This document discusses the exclusion from regulation as a solid waste for industrial wastewater discharges that are point source discharges subject to regulation under the Clean Water Act. Specifically: - Industrial wastewaters discharged directly into surface waters through pipes or other conveyances (point source discharges) are excluded from regulation under RCRA Subtitle C at the point of discharge, to avoid duplicative regulation with the Clean Water Act. - However, industrial wastewaters are still subject to RCRA regulation prior to the point of discharge, during collection, storage, or treatment. - The exclusion is intended to prevent both the Clean Water Act and RCRA from regulating the same wastewater discharges

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).
40 CFR 261.4(a)(2) @DanielsTraining 1
This presentation: 40 CFR 261.4(a)(2):
Industrial Wastewater Discharge (Point
Source Discharge)

2. PRESENTED BY:
Daniels Training Services
815.821.1550
www.DanielsTraining.com
Info@DanielsTraining.com
A different kind of training.
@DanielsTraining 240 CFR 261.4(a)(2)

3. 40 CFR 261.4(a)
• Paragraph ‘a’ of section 261.4 identifies 26
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.
40 CFR 261.4(a)(2) @DanielsTraining 3
Solid
Waste
Hazardous
Waste

4. What is Excluded @ 40 CFR 261.4(a)?
1) Domestic sewage.
Industrial wastewater
discharge (point
source discharge)
1) Irrigation return flow
2) Radioactive waste
3) In-situ mining
4) Pulping liquors
5) Spent sulfuric acid
6) Reclamation in
enclosed tanks
9) Spent wood
preservatives
10) Coke by-product
wastes
11) Splash condenser
dross residue
4@DanielsTraining40 CFR 261.4(a)(2)

5. What is Excluded @ 40 CFR 261.4(a)?
12) Hazardous secondary
materials from the
petroleum refining
industry
13) Excluded scrap metal
14) Shredded circuits
boards
15) Pulping condensates
derived from kraft mill
steam strippers
16) Comparable fuels
17) Mineral processing
secondary materials
being recycled
18) Petrochemical
recovered oil
19) Spent caustic
solutions from
petroleum refining
5@DanielsTraining40 CFR 261.4(a)(2)

6. What is Excluded @ 40 CFR 261.4(a)?
20) Hazardous secondary
materials used to
make zinc fertilizers
21) Zinc fertilizers made
from hazardous
wastes
22) Used cathode ray
tubes (CRTS)
23) Hazardous secondary
material generated &
reclaimed w/i the US
24) Hazardous secondary
material transferred to
another person for
reclamation
25) Hazardous secondary
material exported
from the US for
reclamation
26) Solvent-contaminated
wipes sent for
cleaning & reuse
6@DanielsTraining40 CFR 261.4(a)(2)

7. Industrial Wastewater Discharges (Point
Source Discharges)
“Another exclusion from RCRA designed to avoid overlap
with CWA regulations applies to point source discharges.
Point source discharges are discharges of pollutants (e.g.,
from a pipe, sewer, or pond) directly into a lake, river,
stream, or other water body. CWA regulates such
discharges under the National Pollutant Discharge
Elimination System (NPDES) permitting program. Under
this exclusion from the definition of solid waste,
wastewaters that are subject to CWA regulations are
exempt from Subtitle C regulation at the point of discharge.
Any hazardous waste generation, treatment, or storage
prior to the discharge is subject to RCRA regulation.
Many industrial facilities that treat wastewater on site utilize
this point source discharge exclusion.”
@DanielsTraining 7
2011 RCRA Orientation Manual
40 CFR 261.4(a)(2)

8. “The following materials are not solid
wastes for the purpose of this part…”
Included
• Industrial
wastewaters.
• Regulated by Clean
Water Act
• At the point of
discharge.
Not Included
• Industrial wastewaters
before discharge.
• Sludges generated by
industrial wastewater
treatment.
• Domestic sewage.
40 CFR 261.4(a)(2) @DanielsTraining 8

9. More to Consider (1)…
“The obvious purpose of the industrial point source
discharge exclusion in section 1004(27) was to
avoid duplicative regulation of point source
discharges under RCRA and the Clean Water Act.
Without such a provision, the discharge of
wastewater into navigable waters would be
"disposal" of solid waste, and potentially subject to
regulation under both the Clean Water Act and
RCRA Subtitle C.”
40 CFR 261.4(a)(2) @DanielsTraining 9
RO11895

10. More to Consider (2)…
• “Discharge of pollutant” means the combination
or addition of a pollutant to “waters of the United
States.”
• Waters of the United States are defined as, ".. .
All waters which are subject to the ebb and flow
of the tide ... all interstate waters ... lakes, rivers,
streams... “
• The definition specifically excludes ponds or
lagoons used for treatment and manmade
bodies of water.
40 CFR 261.4(a)(2) @DanielsTraining 10
Clean Water Act

11. More to Consider (3)…
• Exclusion applies at the
point of discharge where
wastes are first subject to
CWA regulation.
• Exclusion does not apply
to waste while being
collected, stored, or
treated before discharge.
40 CFR 261.4(a)(2) @DanielsTraining 11
RO13104

12. More to Consider (4)…
• Wastewater diverted
from the discharge
point (aka: outfall) for
other purposes is not
subject to the exclusion.
• Impoundment for
firefighting
(RO13051).
• Spray irrigation
(RO14775).
40 CFR 261.4(a)(2) @DanielsTraining 12

13. More to Consider (5)…
• Exclusion applies to:
• Solids
And…
• Dissolved materials.
• Generator’s compliance w/ CWA is assumed.
• Lack of permit for discharge is violation of CWA,
not RCRA.
40 CFR 261.4(a)(2) @DanielsTraining 13
RO11895

14. More to Consider (6)…
• Domestic sewage is
not subject to this
exclusion.
• Refer to 40 CFR
261.4(a)(1).
40 CFR 261.4(a)(2) @DanielsTraining 14

15. More to Consider (7)…
• Check with your State
as it may not recognize
this Federal exclusion.
@DanielsTraining 1540 CFR 261.4(a)(2)

16. 40 CFR 261.4(a)(2) Verbatim:
(a) Materials which are not solid wastes. The following
materials are not solid wastes for the purpose of this
part:
…
(2) Industrial wastewater discharges that are point
source discharges subject to regulation under section
402 of the Clean Water Act, as amended.
[Comment: This exclusion applies only to the actual
point source discharge. It does not exclude industrial
wastewaters while they are being collected, stored or
treated before discharge, nor does it exclude sludges
that are generated by industrial wastewater treatment.]
40 CFR 261.4(a)(2) @DanielsTraining 16

17. Got Questions
About RCRA or
HazMat
Transportation?
I provide both:
RCRA Training for
Hazardous Waste
Personnel
And…
HazMat Employee
Training
Seminar, Webinar, or
Onsite
Daniels Training Services
815.821.1550
Info@DanielsTraining.com
www.DanielsTraining.com
17@DanielsTraining
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40 CFR 261.4(a)(2)