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Hide details for Exclusions (RCRA)Exclusions (RCRA)
06/23/2017RECALLED TAKATA AIRBAG INFLATORSMemo
 Description: This memorandum discusses how RCRA regulations apply to recalled Takata airbag inflators that are subject to the 2015 Preservation Order issued by the US DOT. The Takata airbag inflators are not subject to RCRA Subtitle C regulatory requirements while they are being held under the 2015 DOT Preservation Order because EPA does not consider airbag inflators or other explosives to be “discarded” and therefore subject to the hazardous waste regulations while they are being stored pending judicial proceedings or investigations. At the point the inflators are released from the Preservation Order and other legal action related to the recall, the inflators would be considered solid waste and subject to a hazardous waste determination and any applicable RCRA regulations. EPA considers discarded gas-generating-propellant airbag inflators to exhibit the characteristic of reactivity, waste code D003 (40 CFR 261.23(a)(6)) and airbag inflators containing an oxidizer to exhibit the characteristic of ignitability, waste code D001 (40 CFR 261.21(a)(4)). Deployment of airbag inflators is considered treatment of a hazardous waste and may require a permit if RCRA exemptions and exclusions do not apply. For example, incineration requires a RCRA permit regardless of future materials reclamation.
 
02/24/2017SCRAP METAL RECYCLINGMemo
 Description: Scrap tantalum anodes, wire, pellets, and pins meet the definition of scrap metal found at 40 CFR 261.1(c)(6) and would not be subject to RCRA hazardous waste regulation when recycled under the solid waste exclusion found at 40 CFR 261.4(a)(13) (if processed) or under the hazardous waste exemption found at 40 CFR 261.6(a)(3)(ii) (for all other materials). Tantalum powders would only meet the definition of scrap metal if they have been "agglomerated" in such a way that the agglomerated powders physically resemble other types of scrap metal (i.e., bits and pieces of metal parts). Non-agglomerated tantalum powders would not meet the definition of scrap metal.

(EXPORT REQUIREMENTS DISCUSSED IN MEMO SUPERSEDED: 40 CFR 262 Subparts E and F removed, See 40 CFR 262 Subpart H and 81 FR 85696; 11/28/2016)
 
10/03/2016APPLICABILITY OF THE MANUFACTURING PROCESS UNIT (MPU) EXEMPTION AT 40 CFR 261.4(C) TO FILTER CANISTERSMemo
 Description: The manufacturing process unit (MPU) exemption at 40 CFR 261.4(c) is not applicable to hazardous wastes generated in and remaining in filter canisters when such canisters are disconnected from an associated manufacturing process. Any hazardous waste within the disconnected canisters becomes subject to RCRA regulations, such as the obligation to make a hazardous waste determination and meet other applicable hazardous waste generator, transporter, and treatment, storage and disposal facility requirements, when the canister is disconnected.
 
07/22/2016NHSM CLARIFICATION LETTERMemo
 Description: This letter informs EPA that ReCommunity has changed its name to Accordant Energy, LLC (SEE ALSO: Memo, Berlow to O’Brien and Wyman; August 24, 2012 (RO 14863)).
 
01/20/2016BACKGROUND PAPER FOR EVALUATING THE USE OF CATHODE RAY TUBE (CRT) GLASS AS A SUBSTITUTE FOR LEAD OXIDE IN CERAMIC TILE MANUFACTURINGMemo
 Description: On September 10, 2014, EPA issued a letter regarding the use of cathode ray tube (CRT) funnel glass as a substitute for lead oxide in the production of ceramic tiles (SEE: Memo, Johnson to York; September 10, 2014 (RO 14845)). In that letter, EPA found that CRT funnel glass may be excluded from RCRA hazardous waste regulations under the “use/reuse” exclusion (40 CFR 261.2(e)) for hazardous secondary materials used as an ingredient to make a product or used as an effective substitute for a commercial product, as long as that use is legitimate. This paper provides background information that EPA considered in developing the September 2014 letter.
 
12/23/2014DETERMINING WHETHER STATE HAZARDOUS WASTE REQUIREMENTS ARE MORE STRINGENT OR BROADER IN SCOPE THAN THE FEDERAL RCRA PROGRAMMemo
 Description: State provisions that EPA determines are more stringent are part of the federally authorized program and are federally enforceable, while state provisions that EPA determines are broader in scope are not part of the federally authorized program and thus are not federally enforceable. In determining whether a particular state provision is more stringent or broader in scope, two questions should be answered sequentially: 1.) Does imposition of the particular state requirement increase the size of the regulated community or universe of wastes beyond what is covered by the federal program through either directly enforceable (i.e., independent) requirements or certain conditions for exclusion? 2.) Does the particular state requirement under review have a counterpart in the federal regulatory program?
 
09/10/2014RESPONSE TO QUESTIONS ON PROCESSED CATHODE RAY TUBE (CRT) GLASS USED AS ALTERNATIVE DAILY COVERMemo
 Description: Grinding and stabilizing cathode ray tube (CRT) glass, a D008 hazardous waste, is considered treatment. Treatment of hazardous waste generally requires a RCRA Part B permit; however, a permit would not be required for treatment of CRT glass if such treatment is conducted by the generator of the hazardous CRT glass in compliance with applicable 40 CFR 262.34 generator requirements, as well as the Part 268 land disposal restrictions (LDRs), and the treatment is not thermal treatment. EPA Method 1311 must be used on CRT glass to determine compliance with the LDR treatment standards, and any underlying hazardous constituents in the CRT glass must be treated to attain the universal treatment standards in 268.48. If CRT glass is not excluded as a solid waste under 261.2(e)(1)(ii) or 261.4(a)(22), then that CRT glass would be subject to solid and hazardous waste regulations at the point of generation. The point of generation for CRT glass would be when a person decides to discard the glass and it becomes a solid waste, and the person making the decision is the generator of solid waste. CRT glass that has been treated in accordance with LDRs and that no longer exhibits hazardous characteristics may be disposed in a municipal or Subtitle D landfill, including use of treated CRT glass as alternative daily cover.
 
09/10/2014USE OF CATHODE RAY TUBE (CRT) GLASS AS A SUBSTITUTE FOR LEAD OXIDE IN THE MANUFACTURING OF CERAMIC TILESMemo
 Description: Based on the information provided for a scenario of processing cathode ray tube (CRT) funnel glass and exporting the glass to be used as a substitute for lead oxide in the production of ceramic tiles, EPA finds the legitimate recycling factors set forth in EPA policy appear to have been met. Specifically, the CRT funnel glass provides a useful contribution both to the recycling process and to the product of the recycling; the recycling process produces a valuable product, the ceramic tiles; the hazardous secondary material, the CRT funnel glass, is managed as a valuable commodity; and the product of the recycling process, the ceramic tiles, is comparable to a legitimate product. Therefore, EPA finds that the CRT funnel glass legitimately used as an effective substitute in the production of ceramic tiles to be excluded from the solid and hazardous waste regulations under 40 CFR 261.2(e). Additionally, because CRT funnel glass managed under this exclusion would not be RCRA hazardous waste in the United States, the CRT glass would not be subject to notice and consent under US export regulations in Part 262, Subparts E or H. However, because CRT glass is a listed hazardous waste under the Organization for Economic Cooperation and Development's (OECD) Council Decision, it would be subject to applicable regulations in the countries of transit and import implementing the OECD Council Decision.
 
04/01/2014APPLICABLE RCRA REGULATIONS FOR RECYCLING CATHODE RAY TUBE (CRT) GLASSMemo
 Description: The regulations at 261.4(a)(22) and 261.39 would apply to the recycling of used cathode ray tubes (CRTs), both intact and broken. The exclusion at 261.39(c) only applies to processed CRT glass sent for recycling to a CRT glass manufacturer or a lead smelter; the provision would not apply to a mechanical process used to recycle CRT glass into lead and silica sand. The generator of the hazardous CRT glass may recycle the glass in an on-site hazardous waste generator accumulation unit without a hazardous waste permit, provided they are in compliance with the applicable requirements in 262.34 and the treatment is not thermal treatment. If the lead or silica were applied to or placed on the land or used in foundations or other land placement activities, EPA would consider it to be a recycled material used in a manner constituting disposal and subject to the regulations in Part 266, Subpart C. These regulations require that the product of the recycling meet the applicable land disposal restriction (LDR) treatment standards in Part 268, Subpart D prior to placing the material on the land. Under RCRA, all recycling must meet the criteria for legitimate recycling.
 
04/24/2013REGULATORY STATUS OF CATHODE RAY TUBE (CRT) PROCESSED GLASS SENT TO COPPER SMELTERSMemo
 Description: Under 40 CFR 261.4(a)(22)(iv), processed cathode ray tube (CRT) glass is excluded from solid and hazardous waste regulation, provided it meets the requirements of 261.39(c). Section 261.39(c) requires that the CRT glass is destined for recycling at a CRT glass manufacturer or a lead smelter and the glass is not speculatively accumulated as defined in 261.1(c)(8). This exclusion does not apply to CRT processed glass sent to copper smelters (SEE ALSO: 71 FR 42928, 42937; July 28, 2006). However, processed CRT glass used as an effective substitute for virgin fluxing agent at copper smelters would be excluded from solid and hazardous waste regulation under 261.2(e)(1)(ii) (SEE ALSO: 71 FR 42928, 42937; July 28, 2006; Memorandum, Shapiro to Richter; March 8, 1995 (RO 11900)).
 
08/24/2012EPA RESPONSE TO RECOMMUNITY REGARDING REENGINEERED FEEDSTOCKMemo
 Description: This letter is an example of an EPA decision regarding 40 CFR Part 241, the identification of non-hazardous secondary materials that are solid waste. Based on the information provided, EPA believes that the ReEngineered Feedstock proposed to be generated by ReCommunity, Inc. would be considered a non-waste fuel under the 40 CFR Part 241 regulations. (Note: This letter includes a subsequent letter from July 22, 2016, informing EPA that ReCommunity has changed its name to Accordant Energy).
 
02/11/2011COMBINING EXCLUDED HAZARDOUS SECONDARY MATERIALS WITH OTHER SIMILAR HAZARDOUS WASTES PRIOR TO RECLAMATIONMemo
 Description: The regulatory status of the material depends on how the generator who sent the materials chose to manage and transfer the materials off-site. A reclaimer mixing excluded hazardous secondary materials with regulated hazardous wastes of the same type may only mix the materials for the purpose of reclamation. The reclaimer must manage the excluded hazardous secondary materials under 261.4(a)(24) up to the point that they mix the excluded materials with similar materials that are regulated hazardous wastes. After mixing the excluded hazardous secondary materials with regulated hazardous wastes, the reclaimer must manage the entire mixture as hazardous waste for the purpose of reclamation and comply with the standard hazardous waste regulations applicable to hazardous waste managed by an off-site reclaimer (i.e., 40 CFR 261.6(c) and (d) or 40 CFR Parts 264 or 265). Mixing “for the purpose of reclamation” can be satisfied by mixing in units that are dedicated for reclamation, such as storage units that are connected to reclamation units by hard pipes or other conveyances; storage units that are solely used to store materials prior to the reclamation process; and recycling units. Excluded hazardous secondary materials cannot be mixed with regulated hazardous wastes and still maintain the exclusion from the definition of solid waste. If excluded hazardous secondary materials are mixed with hazardous wastes, the resulting mixture is a hazardous waste. This mixing activity by the reclaimer does not affect the requirements applicable to generators who shipped the hazardous secondary materials, provided that the hazardous secondary materials are transferred for the purpose of reclamation and the reclaimer complies with all applicable conditions of 261.4(a)(24) prior to mixing.
 
09/15/2010STATUS OF SPENT SYNTHETIC PIT LINERS USED IN OIL AND GAS EXPLORATION AND PRODUCTION (E&P) OPERATIONSMemo
 Description: Synthetic pit liners used in oil and gas exploration and production (E&P) operations are not intrinsic to or uniquely associated with operations associated with the exploration, development, or production of crude oil and natural gas. Therefore, although spent synthetic pit liners are wastes derived from E&P operations, they are not covered by the exemption. (See Also: RO 14815)
 
09/15/2010STATUS OF SPENT SYNTHETIC PIT LINERS USED IN OIL AND GAS EXPLORATION AND PRODUCTION (E&P) OPERATIONSMemo
 Description: Synthetic pit liners used in oil and gas exploration and production (E&P) operations are not covered by the exploration and production exemption because they are not intrinsically derived from, or uniquely associated with, operations associated with the exploration, development, or production of crude oil and natural gas. Not all wastes generated by E&P operations are exempt; EPA has consistently interpreted that the exemption extends only to those wastes studied in the Report to Congress or otherwise identified in the 1988 Regulatory Determination or the 1993 Clarification. Reserve pits are an integral part of drilling operations but are not intrinsic to drilling operations. Synthetic liners are used for a variety of other applications and therefore not "uniquely associated" with E&P operations. Synthetic liners are not employed to facilitate the extraction, development, and production of the resource; rather, they are employed to facilitate its containment. EPA does not consider the placement of exempt E&P waste on a non-exempt pit liner to constitute the creation of a mixture. Mixtures constitute a comingling or blending of two or more substances. (See Also: 14816)
 
03/30/2010COMMINGLING OF EXCLUDED HAZARDOUS SECONDARY MATERIALSMemo
 Description: Excluded hazardous secondary materials cannot be commingled with regulated hazardous waste and still maintain the exclusion from the definition of solid waste. The same unit can be used to manage hazardous waste and excluded hazardous waste, provided that the hazardous waste and associated residues are removed from the unit before processing the excluded hazardous secondary materials. Procedures for cleaning units to ensure wastes are not commingled should be obtained from the state or regional implementing agency.
 
01/15/2010MANAGEMENT OF CONTAMINATED HUMAN REMAINS AND PERSONAL EFFECTS FROM HOMELAND SECURITY EVENTSMemo
 Description: EPA does not consider RCRA to apply to human remains that are cremated or buried. EPA also does not consider RCRA to apply to contaminated human remains from a biological, radiological, or nuclear event. Most personal effects generated from a Homeland Security event would be exempt from the federal hazardous waste requirements pursuant to the household hazardous waste exemption.
 
08/01/2009Identification and Listing of Hazardous Waste 40 CFR 261.4(b): Exclusions: Solid Wastes which are Not Hazardous Wastes: A User-Friendly Reference DocumentPublication
 Description: This web-based document serves as a user-friendly reference to assist EPA and state staff, industrial facilities generating and managing hazardous wastes, and the general public in locating and understanding the regulations specific to the solid wastes which are not hazardous waste, located in 40 CFR 261.4(b).
 
12/01/2007Environmental Fact Sheet: EPA Finalizes Revision to RCRA Hazardous Waste Program to Promote Sustainable Recycling of Oil-Bearing Materials Into FuelPublication
 Description: This fact sheet discusses the revising of the oil-bearing hazardous secondary materials exclusion to allow for the recycling of oil-bearing hazardous secondary materials, such as sludges or other byproducts, generated by the petroleum industry when they are gasified at a petroleum refinery for the production of synthesis gas fuel. Gasification will join distillation, catalytic cracking, and fractionation as recognized petroleum refining processes.
 
07/18/2007APPLICABILITY OF THE 40 CFR 261.4(A)(2) EXCLUSION FOR TREATED EFFLUENT IN DIVERTED FOR SPRAY IRRIGATION Memo
 Description: Wastewater sprayed onto a landfill cap does not qualify for the Industrial Wastewater Discharge Exclusion. Wastewater that is diverted to land application and not discharged to waters of the United States is not point source discharge subject to regulation under the Clean Water Act (CWA) and therefore does not qualify for the RCRA exclusion, even if it is part of a KPDES permit. Unless it is delisted, the land application of the wastewater will constitute illegal disposal of hazardous waste.
 
06/01/2007Assessment of the Potential Costs, Benefits, and Other Impacts of the Expansion of the Comparable Fuel Exclusion - Proposed RulePublication
 Description: This report analyzes the costs, benefits, and other impacts of the proposed rule to expand the comparable fuel exclusion to emission-comparable fuel and two alternative options to the rule considered by EPA.
 
05/31/2007Draft Technical Support Document for the Expansion of the Comparable Fuels ExclusionPublication
 Description: This document presents supporting information for the proposed expansion of the comparable fuels rulemaking to emission-comparable fuel (ECF). It discusses ECF constituents; provides information on the industrial boiler designs and fuels used in these boilers; discusses the use of CO as an indicator for incomplete combustion; describes a qualitative risk assessment conducted for dioxins and furans and compares organics data between hazardous waste burning boilers and industrial boilers; describes the compliance conditions for ECF generators and burners; and presents the costs and savings for generators and burners.
 
05/31/2007Environmental Fact Sheet: EPA Proposes to Expand Comparable Fuels ExclusionPublication
 Description: This fact sheet discusses the proposed rule to expand the hazardous waste comparable fuels exclusion to encompass a new category of liquid hazardous waste-derived fuel known as emission-comparable fuel (ECF). ECF is fuel that is produced from a hazardous waste but which generates emissions when burned in an industrial boiler that are comparable to emissions from burning fuel oil. In other words, the fuels are comparable from an emissions standpoint but not from a physical standpoint.
 
05/21/2007APPLICABILITY OF RCRA TO DISPOSAL OF UNIFIED GROUP RATION - EXPRESS (UGR-E)Memo
 Description: For disposal of expired flameless heaters in Unified Group Ration - Express (UGR-E), EPA believes that it is unlikely that intact UGR-Es would be RCRA hazardous waste when disposed. For disposal of unused, individual chemical heaters by a unit, although the heaters may exhibit the characteristic of reactivity, EPA believes unused individual heaters taken from an UGR-E issued for use in the field are excluded under the household waste exclusion. Therefore, EPA urges generators and handlers to manage unused heaters carefully and recycle them if possible.
 
10/29/2004CLASSIFICATION AND DISPOSAL OF WASTE FLAMELESS RATION HEATERSMemo
 Description: The disposal of flameless ration heaters (FRHs) that are discarded by individual soldiers issued Meals, Ready-to-Eat (MREs) is excluded from RCRA Subtitle C regulation under the household waste exclusion. It is unlikely that multiple, unused MREs (that contain FRHs) would be RCRA hazardous waste when disposed. EPA generally considers multiple unused FRHs (not packaged with MREs) that are discarded to be a D003 reactive waste which, therefore, must be managed as a RCRA hazardous waste when disposed.
 
10/01/2004REGULATORY STATUS OF ENVIRONMENTAL MEDIA THAT HAS ENTERED A LEAKING UNDERGROUND STORAGE TANK (UST)Memo
 Description: Environmental media contaminated as a result of migration into a petroleum UST are not eligible for the exclusion in 40 CFR 261.4(b)(10). Contamination of media or debris entering a UST is not due to a petroleum release from a tank system; rather, the contamination results from the petroleum contents within the UST. Therefore, contaminated media or debris inside the UST would not qualify for the exclusion and should be managed as hazardous waste if it exhibits any characteristics of hazardous waste.
 
07/21/2004SPENT SULFURIC ACID USED AS FEEDSTOCKMemo
 Description: Spent sulfuric acid used to produce virgin sulfuric acid is not a solid waste. The exclusion does not apply if spent sulfuric acid is accumulated speculatively. The general range of the concentration of spent sulfuric acid is 5-100%.
 
03/29/2004PROPOSED CHANGES TO THE DEFINITION OF SOLID WASTE Memo
 Description: Proposal for changes to the definition of solid waste regulations include how secondary materials are regulated when they are recycled. The two major components of the proposed rule include a regulatory exclusion for materials recycled in a continuous process within the generating industry and codification of criteria for determining whether recycling is legitimate.
 
01/06/2004WOOD MULCH DERIVED FROM WASTE LUMBER PRESERVED WITH CHROMATED COPPER ARSENATE (CCA)Memo
 Description: Discarded arsenical-treated wood or wood products that are utilized for their intended end use and are only hazardous for waste codes D004 through D017 are excluded from RCRA regulation in 261.4(b)(9). Intended end uses of arsenical-treated wood products, including CCA-treated wood, are as building materials. CCA-treated wood used to produce wood mulch is not the materials' intended end use. Therefore, wood mulch produced from CCA-treated wood is not excluded in 261.4(b)(9). The Consumer Awareness Program (CAP) and the Consumer Safety Information Sheet for Inorganic Arsenical Pressure-Treated Wood discourage the use of CCA-treated wood as mulch.
 
01/01/2004CONTAMINATED MEDIA AND DEBRIS FROM RESIDENTIAL HEATING OIL TANKSMemo
 Description: An UST storing heating oil for consumptive use on the premises where stored is not covered under the exclusion for petroleum-contaminated media and debris in 261.4(b)(10). These tanks are excluded from the definition of an UST in 280.12. Contaminated media and debris from a residential UST are household wastes as described in 261.4(b)(1).
 
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