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40 cfr 261.4(b)(1) - The Household Hazardous Waste Exclusion
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40 cfr 261.4(b)(1) - The Household Hazardous Waste Exclusion

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The Household Waste Exclusion from Regulation as a Hazardous Waste …

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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  • The Household Waste Exclusion from Regulation as a Hazardous Waste40 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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  • 1. EXCLUSIONS FROMREGULATION ASHAZARDOUS WASTEOne presentation in a series that briefly explainsthe Federal exclusions from full regulation forcertain materials under the ResourceConservation and Recovery Act (RCRA).40 CFR 261.4(b)(1) @DanielsTraining 1This presentation: 40 CFR 261.4(b)(1):Household Waste
  • 2. PRESENTED BY:Daniels Training Services815.821.1550www.DanielsTraining.comInfo@DanielsTraining.comA different kind of training.@DanielsTraining 240 CFR 261.4(b)(1)
  • 3. 40 CFR 261.4(b)• Paragraph „b‟ of section 261.4 identifies 17 solidwastes excluded from regulation as a hazardouswaste.40 CFR 261.4(b)(1) @DanielsTraining 3SolidWasteHazardousWaste
  • 4. Household Hazardous Waste“Households often generate solid wastes that couldtechnically be hazardous wastes (e.g., old solvents, paints,pesticides, fertilizers, or poisons). However, it would beimpossible to regulate every house in the United Statesthat occasionally threw away a can of paint thinner or abottle of rat poison. Therefore, EPA developed thehousehold waste exclusion. Under this exclusion, wastesgenerated by normal household activities (e.g., routinehouse and yard maintenance) are excluded from thedefinition of hazardous waste. EPA has expanded theexclusion to include household-like areas, such asbunkhouses, ranger stations, crew quarters, campgrounds,picnic grounds, and day-use recreation areas. Whilehousehold hazardous waste is excluded from Subtitle C, itis regulated under Subtitle D as a solid waste.”40 CFR 261.4(b)(1) @DanielsTraining 42011 RCRA Orientation Manual
  • 5. “The following solid wastes are not hazardouswastes for the purpose of this part…”• Household Waste thathas been collected,transported, stored,treated, disposed,recovered (e.g.,refuse-derived fuel) orreused.40 CFR 261.4(b)(1) @DanielsTraining 5
  • 6. “The following solid wastes are not hazardouswastes for the purpose of this part…”40 CFR 261.4(b)(1) @DanielsTraining 6• Household Wastemeans any materialderived fromhouseholds.• Includes:• Garbage,• Trash, and;• Sanitary wastes inseptic tanks.
  • 7. “The following solid wastes are not hazardouswastes for the purpose of this part…”• “Household” includes:• Single and multipleresidences, hotelsand motels,bunkhouses, rangerstations, crewquarters,campgrounds, picnicgrounds and day-userecreation areas.40 CFR 261.4(b)(1) @DanielsTraining 7
  • 8. More to Consider (1)…• To be excluded,Household Waste mustfulfill two criteria:1. It must be generatedby individuals on thepremises of ahousehold.2. It must be composedprimarily of materialsfound in the wastegenerated byconsumers in theirhomes.40 CFR 261.4(b)(1) @DanielsTraining 8
  • 9. More to Consider (2)…40 CFR 261.4(b)(1) @DanielsTraining 9• Household wastesmay includehazardous materials:• Paint,• Mineral spirits,• Batteries,• Acidic drain cleaners,and;• Used oil.
  • 10. More to Consider (3)…• A municipal waste-to-energy (WTE) facility thatburns Household Wastealone or in combination withnonhazardous wastes fromindustrial and commercialsources is exempt fromregulation as a hazardouswaste treatment, storage, ordisposal facility underRCRA Subtitle C.(RCRA FAQ‟s)40 CFR 261.4(b)(1) @DanielsTraining 10However…
  • 11. More to Consider (4)…• The ash generated at these facilities is notexempt.• Hazardous waste regulation is first imposed onash generated by a WTE facility when it exits thecombustion building following the combustion andair pollution control processes.• Although no hazardous waste listing applies toMWC ash, the ash would be a hazardous waste ifit were to exhibit a characteristic of hazardouswaste.(RCRA FAQ‟s)40 CFR 261.4(b)(1) @DanielsTraining 11
  • 12. More to Consider (5)…• The householdexclusion applies towaste generated byeither residents orcontractors conductinglead-based paintactivities (includingabatement, renovationand remodeling) inresidences.(USEPA Memorandum)40 CFR 261.4(b)(1) @DanielsTraining 12
  • 13. More to Consider (6)…• Dry-cleaning servicesand maintenanceservices at hotels andmotels are notexcluded as householdwastes under theexclusion.(RO 12624)40 CFR 261.4(b)(1) @DanielsTraining 13
  • 14. More to Consider (7)…40 CFR 261.4(b)(1) @DanielsTraining 14• State-approvedHousehold HazardousWaste (HHW) CollectionPrograms that manageboth CESQG waste andHHW are not subject tothe full RCRA Subtitle Crequirements merelybecause they mix thesetwo types of wastestogether.(RO 11681)
  • 15. More to Consider (8)…• As a solid waste,Household Waste willbe regulated underSubtitle D of RCRAwith other MunicipalSolid Waste.• It therefore is subjectto State and localregulation.40 CFR 261.4(b)(1) @DanielsTraining 15
  • 16. More to Consider (8)…• Check with your Stateas it may not recognizethis Federal exclusion.• Your State may imposemore strictrequirements onTSDF‟s who manageHHW.40 CFR 261.4(b)(1) @DanielsTraining 16
  • 17. 40 CFR 261.4(b)(1) Verbatim:(b)Solid wastes which are not hazardous wastes. Thefollowing solid wastes are not hazardous wastes:…• (1) Household waste, including household waste thathas been collected, transported, stored, treated,disposed, recovered (e.g., refuse-derived fuel) orreused. “Household waste” means any material(including garbage, trash and sanitary wastes inseptic tanks) derived from households (includingsingle and multiple residences, hotels and motels,bunkhouses, ranger stations, crew quarters,campgrounds, picnic grounds and day-use recreationareas).40 CFR 261.4(b)(1) @DanielsTraining 17
  • 18. 40 CFR 261.4(b)(1) Verbatim:(b)Solid wastes which are not hazardous wastes. Thefollowing solid wastes are not hazardous wastes:…• A resource recovery facility managing municipal solidwaste shall not be deemed to be treating, storing,disposing of, or otherwise managing hazardous wastesfor the purposes of regulation under this subtitle, if suchfacility:(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 thatdoes not contain hazardous waste; and40 CFR 261.4(b)(1) @DanielsTraining 18
  • 19. 40 CFR 261.4(b)(1) Verbatim:(b)Solid wastes which are not hazardouswastes. The following solid wastes are nothazardous wastes:…• (ii) Such facility does not accept hazardouswastes and the owner or operator of such facilityhas established contractual requirements or otherappropriate notification or inspection proceduresto assure that hazardous wastes are not receivedat or burned in such facility.40 CFR 261.4(b)(1) @DanielsTraining 19
  • 20. Got QuestionsAbout RCRAorHazMatTransportation?I provide:Annual RCRATraining forHazardous WastePersonnelAndTriennial HazMatEmployeeTrainingPublic Seminar orOnsite TrainingDaniels Training Services815.821.1550Info@DanielsTraining.comwww.DanielsTraining.com20@DanielsTraining40 CFR 261.4(b)(1)