rcra exclusion

Certifications Required by the Generator-Controlled Exclusion of 40 CFR 261.4(a)(23)

40 CFR 261.4(a)(23), known as the Generator-Controlled Exclusion, is a conditional exclusion from regulation as a solid waste for a hazardous secondary material if its generator complies with the requirements of the exclusion and is generated and reclaimed under one of the following arrangements:

  1. Generated and reclaimed at the generating facility.
  2. Reclaimed at an off-site facility that is owned/controlled by the generator or one under the same ownership/control as the generator.
  3. Generated pursuant to a written contract between a tolling contractor and a toll manufacturer and is reclaimed by the tolling contractor.

While no certification is required under option #1, the use of options #2 or #3 will require the subject facility to provide the specified certification.  Those certification requirements are described below. (more…)

Mining Overburden – The RCRA Exclusion From Hazardous Waste at 40 CFR 261.4(b)(3)

The OMP Spring House Conditional Exclusion From Hazardous Waste for Low-Level Mixed Waste 40 CFR 261.4(b)(17)

Even though it expired in June of 2010, you may be interested in learning about this conditional exclusion from regulation as a hazardous waste that occupies 40 CFR 261.4(b)(17) to this day.

 

 

Categories of Waste to Consider When Determining a RCRA Recycling Exclusion From Solid Waste

The definition of a solid waste at 40 CFR 261.2(a)(1) includes any discarded material that is not excluded from regulation by:

  • The conditional exclusions for certain solid waste at §261.4(a).
  • A variance granted under §260.30 and §260.31.
  • A non-waste determination under §260.30 and §260.34

Unless you can find an exclusion from regulation, everything you “throw away” (ie. discard) is a solid waste.  So, what then does it mean to “discard” something?

Pursuant to 40 CFR 261.2(a)(2)(i), a discarded material is anything that is:

If you generate a solid waste – and you know that you do – it may be excluded from regulation if it is recycled in a manner prescribed by USEPA regulation.  Table 1 of 40 CFR 261.2 identifies five categories of solid wastes (two categories – Sludges and By-Products – are further subdivided into two sub-categories each, making a total of seven entries in Table 1) and identifies their regulatory status (solid waste or no solid waste) based on how they are recycled.  Not included in Table 1, but essential to its complete understanding is a Co-Product, which is referenced in the explanation of a By-Product.

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40 CFR 261.4(b)(7) – The Mining Waste Exclusion from Regulation as a Hazardous Waste

The RCRA Exclusion for Kraft Mill Steam Stripper Condensates at 40 CFR 261.4(a)(15)

USEPA Revises Regulations Regarding the Export of CRTs

On June 18, 2014 the USEPA made revisions to its regulations regarding the export of Cathode Ray Tubes (CRTs).  Those persons involved in the export of CRTs for reuse or recycling – eg. electronic collectors and recyclers – must review these revised regulations to ensure compliance.

CRTs may be a toxic hazardous waste for lead

Many older TVs and monitors contain CRTs that are a toxic hazardous waste for lead

A cathode ray tube (CRT) is the glass video display component of an electronic device (usually a computer or television monitor). CRT funnel glass generally contains high enough concentrations of lead that the glass is regulated as hazardous waste when disposed.

In an earlier revision (2006) to the regulations of the Resource Conservation and Recovery Act (RCRA) the USEPA created an exclusion from regulation as a solid waste for CRTs if certain conditions are met (review the RCRA Exclusion From Regulation for CRTs at 40 CFR 261.4(a)(22)).  This June 18, 2014 publication is a revision to the export requirements for those regulations.

Specifically, the rule:

(1) Adds a definition of “CRT exporter” to eliminate potential confusion over who is responsible for fulfilling CRT exporter duties, including submitting the export notices.
(2) Requires information on all interim and final destinations for CRTs exported for recycling to provide more complete information to receiving countries.
(3) Requires annual reports from exporters of used CRTs sent for recycling to provide EPA more accurate information on the total quantity of CRTs exported for recycling during a calendar year.
(4) Replaces the one-time notice for used CRTs exported for reuse with an expanded, periodic notice to improve tracking, and thus better management, of these CRTs.
(5) Requires that normal business records maintained by exporters of used CRTs for reuse be translated into English upon request.

Refer to the USEPA Webpage for Cathode Ray Tube (CRT) Regulations for more information.

Use caution when selecting your CRT recycler:

Cathode Ray Tube Recycler Fined by AZ DEQ

Criminal Penalties for CRT Recycler

Criminal Penalties for Michigan CRT Recycler 

Without the use of the above referenced RCRA exclusion, your CRTs may be required to be managed as a hazardous waste.  The knowledge of this exclusion – and others, see below – is critical for anyone who generates a hazardous waste or – as in the case of CRTs – generates something that could be a hazardous waste.

Daniels Training Services

815.821.1550

Info@DanielsTraining.com

https://www.danielstraining.com/

Please contact me for a free RCRA Training consultation or any questions you may have about the hazardous waste regulations of the USEPA.

40 CFR 261.4(b)(12) The RCRA Exclusion from Hazardous Waste for Used Chlorofluorocarbons

The Agriculture Waste Exclusion 40 CFR 261.4(b)(2)

40 CFR 261.4(b)(6) – the RCRA Exclusion From Hazardous Waste for Trivalent Chromium Waste