The document discusses the mixture and contained-in rules for determining whether a waste is considered hazardous or not under RCRA regulations. It addresses scenarios involving mixtures of characteristic wastes, listed wastes, and environmental media like soil. The key points are: 1. Characteristic wastes mixed with solid wastes will be considered hazardous or not based on testing. 2. ICR-only listed wastes mixed with solid wastes will also be considered hazardous or not based on testing. 3. Non-ICR listed wastes mixed with solid wastes will always be considered hazardous waste. 4. Environmental media like soil that contains hazardous waste will be regulated as hazardous waste until the hazardous constituents

1. Julie Marks, P.E.
(573) 638-5015

2. According to the mixture rule, if
it’s derived from a listed waste,
it automatically fails the
contained-in policy, because
you know, “listed-in, listed-out.”
That doesn’t sound
right, but I’m not really
sure…

3. Characteristic Waste
Or
ICR Listed Waste
Or
Non-ICR Listed Waste
Waste
Status?
Listed Wastes have
the waste codes that
begin with K, P or U

5. Characteristic
Hazardous Waste
Solid Waste
Not Characteristic
Status?
Solid Waste40 CFR 261.3(b)(3)
Characteristic for ignitability,
corrosivity, reactivity (ICR), or toxicity
-40 CFR 261 Subpart C

6. D004 Hazardous
Waste
(Characteristic for
arsenic)
Solid Waste
Not Characteristic for
Arsenic
Haz Waste Code?
NONE40 CFR 261.3(b)(3)

7. Characteristic
Hazardous Waste
Solid Waste
Characteristic
Status?
Hazardous Waste40 CFR 261.3(b)(3)
Characteristic for ignitability,
corrosivity, reactivity (ICR), or toxicity
-40 CFR 261 Subpart C

8. D004 Hazardous Waste
(Characteristic for
arsenic)
Solid Waste
Characteristic for
Arsenic
Haz Waste Code?
D00440 CFR 261.3(b)(3)

9. ICR-Only Listed Waste
Listed solely for ignitability,
corrosivity, or reactivity
-40 CFR 261.31 thru 33
Solid Waste
Not Characteristic
Status?
Solid Waste
40 CFR 261.3(g)(2)(i)
Notice: Toxicity is not
included on this list

10. ICR-Only Listed Waste
Listed solely for ignitability,
corrosivity, or reactivity
-40 CFR 261.31 thru 33
Solid Waste
Characteristic
Status?
Hazardous Waste
40 CFR 261.3(g)(2)(i)
Notice: Toxicity is not
included on this list
Waste Code?
Whatever waste code
still applies

11. Non-ICR Listed Waste
OTHER THAN WASTE listed solely
for ignitability, corrosivity, or
reactivity
-40 CFR 261.31 thru 33
Solid Waste
Status?
Always a Listed
Hazardous Waste
40 CFR 261.3(a)(2)(iv) and (b)(2)
You can petition the
agency for a delisting of
the mixture under 40
CFR 261.3(d)(2)

12. Non-ICR Listed Waste
OTHER THAN WASTE listed solely
for ignitability, corrosivity, or
reactivity
-40 CFR 261.31 thru 33
Solid Waste
Status?
Always a Listed
Hazardous Waste
40 CFR 261.3(a)(2)(iv) and (b)(2)
But what if it is just a TINY amount
of:
You can petition the
agency for a delisting of
the mixture under 40
CFR 261.3(d)(2)

13. F003 Nonhalogenated
spent solvents listed
for ignitability
Solid Waste
Not Characteristic
Anymore (FP>140F)
Status?
Solid Waste
40 CFR 261.3(g)(2)(i)

14. F003 Nonhalogenated
spent solvents listed
for ignitability
D004 Hazardous
Waste
(Characteristic for
arsenic)
FP>140F
Still characteristic for
arsenic
Haz Waste Code?
D004
Still Listed?
Nope!

15. K111
Product washwaters from the
production of dinitrotoluene
via nitration of toluene
Listed for corrosivity and
toxicity
D004 Hazardous
Waste
(Characteristic for
arsenic)
Still characteristic for
arsenic
Waste Code?
K111, D004

16. 1. Characteristic Waste + Solid Waste =
Whatever testing shows
2. ICR-Only Listed Waste + Solid Waste =
Whatever testing shows
3. Non-ICR Listed Waste + Solid Waste =
Listed

17. There are special mixture rules for Bevill
wastes and wastes from oil and gas
exploration (40 CFR 261.4) that we are
not going to cover.

18. • Mixing may be considered “treatment” and need
a RCRA permit.
• Even if mixtures of hazardous waste no longer
exhibit a characteristic, these de-characterized
mixtures will likely still need to meet LDR
standards (40 CFR 268) prior to disposal.
This includes LDR standards for any underlying
hazardous constituents (UHCs).

19. Any constituent listed in 40 CFR 268.48, Table UTS—
Universal Treatment Standards,
except fluoride, selenium, sulfides, vanadium, and
zinc,
which can reasonably be expected to be present at
the point of generation of the hazardous waste at a
concentration above the constituent-specific UTS
treatment standards.
-40 CFR 268.2(i)

20. Secondary Slag
D008 Lead
TCLP>5mg/L
Solid Waste
Implications:
• Treatment needing a RCRA permit
• If 5mg/L>Pb>0.75mg/L, will need to be re-
treated to < 0.75 mg/L
• Need to look for UHCs

21. Hazardous Waste
40 CFR 261 Subpart C or D
Debris, Soil
Groundwater,
Surface Water, or
Other Environmental
Media
Status:
Mixture Rule does not
apply since it ONLY
applies to wastes
But the
Contained-In
Policy does
apply…

22. Hazardous Waste
40 CFR 261 Subpart C or D
Environmental Media or Debris
*Also used by EPA as a regulatory
basis for regulating materials that
do not fall under these
categories.

23. Environmental Media contains a hazardous waste if:
1) The media exhibits a characteristic of hazardous waste
2) Hazardous constituents from listed wastes are present in
the media at concentrations that are above health-based
levels
-RO 14283, 14291, 11684

24. Hazardous Waste
40 CFR 261 Subpart C or D
Environmental Media
Soil, Groundwater,
Surface Water, or
Other Environmental Media
If contaminated environmental media
“contain” hazardous waste, EPA says the
media must be managed as if they are
hazardous waste until they no longer contain
hazardous waste.

25. Characteristic
Hazardous Waste
Ignitability, Corrosivity,
Reactivity, Toxicity
40 CFR 261 Subpart C
Environmental Media
No Longer Characteristic
Status?

26. Characteristic
Hazardous Waste
Ignitability, Corrosivity,
Reactivity, Toxicity
40 CFR 261 Subpart C
Environmental Media
Characteristic
Status?

27. ICR-only Listed Waste
K, P, U waste codes
40 CFR 261 Subpart D
Environmental Media
Not Characteristic
Status?
66 FR 27286, RO14291

28. Non-ICR Listed Waste
K, P, U waste codes
40 CFR 261 Subpart D
Environmental Media
Status?

29. Non-ICR Listed Waste
K, P, U waste codes
40 CFR 261 Subpart D
Environmental Media
Status?
“It has been the
common practice of
EPA and many states to
specify conservative,
risk-based levels…”
-61 FR18795

30. Non-ICR Listed Waste
K, P, U waste codes
40 CFR 261 Subpart D
Environmental Media
Status?
“It has been the
common practice of
EPA and many states to
specify conservative,
risk-based levels…”
-61 FR18795
Treatment may allow the
hazardous constituents to
be removed and
EPA/State may then allow
material to cease to be a
hazardous waste

31. Non-ICR Listed Waste
K, P, U waste codes
40 CFR 261 Subpart D
Environmental Media
Status?
“It has been the
common practice of
EPA and many states to
specify conservative,
risk-based levels…”
-61 FR18795
Treatment may allow the
hazardous constituents to
be removed and
EPA/State may then allow
material to cease to be a
hazardous waste
You can petition the
agency for a delisting of
the mixture under 40
CFR 261.3(d)(2)

33. Hazardous Waste
40 CFR 261 Subpart C or D
Environmental Media or Debris

34. “Debris” is a solid material exceeding a 60-mm particle size
that is intended for disposal and that is: a manufactured object,
or plant or animal matter, or natural geologic material…
- 40 CFR 268.2(g)
“Hazardous Debris” is debris that contains a hazardous waste
listed in Subpart D of Part 261, or that exhibits a characteristic
of hazardous waste identified in Subpart C of Part 261.
- 40 CFR 268.2 (h)

35. Characteristic
Hazardous Waste
Ignitability, Corrosivity,
Reactivity, Toxicity
40 CFR 261 Subpart C
Debris
Is Not Characteristic
Status?

36. Characteristic
Hazardous Waste
Ignitability, Corrosivity,
Reactivity, Toxicity
40 CFR 261 Subpart C
Debris
Is Characteristic
Status?

37. ICR-only Listed Waste
K, P, U waste codes
40 CFR 261 Subpart D
Debris
Is Not Characteristic
Status?
57 FR 37226

38. Non-ICR Listed Waste
K, P, U waste codes
40 CFR 261 Subpart D
Debris
Status?

39. Applies to: Any solid waste generated from treatment, storage,
or disposal of a hazardous waste, unless specifically excluded
under 40 CFR 261.3(c)(ii).

40. Residue from T, S,or D of
Characteristic Hazardous Waste
Ignitability, Corrosivity, Reactivity, or Toxicity
40 CFR 261 Subpart C
Still Characteristic for
I,C,R, or Toxicity
Status?
Not Characteristic for
I,C,R, or Toxicity
Status?

41. Residue from T, S,or D of I,C,R-
Only Listed Hazardous Waste
Ignitability, Corrosivity, Reactivity
40 CFR 261 Subpart D
Still Characteristic for
I,C,or R
Status?
Not Characteristic for
I,C,R, or Toxicity
Status?

42. Residue from T, S,or D of Non-I,C,R
Listed Hazardous Waste
Ignitability, Corrosivity, Reactivity
40 CFR 261 Subpart D
Still Characteristic for
I,C,or R
Status?
Not Characteristic for
I,C,R, or Toxicity
Status?
Listed In,
Listed Out
You can petition the
agency for a delisting of
the mixture under 40
CFR 261.3(d)(2)

43. Residue from T, S,or D
of Non-I,C,R Listed Hazardous
Waste
Ignitability, Corrosivity, Reactivity
40 CFR 261 Subpart D
Still Characteristic for
I,C,or R
Status?
Not Characteristic for
I,C,R, or Toxicity
Status?
containing only a de minimis
amount