The RCRA Exclusion for Agricultural Waste 40 cfr 261.4(b)(2)
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The document discusses the exclusion of agricultural waste from regulation as hazardous waste under the Resource Conservation and Recovery Act (RCRA). Specifically, it states that solid wastes generated by crop or animal farming are excluded from hazardous waste definitions if returned to the ground as fertilizers or soil conditioners. Examples given include crop residues and manures. The exclusion aims to prevent overregulation of farms and promote waste recycling.
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The RCRA Exclusion for Agricultural Waste 40 cfr 261.4(b)(2)
- 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)(2) @DanielsTraining 1 This presentation: 40 CFR 261.4(b)(2): Agricultural Waste
- 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(b)(2)
- 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)(2) @DanielsTraining 3 Solid Waste Hazardous Waste
- 4. Agricultural Waste • “To prevent overregulation of farms and promote waste recycling, solid wastes generated by crop or animal farming are excluded from the definition of hazardous waste provided that the wastes are returned to the ground as fertilizers or soil conditioners. Examples of such wastes are crop residues and manures. ” 40 CFR 261.4(b)(2) @DanielsTraining 4 2011 RCRA Orientation Manual
- 5. “The following solid wastes are not hazardous wastes for the purpose of this part…” (1.0) • If generated by: 1. The growing & harvesting of agricultural crops. And/Or… 2. The raising of animals. • Includes animal manures. 40 CFR 261.4(b)(2) @DanielsTraining 5 And…
- 6. “The following solid wastes are not hazardous wastes for the purpose of this part…” (2.0) 40 CFR 261.4(b)(2) @DanielsTraining 6 • Returned to the soil as a fertilizer.
- 7. More to Consider (1.0)… • This exclusion does not include silviculture waste such as foliage & tree branches. (45 FR May 19, 1980; page 33099). • Exclusions from solid waste for zinc fertilizers manufactured from hazardous waste or hazardous secondary materials are found at: • 40 CFR 261.4(a)(20 & 21). 40 CFR 261.4(b)(2) @DanielsTraining 7
- 8. More to Consider (2.0)… Fertilizer • Contains plant nutrients: • Nitrogen • Phosphorus • Potassium And… • Micronutrients like Zinc & other metals. Soil Amendment • Applied to the land primarily to enhance soil characteristics. 40 CFR 261.4(b)(2) @DanielsTraining 8 EPA Environmental Fact Sheet
- 9. More to Consider (3.0)… • Check with your State as it may not recognize this Federal exclusion. • State agriculture agencies typically have much broader authority to regulate fertilizers (RO 14671). 40 CFR 261.4(b)(2) @DanielsTraining 9
- 10. 40 CFR 261.4(b)(2) Verbatim: (b)Solid wastes which are not hazardous wastes. The following solid wastes are not hazardous wastes: … • (2) Solid wastes generated by any of the following and which are returned to the soils as fertilizers: • (i) The growing and harvesting of agricultural crops. • (ii) The raising of animals, including animal manures. 40 CFR 261.4(b)(2) @DanielsTraining 10
- 11. 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 11@DanielsTraining40 CFR 261.4(b)(2) Please Like or Share!