^£Dsr%
£ (Ql ^
% wj
EPA530-R-07-003
February 2008
Version 1
Definition of Solid Waste Compendium
Volume A: Exclusions
Hazardous Waste Identification Division
Office of Solid Waste
U.S. Environmental Protection Agency
This document was prepared by ICF Incorporated, L.L.C. under Contract EP-W-07-003
-------
RCR, 4 Definition of Solid Waste Compendium - Volume A: Exclusions
Navigation Tips
To improve document navigation:
Using Microsoft Word
1. Use the C- (back) and (forward) buttons to navigate between document locations
accessed via hyperlinks. These buttons can be accessed from the Navigation toolbar
(View > Toolbars > Navigation). Alternatively, use ALT + Left (back) and ALT +
Right (forward).
2. Use the Document Map. To show the Document Map, go to View > Document Map.
Using Adobe Reader (PDF)
1. Use the (back) and J (forward) buttons to navigate between document locations
accessed via hyperlinks. These buttons are found on the Navigation bar at the bottom
of the document window.
2. Use the Bookmarks listed in the Bookmarks tab (located on the left-hand side of the
document window).
Document Layout (arrows represent hyperlinks):
Proceed to: Main Index
Navigation Tips
i
-------
RCRA Definition of Solid Waste Compendium - Volume A: Exclusions
Main Index
Volume A: Exclusions
Navigation Tips i
Introduction iii
Topic View 1
Topic View - Subtopics 3
Resources by Topic & Subtopic 9
CFR View 43
Glossary of Acronyms 56
Compendium Volumes
Volume
Topic
A
Exclusions
B
Abandoned Materials
C
Military Munitions
D
Use Constituting Disposal (UCD)
E
Burning for Energy Recovery
F
Reclamation
G
Speculative Accumulation
H
Spent Materials
I
Sludges
J
By-Products
K
Commercial Chemical Products
L
Inherently Waste-Like Materials
M
Use/Reuse
N
Legitimate Recycling
0
Recyclable Materials
P
Precious Metals Reclamation
Q
Spent Lead-Acid Batteries
R
Universal Waste
S
Case-by-Case Variances
T
Incidental Processing
U
(Un)-Contained Gases
V
Waste-Specific Issues
Main Index
ii
-------
RCR, 4 Definition of Solid Waste Compendium - Volume A: Exclusions
Introduction
Return to: Main Index
About the Compendium
The Definition of Solid Waste Compendium serves as a user-friendly reference to
assist Environmental Protection Agency (EPA) and state staff, industrial facilities
generating and managing solid and hazardous wastes, as well as the general public, in
locating resources addressing specific regulatory issues within the federal Definition of
Solid Waste regulations. Please note that this reference is designed to be web-based;
therefore, the usefulness of the document is maximized when it is viewed on a computer
that is connected to the internet.
A frequently mentioned comment from stakeholders is the need for EPA to
improve the user-friendliness of the existing regulations. Commenters note that the
applicable Definition of Solid Waste regulations and relevant guidance materials are
difficult to locate and use. As a result, stakeholders have difficulty in understanding the
regulations and identifying solid waste. The objective of this document is to address
some of the commenters' concerns by consolidating and streamlining the Definition of
Solid Waste into a helpful reference tool that features a user-friendly format, including
references to EPA FAQs (Frequently Asked Questions), letters, memoranda, and
guidance documents that EPA has provided to the public through the years to help
stakeholders interpret the Definition of Solid Waste. This document does not change any
of the existing solid or hazardous waste requirements.
The resources referenced in the Compendium may include Federal Register (FR)
notices, documents from Resource Conservation and Recovery Act (RCRA) Online (e.g.,
RCRA Hotline Q&A's, letters, and memoranda issued by EPA), and other resources, as
well as relevant Code of Federal Regulations (CFR) language. We have attempted to
identify the relevant resources for each Compendium volume topic. However, please
note that EPA could have inadvertently overlooked a relevant document and did not
reference it. Certain available resources, such as superseded RCRA Online documents
and items that were judged to be not pertinent, have not been referenced. Most of the
referenced resources are not included or reproduced in the Compendium; instead,
hyperlinks to the resources are provided. As an exception, we have included a version of
relevant sections of the most current CFR language (as of the date on the cover of the
Compendium) that we have reformatted to make it easier to read and find citations of
interest. In addition, we also provide links to the Government Printing Office's
Electronic Code of Federal Register Web site (e-CFR), which is updated almost daily.
Please note that this document is also not a rulemaking in any way. As well, the
included reformatted CFR language is not a substitute for the CFR itself or the
requirements in the CFR. The Government Printing Office frequently updates the e-CFR
Introduction
iii
-------
RCR, 4 Definition of Solid Waste Compendium - Volume A: Exclusions
Web site; where appropriate, hyperlinks to the respective CFR section at the e-CFR Web
site are provided.
This reference document presents only the federal Definition of Solid Waste.
Most states are authorized to manage their own solid and hazardous waste generator
regulatory program. Therefore, states may have their own set of regulations that apply in
lieu of federal regulations, and while most state solid and hazardous waste regulations are
based on the federal requirements, some states have developed regulations more stringent
than the federal program. We direct you to the following Web site to determine if the
state regulatory program is different from the federal program:
http://www.epa.gov/epaoswer/osw/stateweb.htm.
The Definition of Solid Waste includes multiple subtopics, and is codified under
40 CFR. To help users of the Compendium more quickly identify the information they
need, and to make the Compendium more user-friendly in an electronic environment, the
Compendium has been divided into multiple volumes. These volumes are available
through EPA's Definition of Solid Waste Web site at
www.epa.gov/epaoswer/hazwaste/dsw/index.htm. Because regulations are promulgated
throughout the year, EPA intends to update the Compendium volumes periodically to
remain up-to-date with regulations relating to the Definition of Solid Waste.
About the Exclusions Volume
This volume of the Compendium references resources pertaining to specific
exclusions from the current Definition of Solid Waste. These exclusions are located in
Title 40 of the CFR at Part 261.4. Specifically, the referenced exclusions are those at
261.4(a) and 261 4(b)(13).
This document is organized into three main sections:
Topic View - lists topics and subtopics
Resources - lists resources for a topic or subtopic
CFR View - CFR language we've reformatted for easy reading
The Topic View section lists the exclusions and their subtopics. The Resources section is
comprised of tables, arranged by exclusion topics and subtopics, which provide basic
details about and a hyperlink to each resource. The CFR View section provides
reformatted versions of the relevant CFR language by topic. As noted previously, this
reproduced language is not a substitute for the CFR itself or the requirements in the CFR.
Additionally, the Government Printing Office frequently updates the e-CFR Web site to
which the document is linked; where appropriate, hyperlinks to the respective CFR
section at the e-CFR Web site are provided. These three main sections are cross-
referenced, where each section includes hyperlinks to the other sections for the respective
topic, as well as each section beginning. Please see the "Navigation Tips" section for
document navigation guidance.
Introduction
iv
-------
RCR, 4 Definition of Solid Waste Compendium - Volume A: Exclusions
This reference document does not provide guidance on solid waste or hazardous
waste regulations of beyond determining whether materials are excluded from the
Definition of Solid Waste. For more information regarding the various regulations
applied to facilities generating or managing hazardous waste, see Hazardous Waste
Generators: A User Friendly Reference Document.
The Compendium volumes are also available in Microsoft Word format from
EPA upon request. For more information on these versions and any other questions or
comments concerning this document, please contact EPA's Office of Solid Waste:
Amanda Geldard
geldard.amanda@epa.gov
(703) 347-8975
Teena Wooten
wooten.teena@epa.gov
(703) 308-8751
Introduction
v
-------
RCR, 4 Definition of Solid Waste Compendium - Volume A: Exclusions
Topic View
Return to: Main Index
A. Resources Applicable to All Exclusions
B. Specific Exclusions
Exclusions at §261.4(a)
1. Domestic sewage (Publicly Owned Treatment Works (POTW) exclusion)
[§261.4(a)(1)]
Show Subtopic Outline | CFR View (CFR text)
2. Industrial wastewater point source discharges [§261.4(a)(2)]
Show Subtopic Outline | CFR View (CFR text)
3. Irrigation return flows [§261.4(a)(3)]
Show Subtopic Outline | CFR View (CFR text)
4. Source, special nuclear, or by-product material as defined by the Atomic Energy
Act [§261.4(a)(4)]
Show Subtopic Outline | CFR View (CFR text)
5. Materials subject to in-situ mining techniques [§261.4(a)(5)]
Show Subtopic Outline | CFR View (CFR text)
6. Pulping liquors [§261.4(a)(6)]
Show Subtopic Outline | CFR View (CFR text)
7. Spent sulfuric acid [§261.4(a)(7)]
Show Subtopic Outline | CFR View (CFR text)
8. Reclaimed secondary materials [(§261.4(a)(8)]
Show Subtopic Outline | CFR View (CFR text)
9. Wood preserving wastes and drip pads [§261.4(a)(9)]
[drip pad definition from §260.10]
Show Subtopic Outline I CFR View (CFR text)
10. Coke by-products wastes [§261.4(a)(10)]
Show Subtopic Outline | CFR View (CFR text)
Topic View
1
-------
RCR, 4 Definition of Solid Waste Compendium - Volume A: Exclusions
11. Nonwastewater splash condenser dross residue from the treatment of K061
[§261.4(a)(l 1)]
Show Subtopic Outline | CFR View (CFR text)
12. Petroleum refinery wastes [§261.4(a)(12)]
Show Subtopic Outline | CFR View (CFR text)
13. Scrap metal [§261.4(a)(13)]
Show Subtopic Outline | CFR View (CFR text)
14. Shredded circuit boards being recycled [§261,4(a)(14)]
Show Subtopic Outline | CFR View (CFR text)
15. Condensates from kraft mill steam strippers [§261.4(a)(15)]
Show Subtopic Outline | CFR View (CFR text)
16. Comparable fuels or comparable syngas fuels [§261.4(a)(16)]
Show Subtopic Outline | CFR View (CFR text)
17. Spent materials from the primary minerals processing industry for recovery or
beneficiation [§261.4(a)(17)]
Show Subtopic Outline | CFR View (CFR text)
18. Petrochemical recovered oil [§261,4(a)(18)]
Show Subtopic Outline | CFR View (CFR text)
19. Spent caustic solutions from petroleum refining liquid treating processes used as a
feedstock to produce cresylic or naphthenic acid [§261,4(a)(19)]
Show Subtopic Outline | CFR View (CFR text)
20. Hazardous secondary materials used to make zinc fertilizers [§261.4(a)(20)]
Show Subtopic Outline | CFR View (CFR text)
21. Zinc fertilizers made from hazardous wastes or hazardous secondary materials
[§261.4(a)(20) and 261.4(a)(21)]
Show Subtopic Outline | CFR View (CFR text)
22. Used cathode ray tubes (CRTs) [§261.4(a)(22)]
Show Subtopic Outline | CFR View (CFR text)
Exclusions at §261.4(b)
23. Used oil filters [§261.4(b)(13)]
Show Subtopic Outline | CFR View (CFR text)
Topic View
2
-------
RCR, 4 Definition of Solid Waste Compendium - Volume A: Exclusions
Topic View - Subtopics
Return to: Main Index
A. Resources Applicable to All Exclusions
B. Specific Exclusions
Exclusions at §261.4(a)
1. Domestic sewage (Publicly Owned Treatment Works (POTW) exclusion)
[§261.4(a)(1)]
Y Close Subtopic Outline | CFR View (CFR text)
Resource Index:
All resources for this exclusion
Resources applicable to all subtopics
Resources specific to subtopic:
o Characteristic wastes
o Disposal of specific wastes
o Mode of conveyance to POTW
o Sludges
o Other
2. Industrial wastewater point source discharges [§261.4(a)(2)]
Y Close Subtopic Outline | CFR View (CFR text)
Resource Index:
All resources for this exclusion
Resources applicable to all subtopics
Resources specific to subtopic:
o Clean Water Act
o Contaminated sediment
o Ground water
3. Irrigation return flows [§261.4(a)(3)]
Y Close Subtopic Outline | CFR View (CFR text)
Resource Index:
All resources for this exclusion
Resources applicable to all subtopics
Resources specific to subtopic:
o No subtopics
Topic View Subtopics
3
-------
RCR, 4 Definition of Solid Waste Compendium - Volume A: Exclusions
4. Source, special nuclear, or by-product material as defined by the Atomic Energy
Act [§261.4(a)(4)]
Y Close Subtopic Outline | CFR View (CFR text)
Resource Index:
All resources for this exclusion
Resources applicable to all subtopics
Resources specific to subtopic:
o By-product material
o Radioactive mixed waste
o Specific wastes
5. Materials subject to in-situ mining techniques [§261.4(a)(5)]
Y Close Subtopic Outline | CFR View (CFR text)
Resource Index:
All resources for this exclusion
Resources applicable to all subtopics
Resources specific to subtopic:
o No subtopics
6. Pulping liquors [§261.4(a)(6)]
Y Close Subtopic Outline | CFR View (CFR text)
Resource Index:
All resources for this exclusion
Resources applicable to all subtopics
Resources specific to subtopic:
o No subtopics
7. Spent sulfuric acid [§261.4(a)(7)]
Y Close Subtopic Outline I CFR View (CFR text)
Resource Index:
All resources for this exclusion
Resources applicable to all subtopics
Resources specific to subtopic:
o Other
Topic View Subtopics
4
-------
RCR, 4 Definition of Solid Waste Compendium - Volume A: Exclusions
8. Reclaimed secondary materials [§261.4(a)(8)]
Y Close Subtopic Outline | CFR View (CFR text)
Resource Index:
All resources for this exclusion
Resources applicable to all subtopics
Resources specific to subtopic:
o Closed-loop recycling
o Other
9. Wood preserving wastes and drip pads [§261.4(a)(9); drip pad definition from
§260.10]
Y Close Subtopic Outline | CFR View (CFR text)
Resource Index:
All resources for this exclusion
Resources applicable to all subtopics
Resources specific to subtopic:
o Other
10. Coke by-products wastes [(§261.4(a)(10)]
Y Close Subtopic Outline | CFR View (CFR text)
Resource Index:
All resources for this exclusion
Resources applicable to all subtopics
Resources specific to subtopic:
o Gasifier/syngas
o Other
11. Nonwastewater splash condenser dross residue from the treatment of K061
[§261.4(a)(l 1)]
Y Close Subtopic Outline | CFR View (CFR text)
Resource Index:
All resources for this exclusion
Resources applicable to all subtopics
Resources specific to subtopic:
o Other
Topic View Subtopics
5
-------
RCR, 4 Definition of Solid Waste Compendium - Volume A: Exclusions
12. Petroleum refinery wastes [§261.4(a)(12)]
Y Close Subtopic Outline | CFR View (CFR text)
Resource Index:
All resources for this exclusion
Resources applicable to all subtopics
Resources specific to subtopic:
o Closed-loop exemption
o Emulsions materials
o Petroleum coke
o Recovered oil
o Wastewater treatment and Wastewater Treatment Units (WWTUs)
o Other
13. Scrap metal [§261.4(a)(13)]
Y Close Subtopic Outline | CFR View (CFR text)
Resource Index:
All resources for this exclusion
Resources applicable to all subtopics
Resources specific to subtopic:
o Aerosol cans
o Lead
o Processed scrap
o Solder
o Used oil filters
o Other
14. Shredded circuit boards being recycled [§261,4(a)(14)]
f Close Subtopic Outline I CFR View (CFR text)
Resource Index:
All resources for this exclusion
Resources applicable to all subtopics
Resources specific to subtopic:
o Scrap metal
o Other
15. Condensates from kraft mill steam strippers [§261.4(a)(15)]
Y Close Subtopic Outline | CFR View (CFR text)
Resource Index:
All resources for this exclusion
Resources applicable to all subtopics
Resources specific to subtopic:
o No subtopics
Topic View Subtopics
6
-------
RCR, 4 Definition of Solid Waste Compendium - Volume A: Exclusions
16. Comparable fuels or comparable syngas fuels [§261.4(a)(16)]
Y Close Subtopic Outline | CFR View (CFR text)
Resource Index:
All resources for this exclusion
Resources applicable to all subtopics
Resources specific to subtopic:
o Gasifier/syngas
o Other
17. Spent materials from the primary minerals processing industry for recovery or
beneficiation [§261.4(a)(17)]
Y Close Subtopic Outline | CFR View (CFR text)
Resource Index:
All resources for this exclusion
Resources applicable to all subtopics
Resources specific to subtopic:
o No subtopics
18. Petrochemical recovered oil [§261,4(a)(18)]
Y Close Subtopic Outline I CFR View (CFR text)
Resource Index:
All resources for this exclusion
Resources applicable to all subtopics
Resources specific to subtopic:
o No subtopics
19. Spent caustic solutions from petroleum refining liquid treating processes used as a
feedstock to produce cresylic or naphthenic acid [§261,4(a)(19)]
Y Close Subtopic Outline I CFR View (CFR text)
Resource Index:
All resources for this exclusion
Resources applicable to all subtopics
Resources specific to subtopic:
o No subtopics
Topic View Subtopics
7
-------
RCR, 4 Definition of Solid Waste Compendium - Volume A: Exclusions
20. Hazardous secondary materials used to make zinc fertilizers [§261.4(a)(20)]
Y Close Subtopic Outline | CFR View (CFR text)
Resource Index:
All resources for this exclusion
Resources applicable to all subtopics
Resources specific to subtopic:
o Other
21. Zinc fertilizers made from hazardous wastes or hazardous secondary materials
[§261.4(a)(20) and 261.4(a)(21)]
Y Close Subtopic Outline | CFR View (CFR text)
Resource Index:
All resources for this exclusion
Resources applicable to all subtopics
Resources specific to subtopic:
o Other
22. Used cathode ray tubes (CRTs) [§261.4(a)(22)]
Y Close Subtopic Outline | CFR View (CFR text)
Resource Index:
All resources for this exclusion
Resources applicable to all subtopics
Resources specific to subtopic:
o No subtopics
Exclusions at §261.4(b)
23. Used oil filters [§261.4(b)(13)]
Y Close Subtopic Outline | CFR View (CFR text)
Resource Index:
All resources for this exclusion
Resources applicable to all subtopics
Resources specific to subtopic:
o No subtopics
Topic View Subtopics
8
-------
RCR, 4 Definition of Solid Waste Compendium - Volume A: Exclusions
Resources by Topic & Subtopic
Resources Applicable to All Exclusions
Return to: Topic View | CFR View (CFR text) | Main Index
Subtopic
Resource
Document
Date
Type
Topic is
Focus?
Link to EPA
Summary
Link to
Resource
N/A
1.
45 FR 33066 - Hazardous Waste Management
System (Interim Final) [pp. 33096-33102]
5/19/1980
Federal
Register
Yes
N/A
PDF
2.
50 FR 614 - Amendments to Definition of Solid
Waste (Final) [pp. 641-642]
1/4/1985
See Also:
Federal
Register
Yes
N/A
PDF
3.
40 CFR §260.10-Definitions
N/A
Code of
Federal
Regulations
No
N/A
e-CFR
4.
40 CFR §261.2 - Definition of solid waste
N/A
Code of
Federal
Regulations
No
N/A
e-CFR
5.
40 CFR §261.3 - Definition of hazardous waste
N/A
Code of
Federal
Regulations
No
N/A
e-CFR
Return to: Topic View
I CFR View (CFR text) I Main Index
Resources Resources applicable to all Exclusions
9
-------
RCR, 4 Definition of Solid Waste Compendium - Volume A: Exclusions
1. Domestic sewage (POTW exclusion)
Return to: Topic View | CFR View (CFR text) | Main Index
Subtopic
Resource
Document
Date
Type
Topic is
Focus?
Link to EPA
Summary
Link to
Resource
Resources
applicable to all
subtopics
1.
45 FR 33066 - Hazardous Waste Management
System (Interim Final) [p. 33097]
5/19/1980
Federal
Register
Yes
N/A
PDF
2.
53 FR 47632 - The National Pollutant Discharge
Elimination System (Proposed) [pp. 47632-33]
11/23/1988
Federal
Register
Yes
N/A
PDF
3.
55 FR 22520 - Land Disposal Restrictions for Third
Scheduled Wastes (Final) [p. 22660]
6/1/1990
Federal
Register
Yes
N/A
PDF
Return to: Topic View I CFR View (CFR text)
I Main Index
Characteristic
wastes
1.
RCRA APPLICABILITY TO POTASSIUM
PERMANGANATE AND MANGANESE DISPOSAL
7/12/1991
Letter
No
Summarv
PDF
2.
TOTAL WASTE ANALYSIS ON POTW
BIOSOLIDS AND CERCLA LIABILITY
5/25/2000
Letter
No
Summary
PDF
Return to: Topic View I CFR View (CFR text)
I Main Index
Disposal of
specific wastes
1.
BATTERIES, WASTE ELECTROLYTE FROM
RECHARGEABLE NICKEL-CADMIUM
5/15/1985
Letter
No
Summary
PDF
2.
SILVER IN WASTES AND IN SEWER
DISCHARGES FROM THE PHOTO-FINISHING
INDUSTRY
6/26/1986
Letter
No
Summary
PDF
3.
MIXED RADIOACTIVE HOSPITAL WASTES AND
THE DOMESTIC SEWAGE EXCLUSION
12/19/1986
Letter
No
Summary
PDF
4.
DOMESTIC SEWAGE EXCLUSION
6/10/1987
Letter
No
Summary
PDF
5.
PROPER DISPOSAL OF OLD MEDICATIONS
11/28/1990
Letter
No
Summary
PDF
6.
REGULATORY STATUS AND MANAGEMENT OF
DISPOSABLE AND LAUNDERABLE INDUSTRIAL
RAGS AND WIPERS
9/27/1993
Letter
No
Summary
PDF
Return to: Topic View I CFR View (CFR text)
I Main Index
Resources Domestic sewage
10
-------
RCR, 4 Definition of Solid Waste Compendium - Volume A: Exclusions
Subtopic
Resource
Document
Date
Type
Topic is
Focus?
Link to EPA
Summary
Link to
Resource
Mode of
conveyance to
1.
MANAGEMENT OF WASTES PRIOR TO
INTRODUCTION INTO SEWER
9/25/1986
Memo
No
Summary
PDF
POTW
2.
TRUCK OR RAIL SHIPMENTS OF A
HAZARDOUS WASTE TO A POTW
12/12/1986
Memo
Yes
Summary
PDF
3.
DOMESTIC SEWAGE EXCLUSION
6/10/1987
Q & A
Yes
Summary
PDF
4.
DOMESTIC SEWAGE SLUDGE EXCLUSION
2/12/1990
Letter
Yes
Summary
PDF
Return to: Topic View I
CFR View (CFR text)
I Main Index
Sludges
1.
DOMESTIC SEWAGE EXCLUSION
6/10/1987
Q & A
Yes
Summary
PDF
2.
DOMESTIC SEWAGE SLUDGE EXCLUSION
2/12/1990
Letter
Yes
Summary
PDF
3.
SCOPE OF THE F006 LISTING
6/7/1991
Letter
No
Summary
PDF
4.
RCRA APPLICABILITY TO POTASSIUM
PERMANGANATE AND MANGANESE DISPOSAL
7/12/1991
Letter
No
Summary
PDF
5.
LDR NOTIFICATION REQUIREMENTS FOR
WASTEWATERS AND SLUDGES
5/1/1997
Letter
No
Summary
PDF
6.
PLACEMENT OF SEWAGE SLUDGE ON FARMS
3/28/2000
Letter
Yes
Summary
PDF
Return to: ToDic View I
CFR View (CFR text)
I Main Index
Other
1.
PRIVATELY OWNED SEWERS AND
WASTEWATER TREATMENT UNITS WHICH
DISCHARGE TO A POTW
10/1/1982
Q & A
Yes
Summary
PDF
2.
TOTALLY ENCLOSED TREATMENT FACILITY,
REGULATORY CLARIFICATION OF
2/18/1983
Letter
No
Summary
PDF
3.
APPLICABILITY OF THE DOMESTIC SEWAGE
EXCLUSION
3/10/1997
Letter
Yes
Summary
PDF
4.
APPLICABILITY OF THE DOMESTIC SEWAGE
EXCLUSION TO FOTWS
1/1/1998
Q & A
Yes
Summary
PDF
Return to: Topic View I
CFR View (CFR text)
I Main Index
Resources Domestic sewage
11
-------
RCR, 4 Definition of Solid Waste Compendium - Volume A: Exclusions
2. Industrial wastewater point source discharges
Return to: Topic View | CFR View (CFR text) | Main Index
Subtopic
Resource
Document
Date
Type
Topic is
Focus?
Link to EPA
Summary
Link to
Resource
Resources
applicable to all
subtopics
1.
45 FR 33066 - Hazardous Waste Management
System (Interim Final) [p. 33098]
5/19/1980
Federal
Register
Yes
N/A
PDF
2.
APPLICABILITY OF THE §261.4(A)(2)
EXCLUSIONS
10/1/1987
Q & A
Yes
Summarv
PDF
3.
EXEMPTION FOR WASTEWATER DISCHARGES
AND GENERATOR ACCUMULATION
PROVISIONS
12/10/1987
Letter
Yes
Summary
PDF
4.
INTERPRETATION OF INDUSTRIAL
WASTEWATER DISCHARGE EXCLUSION FROM
THE DEFINITION OF SOLID WASTE
2/17/1995
Memo
Yes
Summary
PDF
Return to: Topic View I CFR View (CFR text)
I Main Index
Clean Water Act
(CWA)
1.
APPLICABILITY OF THE §261.4(A)(2)
EXCLUSIONS
10/1/1987
Q & A
Yes
Summary
PDF
2.
PERMIT REQUIREMENTS FOR ZERO
WASTEWATER TREATMENT SYSTEM
3/20/1989
Letter
No
Summary
PDF
3.
DREDGE SEDIMENTS
8/11/1989
Memo
No
Summary
PDF
4.
RCRA APPLICABILITY TO POTASSIUM
PERMANGANATE AND MANGANESE DISPOSAL
7/12/1991
Letter
Yes
Summary
PDF
5.
EXEMPTION FROM PERMITTING
REQUIREMENTS FOR WASTE WATER
TREATMENT UNITS
1/16/1992
Letter
Yes
Summary
PDF
Return to: Topic View | CFR View (CFR text) | Main Index
Resources Industrial wastewater point source discharges
12
-------
RCR, 4 Definition of Solid Waste Compendium - Volume A: Exclusions
Subtopic
Resource
Document
Date
Type
Topic is
Focus?
Link to EPA
Summary
Link to
Resource
Contaminated
Sediment
1.
LEAKS, SPILLS, AND ILLEGAL DISCHARGES OF
LISTED WASTES TO SURFACE WATERS,
MIXTURE RULE APPLIED TO
1/23/1986
Memo
No
Summary
PDF
2.
DREDGE SEDIMENTS
8/11/1989
Memo
No
Summary
PDF
Return to: Topic View I CFR View (CFR text)
I Main Index
Ground water
1.
EXEMPTION FOR WASTEWATER DISCHARGES
AND GENERATOR ACCUMULATION
PROVISIONS
2/10/1987
Letter
No
Summary
PDF
2.
INTERPRETATION OF INDUSTRIAL
WASTEWATER DISCHARGE EXCLUSION FROM
THE DEFINITION OF SOLID WASTE
2/17/1995
Memo
Yes
Summary
PDF
Return to: Topic View | CFR View (CFR text) | Main Index
Resources Industrial wastewater point source discharges
13
-------
RCR, 4 Definition of Solid Waste Compendium - Volume A: Exclusions
3. Irrigation return flows
Return to: Topic View | CFR View (CFR text) | Main Index
Subtopic
Resource
Document
Date
Type
Topic is
Focus?
Link to EPA
Summary
Link to
Resource
Resources
applicable to all
subtopics
1. 45 FR 33066 - Hazardous Waste Management
System (Interim Final) [p. 33098]
Return to: Topic View I
5/19/1980
CFR View (CFR text)
Federal
Register
I Main Index
Yes
N/A
PDF
Resources Irrigation return flows
14
-------
RCR, 4 Definition of Solid Waste Compendium - Volume A: Exclusions
4. Source, special nuclear, or by-product material as defined by the Atomic Energy Act
Return to: Topic View | CFR View (CFR text) | Main Index
Subtopic
Resource
Document
Date
Type
Topic is
Focus?
Link to EPA
Summary
Link to
Resource
Resources
applicable to all
subtopics
1.
45 FR 33066 - Hazardous Waste Management
System (Interim Final) [p. 33098]
5/19/1980
Federal
Register
Yes
N/A
PDF
Return to: ToDic View I
CFR View (CFR text)
I Main Index
By-product
material
1.
BYPRODUCT MATERIAL AND MIXED WASTE,
AEA AND DOE INTERFACE
6/2/1986
Memo
No
Summary
PDF
2.
DISPOSAL OF SPENT HOUSEHOLD SMOKE
DETECTORS
12/5/2000
Letter
Yes
Summary
PDF
Return to: Topic View I
CFR View (CFR text)
I Main Index
Radioactive mixed
waste
1.
MIXED WASTE (DOE FACILITIES), DEFINITION
OF
5/10/1985
Letter
Yes
Summary
PDF
2.
JURISDICTION AND REGULATION OF MIXED
WASTE MANAGEMENT INCLUDING
INCINERATION AND LOCATION CRITERIA
7/3/1986
Letter
Yes
Summary
PDF
3.
MIXED WASTE STATUS OF NATURALLY
RADIOACTIVE MATERIALS (NORM)
9/1/1998
Q & A
Yes
Summary
PDF
Return to: Topic View I
CFR View (CFR text)
I Main Index
Specific wastes
1.
MIXED WASTE (DOE FACILITIES), DEFINITION
OF
11/22/1993
Letter
Yes
Summary
PDF
2.
DISPOSAL OF SPENT HOUSEHOLD SMOKE
DETECTORS
12/5/2000
Letter
Yes
Summary
PDF
Return to: Topic View I
CFR View (CFR text)
I Main Index
Resources Source, special nuclear, or by-product material as defined by the Atomic Energy Act
15
-------
RCR, 4 Definition of Solid Waste Compendium - Volume A: Exclusions
5. Materials subject to in-situ mining techniques
Return to: Topic View I CFR View (CFR text) | Main Index
Subtopic
Resource
Document
Date
Type
Topic is
Focus?
Link to EPA
Summary
Link to
Resource
Resources
applicable to all
subtopics
1. 45 FR 33066 - Hazardous Waste Management
System (Interim Final) [pp. 33099-33101]
Return to: Topic View I
5/19/1980
CFR View (CFR text)
Federal
Register
I Main Index
Yes
N/A
PDF
Resources Materials subject to in-situ mining techniques
16
-------
RCR, 4 Definition of Solid Waste Compendium - Volume A: Exclusions
6. Pulping liquors
Return to: Topic View | CFR View (CFR text) | Main Index
Document
Topic is
Link to EPA
Link to
Subtopic
Resource
Date
Type
Focus?
Summary
Resource
Resources
applicable to all 1. 50 FR 614 - Amendments to Definition of Solid Federal
subtopics Waste (Final) [pp. 641-642] 1/4/1985 Register Yes N/A PDF
2. 50 FR 14216 - Amendments to Definition of Solid Federal
Waste (Technical Corrections) [p. 14218] 4/11/1985 Register Yes N/A PDF
Return to: Topic View | CFR View (CFR text) | Main Index
Resources Pulping liquors
17
-------
RCR, 4 Definition of Solid Waste Compendium - Volume A: Exclusions
7. Spent sulfuric acid
Return to: Topic View | CFR View (CFR text) | Main Index
Subtopic
Resource
Document
Date
Type
Topic is
Focus?
Link to EPA
Summary
Link to
Resource
Resources
applicable to all
subtopics
1.
50 FR 614 - Amendments to Definition of Solid
Waste (Final) [p. 642]
1/4/1985
Federal
Register
Yes
N/A
PDF
2.
60 FR 57747 - Identification and Listing of
Hazardous Wastes (Proposed) [p. 57768]
11/20/1995
Federal
Register
Yes
N/A
PDF
Return to: Topic View I CFR View (CFR text)
I Main Index
Other
1.
SOLID AND HAZARDOUS WASTE, DEFINED
FOR SPENT SULFURIC ACID
2/1/1986
Q & A
Yes
Summary
PDF
2.
SPENT SULFURIC ACID ACCUMULATED
SPECULATIVELY
5/26/1988
Letter
Yes
Summary
PDF
3.
SECONDARY MATERIALS REGULATION - USED
SULFURIC ACID
6/6/1988
Letter
Yes
Summary
PDF
4.
EXCLUSIONS FOR K-WASTES DENIED
(LACLEDE STEEL)
9/12/1989
Memo
No
Summary
PDF
5.
REGULATORY STATUS OF BURNING SULFUR-
CONTAINING SECONDARY MATERIALS TO
PRODUCE VIRGIN SULFURIC ACID
5/23/1997
Letter
No
Summary
PDF
6.
SPENT SULFURIC ACID EXCLUSION AND USE
CONSTITUTING DISPOSAL
6/1/1999
Q & A
Yes
Summary
PDF
7.
SCOPE OF THE SPENT SULFURIC ACID
EXCLUSION
9/1/2001
Q & A
Yes
Summary
PDF
8. SPENT SULFURIC ACID USED AS FEEDSTOCK 7/21/2004 Letter Yes Summary PDF
Return to: Topic View | CFR View (CFR text) | Main Index
Resources Spent sulfuric acid
18
-------
RCR, 4 Definition of Solid Waste Compendium - Volume A: Exclusions
8. Reclaimed secondary materials
Return to: Topic View | CFR View (CFR text) | Main Index
Subtopic
Resource
Document
Date
Type
Topic is
Focus?
Link to EPA
Summary
Link to
Resource
Resources
applicable to all
subtopics
1.
51 FR 25422 - Systems for Hazardous Waste
Storage and Treatment Tank Systems (Final) [pp.
25441-25443]
7/14/1986
Federal
Register
Yes
N/A
PDF
2.
53 FR 519 - Amendments to Definition of Solid
Waste (Proposed) [pp. 525, 527]
1/8/1988
Federal
Register
Yes
N/A
PDF
3.
59 FR 47982 - Land Disposal Restrictions Phase II
(Final) [pp. 48014-48015] 9/19/1994
Return to: Topic View I CFR View (CFR text)
Federal
Register
I Main Index
Yes
N/A
PDF
Closed-loop
recycling
1.
RECLAMATION OF SPENT ALKALINE
ETCHANT-REQUEST FOR VARIANCE UNDER
MOD. CLOSED-LOOP PROVISION
10/29/1985
Letter
Yes
Summarv
PDF
2.
COUNTING DRY CLEANING INDUSTRY WASTE
ONLY AFTER REMOVAL FROM THE PROCESS -
SQG RULE
9/8/1986
Letter
Yes
Summary
PDF
3.
CLOSED LOOP RECYCLING
12/1/1988
Q & A
Yes
Summary
PDF
4.
EXCLUSIONS FOR K-WASTES DENIED
(LACLEDE STEEL)
9/12/1989
Memo
No
Summary
PDF
5.
CLOSED-LOOP RECYCLING EXCLUSION
2/1/1993
Q & A
Yes
Summary
PDF
6.
RECYCLING PETROLEUM REFINERY OILY
WASTES; REGULATORY STATUS OF
SEPARATION AND RECOVERY SYSTEMS
SAREX PROCESS FOR RECYCLING
PETROLEUM REFINERY OILY WASTES
3/5/1993
Letter
Yes
Summary
PDF
Resources Reclaimed secondary materials 19
-------
RCR, 4 Definition of Solid Waste Compendium - Volume A: Exclusions
Subtopic
Resource
Document
Date
Type
Topic is
Focus?
Link to EPA
Summary
Link to
Resource
7.
CLARIFICATION OF RCRA REGULATIONS AS
THEY APPLY TO THE USE OF
PERCHLOROETHYLENE IN DRY-CLEANING
PROCESS
6/10/1994
Letter
Yes
Summarv
PDF
8.
REGULATORY STATUS OF SOLVENT
RECOVERY UNITS
6/3/1997
Letter
Yes
Summary
PDF
Return to: Topic View I CFR View (CFR text)
I Main Index
Other
1.
STILL BOTTOM WASTE FROM POLYSTYRENE
PRODUCTION
9/1/1987
Memo
No
Summary
PDF
2.
RCRA REGULATIONS FOR ELECTRONIC
MATERIALS THAT ARE REUSED OR RESOLD
4/1/2003
Q & A
No
Summary
PDF
Return to: Topic View | CFR View (CFR text) | Main Index
Resources Reclaimed secondary materials
20
-------
RCR, 4 Definition of Solid Waste Compendium - Volume A: Exclusions
9. Wood preserving wastes and drip pads
Return to: Topic View | CFR View (CFR text) | Main Index
Subtopic
Resource
Document
Date
Type
Topic is
Focus?
Link to EPA
Summary
Link to
Resource
Resources
applicable to all
subtopics
1.
55 FR 50450 - Identification and Listing of
Hazardous Waste (Final) [pp. 50459-50461]
12/6/1990
Federal
Register
Yes
N/A
PDF
2.
56 FR 30192 - Identification and Listing of
Hazardous Waste (Technical Correction) [p. 30192]
7/1/1991
Federal
Register
Yes
N/A
PDF
3.
63 FR 28555 - Exclusion of Recycled Wood
Preserving Wastewaters (Final) [pp. 28627-28630]
5/26/1998
Federal
Register
Yes
N/A
PDF
Return to: Topic View I CFR View (CFR text)
I Main Index
Other
1.
ENVIRONMENTAL RELEASES FROM WOOD
PRESERVING PLANTS
4/7/1986
Letter
Yes
Summarv
PDF
2.
RECLAIMED SPENT WOOD PRESERVATIVE
EXCLUSION IN 40 CFR §261.4(A)(9)
12/1/1991
Q & A
Yes
Summarv
PDF
3.
RESOLUTION OF RCRA ISSUES RELATING TO
THE WOOD PRESERVING INDUSTRY
5/1/1996
Memo
No
Summary
PDF
4.
CLARIFICATION OF REQUIREMENTS
INVOLVING THE COUNTING OF WOOD
PRESERVING WATERS FOR BIENNIAL
REPORTING
6/4/1996
Letter
No
Summary
PDF
Return to: Topic View I CFR View (CFR text)
I Main Index
Resources Wood preserving wastes and drip pads
21
-------
RCR, 4 Definition of Solid Waste Compendium - Volume A: Exclusions
10. Coke by-products wastes including K060, K087, K141-K145, K157 andK148
Return to: Topic View | CFR View (CFR text) | Main Index
Subtopic
Resource
Document
Date
Type
Topic is
Focus?
Link to EPA
Summary
Link to
Resource
Resources
applicable to all
subtopics
1.
52 FR 16982 - Burning Hazardous Waste in Boilers
and Industrial Furnaces (Proposed) [pp. 17019-
17020]
5/6/1987
Federal
Register
Yes
N/A
PDF
2.
56 FR 7134 - Burning Hazardous Waste in Boilers
and Industrial Furnaces (Final) [pp. 7202-7203]
2/21/1991
Federal
Register
Yes
N/A
PDF
3.
56 FR 35758 - Hazardous Waste Management
Systems (Proposed) [pp. 35777-35780]
7/26/1991
Federal
Register
Yes
N/A
PDF
4.
57 FR 27880 - Hazardous Waste Management
System (Final) [pp. 27880-27881, 27883-27886]
6/22/1992
Federal
Register
Yes
N/A
PDF
5.
57 FR 37284 - Identification and Listing of
Hazardous Waste (Final) [pp. 37284-37285,
37297-37299]
8/18/1992
Federal
Register
Yes
N/A
PDF
Return to: Topic View I CFR View (CFR text)
I Main Index
Gasifier/syngas
1.
APPLICABILITY OF COKE BY-PRODUCTS
EXCLUSION TO COAL GASIFIER
3/26/1999
Letter
Yes
Summarv
PDF
Return to: Topic View I CFR View (CFR text)
I Main Index
Other
1.
WASTE-DERIVED FUELS AT IRON AND STEEL
MILLS AS PRODUCTS OR WASTE FUELS,
INFORMATION REQUIRED
1/24/1986
Letter
Yes
Summary
PDF
2.
WASTES GENERATED BY COKE AND COAL
TAR PLANTS
7/24/1987
Letter
No
Summary
PDF
3.
REGULATORY STATUS OF COAL TAR
DISTILLATES
7/9/1992
Letter
Yes
Summary
PDF
Resources Coke by-products wastes including K060, K087, K141-K145, K157 and K148
22
-------
RCR, 4 Definition of Solid Waste Compendium - Volume A: Exclusions
Document
Topic is
Link to EPA
Link to
Subtopic
Resource
Date
Type
Focus?
Summary
Resource
4. RECYCLING OF COKE BY-PRODUCT
RESIDUES 10/29/1992 Letter Yes Summary PDF
5. REGULATORY STATUS OF A DISSOLVED AIR
FLOATATION FLOAT STORAGE TANK USED TO
FEED MATERIAL INTO A PETROLEUM COKER 11/1/1993 Letter No Summary PDF
Return to: Topic View | CFR View (CFR text) | Main Index
Resources Coke by-products wastes including K060, K087, K141-K145, K157 and K148
23
-------
RCR, 4 Definition of Solid Waste Compendium - Volume A: Exclusions
11. Nonwastewater splash condenser dross residue from the treatment of K061
Return to: Topic View | CFR View (CFR text) | Main Index
Subtopic
Resource
Document
Date
Type
Topic is
Focus?
Link to EPA
Summary
Link to
Resource
Resources
applicable to all
subtopics
1. 56 FR 41164 - Land Disposal Restrictions for
Electric Arc Furnace Dust (Final) [pp. 41170-
41174]
8/19/1991
Federal
Register
Yes
N/A
PDF
Return to: Topic View I CFR View (CFR text)
I Main Index
Other
1. NEW JERSEY ZINC COMPANY K061 STORAGE
PILE
1/25/1988
Memo
No
Summary
PDF
Return to: Topic View I CFR View (CFR text)
I Main Index
Resources Nonwastewater splash condenser dross residue from the treatment of K061
24
-------
RCR, 4 Definition of Solid Waste Compendium - Volume A: Exclusions
12. Petroleum refinery wastes
Return to: Topic View | CFR View (CFR text) | Main Index
Subtopic
Resource
Document
Date
Type
Topic is
Focus?
Link to EPA
Summary
Link to
Resource
Resources
applicable to all
subtopics
1.
59 FR 38536 - Amendments to Definition of Solid
Waste (Final) [pp. 38539-385343]
7/28/1994
Federal
Register
Yes
N/A
PDF
2.
60 FR 57747 - Identification and Listing of
Hazardous Wastes (Proposed) [pp. 57764, 57766]
11/20/1995
Federal
Register
Yes
N/A
PDF
3.
61 FR 13103 - Amendments to Definition of Solid
Waste (Final) [pp. 13103-13105]
3/26/1996
Federal
Register
Yes
N/A
PDF
4.
63 FR 42110 - Hazardous Waste Management
System; Identification and Listing of Hazardous
Waste (Final) [pp. 42118,42127-42128]
8/6/1998
Federal
Register
Yes
N/A
PDF
5.
67 FR 13684 - Regulation of Hazardous Oil-
Bearing Secondary Materials From the Petroleum
Refining Industry and Other Hazardous Secondary
Materials Processed in a Gasification System To
Produce Synthesis Gas (Proposed)
3/25/2002
Federal
Register
Yes
N/A
PDF
Return to: Topic View I CFR View (CFR text)
I Main Index
Closed-loop
exemption
1.
RECYCLING PETROLEUM REFINERY OILY
WASTES; REGULATORY STATUS OF
SEPARATION AND RECOVERY SYSTEMS
SAREX PROCESS FOR RECYCLING
PETROLEUM REFINERY OILY WASTES
3/5/1993
Letter
Yes
Summary
PDF
Return to: Topic View I CFR View (CFR text)
I Main Index
Emulsions
materials
1.
OIL/WATER EMULSIONS GENERATED BY
PETROLEUM REFINERY WW SYSTEMS-K049
WASTE
12/7/1984
Memo
Yes
Summary
PDF
2.
CLASSIFICATION OF A TANK AS A STORAGE
UNIT OR AN OIL RECLAMATION UNIT
2/22/1985
Letter
No
Summary
PDF
Return to: Topic View | CFR View (CFR text) | Main Index
Resources Petroleum refinery wastes
25
-------
RCR, 4 Definition of Solid Waste Compendium - Volume A: Exclusions
Subtopic
Resource
Document
Date
Type
Topic is
Focus?
Link to EPA
Summary
Link to
Resource
Petroleum coke
1.
K051 AND HSWA; K051 SLUDGE RE-USED ON-
SITE, EXEMPTION
7/1/1985
Q & A
Yes
Summary
PDF
2.
FINAL RULE EXEMPTING RECOVERED OIL
FROM THE DEFINITION OF SOLID WASTE
7/26/1994
Memo
No
Summary
PDF
Return to: Topic View I CFR View (CFR text)
I Main Index
Recovered oil
1.
OIL/WATER EMULSIONS GENERATED BY
PETROLEUM REFINERY WW SYSTEMS-K049
WASTE
12/7/1984
Memo
Yes
Summary
PDF
2.
CLASSIFICATION OF A TANK AS A STORAGE
UNIT OR AN OIL RECLAMATION UNIT
2/22/1985
Letter
No
Summary
PDF
3.
RECYCLING PETROLEUM REFINERY OILY
WASTES; REGULATORY STATUS OF
SEPARATION AND RECOVERY SYSTEMS
SAREX PROCESS FOR RECYCLING
PETROLEUM REFINERY OILY WASTES
3/5/1993
Letter
No
Summary
PDF
4.
FINAL RULE EXEMPTING RECOVERED OIL
FROM THE DEFINITION OF SOLID WASTE
7/26/1994
Memo
No
Summary
PDF
5.
CLARIFICATION AND/OR RECONSIDERATION
OF CERTAIN PROVISIONS CONTAINED IN
EPA'S FINAL RULE ON RECOVERED OIL
5/3/1995
Letter
Yes
Summary
PDF
6.
REEXAMINATION OF PROPOSED EXCLUSION
FOR OIL-BEARING RESIDUALS
10/1/1997
Letter
Yes
Summary
PDF
7. RECYCLED ARCTIC GRADE DIESEL 5/2/2001 Memo Yes Summary PDF
Return to: Topic View | CFR View (CFR text) | Main Index
Resources Petroleum refinery wastes
26
-------
RCR, 4 Definition of Solid Waste Compendium - Volume A: Exclusions
Subtopic
Resource
Document
Date
Type
Topic is
Focus?
Link to EPA
Summary
Link to
Resource
Wastewater
treatment and
Wastewater
Treatment Units
(WWTUs)
1.
PETROLEUM REFINING WASTES AND
EXEMPTIONS FOR WWTUS
9/20/1990
Letter
No
Summarv
PDF
2.
RECYCLING PETROLEUM REFINERY OILY
WASTES; REGULATORY STATUS OF
SEPARATION AND RECOVERY SYSTEMS
SAREX PROCESS FOR RECYCLING
PETROLEUM REFINERY OILY WASTES
3/5/1993
Letter
No
Summary
PDF
3.
CLARIFICATION AND/OR RECONSIDERATION
OF CERTAIN PROVISIONS CONTAINED IN
EPA'S FINAL RULE ON RECOVERED OIL 5/3/1995
Letter
Yes
Summary
PDF
4.
PETROLEUM REFINERY TANKS AS
WASTEWATER TREATMENT UNITS
Return to: Topic View I
4/15/1998
CFR View (CFR text)
Letter
I Main Index
Yes
Summary
PDF
Other
1.
REGULATORY STATUS OF OIL-BEARING
SECONDARY MATERIALS UNDER RCRA
Return to: Topic View I
8/19/2003
CFR View (CFR text)
Letter
I Main Index
Yes
Summary
PDF
Resources Petroleum refinery wastes
27
-------
RCR, 4 Definition of Solid Waste Compendium - Volume A: Exclusions
13. Scrap metal
Return to: Topic View | CFR View (CFR text) I Main Index
Subtopic
Resource
Document
Date
Type
Topic is
Focus?
Link to EPA
Summary
Link to
Resource
Resources
applicable to all
subtopics
1.
50 FR 614 - Amendments to Definition of Solid
Waste (Final) [p. 624]
1/4/1985
Federal
Register
Yes
N/A
PDF
2.
61 FR 2338 - Land Disposal Restrictions-
Supplemental Proposal to Phase IV (Proposed)
[pp. 2361-2362]
1/25/1996
Federal
Register
Yes
N/A
PDF
3.
62 FR 25998 - Land Disposal RestrictionsPhase
IV (Final) [p. 26011]
5/12/1997
Federal
Register
Yes
N/A
PDF
4.
63 FR 28555 - Clarification of the RCRA Exclusion
of Shredded Circuit Boards (Final) [p. 28629]
5/26/1998
Federal
Register
Yes
N/A
PDF
5.
APPLICABILITY OF THE TOXICITY
CHARACTERISTIC TO USED OIL FILTERS
9/26/1991
Letter
Yes
Summarv
PDF
Return to: Topic View I CFR View (CFR text)
I Main Index
Aerosol cans
1.
REGULATORY STATUS OF USED RESIDENTIAL
AND COMMERCIAL/INDUSTRIAL AEROSOL
CANS
10/7/1993
Letter
Yes
Summary
PDF
2.
REGULATORY STATUS OF WASTE AEROSOL
CANS
1/4/1994
Letter
Yes
Summary
PDF
Return to: Topic View I CFR View (CFR text)
I Main Index
Lead
1.
APPLICATION OF THE SCRAP METAL
EXEMPTION TO LEAD FOIL USED IN DENTAL X-
RAY PACKAGES
4/29/1993
Letter
Yes
Summary
PDF
2.
REGULATORY STATUS OF LEAD SHOT
3/17/1997
Letter
Yes
Summary
PDF
Return to: Topic View | CFR View (CFR text) I Main Index
Resources Scrap metal
28
-------
RCR, 4 Definition of Solid Waste Compendium - Volume A: Exclusions
Subtopic
Resource
Document
Date
Type
Topic is
Focus?
Link to EPA
Summary
Link to
Resource
Processed scrap
1.
CLARIFICATION OF THE REGULATORY
STATUS OF AGGLOMERATED DROSSES
2/13/1998
Letter
Yes
Summary
PDF
2.
APPLICABILITY OF EXCLUSION FROM THE
DEFINITION OF SOLID WASTE FOR
PROCESSED SCRAP METAL TO USED OIL
FILTERS
6/2/1998
Letter
Yes
Summary
PDF
3.
APPLICABILITY OF THE PROCESSED SCRAP
METAL EXCLUSION TO USED OIL FILTERS
6/11/1998
Letter
Yes
Summary
PDF
Return to: TodIc View I CFR View (CFR text)
I Main Index
Solder
1.
REGULATORY STATUS OF SOLDER
SKIMMINGS THAT ARE RECLAIMED
7/20/1989
Letter
Yes
Summary
PDF
2.
SOLDER SKIMMINGS AND THE DEFINITION OF
SCRAP METAL
12/5/1990
Letter
Yes
Summary
PDF
3.
REGULATORY STATUS OF SOLDER
DRIPPINGS GENERATED DURING RADIATOR
REPAIR OPERATIONS
4/29/1993
Letter
Yes
Summary
PDF
4.
REGULATORY DETERMINATION OF SPENT
SOLDER BATHS, ALSO KNOWN AS ""POT
DUMPS""
9/20/1993
Letter
Yes
Summary
PDF
Return to: Topic View I CFR View (CFR text)
I Main Index
Used oil filters
1.
APPLICABILITY OF THE TOXICITY
CHARACTERISTIC TO USED OIL FILTERS
9/26/1991
Letter
Yes
Summary
PDF
2.
APPLICABILITY OF EXCLUSION FROM THE
DEFINITION OF SOLID WASTE FOR
PROCESSED SCRAP METAL TO USED OIL
FILTERS
6/2/1998
Letter
Yes
Summary
PDF
3.
APPLICABILITY OF THE PROCESSED SCRAP
METAL EXCLUSION TO USED OIL FILTERS
6/11/1998
Letter
Yes
Summary
PDF
Return to: Topic View I CFR View (CFR text)
I Main Index
Resources Scrap metal
29
-------
RCR, 4 Definition of Solid Waste Compendium - Volume A: Exclusions
Subtopic
Resource
Document
Date
Type
Topic is
Focus?
Link to EPA
Summary
Link to
Resource
Other
1.
SCRAP METAL REMOVED FROM SPENT
ALKALINE BATTERIES THAT ARE RECYCLED
10/20/1986
Letter
Yes
Summary
PDF
2.
DEFINITION OF "HOUSEHOLD WASTE" AND
"SCRAP METAL"
5/2/1988
Letter
Yes
Summary
PDF
3.
REGULATORY STATUS OF PRINTED CIRCUIT
BOARDS
8/26/1992
Memo
Yes
Summary
PDF
4.
REGULATORY STATUS OF NATURAL GAS
REGULATORS THAT CONTAIN MERCURY
UNDER RCRA
7/29/1994
Letter
Yes
Summary
PDF
5.
EXEMPTION FOR SCRAP METAL DESTINED
FOR RECYCLING APPLIES AT POINT OF
GENERATION
6/1/1998
Q & A
Yes
Summary
PDF
6.
REGULATORY STATUS OF SPENT METAL
FUEL FILTERS UNDER RCRA
6/3/1998
Letter
Yes
Summary
PDF
Return to: Topic View I CFR View (CFR text)
I Main Index
Resources Scrap metal
30
-------
RCR, 4 Definition of Solid Waste Compendium - Volume A: Exclusions
14. Shredded circuit boards being recycled
Return to: Topic View | CFR View (CFR text) | Main Index
Subtopic
Resource
Document
Date
Type
Topic is
Focus?
Link to EPA
Summary
Link to
Resource
Resources
applicable to all
subtopics
1.
61 FR 2338 - Land Disposal Restrictions-
Supplemental Proposal to Phase IV (Proposed)
[pp. 2362-2363]
1/25/1996
Federal
Register
Yes
N/A
PDF
2.
62 FR 25998 - Land Disposal RestrictionsPhase
IV (Final) [pp. 26011-26013]
5/12/1997
Federal
Register
Yes
N/A
PDF
3.
63 FR 28555 - Clarification of the RCRA Exclusion
of Shredded Circuit Boards (Final) [pp. 28629-
28630]
5/26/1998
Federal
Register
Yes
N/A
PDF
Return to: Topic View I CFR View (CFR text)
I Main Index
Scrap metal
1.
REGULATORY STATUS OF PRINTED CIRCUIT
BOARDS
8/26/1992
Letter
Yes
Summarv
PDF
Return to: Topic View I CFR View (CFR text)
I Main Index
Other
1.
REGULATORY STATUS OF OFF-
SPECIFICATION CIRCUIT PRINTING BOARDS
8/1/1991
Q & A
Yes
Summary
PDF
2.
CLARIFICATION OF REGULATORY STATUS OF
WHOLE CIRCUIT BOARDS
8/8/1997
Letter
Yes
Summary
PDF
3.
SCOPE OF THE SHREDDED CIRCUIT BOARDS
EXCLUSION
12/1/2003
Q & A
Yes
Summary
PDF
Return to: Topic View | CFR View (CFR text) | Main Index
Resources Shredded circuit boards being recycled
31
-------
RCR, 4 Definition of Solid Waste Compendium - Volume A: Exclusions
15. Condensates from kraft mill steam strippers
Return to: Topic View | CFR View (CFR text) | Main Index
Subtopic
Resource
Document
Date
Type
Topic is
Focus?
Link to EPA
Summary
Link to
Resource
Resources
applicable to all
subtopics
1. 61 FR 9383 - National Emission Standards for
Hazardous Air Pollutants for Source Category: Pulp
and Paper Production (Announcement of
availability of supplemental information) [p. 9396]
2. 63 FR 18504 - National Emission Standards for
Hazardous Air Pollutants for Source Category: Pulp
3/8/1996
Federal
Register
Federal
Yes
N/A
PDF
and Paper Production (Final) [p. 18533] 4/15/1998 Register Yes N/A PDF
Return to: Topic View | CFR View (CFR text) | Main Index
Resources Condensates from kraft mill steam strippers
32
-------
RCR, 4 Definition of Solid Waste Compendium - Volume A: Exclusions
16. Comparable fuels or comparable syngas fuels
Return to: Topic View | CFR View (CFR text) | Main Index
Subtopic
Resource
Document
Date
Type
Topic is
Focus?
Link to EPA
Summary
Link to
Resource
Resources
applicable to all
subtopics
1.
61 FR 17358 - Revised Standards for Hazardous
Waste Combustors (Proposed) [pp. 17459-17469]
4/19/1996
Federal
Register
Yes
N/A
PDF
2.
63 FR 33782 - RCRA Comparable Fuel Exclusion
(Final) [pp. 33783-33799]
6/19/1998
Federal
Register
Yes
N/A
PDF
3.
64 FR 25408 - Land Disposal Restrictions
Phase IV (Technical Correction) [pp. 25408-
25409]
5/11/1999
Federal
Register
Yes
N/A
PDF
4.
72 FR 33284 - Expansion of RCRA Comparable
Fuel Exclusion (Proposed) [pp. 33284-33334]
6/15/2007
Federal
Register
Yes
N/A
PDF
Return to: Topic View I CFR View (CFR text)
I Main Index
Gasifier/syngas
1.
REGULATORY STATUS OF A GASIFICATION
UNIT PROPOSED BY TEXACO TO BE BUILT IN
EL DORADO, KANSAS
5/25/1995
Letter
No
Summarv
PDF
Return to: Topic View I CFR View (CFR text)
I Main Index
Other
1.
LIMITING METAL CATALYSTS IN COMPARABLE
FUELS
2/26/1998
Letter
Yes
Summary
PDF
2.
COMPARABLE FUELS EXCLUSION
6/1/1998
Letter
Yes
Summary
PDF
Return to: Topic View I CFR View (CFR text)
I Main Index
Resources Comparable fuels or comparable syngas fuels
33
-------
RCR, 4 Definition of Solid Waste Compendium - Volume A: Exclusions
17. Spent materials from the primary minerals processing industry for recovery or beneficiation
Return to: Topic View | CFR View (CFR text) | Main Index
Subtopic
Resource
Document
Date
Type
Topic is
Focus?
Link to EPA
Summary
Link to
Resource
Resources
applicable to all
subtopics
1.
61 FR 2338 - Land Disposal Restrictions-
Supplemental Proposal to Phase IV (Proposed)
[pp. 2339-2350]
1/25/1996
Federal
Register
Yes
N/A
PDF
2.
63 FR 28555 - LDR Phase IV, Treatment
Standards for Mineral Processing Wastes (Final)
[pp. 28583-28590]
5/26/1998
Federal
Register
Yes
N/A
PDF
3.
64 FR 25408 - Land Disposal Restrictions
Phase IV (Technical Correction) [p. 25409]
5/11/1999
Federal
Register
Yes
N/A
PDF
4.
67 FR 11251 - Definition of Solid Waste (Final)
[pp. 11252-11253]
3/13/2002
Federal
Register
Yes
N/A
PDF
Return to: Topic View | CFR View (CFR text) | Main Index
Resources Spent materials from the primary minerals processing industry for recovery or beneficiation
34
-------
RCR, 4 Definition of Solid Waste Compendium - Volume A: Exclusions
18. Petrochemical recovered oil
Return to: Topic View | CFR View (CFR text) | Main Index
Subtopic
Resource
Document
Date
Type
Topic is
Focus?
Link to EPA
Summary
Link to
Resource
Resources
applicable to all
subtopics
1. 60 FR 57747 - Identification and Listing of
Hazardous Wastes (Proposed) [pp. 57755-57756]
11/20/1995
Federal
Register
Yes
N/A
PDF
2. 63 FR 42110 - Hazardous Waste Management
System; Identification and Listing of Hazardous
Waste (Final) [p. 42130]
8/6/1998
Federal
Register
Yes
N/A
PDF
Return to: Topic View | CFR View (CFR text) | Main Index
Resources Petrochemical recovered oil
35
-------
RCR, 4 Definition of Solid Waste Compendium - Volume A: Exclusions
19. Spent caustic solutions from petroleum refining liquid treating processes used as a feedstock to produce
cresylic or naphthenic acid
Return to: Topic View | CFR View (CFR text) | Main Index
Subtopic
Resource
Document
Date
Type
Topic is
Focus?
Link to EPA
Summary
Link to
Resource
Resources
applicable to all
subtopics
1. 60 FR 57747 - Identification and Listing of
Hazardous Wastes (Proposed) [pp. 57769-57770]
11/20/1995
Federal
Register
No
N/A
PDF
2. 63 FR 42110 - Hazardous Waste Management
System; Identification and Listing of Hazardous
Waste (Final) [p. 42119]
8/6/1998
Federal
Register
Yes
N/A
PDF
Return to: Topic View | CFR View (CFR text) | Main Index
Resources Spent caustic solutions from petroleum refining liquid treating processes used as a feedstock to produce cresylic or naphthenic acid 36
-------
RCR, 4 Definition of Solid Waste Compendium - Volume A: Exclusions
20. Hazardous secondary materials used to make zinc fertilizers
Return to: Topic View | CFR View (CFR text) | Main Index
Subtopic
Resource
Document
Date
Type
Topic is
Focus?
Link to EPA
Summary
Link to
Resource
Resources
applicable to all
subtopics
1.
65 FR 70954 - Requirements for Zinc Fertilizers
Made From Recycled Hazardous Secondary
Materials (Proposed) [pp. 70954-70982]
11/28/2000
Federal
Register
Yes
N/A
PDF
2.
67 FR 48393 - Zinc Fertilizers Made From
Recycled Hazardous Secondary Materials (Final)
[pp. 48396-48403]
7/24/2002
Federal
Register
Yes
N/A
PDF
Return to: Topic View I CFR View (CFR text)
I Main Index
Other
1.
EPA ACTIONS REGARDING FERTILIZER
CONTAMINANTS
2/27/2003
Letter
Yes
Summarv
PDF
2.
REGULATION OF FERTILIZERS MADE FROM
RECYCLED HAZARDOUS WASTE
3/21/2003
Letter
Yes
Summary
PDF
3.
TOXIC WASTE IN FERTILIZER
6/13/2003
Letter
Yes
Summary
PDF
Return to: Topic View I CFR View (CFR text)
I Main Index
Resources Hazardous secondary materials used to make zinc fertilizers
37
-------
RCR, 4 Definition of Solid Waste Compendium - Volume A: Exclusions
21. Zinc fertilizers made from hazardous wastes or hazardous secondary materials
Return to: Topic View | CFR View (CFR text) | Main Index
Subtopic
Resource
Document
Date
Type
Topic is
Focus?
Link to EPA
Summary
Link to
Resource
Resources
applicable to all
subtopics
1. 65 FR 70954 - Requirements for Zinc Fertilizers
Made From Recycled Hazardous Secondary
Materials (Proposed) [pp. 70954-70982]
11/28/2000
Federal
Register
Yes
N/A
PDF
2. 67 FR 48393 - Zinc Fertilizers Made From
Recycled Hazardous Secondary Materials (Final)
[pp. 48403-48407]
7/24/2002
Federal
Register
Yes
N/A
PDF
Return to: Topic View | CFR View (CFR text) | Main Index
' Other 1 RCRA REGULATION OF FERTILIZERS MADE '
FROM RECYCLED HAZARDOUS WASTE 7/17/2003 Letter Yes Summary PDF
Return to: Topic View | CFR View (CFR text) | Main Index
Resources Zinc fertilizers made from hazardous wastes or hazardous secondary materials
38
-------
RCR, 4 Definition of Solid Waste Compendium - Volume A: Exclusions
22. Used cathode ray tubes (CRTs)
Return to: Topic View | CFR View (CFR text) | Main Index
Subtopic
Resource
Document
Date
Type
Topic is
Focus?
Link to EPA
Summary
Link to
Resource
Resources
applicable to all
subtopics
1.
67 FR 40508 - Cathode Ray Tubes and Mercury-
Containing Equipment (Proposed) [pp. 40508-
40528]
6/12/2002
Federal
Register
Yes
N/A
PDF
2.
71 FR 42928 - Cathode Ray Tubes (Final) [All
pages]
7/28/2006
Federal
Register
Yes
N/A
PDF
3.
REGULATION OF CRTS AND OTHER
COMPUTER ELECTRONICS
8/1/2004
Q & A
Yes
Summary
PDF
4.
CRT PROCESSED GLASS RECYCLING AND
STORAGE
11/15/2006
Letter
Yes
Summary
PDF
Return to: Topic View I CFR View (CFR text)
I Main Index
Resources Used cathode ray tubes
39
-------
RCR, 4 Definition of Solid Waste Compendium - Volume A: Exclusions
23. Used oil filters
Return to: Topic View | CFR View (CFR text) | Main Index
Subtopic
Resource
Document
Date
Type
Topic is
Focus?
Link to EPA
Summary
Link to
Resource
Resources
applicable to all
subtopics
1.
56 FR 48000 - Hazardous Waste Management
System; General; Identification and Listing of
Hazardous Waste; Used Oil (Supplemental Notice
of Proposed Rulemaking) [pp.48024-48025, 48048]
9/23/1991
Federal
Register
Yes
N/A
PDF
2.
57 FR 21524 - Hazardous Waste Management
System; General; Identification and Listing of
Hazardous Waste; Used Oil (Final) [pp. 21531-
21532]
5/20/1992
Federal
Register
Yes
N/A
PDF
3.
USED OIL FILTERS CLASSIFICATION
8/17/1990
Memo
Yes
Summarv
PDF
4.
TC RULE DELAY OF IMPOSITION ON OIL
FILTERS
4/16/1991
Memo
Yes
Summary
PDF
5.
REGULATORY STATUS OF USED OIL FILTERS
10/23/1992
Memo
Yes
Summary
PDF
6.
USED OIL FILTERS
6/13/1993
Memo
Yes
Summary
PDF
7.
APPLICABILITY OF EXCLUSION FROM THE
DEFINITION OF SOLID WASTE FOR
PROCESSED SCRAP METAL TO USED OIL
FILTERS
6/2/1998
Memo
Yes
Summary
PDF
Return to: Topic View | CFR View (CFR text) | Main Index
Resources Used oil filters
40
-------
RCR, 4 Definition of Solid Waste Compendium - Volume A: Exclusions
CFR View Index
Return to: Main Index
NOTE: The CFR links in the below index are internal to this document.
CFR Location
Title/Topic
Additional Selected Topics
261.4
Exclusions
261.4(a
Materials which are not solid wastes.
261.4(a
m
Domestic sewage (POTW exclusion)
261.4(a
121
Industrial wastewater point source discharges
261.4(a
(3)
Irrigation return flows
261.4(a
(4)
Source, special nuclear or by-product material as
defined by the Atomic Energy Act
Nuclear By-Product/AEA
261.4(a
(5)
Materials subjected to in-situ mining techniques
261.4(a
m
Pulping liquors
261.4(a
m
Spent sulfuric acid
261.4(a
m
Reclaimed secondary materials
261.4(a
m
Wood preserving wastes and drip pads
261.4(a
(10)
Coke by-products wastes
261.4(a
(id
Nonwastewater splash condenser dross residue
from the treatment of K061
261.4(a
(12)
Petroleum refinery wastes
261.4(a
(13)
Scrap metal
Electronic Waste
261.4(a
(14)
Shredded circuit boards being recycled
Recycling;
Electronic Waste
261.4(a
(15)
Condensates from kraft mill steam strippers
261.4(a
(16)
Comparable fuels or comparable syngas fuels
261.4(a
(17)
Spent materials from the primary mineral
processing industry for recovery or benefication
Mineral Processing Recovery
261.4(a
(18)
Petrochemical recovered oil
261.4(a
(19)
Spent caustic solutions from petroleum refining
liquid treating processes used as a feedstock to
produce cresylic or naphthenic acid
261.4(a
(20)
Hazardous secondary materials used to make
zinc fertilizers
CFR View Index
41
-------
RCR, 4 Definition of Solid Waste Compendium - Volume A: Exclusions
CFR Location
Title/Topic
Additional Selected Topics
261,4(a)(21)
Zinc fertilizers made from hazardous wastes or
hazardous secondary materials
Cadmium;
Lead;
Mercury
261.4(a)(22)
Used cathode ray tubes (CRTs)
261.4(b)
Solid wastes which are not hazardous wastes.
261.4(b)(13)
Used oil filters
Return to: Tod of CFR Index I Main Index
CFR View Index (cont.)
42
-------
RCR 4 Definition of Solid Waste Compendium - Volume A: Exclusions
CFR View
Return to: Main Index
NOTE: The CFR language outline has been formatted
§261.4: Exclusions.
View Resources | Go to e-CFR | Return to: CFR Index | Topic View | Main Index
(a) Materials which are not solid wastes. The following materials are not solid wastes for the
purpose of this part:
Domestic sewage (POTW exclusion)
View Resources | Go to e-CFR | Return to: CFR Index | Topic View | Main Index
(1) (i) Domestic sewage; and
(ii) Any mixture of domestic sewage and other wastes that passes through a sewer
system to a publicly-owned treatment works for treatment. "Domestic sewage"
means untreated sanitary wastes that pass through a sewer system.
Industrial wastewater point source discharges
View Resources | Go to e-CFR | Return to: CFR Index | Topic View | Main Index
(2) Industrial wastewater discharges that are point source discharges subject to regulation
under section 402 of the Clean Water Act, as amended.
[Comment: This exclusion applies only to the actual point source discharge. It
does not exclude industrial wastewaters while they are being collected, stored or
treated before discharge, nor does it exclude sludges that are generated by
industrial wastewater treatment.]
Irrigation return flows
View Resources | Go to e-CFR | Return to: CFR Index | Topic View | Main Index
(3) Irrigation return flows.
CFR View - 40 CFR 261.4(a)(l)-(3)
43
-------
RCR 4 Definition of Solid Waste Compendium - Volume A: Exclusions
Source, special nuclear or by-product material as defined by the Atomic Energy Act
View Resources | Go to e-CFR | Return to: CFR Index | Topic View | Main Index
(4) Source, special nuclear or by-product material as defined by the Atomic Energy Act
of 1954, as amended, 42 U.S.C. 2011 et seq.
Materials subjected to in-situ mining techniques
View Resources | Go to e-CFR | Return to: CFR Index I Topic View | Main Index
(5) Materials subjected to in-situ mining techniques which are not removed from the
ground as part of the extraction process.
Pulping liquors
View Resources | Go to e-CFR | Return to: CFR Index | Topic View | Main Index
(6) Pulping liquors (i.e., black liquor) that are reclaimed in a pulping liquor recovery
furnace and then reused in the pulping process, unless it is accumulated speculatively as
defined in §261.1(c) of this chapter.
Spent sulfuric acid
View Resources | Go to e-CFR | Return to: CFR Index I Topic View | Main Index
(7) Spent sulfuric acid used to produce virgin sulfuric acid, unless it is accumulated
speculatively as defined in §261.1(c) of this chapter.
Reclaimed secondary materials
View Resources | Go to e-CFR | Return to: CFR Index | Topic View | Main Index
(8) Secondary materials that are reclaimed and returned to the original process or
processes in which they were generated where they are reused in the production process
provided:
(i) Only tank storage is involved, and the entire process through completion of
reclamation is closed by being entirely connected with pipes or other comparable
enclosed means of conveyance;
(ii) Reclamation does not involve controlled flame combustion (such as occurs in
boilers, industrial furnaces, or incinerators);
(iii) The secondary materials are never accumulated in such tanks for over twelve
months without being reclaimed; and
CFR View - 40 CFR 261.4(a)(4)-(8)
44
-------
RCR 4 Definition of Solid Waste Compendium - Volume A: Exclusions
Reclaimed secondary materials (cont.)
View Resources | Go to e-CFR | Return to: CFR Index | Topic View | Main Index
(iv) The reclaimed material is not used to produce a fuel, or used to produce
products that are used in a manner constituting disposal.
Wood preserving wastes and drip pads
View Resources | Go to e-CFR | Return to: CFR Index | Topic View | Main Index
(9) (i) Spent wood preserving solutions that have been reclaimed and are reused for
their original intended purpose; and
(ii) Wastewaters from the wood preserving process that have been reclaimed and
are reused to treat wood.
(iii) Prior to reuse, the wood preserving wastewaters and spent wood preserving
solutions described in paragraphs (a)(9)(i) and (a)(9)(ii) of this section, so long as
they meet all of the following conditions:
(A) The wood preserving wastewaters and spent wood preserving
solutions are reused on-site at water borne plants in the production process
for their original intended purpose;
(B) Prior to reuse, the wastewaters and spent wood preserving solutions
are managed to prevent release to either land or groundwater or both;
(C) Any unit used to manage wastewaters and/or spent wood preserving
solutions prior to reuse can be visually or otherwise determined to prevent
such releases;
(D) Any drip pad used to manage the wastewaters and/or spent wood
preserving solutions prior to reuse complies with the standards in part 265,
subpart W of this chapter, regardless of whether the plant generates a total
of less than 100 kg/month of hazardous waste; and
(E) Prior to operating pursuant to this exclusion, the plant owner or
operator prepares a one-time notification stating that the plant intends to
claim the exclusion, giving the date on which the plant intends to begin
operating under the exclusion, and containing the following language: "I
have read the applicable regulation establishing an exclusion for wood
preserving wastewaters and spent wood preserving solutions and
understand it requires me to comply at all times with the conditions set out
in the regulation." The plant must maintain a copy of that document in its
on-site records until closure of the facility. The exclusion applies so long
as the plant meets all of the conditions. If the plant goes out of compliance
CFR View - 40 CFR 261.4(a)(8)(«w£)-(9)
45
-------
RCR 4 Definition of Solid Waste Compendium - Volume A: Exclusions
Wood preserving wastes and drip pads (cont.)
View Resources | Go to e-CFR | Return to: CFR Index | Topic View | Main Index
with any condition, it may apply to the appropriate Regional
Administrator or state Director for reinstatement. The Regional
Administrator or state Director may reinstate the exclusion upon finding
that the plant has returned to compliance with all conditions and that the
violations are not likely to recur.
Coke by-products wastes
View Resources | Go to e-CFR | Return to: CFR Index | Topic View | Main Index
(10) EPA Hazardous Waste Nos. K060, K087, K141, K142, K143, K144, K145, K147,
and K148, and any wastes from the coke by-products processes that are hazardous only
because they exhibit the Toxicity Characteristic (TC) specified in section 261.24 of this
part when, subsequent to generation, these materials are recycled to coke ovens, to the tar
recovery process as a feedstock to produce coal tar, or mixed with coal tar prior to the
tar's sale or refining. This exclusion is conditioned on there being no land disposal of the
wastes from the point they are generated to the point they are recycled to coke ovens or
tar recovery or refining processes, or mixed with coal tar.
Nonwastewater splash condenser dross residue from the treatment of K061
View Resources | Go to e-CFR | Return to: CFR Index | Topic View | Main Index
(11) Nonwastewater splash condenser dross residue from the treatment of K061 in high
temperature metals recovery units, provided it is shipped in drums (if shipped) and not
land disposed before recovery.
Petroleum refinery wastes
View Resources | Go to e-CFR | Return to: CFR Index | Topic View | Main Index
(12) (i) Oil-bearing hazardous secondary materials (i.e., sludges, byproducts, or spent
materials) that are generated at a petroleum refinery (SIC code 2911) and are
inserted into the petroleum refining process (SIC code 2911including, but not
limited to, distillation, catalytic cracking, fractionation, or thermal cracking units
(i.e., cokers)) unless the material is placed on the land, or speculatively
accumulated before being so recycled. Materials inserted into thermal cracking
units are excluded under this paragraph, provided that the coke product also does
not exhibit a characteristic of hazardous waste. Oil-bearing hazardous secondary
materials may be inserted into the same petroleum refinery where they are
generated, or sent directly to another petroleum refinery, and still be excluded
under this provision. Except as provided in paragraph (a)(12)(ii) of this section,
oil-bearing hazardous secondary materials generated elsewhere in the petroleum
CFR View - 40 CFR 261.4(a)(9)(cwrt.)-(12)
46
-------
RCR 4 Definition of Solid Waste Compendium - Volume A: Exclusions
Petroleum refinery wastes (cont.)
View Resources | Go to e-CFR | Return to: CFR Index | Topic View | Main Index
industry (i.e., from sources other than petroleum refineries) are not excluded
under this section. Residuals generated from processing or recycling materials
excluded under this paragraph (a)(12)(i), where such materials as generated would
have otherwise met a listing under subpart D of this part, are designated as F037
listed wastes when disposed of or intended for disposal.
(ii) Recovered oil that is recycled in the same manner and with the same
conditions as described in paragraph (a)(12)(i) of this section. Recovered oil is oil
that has been reclaimed from secondary materials (including wastewater)
generated from normal petroleum industry practices, including refining,
exploration and production, bulk storage, and transportation incident thereto (SIC
codes 1311, 1321, 1381, 1382, 1389, 2911, 4612, 4613, 4922, 4923, 4789, 5171,
and 5172.) Recovered oil does not include oil-bearing hazardous wastes listed in
subpart D of this part; however, oil recovered from such wastes may be
considered recovered oil. Recovered oil does not include used oil as defined in 40
CFR 279.1.
Scrap metal
View Resources | Go to e-CFR | Return to: CFR Index | Topic View | Main Index
(13) Excluded scrap metal (processed scrap metal, unprocessed home scrap metal, and
unprocessed prompt scrap metal) being recycled.
Shredded circuit boards being recycled
View Resources | Go to e-CFR | Return to: CFR Index | Topic View | Main Index
(14) Shredded circuit boards being recycled provided that they are:
(i) Stored in containers sufficient to prevent a release to the environment prior to
recovery; and
(ii) Free of mercury switches, mercury relays and nickel-cadmium batteries and
lithium batteries.
Condensates from kraft mill steam strippers
View Resources | Go to e-CFR | Return to: CFR Index | Topic View | Main Index
(15) Condensates derived from the overhead gases from kraft mill steam strippers that are
used to comply with 40 CFR 63.446(e). The exemption applies only to combustion at the
mill generating the condensates.
CFR View - 40 CFR 261.4(a)(12)(«w£)-(15)
47
-------
RCR 4 Definition of Solid Waste Compendium - Volume A: Exclusions
Comparable fuels or comparable syngas fuels
View Resources | Go to e-CFR | Return to: CFR Index | Topic View | Main Index
(16) Comparable fuels or comparable syngas fuels (i.e., comparable/syngas fuels) that
meet the requirements of §261.38.
Spent materials from the primary mineral processing industry for recovery or
benefication
View Resources | Go to e-CFR | Return to: CFR Index | Topic View | Main Index
(17) Spent materials (as defined in §261.1) (other than hazardous wastes listed in subpart
D of this part) generated within the primary mineral processing industry from which
minerals, acids, cyanide, water, or other values are recovered by mineral processing or by
beneficiation, provided that:
(i) The spent material is legitimately recycled to recover minerals, acids, cyanide,
water or other values;
(ii) The spent material is not accumulated speculatively;
(iii) Except as provided in paragraph (a)(17)(iv) of this section, the spent material
is stored in tanks, containers, or buildings meeting the following minimum
integrity standards: a building must be an engineered structure with a floor, walls,
and a roof all of which are made of non-earthen materials providing structural
support (except smelter buildings may have partially earthen floors provided the
secondary material is stored on the non-earthen portion), and have a roof suitable
for diverting rainwater away from the foundation; a tank must be free standing,
not be a surface impoundment (as defined in 40 CFR 260.10), and be
manufactured of a material suitable for containment of its contents; a container
must be free standing and be manufactured of a material suitable for containment
of its contents. If tanks or containers contain any particulate which may be subject
to wind dispersal, the owner/operator must operate these units in a manner which
controls fugitive dust. Tanks, containers, and buildings must be designed,
constructed and operated to prevent significant releases to the environment of
these materials.
(iv) The Regional Administrator or State Director may make a site-specific
determination, after public review and comment, that only solid mineral
processing spent material may be placed on pads rather than tanks containers, or
buildings. Solid mineral processing spent materials do not contain any free liquid.
The decision-maker must affirm that pads are designed, constructed and operated
to prevent significant releases of the secondary material into the environment.
Pads must provide the same degree of containment afforded by the non-§tanks,
containers and buildings eligible for exclusion.
CFR View - 40 CFR 261.4(a)(16)-(17)
48
-------
RCR, 4 Definition of Solid Waste Compendium - Volume A: Exclusions
Spent materials from the primary mineral processing industry for recovery or
benefication (cont.)
View Resources | Go to e-CFR | Return to: CFR Index | Topic View | Main Index
(A) The decision-maker must also consider if storage on pads poses the
potential for significant releases via groundwater, surface water, and air
exposure pathways. Factors to be considered for assessing the
groundwater, surface water, air exposure pathways are: The volume and
physical and chemical properties of the secondary material, including its
potential for migration off the pad; the potential for human or
environmental exposure to hazardous constituents migrating from the pad
via each exposure pathway, and the possibility and extent of harm to
human and environmental receptors via each exposure pathway.
(B) Pads must meet the following minimum standards: Be designed of
non-earthen material that is compatible with the chemical nature of the
mineral processing spent material, capable of withstanding physical
stresses associated with placement and removal, have run on/runoff
controls, be operated in a manner which controls fugitive dust, and have
integrity assurance through inspections and maintenance programs.
(C) Before making a determination under this paragraph, the Regional
Administrator or State Director must provide notice and the opportunity
for comment to all persons potentially interested in the determination. This
can be accomplished by placing notice of this action in major local
newspapers, or broadcasting notice over local radio stations.
(v) The owner or operator provides notice to the Regional Administrator or State
Director providing the following information: The types of materials to be
recycled; the type and location of the storage units and recycling processes; and
the annual quantities expected to be placed in land-based units. This notification
must be updated when there is a change in the type of materials recycled or the
location of the recycling process.
(vi) For purposes of paragraph (a)(7) of this section, mineral processing spent
materials must be the result of mineral processing and may not include any listed
hazardous wastes. Listed hazardous wastes and characteristic hazardous wastes
generated by non-mineral processing industries are not eligible for the conditional
exclusion from the definition of solid waste.
CFR View - 40 CFR 261.4(a)(17){cont)
49
-------
RCR 4 Definition of Solid Waste Compendium - Volume A: Exclusions
Petrochemical recovered oil
View Resources | Go to e-CFR | Return to: CFR Index | Topic View I Main Index
(18) Petrochemical recovered oil from an associated organic chemical manufacturing
facility, where the oil is to be inserted into the petroleum refining process (SIC code
2911) along with normal petroleum refinery process streams, provided:
(i) The oil is hazardous only because it exhibits the characteristic of ignitability
(as defined in §261.21) and/or toxicity for benzene (§261.24, waste code DO 18);
and
(ii) The oil generated by the organic chemical manufacturing facility is not placed
on the land, or speculatively accumulated before being recycled into the
petroleum refining process. An "associated organic chemical manufacturing
facility" is a facility where the primary SIC code is 2869, but where operations
may also include SIC codes 2821, 2822, and 2865; and is physically co-located
with a petroleum refinery; and where the petroleum refinery to which the oil
being recycled is returned also provides hydrocarbon feedstocks to the organic
chemical manufacturing facility. "Petrochemical recovered oil" is oil that has
been reclaimed from secondary materials (i.e., sludges, byproducts, or spent
materials, including wastewater) from normal organic chemical manufacturing
operations, as well as oil recovered from organic chemical manufacturing
processes.
Spent caustic solutions from petroleum refining liquid treating processes used as a
feedstock to produce cresylic or naphthenic acid
View Resources | Go to e-CFR | Return to: CFR Index | Topic View | Main Index
(19) Spent caustic solutions from petroleum refining liquid treating processes used as a
feedstock to produce cresylic or naphthenic acid unless the material is placed on the land,
or accumulated speculatively as defined in §261.1(c).
Hazardous secondary materials used to make zinc fertilizers
View Resources | Go to e-CFR | Return to: CFR Index | Topic View | Main Index
(20) Hazardous secondary materials used to make zinc fertilizers, provided that the
following conditions specified are satisfied:
(i) Hazardous secondary materials used to make zinc micronutrient fertilizers
must not be accumulated speculatively, as defined in §261.1 (c)(8).
(ii) Generators and intermediate handlers of zinc-bearing hazardous secondary
materials that are to be incorporated into zinc fertilizers must:
CFR View - 40 CFR 261.4(a)(18)-(20)
50
-------
RCR, 4 Definition of Solid Waste Compendium - Volume A: Exclusions
Hazardous secondary materials used to make zinc fertilizers (cont.)
View Resources | Go to e-CFR | Return to: CFR Index | Topic View | Main Index
(A) Submit a one-time notice to the Regional Administrator or State
Director in whose jurisdiction the exclusion is being claimed, which
contains the name, address and EPA ID number of the generator or
intermediate handler facility, provides a brief description of the secondary
material that will be subject to the exclusion, and identifies when the
manufacturer intends to begin managing excluded, zinc-bearing hazardous
secondary materials under the conditions specified in this paragraph
(a)(20).
(B) Store the excluded secondary material in tanks, containers, or
buildings that are constructed and maintained in a way that prevents
releases of the secondary materials into the environment. At a minimum,
any building used for this purpose must be an engineered structure made
of non-earthen materials that provide structural support, and must have a
floor, walls and a roof that prevent wind dispersal and contact with
rainwater. Tanks used for this purpose must be structurally sound and, if
outdoors, must have roofs or covers that prevent contact with wind and
rain. Containers used for this purpose must be kept closed except when it
is necessary to add or remove material, and must be in sound condition.
Containers that are stored outdoors must be managed within storage areas
that:
(7) Have containment structures or systems sufficiently impervious
to contain leaks, spills and accumulated precipitation; and
(2) Provide for effective drainage and removal of leaks, spills and
accumulated precipitation; and
(5) Prevent run-on into the containment system.
(C) With each off-site shipment of excluded hazardous secondary
materials, provide written notice to the receiving facility that the material
is subject to the conditions of this paragraph (a)(20).
(D) Maintain at the generator's or intermediate handlers's facility for no
less than three years records of all shipments of excluded hazardous
secondary materials. For each shipment these records must at a minimum
contain the following information:
(7) Name of the transporter and date of the shipment;
CFR View - 40 CFR 261.4(a)(20)(«w£)
51
-------
RCR, 4 Definition of Solid Waste Compendium - Volume A: Exclusions
Hazardous secondary materials used to make zinc fertilizers (cont.)
View Resources | Go to e-CFR | Return to: CFR Index | Topic View | Main Index
(2) Name and address of the facility that received the excluded
material, and documentation confirming receipt of the shipment;
and
(5) Type and quantity of excluded secondary material in each
shipment.
(iii) Manufacturers of zinc fertilizers or zinc fertilizer ingredients made from
excluded hazardous secondary materials must:
(A) Store excluded hazardous secondary materials in accordance with the
storage requirements for generators and intermediate handlers, as specified
in paragraph (a)(20)(ii)(B) of this section.
(B) Submit a one-time notification to the Regional Administrator or State
Director that, at a minimum, specifies the name, address and EPA ID
number of the manufacturing facility, and identifies when the
manufacturer intends to begin managing excluded, zinc-bearing hazardous
secondary materials under the conditions specified in this paragraph
(a)(20).
(C) Maintain for a minimum of three years records of all shipments of
excluded hazardous secondary materials received by the manufacturer,
which must at a minimum identify for each shipment the name and
address of the generating facility, name of transporter and date the
materials were received, the quantity received, and a brief description of
the industrial process that generated the material.
(D) Submit to the Regional Administrator or State Director an annual
report that identifies the total quantities of all excluded hazardous
secondary materials that were used to manufacture zinc fertilizers or zinc
fertilizer ingredients in the previous year, the name and address of each
generating facility, and the industrial process(s) from which they were
generated.
(iv) Nothing in this section preempts, overrides or otherwise negates the provision
in §262.11 of this chapter, which requires any person who generates a solid waste
to determine if that waste is a hazardous waste.
CFR View - 40 CFR 261.4(a)(20)(«w£)
52
-------
RCR 4 Definition of Solid Waste Compendium - Volume A: Exclusions
Hazardous secondary materials used to make zinc fertilizers (cont.)
View Resources | Go to e-CFR | Return to: CFR Index | Topic View | Main Index
(v) Interim status and permitted storage units that have been used to store only
zinc-bearing hazardous wastes prior to the submission of the one-time notice
described in paragraph (a)(20)(ii)(A) of this section, and that afterward will be
used only to store hazardous secondary materials excluded under this paragraph,
are not subject to the closure requirements of 40 CFR Parts 264 and 265.
Zinc fertilizers made from hazardous wastes or hazardous secondary materials
View Resources | Go to e-CFR | Return to: CFR Index | Topic View | Main Index
(21) Zinc fertilizers made from hazardous wastes, or hazardous secondary materials that
are excluded under paragraph (a)(20) of this section, provided that:
(i) The fertilizers meet the following contaminant limits:
(A) For metal contaminants:
Constituent
Maximum
Allowable
Total
Concentration
in
Fertilizer,
per Unit (1%)
of Zinc (ppm)
Arsenic 0.3
Cadmium 1.4
Chromium 0.6
Lead 2.8
Mercury 0.3
(B) For dioxin contaminants the fertilizer must contain no more than
eight (8) parts per trillion of dioxin, measured as toxic equivalent
(TEQ).
(ii) The manufacturer performs sampling and analysis of the fertilizer product to
determine compliance with the contaminant limits for metals no less than every
six months, and for dioxins no less than every twelve months. Testing must also
be performed whenever changes occur to manufacturing processes or ingredients
that could significantly affect the amounts of contaminants in the fertilizer
product. The manufacturer may use any reliable analytical method to demonstrate
that no constituent of concern is present in the product at concentrations above the
applicable limits. It is the responsibility of the manufacturer to ensure that the
CFR View - 40 CFR 261.4(a)(20)(«w£)-(21)
53
-------
RCR 4 Definition of Solid Waste Compendium - Volume A: Exclusions
Zinc fertilizers made from hazardous wastes or hazardous secondary materials (cont.)
View Resources | Go to e-CFR | Return to: CFR Index | Topic View | Main Index
sampling and analysis are unbiased, precise, and representative of the product(s)
introduced into commerce.
(iii) The manufacturer maintains for no less than three years records of all
sampling and analyses performed for purposes of determining compliance with
the requirements of paragraph (a)(21)(ii) of this section. Such records must at a
minimum include:
(A) The dates and times product samples were taken, and the dates the
samples were analyzed;
(B) The names and qualifications of the person(s) taking the samples;
(C) A description of the methods and equipment used to take the samples;
(D) The name and address of the laboratory facility at which analyses of
the samples were performed;
(E) A description of the analytical methods used, including any cleanup
and sample preparation methods; and
(F) All laboratory analytical results used to determine compliance with the
contaminant limits specified in this paragraph (a)(21).
Used cathode ray tubes (CRTs)
View Resources | Go to e-CFR | Return to: CFR Index | Topic View | Main Index
(22) Used cathode ray tubes (CRTs)
(i) Used, intact CRTs as defined in §260.10 of this chapter are not solid wastes
within the United States unless they are disposed, or unless they are speculatively
accumulated as defined in §261.1(c)(8) by CRT collectors or glass processors.
(ii) Used, intact CRTs as defined in §260.10 of this chapter are not solid wastes
when exported for recycling provided that they meet the requirements of §261.40.
(iii) Used, broken CRTs as defined in §260.10 of this chapter are not solid wastes
provided that they meet the requirements of §261.39.
(iv) Glass removed from CRTs is not a solid waste provided that it meets the
requirements of §261.3 9(c).
CFR View - 40 CFR 261A(n)(21)(cont.)-(22)
54
-------
RCR 4 Definition of Solid Waste Compendium - Volume A: Exclusions
(b) Solid wastes which are not hazardous wastes. The following solid wastes are not hazardous
wastes:
[* * * Preceding text omitted* * *]
Used oil filters
View Resources | Go to e-CFR | Return to: CFR Index | Topic View | Main Index
(13) Non-terne plated used oil filters that are not mixed with wastes listed in subpart D of
this part if these oil filters have been gravity hot-drained using one of the following
methods:
(i) Puncturing the filter anti-drain back valve or the filter dome end and hot-
draining;
(ii) Hot-draining and crushing;
(iii) Dismantling and hot-draining; or
(iv) Any other equivalent hot-draining method that will remove used oil.
[***Remaining text omitted***]
***End of Exclusions CFR Excerpts ***
CFR Index | Go to e-CFR | View Resources | Topic View | Main Index
CFR View - 40 CFR 261.4(b)(13) 55
-------
RCR, 4 Definition of Solid Waste Compendium - Volume A: Exclusions
Glossary of Acronyms
Return to: Main Index
Acronym
Meaning
CFR
Code of Federal Regulations
CRT
Cathode Ray Tube
DOE
Department of Energy
e-CFR
electronic Code of Federal Regulations
EPA
Environmental Protection Agency
FR
Federal Register
NORM
Naturally Occurring Radioactive Materials
POTW
Publicly Owned Treatment Works
RCRA
Resource Conservation and Recovery Act
TC
Toxicity Characteristic
WWTU
Wastewater Treatment Unit
Glossary of Acronyms
56
------- |