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EXCLUSIONS FROM REGULATION AS SOLID 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(a)(2)

This presentation: 40 CFR 261.4(a)(2): Industrial Wastewater Discharge (Point

Source Discharge)

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PRESENTED BY:

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

A different kind of training.

40 CFR 261.4(a)(2)

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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)

Solid Waste

Hazardous Waste

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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

40 CFR 261.4(a)(2)

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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

40 CFR 261.4(a)(2)

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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

40 CFR 261.4(a)(2)

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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.”

2011 RCRA Orientation Manual

40 CFR 261.4(a)(2)

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“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)

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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)

RO11895

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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)

Clean Water Act

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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)

RO13104

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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)

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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)

RO11895

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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)

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More to Consider (7)…

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

40 CFR 261.4(a)(2)

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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)

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

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40 CFR 261.4(a)(2)