Frequent Questions

Are residues from treatment of listed wastes that result in new treatability groups considered a new point of generation?

The question is of only academic interest. Because of the derived-from rule, the waste will be hazardous in any case and will normally carry the waste code of the listed waste. Thus, treatment residues derived from the treatment of a listed hazardous waste are considered to be that listed waste (Section 261.3(c)(2)). Consequently, all of the wastes generated during the course of treating a listed hazardous waste would be prohibited from land disposal unless they satisfy the treatment standard for that particular waste (53 FR 31147; August 17, 1988). Residues that are in a new treatability group must meet the LDR treatment standards appropriate for that particular treatability group (54 FR 48383; November 22, 1989). For example, a F001 wastewater is combusted, producing treatment residues that meet the definition of nonwastewater. 

Under the derived-from rule, these residues are still considered F001 and are considered as a new point of generation for LDR purposes.  The new treatability group residue must be treated to meet the F001 treatment standard (for the new treatability group) prior to land disposal.  Furthermore, if there is a residue from the original treatability group, it would not be a new point of generation; however, it must be treated to meet the F001 LDR treatment standards for the original treatability group, if the residue will be land disposed.   This guarantees that residues are treated to a treatment level or with a technology appropriate for the form of the waste.

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