40 CFR 261.4(a)(4) excludes nuclear waste from regulation as a solid waste - and thus as a hazardous waste - if the requirements of the regulations are met. This presentation briefly summarizes the requirements of this RCRA exclusion from regulation.

1. 40 CFR 261.4(a)(4) @DanielsTraining 1
EXCLUSIONS FROM
REGULATION AS SOLID
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).
This presentation: 40 CFR 261.4(a)(4):
Nuclear Waste

2. 40 CFR 261.4(a)(4) @DanielsTraining 2
PRESENTED BY:
Daniels Training Services
815.821.1550
www.DanielsTraining.com
Info@DanielsTraining.com
A different kind of training.

3. 40 CFR 261.4(a)(4) @DanielsTraining 3
40 CFR 261.4(a)
• Paragraph „a‟ of section 261.4 identifies 25
materials excluded from regulation as a solid
waste.
• If a material does not meet the definition of a solid
waste, it cannot be a hazardous waste.
Solid Hazardous
Waste Waste

4. 40 CFR 261.4(a)(4) @DanielsTraining 4
“The following materials are not solid
wastes for the purpose of this part…”
The following as defined
by the Atomic Energy
Commission (AEC) in
the Atomic Energy Act
of 1954:
1. Source Material
2. Special Nuclear
Material
3. By-Product Material

5. 40 CFR 261.4(a)(4) @DanielsTraining 5
More to Consider(1)…
Atomic Energy Act:
Source material means:
1. Uranium, thorium, or any other material which
is determined by the AEC to be source
material, or;
2. Ores containing one or more of the foregoing
materials, in such concentration as the AEC
may by regulation determine from time to time.

6. 40 CFR 261.4(a)(4) @DanielsTraining 6
More to Consider(2)…
Atomic Energy Act:
Special nuclear material means:
1. Plutonium, uranium enriched in the isotope 233
or in the isotope 235, and any other material
which the AEC determines to be special
nuclear material, but does not include source
material, or;
2. Any material artificially enriched by any of the
foregoing, but does not include source material.

7. 40 CFR 261.4(a)(4) @DanielsTraining 7
More to Consider(3)…
Atomic Energy Act:
By-Product Material means
1. Any radioactive material (except special
nuclear material) yielded in or made radioactive
by exposure to the radiation incident to the
process of producing or utilizing special nuclear
material, and;
2. The tailings or wastes produced by the
extraction or concentration of uranium or
thorium from any ore processed primarily for its
source material content.

8. 40 CFR 261.4(a)(4) @DanielsTraining 8
40 CFR 261.4(a)(4) Verbatim:
a) Materials which are not solid wastes. The
following materials are not solid wastes for the
purpose of this part:
…
(4) Source, special nuclear or by-product material
as defined by the Atomic Energy Act of 1954, as
amended, 42 U.S.C. 2011 et seq.

9. 40 CFR 261.4(a)(4) @DanielsTraining 9
Got Questions
About RCRA or
HazMat
Transportation?
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Personnel.
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