(D)  Aggravated Felony.  Disposal of hazardous waste should not be considered an aggravated felony offense, because there is no element of the offense that mentions controlled substances.[117]  It is not an aggravated felony under prong I of the drug trafficking definition, because there is no commercial element, and it is not an aggravated felony under prong II of the drug trafficking definition, because this offense is not punishable under any of the three listed federal controlled substances statutes.[118]  This offense does not fall within any other aggravated felony category.

[117] INA § 101(a)(43)(B), 8 U.S.C. § 1101(a)(43)(B). 

[118] Ibid.

Ninth Circuit

SAFE HAVENS - HAZARDOUS WASTE - FEDERAL
United States v. Barken, ___ F.3d ___ (9th Cir. June 27, 2005) (sentence for unlawful transportation and disposal of hazardous material without a permit remanded under United States v. Booker, 125 S.Ct. 738 (2005)).
http://caselaw.lp.findlaw.com/data2/circs/9th/0350441p.pdf