269; May 16, 2001). If, however, the waste exhibits a characteristic at the point of
generation and subsequently becomes decharacterized, then it would be subject to the
LDR requirements (Section 261.3(g)(3)).
FB 14638

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