3EPA
United State*
Environmental Protection
Agency
Off ice of
Solid Waste and
Emergency Response
DIRECTIVE NUMBER: 9441.03(85)
TITLE: Clarification of the Laboratory Waste Exclusion
•
APPROVAL DATE: 1-23-85
EFFECTIVE DATE: 1-23-85
ORIGINATING OFFICE: office of solid waste
El FINAL
D DRAFT
LEVEL OF DRAFT
DA — Signed by AA or OAA
D B — Signed by Office Director
D C — Review & Comment
REFERENCE (other documents):
OSWER OSWER OSWER
VE DIRECTIVE DIRECTIVE Dl
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261 SUBPART A - GENERAL
DOC: 9441.03(85)
Key Words:
Regulations:
Subject:
Addressee:
Originator:
Source Doc:
Date:
Summary:
Generator, Exclusions, Laboratory Waste
40 CFR 261.4(d), 260.10(a), 261.5
Clarification of the Laboratory Waste Exclusion
Vincent J. Tersegno, 2749 Delk Road, S.E., Marietta, GA 30067
Irene S. Homer, Environmental Protection Specialist, Studies
and Methods Branch
#9441.03(85)
1-23-85
According to the laboratory waste exclusion [§261.4(d)J waste samples are
not subject to all the hazardous waste regulations while the waste is being
handled by the sample collector, transporter and laboratory for the p.urpose of
waste characterization. The term sample collector could refer to the person
who owns the waste or the person who actually removes the waste aliquot for .
analysis. The exclusion is intended to cover any person collecting a poten-
tially regulated sample; therefore, it avoided the use of the word "generator."
At the site where a waste is produced, the storage and transportation prior
to shipment to a testing laboratory is not regulated. The term "generator" is
defined in §260.10 as the person at a given site whose act or process produces
RCRA hazardous waste or whose act first causes a hazardous waste to become
subject to regulation. In many cases, as long as a waste was covered by the
laboratory exclusion, it had no generator. If the waste is sent back to the
site it came from, it would then be subject to regulation, and the generator
would be at the original site. The laboratory would be the generator if the
waste is kept by the laboratory for disposal. If the waste was sent back to
the third party who collected the waste for analysis, that collector would be
the generator.
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9441.03
•*» 23-05
Mr. Vincent J. Tersegno
2749 Delk Road, S.E.
Marietta, Georgia 30067
Dear Mr. Tersegno:
Mr. Mitch Dubensky of the office of water Regulations
and Standards -forwarded your letter dated December 7, 1994, to
the Office of Solid Waste since the exclusion you discussed in
40 CPR £261.4(d) applies to hazardous waste regulated by the
Resource Conservation and Recovery Act.
As you know, the laboratory waste exclusion insures that
waste samples are not subject to al 1 the hazardous waste regula-
tions while the waste is being handled by the sample collector, -
transporter and laboratory for the purposes of waste character-
ization. The amendment specifically avoided using the word
•generator* since the exclusion intended to designate any
person collecting a potentially regulated sample.
The enclosed copy of the September 25, 1981, Federal
Register notice provides further explanatory material in
the preamble. On page 47426, the first full paragraph of the
middle column explains that samples are sent for testing to
determine whether or not the waste is hazardous. Furthermore,
testing to identify the composition or characteristics of a
sample is not treatment as defined in <260.10(a) as stated in
Section C on page 47428. The first sentence at the top of th».
right column on page 47428 says any laboratory that treats or
stores hazardous wastes prior to disposal mnst comply with
applicable RCRA regulations since these activities are not
covered by the exclusion.
The waste is excluded from RCRA regulations as long as it
meets the 5261.4(d) terms. At the site where a waste is produced,
the storage and transportation prior to shipment to a testirq
laboratory is not rejulated. The term "generator" is defined
in $260.10(a) as the person at a given site whose act or process
produces RCRA hazardous waste or whose act first causes a
hazardous waste to become subject to regulation. Therefore,
in many cases, waste covered by the laboratory exclusion has
had no generator as long as the waste is covered by ttv?
laboratory exclusion. If the waste is sent back to the site
it cane fron, the waste would be subject to re~julition th»n,
and the generator would be at the original site. If the wastrt
was kept by the laboratory for disposal, the laboratory is the
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generator. If the waste was sent back to a third party who
collected the waste for analysis, that collector is generator.
(Of course, some of these parties may be snail quantity generators
subject to $261.5.) The second sentence in the second paragraph u.
of Section IX on page 47426 of the preamble says the samples «*
are shipped from the generator or sanple collector, but the . »
regulation only refers to sample collectors. The regulation ^
is worded appropriately because the sample collector may not •=
be the person who is ultimately considered to be the generator n
of the waste. \ 2
- ' - - . • ' *
Enclosed is a copy of the October 30, 1980, Federal Register ^
which specifies that several people may qualify as the generator^ \
of waste. Although the specific examples in Section III £
on pages 72026-7 do not apply directly to your inquiry, the \
multiple definition idea means that the term sample collector 3
could be the person who owns the waste or the person who actually w
removes the waste aliquot for analysis. NO. doubt your laboratory '
has made contractual agreements with your customers regarding - *.
the disposition of samples that specifies returning waste to \
the site it came from, in which case sample collector refers ~
to the company that paid you to take aliquots of waste for them. w
• ' • . • ^*
As you can see, the preambles and Agency explanations •
sometimes clarify the Intent and coverage of the regulations. \
The Office of Solid Waste and Emergency Response sponsors the *
RCRA/Superfund Hotline which can answer many of these kinds of ^
questions toll free on a routine basis at 800-424-9346. Of x.
course, many States have authorized hazardous waste programs 2-
which have taken the place of the RCRA program. States may have £.
more stringent requirements, so you should confer with them .
regarding specific State requirements. The Hotline can provide ^
you with a list of the State Agency contacts. ^
•*
If you have any other questions about this issue, please 3o
do not hesitate to contact me at (202) 3B2-4304.
Sincerely yours,
Irene S. Homer
Snvironnental Protection Specialist
Studies and Methods Branch ( WH-S 5 •> ^)
Enclosures
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