Yes, solid waste generated from the treatment, storage, or disposal of a hazardous waste, including any sludge, spill residue, ash, emission control dust, or leachate (but not including precipitation run-off) is hazardous waste via the derived-from rule and would carry the listing of the original waste from which it was derived (40 CFR §261.3(c)(2)).
Even treatment that operates properly is often designed to isolate a hazardous residual. The derived-from rule thus ensures that the chemicals in the originally listed waste that are transferred to another matrix when the waste is managed, remain under RCRA Subtitle C control. (66 FR 27266, 27273; May 16, 2001).
The May 16, 2001, Federal Register is available at the following URL:
If a listed waste is treated by incineration, does the ash or emission control dust carry the same listing?
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