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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

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i


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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


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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


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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


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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


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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


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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


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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


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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


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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


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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


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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


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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


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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


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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


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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


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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

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Resources Industrial wastewater point source discharges

12


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RCR, 4 Definition of Solid Waste Compendium - Volume A: Exclusions

Subtopic

Resource

Document
Date

Type

Topic is
Focus?

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Summary

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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





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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

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Resources Industrial wastewater point source discharges

13


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RCR, 4 Definition of Solid Waste Compendium - Volume A: Exclusions

3. Irrigation return flows

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Date

Type

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Resource

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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


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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

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Summary

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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





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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





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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





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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





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I Main Index







Resources Source, special nuclear, or by-product material as defined by the Atomic Energy Act

15


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RCR, 4 Definition of Solid Waste Compendium - Volume A: Exclusions

5. Materials subject to in-situ mining techniques

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Resource

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Date

Type

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Summary

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Resource

Resources
applicable to all
subtopics

1. 45 FR 33066 - Hazardous Waste Management
System (Interim Final) [pp. 33099-33101]

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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


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RCR, 4 Definition of Solid Waste Compendium - Volume A: Exclusions

6. Pulping liquors

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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

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Resources Pulping liquors

17


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RCR, 4 Definition of Solid Waste Compendium - Volume A: Exclusions

7. Spent sulfuric acid

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Resource

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Date

Type

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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





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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

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Resources Spent sulfuric acid

18


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RCR, 4 Definition of Solid Waste Compendium - Volume A: Exclusions

8. Reclaimed secondary materials

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Resource

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Date

Type

Topic is
Focus?

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Summary

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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


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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





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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

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Resources Reclaimed secondary materials

20


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RCR, 4 Definition of Solid Waste Compendium - Volume A: Exclusions

9. Wood preserving wastes and drip pads

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Date

Type

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Focus?

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Summary

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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





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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





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Resources Wood preserving wastes and drip pads

21


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RCR, 4 Definition of Solid Waste Compendium - Volume A: Exclusions

10. Coke by-products wastes including K060, K087, K141-K145, K157 andK148

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Resource

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Date

Type

Topic is
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Summary

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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





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I Main Index







Gasifier/syngas

1.

APPLICABILITY OF COKE BY-PRODUCTS
EXCLUSION TO COAL GASIFIER

3/26/1999

Letter

Yes

Summarv

PDF





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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


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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

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Resources Coke by-products wastes including K060, K087, K141-K145, K157 and K148

23


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RCR, 4 Definition of Solid Waste Compendium - Volume A: Exclusions

11. Nonwastewater splash condenser dross residue from the treatment of K061

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Subtopic

Resource

Document
Date

Type

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Focus?

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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



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Other

1. NEW JERSEY ZINC COMPANY K061 STORAGE
PILE

1/25/1988

Memo

No

Summary

PDF



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Resources Nonwastewater splash condenser dross residue from the treatment of K061

24


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RCR, 4 Definition of Solid Waste Compendium - Volume A: Exclusions

12. Petroleum refinery wastes

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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





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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





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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

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Resources Petroleum refinery wastes

25


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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





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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

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Resources Petroleum refinery wastes

26


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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


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RCR, 4 Definition of Solid Waste Compendium - Volume A: Exclusions

13. Scrap metal

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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 Restrictions—Phase
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





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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





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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

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Resources Scrap metal

28


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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





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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





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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





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I Main Index







Resources Scrap metal

29


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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





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I Main Index







Resources Scrap metal

30


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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 Restrictions—Phase
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





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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


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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


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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





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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





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I Main Index







Resources Comparable fuels or comparable syngas fuels

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RCR, 4 Definition of Solid Waste Compendium - Volume A: Exclusions

17. Spent materials from the primary minerals processing industry for recovery or beneficiation

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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


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RCR, 4 Definition of Solid Waste Compendium - Volume A: Exclusions

18. Petrochemical recovered oil

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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


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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

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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

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Resources Spent caustic solutions from petroleum refining liquid treating processes used as a feedstock to produce cresylic or naphthenic acid 36


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RCR, 4 Definition of Solid Waste Compendium - Volume A: Exclusions

20. Hazardous secondary materials used to make zinc fertilizers

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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





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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





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I Main Index







Resources Hazardous secondary materials used to make zinc fertilizers

37


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RCR, 4 Definition of Solid Waste Compendium - Volume A: Exclusions

21. Zinc fertilizers made from hazardous wastes or hazardous secondary materials

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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

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' Other	1 RCRA REGULATION OF FERTILIZERS MADE	'

FROM RECYCLED HAZARDOUS WASTE	7/17/2003 Letter	Yes	Summary	PDF

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Resources Zinc fertilizers made from hazardous wastes or hazardous secondary materials

38


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RCR, 4 Definition of Solid Waste Compendium - Volume A: Exclusions

22. Used cathode ray tubes (CRTs)

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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





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Resources Used cathode ray tubes

39


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RCR, 4 Definition of Solid Waste Compendium - Volume A: Exclusions

23. Used oil filters

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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

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Resources Used oil filters

40


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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


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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


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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)

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(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

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(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

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(3)	Irrigation return flows.

CFR View - 40 CFR 261.4(a)(l)-(3)

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RCR 4 Definition of Solid Waste Compendium - Volume A: Exclusions

Source, special nuclear or by-product material as defined by the Atomic Energy Act
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(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

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(5)	Materials subjected to in-situ mining techniques which are not removed from the
ground as part of the extraction process.

Pulping liquors

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(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

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(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

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(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)

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RCR 4 Definition of Solid Waste Compendium - Volume A: Exclusions

Reclaimed secondary materials (cont.)

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(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

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(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)

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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

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(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

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(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 2911—including, 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)

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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

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(13)	Excluded scrap metal (processed scrap metal, unprocessed home scrap metal, and
unprocessed prompt scrap metal) being recycled.

Shredded circuit boards being recycled

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(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)

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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

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(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)

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RCR, 4 Definition of Solid Waste Compendium - Volume A: Exclusions

Spent materials from the primary mineral processing industry for recovery or
benefication (cont.)

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(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)

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RCR 4 Definition of Solid Waste Compendium - Volume A: Exclusions

Petrochemical recovered oil

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(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

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(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

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(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)

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RCR, 4 Definition of Solid Waste Compendium - Volume A: Exclusions

Hazardous secondary materials used to make zinc fertilizers (cont.)

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(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£)

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RCR, 4 Definition of Solid Waste Compendium - Volume A: Exclusions

Hazardous secondary materials used to make zinc fertilizers (cont.)

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(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£)

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RCR 4 Definition of Solid Waste Compendium - Volume A: Exclusions

Hazardous secondary materials used to make zinc fertilizers (cont.)

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(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
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(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)

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RCR 4 Definition of Solid Waste Compendium - Volume A: Exclusions

Zinc fertilizers made from hazardous wastes or hazardous secondary materials (cont.)

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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)

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(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)

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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

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(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 ***

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CFR View - 40 CFR 261.4(b)(13)	55


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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

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