Question of the Week: Determining Significant Waste Codes
A. There are different reasons for recording and communicating waste codes (e.g. manifests, LDRs, etc.) It is likely that you are dealing, primarily, with communicating waste codes for Land Disposal Restrictions (LDR treatment) per 40 CFR Part 268.
When you generate a hazardous waste, you must identify all possible waste codes that could apply to that waste [40 CFR 261.11]. Any hazardous waste will either be:
- Listed as a hazardous waste, F-, K-, P-, or U-codes,
- A hazardous waste by characteristic (D-codes), or
- Both a listed and characteristic waste.
When the waste is hazardous only by characteristic, you must again ensure that the waste is treated prior to land disposal for all applicable characteristic waste codes, according to the requirements in 40 CFR 268.40. You may also have to identify any underlying hazardous characteristics that are “reasonably expected at the point of generation” [40 CFR 268.48].
Where it gets tricky is when a hazardous waste is both listed and exhibits one or more characteristics. According to 40 CFR 268.9(b): “Where a prohibited waste is both listed under 40 CFR part 261, subpart D and exhibits a characteristic under 40 CFR part 261, subpart C, the treatment standard for the waste code listed in 40 CFR part 261, subpart D [for the listing] will operate in lieu of the standard for the waste code under 40 CFR part 261, subpart C [the characteristics], provided that the treatment standard for the listed waste includes a treatment standard for the constituent that causes the waste to exhibit the characteristic. Otherwise, the waste must meet the treatment standards for all applicable listed and characteristic waste codes.”
This means that when the waste is hazardous by both listing and characteristic, the waste must always be treated to the standards for the listed code no matter what. However, if that treatment process includes a standard for the constituent that caused the hazardous characteristic then that characteristic is “not significant” for Land Disposal Restrictions (LDR), in other words you do not have to treat the hazardous waste for the characteristic waste code.
Waste codes are only significant, or not-significant, for LDR notification and treatment. You will still need to document all applicable waste codes for hazardous waste determination (40 CFR 262.40(c), biennial reporting (40 CFR 262.41), and possibly manifesting (40 CFR 262, Appendix).
Tags: disposal, hazardous waste, LDR, RCRA
Find a Post
Lion courses always set the bar for content, reference, and practical application. Membership and access to the experts is an added bonus.
John Brown, CSP
Director of Safety & Env Affairs
As always, Lion never disappoints
Lion's training was by far the best online RCRA training I've ever taken. It was challenging and the layout was great!
Hazardous Waste Professional
I like Lion's workshops the best because they really dig into the information you need to have when you leave the workshop.
Tom Bush, Jr.
The training was impressive. I am not a fan of online training but this was put together very well. I would recommend Lion to others.
The price was reasonable, the time to complete the course was manageable, and the flexibility the online training allowed made it easy to complete.
Hazmat Shipping Professional
Lion provided an excellent introduction to environmental regulations, making the transition to a new career as an EHS specialist less daunting of a task. Drinking from a fire hose when the flow of water is lessened, is much more enjoyable!
The instructor was probably the best I ever had! He made the class enjoyable, was humorous at times, and very knowledgeable.
Mary Sue Michon
I used the IT support number available and my issue was resolved within a few minutes. I don't see anything that could have made it better.
Lion is at the top of the industry in compliance training. Course content and structure are updated frequently to make annual re-training enjoyable. I like that Lion has experts that I can contact for 1 year after the training.
Download Our Latest Whitepaper
Explore the four specific 29 CFR Standards that OSHA inspectors overwhelmingly cite employers for when investigating COVID-19 exposure in the workplace.