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382 Waste Management Practices: Municipal, Hazardous, and Industrial
become nonhazardous, provided the mixture no longer exhibits the ignitability characteristic. It
must be emphasized, however, that such wastes become nonhazardous only by the inadvertent,
unavoidable mixing occurring during standard processes at the facility. In other words, a facility
cannot deliberately mix a nonhazardous waste with hazardous waste to render it nonhazardous.
Treating a hazardous waste to render it nonhazardous may require a permit (40 CFR 262.34).

11.3.12 THE CONTAINED-IN RULE
The contained-in rule (40 CFR 261.3) relates to the incorporation of typically natural materials
(e.g., soil, groundwater) with a hazardous waste. For example, if a surface impoundment leaks a
listed hazardous waste into local groundwater, the resulting contaminated groundwater is to be man-
aged as a hazardous waste.

11.3.13 THE DERIVED-FROM RULE
The derived-from rule presented in 40 CFR 261.3 states that any solid waste generated from the treat-
ment, storage, or disposal of a hazardous waste including any sludge (pollution control residue), spill
residue, ash, emission control dust, or leachate (not including precipitation runoff) is a hazardous
waste. Thus, in the case of residues generated from the treatment of a listed waste, all residues remain
hazardous unless specifically delisted. The generator is required to prove that the waste is no longer
hazardous through the delisting process, or the treatment residues are managed as hazardous waste.
A facility that treats F-listed hazardous wastes, for example via incineration, must manage the incin-
erator ash as hazardous waste although the toxicity of the waste may be greatly reduced. This rule
also applies to treatment of hazardous wastes during a corrective action.

11.4 GENERATION OF HAZARDOUS WASTES
Table 11.5 presents recent national hazardous waste generation totals according to the percentage
of characteristic wastes, listed wastes, or a mixture of both. Wastes categorized as only characteris-
tic wastes represented 52% (20.9 million tons) of the national generation total, while listed-only
wastes comprised 18% (7.3 million tons), and wastes with both characteristic and listed waste codes
constituted 29% (11.8 million tons) of the national total.

TABLE 11.5
Tons of Generated Waste that were Only Characteristic Waste, Only Listed Waste, or Both
Characteristic and Listed Waste, 1999
Only Characteristic Wastes Only Listed Wastes Both a Characteristic and a Listed Waste
Ignitable only 681,936 F code only 2,213,492
Corrosive only 1,075,431 K code only 3,695,803
Reactive only 247,748 P code only 80,396
D004-17 2,379,016 U code only 496,466
D018-43 4,464,793
More than one 12,082,405 More than one 845,353
characteristic code listed code
Total 20,391,330 Total 7,331,509 Both characteristic 11,760,240
and listed
Note: All quantities are in tons.
Source: U.S. EPA, 2001.