Indiana Contained-In Determination - When Contaminated Media Becomes Hazardous Waste
How contained-in determinations work in Indiana. When contaminated soil and groundwater are regulated as hazardous waste, and how to exit contained-in status.
Overview
The contained-in policy determines when environmental media (soil, groundwater, sediment) contaminated by a listed hazardous waste must be managed as hazardous waste itself. Soil is not a “solid waste” by definition, but when it contains a listed hazardous waste, it carries the waste’s regulatory status - it is “contained in” the hazardous waste and must be managed under the same RCRA Subtitle C requirements until the hazardous waste is removed or destroyed.
This has major practical implications for contaminated site work. Soil that is “contained in” a listed hazardous waste cannot be disposed of at a Subtitle D landfill, cannot be reused on site without restrictions, and must be manifested and tracked as hazardous waste during excavation and transport. The contained-in determination defines when that regulatory burden applies and - critically - when it ends.
In Indiana, the contained-in policy operates under the federal RCRA framework as adopted through 329 IAC 3.1. IDEM has published separate guidance on contained-in determinations for live-loading soil, available on the IDEM Technical Guidance for Cleanups page. The RCRA Closure and Corrective Action Program Guide (WASTE-0015-NPD-R1) addresses contained-in issues at RCRA-regulated sites.
The Contained-In Policy
The contained-in policy is not a formal regulation - it is an EPA policy developed through guidance documents and enforcement practice. The core principle is:
- Environmental media that contain a listed hazardous waste (F-list, K-list, P-list, U-list wastes) must be managed as that listed waste until they no longer contain the hazardous waste
- Environmental media that contain only characteristic hazardous waste (D001-D043) are regulated based on whether they exhibit the characteristic at the point of generation - if the media passes TCLP, it is not a characteristic hazardous waste regardless of what was released
The distinction between listed and characteristic wastes is critical. A solvent release from degreasing operations (F001/F002 listed wastes) makes any contaminated soil “contained in” the listed waste. A gasoline release at a UST site typically involves only characteristic wastes (benzene as D018) - the soil is only hazardous if it fails TCLP at the point of generation.
Indiana follows the federal contained-in policy framework through 329 IAC 3.1. Consult the IDEM project manager for site-specific application, as the determination process involves coordination between the cleanup program and IDEM’s waste management staff.
When Contained-In Applies
Listed Waste Scenarios
Contained-in applies whenever soil, groundwater, or other environmental media are contaminated by a listed hazardous waste. Common scenarios in Indiana include:
- Solvent contamination from manufacturing or degreasing operations (F001, F002 spent solvents - includes trichloroethylene, methylene chloride, perchloroethylene)
- Electroplating waste from metal finishing operations (F006 - wastewater treatment sludge from electroplating)
- Wood treating chemicals from former wood treatment facilities (F027, K001 - creosote and pentachlorophenol wastes)
- Discarded commercial chemical products (P and U listed wastes - includes common chemicals like mercury, chloroform, formaldehyde)
The listing applies regardless of concentration. Even trace amounts of a listed hazardous waste in soil technically trigger contained-in status, though the practical determination of when media can exit contained-in status involves a concentration-based evaluation.
Characteristic Waste Scenarios
For characteristic wastes, the analysis is different. Soil contaminated by a characteristic hazardous waste is only hazardous waste if the soil itself exhibits the hazardous characteristic when tested at the point of generation (typically the point of excavation). The four characteristics are:
- Ignitability (D001) - flash point below 140 degrees F
- Corrosivity (D002) - pH below 2 or above 12.5
- Reactivity (D003) - unstable, reacts with water, generates toxic gases
- Toxicity (D004-D043) - TCLP leachate exceeds regulatory levels for specific chemicals
The TCLP (Toxicity Characteristic Leaching Procedure) is the standard test for the toxicity characteristic. If excavated soil passes TCLP for all applicable constituents, it is not a characteristic hazardous waste and can be managed as a solid waste.
Most petroleum contamination involves characteristic wastes only (benzene as D018, lead as D008 in leaded gasoline sites). This is why petroleum-contaminated soil is usually manageable as a solid waste after TCLP confirmation.
Exiting Contained-In Status
The key practical question at most cleanup sites is: when can contaminated media exit contained-in status and be managed as non-hazardous waste?
For Listed Wastes
Media contaminated by listed wastes must be managed as hazardous waste until IDEM (or EPA, for federally-overseen sites) determines that the media no longer “contains” the listed waste. This determination is site-specific and requires both analytical demonstration that concentrations of the listed constituents are below levels of concern and IDEM approval of the contained-in determination.
The specific concentration thresholds used for exiting contained-in status are evaluated on a case-by-case basis. Common approaches used by state agencies and EPA regions include health-based levels (such as Published Levels or EPA RSLs), multiples of TCLP regulatory levels, or site-specific risk-based values. The appropriate threshold for a given site should be discussed with the IDEM project manager early in the project, as the determination criteria may depend on the specific listed waste, the media being evaluated, and the intended disposition of the material.
IDEM’s guidance on contained-in determinations for live-loading soil (available on the Technical Guidance page) describes the requirements for loading contaminated soil directly into transport vehicles for off-site management when the contained-in determination is pending or in process.
For Characteristic Wastes
Media contaminated by characteristic wastes exit hazardous waste status when they no longer exhibit the characteristic. For the toxicity characteristic (the most common), this means the media passes TCLP. No formal agency determination is required - the generator (the entity excavating or managing the soil) makes the determination based on analytical data.
However, the “derived-from” rule applies to treatment residues. If you treat soil that exhibits a characteristic to remove the characteristic, the treatment residue is still derived from the original characteristic waste. In practice, for characteristic wastes (unlike listed wastes), the derived-from rule is less restrictive because the residue is only hazardous if it continues to exhibit a characteristic. Confirm the applicability of the derived-from rule for your specific scenario with the IDEM project manager.
Disposal Implications
The contained-in status of excavated soil directly determines disposal options and costs:
Soil That Is Hazardous Waste
- Must be managed under RCRA Subtitle C requirements
- Requires a hazardous waste manifest for transport
- Must be sent to a permitted RCRA Treatment, Storage, and Disposal Facility (TSDF)
- Disposal costs are significantly higher (often 5-10x the cost of Subtitle D disposal)
- Generator must have an EPA ID number
- Generator requirements apply (accumulation time limits, container standards, reporting)
Soil That Is Not Hazardous Waste
- Managed as solid waste under Subtitle D
- Can be disposed of at a permitted solid waste landfill (subject to landfill acceptance criteria)
- May be eligible for beneficial reuse depending on contaminant concentrations
- Lower regulatory burden and disposal cost
Soil Characterization Before Excavation
Before excavating contaminated soil, determine its waste classification:
- Research the release history. Were listed hazardous wastes ever used, stored, or disposed of at the site? If yes, contained-in may apply.
- Review the waste codes. Identify all applicable EPA waste codes for the known or suspected wastes.
- Collect samples for waste characterization. Analyze soil from the planned excavation area by TCLP and total constituent analysis.
- Make the determination. If the soil contains listed waste, coordinate with IDEM on a contained-in determination before excavation. If the soil only involves characteristic waste, evaluate TCLP results against regulatory thresholds.
Document the waste determination thoroughly. The determination must be defensible if challenged by IDEM or the receiving facility.
Contained-In at RCRA Corrective Action Sites
Sites undergoing RCRA corrective action under IDEM oversight (regulated under 329 IAC 3.1 and the WASTE-0015-NPD-R1 program guide) have additional considerations. Corrective action may involve excavation of soil that is contained-in listed wastes previously managed at RCRA-regulated units. The corrective action remedy must address both the cleanup of contamination and the proper management of any hazardous waste generated during the cleanup. The IDEM RCRA project manager coordinates with the corrective action team on contained-in determinations at these sites.
Comparison to Ohio
| Feature | Indiana | Ohio |
|---|---|---|
| Contained-in framework | Federal policy adopted through 329 IAC 3.1 | Federal policy adopted through OAC 3745-51 |
| Exit criteria for listed wastes | Case-by-case; coordinate with IDEM PM | Case-by-case; Ohio EPA evaluates on site-specific basis |
| Characteristic waste determination | Generator makes determination via TCLP | Generator makes determination via TCLP |
| Approval authority | IDEM for state-overseen sites | Ohio EPA for state-overseen sites |
| Live-loading guidance | IDEM contained-in guidance for live-loading soil | Ohio EPA DMWM guidance on contaminated soil management |
The federal framework is the same in both states. Practical differences arise from how each state’s regulatory staff applies the policy - exit criteria thresholds, documentation requirements, and processing timelines may differ between IDEM and Ohio EPA.
Practical Tips
Know your waste codes before you start. The contained-in question begins with waste history. If you do not know whether listed wastes were used at the site, you cannot make an informed contained-in determination. Research historical operations, review available manifests, and check the site’s EPA ID number for listed waste generation codes.
TCLP is your friend at petroleum sites. Most petroleum-contaminated soil does not fail TCLP and can be managed as solid waste. Collect TCLP samples from representative locations within the planned excavation area before mobilizing equipment. This avoids the costly surprise of discovering hazardous soil after excavation has begun.
Coordinate with IDEM early for listed waste sites. If you know listed waste is involved, initiate the contained-in determination discussion with the IDEM project manager as early as possible. The determination may require additional analytical data, and IDEM coordination takes time. Do not wait until excavation is imminent.
Consider treatment alternatives. For soil that is contained-in listed waste, on-site or ex-situ treatment may be more cost-effective than hazardous waste disposal at a TSDF. Treatment technologies such as thermal desorption, chemical oxidation, or stabilization may reduce constituent concentrations below exit criteria, allowing the treated material to be managed as non-hazardous waste.
Review the live-loading guidance. If your project involves loading contaminated soil directly into transport vehicles (rather than staging it on site), review IDEM’s contained-in determination criteria for live-loading soil, available on the IDEM Technical Guidance page. This guidance describes when live-loading is appropriate and the requirements for conducting it.
Document everything. The waste determination is a legal document. Maintain the analytical data, waste history research, IDEM correspondence, and the basis for your determination. An inadequate determination can result in regulatory violations, disposal facility refusal, or CERCLA liability.
Source
329 IAC 3.1 (Indiana Hazardous Waste Management). IDEM Nonrule Policy Documents: RCRA Closure and Corrective Action Program Guide (WASTE-0015-NPD-R1), Risk-based Closure Guide (WASTE-0046-R2). IDEM Contained-in Determination Criteria for Live Loading Soil. EPA RCRA Contained-In Policy guidance. 40 CFR 261 (Identification and Listing of Hazardous Waste).