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…)

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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.

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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:

• Abandoned
• Recycled
• Considered inherently waste-like.
• A military munition identified as a solid waste.

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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