The Toxicity Characteristic (40 CFR 261.24 Table 1 D-List)

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40 CFR 261.24
(a) A solid waste (except manufactured gas plant waste) exhibits the characteristic of toxicity if, using the Toxicity Characteristic Leaching Procedure, test Method 1311 in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication SW-846, as incorporated by reference in 260.11 of this chapter, the extract from a representative sample of the waste contains any of the contaminants listed in Table 1 at the concentration equal to or greater than the respective value given in that table. Where the waste contains less than 0.5 percent filterable solids, the waste itself, after filtering using the methodology outlined in Method 1311, is considered to be the extract for the purpose of this section.

(b) A solid waste that exhibits the characteristic of toxicity has the EPA Hazardous Waste Number specified in Table 1 which corresponds to the toxic contaminant causing it to be hazardous.

Generators may make process knowledge based toxicity determinations by evaluating the established process and raw materials used in the waste generation. If the generator has knowledge that a specific waste would pass or fail sample testing, no testing is required. 40 CFR 262.11(c)(2)

EPA Publication SW-846 test Method 1311 - The test method generally used to determine toxicity is the TCLP. Caution must be exercised to insure the correct type of container is used for sample collection. Extraction vessels and filtration devices shall be made of inert materials which will not leach or absorb waste components. Glass, polytetraflouroethylene (PTFE), or type 316 stainless steel equipment may be used when evaluating the mobility of both organic and inorganic components. Devices made of high density polyethylene (HDPE), polypropylene (PP), or polyvinyl chloride (PVC) may be used only when evaluating the mobility of metals.

When the waste is to be evaluated for volatile analytes, care shall be taken to minimize the loss of volatiles. Samples shall be collected and stored in a manner intended to prevent loss of volatile analytes (e.g., samples should be collected in Teflon-lined septum capped vials and stored at 4 degrees C. Samples should be opened only immediately prior to extraction).

If sample holding times are exceeded, the values obtained will be consided minimal concentrations. Exceeding holding time is not acceptable in establishing that a waste does not exceed the regulatory level. Exceeding the holding time will not invalidate characterization if the waste EXCEEDS the regualtory level.

Sample Holding Times (From Field Collection to TCLP Extraction):
Volatiles - 14 Days
Semi-volatiles - 14 Days
Mercury - 28 Days
Metals (except Mercury) - 180 Days