Frequent Questions

A facility spills an F003 listed spent solvent into its on-site, tank-based wastewater treatment system. Prior to reaching the headworks of a wastewater treatment system, the wastewater loses the characteristic of ignitability. Is the sludge generated by

F003 is listed solely for exhibiting the characteristic of ignitability (§261.31). When a waste has been listed solely because it exhibits a characteristic of ignitability, corrosivity, and/or reactivity and that waste does not exhibit any hazardous waste characteristic at the point of generation, then that waste is not subject to the LDR requirements. Wastes that are characteristic at the point of generation and then are subsequently decharacterized are still subject to LDR (66 FR 27266, 27269; May 16, 2001). 

A mixture of a solid waste and a hazardous waste listed solely because it exhibits a characteristic of ignitability, corrosivity, and/or reactivity is not a hazardous waste if the mixture does not exhibit a characteristic of hazardous waste (§261.3(g)(2)(i)). However, these mixtures are still subject to LDR because the waste exhibited a characteristic at the point of generation (§261.3(g)(3)). Similarly, EPA believes that decharacterized derived-from residues from wastes listed because they exhibit characteristics also must meet LDR requirements unless they are either delisted or are exempt at the point of generation pursuant to other provisions (60 FR 66344, 66349; December 21, 1995). 

The appropriate LDR treatment standard for a waste depends on its treatability group. The treatability group refers to either the classification of a waste as a wastewater or nonwastewater (55 FR 3864, 3866; January 31, 1991). A change in treatability group constitutes a new point of generation. Therefore, a nonwastewater treatment residual produced from a wastewater may be a new point of generation for the waste and, if not characteristic, would not be subject to LDR (55 FR 22520, 22544; June 1, 1990). However, a facility may not dilute or perform partial treatment on a waste in order to switch the applicability of a nonwastewater standard to a wastewater standard or vice versa (53 FR 31148, 31145; August 17, 1988). 

The May 16, 2001, Federal Register is available at the following URL:
http://www.epa.gov/fedrgstr/EPA-WATER/2003/April/Day-08/w8154.htm
 
The December 21, 1995, Federal Register is available at the following URL: http://www.epa.gov/fedrgstr/EPA-WASTE/index.html 

Additional guidance regarding wastes listed solely for exhibiting a characteristic of ignitability, corrosivity, and/or reactivity is available in the following documents: 

Memo, Dellinger to Smith; March 18, 2003 (RCRA Online #14654
Monthly Call Center Report Question; October 2002 (RCRA Online #14638
Monthly Call Center Report Question; January 2002 (RCRA Online #14592
Memo, Cotsworth to Nebrich; December 11, 2001 (RCRA Online #14579

These documents are available at the following URL:
 http://www.epa.gov/rcraonline
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