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Hazardous Waste

Following are common questions asked about the US EPA hazardous waste regulations. Members can also search the Hazardous Waste Library or submit a request to the Finder Service.

May anyone who works at our company, even a contractor, sign the manifests for the company waste shipments?
If we are a large quantity generator, how can we be subject to the TSDF training requirements at 40 CFR 265.16?
Are my used cleaning rags a RCRA hazardous waste?
How do we manage cleanup materials contaminated with oil?
If we generate a waste that contains a chemical on one of the hazardous waste lists in Subpart D of 40 CFR 261, do we have to manage it as hazardous waste?
If we create a hazardous waste that will not end up in a landfill, but will be discharged through our wastewater treatment system, do we still have to comply with land disposal restrictions (LDRs)?
How do I become "certified" to train my people on hazardous waste rules?
Are characteristic wastes still subject to the land disposal restrictions if the characteristic has been removed?
How long may I accumulate waste in my satellite accumulation area?
May I have more than one 90-day storage area and/or satellite accumulation area?
How close to the process does my satellite accumulation area have to be and how far apart do satellite areas have to be from one another?
May I accumulate 55 gallons of each different hazardous waste created by a particular process in one satellite accumulation area?
May we treat hazardous waste at our facility without obtaining a permit?
May I send a shredded tank for recycling if it contains a hazardous waste residue?
Do I have to count hazardous waste that is generated by contractors at our facility towards our total for the month?
If my company is normally a SQG, but occasionally generates more than 1,000 kg in one month, can we still follow the SQG requirements?
Is soil contaminated with spent solvent a hazardous waste?

1. May anyone who works at our company, even a contractor, sign the manifests for the company waste shipments?

The hazardous waste manifest is a document that is regulated by both the EPA and the DOT, so the question must be answered for each agency:

EPA

The purpose of the manifest is to track a shipment of hazardous waste from a generator's site to the designated treatment, storage, or disposal facility. In Item 16 of the manifest instructions, the EPA states that the handwritten signature may be made "on behalf of" the generator [see 51 FR 35192, October 1, 1986]. The EPA intended this to clarify that employees or other individuals may sign the manifest certification for a generator who is a legal entity, such as a corporation.

DOT

The manifest serves as the hazardous material shipping paper, per 49 CFR 172.200 and 172.205. The DOT requires that the shipping paper certification be signed by any of the following: principle officer, partner, employee, or agent of the shipper (generator) [49 CFR 172.204]. The DOT has commented that a person signing a shipping paper is a "Hazmat Employee" and is therefore subject to the formal training in 49 CFR 172, Subpart H. Any person identified in 49 CFR 172.204 who has been trained in accordance with 49 CFR 172, Subpart H may sign the manifest certification.

2. If we are a large quantity generator, how can we be subject to the TSDF training requirements at 40 CFR 265.16?

Large quantity generators may store hazardous waste on site for up to 90 days without a RCRA permit if they comply with all of the requirements of 40 CFR 262.34(a). These 90-day rules require the generator to comply with several provisions of the TSDF rules. This includes the requirements for container management under 40 CFR Part 265, Subpart I; emergency preparedness under 40 CFR 265, Subpart C; contingency planning under 40 CFR 265, Subpart D; and a personnel training program under 40 CFR 265.16. Generators who store hazardous waste on site under the 90-day rules must comply with these provisions.

3. Are my used cleaning rags a RCRA hazardous waste?

This depends on several factors, including:

What chemicals were used in cleaning;
What constituents the rag picked up during cleaning;
What will be done with the rags (e.g., reuse, reclamation, or incineration/disposal).

It also depends on interpretations and policies provided by your local RCRA enforcement authority (EPA region or state).

To determine whether your rags are a hazardous waste, you must follow the same waste identification procedure you would for any material. You must answer the following questions:

Are the rags a "solid waste" as defined at 40 CFR 261.2? Typically, used cleaning rags meet the definition of a "spent material" since they have been used and, as a result of contamination, cannot be reused without processing. If they will be reclaimed (e.g., by laundering) or destroyed or disposed (e.g., incinerated or used as fuel), they are "solid waste."
If the rags are a solid waste, do they meet one of the listings in 40 CFR 261, Subpart D? Because there are no explicit listings for "used rags" in Subpart D, the rags will only be defined as a listed hazardous waste if they either contain listed waste or become mixed with listed hazardous waste. For example, if toluene is used to clean something, the spent toluene is listed as waste code F005. If a rag is then used to wipe up the used toluene, the rag must be managed as listed waste, because it contains the F005 waste. Whether or not the used rags contain listed hazardous waste, are mixed with listed hazardous waste, or even are a waste at all, depends on site-specific factors. As a result, any determination or interpretation regarding this waste stream should be made by the local enforcement agency (EPA region or state). This is the long-standing policy of the U.S. EPA's Washington, D.C. office.
Do the rags exhibit one or more of the characteristics described in 40 CFR 261, Subpart C? Even if a rag does not contain listed hazardous waste, the solvent used or the contaminants that it picked up during use might cause the rag to exhibit a characteristic. For example, rags that are dampened with isopropyl alcohol might be used to clean up circuit boards after soldering. The rags would probably not meet the definition of ignitability at 40 CFR 261.21, but might exhibit toxicity as defined in 40 CFR 261.24 due to lead or silver in the solder.

The U.S. EPA Office of Solid Waste is working on alternative approaches for managing solvent-contaminated shop towels, wipes, and rags. In the May 13, 2002, Regulatory Agenda, the EPA announced that it is scheduled to issue a notice of proposed rulemaking on solvent-contaminated shop towels and wipes in November 2002 [See 67 FR 33845].

4. How do we manage cleanup materials contaminated with oil?

All used oil cleanup materials, from rags to sorbent booms, are subject to the U.S. EPA used oil management standards at 40 CFR 279, unless the used oil has been removed and no free-flowing oil remains. The EPA defines "used oil" as "any oil that has been refined from crude oil, or any synthetic oil, that has been used and as a result of such use is contaminated by physical or chemical impurities."

Methods for separating used oil from absorbent materials include mechanical pressure devices such as cloth wringers or squeezers, and gravity draining [57 FR 41581, September 10, 1992]. If the free-flowing oil is removed from the cleanup materials, the materials are no longer considered to be used oil and may be managed as solid waste (as long as they do not exhibit a hazardous waste characteristic, and state requirements allow it). However, all used oil collected and drained from these absorbents must be managed under the used oil management standards.

Note that some states have adopted used oil management standards based on the U.S. EPA's rules at 40 CFR 279. State enforcement of these rules may vary. Some states have more stringent requirements than the U.S. EPA's for the management of used oil and oil-contaminated materials.

5. If we generate a waste that contains a chemical on one of the hazardous waste lists in Subpart D of 40 CFR 261, do we have to manage it as hazardous waste?

A waste that contains a chemical that is on one of the hazardous waste lists in Subpart D is not necessarily a hazardous waste. Whether or not your waste is listed is based on what the waste is, rather than what the waste contains.

The hazardous waste lists are descriptions of specific wastes that EPA has defined as hazardous waste. In determining whether your waste is a listed hazardous waste, you should not ask yourself, Does my waste contain one of the listed chemicals? Instead, you need to ask, Is my waste described by any of the lists?

There are three lists identifying certain wastes as hazardous. 40 CFR 261.31 is a list of process wastes from "non-specific sources." In this list, EPA describes several types of wastes resulting from general industrial and commercial activities, including certain spent solvents, electroplating wastes, and petroleum refinery wastes. These wastes are assigned F-numbered waste codes.

40 CFR 261.32 is a list of process wastes from "specific sources." In this list, the EPA identifies specific industrial activities, including inorganic pigment manufacturing, TNT manufacturing, and organic chemical production, and identifies specific hazardous wastes from these activities. These wastes are assigned K-numbered waste codes.

The third list is found in 40 CFR 261.33. This is a list of chemical products that are regulated as hazardous waste when "discarded or intended to be discarded." Discarded products that the EPA has determined to be "acutely hazardous" are assigned P-numbered waste codes, while those that are listed because they are "toxic" or for other reasons (e.g., ignitability, corrosivity) are assigned U-numbered waste codes.

To properly determine whether your waste is listed, you must know what the waste is, and how it was generated.

For example, under 40 CFR 261.31, the EPA assigns the listed waste code F003 to "any of the following spent non-halogenated solvents". The spent solvents that are considered to be F003 include xylene. This does not mean that any waste that contains xylene is F003. If you have a can of unused xylene-containing paint that you are discarding, it is not spent solvent xylene; rather, it's unused paint that happens to have xylene in it. Therefore, it is not F003 listed hazardous waste.

However, remember that even if a waste is not listed, you must still determine whether it exhibits any of the characteristics of hazardous waste, which are defined in 40 CFR Part 261, Subpart C. The waste paint in the example above could still be hazardous due to the characteristic of ignitability.

6. If we create a hazardous waste that will not end up in a landfill, but will be discharged through our wastewater treatment system, do we still have to comply with land disposal restrictions (LDRs)?

Yes. The LDR requirements in 40 CFR Part 268 apply to a hazardous waste the moment it is generated.

However, if you determine after generating a hazardous waste that it is excluded from the definition of solid waste because it will be discharged to a publicly-owned treatment works (POTW) or discharged in accordance with a Clean Water Act permit (see 40 CFR 261.4(a)), you do not need to treat the waste in accordance with the LDR requirements. You need only document the generation of the waste, the subsequent exclusion from the definition of hazardous waste or solid waste, and the disposition of the waste in your facility's on-site files [40 CFR 268.7(a)(7)].

Wastes derived from the treatment of this hazardous waste may be hazardous wastes and still be subject to the LDR treatment standards [40 CFR 261.3(c)(2)].

7. How do I become "certified" to train my people on hazardous waste rules?

If a facility must follow the rules at 40 CFR 262.34(a) and/or §265.16*, it must train all "facility personnel" under a "program" that teaches them to "perform their duties in a way that ensures the facility's compliance." They must also be trained in waste management procedures "relevant to the positions in which they are employed."

Under these requirements, the training program must be directed by "a person trained in hazardous waste management procedures." Whoever does the training must have training in hazardous waste management requirements, and must teach the personnel what they need to know to do their jobs correctly and in compliance with RCRA requirements. Ultimately, the measure of the quality of the training is whether or not the personnel are following the correct waste management procedures, and whether the facility is in full compliance with hazardous waste management requirements. The U.S. EPA does not have a formal certification program for trainers.

*These rules apply to large quantity generators who store their hazardous waste on site under the 90-day rules as well as to treatment, storage, and disposal facilities.

8. Are characteristic wastes still subject to the land disposal restrictions if the characteristic has been removed?

Yes. The land disposal restriction (LDR) requirements in 40 CFR Part 268 apply to a hazardous waste the moment it is generated. It is the responsibility of the initial generator of a hazardous waste to determine the applicable LDR treatment standards for each hazardous waste [40 CFR 268.9(a)].

In the definition of hazardous waste, the EPA specifically addresses wastes that are hazardous solely due to a characteristic. Paragraph (d) of 40 CFR 261.3 says that wastes that no longer exhibit any characteristics are no longer hazardous wastes. However, "wastes that exhibit a characteristic at the point of generation may still be subject to the requirements of Part 268, even if they no longer exhibit a characteristic…"

The treatment standard for many characteristics is not just the removal of the characteristic, or DEACT per 40 CFR 268.40. In addition, many characteristic wastes that must meet the LDR treatment standards in 40 CFR 268.40 must also meet treatment standards for underlying hazardous constituents (UHCs) in 40 CFR 268.48. Removing the characteristic from a characteristic-only hazardous waste does not necessarily mean that the UHCs have been treated to meet LDR treatment standards.

The following are some LDR recordkeeping requirements for characteristic wastes:

If the waste does not satisfy all of the LDR treatment standards, the generator must send notice with the initial shipment to a TSDF and maintain a copy in the facility's on-site records [40 CFR 268.7(a)(2)].

If the waste satisfies all of the LDR treatment standards (including UHC treatment standards), the generator must certify the initial shipment of the waste to a TSDF and maintain a copy in the facility's on-site records [40 CFR 268.7(a)(3)].

If the generator is treating the waste to meet the LDR treatment standards on site in containers, tanks, etc., that are regulated under 40 CFR 262.34, the generator must develop a waste analysis plan and maintain it in the facility's on-site records [40 CFR 268.7(a)(5)].

If a decharacterized waste meets all applicable treatment standards and is sent to a RCRA Subtitle D solid waste facility, the generator must prepare a one-time notification and certification and send it to the EPA region or the state agency [40 CFR 268.9(d)].

9. How long may I accumulate waste in my satellite accumulation area?

There is no time limit for "satellite accumulation."

According to 40 CFR 262.34(c), you may accumulate up to 55 gallons of hazardous waste, or one quart of acutely hazardous waste, in containers at or near any point of generation, as long as you comply with some basic container management requirements. Paragraph (c)(2) states that upon exceeding 55 gallons of hazardous waste, or one quart of acutely hazardous waste, you are to date the container holding the excess, and manage the excess volume in accordance with the large quantity generator accumulation requirements (i.e., 90-day rules) at 40 CFR 262.34(a) or in accordance with other applicable accumulation requirements (i.e., 180-day rules for small quantity generators). In other words, hazardous waste can be accumulated at the point of generation for as long as it takes to accumulate 55 gallons.

EPA also addresses this question in the January 3, 1983 Federal Register [48 FR 119]:

EPA had also considered setting a limit at each satellite area of 200 kilograms (kg) or ten days of accumulation, whichever occurs first. Although 200 kg and 55 gallons of waste are approximately equivalent, the Agency selected the volume limit (gallons) because it believes that a volume limit would provide for greater equity under the regulations for generators with wastes of higher unit weight. With regard to the 10-day threshold, the Agency believes there is little to be gained by applying a time limit to the accumulation of small quantities of wastes in satellite areas if they are containerized and marked properly. For these reasons, EPA has decided not to propose either a weight limit or a time limit for satellite accumulation.

10. May I have more than one 90-day storage area and/or satellite accumulation area?

Yes, you may have more than one 90-day storage area AND more than one satellite accumulation area.

90-Day Storage Areas

Typically, facilities maintain one central area to store their hazardous waste. They call this the 90-day storage area. The EPA does not require facilities to limit themselves to one 90-day storage area. At 40 CFR 262.34(a), EPA states that a generator may accumulate hazardous waste on site, provided that other conditions are met. The requirements in 40 CFR 265, Subpart I for containers and Subpart J for tanks also do not specify that only one central area for storing hazardous waste be maintained.

An industrial facility may choose to keep all of its hazardous waste in one central area to simplify compliance with 90-day storage requirements such as contingency planning, emergency preparedness, inspections, and training for people managing the waste. For example, a facility's contingency plan must identify the hazards from waste stored, in each of the locations it is being stored. Also, generators must perform weekly container inspections. These requirements are much easier to fulfill if all of the waste is in one location.

Satellite Accumulation Areas

In the January 3, 1983 Federal Register [48 FR 120], the EPA stated:

The 55-gallon threshold applies to each satellite area where hazardous wastes are accumulated. One manufacturing plant, therefore, may have several satellite areas on-site where as much as 55 gallons may be accumulated in conformance with §262.34(c).

The key is that the number of satellite accumulation areas you may have is dependant upon the number of generation points you have. EVERY place that waste comes into existence on your site is a POINT OF GENERATION where you may accumulate waste under 40 CFR 262.34(c).

11. How close to the process does my satellite accumulation area have to be and how far apart do satellite accumulation areas have to be from one another?

Unfortunately, there are no definitive answers to these questions. The EPA requires the generator to keep the waste "at or near" the point of generation [40 CFR 262.34(c)]. When the EPA wrote the "satellite," or "point of generation" rules, it never defined what "at or near" means. This is an issue that is frequently left up to state or even local inspectors' discretion.

The EPA attempted to clarify the definition of "satellite area" in the December 20, 1984 Federal Register where they finalized this option [49 FR 49569].

Several commenters requested guidance on the definition of satellite areas on the grounds that EPA has not adequately defined what it means by satellite areas. Others argued the concept is unenforceable without a precise regulatory definition. One commenter raised the possibility of a generator storing 55-gallon drums 5 feet apart along the wall of his facility in an attempt to circumvent further regulatory responsibilities.

Satellite areas are those places where wastes are generated in the industrial process or the laboratory and where those wastes must initially accumulate prior to removal to a central area. This point of accumulation is under the control of the operator of the process that is generating the waste…. Certainly the example given by the commenter, of a row of full 55 gallon drums spaced 5 feet apart along the factory wall, does not meet the requirements established by this regulation.

Keeping in mind WHY the EPA wrote this option might help clarify the requirements. Before this option was available, many generators took their waste somewhere else—a central storeroom, for example—to avoid having to comply with all of the requirements in 40 CFR 262.34(a) right at the process generating the waste. The EPA wrote the satellite accumulation option to allow the operator of the process to stay at the process, and not have to leave it to take the waste somewhere else. If you find that you are walking away from your process to take waste SOMEWHERE ELSE to accumulate, then that accumulation area is not a "satellite area" as the EPA intended it.

The EPA does not require a specific distance between satellite accumulation areas. The location of a satellite accumulation area depends on the "point of generation" of the waste. Unfortunately, the EPA did not define "point of generation" when it finalized the satellite accumulation area option. However, the EPA did discuss when a waste becomes a hazardous waste in the May 19, 1980 Federal Register. It is consistent throughout the hazardous waste regulations, particularly in waste identification, that wherever something comes into existence as a hazardous waste is a point of generation. In other words, wherever a waste is created, or a material is intended to be discarded, a hazardous waste determination must be made for the waste immediately, before the waste is mixed, co-mingled, or treated to change it. A single machine or process could have multiple points of generation. There are many types of manufacturing machines that generate more than one type of waste. For example, a machine might have one valve that releases spent sulfuric acid, and another valve two feet away that releases spent hydrogen peroxide. Each of these is a separate, distinct waste stream, and both points could be considered distinctly different points of generation. Note that it is up to the generator to be able to prove that these are separate points of generation.

12. May I accumulate 55 gallons of each different hazardous waste created by a particular process in one satellite accumulation area?

A "satellite accumulation area" is intended to be the location where wastes are initially generated and accumulated. The term "satellite accumulation area" was created when the EPA proposed this accumulation option in the January 3, 1983 Federal Register [48 FR 118]. The EPA referred to "the initial collection of hazardous waste at various points of generation" as "satellite accumulation." Note that the term "satellite accumulation area" is not actually used in the hazardous waste management regulations.

The Federal regulations for this accumulation option state that a generator may "accumulate as much as 55 gallons of hazardous waste or one quart of acutely hazardous waste listed in §261.33(e) in containers AT OR NEAR ANY point of generation where wastes initially accumulate" [40 CFR 262.34(c)(1)]. (Emphasis Lion)

That being said, a "satellite accumulation area" could consist of one waste generated from one process being accumulated in one 55-gallon drum or three wastes generated by the same process being accumulated in three separate containers. In a February 11, 1987, clarification letter to Brent C. Bradford, Executive Secretary of the Utah Solid and Hazardous Waste Committee, Susan E. Bromm, Acting Director of the Permits and State Programs Division of the EPA stated, "EPA believes that only one waste would normally be accumulated at each satellite area." Ms. Bromm then goes on to say, "The Federal regulations do not limit the number of containers that can be placed at a satellite accumulation area, rather, the regulations limit the total gallons accumulated to 55."

While a generator may use discretion in determining how many "satellite accumulation areas" are appropriate to be in compliance with the regulations, the generator should be able to provide sound reasoning for the choice of "satellite accumulation areas" should any EPA or other officials question them.

13. May we treat hazardous waste at our facility without obtaining a permit?

There are exclusions from the permit requirements in 40 CFR 270.1(c)(2). These include treatment of hazardous waste in wastewater treatment units, and treatment of corrosivity characteristic wastes in elementary neutralization treatment units. For processes that recycle hazardous waste, there are exclusions in 40 CFR 261.6(c).

Note that an exclusion from the permitting requirements does not automatically exclude the activity from certain TSDF management requirements. Review the applicability and exclusion sections of 40 CFR 264.1 and 265.1.

Generators may also be allowed to treat hazardous waste in their 90/180-day units. This may be done only if the treatment can be accomplished while complying with the 90/180-day requirements in 40 CFR 262.34(a) or (d), including the requirement to keep containers closed unless waste is being added or removed [40 CFR 265.173(a)].

In the March 24, 1986, Federal Register, EPA states:

Nothing in §262.34 precludes a generator from treating waste when it is in an accumulation tank or container covered by that provision. Under the existing Subtitle C system, EPA has established standards for tanks and containers which apply to both the storage and treatment of hazardous waste….Since EPA allows for limited on-site storage without the need for a permit or interim status (90 days for over 1000 kg/mo generators and 180/270 days for 100-1000 kg/mo generators), the Agency believes that treatment in accumulation tanks or containers is permissible under the existing rules, provided the tanks or containers are operated strictly in compliance with all applicable standards. [51 FR 10168]

14. May I send a shredded tank for recycling if it contains a hazardous waste residue?

Yes. The shredded tank would meet the definition of scrap metal in 40 CFR 261.1(c), as it is "bits and pieces of metal parts" that "may be recycled." But if this scrap metal either exhibits a hazardous waste characteristic or is mixed with a listed hazardous waste, it too is a hazardous waste [see 40 CFR 261.3].

However, any hazardous waste that is recycled is defined as recyclable material [see 40 CFR 261.6(a)(1)]. There are special rules for the recycling of hazardous waste in 40 CFR 261.6. Paragraph 40 CFR 261.6(a)(3) says, "the following recyclable materials are not subject to regulation under Parts 262 through 266, 268 or Parts 270 or 124…" Scrap metal is included in this exclusion.

As long as the scrap metal is recycled, it is not subject to any of the hazardous waste generator, transporter, or TSDF regulations. It is also excluded from the hazardous waste permitting requirements.

15. Do I have to count hazardous waste that is generated by contractors at our facility towards our total for the month?

Yes. The definition of "generator" is found at 40 CFR 260.10. It states that a generator is "any person, by site, whose act or process produces hazardous waste…." (Emphasis Lion)

The same section of the rules defines a "person" as "an individual, trust, firm, joint stock company, Federal Agency, corporation (including a government corporation), partnership, association, State, municipality, commission, political subdivision of a State, or any interstate body."

If the contractor's actions or operations generate a hazardous waste at an industrial or commercial site, the waste is technically generated by the site. The EPA will view both the owner/operator of the site and the contractor jointly and severely liable as generators. That means that all parties are responsible for assuring that the proper hazardous waste rules are followed from the moment the hazardous waste is generated.

In determining which generator standards to apply to a site's hazardous waste, the generator must know whether it is a large quantity, small quantity, or conditionally exempt small quantity generator. This determination is based on the instructions found at 40 CFR 261.5. The quantity determination is based on all hazardous waste that is created by the generator or site. The counting requirements do not provide an exclusion for wastes generated on site by persons other than the owner or operator. So the site must include the hazardous waste generated by contractors on site.

16. If my company is normally a SQG, but occasionally generates more than 1,000 kg in one month, can we still follow the SQG requirements?

The determination of what generator standards apply is based on the quantity of hazardous waste that is generated in the entire site during each calendar month [see 40 CFR 261.5 and 262.34(d)].

There is nothing in the hazardous waste rules that would preclude a generator from managing waste generated in one month as a small quantity generator under the 180/270-day storage requirements in 40 CFR 262.34(d), and waste generated in the following month as a large quantity generator under the 90-day requirements in 40 CFR 262.34(a).

The management standards that apply to a waste are based on the generator's status during the month in which the waste is generated. This may be done on a month-by-month basis.

However, a generator would be subject to all requirements and restrictions of a particular generator storage requirement. For example:

SQG Storage Quantity Limitation—The requirements of 40 CFR 262.34(d) limit the small quantity generator storage of hazardous waste to 6,000 kg. If the generator currently is holding some waste generated as a SQG and in the following month generates more than 1,000 kg, the SQG waste would continue to be managed under the SQG requirements, provided that the total quantity does not exceed 6,000 kg.
LQG Additional Requirements—The EPA requires large quantity generators to have documented, site-specific contingency and training plans [see 40 CFR 262.34(a)]. These requirements apply to any person that is a LQG, even if it is only for one calendar month. Also, large quantity generators are subject to the biennial reporting requirements in 40 CFR 262, Subpart D. A small quantity generator would be required to prepare a biennial report for any hazardous wastes generated as a large quantity generator.

17. Is soil contaminated with spent solvent a hazardous waste?

To answer this, we must first review the definition of hazardous waste in 40 CFR 261.3. There are three basic ways that a solid waste meets the definition of a hazardous waste:

The waste exhibits a characteristic (ignitability [40 CFR 261.21], corrosivity [40 CFR 261.22], reactivity [40 CFR 261.23], or toxicity [40 CFR 261.24]); or
The waste is listed [40 CFR 261.31, 261.32, and 261.33]; or
The waste is a mixture of a solid waste and a listed hazardous waste [40 CFR 261.3(a)(2)(iii)].

To determine whether the contaminated soil is a hazardous waste, you need to determine why the spent solvent was a hazardous waste. There are two possibilities:

Characteristic

If the solvent was a hazardous waste solely because it exhibited a characteristic, the contaminated soil is a hazardous waste only if it too exhibits any of the four characteristics. If it does not, the contaminated soil is therefore not subject to the hazardous waste management requirements. However, because the spent solvent, as generated, was a hazardous waste, it was also subject to the Land Disposal Restriction treatment standards. These treatment standards still apply to the contaminated soil. In other words, the soil may still require legitimate treatment to meet the treatment standards of the spent solvent [see 40 CFR 261.3(d)].

Listed

If the solvent was a listed hazardous waste, the soil is a hazardous waste. This is because of the EPA's "Contained-In Policy" rather than the mixture rule. The mixture rule only applies to mixtures of solid wastes and listed hazardous wastes. The soil cannot be a solid waste since it is considered "the environment." The EPA's policy is that any soil that contains a listed hazardous waste must be managed as a hazardous waste until such time as the EPA or state says that the soil no longer contains the listed hazardous waste. This determination is made by the agency on a case-by-case basis.

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