RCRA Listed Derived-from Rule

“Once a RCRA listed hazardous waste always a RCRA listed hazardous waste” also applies to wastes generated from the treatment, storage or disposal of RCRA-listed wastes. This commonly is called “derived-from” rule because the waste generated from treatment, storage or disposal is derived from a RCRA listed hazardous waste.

For example, incineration of K001 sludge will result in ash and most likely the ash will not contain any chemicals of concern. The ash is considered derived from the incineration of K001 sludge and is still a RCRA-listed waste carrying the K001 hazardous waste code.

Like the RCRA mixture rule, there are some exceptions; a derived-from hazardous waste is not considered a listed hazardous waste when the
waste is:

  • Delisted by the US EPA
  • Listed solely due to a characteristic, and the resulting waste no longer exhibits the characteristic (example, F003 – ignitability)
  • Pickle liquor sludge
  • Slag from high temperature metal recovery (F006, K061, K062)
  • Biological treatment sludge (K156, K157)


Click to see how the California derived-from rule differs from the federal derived-from rule.

Activity 3b: RCRA derived-from rule

Activity 3c swf
Title 22 CCR §66261.3(c)