The ``Derived-from`` rule under the Resource Conservation and Recovery Act (RCRA). RCRA Information Brief

Technical Report · Tue Jun 01 04:00:00 EDT 1993

DOI:https://doi.org/10.2172/10133314· OSTI ID:10133314

Petts, M

Under the ``Derived-from`` rule, solid waste that is generated from the treatment, storage or disposal of a hazardous waste is itself classified as a hazardous waste. Therefore, residues resulting from treatment, storage or disposal activities including materials such as sludges, ash emission control dusts, leachate, or spill residues are considered hazardous wastes (with certain exceptions discussed below). This provision is based on the premise that any residues from treatment, storage or disposal of hazardous waste will contain hazardous constituents [40 CFR 261.3(c)(2)(i)]. It should be noted that a December, 1991 court ruling remanded both the ``Mixture`` rule (see ref. 1) and the ``Derived-from`` rule to the Environmental Protection Agency (EPA), on the grounds that EPA did not allow for public comment on these rules prior to promulgation. On March 3, 1992 EPA reinstated the rules on an interim basis, and is currently developing a revised regulatory scheme for hazardous waste classification (see ref. 2).

• Research Organization: USDOE Assistant Secretary for Environment, Safety, and Health, Washington, DC (United States). RCRA/CERCLA Div.
• Sponsoring Organization: USDOE, Washington, DC (United States)
• OSTI ID: 10133314
• Report Number(s): DOE/EH--231-035/0693; ON: DE94008211; NC: NONE
• Country of Publication: United States
• Language: English

Related Subjects

29 ENERGY PLANNING, POLICY, AND ECONOMY
290300
32 ENERGY CONSERVATION, CONSUMPTION, AND UTILIZATION
320305
ASHES
CLASSIFICATION
DUSTS
ENVIRONMENT, HEALTH, AND SAFETY
HAZARDOUS MATERIALS
INDUSTRIAL WASTE MANAGEMENT
LEACHATES
RESOURCE RECOVERY ACTS
SLUDGES
SOLID WASTES
US EPA