WHAT CONSTITUTES A RCRA HAZARDOUS WASTE?
IDW is RCRA hazardous waste under the following circumstances: – Information about the site suggests that it is a “listed” waste as defined by 40 CFR 261, Subpart D. – It is a characteristic waste meeting the definitions of ignitable, corrosive, reactive, or toxic as defined in 40 CFR 261 Subpart C. – It is a mixture containing a listed hazardous waste and a non-hazardous solid waste. – It is a waste derived from treatment of a hazardous waste. – It is soil or groundwater containing listed hazardous waste. EPA guidance has specifically indicated that IDW may be assumed not to be “listed” waste under RCRA unless available information about the site suggests otherwise (53 F.R. 51444, December 21, 1988). However, this does not mean that IDW can be assumed to be nonhazardous unless clearly proven otherwise. The determination as to whether the waste is more likely to be hazardous or nonhazardous should be made using best professional judgement upon review of existing information such as man
