Frequent Questions

What did EPA finalize under the 2001 Hazardous Waste Identification Rule (HWIR)?

EPA finalized, with revisions, the retention of the hazardous waste mixture and derived-from rules. The mixture and derived-from rules are a key part of the Resource Conservation and Recovery Act (RCRA) rules that define when wastes are regulated as hazardous wastes. 

- under the mixture rule, a listed hazardous waste remains regulated as a hazardous waste when it is mixed with a non-hazardous waste. 

- under the derived-from rule, waste generated from the treatment, storage, or disposal of a listed hazardous waste also remains regulated as a hazardous waste. 

In addition, EPA finalized two new exemptions that narrow the scope of these rules, tailoring them to match the risks posed by particular wastes: 

- an exemption for wastes listed solely for ignitability, corrosivity and/or reactivity characteristics. Currently, mixtures of such wastes that are decharacterized are eligible for exemption. The revised rule extends this exemption to include all such wastes. These wastes are still subject to any applicable land disposal restriction requirements. 

- a conditional exemption for mixed wastes (that is, wastes that are both hazardous and radioactive) when they meet certain conditions and eligibility criteria.

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