Hazardous Waste Exclusions and Exemptions Overview
The exclusions and exemptions of hazardous waste under 40 CFR 261.4(b), including household waste, agricultural waste, fossil fuel combustion waste, and more. Learn about the solid wastes that are not considered hazardous and the specific criteria for exclusion.
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Hazardous Waste Exclusions and Exemptions
Hazardous Waste Exclusions 40 CFR 261.4(b) Solid wastes which are not hazardous wastes. The following solid wastes are not hazardous wastes Cartoon depiction of a Rule Book
Hazardous Waste Exclusions 40 CFR 261.4(b) 1 Household Hazardous Waste 261.4(b)(1) Agricultural Waste 261.4(b)(2) Mining Overburden 261.4(b)(3)
Hazardous Waste Exclusions 40 CFR 261.4(b) 2 Household Hazardous Waste Wastes generated by normal household activities (routine house and yard maintenance, not home-based meth labs or auto repair waste from a home- based shop) Includes household-like areas (bunkhouses, campgrounds, picnic grounds, but not hotel-based drycleaners)
Hazardous Waste Exclusions 40 CFR 261.4(b) 3 Fossil Fuel Combustion Waste (Bevill) 261.4(b)(4) Oil, Gas, and Geothermal Wastes (Bentsen Amendment) 261.4(b)(5) Trivalent Chromium Wastes (requires a demonstration) 261.4(b)(6) Mining and Mineral Processing Wastes (Bevill) 261.4(b)(7) Cement Kiln Dust (Bevill) 261.4(b)(8)
Hazardous Waste Exclusions 40 CFR 261.4(b) 4 Arsenically Treated Wood 261.4(b)(9) Petroleum Contaminated Media and Debris from Underground Storage Tanks (D018 through D043 only) 261.4(b)(10) 261.4(b)(11) Injected Groundwater
Hazardous Waste Exclusions 40 CFR 261.4(b) 5 Spent Chlorofluorocarbon Refrigerants 261.4(b)(12) Non-terne Plated Used Oil Filters 261.4(b)(13) Used Oil Distillation Bottoms 261.4(b)(14) Landfill Leachate or Gas Condensate Derived from Certain Listed Wastes 261.4(b)(15)
Hazardous Waste Exclusions 40 CFR 261.4(b) 6 Reserved 261.4(b)(16) Solid Waste that is LLMW at a specific facility in 261.4(b)(17) Pennsylvania 261.4(b)(18) Solvent-contaminated Wipes Sent for Disposal
Hazardous Waste Exemptions 261.4(c) Hazardous waste which is generated in a product or raw material tank, transport vehicle, vessel, or pipeline, or in a manufacturing process unit is not subject to regulation until it exits the unit in which it was generated, unless the unit is a surface impoundment, or unless the hazardous waste remains in the unit for more than 90 days after the unit ceases to be operated
Hazardous Waste Exemptions 1 Samples of waste, water, soil, or air 261.4(d) Treatability study samples 261.4(e) and (f) Dredged material subject to a permit 261.4(g) Carbon dioxide stream injected for geological sequestration 261.4(h)
Recycling Requirements for Specific HW 40 CFR 261.6(a)(2) 40 CFR Part 266 Subpart C Recyclable materials used in a manner constituting disposal Hazardous wastes burned for energy recovery in boilers and industrial furnaces Recyclable materials from which precious metals are reclaimed Spent lead-acid batteries that are reclaimed Subpart H Subpart F Subpart G
Recycling Requirements for Specific HW 40 CFR 261.6(a)(3) Other materials not subject to regulation when recycled: Industrial property including an above ground walkway and two stacks. Industrial ethyl alcohol that is reclaimed Scrap metal (not already excluded) A variety of reclaimed oils and oil-derived fuels associated with petroleum refining
Recycling Requirements for Specific HW 40 CFR 261.6(a)(4) Used Oil: Special management standards in 40 CFR Part 279 Includes used oil that is reused, re-refined, reclaimed, burned for energy recovery, or reprocessed three large white industrial tanks
Questions ? Hazardous Waste Program 8800 Baymeadows Way West Suite 100 Jacksonville, Florida 32256 (904) 256-1700 (904) 256-1588 fax
