Which CFR defines the Toxicity characteristic (toxicity) in RCRA?

Which CFR defines the Toxicity characteristic (toxicity) in RCRA?

• A. 40 CFR 261.23
• B. 40 CFR 261.21
• C. 40 CFR 261.22
• D. 40 CFR 261.24

Answer: (D)

The key idea is how the Toxicity Characteristic is defined and how a waste is tested for it. The Toxicity Characteristic is defined in 40 CFR 261.24. It relies on the Toxicity Characteristic Leaching Procedure (TCLP) to test a waste for certain toxic constituents. If the TCLP extract from the waste shows concentrations above the regulatory limit for any of those constituents, the waste exhibits the toxicity characteristic and is regulated as hazardous waste under RCRA. Other waste characteristics are defined in different parts of the CFR: ignitability is determined by flash point or ignition criteria (40 CFR 261.21), and corrosivity is determined by extreme pH (40 CFR 261.22). So the regulation that defines the Toxicity Characteristic is 40 CFR 261.24.

The key idea is how the Toxicity Characteristic is defined and how a waste is tested for it. The Toxicity Characteristic is defined in 40 CFR 261.24. It relies on the Toxicity Characteristic Leaching Procedure (TCLP) to test a waste for certain toxic constituents. If the TCLP extract from the waste shows concentrations above the regulatory limit for any of those constituents, the waste exhibits the toxicity characteristic and is regulated as hazardous waste under RCRA. Other waste characteristics are defined in different parts of the CFR: ignitability is determined by flash point or ignition criteria (40 CFR 261.21), and corrosivity is determined by extreme pH (40 CFR 261.22). So the regulation that defines the Toxicity Characteristic is 40 CFR 261.24.