The hazardous waste regulations of the USEPA, and most states, allow for the exclusion from regulation for certain wastes if they meet the applicability requirements and are managed and disposed per the regulations. These exceptions from regulation are based on a variety of criteria. The exclusion at 40 CFR 261.4(b)(12) for Used Chlorofluorocarbons being reclaimed is not industry specific and is meant to encourage recycling of an otherwise environmentally damaging chemical.
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40 cfr 261.4(b)(12) The RCRA Exclusion from Hazardous Waste for Used Chlorofluorocarbons
1. 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)(12) @DanielsTraining 1
This presentation: 40 CFR 261.4(b)(12):
Used Chlorofluorocarbon Refrigerants
2. PRESENTED BY:
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@DanielsTraining 240 CFR 261.4(b)(12)
3. 40 CFR 261.4(b)
• Paragraph ‘b’ of section 261.4 identifies 18 solid
wastes excluded from regulation as a hazardous
waste.
40 CFR 261.4(b)(12) @DanielsTraining 3
Solid
Waste
Hazardous
Waste
4. Spent Chlorofluorocarbon Refrigerants
“Chlorofluorocarbons (CFCs) released to the
atmosphere damage the stratospheric ozone layer.
To promote recycling and discourage the practice
of venting used CFCs to the atmosphere as a
means of avoiding Subtitle C regulation, EPA
excluded recycled CFCs from the definition of
hazardous waste since the refrigerants are
generally reclaimed for reuse. .”
40 CFR 261.4(b)(12) @DanielsTraining 4
2011 RCRA Orientation Manual
5. “The following solid wastes are not
hazardous wastes for the purpose of this
part…” (1.0)
• Used chlorofluorocarbon refrigerants from totally
enclosed heat transfer equipment.
• Includes:
• Mobile air conditioning systems.
• Mobile refrigeration.
• Commercial & industrial air conditioning &
refrigeration systems.
40 CFR 261.4(b)(12) @DanielsTraining 5
More…
6. “The following solid wastes are not
hazardous wastes for the purpose of this
part…” (2.0)
• Equipment identified in
previous slide…
• That use CFCs as
the heat transfer fluid
in a refrigeration
cycle.
If…
• Refrigerant is
reclaimed for further
use.
40 CFR 261.4(b)(12) @DanielsTraining 6
7. More to Consider (1)…
• Chlorofluorocarbon
(CFC): a compound
consisting of chlorine,
fluorine, and carbon.
40 CFR 261.4(b)(12) @DanielsTraining 7
8. More to Consider (2)…
• CFCs are very stable
in the troposphere.
They move to the
stratosphere & are
broken down by
strong ultraviolet
(UV) light, where they
release chlorine atoms
that then deplete
the ozone layer.
40 CFR 261.4(b)(12) @DanielsTraining 8
9. More to Consider (3)…
• CFCs are commonly
used as refrigerants,
solvents, & foam
blowing agents.
• The most common
CFCs are CFC-11,
CFC-12, CFC-113,
CFC-114, & CFC-115.
40 CFR 261.4(b)(12) @DanielsTraining 9
10. More to Consider (4)…
• Check with your State
as it may not recognize
this Federal exclusion.
40 CFR 261.4(b)(12) @DanielsTraining 10
11. 40 CFR 261.4(b)(12) Verbatim:
(b)Solid wastes which are not hazardous
wastes. The following solid wastes are not
hazardous wastes:
…
(12) Used chlorofluorocarbon refrigerants from
totally enclosed heat transfer equipment, including
mobile air conditioning systems, mobile
refrigeration, and commercial and industrial air
conditioning and refrigeration systems that use
chlorofluorocarbons as the heat transfer fluid in a
refrigeration cycle, provided the refrigerant is
reclaimed for further use.
40 CFR 261.4(b)(12) @DanielsTraining 11
12. Got Questions
About RCRA or
HazMat
Transportation?
I provide both:
RCRA Training for
Hazardous Waste
Personnel
And…
HazMat Employee
Training
Seminar, Webinar, or
Onsite
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12@DanielsTraining40 CFR 261.4(b)(12)
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Editor's Notes
The Used Chloroflourocarbons Exclusion from Regulation as a Hazardous Waste
40 CFR 261.4(b)(12) excludes certain used chlorofluorocarbons, a solid waste, from regulation as a hazardous waste if reclaimed for future use and if other the requirements of the regulations are met. This presentation briefly summarizes the requirements of this RCRA exclusion from regulation.