Disclaimer: This page provides a brief overview of contained-in determinations.
EPA’s "Contained-in" principle is the basis for DEC’s long-standing implementation of hazardous waste management requirements to mixtures of environmental media and hazardous waste. A “Contained-In” Determination is primarily intended for situations where contaminated environmental media and/or debris are expected to contain low concentrations of listed hazardous waste for which treatment may not be practical or feasible. Environmental media and debris include, but are not limited to, groundwater, soil, vegetation (e.g., tree trunks), and purge water. Environmental media and debris are typically derived from environmental remediation projects, spill cleanup, and construction activities.
Environmental media or debris are not solid wastes until they have been generated (i.e., excavated, actively managed, disturbed). When the environmental media is generated, the environmental media becomes a solid waste and a hazardous determination must be made on the waste.
Environmental media and debris containing hazardous constituents from listed hazardous waste, identified in 6 NYCRR Part 371, must be managed as hazardous waste unless or until the media contains hazardous constituent concentrations that are at or below the “contained-in” criteria concentrations and the generator of the waste receives a written confirmation from DEC that the waste may be disposed of as non-hazardous waste.
There are two NYS regulations that subject environmental media or debris to hazardous waste requirements:
- 6 NYCRR 371.1(d)(3)(i) - a hazardous waste remains a hazardous waste unless and until certain specified events occur; and
- 6 NYCRR 371.1(d)(4)(ii) - a waste remains a listed waste until de-listed.
These regulations also apply to hazardous waste after it has been released to the environment and mingled with environmental media or debris. EPA has interpreted these regulations to allow for "contained-in" determinations by EPA and RCRA-authorized state agencies, such as DEC.
NYS "Contained-In" Determinations
To qualify for a contained-in determination in New York State, the environmental media or debris must meet the land disposal restriction treatment standards in 6 NYCRR 376.4 for the listed waste codes associated with the waste and must not be a characteristic hazardous waste. Please send any questions related to contained-in requests to [email protected].
What Can Receive a Contained-in Determination?
- Debris & environmental media contaminated by listed hazardous waste.
- Accumulated groundwater or rainwater at construction projects.
- Debris, including plant and animal matter, as defined by the regulation.
- Pumped-out groundwater or rainwater discharged to groundwater or to on-site treatment units.
- Sediment consisting primarily of naturally occurring geologic material which has been separated by filtration or sedimentation techniques from pumped-out groundwater or rainwater.
- Sediment consisting primarily of naturally occurring geologic material which has been removed from surface water bodies by physical processes and subsequently de-watered by filtration or sedimentation techniques.
- Soil that will be disposed of or reused on-site.
- Soil that will be transported off-site for final disposal or reuse either before treatment or without treatment.
- Surface water separated from its sediment and discharged to groundwater or to on-site treatment units.
What Cannot Receive a Contained-in Determination?
- Environmental media and debris contaminated by listed hazardous waste and exhibiting a hazardous waste characteristic. (May be eligible for a contained-in determination after the characteristic is removed. Please note, removal characteristics is considered hazardous waste treatment. This activity would require an exemption for treatment or a hazardous waste permit.)
- Environmental media contaminated after promulgation of the listed waste's Land Disposal Restrictions (LDRs) and that fails to meet applicable LDRs for wastewater and non-wastewater.
- Wastes that do not meet the definition of environmental media or debris:
- Process wastewater sludge and wastewater sludge contaminated by listed hazardous waste.
- Sludge generated by treating groundwater, rainwater and surface water with precipitation chemicals.
- Process residuals (e.g., activated carbon, scarified waste) produced by treatment of an environmental medium or debris.
- Wastes containing PCBs at concentrations greater than 50 parts per million (ppm), which are defined as a hazardous waste in 6 NYCRR 371.4(e).
Requirements for a Contained-in Request
DEC requires entities requesting a contained-in determination to submit the following information to the email address provided below.
Please make the subject of emails in this format: Contained in Request - [insert EPA ID Number/DEC remediation site ID number] - [Insert Site Name])
DEC may request additional documentation on a case-by-case basis.
- Site Description: Includes operations or processes that occurred at the site (e.g., dry cleaning operations) and current state of the site (e.g., empty lot, grassland)
- Site Figure(s): Includes site sample points (boring locations and/or well sample points). The figure must also include any delineations for hazardous waste areas.
- Lab analysis: DEC will require analytical data about the hazardous waste characteristics of the environmental media or debris as described under 6 NYCRR 371.3 (i.e., ignitability, pH, reactivity and toxicity). Also, DEC will require data on the underlying hazardous constituents for all listed wastes associated with the site. Please refer to 6 NYCRR 376.4(j) for underlying hazardous constituents of listed wastes.
Please send contained-in requests to [email protected].
IMPORTANT: If files are larger than 25 MB, they must be sent through our Aspera site rather than normal email: https://mysend.ny.gov/nys/send/to/dropbox/contained-inrequest.
