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Materials Excluded from Being a Solid Waste

Waste
by Kelly Lagana
"In order for a material to be a hazardous waste, it must first be a solid waste under RCRA. But some materials aren't wastes at all. Yesterday we gave you a list of materials that are excluded from the definition of solid waste. Here's the rest of the list."


  • Excluded scrap metal being recycled (e.g., processed scrap metal, unprocessed home scrap metal, and unprocessed prompt scrap metal).
  • Shredded circuit boards being recycled, provided they are stored in containers sufficient to prevent release to the environment, and are free of mercury switches, mercury relays, nickel-cadmium batteries, and lithium batteries.
  • Condensates derived from the overhead gases from kraft mill steam strippers that are used to comply with 40 CFR 63.446(e). This exemption applies only to combustion at the mill generating the condensates.

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  • Spent materials as defined in 40 CFR 261.1 (other than listed hazardous wastes) generated within the primary mineral processing industry from which minerals, acids, cyanide, water, or other values are recovered by mineral processing or by beneficiation, provided that certain conditions are met, including: the spent material is legitimately recycled to recover minerals, acids, cyanide, water, or other values; the spent material is not accumulated speculatively; the spent material is stored in tanks, containers, or buildings meeting conditions specified in 40 CFR 261.4(a)(17)(iii), or on pads meeting the standards specified in 40 CFR 261.4(a)(17)(iv); the plant owner or operator submits a notification to the EPA regional administrator (or the appropriate state director) in accordance with 40 CFR 261.4(a)(17)(v).
  • Comparable fuels or comparable syngas fuels that meet the requirements of 40 CFR 261.38.
  • Petrochemical recovered oil from an associated organic chemical manufacturing facility, where the oil is to be inserted into the petroleum refining process (SIC Code 2911) along with normal petroleum refinery process streams, provided certain conditions are met.
  • Spent caustic solutions from petroleum refining liquid treating processes used as a feedstock to produce cresylic or naphthenic acid unless the material is placed on the land or accumulated speculatively.
  • Hazardous secondary materials used to make zinc fertilizers, provided numerous conditions are met.
  • Zinc fertilizers made from hazardous wastes, or hazardous secondary materials that are excluded under the previous exemption, provided numerous conditions are met.
  • Used, broken, or intact CRTs, or glass removed from CRTs, provided certain conditions are met.
  • Hazardous secondary material generated and reclaimed within the United States and managed in land-based units (i.e., an area in which these materials are placed in or on the land before recycling), provided certain conditions specified in 40 CFR 261.4(a)(23) are met.

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  • Nonwastewater waste splash condenser dross residue from the treatment of K061 waste in high-temperature metals recovery units, provided the residue, if shipped, is in drums and not land disposed before recovery.
  • Oil-bearing hazardous secondary materials (e.g., sludges, by-products, or spent materials) that are generated at a petroleum refinery (SIC Code 2911) and inserted into the petroleum refining process, or recovered oil, provided the material is not managed on the land or accumulated speculatively before placement in the refinery process. Recovered oil does not include oil-bearing hazardous waste listed in 40 CFR 261 before the oil is recovered nor does it include used oil as defined in 40 CFR 279.

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