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Identifying Hazardous Waste
Characteristic Hazardous Waste Identification Guidance Memos from the EPA from 1980 to the present (2005)
07/21/2004SPENT SULFURIC ACID USED AS FEEDSTOCKMemo Description: Spent sulfuric acid used to produce virgin sulfuric acid is not a solid waste. The exclusion does not apply if spent sulfuric acid is accumulated speculatively. The general range of the concentration of spent sulfuric acid is 5-100%
06/01/2004REQUIREMENTS FOR CHARACTERISTIC SLUDGE REMOVED FROM A WASTEWATER TREATMENT UNITMemo Description: A treatment sludge from characteristic wastewaters in a WWTU must be managed as hazardous once it is removed from tank if it exhibits a characteristic. Such waste is subject to on-site storage, transportation, and LDR requirements. If a nonwastewater sludge does not exhibit a characteristic it is not subject to Subtitle C, but LDR may still apply. Treatment of a wastewater that results in a change to nonwastewater may be a change in treatability group and a new point of generation. If there has been a change in treatability group and the waste is no longer characteristic, LDR requirements do not apply
04/12/2004POLICY ON THE MANAGEMENT OF RINSATE FROM EMPTY CONTAINERSMemo Description: Even though rinse water from an "empty" container may be non-hazardous, 261.7 does not exempt rinse water because rinse water is not a waste "remaining in" an "empty" container. When residue is removed from an empty container the residue is subject to full regulation under Subtitle C if the removal or subsequent management of it generates a new hazardous waste exhibiting any characteristics identified in Part 261, Subpart C. Rinsing an "empty" container with an agent containing solvent that would be listed when discarded would cause rinsate from an "empty" container to be listed due to the nature of the rinsing agent, not the nature of the waste being rinsed from the "empty" container
04/01/2004INTERSTATE SHIPMENTS OF WASTE LISTED SOLELY FOR IGNITABILITY, CORROSIVITY, OR REACTIVITYMemo Description: A transporter must have an EPA ID number, a manfiest, and comply with Part 263 if traveling through any state that recognizes the waste as hazardous. A TSDF is subject to the standards of the state where it is located
01/20/2004SEMI-VOLATILE CONSTITUENT ANALYSIS AND ANALYTICAL LEVEL OF DETECTION LIMITATIONS OF THE TOXICITY CHARACTERISTIC LEACHING PROCEDURE (TCLP)Memo Description: A generator may use process knowledge regarding how a waste is generated and scientific knowledge regarding chemical reactions to identify the constituents of concern for analysis. It is not necessary to test for all TCLP consitituents if the waste is determined to be nonhazardous using process knowledge. If a waste is 100% solid as defined by TCLP method 1311, the results of the total constituent analysis may be divided by twenty to convert the total results into the maximum leachable concentration. If it is a filterable liquid, then the concentration of each analyte phase must be determined
01/06/2004WOOD MULCH DERIVED FROM WASTE LUMBER PRESERVED WITH CHROMATED COPPER ARSENATE (CCA)Memo Description: Discarded arsenical-treated wood or wood products that are utilized for their intended end use and are only hazardous for waste codes D004 through D017 are excluded from RCRA regulation in 261.4(b)(9). Intended end uses of arsenical-treated wood products, including CCA-treated wood, are as building materials. CCA-treated wood used to produce wood mulch is not the materials' intended end use. Therefore, wood mulch produced from CCA-treated wood is not excluded in 261.4(b)(9). The Consumer Awareness Program (CAP) and the Consumer Safety Information Sheet for Inorganic Arsenical Pressure-Treated Wood discourage the use of CCA-treated wood as mulch
12/16/2003HAZARDOUS WASTE CHARACTERISTICS SCOPING STUDYMemo Description: The Hazardous Waste Characteristics Scoping Study reviewed the current hazardous waste (HW) characteristics that address the properties of ignitability, corrosivity, reactivity, and toxicity. The study examined the effectiveness of the regulations in identifying HW, whether other waste properties should be used to classify HW, and whether HW characteristics should be expanded. The study found that most nonhazardous waste is managed appropriately when disposed. The study identified the need for investigations on the risk of waste releases to air, on the potential for hazardous constituents to leach from waste, and on the measurement of ignitability, corrosivity, and reactivity. The air studies found no need for additional regulation. Other investigations are underway
10/23/2003TREATMENT STANDARDS FOR MERCURY-CONTAINING DEBRISMemo Description: D009 mercury wastes have LDR treatment standards for low mercury and high mercury-inorganic subcategories. LDR treatment standards include specified technologies such as RMERC, commonly called retorting. Macroencapsulation and microencapsulation are alternative LDR treatment technologies for D009 debris and do not depend on mercury levels in the debris. If alternative treatment standards are not used, the waste is subject to the non-debris standards in 40 CFR 268.40. The definition of debris is located in 268.2(g). Intact containers of mercury (e.g., thermometers, batteries) are not debris (SEE ALSO: 57 FR 37194, 37225; 8/18/92). Intact containers mixed with debris must be removed and managed separately. Certain mercury-containing items may be universal waste. Mercury-containing CESQG and household hazardous waste is exempt from RCRA regulations. Retorters are capable of accepting mercury-containing debris with certain limitations and exceptions. Source separation involves removing mercury-contaminated material from debris. Macroencapsulation involves mixing waste with reagents and stabilization materials to produce a more stable waste form. Macroencapsulation uses surface coatings or jackets to reduce surface exposure to leaching media
05/19/2003FLASH POINT TESTING OF A WASTE FIBROUS FILTER MATERIALMemo Description: Only liquid wastes are evaluated for ignitability using the flash point test in 261.21(a)(1). Non-liquid wastes, such as fibrous filter material, are assessed for ignitability using the narrative criteria found in 261.21(a)(2). No specific federal test has been developed for determining the ignitability of non-liquid wastes. State implementing agencies may have tests or guidance for determining non-liquid waste ignitability
04/18/2003RESULTS OF THE HAZARDOUS WASTE CHARACTERISTICS SCOPING STUDYMemo Description: The Hazardous Waste Characteristics Scoping Study reviewed hazardous waste characteristics. The Scoping Study examined whether RCRA regulations were effective in identifying hazardous waste, whether other waste properties should be used to classify hazardous waste, and whether hazardous waste characteristics should be expanded. The study found that most nonhazardous wastes are managed appropriately when disposed. The study identified the need for investigations on the risk of waste releases to the air, on the potential for hazardous constituents to leach from wastes, and on the measurement of the ignitability, corrosivity, and reactivity characteristics. Air studies found no need for additional regulation. Other investigations are currently underway. 
03/25/2003RESULTS OF HAZARDOUS WASTE CHARACTERISTIC SCOPING STUDYMemo Description: The Hazardous Waste Characteristics Scoping Study examined whether the RCRA regulations are effective in identifying hazardous waste, whether other waste properties should be used to classify hazardous waste, and whether hazardous waste characteristics should be expanded. The study found that most nonhazardous wastes are managed appropriately when disposed. The study identified the need for investigations on the risk of waste releases to the air, on the potential for hazardous constituents to leach from wastes, and on the measurement of the ignitability, corrosivity, and reactivity characteristics. Air studies found no need for additional regulation. Other investigations are currently underway. 03/07/2003FOLLOW-UP ACTIVITIES TO THE HAZARDOUS WASTE CHARACTERISTICS SCOPING STUDYMemo Description: The Hazardous Waste Characteristics Scoping Study reviewed the effectiveness of current hazardous waste characteristics in identifying regulated hazardous wastes. The study examined whether other properties should be used to classify a waste as hazardous or if current characteristics should be expanded. The Scoping Study found most nonhazardous waste is managed appropriately when disposed. More investigations are needed on the risk of waste releases to air, on the potential for hazardous constituents to leach from waste, and on the measurement of the ignitability, corrosivity, and reactivity characteristics. Air studies found no need for additional regulation. Other investigations are currently underway. 12/01/2002REGULATORY STATUS OF SOLVENT RESIDUE FROM SPRAY CANSQuestion & Answer Description: Unused solvent reoved from a non-empty spray can may meet a hazardous waste listing if the solvent is on the P or U list. The unused solvent might also exhibit a characteristic of hazardous waste. An unused solvent would not be classified as an F-listed spent solvent since it was never used. Hazardous waste determinations are the responsibility of the generator. 11/01/2002APPLICABILITY OF LDR TO BEVILL MIXTURESQuestion & Answer Description: A mixture of a Bevill-exempt waste and a characteristic waste (or a waste listed solely for exhibiting a characteristic) remains subject to the land disposal restrictions (LDR) even if it is no longer hazardous at the point of land disposal. A Bevill mixture is hazardous if it exhibits a characteristic of the non-excluded waste, but not if it exhibits a characteristic imparted by the Bevill waste. LDR attaches at the point of generation. A Bevill mixture must be treated for characteristics and underlying hazardous constituents (UHCs) attributed to the non-excluded portion, but not UHCs uniquely contributed by the Bevill portion. A facility remains subject to all applicable LDR notification requirements. The act of mixing a hazardous waste with a Bevill-exempt waste to render it nonhazardous is treatment, may require a permit, and may be a form of impermissible dilution
10/07/2002FOLLOW-UP ACTIVITIES TO THE HAZARDOUS WASTE CHARACTERISTICS SCOPING STUDYMemo Description: The Hazardous Waste Characteristics Scoping Study reviewed the effectiveness of current hazardous waste characteristics in identifying regulated hazardous wastes. The study examined whether other properties should be used to classify a waste as hazardous or if current characteristics should be expanded. The Scoping Study found most nonhazardous waste is managed appropriately when disposed. More investigations are needed on the risk of waste releases to air, on the potential for hazardous constituents to leach from waste, and on the measurement of the ignitability, corrosivity, and reactivity characteristics. Air studies found no need for additional regulation. Other investigations are currently underway. 09/10/2002RESULTS OF HAZARDOUS WASTE CHARACTERISTICS SCOPING STUDYMemo Description: The Hazardous Waste Characteristics Scoping Study reviewed RCRA hazardous waste (HW) characteristics. The Scoping Study examined whether the regulations were effective in identifying HW, whether other waste properties should be used to classify HW, and whether HW characteristics should be expanded. More studies are needed on the risks of waste releases to air, the potential for hazardous constituents to leach, and measurements of the ignitability, corrosivity, and reactivity characteristics. Air studies found no need for additional regulation. The Scoping Study found that most nonhazardous waste is managed appropriately when disposed
08/01/2002HAZARDOUS CHARACTERISTIC SCOPING STUDYMemo Description: The Hazardous Waste Characteristics Scoping Study reviewed the effectiveness of the current hazardous waste characteristics regulations to identify whether other waste properties should be used to classify waste as hazardous or if the current characteristics should be expanded. EPA collected data on toxic chemical releases from landfills. The current regulations ensure that most hazardous waste is addressed properly, but the Scoping Study identified areas that deserve additional investigation, including waste constituent releases to the air and identifying supplements to the Toxicity Characteristic Leaching Procedure (TCLP). EPA has set priorities for completion of follow-up studies. Any revision of the toxicity characteristic (TC) regulation would have to take into account a number of considerations, including updated groundwater models
07/29/2002RESULTS OF HAZARDOUS CHARACTERISTIC SCOPING STUDYMemo Description: The Hazardous Waste Characteristics Scoping Study did not identify hazards that warrant regulatory changes, but identified areas that deserve additional investigation, including waste constituent releases to the air and identifying supplements to the Toxicity Characteristic Leaching Procedure (TCLP). EPA collected data on toxic chemical releases from landfills. The toxicity characteristic (TC) regulation remains an appropriate tool for defining hazardous waste. EPA will continue to examine the hazardous waste characteristics. States may develop regulations that are more inclusive than the federal program
06/14/2002HAZARDOUS CHARACTERISTIC SCOPING STUDYMemo Description: The Hazardous Waste Characteristics Scoping Study reviewed the effectiveness of the current hazardous waste characteristics regulations to identify whether other waste properties should be used to classify waste as hazardous or if the current characteristics should be expanded. EPA also collected data on toxic chemical releases from landfills. The current regulations ensure that most hazardous waste is addressed properly, but the Scoping Study identified areas that deserve additional investigation, including waste constituent releases to air and identifying supplements to the Toxicity Characteristic Leaching Procedure (TCLP). EPA has set priorities for completion of follow-up studies. Any revision of the TC regulation would have to take into account a number of considerations, including updated groundwater models
05/17/2001REGULATORY STATUS OF DROP-OUT SLAG GENERATED AT ELECTRIC ARC FURNACESMemo Description: Drop-out box slag (DOBS) generated at electric arc furnaces (EAFs) is not covered by the K061 listing, which includes dust and sludge from EAF emissions. DOBS does not meet the description of dust or sludge as defined in the K061 Listing Background Document. Material in ductwork leading to or collected in air pollution control devices may meet the K061 definition. DOBS may exhibit the toxicity characteristic for various metals, but would not be a solid waste if sent for legitimate recycling
05/15/2001LAND DISPOSAL RESTRICTION REQUIREMENTS FOR CHARACTERISTIC WASTESMemo Description: Characteristic wastewaters that are mixed with a solid waste and decharacterized are still subject to 268.40 standards, including treatment for underlying hazardous constituents (UHCs). Characteristic wastewaters may be mixed with solid wastes or otherwise diluted and then injected into deep underground wells or placed in surface impoundments subject to controls imposed by the Clean Water Act (CWA) without meeting 268.40 standards. An accidental spill of hazardous waste that is promptly cleaned up is not considered land placement. LDR treatment standards apply to contaminated soils that exhibit a characteristic or contain a listed waste. LDRs attach to a hazardous waste contaminated soil when it is excavated and when it is ultimately going to be placed in a land disposal unit. LDRs will apply until standards are met even if the soil is subsequently decharacterized. If a soil contaminated by a characteristic waste does not exhibit a characteristic when it is excavated, then LDRs do not apply. Any deliberate mixing of hazardous waste with soil in order to change its treatment classification is impermissible dilution and illegal
01/01/2001LDR NOTIFICATION FOR LISTED AND CHARACTERISTIC WASTESQuestion & Answer Description: When a listed waste treatment standard operates in lieu of a characteristic treatment standard, the listed waste code would be included on the LDR notification form in lieu of the characteristic waste code. However, if the listed treatment standard does not directly address the constituent that makes the waste characteristic, the generator must list both waste codes on the notification form, and the waste must meet both treatment standards before it can be land disposed
12/15/2000COMBUSTION PROHIBITION AND EXPLOSIVE WASTESMemo Description: toxicity characteristic (TC) metal wastes are prohibited from dilution by combustion unless one or more of the criteria in 268.3(c) are met; D003 explosive wastes that are also TC metal wastes may be combusted under 268.3(c)(5); explosive wastes contain hazardous concentrations of organics 11/13/2000IMPLEMENTATION OF VACATURE OF TCLP USE FOR EVALUATING MANUFACTURED GAS PLANT (MGP) WASTES IN THE BATTERY RECYCLERS CASEMemo Description: D.C. Court of Appeals vacated use of TCLP for evaluating manufactured gas plant (MGP) waste (Association of Battery Recyclers, Inc., et al. v. US EPA); MGP waste cannot be classified as toxicity characteristic (TC) hazardous, since TCLP test is part of TC regulatory definition; MGP wastes unlikely to exhibit other characteristics; MGP wastes may be regulated under broader in scope state programs, state cleanup programs, or state industrial waste programs (SEE ALSO: 65 FR 51087; 8/22/00; RPC# 10/19/00-01) 10/19/2000MANUFACTURED GAS PLANT (MGP) REMEDIATION WASTE Memo Description: TCLP cannot be used to determine whether manufactured gas plant (MGP) waste is hazardous due to court ruling (Association of Battery Recyclers, Inc., et al. v. US EPA); MGP remediation waste is not listed but may be hazardous if exhibit ignitable, corrosive, or reactive characteristic, though unlikely; MGP remediation waste determined to be nonhazardous would be governed by state industrial or nonhazardous waste regulations (SEE ALSO: 65 FR 51087; 8/22/00; RPC# 11/13/00-01) 10/01/2000IDENTIFICATION OF UNDERLYING HAZARDOUS CONSTITUENTSQuestion & Answer Description: characteristic wastes must meet universal treatment standards (UTS) for all underlying hazardous constituents (UHCs) prior to land disposal; fluoride, vanadium, and zinc are excluded from the definition of UHC because they do not appear in Part 261, Appendix VIII; 3004(m) authorizes EPA to develop treatment standards for constituents other than those for which a waste is listed 09/01/2000LAND DISPOSAL RESTRICTIONS FOR IMPORTED HAZARDOUS WASTESQuestion & Answer Description: characteristic waste decharacterized prior to entering the United States not subject to land disposal restrictions (LDR) treatment standards or paperwork requirements; U.S. importer is responsible for hazardous waste identification; importer must comply with all applicable RCRA standards and special importer requirements for waste that is hazardous at point it enters the United States 07/31/2000REGULATORY STATUS OF WASTE GENERATED BY CONTRACTORS AND RESIDENTS FROM LEAD-BASED PAINT ACTIVITIES CONDUCTED IN HOUSEHOLDSMemo Description: lead-based paint (LBP) debris generated by contractors in households is excluded household hazardous waste; LBP waste from abatement, renovation, and remodeling in homes and other residences eligible for exclusion; LBP waste from households may be subject to state, local and/or tribal government regulation (SEE ALSO: 63 FR 70233; 12/18/1998) 06/26/2000REGULATORY STATUS OF A SUMP ASSOCIATED WITH AN ELEMENTARY NEUTRALIZATION UNITMemo Description: sump which meets definition of tank and is used in conveying hazardous wastewater to elementary neutralization unit (ENU) could be considered ancillary equipment to ENU and exempt from the requirements of Parts 264, 265, and 270; authorized state program or Region must make site-specific determination 05/25/2000TOTAL WASTE ANALYSIS ON POTW BIOSOLIDS AND CERCLA LIABILITYMemo Description: generator must determine if waste exhibits toxicity characteristic (TC) by testing or applying knowledge; using total constituent concentrations in waste is one type of generator knowledge; EPA does not presume waste is TC hazardous if 1/20th the total constituent concentrations in waste exceed TC regulation levels; RCRA Online letters do not constitute EPA policy; domestic sewage exclusion would not exonerate sewage generators from potential liablity under CERCLA 107(a)(3) if the generators' discharges include CERCLA hazardous substances; generator may be shielded from liability due to federally permitted release statutory provisions in CERCLA 107(j); placement of biosolids on land may constitute normal application of fertilizer in CERCLA 101(22)(D) and exempt generator from liability; to evaluate normal application of fertilizer, EPA would consider, among other things, compliance with Clean Water Act 405(d) and application rates 05/12/2000CLARIFICATION OF BEVILL STATUS OF ELECTRIC ARC FURNACE SLAGSMemo Description: EPA established criteria to determine if a process was defined as mineral processing on September 1, 1989 (54 FR 36619); only facilities processing less than 50 percent scrap are eligible for Bevill exclusion; most steel making mini mills using electric arc furnaces are not eligible for Bevill exclusion; flue dust from steel making electric arc furnaces are listed hazardous wastes 03/28/2000PLACEMENT OF SEWAGE SLUDGE ON FARMSMemo Description: domestic sewage exclusion regulatory language elaborates on statutory language by adding to exclusion mixtures of domestic sewage and other wastes; domestic sewage exclusion applies to wastes which mix with sanitary wastes in sewer system leading to POTW; hazardous waste delivered to POTW by truck, rail, or dedicated pipe subjects POTW to permit-by-rule requirements; mixture and derived-from rules apply to hazardous wastes that are not excluded 12/09/1999AGENCY ACTIVITIES IN RESPONSE TO THE 1996 HAZARDOUS WASTE CHARACTERISTICS SCOPING STUDYMemo Description: Hazardous Waste Characteristics Scoping Study identified a number of potential gaps in the hazardous characteristics regulatory program; EPA describes potential gaps and efforts to further address them; release of final Air Characteristic Study report; review of TCLP test and concerns regarding alkaline waste and oily waste; work on replacement guidance for withdrawn sulfide and cyanide reactivity test guidance proceeding at low level of activity due to competing priorities; development of tools for evaluation of ecological risks from waste 12/08/1999INTERPRETATION OF THE RCRA IGNITABILITY CHARACTERISTIC WITH REGARD TO ACETONE WIPESMemo Description: whether solvent-contaminated rags, wipers, or towels contain a listed hazardous waste, are mixed with a listed hazardous waste, only exhibit a characteristic, or are not a waste at all depends on site-specific factors best evaluated by Region or State implementing agency (SEE ALSO: RPC# 2/14/94-01); ASTM Method D4982-89, Method A is not appropriate for determining ignitability; Method 1030 assesses a solids tendency to burn vigorously and persistently, but does not address the mode of ignition; ignitability for non-liquids should be determined using generator knowledge 10/28/1999SPENT CATALYSTS FROM PETROLEUM REFINING HYDROCRACKING PROCESSESMemo Description: EPA made no formal listing determination for spent hydrocracking catalysts generated by petroleum refineries; Agency listed spent hydrotreating catalysts (K171) and spent hydrorefining catalyst (K172); no action regarding a listing determination is not the same as “no list” determination; spent hydrocracking catalysts may exhibit characteristics of toxicity or ignitability (SEE ALSO: 63 FR 42110; 8/6/98) 10/01/1999LAND DISPOSAL RESTRICTIONS (LDR) TREATMENT STANDARDS AND DISPOSAL OPTIONS FOR CONTAMINATED SOILQuestion & Answer Description: alternative land disposal restrictions (LDR) soil treatment standards require that all constituents subject to treatment be treated to 90 percent reduction capped at 10 times universal treatment standard (UTS) level; hazardous contaminated soil that exhibits toxicity characteristic when generated may be disposed in Subtitle D landfill or placed back on the land once soil meets LDR treatment requirements and is decharacterized; hazardous contaminated soil that exhibits toxicity characteristic when generated that meets LDR treatment requirements but is not decharacterized must be disposed in a Subtitle C landfill
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