Hazardous Waste Identification Rules

U.S. EPA proposed to significantly impact the RCRA hazardous waste identification process through a rulemaking effort called the Hazardous Waste Identification Rules (H WIR). The first rule, HWIR-media, was finalized on November 30,1998, and addressed contaminated media.16 The second rule, HWIR-waste, was finalized on May 16, 2001, and modified the mixture and derived-from rules, as well as the contained-in policy for listed wastes.5 Both the HWIR-media rule and the HWIR-waste rule attempt to increase flexibility in the hazardous waste identification system by providing a regulatory mechanism for certain hazardous wastes with low concentrations of hazardous constituents to exit the RCRA Subtitle C universe. 

EPA (1995c). U.S. Environmental Protection Agency. 40 CFR Part 261— Hazardous waste management system Identification and listing of hazardous waste Hazardous waste identification rule (HWIR), Proposed rule, 60 FR 66344 (U.S. Government Printing Office, Washington). 

These exemption levels are similar in concept to those that EPA is establishing for hsted hazardous waste under the Hazardous Waste Identification Rule (HWIR). HWIR is discussed in Appendix F. 

So far, this chapter has introduced the fundamentals of the hazardous waste identification process and an overview of the hazardous waste listings and characteristics. One should now be able to explain in general terms which solid wastes are hazardous wastes. What remains to be explained is when these hazardous wastes cease being regulated as hazardous wastes. The regulations governing this issue are commonly known as the mixture and derived-from rules. 

There are five regulatory exemptions from the derived-from rule. The first of these derived-from rule exemptions applies to materials that are reclaimed from hazardous wastes and used beneficially. Many listed and characteristic hazardous wastes can be recycled to make new products or be processed to recover useable materials with economic value. Such products derived from recycled hazardous wastes are no longer solid wastes. Using the hazardous waste identification process discussed at the beginning of this chapter, if the materials are not solid wastes, then whether they are derived from listed wastes or whether they exhibit hazardous characteristics is irrelevant. A U.S. EPA module10 explains which residues derived from hazardous wastes cease to be wastes and qualify for this exemption. 

EPA. 1980c. U. S. Environmental Proteetion Ageney. Hazardous waste identification and listing final and interim rules. Federal Register 45 33084-33133. 

EPA. 1994u. Identification and Listing of Hazardous Waste Proposed Rule. U.S. Environmental Protection Agency. Code of Federal Regulations. 40 CFR 261, Appendix VII. Basis for Listing Hazardous Waste. Federal Regulations. 59 FR 9808. 

Hazardous waste management system carbamate production identification and listing of hazardous waste and CERCLA hazardous substance designation and reportable quantities (proposed rule-40 CFR 261, Appendix VIII) Proposed to include hexane as a hazardous constituent in K156 waste 59 FR 9808 EPA 1994f... 

Promulgate tables of concentration limits of hazardous substances that cause stochastic or deterministic effects in exempt and low-hazard waste and the rules for using the tables. For example, concentration limits of substances that cause deterministic effects should include an identification of the organ or organs at risk from exposure to each substance, so that the risk index for multiple substances that cause deterministic effects can be evaluated properly. 

The Oregon Department of Environmental Quality (ODEQ) has incorporated by reference the federal RCRA regulations for identification and listing of hazardous wastes (Oregon Administrative Rules 340-101-001). In addition to the federally listed acute hazardous wastes, ODEQ regulations include the following as state-specific listed hazardous wastes ... 

EPA. 1992a. Hazardous waste management system Identification and Listing of hazardous waste recycled used oil management standards. Part IX Relationship to other programs-International Convention for Prevention of Pollution from Ships (MARPOL 73/78). U.S. Environmental Protection Agency. Final Rule. Federal Register. 57 FR 41605. September 10, 1992. 

Hazardous Waste Management System Identification and Listing of Hazardous Waste et al. Final Rule and Proposed Rule. Federal Register, August 1998, 63 (151), 42109-42183... 

Waste Handling and Disposal Methods for sink disposal rules, elementary neutralization, "Hazardous Waste" marking requirements, proper chemical name identification, closed container requirements, waste pick-up requests, bulking requirements, and satellite accumulation regulations. 

The Identification of Non-Hazardous Secondary Materials That Are Solid Waste rule published by the US Environmental Protection Agency (EPA) in 2012 determines whether non-hazardous secondary materials are considered fuels or wastes when burnt. Combustion units that burn non-hazardous secondary materials that are classified as fuels are regulated as boilers under Section 112 of the Clean Air Act, while units that burn materials that are classified as wastes are regulated as incinerators under Section 129 of the Clean Air Act. In the rule, the EPA identified two secondary materials (resinated wood and scrap tyres managed under the oversight of the established tyre collection programmes) as non-wastes when used as fuel, and also identified off-specification tyres managed under the contractual relationship as non-waste fuels. However, scrap tyres that are discarded in stockpiles, landfills or monofills will be considered wastes unless these tyres are processed as specified in the rule. 

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