IDEM Contained-In Determinations for Contaminated Soil in Indiana

Soil contaminated by a listed hazardous waste carries that waste’s regulatory status regardless of concentration, and it keeps that status until IDEM (Indiana Department of Environmental Management) determines otherwise. Miss that step and excavated soil gets rejected at the Subtitle D landfill gate, or ends up at a RCRA Treatment, Storage, and Disposal Facility (TSDF) at 5 to 10 times the disposal cost. The contained-in determination is how contaminated media exits hazardous waste status in Indiana, and it requires agency coordination, not just clean lab data.

Listed Waste vs. Characteristic Waste

The contained-in policy is an EPA policy applied through guidance and enforcement practice, not a standalone regulation. Indiana adopts the federal framework through 329 IAC 3.1, with waste identification governed by 40 CFR 261. The critical fork in the analysis:

• Listed wastes (F, K, P, U codes): Media containing a listed waste must be managed as that waste until IDEM determines the media no longer contains it. Even trace concentrations trigger contained-in status.
• Characteristic wastes (D001-D043): Media are hazardous only if they exhibit the characteristic at the point of generation. If excavated soil passes TCLP (Toxicity Characteristic Leaching Procedure), the generator makes the non-hazardous determination without agency approval.

What this means in practice: a trichloroethylene release from a degreasing operation (F001/F002) puts every cubic yard of impacted soil under Subtitle C until IDEM signs off. A gasoline release involving benzene as D018 usually resolves with passing TCLP results and no formal determination.

How IDEM Evaluates the Request

Exit Criteria for Listed Wastes

There is no fixed statewide exit concentration. IDEM evaluates contained-in requests case by case, and the threshold may depend on the specific listed waste, the media, and where the material is going. Common approaches include health-based levels such as Published Levels or EPA Regional Screening Levels, multiples of TCLP regulatory levels, or site-specific risk-based values. Raise the question with the IDEM project manager early, because the determination involves coordination between the cleanup program and IDEM’s waste management staff.

Live-Loading Soil

If the project loads contaminated soil directly into transport vehicles rather than staging it on site, IDEM has published separate contained-in determination criteria for live-loading soil, available on the IDEM Technical Guidance for Cleanups page. Review it before scheduling trucks.

Characterizing Soil Before Excavation

1. Research the release history. If listed wastes were ever used, stored, or disposed of at the site, contained-in may apply. Check historical operations, manifests, and the site’s EPA ID generation codes.
2. Identify all applicable waste codes for known or suspected wastes.
3. Sample the planned excavation area for TCLP and total constituent analysis before mobilizing equipment.
4. Coordinate with IDEM before digging if listed waste is involved. The determination takes time and may require additional analytical data.

Document the determination thoroughly, including the waste history research and IDEM correspondence. An inadequate determination risks regulatory violations, facility refusal, and CERCLA liability.

Ohio note: Ohio adopts the same federal contained-in framework through OAC 3745-51, with Ohio EPA evaluating exit criteria on a site-specific basis. Documentation requirements and timelines differ between the two agencies.

The Indiana contained-in determination guide covers exit criteria and RCRA corrective action sites in more depth. For the underlying listed versus characteristic analysis, see our hazardous waste determination guide.