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EXCLUSIONS FROM REGULATION AS HAZARDOUS WASTEOne 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)(1)

This presentation: 40 CFR 261.4(b)(1):Household Waste

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PRESENTED BY:

Daniels Training Services815.821.1550www.DanielsTraining.comInfo@DanielsTraining.com

A different kind of training.

40 CFR 261.4(b)(1)

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40 CFR 261.4(b)

• Paragraph ‘b’ of section 261.4 identifies 17 solid wastes excluded from regulation as a hazardous waste.

40 CFR 261.4(b)(1)

Solid Waste

Hazardous Waste

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Household Hazardous Waste“Households often generate solid wastes that could technically be hazardous wastes (e.g., old solvents, paints, pesticides, fertilizers, or poisons). However, it would be impossible to regulate every house in the United States that occasionally threw away a can of paint thinner or a bottle of rat poison. Therefore, EPA developed the household waste exclusion. Under this exclusion, wastes generated by normal household activities (e.g., routine house and yard maintenance) are excluded from the definition of hazardous waste. EPA has expanded the exclusion to include household-like areas, such as bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds, and day-use recreation areas. While household hazardous waste is excluded from Subtitle C, it is regulated under Subtitle D as a solid waste.”

40 CFR 261.4(b)(1)

2011 RCRA Orientation Manual

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“The following solid wastes are not hazardous wastes for the purpose of this part…”

• Household Waste that has been collected, transported, stored, treated, disposed, recovered (e.g., refuse-derived fuel) or reused.

40 CFR 261.4(b)(1)

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“The following solid wastes are not hazardous wastes for the purpose of this part…”

40 CFR 261.4(b)(1)

• Household Waste means any material derived from households.

• Includes:• Garbage,• Trash, and;• Sanitary wastes in septic tanks.

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“The following solid wastes are not hazardous wastes for the purpose of this part…”

• “Household” includes:• Single and multiple residences, hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds and day-use recreation areas.

40 CFR 261.4(b)(1)

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More to Consider (1)…

• To be excluded, Household Waste must fulfill two criteria:

1. It must be generated by individuals on the premises of a household.

2. It must be composed primarily of materials found in the waste generated by consumers in their homes.

40 CFR 261.4(b)(1)

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More to Consider (2)…

40 CFR 261.4(b)(1)

• Household wastes may include hazardous materials:

• Paint,• Mineral spirits,• Batteries,• Acidic drain cleaners, and;

• Used oil. 

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More to Consider (3)…

• A municipal waste-to-energy (WTE) facility that burns Household Waste alone or in combination with nonhazardous wastes from industrial and commercial sources is exempt from regulation as a hazardous waste treatment, storage, or disposal facility under RCRA Subtitle C.

(RCRA FAQ’s)

40 CFR 261.4(b)(1)

However…

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More to Consider (4)…

• The ash generated at these facilities is not exempt.

• Hazardous waste regulation is first imposed on ash generated by a WTE facility when it exits the combustion building following the combustion and air pollution control processes.

• Although no hazardous waste listing applies to MWC ash, the ash would be a hazardous waste if it were to exhibit a characteristic of hazardous waste. 

(RCRA FAQ’s)

40 CFR 261.4(b)(1)

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More to Consider (5)…

• The household exclusion applies to waste generated by either residents or contractors conducting lead-based paint activities (including abatement, renovation and remodeling) in residences.

(USEPA Memorandum)

40 CFR 261.4(b)(1)

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More to Consider (6)…

• Dry-cleaning services and maintenance services at hotels and motels are not excluded as household wastes under the exclusion.

(RO 12624)

40 CFR 261.4(b)(1)

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More to Consider (7)…

40 CFR 261.4(b)(1)

• State-approved Household Hazardous Waste (HHW) Collection Programs that manage both CESQG waste and HHW are not subject to the full RCRA Subtitle C requirements merely because they mix these two types of wastes together.

(RO 11681)

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More to Consider (8)…

• As a solid waste, Household Waste will be regulated under Subtitle D of RCRA with other Municipal Solid Waste.

• It therefore is subject to State and local regulation.

40 CFR 261.4(b)(1)

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More to Consider (8)…

• Check with your State as it may not recognize this Federal exclusion.

• Your State may impose more strict requirements on TSDF’s who manage HHW.

40 CFR 261.4(b)(1)

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40 CFR 261.4(b)(1) Verbatim:

(b)Solid wastes which are not hazardous wastes. The following solid wastes are not hazardous wastes:

…• (1) Household waste, including household waste that

has been collected, transported, stored, treated, disposed, recovered (e.g., refuse-derived fuel) or reused. “Household waste” means any material (including garbage, trash and sanitary wastes in septic tanks) derived from households (including single and multiple residences, hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds and day-use recreation areas).

40 CFR 261.4(b)(1)

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40 CFR 261.4(b)(1) Verbatim:

(b)Solid wastes which are not hazardous wastes. The following solid wastes are not hazardous wastes:

…• A resource recovery facility managing municipal solid

waste shall not be deemed to be treating, storing, disposing of, or otherwise managing hazardous wastes for the purposes of regulation under this subtitle, if such facility:

(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 that does not contain hazardous waste; and

40 CFR 261.4(b)(1)

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40 CFR 261.4(b)(1) Verbatim:

(b)Solid wastes which are not hazardous wastes. The following solid wastes are not hazardous wastes:

…• (ii) Such facility does not accept hazardous wastes and the owner or operator of such facility has established contractual requirements or other appropriate notification or inspection procedures to assure that hazardous wastes are not received at or burned in such facility.

40 CFR 261.4(b)(1)

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Got Questions About RCRA or HazMat Transportation?

I provide:

Annual RCRA Training for Hazardous Waste Personnel

And

Triennial HazMat Employee Training

Public Seminar or Onsite Training

Daniels Training Services815.821.1550Info@DanielsTraining.comwww.DanielsTraining.com

40 CFR 261.4(b)(1)