EXCLUSIONS FROM REGULATION AS HAZARDOUS WASTE One presentation in a series that briefly explains the Federal exclusions from full regulation for certain materials under the Resource Conservation and Recovery Act (RCRA). 40 CFR 261.4(b)(1) @DanielsTraining 1 This presentation: 40 CFR 261.4(b)(1): Household Waste
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40 cfr 261.4(b)(1) - The Household Hazardous Waste Exclusion
The Household Waste Exclusion from Regulation as a Hazardous Waste 40 CFR 261.4(b)(1) excludes Household Waste, a solid waste from regulation as a hazardous waste if the requirements of the regulations are met. This presentation briefly summarizes the requirements of this RCRA exclusion from regulation.
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@DanielsTraining 1
EXCLUSIONS FROM REGULATION AS HAZARDOUS WASTEOne presentation in a series that briefly explains the Federal exclusions from full regulation for certain materials under the Resource Conservation and Recovery Act (RCRA).
40 CFR 261.4(b)(1)
This presentation: 40 CFR 261.4(b)(1):Household Waste
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PRESENTED BY:
Daniels Training Services815.821.1550www.DanielsTraining.comInfo@DanielsTraining.com
• Paragraph ‘b’ of section 261.4 identifies 17 solid wastes excluded from regulation as a hazardous waste.
40 CFR 261.4(b)(1)
Solid Waste
Hazardous Waste
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Household Hazardous Waste“Households often generate solid wastes that could technically be hazardous wastes (e.g., old solvents, paints, pesticides, fertilizers, or poisons). However, it would be impossible to regulate every house in the United States that occasionally threw away a can of paint thinner or a bottle of rat poison. Therefore, EPA developed the household waste exclusion. Under this exclusion, wastes generated by normal household activities (e.g., routine house and yard maintenance) are excluded from the definition of hazardous waste. EPA has expanded the exclusion to include household-like areas, such as bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds, and day-use recreation areas. While household hazardous waste is excluded from Subtitle C, it is regulated under Subtitle D as a solid waste.”
40 CFR 261.4(b)(1)
2011 RCRA Orientation Manual
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“The following solid wastes are not hazardous wastes for the purpose of this part…”
• Household Waste that has been collected, transported, stored, treated, disposed, recovered (e.g., refuse-derived fuel) or reused.
40 CFR 261.4(b)(1)
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“The following solid wastes are not hazardous wastes for the purpose of this part…”
40 CFR 261.4(b)(1)
• Household Waste means any material derived from households.
• Includes:• Garbage,• Trash, and;• Sanitary wastes in septic tanks.
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“The following solid wastes are not hazardous wastes for the purpose of this part…”
• “Household” includes:• Single and multiple residences, hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds and day-use recreation areas.
40 CFR 261.4(b)(1)
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More to Consider (1)…
• To be excluded, Household Waste must fulfill two criteria:
1. It must be generated by individuals on the premises of a household.
2. It must be composed primarily of materials found in the waste generated by consumers in their homes.
40 CFR 261.4(b)(1)
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More to Consider (2)…
40 CFR 261.4(b)(1)
• Household wastes may include hazardous materials:
• Paint,• Mineral spirits,• Batteries,• Acidic drain cleaners, and;
• Used oil.
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More to Consider (3)…
• A municipal waste-to-energy (WTE) facility that burns Household Waste alone or in combination with nonhazardous wastes from industrial and commercial sources is exempt from regulation as a hazardous waste treatment, storage, or disposal facility under RCRA Subtitle C.
• The ash generated at these facilities is not exempt.
• Hazardous waste regulation is first imposed on ash generated by a WTE facility when it exits the combustion building following the combustion and air pollution control processes.
• Although no hazardous waste listing applies to MWC ash, the ash would be a hazardous waste if it were to exhibit a characteristic of hazardous waste.
• The household exclusion applies to waste generated by either residents or contractors conducting lead-based paint activities (including abatement, renovation and remodeling) in residences.
• State-approved Household Hazardous Waste (HHW) Collection Programs that manage both CESQG waste and HHW are not subject to the full RCRA Subtitle C requirements merely because they mix these two types of wastes together.
(b)Solid wastes which are not hazardous wastes. The following solid wastes are not hazardous wastes:
…• (1) Household waste, including household waste that
has been collected, transported, stored, treated, disposed, recovered (e.g., refuse-derived fuel) or reused. “Household waste” means any material (including garbage, trash and sanitary wastes in septic tanks) derived from households (including single and multiple residences, hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds and day-use recreation areas).
40 CFR 261.4(b)(1)
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40 CFR 261.4(b)(1) Verbatim:
(b)Solid wastes which are not hazardous wastes. The following solid wastes are not hazardous wastes:
…• A resource recovery facility managing municipal solid
waste shall not be deemed to be treating, storing, disposing of, or otherwise managing hazardous wastes for the purposes of regulation under this subtitle, if such facility:
(i) Receives and burns only
(A) Household waste (from single and multiple dwellings, hotels, motels, and other residential sources) and
(B) Solid waste from commercial or industrial sources that does not contain hazardous waste; and
40 CFR 261.4(b)(1)
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40 CFR 261.4(b)(1) Verbatim:
(b)Solid wastes which are not hazardous wastes. The following solid wastes are not hazardous wastes:
…• (ii) Such facility does not accept hazardous wastes and the owner or operator of such facility has established contractual requirements or other appropriate notification or inspection procedures to assure that hazardous wastes are not received at or burned in such facility.
40 CFR 261.4(b)(1)
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Got Questions About RCRA or HazMat Transportation?
I provide:
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And
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Daniels Training Services815.821.1550Info@DanielsTraining.comwww.DanielsTraining.com